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Backup Documents 11/13/2007 RBCC REGULAR MEETING BACK -UP DOCUMENTS NOVEMBER 13, 2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) Ej AGENDA November 13, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice - Chairman Tom Henning, BCC Vice - Chairman, District 3 Donna Fiala, BCC Commissioner, District 1; CRAB Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -249 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." Page 1 November 13, 2007 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and /or Adopted with changes - 510 B. October 10, 2007 - BCC /PUD Audit Workshop Approved as presented - 5/0 C. October 11, 2007 - BCC /LDC Meeting Approved as presented - 5/0 D. October 12, 2007 - Value Adjustment Board Regular Meeting Approved as presented - 510 E. October 16, 2007 - BCC /LDC Special Meeting Approved as presented - 5/0 F. October 17, 2007 - Value Adjustment Board Special Magistrate Approved as presented - 5/0 Page 2 November 13, 2007 G. October 18, 2007 - Value Adjustment Board Special Magistrate Approved as presented - 5/0 H. October 19, 2007 - Value Adjustment Board Special Magistrate Meeting with Special Magistrate Bush Approved as presented - 5/0 I. October 19, 2007 - Value Adjustment Board Special Magistrate Meeting with Special Magistrate Pelletier Approved as presented - 510 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 Adopted - 5/0 B. Proclamation for Farm -City Week to be accepted by: Bart Zino, BBQ Co- Chair and Cecil and Rita Howell. Adopted - 5/0 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. Proclaiming November 15, 2007 as America Recycles Day. Adopted - 510 D. Proclamation for National Hunger and Homelessness Awareness Week to be accepted by Vann Ellison, Chairman of the Collier County Hunger and Homeless Coalition. Adopted - 5/0 E. Proclamation for Naples Unchained Day to be accepted by Lisa Boet, Founder and President of Naples Originals. Adopted - 5/0 5. PRESENTATIONS Page 3 November 13, 2007 A. Contractor Presentation - Collier County Emergency Services Center; Project 52160; Kraft Construction CM at Risk Contract Presented 6. PUBLIC PETITIONS A. Public petition request to discuss Code Enforcement Order to demolish home at 1318 South Pear Street, Immokalee. Assistance from the County Manager to contact I -Hope in Immokalee to inquire about a trailer B. Public Petition request from Pastor William A. Kirlew to seek an impact fee credit. Discussed C. Public Petition request from Susan L. Thompson to discuss the amended Willow West Stormwater Improvement Project. To be brought back at a future meeting - Consensus D. Public Petition request from William L. Klohn to address recommendation of the Affordable Housing Commission. Motion to bring back at the December 11, 2007 BCC meeting — Approved 510 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 Continued to the December 11, 2007 BCC Meeting A. This item reauires that all participants be sworn in and ex part 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 Page 4 November 13, 2007 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 Naples 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 1/2 miles east of CR 951 at 10097 Greenway Road, in Section 1, Township 51 South, Range 26 East, Collier County, Florida. (Companion to Item IOC) Ordinance 2007 -71 Adopted w /stipulations — 5/0 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 I 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, in order 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. Ordinance 2007 -72 Adopted w /stipulations — 5/0 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 Unit Development (PUD) Rezone for the Della Rosa RPUD. The rezoning request is to rezone from Rural Page 5 November 13, 2007 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 consists 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. Ordinance 2007 -73 Adopted w /stipulations — 5/0 9. BOARD OF COUNTY COMMISSIONERS A. This item 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 Tom Henning) Motion to amend the fee structure portion of the Impact Fee Ordinance except for transportation portion — Failed 2/3 (Commissioner Fiala, Commissioner Coyle and Commissioner Halas opposed) B. Appointment of member to the Environmental Advisory Council. Resolution 2007 -322: Appointing David Edward Bishof — Adopted 4/0 (Commissioner Halas absent) C. Recommendation to declare 2 vacancies on the Immokalee Master Plan and Visioning Committee. Resolution 2007 -323: Adopted — 4/0 (Commissioner Halas absent) D. Confirmation of appointment to the Collier County Planning Commission. Resolution 2007 -324: Appointing Tom Eastman representing the Collier County School Board — Adopted 4/0 (Commissioner Halas absent) E. Appointment of member to the Parks and Recreation Advisory Board. Resolution 2007 -325: Appointing Paul Nyce — Adopted 4/0 (Commissioner Halas absent) Page 6 November 13, 2007 F. Board discussion regarding Commissioner Henning's resignation from the Canvassing Board of the Special Election. Discussed 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. Plan as presented with an additional maximum of $4,000.00 — Approved 5/0 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 SCRWTP) 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) Approved — 4/0 (Commissioner Halas absent) 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) Resolution 2007 -326 Adopted — 4/0 (Commissioner Halas absent) C. Recommendation to approve a Developer's 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 8B) (Nick Casalanguida, Page 7 November 13, 2007 Transportation/Planning Director and Jeff Klatzkow, Assistant County Attorney) Approved w /changes — 5/0 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) Motion to defer this item to the Productivity Committee with suggestions being given to the BCC — Approved 4/0 (Commissioner Halas absent) 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) Approved — 4/0 (Commissioner Halas absent) Moved from Item #16E1 F. 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. Motion to deny lease agreement — Failed 2/3 (Commissioner Coletta, Commissioner Fiala and Commissioner Henning opposed); Motion to approve lease agreement — Approved 3/1 (Commissioner Coyle opposed and Commissioner Halas absent) 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. Resolution 2007 -327 Adopted — 4/0 (Commissioner Halas absent) Page 8 November 13, 2007 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 /Camping Permit to allow for a two - day camping and tourism event in the vicinity of Everglades City from December 16 -17, 2007. Approved — 4/0 (Commissioner Halas absent) 13. OTHER CONSTITUTIONAL OFFICERS Moved from Item #16J1 A. 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 Approved — 4/0 (Commissioner Halas absent) Moved from Item #16J11 B. 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. Approved — 4/0 (Commissioner Halas absent) 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Commissioner Henning: Suggestion regarding amending County's Ordinance to address downed landscape materials and compost B. Commissioner Henning: Gerald Lefebvre of the CEB has resigned C. Commissioner Henning: Discussion regarding Commissioner Halas as Collier County's FAC representative 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. Approved and /or Adopted with changes - 5/0 Page 9 November 13, 2007 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of the water and utility facilities for Andalucia. W /release of any Utility Performance Security 2) To accept final and unconditional conveyance of the water utility facility for The Meadows at Quail Creek. W /release of any Utility Performance Security 3) Recommendation to approve final acceptance of the water and sewer utility facilities for Indigo Preserve. W /release of any Utility Performance Security 4) Recommendation to approve final acceptance of the sewer utility facility for Regency Autohaus. W /release of any Utility Performance Security 5) Recommendation to approve final acceptance of the water and sewer utility facilities for Heritage Bay Road and Sales Trailer W /release of any Utility Performance Security 6) Recommendation to approve final acceptance of the water and sewer utility facilities for Gusto Bella Vita. W /release of any Utility Performance Security 7) Recommendation to approve final acceptance of the water and sewer utility facilities for Santorini Villas. W /release of any Utility Performance Security 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. W /Stipulations Page 10 November 13, 2007 9) Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. Cost for recording is $10.00 per release, totaling $250.00 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. As detailed in the Executive Summary 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) The property is described as the West 165 feet of Tract 46, Golden Gate Estates, Unit 19 3) 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 Page I1 November 13, 2007 funding available for Ethernet conversion and extending the project deadline to June 30, 2008. Resolution 2007 -310 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. The retainage amount to be paid is $1,060,061.77 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 I -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. (FDOT) Resolution 2007 -311 Resolution 2007 -312 C. PUBLIC UTILITIES 1) Recommendation to approve as ex- officio the governing Board of the Collier County 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. Resolution 2007 -313 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 To be utilized mostly during emergency situations preventing wastewater spillage; during inclement weather or extensive power outages Page 12 November 13, 2007 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 -3419 Immokalee 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 (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. 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. Deferring $12,942.29 in impact fees 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 Page 13 November 13, 2007 Collier County impact fees for an owner - occupied affordable housing unit located at Lot 131, Trail Ridge, Naples. Deferring $19,372.46 in impact fees 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, Naples. Deferring $19,372.46 in impact fees 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 affordable housing unit located at Lot 133, Trail Ridge, Naples. Deferring $19,372.46 in impact fees 5) 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 134, Trail Ridge, Naples. Deferring $19,372.46 in impact fees 6) 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 135, Trail Ridge, Naples. Deferring $19,372.46 in impact fees 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, Naples. Deferring $19,372.46 in impact fees Page 14 November 13, 2007 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, Naples. Deferring $19,372.46 in impact fees 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, Naples. Deferring $19,372.46 in impact fees 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, Naples. Deferring $19,372.46 in impact fees 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, Naples. Deferring $19,372.46 in impact fees 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/k/a Orangetree Regional Park) under Work Order No. WMI -FT- 3290 -06 -03 to Wilson Miller. Revisions to the master plan included soccer fields, parking, lighting, drainage, and irrigation design 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. Page 15 November 13, 2007 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, Naples. Deferring $19,372.52 in impact fees 17) 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. 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. 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, Page 16 November 13, 2007 for a 96 unit multi - family affordable rental housing project located at Crestview Park Apartments, Phase Il. Located in Immokalee 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, Naples. Deferring $19,372.52 in impact fees 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). Resolution 2007 -314 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, Naples. Deferring $19,372.52 in impact fees 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, Naples. Deferring $19,372.52 in impact fees 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). Deferring $146,064.64 in impact fees Page 17 November 13, 2007 25) 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 $415,000.00 to One by One Leadership Foundation for infill in order to support the construction of housing units. In order to build three homes in Immokalee for low income, legal, residents using Florida Department of Community Affairs Community Development Block Grant funds 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 St. Matthews House, Inc. for hurricane hardening of its shelter. For the replacement of fifty -one windows, five sliding glass doors, and the installation of a generator 27) 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 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. 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. 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 Page 18 November 13, 2007 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 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 $664,000.00 to Immokalee Non -Profit 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 affordable housing unit located at West 75 of the East 150 of Tract 23, Unit 47, Golden Gate Estates. Deferring $19,273.98 in impact fees 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 located at East 75 of the East 150 of Tract 40, Unit 79, Golden Gate Estates. Deferring $19,273.98 in impact fees 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. Page 19 November 13, 2007 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 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 $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 E. ADMINISTRATIVE SERVICES Moved to Item #10F 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. As detailed in the Executive Summary Page 20 November 13, 2007 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. The shutters will protect the five structures on the main Collier County Government Complex 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. As detailed in the Executive Summary 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. Resolution 2007 -315 2) Recommendation to approve the necessary budget amendment in the amount of $58,000 to purchase equipment to outfit fire apparatus. Various equipment enhancements are to assist with the protection of life and property within the Ochopee Fire Control District 3) That the Board of County Commissioners, as the Governing Board of the Ochopee Fire Control District, adopt a Resolution accepting a Page 21 November 13, 2007 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. Resolution 2007 -316 4) Recommendation to adopt a resolution approving budget amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2006 -07 Adopted Budget. BAR Resolution 2007 -05 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. Resolution 2007 -317 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 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. Resolution 2007 -318 7) Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $2,642,000 from the Pooled Commercial Page 22 November 13, 2007 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. Resolution 2007 -319 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. Resolution 2007 -320 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. As detailed in the Executive Summary 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 Item #16G1) Page 23 November 13, 2007 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 Item # 16F 10) 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. 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 public 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 Campaign 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 Page 24 November 13, 2007 Withdrawn 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 Coletta's travel budget. L MISCELLANEOUS CORRESPONDENCE 1) To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS Page 25 November 13, 2007 Moved to Item #13A 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. 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 Justice /Department 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, Page 26 November 13, 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. To the Southwest Florida Council, Boy Scouts of America Moved to Item #13B 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. Increases in fees as detailed in the Executive Summary 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 al., 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 al., 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 al., Case No. 03- 2352 -CA (Golden Gate Parkway, Project #60027) Fiscal Impact: $27,500.00. Page 27 November 13, 2007 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 4.02.0l.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. Resolution 2007 -321 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. Ordinance 2007 -69 C. This item to be continued to the December 4, 2007 BCC 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 Element and Interlocal Agreement for Page 28 November 13, 2007 Public School Facility Planning and School Concurrency to the Florida Department of Community Affairs. Staff will coordinate with the Department of Community Affairs to inform them of the potential delay 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 Meetins. 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. Ordinance 2007 -70 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. Page 29 November 13, 2007 November 13, 2007 Item 8A continued to the December 11, 2007 BCC meeting: 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. (Petitioner's request.) Item 10C: Note that this item is a companion to Item 813, rather than 8D. (Staff's request.) Item 16133: The Resolution title as shown on page 4 of 16 should read: "Resolution No. 2007- _" rather than Resolution No. 2008- . (Staffs 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 16,11 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. A,. 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 is dedicated to serving as physician advocates in promoting the highest standards /n public health, Medical education and ethics, and access to affordable healthcare in Collier County,• and WHEREAS, the Collier County Medical Society was chartered by the F/or/da Medical Association in 1957 with these founding members; Dr. James Craig, Dr. Reider Trygstad, Dr. Lora/ F. 6walfney, Dr. Ethel Trygstad, Dr. Daniel B. Langley, Dr. Tohn Mel /, Dr. W///iam Ba /ley, Dr. Tohn bar /and, Dr. Kenneth E. Snyder, and Dr. Forrest Hinton; and WHEREAS, over the last 50 years, the Collier County Medical Society has grown to over 500 physician members representing all specialties, and has become a strong, organized force lobbying for legislation that addresses healthcare access and protecting the professionalism of physicians; and, WHEREAS, the 50"' President of the Collier County Medical Society, Michael 6. Caputo, MD, a /ong with Officers Toseph 6auta, MD, Tames V. Ta/ano, MD, A/ina K. Stanc /u, MD, and Charles T, Anderson, MD, are proud to serve the medical community in this anniversary year. NOW THEREFORE, be it proc laimed by the Board of County Commissioners of Collier County, Florida, that the Collier County Medical Society be recognized for its accomplishments and achievements /n building a strong and sustainable medical community in Collier County. DONE AND ORDERED THIS 13th Day of November, 2017. 4B PROCLAMATION WHEREAS, November Ir through Ze is National Farm -City Week, a time set aside to recognize and honor the contributions of the Country'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 $300 million annually; and WHEREAS, twenty -two percent of Collier County is utilized 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, 2007 marks the 52'd year of the National Farm -City Partnership; and 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 hear Cecil and Rita Howell as this year's Form Family" of the year for their numerous years of tireless commitment and dedication to Collier County and its agriculture. NOW THEREFORE, be it proclaimed by the Board of County Commissioners 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 19* through 24"' be designated as Farm -City Week DONE AND ORDERED TI-1I5 13th Day of November, 2007. PROCLAMATION ° 4c WHEREAS, 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 o cleaner, safer, and healthier environment, • and WHEREAS, 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 WHEREAS, the citizens of Collier County 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 WHEREAS, the Public Utilities Solid Waste Management Department and Utility Billing 4 Customer Service Departments, 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 valuable landfill space and conserve natural resources; and WHEREAS, 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 THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that November 15, 2007, be designated as Americo Recycles Day in Co//ier County Collier County wishes to join the rest of America in maximizing awareness and celebration of this day. DONE AND ORDERED THIS 13th Day of November, 2007. BOARD OF COUNTY COMMISSIONERS PROCLAMA TION 4D WHEREAS, for the past several years the National Coalition for the Homeless and National Student Campaign Against Hunger and Homelessness have sponsored National Hunger and Homelessness Awareness Week; and, WHEREAS, the purpose of the proclamation is to educate the public about the many reasons people are hungry and homeless and at risk of homelessness including the shortage of affordable housing in Collier County for very low income residents, and to encourage support for homeless assistance service providers as well as community service opportunities for students and school service organizations; and WHEREAS, there are many organizations committed to sheltering, providing supportive services as well as meals and food supplies to the homeless including: Assembly of God Campus of Care, Catholic Charities, David Lawrence Center, Collier County Housing and Human Services, Collier County Hunger and Homeless Coalition, Harry Chapin Food Bank, Immokalee Friendship House, local religious affiliates, Salvation Army, Shelter for Abused Women, St. Matthew's House, St. Vincent de Paul, Youth Haven; and WHEREAS, the theme of National Hunger and Homelessness Awareness Week 2007 is 'Bringing America Home" and, WHEREAS, the Board of County Canmissioners reeoanizes that hunger and homelessness continues to be a serious problem for many individuals and families in Collier county, • and WHEREAS, during the Point -in -Time Homeless Count of 2007, Collier County Hunger and Homeless Coalition documented 414 individuals homeless and 707 individuals at risk of homelessness; and WHEREAS, Collier County Public Schools identified in 2006 -07, 540 students who were lacking a fixed, regular, and adequate nighttime residence; and WHEREAS, the intent of National Hunger and Homelessness Awareness Week is consistent with the activities of the Collier County Hunger and Homeless Coalition and local shelters, and WHEREAS, local organizations encourage businesses and their employees to donate their lunch money' in our Skip -A -Meal project during this week. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that November 11 -17, 2007, be designated as National Hunger and Homelessness Awareness Week DONE AND ORDERED THIS 13th Day of November, 2007 -d, ., - - PROCLAMATION / 4E WHEREAS, as an affiliate of the American Independent Business Alliance, members of Nap /es Originals, an association of 41 independent locally -owned and operated restaurants, are calling upon the citizens 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, on Saturday, November 17, 2007, the Naples Originals, along with independent retailers and owners of other locally -owned and operated businesses, ask the citizens of Collier County to shop only in locally -owned and operated businesses for the entire day; and WHEREAS, Collier County encourages ali of its citizens to unchain on November 17, 2007 and do any business they plan to do that day only at locally- owned, independent businesses thereby demonstrating that their personal spending 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 Irons /aces into increased economic impact for the Naples community; and WHEREAS, the Naples Orignals 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 d Collier County, which make our city a better place to live and a charming place to visit. NOW THEREFORE, be it p claimed by the Board of County Commissioners of Collier County, Florida, that November 17, 2007, be designated as Naples Unchained Day and call upon all our citizens to join us in supporting the independent locally owned and Operated businesses while putting more money back into the local economy and Preserving the uniqueness of Naples. DONE AND ORDERED THIS 131h Day of November, 2007 BOARD OF NTY COMMISSIONERS COLLj!P COON , FLORIDA ATTEST. OWI617T E. isROCK, CLERK 6 e- �� PRESENTATION TO COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR APPROVAL OF WILLOW WEST STORMWATER IMPROVEMENTS November 13, 2007 I want to thank the Commissioners for allowing me to come before you to discuss the Willow West Stormwater Improvement Project. We have two major concerns with what was approved at the March 27, 2007 meeting "with stipulations" and are hereby requesting reconsideration of that decision. Those two issues are smaller swales and using the already allocated county funding to pay for the culverts and driveways. Exhibit 1 A The original "retention" stormwater system was approved in 1989. Front swales were approved to be "V" bottom with 4:1 slopes verses what is now 6' bottoms with 3:1 slopes on the new plan. Rear swales were to be 7' bottom within 15' easements and 22' bottom within 30' easements with 4:1 slopes verses no inclusion of these rear swales in the current calculations. Exhibit 1 B Many of the rear swales are per the original plan and hold plenty of water for "retention" purposes, but approximately 40% of the 48 rear lots are filled in with dirt and /or infiltration systems. The new stormwater system which addresses retention and discharge of stormwater was designed to "make up" the loss of retention area, but fails to allow for other important considerations. The reasons you should approve a reduction in the front swales to four feet or less are: Exhibit 2A(1) A sidewalk was installed by Collier County Parks & Recreation on the south side of Mentor Drive. The park and the sidewalk were put in without approval from Willow West homeowners as per the Declaration of Covenants of Willow West, Section I, Lot Usage which states, "All Lots within the subdivision may only be used for single family residential purposes" (in relevant part). This sidewalk is not level and is mostly under water and a safety hazard. Much of the year it _. cannot even be used. 6C Exhibit 2A(2) This sidewalk is approximately 5 feet into the south side lots and will cause the swale center line to be that much farther into those lots. This means the homeowners on the south side of Mentor will lose 5 more feet of their yards. The swale size should compensate (be reduced) for this loss. In other words, we are requesting the swale should be less than 4 feet wide. Exhibit 2B The enormous size of these swales is for lots as large as those in Golden Gate Estates, not our neighborhood with approximately 80' x 120' lots. They should at least be in keeping with the surrounding neighborhood of Willoughby Acres, such as that of 95 Mentor. Exhibit 2C(1), (2), (3) Existing rear Swale retention is not being taken into account in the calculations. These areas that currently fully "retain" water can be used to reduce Swale sizes in front swales. Exhibit 2D -Hold to End 2D Finally, with such large holes in the front yards, we have a loss of use of the front yards and the property values will be reduced. This does not bode well as an additional reason for values to be reduced in this climate of falling prices and a large amount of inventory on the current market. Reduced property value will also diminish homeowner pride and the integrity of our community. The stipulations in the March 27, 2007 approval are that the homeowners were to set up a Property Owners Association or set up an MSTU to cover the culverts and driveways and address the rear lots. The Declaration of Protective Covenants of Willow West does not provide for an Association to be set up or collection of assessments without the 100% approval of all 48 owners and all lien holders. That is simply not possible. The MSTU is not reasonable as outlined as follows. There have been changes made to the original stormwater system over time due to various reasons and following are the reasons why the County should pay for culvert and driveway installations. End 2D 6C Exhibit 3A David Schmitt of Q. Grady Minor, the design professional on this project, stated in his August 27, 2007 memorandum to County Staff: "In many instances, the lots were not constructed with rear lot drainage swales, driveways were constructed with culverts and the culverts were set at higher elevations (generally closer to catch basin) top elevation of 12.15 rather than the desired 11.15 and the adjacent swale bottoms were set at 12.15. (In many cases, Collier County staff may have set culvert and swale elevations at those higher grades due to potential belief that the controlling elevations were the catch basin tops.)" Other examples of the changes made to the original stormwater plan are: Exhibit 313(1) 1. There were permits approved to allow homeowners to change the pre- existing inverted driveways to culverted driveways at the wrong elevations. 2. Permits were approved to allow homeowners to install infiltrator systems in their rear swales reducing the amount of water "retention'. Exhibit 313(2) 3. Homeowners filled in their front and rear swales without county approval and code enforcement has not been effective. Exhibit 3C(1) 4. Most importantly, in the last 1 -3 years, permitting and inspections of new homes failed to follow the original Developmental Plans and caused a complete failure of the original plan. Exhibit 3C(2) Furthermore, with the changes made to date, we have more of an ongoing failure of the new system unless the drives and culverts are addressed. The water will not flow up hill. All these problems have contributed over time to block water flow. David Schmitt agrees and states, "The result of mixed construction has been a stormwater system that does not function as it was originally designed." 6C 1 Exhibit 4A Therefore, these are the reasons why you should approve our request for making an exception to the County's policy for Willow West. The funds have been allocated for the project and you should approve the funds be used to finish the project to include reducing the size of the swales and include installing the culverts and driveways. As it stands right now, we have large 6' bottom and 22- 24' wide swales that will not allow any water to be discharged because the driveways are blocking the flow of water. They are holding large amounts of water which has become a public safety concern. Exhibit 413(l), (2), (3) On Johnnycake Drive, the owners have already paid for their driveways to be done and we are requesting reimbursement to those individuals as well. I also have other photos of the swales on Johnnycake Drive after one hour of rain and some other examples of what has been done. Please pass them between yourselves. Thank you for your time and I will be happy to entertain any questions at this time. • 3 • Li %M�A fir• _ � t� .s� � u ��• vim.. _ ' I tl� t , ,.f t t N .v✓ AN � '�� t �� lA'l��ua`�� &�• ar: `may �.L 3 ,.�.; �,�,..w €� $.��. � il��tYe a w+�Y4 w�mc G w t "w•'n�x �} r rp t N s 'r��y .',•�y F_- i^l M i y�gg4 S ,a fl 4 - �"4��'S4 1P R x }� } * 7r��t .. itd'e,L• °?ii` r x ^. �, s, ; ;�; .� .t t ,S . ( t wi ♦ • -) t � mai '•t �j t J et ta. }! 4 -.. ♦i1�?a / -�t L n 4� }a`4t .�I�iJ'"��•� Y f' Ma .r ~ .1 q i , r � , _ ��i �> � i d ay> f t ,.. n #'a � f`+Y ..'r `�' ✓t -s "iN1 BE - s � .. x - .. ay � ♦ o-3 x, .�, M .. L ° x �r C r -J - j r � � ° ° +� � .ice i i - ..? ,.. ♦ _ �. .s ' . .2._�: VL ik ILI ,f Y, y fffff! iv f t"� . �` � r i,+ .'��y• �,�",� tl'�. fr'� ;J,., } Vii; v � ,�+�{ �. � .r fi'�wis`>i i.i l4 rt a..¢?i s1 -t S�F:.JI .c ✓.a �.J v. :1} ti ./\ a r• i g + � a # i , y 3 � Il }f t a °+.sa2g- :mss-;. °.s �. .°�'.�:_....:,�. -• -.. ti -F ,r T� w..r •X, .. ` s ' t . • r .i ':f♦ r . IJ j��T `y"•` ':.Trr�" ��s�:r�' *•sY"".iw.ciz •� y �u _ �• '3w-°' mow' �d;;++l �-"E.e .:� }'r,� -+"! lS�r I `� ': 1' .. .. i 4 r' i H - _ 1 a *t� t • r *5r COLLIER COUNTY FLORIDA 88 REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) i! l4ilf{ 1t h4lit## i}*** ikkkk# kk4kkkt*#** kt k* kkkk}# ki4###* i#* kkki *kkk #tklfi *kkhk %kfik # { }f * * *kfifi 4k* *t *Mh Originating Dept/ Div: Comm.Dev.Serv./ Planning Person: Willie Brown, AICP V46 Date: 1k' i5 �p� Petition No. (If none, give brief description): PUDZ -A- 2006 -AR -9374, Naples Reserve Golf Club Petitioner: (Name & Address): RWA, Inc., Dwight Nadeau, 6610 Willow Park Drive, Ste. 200, Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Gulf Coast Dev. Group, LC, Anthony Salce, 515 Terracina Way, Naples, FL 34119 Hearing before BCC BZA Other Requested Hearing date: November 13, 2007 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: 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 PUD to PUD Rezone Amendment for project known as the Naples Reserve RPUD. This PUDZ -A proposes to add 612 units to the previously approved 552 units of the existing Naples Reserve Golf Club PUD, for a total of 1154 residential units. The subject property, consisting of 688.1 acres, is located one mile north of US 41 and 11/2 miles east of CR 951 at 10097 Greenway Road, in Section 1, Township 51 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113 - 138312- 649110 Reviewed by: Approved by: lO �S partment Head Date County Manager Date List Attachments: A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. Rffiffffif if* f# ff* ffffiR#* fff*# kk** f* ii** ii*** i## f*** f* i* *4ik*ff *h * * * *4f4iff *fff # *klif *ik4f* *#i # * # **# FOR CLERK'S OFFICE USE ONLY: Date Received: tf1/ 1 fyp-/—Date of Public hearing: f I Date Advertised: v D'� ORDINANCE NO. 07 -_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS THE NAPLES RESERVE GOLF CLUB RPUD BY ADDING 602 RESIDENTIAL DWELLING UNITS, FOR A TOTAL OF 1154 RESIDENTIAL UNITS, FOR PROPERTY LOCATED ONE MILE NORTH OF US 41 AND 1 1/2 MILES EAST OF COLLIER BOULEVARD (CR 951), IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 688+/ - ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99 -42, THE FORMER NAPLES RESERVE GOLF CLUB PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Ordinance No. 99112 establishing the Naples Reserve Golf Club PUD; and WHEREAS, by Resolution No. 04219, the Board of County Commissioners extended the PUD approval affecting Ordinance No. 99-42 until June 8, 2008; and WHEREAS, Dwight Nadeau of RWA, Inc., 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 ORDAINED BY THE BOARD OF COUNTY OF COLLIER COUNTY, 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 Planned Unit Development (PUD) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project known as Naples Reserve Golf Club RPUD in accordance with the Exhibits attached hereto as Exhibits A through F. The appropriate zoning atlas map or maps, as described in Ordinance Number 200441, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. Page 1 of 2 SECTION TW O: Ordinance Number 99 -42, known as the Naples Reserve Golf Club PUD, 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 effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK By. Deputy Clerk Approved as to form and legal sufficiency: �w.etlw`t I/ll I�/l/L.%111.IA /�[iO Marjo. Student - 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 Commitments BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLEITA, CHAIRMAN Page 2 of 2 COLLIER COUNTY FLORIDA t REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 8 B To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv./ Planning Person: Willie Brown, AICP V46 Date: 1011$ p� Petition No. (If none, give brief description): PUDZ -A- 2006 -AR -9374, Naples Reserve Golf Club Petitioner: (Name & Address): RWA, Inc., Dwight Nadeau, 6610 Willow Park Drive, Ste. 200, Naples, FL 34109 Name & Address of any persons) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Gulf Coast Dev. Group, LC, Anthony Salce, 515 Terracina Way, Naples, FL 34119 Hearing before BCC BZA Other Requested Hearing date: November 13 2007 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: 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 PUD to PUD Rezone Amendment for project known as the Naples Reserve RPUD. This PUDZ -A proposes to add 612 units to the previously approved 552 units of the existing Naples Reserve Golf Club PUD, for a total of 1154 residential units. The subject property, consisting of 688.1 acres, is located one mile north of US 41 and 1 1/2 miles east of CR 951 at 10097 Greenway Road, in Section 1, Township 51 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113- 138312- 649110 Reviewed by: �,� t� I * -�dR�l / / partment Head Date J List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: I 6S� ORDINANCE NO. 09- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004111, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS THE NAPLES RESERVE GOLF CLUB RPUD BY ADDING 602 RESIDENTIAL DWELLING UNITS, FOR A TOTAL OF 1154 RESIDENTIAL UNITS, FOR PROPERTY LOCATED ONE MILE NORTH OF US 41 AND 1 1/2 MILES EAST OF COLLIER BOULEVARD (CR 951), IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 688+/ - ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-42, THE FORMER NAPLES RESERVE GOLF CLUB PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Ordinance No. 99 -42 establishing the Naples Reserve Golf Club PUD; and WHEREAS, by Resolution No. 04 -219, the Board of County Commissioners extended the PUD approval affecting Ordinance No. 99112 until June 8, 2008; and WHEREAS, Dwight Nadeau of RWA, Inc., 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 ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 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 Planned Unit Development (PUD) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project known as Naples Reserve Golf Club RPUD in accordance with the Exhibits attached hereto as Exhibits A through F. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. Page 1 of 2 Ordinance Number 99-42, known as the Naples Reserve Golf Club PUD, adopted on June 8, 1999, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK LE Deputy Clerk Approved as to form and legal sufficiency: Ma,i e. t�l �ilDw �yt rlon M. Student- Stirling U 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 Commitments BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: JAMES COLETTA, CHAIRMAN Page 2 of 2 October 17, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ -A- 2006 -AR -9374, Naples Reserve Golf Club Dear Legals: Please advertise the above referenced notice on Sunday, October 28, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. /Account# 113 - 138312- 649110 • a NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, November 13, 2007, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS THE NAPLES RESERVE GOLF CLUB RPUD BY ADDING 602 RESIDENTIAL DWELLING UNITS, FOR A TOTAL OF 1154 RESIDENTIAL UNITS, FOR PROPERTY LOCATED ONE MILE NORTH OF US 41 AND 1 1/2 MILES EAST OF COLLIER BOULEVARD (CR 951), IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 688 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99 -42, THE FORMER NAPLES RESERVE GOLF CLUB PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition: PUDZ -A- 2006 -AR -9374, Naples Reserve, LLC, represented by Dwight Nadeau, of RWA, Inc., and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A. requesting a PUD to PUD Rezone Amendment for project known as the Naples Reserve RPUD. This PUDZ -A proposes to add 612 units to the previously approved 552 units of the existing Naples Reserve Golf Club PUD, for a total of 1154 residential units. The subject property, consisting of 688.1 acres, is located one mile north of US 41 and 1 1/2 miles east of CR 951 at 10097 Greenway Road, in Section 1, Township 51 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. • Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) D ll-ty of C011ler CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY �OURT OUSE Clerk of Courts 3301 TAMIAMI ]�1 AIL EAST P.O. BOA{ 413044`:, NAPLES, FLORIDA'�4101 -3044 s October 18, 2007 Rich Yovanovich Goodlette, Coleman and Johnson 4001 N. Tamiami Trail, Ste. 300 Naples, FL 34109 Re: Notice of Public Hearing to consider Petition PUDZ -A- 2006 -AR -9374: Naples Reserve Golf Club Dear Petitioner: • • Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 13, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 28, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Polaski, Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk (d)clerk.collier.fl.us Teresa L. Po To: legals @naplesnews.com Subject: P U DZ -A- 2006 -AR -9374 Attachments: PUDZ -A- 2006- AR- 9374.doc; PUDZ -A- 2006- AR- 9374.doc Legals, Please advertise the following on Sunday, October 28, 2007. Thank you Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239- 252 -8411 ( Tereso .Polaski@collierclerk.com) i roo PUDZ -A- 2006 -AR -9 PUDZ -A- 2006 -AR -9 374.doc (28 KB... 374.doc (29 KB... Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239- 252 -8411 ( Tereso .Polaski@collierclerk.com) i roo Teresa L. Polaski From: postmaster @collierclerk.com Sent: Thursday, October 18, 2007 8:42 AM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT02294.txt; PUDZ -A- 2006 -AR -9374 V r- I L ATT02294.t# (231 PUDZ -A- 2006 -AR -9 B) 374 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 PUDZ -A- 2006 -AR -9374 Teresa L. Polaski From: Ferrell, Pam [PPerrell @Naplesnews.com] Sent: Thursday, October 18, 2007 9:00 AM To: Teresa L. Polaski Subject: RE: PUDZ -A- 2006 -AR -9374 P]3 From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.com] Posted At: Thursday, October 18, 2007 8:42 AM Posted To: Legals - NDN Conversation: PUDZ -A- 2006 -AR -9374 Subject: PUDZ -A- 2006 -AR -9374 Legals, Please advertise the following on Sunday, October 28, 2007. Thank you «PUDZ -A- 2006- AR- 9374.doc>> «PUDZ -A- 2006- AR- 9374.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 (Tereso.PolaskiGco I lierclerk.com) 10/18/2007 Page 1 of 1 • h NAPLES DAILY NEWS vuoz -A• A Pnbfishcd Dailv CROO e Xttples_ FI_ 3110'_ Notice -hi hereby 9iKen Affidavit of Publication State of Florida County of Collier Before the undersigned Ihe% sane as (he author 11%. persoaalb appeared B Lamb, scho on oath sacs that the) scice as the Assivlaw Corporate Sccretaq of the Naplcs Daih a chile nclrspaper published at Naples. iu Collier Count!. Florida. rids. distributed in Collier and Lee counlics of Florida: that the attached role of' the adNcrtisin g. king a PUBLIC NOTICE III the nmller of PUBLIC NOTICF. ills published in said ncNIspaper ITimes in the issue on Octobci 2R''' 2007 VI, ,,I filnhcr s:n. Ihat the.aid Sardcs Dail, Sctcs is s net5apapu puMivhad n . in raid Col licr count_ Ito' da. and 111,11 tilt void nose ym per Las herehd.sc been aonGnuouvh puhL.vhod i,I .aid colli.r i. +unh_ I inch: dI'II IhIIICd In Colher :Iod 1 ee.ounGcs nl Florida. .odl Ilan nid has haul enlerd as reaond clues mail matter sl Ilia pnsl oilVao rn Aaples. nt acid Cnl Fier Cuunle Icon da. &s a period of I Ienr nr:J pre.niing the firV puhl"'It,on nl the alulched cope of ads iii�emenl and 01hant further aacs that he has neither paid nor prnnn.cd uric person. lirm or corp(ralion am daseounl, rchutc. amnmiaaion ,, rcfuud 1'), the PUTT,)" ,I ccu'ing Ihl, ad,citianatctll for puhlicalion in the m6.1 n�tl sp:rper._ f Sianatureofnff-mm) Sll orn to and subscribed before me This 2R' °_ WN of Oclober 2007 l��S' IY]S1 iSignatucofn. _. pub c) JUDY JANES Commission DD 675029 '' Expires May 16, 2011 ``, Ira BMW T. T, Fein lneweneBWte51019 ;y_257g;2- commence at 9:o0 -I The title of the p %N9sed DralnauI Is BORAARDD OFCCO N COMMISSIONERS COLLIER COON' FOR IDA _AMENDI NOTEi All Persohe Wish. Ino to speak n., . BOARD OF COUNTY COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIR. MAN DWIGHT E. BROCK.I CLERK X9 Teresa RoWAL Dep. atY Clerk Oct. 28 N0.1676906 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents arc to be forwarded to the Board Office only fe ter the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ex,e tinn nfthe Chairman's signature. draw a line throueh routine lines 41 through #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date I f e 51�.t�r CDe-S Applic able 2. Agenda Item Number $� Approved b the BCC 3. Type of Document 4. Number of Original l Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item ) Name of Primary Staff 2 We, e) Phone Number 213 _ X99 3 Contact n w r1 Initial Applic able Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number $� Approved b the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document p b Number of Original l Attached ce , r4w1 c e w r it h • ;} f Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applic able 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, n �1 resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike- through and revisions have been initialed by the County Attorney's W Pj Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. W 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. document was approved by the BCC on t i 6 (enter date) and all changes 1The made during the meeting have been incorporatea in the attached document. The W {>) County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ORDINANCE NO. 07- 71 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS THE NAPLES RESERVE GOLF CLUB RPUD BY ADDING 602 RESIDENTIAL DWELLING UNITS, FOR A TOTAL OF 1154 RESIDENTIAL UNITS, FOR PROPERTY LOCATED ONE MILE NORTH OF US 41 AND 1 1/2 MILES EAST OF COLLIER BOULEVARD (CR 951), IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 688+/ - ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99 -42, THE FORMER NAPLES RESERVE GOLF CLUB PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Ordinance No. 99 -42 establishing the Naples Reserve Golf Club PUD; and WHEREAS, by Resolution No. 04 -219, the Board of County Commissioners extended the PUD approval affecting Ordinance No. 99-42 until June 8, 2008; and WHEREAS, Dwight Nadeau of RWA, Inc., 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 ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 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 Planned Unit Development (PUD) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project known as Naples Reserve Golf Club RPUD in accordance with the Exhibits attached hereto as Exhibits A through F. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. Page 1 of 2 SECTION TWO: Ordinance Number 99 -42, known as the Naples Reserve Golf Club PUD, 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 effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this t3 day of Wb l e,"bD r , 2007. I3VIGHTFI 'f3K, CLERK Deputy Clerk AtLast..�Yto Chatruss s�f�n�xs,re on l . Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COU TY, F RIDA By: JAA16S COLETTA, CHAIRMAN A Marjor(JM. Student - Stirling U 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 Commitments Page 2 of 2 I Table I PROJECT LAND USE TRACTS TYPE UNITS/FT. TRACT "RG" RESIDENTIAL 1154 TRACT "RA" RECREATION AREA 0 TRACT "P" PRESERVE 0 TRACT RG PERMITTED USES: ACREAGE± 609.2 15.2 63.7 88 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: 1) 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) VilWpatio 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 — 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 administrative offices, which may occur in tesidential, and/or in temporary. 9) Any %they principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (i9BZA ") by the process outlined in the Land Development Code (LDC). A -1 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, but not limited to, private garages, swimming pools with, or without screened enclosures, gatehouses, and other outdoor recreation facilities; 2) Polling place if deemed warranted by the Supervisor of Elections. 11 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 following: A. Principal Uses Typically Accessory to Residential Development: 1) Structures intended to provide social and recreational space (private, intended for use by the residents and their guest only). 2) Outdoor recreation facilities, such as a community 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 LDC. 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 STANDARDS 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 LDC and Growth 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 preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. A -2 80 1� 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, and/or homeowners' association boundaries shall not be utilized for determining 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 within the Residential PUD 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 LDC provisions from Section 5.06.02.A.6. are applicable for off - premise signage. A -3 8B EXHIBIT B TABLE 1 RESIDENTIAL DEVELOPMENT STANDARDS R V YOFMENiS JCtij` 'x A�VAI Y SINGLE FAMILY RATI1 HOME l�UIT, CFII FY0U3C/ - AT�C►D4 VILLAS 1AAAILY itREATItBTI• 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. � GIP�[L STRlJ r1�S`1,1�5` ,* s s 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. SIDE UNIT UNIT UNIT UNIT Yz BH MAXIMUM LOT AREA 1 Acre N/A N/A N/A N/A MINIMUM LOT WIDTH 40 FEET 25 FEET 25 FEET 25 FEET N/A MINIMUM FLOOR AREA 1,000 S.F 1,000 S.F 1,000 S.F 1,000 S.F. /D.U. N/A MIN FRONT YARD 20 FEET 20 FEET 20 FEET 20 FEET N/A MIN SIDE YARD 6 FEET 0 FEET or 3 FEET or GREATER OF 10 N/A MAX. BUILDING HEIGHT NOT 35 FEET 6 FEET 9 FEET FEET OR r/] BH 40 FEET MIN REAR YARD 15 FEET 15 FEET 15 FEET 15 FEET N/A MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET - 25 FEET MIN. DISTANCE BETWEEN 12 FEET 12 FEET 12 FEET GREATER OF 20 N/A STRUCTURES FEET OR r/3 THE SUM OF BH MAX. BUILDING HEIGHT NOT 35 FEET 40 FEET 35 FEET 65 FEET 50 FEET TO EXCEED ACTUAL S.P.S. = Same as Principal Structures BH = Building Height — unless otherwise noted, all building heights shall be "zoned" building heights, as defined in the LDC. low s FRONT S.P.S. S.P.S. S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S. S.P.S. S.P.S. Yz BH REAR (ATTACHED) 5 FEET 5 FEET 5 FEET 5 FEET 10 FEET DETACHED 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DISTANCE 12 FEET 12 FEET 12 FEET 12 FEET Greater of 15 BETWEEN STRUCTURES feet or 1/2 BH MAX. BUILDING HEIGHT NOT 35 FEET 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 shall be "zoned" building heights, as defined in the LDC. low PROF Ui • ■ • N Notes: 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 when 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, 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 lesser height as long as a minimum 15 foot building wall setback is provided as depicted in Figure 1 below. 5) Entrance features (i.e.: monumentation, 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 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. M 88 EXHIBIT C MASTER PLAN 88 K EXHIBIT D Legal Description All of Section 1, Township 51 South, Range 26 East, Collier County, Florida R 1 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC 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.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 -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 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. Deviation #2 seeks relief from Section III, Exhibit "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 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 terrain 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. 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.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., 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. To do so could result in monotonous tract housing reminiscent of the "new town" movement after the end of the World War II. This deviation is appropriate, and does not negatively affect the health and safety, nor welfare of the future residents of the 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. that limits the total number of model homes in a single development to five. E -1 • M IN Deviation #4 seeks relief from Section III, Exhibit "A ", Design Requirements of Subdivisions C. 131 of 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 RFUD may have cut -de -sacs with lengths greater than 1000 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 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 COMMITMENTS 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 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. B. Access Points 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 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. C. Site - related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to 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 County rights -of -way or easement(s), then compensating right -of -way shall be provided at no cost to Collier County as a consequence of such improvement(s) upon final approval of the turn 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 writing, 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 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 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 first CO. F -1 .� I G. The RPUD Master 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 permit 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 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 within the RPUD boundary for treatment/retention of stone water from the 100 foot reservation area. 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 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 submittal, the developer shall provide the 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 the test well is constructed in accordance with the 50 foot 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. 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 MM• t t PLANNING A. One TDR 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 the Agricultural/Rural - 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 County and the Developer of the Naples Reserve RPUD have cooperated to address affordable housing impacts associated with the Naples Reserve RPUD. The following financial contribution shall be paid by the developer, or its successors and assigns, to the Collier County Affordable Housing Trust Fund. 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 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 Humanity's road impact fees are applied pursuant to the DCA. 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 affordable or workforce housing. 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 shall be designed to fully contain the 100- year /72- 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). PARKS AND RECREATION The County and the developer will use their best efforts to determine with the US Army Corps of Engineers the correct acreage for mitigation set forth in Permit Number 199900619(IP -SB) so as to be able to remove the approximate 20 acres not needed for the mitigation area from this permit. The referenced Corps permit will not be modified to exclude the surplus off -site mitigation acreage. This area shall be conveyed to Collier County in fee simple for a County park. This conveyance shall be made to the County upon satisfactory resolution of the Corps off -site mitigation acreage issue. F -3 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: 2007 -71 • r LP r Which was adopted by the Board of County Commissioners on the 13th day of November, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of November, 2007. DWIGHT E. BROCK Clerk of Courts and. -Clerk Ex- officio to Board of County Commissioners By: Ann Jennejohn, Deputy Clerk , 8 c tv.,:J COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv. /Planning Person: Willie Brown, AICP 05 Date: iottsla� Petition No. (If none, give brief description): PUDA - 2006 -AR- 10333, Lely Resort Phase I, Tract 4 Petitioner: (Name & Address): Rich Yovanovich, Goodlette, Coleman and Johnson, 4001 N. Tamiami Trail, Ste. 300; Naples, FL 34103; Chris Mitchell, 10641 Airport Rd. N., Ste. 32, Naples, FL 34109 Name & Address of any persons) to be notified by Clerk's Office: (If more space is needed, attach separate shcet) Stock Development, LLC, A Fla. Limited Liability Co., 4501 Tamiami Trail, Ste. 300, Naples, FL 34103 Hearing before BCC BZA Other Requested Hearing date: November 13, 2007 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition 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 amending Ordinance Number 92 -15, which re- established 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 permitted use on the C -2 parcel fronting US -41; Section 5.03 entitled "DEVELOPMENT STANDARDS" 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, the PUD Master Plan; and providing an effective date. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113 - 138312 - 649110 Reviewed by: � �_4_i -i 1b/.7 Department Head Date List Attachments: Approved by: County Manager Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: �1Q Date Received:1�Date of Public hearing: + I Date Advertised: -1-00's U f 8n ORDINANCE NO. 07-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 92 -15, AS AMENDED, WHICH RE- ESTABLISHED LELY, A RESORT COMMUNITY PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING SECTION 2.07 ENTITLED "PERMITTED VARIATIONS OF DWELLING UNITS" TO CHANGE VARIATION STANDARDS AND SECTION 5.02 ENTITLED "PERMITTED USES AND STRUCTURES" TO ALLOW MIXED -USE DEVELOPMENT AS A PERMITTED USE ON THE C -2 PARCEL FRONTING U.S. 41; AMENDING EXHIBIT H, THE PUD MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 10, 1992, the Board of County Commissioners approved Ordinance Number 92 -15, which re- established Lely, A Resort Community Planned Unit 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 order to correct a scrivener's error; and WHEREAS, Richard D. Yovanovich, Esq., representing Stock Development, LLC, petitioned the Board of County Commissioners to amend Ordinance Number 92 -15, as amended, for Lely, A Resort Community Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO PERMITTED VARIATIONS OF DWELLING UNITS SECTION Section 2.07 entitled "Permitted Variations of Dwelling Units" of Ordinance Number 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 under Section 2.04 2.05, provided that the total number of dwelling units shall not exceed 10,150. The Development Services Director shall be notified 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 been planned. Variations from these numbers without an adjustment to the maximum number of units within the project shall be permitted provided that the maximum number of dwelling units by type shall not vary by more than twenty (20) percent. The maximum number of dwelling units shall include all caretaker's units but does not include the designated hotel rooms. The project Page 1 of 3 Words underline d are additions; words strdek Lima gh are deletions. I 8C SECTION TWO: AMENDMENTS TO PERMITTED USES AND STRUCTURES SECTION Section 5.02 entitled "Permitted Uses and Structures" of Ordinance Number 92 -15, as amended, (Lely, A Resort Community, Planned 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. Permitted 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 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) project. 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) Accessory uses and structures customarily associated with uses permitted in this district. 2) Caretaker's residence. Page 2 of 3 Words underlined are additions; words swaelE- thmugh are deletions. LOON SECTION THREE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: i KRI.Ia�F.erJ� Q Mazjotij! M. Student- Snrling�- Assistant County Attorney Page 3 of 3 Words underlined are additions; words swuek tlffeugh are deletions. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ^ To: Clerk to the Board: Please place the following as a: i8 Cj XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) * kk***** k***** k***** k*** kk* k**** k*** k************** k**** k**** k******1*-*�% * * * * *k * *kk * * *k * * * *kk * * * * * *k * * *k Originating Dept/ Div: Comm.Dev.Serv./ Planning Person: Willie Brown, AICP Y" Date: tO�t$la� Petition No. (If none, give brief description): PUDA- 2006 -AR- 10333, Lely Resort Phase 1, Tract 4 Petitioner: (Name & Address): Rich Yovanovich, Goodlette, Coleman and Johnson, 4001 N. Tamiami Trail, Ste. 300; Naples, FL 34103; Chris Mitchell, 10641 Airport Rd. N., Ste. 32, Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Stock Development, LLC, A Fla. Limited Liability Co., 4501 Tamiami Trail, Ste. 300, Naples, FL 34103 Hearing before BCC BZA Other Requested Hearing date: November 13 2007 Based on advertisement appearing 15 days before hearing Newspaper(s) to be used: (Complete only if important) XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Si,,: Petition 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 I Tract 4 only. The amendment proposes amending Ordinance Number 92 -15, which re- established 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 permitted use on the C -2 parcel fronting US -41; Section 5.03 entitled "DEVELOPMENT STANDARDS" 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, the PUD Master Plan; and providing an effective date. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113 - 138312 - 649110 Reviewed by: Approved by: Department Head Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: • ORDINANCE NO. 07- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 92 -15, AS AMENDED, WHICH RE- ESTABLISHED LELY, A RESORT COMMUNITY PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING SECTION 2.07 ENTITLED "PERMITTED VARIATIONS OF DWELLING UNITS" TO CHANGE VARIATION STANDARDS AND SECTION 5.02 ENTITLED "PERMITTED USES AND STRUCTURES" TO ALLOW MIXED -USE DEVELOPMENT AS A PERMITTED USE ON THE C -2 PARCEL FRONTING U.S. 41; AMENDING EXHIBIT H, THE PUD MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 10, 1992, the Board of County Commissioners approved Ordinance Number 92 -15, which re- established Lely, A Resort Community Planned Unit 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 order to correct a scrivener's error; and WHEREAS, Richard D. Yovanovich, Esq., representing Stock Development, LLC, petitioned the Board of County Commissioners to amend Ordinance Number 92 -15, as amended, for Lely, A Resort Community Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO PERMITTED VARIATIONS OF DWELLING UNITS SECTION Section 2.07 entitled "Permitted Variations of Dwelling Units" of Ordinance Number 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 under Section 2-.94 2.05, provided that the total number of dwelling units shall not exceed 10,150. The Development Services Director shall be notified in °ees -rd nne °atw e1.,Afl..i 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 been planned. Variations from these numbers without an adjustment to the maximum number of units within the project shall be permitted provided that the maximum number of dwelling units by type shall not vary by more than twenty (20) percent. The maximum number of dwelling units shall include all caretaker's units but does not include the designated hotel rooms. The project may exceed the variation of twenty (20) percent of the unit types set forth in this section provided that for every single family unit permitted in excess of 2220, the maximum number of dwelling units shall be reduced by 1.667 units. Page 1 of 3 Words underlined are additions; words stnaek tkexglt are deletions. M• SECTION TWO: AMENDMENTS TO PERMITTED USES AND STRUCTURES SECTION Section 5.02 entitled "Permitted Uses and Structures" of Ordinance Number 92 -15, as amended, (Lely, A Resort Community, Planned 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. Permitted 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 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 may be developed allowing C -2 and/or C -3 uses, as outlined in Section V and Section VI of Ordinance Number 92 -15, as amended, and up to 270 residential dwelling units to provide for a mixed -use project. 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) Accessory uses and structures customarily associated with uses permitted in this district. 2) Caretaker's residence. Page 2 of 3 Words underlined are additions; words stfaek thfatt are deletions. s SECTION THREE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this day of 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Lm Approved as to form and legal sufficiency: By: , Deputy Clerk JAMES COLETTA, CHAIRMAN nwll tl..LI IA�CJ(.R/� �(.Yrt.��ry Marjo M. Student - Stirling Q Assistant County Attorney Page 3 of 3 Words underlined are additions; words str ,a through are deletions. CAM October 17, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition PUDA- 2006 -AR- 10333, Lely Resort Phase 1, Tract 4 Dear Legals: Please advertise the above referenced petition on Sunday, October 28, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk Enclosure Charge to: 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, November 13, 2007, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 92 -15, AS AMENDED, WHICH RE- ESTABLISHED LELY, A RESORT COMMUNITY PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING SECTION 2.07 ENTITLED "PERMITTED VARIATIONS OF DWELLING UNITS" TO CHANGE VARIATION STANDARDS AND SECTION 5.02 ENTITLED "PERMITTED USES AND STRUCTURES" TO ALLOW MIXED -USE DEVELOPMENT AS A PERMITTED USE ON THE C -2 PARCEL FRONTING U.S. 41; AMENDING EXHIBIT H, THE PUD MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. Petition 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 amending Ordinance Number 92 -15, which re- established 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 permitted use on the C -2 parcel fronting US -41; Section 5.03 entitled " DEVELOPMENT STANDARDS" 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, the PUD Master Plan; and providing an effective date. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. • Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) - C -ounty of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY �OURT OUSE Clerk of Courts 3301 TAMIAMI T`[Z,AIL EAST P.O. BOX 413044, NAPLES, FLORIDA'�4101 -3044 October 17, 2007 Stock Development, LLC A Fla. Limited Liability Co. 4501 Tamiami Trail, Ste 300 Naples, FL 34103 8C Clerk of Courts Accountant Auditor Custodian of County Funds RE: Notice of intent to consider an Ordinance: PUDA- 2006 -AR- 10333, Lely Resort Phase 1, Tract 4 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 13, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 28, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Polaski, Deputy Clerk Enclosure Phone - (239)732 -2646 Fax - (239)775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk (ii,clerk.collier.fl.us bounty of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY { OURTUOUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044`, NAPLES, FLORIDA 34101-3044 October 17, 2007 Chris Mitchell 10641 Airport Road N., Ste 32 Naples, FL 34109 �a Clerk of Courts Accountant Auditor Custodian of County Funds RE: Notice of intent to consider an Ordinance: PUDA- 2006 -AR- 10333, Lely Resort Phase 1, Tract 4 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 13, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 28, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Polaski, Deputy Clerk Enclosure Phone - (239)732 -2646 Fax - (239)775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk Cauclerk.collier.fl.us -County of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURT OUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044, NAPLES, FLORIDA`�4101 -3044 October 17, 2007 Rich Yovanovich Goodlette, Coleman and Johnson 4001 N. Tamiami Trail, Ste 300 Naples, FL 34103 Clerk of Courts Accountant Auditor Custodian of County Funds RE: Notice of intent to consider an Ordinance: PUDA- 2006 -AR- 10333, Lely Resort Phase 1, Tract 4 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 13, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 28, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Polaski, Deputy Clerk Enclosure Phone - (239)732 -2646 Fax - (239)775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk (a)clerk.collier.fl.us Teresa L. Polaski To: legals @naplesnews.com Subject: PU DA- 2006 -AR -10333 Attachments: PUDA- 2006- AR- 10333.doc; PUDA - 2006- AR- 10333.dot Legals, Please advertise the following on Sunday October 28, 2007. Thank you Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 ( Teresa .Polaski @co I I ierclerk.com) 1 v A PUDA- 2006 -AR -103 PUDA- 2006 -AR -103 33.doc (28 KB)... 33.dot (31 KB)... Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 ( Teresa .Polaski @co I I ierclerk.com) 1 v Teresa L. Polaski 8C From: postmaster @collierclerk.com Sent: Wednesday, October 17, 2007 4:10 PM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT518902.txt; PUDA- 2006 -AR -10333 El ATr518902.txt PUDA- 2006 -AR -103 (231B) 33 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested . delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 PUDA- 2006 -AR -10333 Page 1 of 1 1 8 Ll Teresa L. Polaski From: Riley, Becky [BRiley @Naplesnews.com] Sent: Wednesday, October 17, 2007 4:19 PM To: Teresa L. Polaski Subject: RE: PUDA- 2006 -AR -10333 ok From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.com] Posted At: Wednesday, October 17, 2007 4:10 PM Posted To: Legals - NDN Conversation: PUDA- 2006 -AR -10333 Subject: PUDA - 2006 -AR -10333 Legals, Please advertise the following on Sunday October 28, 2007. Thank you «PUDA- 2006- AR- 10333.doc>> «PUDA- 2006- AR- 10333.dot>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 (Teresa.Polaski @co I I ierclerk.com) 10/17/2007 NAPLES DAILY NEWS Published Daily \aplcs_ FL 3411)2 Affidavit of Publication State of Florida County of Collier Before the tiudcrsigncd the) scrx c as the aulhorit%. personalh appeared B Lamb. echo on oath s:ns that the) scrcc as the Assistant Corporate Secretan of the Naplcs Daih. a &dx newspaper published at Naples- in Collicr Counq. Florida, distributed in Collier and Lee counties of Florida: that file auached cop% of the adcorlising. beiug a Pt BLIC NOTICF. III the madder of PLI3LIC NOTICE vcas published in said ncvcspaper Itinles in the issue on October 28"',-1007 \I 11,1111 ihrihcr sacs Ihal [ho said Naplcs Dmik Nc11e In a ner, spaitcl pibl6hed aI Nat'l,, I "'aid Col tier Counic. I lot"i" and Thal the said naI,yapar has her'Io I,,, 'e hren eonlinu o1) sh published I I said Col tier I ..0 Ill ._ ;Ill 111,1, dl It I b111altt i n C o l lie And l 11101111[11' o l d lotira, dA: and has bean : 11, red as second cuss "tail stall ar at the post r ( unr;. I I "I I1 ror a period or I 1) 11 h IIAA1loll 11 I lh ettached cope of If III I I I q I I 1 1 .than Iwth C 1 asyllmtII I IrIs ntiihlI paid nor 1" )1,, mod Al" pc,on. Him )r aorpontllon anN dlscouN. r ebate. I nunis:=fo111111 IfLIlld for the Pugtoc ar"c,' ing this adclrtlsanxnt for I Stenaturcofalllnut) SVv orn to and subscribed be[ f ore me This 28" Dac of Oclobcr 2007 (Clgnalu c ornol, publi JUDYJANES Commission DD 675029 " Expires May 16, 2011 �Y 9 dw lhr� Try Fir lmu2n.n 8W M57019 ft'.I s9- 2�78z27 �a of dtt paNea�. �to'Iar%a�d. Ir of rift 7 to be 1111& to =1 an � m an� Gomn�wl group k p��jfxkF boyrp0n ChalrtMy e lGrtt�AfNat0lf b... a�iMRallf. rlraY be cc cwun° tvlpm o its A =Clerk Star'" E� 29__ Nn rye ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP V C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routine, lines #I through #4, complete the checklist, and forward to Sue Filson (line 45). Route to Addressee(s) (List in routing order) Office Initials Date 1 C YV— N 6 2. -1 Agenda Item Number 3. 3 - 0 �G 4. Or(� : Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff �` Phone Number I Z 3 - Z 9 cI 3 Contact W �w (Initial) Applicable) Agenda Date Item was -1 Agenda Item Number Approve by the BCC 3 - 0 �G Type of Document Or(� : Number of Original Attached rvav C er Documents Attached INSTRUCTIONS & CHECKLIST 1; Forms/ County Forms! BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not app riate. (Initial) Applicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, 1. c V� resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's R (3 Office and all other parties except the BCC Chairman and the Clerk to the Board W 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 1%l-y� Jbrj (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1; Forms/ County Forms! BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ORDINANCE NO. 07- 72 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 92 -15, AS AMENDED, WHICH RE- ESTABLISHED 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 MIXED -USE DEVELOPMENT (INCLUDING C -2 AND /OR C -3 USES AND UP TO 175 RESIDENTIAL DWELLING UNITS) AS A PERMITTED USE ON THE C -2 PARCEL FRONTING U.S. 41 AND TO CHANGE THE COMPARABLE USE PROVISION TO REQUIRE A DETERMINATION BY THE BOARD OF ZONING APPEALS INSTEAD OF THE DEVELOPMENT SERVICES DIRECTOR; SECTION 5.03 ENTITLED "DEVELOPMENT STANDARDS" TO ADD SQUARE FOOTAGE REQUIREMENTS FOR C -2 AND C -3 USES AND TO ADD OPERATIONAL RESTRICTIONS FOR RESTAURANTS 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, THE PUD MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 10, 1992, the Board of County Commissioners approved Ordinance Number 92 -15, which re- established Lely, A Resort Community Planned Unit 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 order to correct a scrivener's error; and WHEREAS, Richard D. Yovanovich, Esq., representing Stock Development, LLC, petitioned the Board of County Commissioners to amend Ordinance Number 92 -15, as amended, for Lely, A Resort Community Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO PERMITTED VARIATIONS OF DWELLING UNITS SECTION Section 2.07 entitled "Permitted Variations of Dwelling Units" of Ordinance Number 92- 15, as amended, (the Lely, A Resort Community, Planned Unit Development) is hereby amended to read as follows: Page I of 4 Words underlined are additions; words stfeek thfeugh are deletions. rAM • All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned under Section 2:94 2.05, provided that the total number of dwelling units shall not exceed 10,150. The Development Services Director shall be notified :n ,.,.,.,...,,,. ^P_° Y0411 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 been planned. Variations from these numbers without an adjustment to the maximum number of units within the project shall be permitted provided that the maximum number of dwelling units by type shall not vary by more than twenty (20) percent. The maximum number of dwelling units shall include all caretaker's units but does not include the designated hotel rooms. The project may exceed the variation of twenty (20) percent of the unit types set forth in this section provided that for every single family unit permitted in excess of 2220, the maximum number of dwelling units shall be reduced by 1.667 units. SECTION TWO: AMENDMENTS TO PERMITTED USES AND STRUCTURES SECTION Section 5.02 entitled "Permitted Uses and Structures" of Ordinance Number 92 -15, as amended, (Lely, A Resort Community, Planned 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. Permitted Principal Uses and Structures: l) 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 No product is manufactured or sold, except incidental to development activities. 9) Transportation; communication and utility offices — not including storage or equipment. Page 2 of 4 Words underlined are additions; words stpa 'eugh are deletions. �et 10) Water management facilities and essential services. 11) The C -2 parcel fronting U.S. 41 may be developed allowing C -2 and /or C -3 uses, as outlined in Section V and Section VI of Ordinance Number 92 -15, as amended, and up to 175 residential dwelling units to provide for a mixed -use rroJect. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Develepment Sefyiees Difeetef Board of Zoning Appeals determines to be compatible 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: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION Section 5.03 entitled "Development Standards" of Ordinance Number 92 -15, as amended, (Lely, A Resort Community, Planned Unit Development) is hereby amended to read as follows: 5.03 Development 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 from parcel boundaries: Thirty (30) feet 4) Maximum Height of Structures: Fifty (50) feet above the finished grade of the site, plus ten (10) feet for under building parking. 5) Minimum Floor Area of Principal Structures: One thousand ('1,000) square feet per building on ground floor. 6) Minimum Distance Between Principal Structures: 30' or 1/2 the sum of the building heights, whichever is greater. 7) Minimum standards for signs, parking, lighting, and landscaping shall conform with applicable Collier County Regulations is effect at the time permits are sought. 8) The area of the C -2 and C -3 uses referenced in Paragraph 5.02 A. 11) above shall be limited to a maximum 100.000 square feet in the aggregate. 9) The area of each, individual C -2 and C -3 use referenced in Paragraph 5.02 A. 11) above shall be limited to 20.000 square feet, except for food stores. Any restaurant uses permitted by or associated with any use permitted by either the C -2 or C -3 land use designations of this Ordinance, only if those uses are located on the C -2 parcel fronting U.S. 41, shall be subject to the following additional regulations: a) No televisions shall be permitted in outdoor seating areas. Page 3 of 4 Words underlined are additions; words stpdek through are deletions. • • b) No amplified sounds, including music, shall be permitted in outdoor seating areas after 10:00 p.m. c) No live entertainment shall be permitted in outdoor seating areas after 10:00 pm. d) All windows and doors shall be closed after 10:00 pm. 11) The 175 residential dwelling units and C -3 uses referenced in paragraph 5.02 A. 11) above shall be subject to the C -2, Commercial /Professional development standards set forth in this Paragraph (Paragraph 5.03). SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this day of is 2007. ATTEST;,,,,,,,, BOARD OF COUNTY COMMISSIONERS CLERK Deputy Clerk '. Atteit - �.tt,'�d Ctie l ran s Approved a to form and legal sufficiency: COLLIER COUNTY, FLORIDA 7 By: JAMES COLETTA, CHAIRMAN MarjorWM. Student - Stirling (J Assistant County Attorney Page 4 of 4 Words underlined are additions; words straek thfaugh are deletions. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007 -72 8C iS Which was adopted by the Board of County Commissioners on the 13th day of November, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of November, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of Couunt�y� �Commissioners A By: Ann Jennejohn, Deputy Clerk • COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) # #R # * *t Originating Dept/ Div; Comm.Dev.Serv. /Planning Person: Melissa Zone Date: Petition No. (If none, give brief description): Petition No. PUDZ- 2006 -AR- 77 ella Rosa RPUD Petitioner: (Name & Address): Davidson Engineering, Tim Hancock, 154 Trade Center Way, Suite 300, Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: November 13, 2007 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ- 2006 -AR -9577. Page VI, LLC, represented by Tim Hancock, of Davidson Engineering, Inc., is requesting a PUD Rezone for the Della Rosa RPUD. The rezoning request is to rezone from A (Agriculture) zoning district to the RPUD (Residential Planned Unit Development) 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 3 additional units an acre. The RPUD meets those requirements and is requesting a density of up to 7 units an acre, for a total maximum of 107 residential dwelling units. The subject property, consisting of 15.38 acres, 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. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113- 138312 - 649110 Reviewed by: Deputment Head Date List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCTIOIIVS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involvedjbe sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: y {1 Date Received: Date of Public hearing: I � X1,31 sr.rt � Date Advertised: fl O I V 18 ORDINANCE NO. 07- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES. THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN "A" AGRICULTURE ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO BE KNOWN AS THE DELLA ROSA RPUD. THE PROPERTY IS LOCATED EAST OF LIVINGSTON .ROAD' (CR 881), APROXIMATELY TWO MILES NORTH OF IMT40KALFE ROAD (CR 846), IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.38 + /- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Tim Hancock, AICP, of Davidson Engineering, Inc., representing Page VI, LLC, 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 OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 13, Township 48 South, Range 25 East, Collier County, Florida, is changed from an "A" Agriculture Zoning District to a Residential Planned Unit Development (RPUD) Zoning District to be known as the Della Rosa RPUD in accordance with the RPUD Document attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004- 41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State., Page I of 2 PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2007. ATTEST: BOARD OF COUNTY COMMISSION DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA M Approved as to form and legal sufficiency: BY: Deputy Clerk JAMES COLETTA, CHAIRMAN Marjorie M. Student - Stirling Assistant County Attorney Page 2 of 2 , N COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv. /Planning Person: Melissa Zone Petition No. (If none, give brief description): Petition No. PUDZ- 2006 -AR- 77 ella Rosa RPUD Petitioner: (Name & Address): Davidson Engineering, Tim Hancock, 154 Trade Center Way, Suite 300, Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: November 13 2007 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ- 2006 -AR -9577 Page VI, LLC, represented by Tim Hancock, of Davidson Engineering, Inc., is requesting a PUD Rezone for the Della Rosa RPUD. The rezoning request is to rezone from A (Agriculture) zoning district to the RPUD (Residential Planned Unit Development) 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 3 additional units an acre. The RPUD meets those requirements and is requesting a density of up to 7 units an acre, for a total maximum of 107 residential dwelling units. The subject property, consisting of 15.38 acres, 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. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113- 138312 - 649110 Reviewed by: Approved by: DelArtment Head Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. xxxxxxxxxxxxxxxxxxxxxx* xxxxxxxxxxxxxxxxxxxx* xxxxxxxxxxxxxxxxkkxxkkxxxxxxkxxx * *xxkkx * *xxkkxxxxxxxxxxkx FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: L' • ORDINANCE NO. 07- AN ORDINANCE OF THE;BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED,` -THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN "A" AGRICULTURE ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO BE KNOWN AS TIE DELLA ROSA RPUD. THE PROPERTY IS LOCATED EAST OF LIVINGSTON .ROAD' (CR 881), APROXIMATELY TWO MILES NORTH OF IMMOKALEE ROAD (CR 846), IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.38 + /- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Tim Hancock, AICP, of Davidson Engineering, Inc., representing Page VI, LLC, 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, that: SECTION ONE: The zoning classification of the herein described real property located in Section 13, Township 48 South, Range 25 East, Collier County, Florida, is changed from an "A" Agriculture Zoning District to a Residential Planned Unit Development (RPUD) Zoning District to be known as the Della Rosa RPUD in accordance with the RPUD Document attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004- 41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of Stater Page 1 of 2 PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA m Approved as to form and legal sufficiency: By: Deputy Clerk JAMES COLETTA, CHAIRMAN Marjorie M. Student - Stirling Assistant County Attorney Page 2 of 2 w • October 17, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ- 2006 -AR -9577; Della Rosa RPUD Dear Legals: Please advertise the above referenced notice on Sunday, October 28, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. /Account # 131 - 138312 - 649110 • NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, November 13, 2007, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN "A" AGRICULTURE ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO BE KNOWN AS THE DELLA ROSA RPUD. THE PROPERTY IS LOCATED EAST OF LIVINGSTON ROAD (CR 881), APPROXIMATELY TWO MILES NORTH OF IMMOKALEE ROAD (CR 846), IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.38 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. PUDZ- 2006 -AR -9577, Page VI, LLC, represented by Tim Hancock, of Davidson Engineering, Inc., is requesting a PUD Rezone for the Della Rosa RPUD. The rezoning request is to rezone from A (Agriculture) zoning district to the RPUD (Residential Planned Unit Development) 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 3 additional units an acre. The RPUD meets those requirements and is requesting density of up to 7 units an acre, for a total maximum of 107 residential dwelling units. The subject property, consisting of 15.38 acres, 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. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA James Coletta, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) -e-ounty of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY (OURT�OUSE Clerk of Courts 3301 TAMIAMI RAIL EAST P.O. BOX 413044, NAPLES, FLORIDA'�4101 -3044 October 17, 2007 Davidson Engineering Tim Hancock 154 Trade Center Way, Suite 300 Naples, FL 34109 Re: Notice of Public Hearing to consider Petition PUDZ- 2006 -AR -9577; Della Rosa RPUD Dear Petitioner: 8 D" Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 13, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 28, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eresa Polaski, Deputy Clerk Enclosure Phone - (239)732 -2646 Fax - (239)775 -2755 Website- www.clerk.collier.fl.us Email- collierclerka),clerk .collier.fl.us 1,8 p Teresa L. Polaski To: legals @naplesnews.com Subject: P U DZ- 2006 -AR -9577 Attachments: PUDZ- 2006- AR- 9577.doc; PUDZ -- 2006- AR- 9577.doc Legals, Please advertise the following on Sunday October 28, 2007. Thank you 0-1 0] PUDZ- 2006 -AR -957 PUDZ -- 2006 -AR -95 7.doc (28 KB) 77.doc (29 KB)... Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 (Teresa.Polaski @col lierc lerk.com) 1 8D Teresa L. Polaski From: postmaster @collierclerk.com Sent: Wednesday, October 17, 2007 4:36 PM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT519536.txt; PUDZ - 2006 -AR -9577 E+ ILI AT519536.bd PUDZ- 2006 -AR -957 (231B) 7 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through 94 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exrentinn nfthe Chairman's sienature_ draw a line through routine lines # I through #4, comolele the checklist and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1.Judy Puig CDES Administration (Initial) Applic able) 2. November 13, 2007 Agenda Item Number 8 D 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed R3 4. Ordinance with PUD Document (AR -9577) Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Melissa Zone, Principal Planner Phone Number 213 -2958 Contact appropriate. (Initial) Applic able) Agenda Date Item was November 13, 2007 Agenda Item Number 8 D Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed R3 Type of Document Ordinance with PUD Document (AR -9577) Number of Original 1 Attached — 3 Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed R3 by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the V document or the final negotiated contract date whichever is applic able. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 61 1 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Me ORDINANCE NO. 07- 73 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN "A" AGRICULTURE ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO BE KNOWN AS THE DELLA ROSA RPUD. THE PROPERTY IS LOCATED EAST OF LIVINGSTON ROAD (CR 881), APROXIMATELY TWO MILES NORTH OF IMMOKALEE ROAD (CR 846), IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.38 + /- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Tim Hancock, AICP, of Davidson Engineering, Inc., representing Page VI, LLC, 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, that: SECTION ONE: The zoning classification of the herein described real property located in Section 13, Township 48 South, Range 25 East, Collier County, Florida, is changed from an "A" Agriculture Zoning District to a Residential Planned Unit Development (RPUD) Zoning District to be known as the Della Rosa RPUD in accordance with the RPUD Document attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004- 41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Page 1 of 2 MM PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this 13 day of Aleyem b e_f , 2007. ATTFtS r IJVVIGFIT : ?BR.00K, CLERK Deputy Clerk Approved as to form and legal sufficiency: Nfar-Joig M. Student - Stirling Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 4:t - - JA COLETTA, CHA MAN Page 2 of 2 8 D `$ 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 10 -4 -07 DATE APPROVED BY BCC 11 -13 -07 ORDINANCE NUMBER 20Z7--7T- AMENDMENTS AND REPEAL • TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE 3 SECTION I: PROPERTY OWNERSHIP & DESCRIPTION 4 SECTION II: PROJECT DEVELOPMENT REQUIREMENTS 5 SECTION III: RESIDENTIAL DEVELOPMENT REGULATIONS b 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 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 following 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 51, 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 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE r• i 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 DESCRIPTION The subject property being ±15.38 acres, is located in Section 13, Township 48 South, Range 25 East, and is fully described as: The West 1/2 of the Southwest Y4 of the Northwest 114 of the Northeast 114 of Section 13, Township 48 South, Range 25 East, Collier County Florida. And The Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 114 of Section 13, Township 48 South Range 25 East, Collier County, Florida. And The Northwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 13 Township 48 South Range 25 East, Collier County, Florida. And The Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 13, Township 48 South Range 25 East, Collier County, Florida. And The Southwest 1/4 of the Southeast y4 of the Northwest 1/4 of the Northeast 114 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 Rural Agricultural. It is proposed to be rezoned to Residential PUD (RPUD) for residential development. Page 4 of 12 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 constructed after zoning approval but before construction of any other permitted structures. Page 5 of 12 X, 1J SECTION III TRACT R MULTI - FAMILY RESIDENTIAL DEVELOPMENT REGULATIONS 3.1. MAXIMUM DWELLING UNITS Approval of this RPUD authorizes abase density of 4 units per acre for a total of 62 units. Based on the residential infill provision of the GMP, upon proof of purchase of 15 TDR's the subject property will qualify for 45 additional dwelling units. 3.2. TDR REDEMPTION PROCEDURES At the time of SDP application, documentation must be provided that the developer has acquired all TDR credits needed for the portion of the development that is the subject of the SDP. The applicant will co- ordinate with the Comprehensive Planning Department and submit an application to redeem the necessary number of TDRs 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 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. 3.3. 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. Permitted Uses: Multi- family dwelling units including but not limited to condominiums, two - family attached, apartments and coach homes. B. Accessory Uses: 1. Customary accessory uses and structures, including clubhouses, private garages, tennis facilities, and swimming pools with, or without screened enclosures, and other outdoor recreation facilities. 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 LOW 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 All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. Page 7 of 12 DEVELOPMENT STANDARDS "R" Residential Areas Table I Accessory NA NA SPS2 5 feet 10 feet 10 feet NA 25 feet • 'A minimum distance of 23 feet shall be maintained from the back of sidewalk to any area including driveways intended for the parking of vehicles to reduce the potential of conflict. For buildings utilizing under building parking, this requirement shall not apply. This shall not apply to on- street parking. zSame as Principal Structure 3BH = Zoned Building Height measured per the LDC. 4Measured from the average elevation of the centerline of the adjacent roadway and includes the area below the minimum floor elevations that have been established by law or permit above the flood zone to the highest structure without exclusions. Note: Buildings and accessory structures shall not encroach into a required landscape buffer area. Page 8 of 12 Multifamily Minimum Lot Area: 10,000 square feet (s.f) Minimum Lot Width: 70 feet Minimum Building Setbacks: • Front Yard 20 feet' • Side Yard 1/2 Bids • Rear Yard 20 feet • Preserve Boundary 25 feet Minimum Floor Area: 1,000 s.f. Maximum Zoned Building Height3: 50 feet Maximum Actual Building Height: 69 feet4 Accessory NA NA SPS2 5 feet 10 feet 10 feet NA 25 feet • 'A minimum distance of 23 feet shall be maintained from the back of sidewalk to any area including driveways intended for the parking of vehicles to reduce the potential of conflict. For buildings utilizing under building parking, this requirement shall not apply. This shall not apply to on- street parking. zSame as Principal Structure 3BH = Zoned Building Height measured per the LDC. 4Measured from the average elevation of the centerline of the adjacent roadway and includes the area below the minimum floor elevations that have been established by law or permit above the flood zone to the highest structure without exclusions. Note: Buildings and accessory structures shall not encroach into a required landscape buffer area. Page 8 of 12 SECTION IV PRESERVE AREA 4.1. PERMITTED USES LIE The PUD Master Plan provides for a minimum of ±2.3 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 SDP 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 increase 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 Page 9 of 12 • ' • 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 (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC, 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 • 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 to 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 shall 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 Plan for the adjacent property to the North. At the time of issuance of the first development order for 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 Collier 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 Collier 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 affordable or workforce housing. Page 11 of 12 5.4 ENVIRONMENTAL • F • The Developer shall purchase two parcels of land consisting of 2.5± 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. Upon completion of the purchase, the developer shall record a private deed restriction limiting the use of these two parcels to preserve only. In addition, the developer shall grant a conservation easement over these two parcels to the County with no responsibility for maintenance on the part of the County. Page 12 of 12 G r- 1 OO I �z I I I I e� I R � I I 1 1 4 1 lgS� Z 1 < 1 �® 1 I p I L. I 4., 0 7 4 Da i4 flit Ir Rya , r , yp N !Y 1 I I ry �d r J� I $� yj Sim An if m 0 -a- z� xyµ4y �QLL Nis ;ij It It s` W, Q m a 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 114 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY. FLORIDA. 1-110111] 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 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007 -73 Which was adopted by the Board of County Commissioners on the 13th day of November, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of November, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners By: Ann Jennejohn, Deputy Clerk T1 Cwin E;-, APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Date Petition Received: Commission District: Planner Assigned: "k)vE ru EE COMPLETED BY STAFF General Information: Name of Applicant (s) Page VI LLC Applicant's Mailing Address 333 E. Ohio St. Suite 200 City Indianapolis State IN Zip 46204 Applicant's Telephone # (3171356 -6385 Fax # Applicant's E -mail Address: daddyppaPe(W�Bol com Name of Agent. Tim Hancock Finn Davidson Engineering, Inc Agent's Mailing Address 154 Trade Center Way Suite # 300 City_ Naples State FL Zip 34109 Agent's Telephone #2391597 -3916 Fax # (2391597 -5195 Agent's E -Mail Adress: timni davidsonenneerine com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES /CURRENT PLANNING 2800 N. HORSESHOE DRIVE — NAPLES, FL 34104 PHONE (941) 403 - 2400 1FAX (941) 643 -6968 • ' • Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Page Vi, LLC Mailing Address 333 East Ohio St. , Suite 200 City—Indiana polis State IN Zip 46204 Name of Homeowner Association, Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State Zip Name of Master Mailing Address City State Zip Name of Civic Association: Mailing Address City state Zip 2. Disclosure of Interest Information• a. If the property is owned.fee simple by an INDIVIDUAL, tenancy be the entirety, . tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership • 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 Stock Paul J. Pale 25% Peter Page 25% Tony Pace 25% Paul Pittman 25% Address for all listed: _ 333 E. Ohio Street: Suite 200 Indianapolis IN 46204 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 Interest 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 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 purchases below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Stock Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired (X) ]eased ( ):_Term of lease yrs. /mos. Parcel Number(s): 00150520003 -December 5, 2005 00149840008 - January 11, 2006 00149080004 - January 16, 2006 00150400005 —January 17, 2006 00150440002 —January 17, 2006 If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date W1 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. 3. Detailed legal description of the property covered by the application (If space is inadequate, attach on separate page.) If request involves change to more than on 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, and engineer's certification or sealed survey may be required. Section: 13 Township: 48 Range: 25 Lot: Block: Subdivision: Plat Book—Page #: Property I.D.#: 00150440002: 00150520003• 00149080004• 00150400000• 00149840008 Metes & Bounds Description: please see survey 4. Size of property: 673.46 ft. X 995.97 ft. = Total Sq. Ft. 670.745.95 Acres 15.38 + /- 5. 6. Adjacent zonine and land use: Zoning N Aerfcultural S_ A -CU (Fire Station) E_ Aericultural W ROW — Livineston Rd. / A Land Use Undeveloped Undeveloped Undevelolred Undeveloped W Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property Metes & Bounds Description: 7. Rezone Request: This application is requesting a rezone from the zoning district(s) to the RPUD .zoning district(s). Present Use of the Property: Undeveloped Proposed Use (or range of uses) of the property:_ Residential Multi - family Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 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 materials and documentation in support of the request. Standard Rezone Considerations (LDCSection 2.7.2.5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. See attached sheet 2. The existing land use pattern. See attached sheet 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. See attached sheet 4. Whether exiting district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. See attached sheet 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. See attached sheet 6. Whether the proposed change will adversely influence living conditions in the neighborhood. See attached sheet 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. See attached sheet 8. Whether the proposed change will create a drainage problem. See attached sheet 9. Whether the proposed change will seriously reduce light and air to adjacent areas. See attached sheet 10. Whether the proposed change will seriously affect property values in the adjacent area. See attached sheet 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. See attached sheet 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. See attached sheet 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. See attached sheet 14. Whether the change suggested is out ofscale with the needs of the neighborhood or the county. See attached sheet 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. See attached sheet 16. The physical characteristics of the property and the degree ofsite alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. See attached sheet 17. The impact of development on the availability ofadequate public facilities and services consistent with the levels ofservice 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. III, as amended. See attached sheet 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. See attached sheet PUD Rezone Considerations (LDC Section 2.7.3.2.5) 1. The suitability of the area for the t) pe and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. See attached sheet 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 ofsuch 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. See attached sheet • 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. See attached sheet 4. The internal and external compatibility offproposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. See attached sheet S. The adequacy of usable open space areas inexistence and as proposed to serve the development. See attached sheet 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. See attached sheet The ability of the subject property and ofsurrounding areas to accommodate expansion. See attached sheet 8. Conformity with PUD regulations, or as to desirable modifications ofsuch regulations in the particular case, based on determination that such modif cations of justified as meeting public purposes to a degree at least equivalent to literal application ofsuch regulations. See attached sheet 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, may communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous Land use Petitions on the subject Property To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted on order for your application to be deemed sufficient, unless otherwise waived during the pre - application meeting. a. A copy of the pre - application meeting notes; b. If this rezones is being requested for a specific use, provide nineteen (19) copies of a 24" x 36" conceptual site plan [and one reduced 8 V2" x 11" copy of the site plan], drawn to a maximum scale of i inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • All existing and proposed structures and the dimensions thereof; • Provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • All existing and /or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and/or existing landscaping and buffering as may be required by the County, a. An architectural rendering of any proposed structures. b. An Environmental Impact Statement (EIS), as required by Section 3.8 of the Land Development Code (LDC), or a request for waiver if appropriate. c. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and /or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). d. Statement of utility provisions (with all required attachments and sketches); e. A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; f. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); g. Any additional requirements as may be applicable to specific conditional uses and identified during the pre - application meeting, including but not limited to any required state or federal permits. h. An electronic version of the PUD on a disk as part of this submittal package. AUTO E CIVIL ENGINEERING • PLANNING • LAND DEVELOPMENT SERVICES 4 DAVIDSON E N GI hI E ER ING Della Rosa RPUD Evaluation Criteria Narrative Responses 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. The requested rezoning from Agriculture (A) to RPUD is consistent with the Future Land Use Map (FLUM) and the goals, objectives and policies of the GMP. The subject properties are located within the Urban Residential Subdistrict on the FLUM. The Urban designation allows for a variety of residential and non - residential land uses with a base density of four (4) dwelling units per acre. Additionally, this RPUD takes advantage of the residential infill provision which permits the properties to be granted an additional 3 units per acre subject to criteria established in the GMP. The applicant has obtained the rights to purchase TDR's to facilitate the additional density and as such is consistent with the GMP in the requested density of up to 7 units per acre. This rezone will authorize a base density of 4 units per acre, or 62 units plus two bonus units for each TDR transferred into the project for a maximum of 107 units. The purchase of TDR's furthers additional goals and objectives of the GMP through increasing lands in the Rural Fringe that are set aside for preservation. 2. The existing land use pattern. While no development is occurring immediately adjacent to the subject property at this time, the general area is developing at urban density and intensities and includes planned communities at low to moderate densities, infrastructure including a fire station, public and private schools and water and sewer are available adjacent to the property. The existing growth pattern as well as the permitable land uses in the GMP serve to designate this area as being compatible for future residential development. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The requested rezone would not create an isolated district unrelated to adjacent and nearby districts. The adjacent properties are similarly situated as the subject property and could develop in a similar fashion. As cited above, the general development pattern in the area is compatible with the proposed development of this site. 4. Whether existing district boundaries are illogically drawn In relation to existing conditions on the property for the proposed change. There are no reasons that indicate that the project boundaries are illogically drawn. 2154 Trade Center Way, Suite #3 Naples, Florida 34109 Phone: 239.597.3916 Fax: 239.597.5 G S 4 www.davidsoneng ineeri ng.com • DIE RAVIDSON FNGild icl l:l lJG 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Agriculture zoning in the Urban area is viewed as a "placeholder" zoning category until development of the property is imminent. The surrounding area is evolving into a residential area with supporting institutional uses. A change in zoning for residential uses has been contemplated for this area since the initial adoption of the GMP. The extension of Livingston Road North of Immokalee Road in concert with the development of the Mediterra project created the opportunity for development of these parcels. The subsequent development of Livingston road into a primary North / South corridor that is critical to the County's transportation system further supports a change in use of this property. These changes in conditions serve to jointly justify the requested rezoning and the planned development of the site will serve to be a compatible neighbor to adjoining parcels. Whether the proposed change will adversely influence living conditions in the neighborhood. No adverse impacts to living conditions in the neighborhood are expected. The developer will be required to provide adequate landscape buffering around the perimeter of the project. The native preserve will also help to buffer the development from future development of adjacent parcels. The clustering of units into mid -rise buildings will provide for an excess amount of both native preservation and open space for the project. 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. The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, The Trip Generation Report submitted with the rezone application indicates that the proposed rezone will not adversely affect the LOS of Livingston Road which is currently operating at LOS A. The project should have no negative impact to the existing road conditions. Therefore the requested rezone is consistent with the Transportation Element of the GMP. 8. Whether the proposed change will create a drainage problem. The stormwater management system for the project will be designed and permitted according to South Florida Water Management District and Collier County design standards. Drainage problems should not be created when construction is completed in accordance with the permits. Page 2 of 4 rem L D�r .e DAVIDSON I!IJGIPI DS NG 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Uses allowed within the requested RPUD zoning district will not result in the reduction of light or air to adjacent areas. The project will be limited to 50' in height and proposes a sizable lake and preserve area due to the clustering of units in mid -rise buildings. 10. Whether the proposed change will seriously affect property values in the adjacent area. The proposed rezone will not negatively affect, but rather should improve or help to maintain the increasing property values in the surrounding area. The proposed development plan will create an open and airy campus -like plan with all buildings being oriented toward the lake and preserve. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The development of adjacent properties will not be negatively affected if this rezone request is approved. Properties to the north, east and south are undeveloped but designated for residential / urban development patterns in the GMP. To the west lies Livingston Road, an arterial roadway. 12. Whether the proposed change will constitute a grant of special privilege to an Individual owner as contrasted with the public welfare. The proposed rezone complies with the Growth Management Plan. Because of this consistency, the proposed change does not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject tract is located in the Urban Residential Subdistrict which is designated in the GMP as an appropriate location for more intensive land uses. The GMP designation of Urban Residential in itself identifies the area as appropriate for residential development and therefore was not anticipated to be utilized long term for agricultural purposes. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The rezone is consistent with the Growth Management Plan and therefore it is not out of scale with the neighborhood or the county. 15. Whether it is Impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. While not impossible, land that is both accessible and available to meet the continuing demand for housing is not as common as it once was. The "infill" Page 3 of 4 DC DAVIDSON FN C i Nr e¢114G designation allowing higher density recognizes the need in the GMP for increased density in areas designated as such in lieu of increased development in more rural areas where services and facilities are not readily available. Therefore, all indications are that these lands have been targeted for residential development and when combined with the dwindling inventory of land elsewhere in the County, the development of this property is not considered premature. 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. The property contains a sizable wetland head that is located toward the southeast corner of the property. The plan of development preserves a substantial amount of this wetland, well in excess of the native vegetation preservation requirements of Collier County, Furthermore, the clustering of units into mid -rise buildings reduces the footprint of development thereby permitting more open space and less intrusion onto the existing natural features. This type of clustering should be viewed as a beneficial and less intrusive design and therefore more desirable. 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 [Code ch. 106, art. III, as amended. Adequate water, sewer, and roadways are already in place adjacent to the property. A determination of adequate public facilities will be obtained from Collier County prior to construction. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important In the protection of the public health, safety, and welfare. There are no other factors, standards or criteria that are adverse to the protection of the public health, safety and welfare associated with this rezone. Through compliance with the adopted GMP policies and objectives as well as the Land Development code, this application cannot be deemed detrimental to the public health, safety and welfare and therefore is consistent with criteria established for the purpose of review and approval of requests for rezoning. Page 4 of 4 THIS INS rRUMENT PREPARED 0Y: Smith & 5uprn.sld, P.A. Lnnts A. Supnlzkl, Esquire 2450 N.li. Minot! Cmrdins Ddvu, 2nd Plant- No i fIf Min mil Hooch, RI, 33180 RECORD AND RP.TURN TO: 9'ropteal T'tlle limur me Agency, Ium 6609th sim.1 Narlh, Smile RC PARCEL ID R; 00150520003 6 468 OR: 3944 PG: 362 RICORDID In OFFICIAL RIWRDO of COLLIER COUNTY, PL U109/2OD5 at 08 :37AR DRIORT 1. DROCK, CLERK coils 230000O.00 RIC PER 18150 DOC -,70 16180,00 Retn: TROPICAL TITLE 660 9TR STRIET 1 13 HPLIS PL 34102 WARRANTY DEED THIS WARRANTY DEED made Ibis 5th dny of December, 2005 by Blind Dog 12cally, LLC, a Florida Limited Liability cootponly, hereinafter referred to as Grantor•, whether one or more, find whose address is 2450 N.E. Minmi Gardens Drive, 2nd Floor, North Miami Beach, PL. 331(10, to Page VI, LLC, an 'I liana :Li bited Liability company, hereinafter referred to as Grantee, whether one or more, and whose address is 333 East Ohio Sheet, Soitc 200, Indianapolis, IN 46204. Iwho vmnr.I hgoin I mnn'pon,nr °nml'grg11w it a(I sfill 11m pmna m 11115 lnsennunI and I o lmi, 5. kg.l rcp"wilod"CS nn l nxsIgo, ml'i,dis•Idnmis. mid Iheartusson and .'sign, of cn.POrmimn ) W ITNESSETIL THAT Grantor, for mitt in consideration of the suni of Ten and N01100 Dollars and other valuable considerntions, in hand paid by Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee the follmving described hurl situate, lying and being in life County of Collier, State of Florida in wit: 'rhe West in of the southwest 1/4 of the Net I/d of file Northeast IN or Section 13, Township 49 Smith, Range 25 East, of Collie' County, Florida. PUDZ - 2006 -AR -9577 PROJECT 42006010044 DATE: 4121/06 MELISSA ZONE SUBJECT TO IazcS accruing suhser.7uen1 to 2005. SUBJECT TO covenants, restrictions and casements of record, if any; however, this reference shall not o terate to reinlIrose same. TO HAVE AD TO HOLD the sane in fee simple forever. AND Grantor herebyy covenants with Grantee that'Grr liffn is hwfully seized of said land in tic simple; that Grantor Ina good right and lawhd authority to sell and convey said land; that Grantor hereby fully warrmris the title to slid hind and will defend the same against the lawful claims of all persons whomsoever; and that said land is rice of all encumbrances. i * ** OR; 3999 PG, 3621 1'** IN WITNL+SS NVIIRREOR, Orator has signed acl sealed these presents the day and year fist above written. Signed, sealed and delivcrecl in our presence: STATE OF Florida COUNTY OF Mlami -Dade Blind o I y, LLC, a RIDr' 11 d Liabl'llty company Ily; - Loubs A. Suprashl, Managing Member 'file foregoing instrument wits acknowledged before me (his 5th day of December, 2005 by Louis A. Supraski, as Managing Member of Blind Dog Really, LLC, a Florida Limited Liability company, I-Ie is personal known la me or has produced iclenliflcation. £� yw,W MAnNIATaa3It10 Ngery Puhlb. 69rb olfbAdb M f Cw.N urlu0 Erpber Duc 2l. 2G06 Cwd*% n6DO 976903 �'S'H�!A$F 'aonUe6 BY Nellonul WWI Assn. My commission expires: Page 2ur7 Nrm mOwnl0 by: ANnnuvuedd acid Mune Sn vices, h,c.- 600,330.1295 rile: 0111111 Ia ' 3110396 OR: 3968 PG: 099 RECORDED in OFFICIAL RECORDS of COLLIER CODNTY, FL 01/19/2D06 at 03:10PH DWIGHT E. BROCK, CLERK CONS 525000,00 RIC FIE I9.56 DOC-.70 7675.00 Pre ran erl in : RetW Drew S Sheridan TROPICAL TITLE 650 5TH STREET H 11 Drew S. Sheridan PA NAPLES PL 34102 7765 SW 87D1 Avenue Suite 102 Return 11a Miami, FL 33173 1Wpicnl'I'itie Ins. Agency, Inc. 305 -596 -3363 600 Ath St. NorL11, Suite 3 File Number: 06 -0001 Nhplon, Florida 3410$ Will Call No.: Si�T39zs' Above )Iris Line For Rending Dnml_ Warranty Deed TINS WRrrauty I)OCII made this 17th day of,lxnunry, 2006 between Yoshilkho Obah, and Sluu•mt L. Ohnto, husband and wile whose post office address is 10861 SW 121 Street, Miami, FL 33176, grantor, and Page VI, LLC, nn Indiana Limited Liability Company whose post office address is 333 Ens( Ohio Street, Suite 200, Indhumpnlis, IN 46204, grantee: (Whcnevar axed hemin the mans "grunt." and "grease" inc tc all ,l¢ medics m mil nxnnnw,n and the been. Icgal un'o"maliv,a, ,md n.<signs of inAividunn, and did suewss.s and uadpns of corporndnns, it wad ann e,n Witnessetil, Ilmt said gnuvor, fm and in cansidermton of IOe 11,11, OFTEN ANLI NO /IOO DOLLARS ($10.0(1) and Other good end valuable considelotions to snid grantor in hand paid by solid gringos, the receipt wherenfis hereby acknowledged, has ganrcd, bargained, slid sold to the said grantee, and grnnlec9 heirs and assigns forever, die following described brad, situate, lying and being in Collie' County, Florida to -wit: The NW 1/4 of the SE 1/4 of the NW 114 of the NE 1/4 of Section 13, Township 48, Rnuge 25 Enst, St, up No. 4E2513643.0003A 13, lying and being In Collier County, Flm ids, Parcel Identification Number: 00150,100005 Together with all the tenenents, hemoburnnnts and aprymenauces therein belonging or in anywise appenalning. TO H11ve and to 11014, the same in fee simple i'Or'evei. And the gralum hereby covenants with said grantee that the grantor is lawfully seized of said hind in fee simple; flint lbe grantor has good right and ImNul authority t0 sell and convey said land; that the gantor hereby fatly warrants the Mlle 10 said land lard will defend the some ngninsl the lawfal claims of ell persons whomsoever, and [hit said Innd is free of all encumbrances, except nixes accruing subsequent to lleceober 31, 2005, hl Witness Whereof, grantor has hmronto set grnnfol's hitting and sent the day and veOr first above written. Signed, sealed and delivered in no presence: LU two lvoshilluo ("hma W IhICSa NIIIIIC: ' dN S l Illy- it�iess Nunre: t Sharon L. Ob,nn �`YT �� r 2 -i ' `s Witness Nome;_G L mo/ , ),10 Doublerini. 1 *1 OR; 3968 PG; 0943 WWW State of Florian Calmly or Miami -Dade The imago g 1 onvaent was acknowledged before me this 171h day of January, 2006 by Yashihiro Obuto and Sharon L, 01,801,81A, a, who are personally known m JXJ have produced a drivist -6 alit as identi11,V(i0j; 1 [Notary Seal] IOD'J?11b1Ic Printed Nmne: My Commission Expires: NOTARY 1101111GS ME 01 Drew She Zn hCnmarst{nn #DD163139 N Ivpires: SEg. 12;'2009 bni Mind, aend], Cq lec Wnnnnp 11'.4. Pone 3 OaibleTlmav Warranty Deed Made this HVA day of January, 2006 A.D. by Mohammed M Rahman and Fahmida Rahman, Husband and Wife, whose address Is; 13056 Valewood Drive, Naples, FL 34119 -8577, hereinafter called the grantor, to Page VI, LLC, an Indiana Limited Liability Company, whose address Is: 333 East Ohio Street, Suite 200, Indianapolis, IN 46204, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" Include all the parties to this instrument and the heirs, legal representatives and assigns of Individuals, and the successors and assigns of corporations) Wltnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof Is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and conFlrms unto the grantee, all that certain land situate in Collier County, Florida, viz•. The Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4, Section 13, Township 48 South, Range 25 East, Collier County, Florida. This is vacant land. Parcel ID Number: 00150440002 Subject to zoning and use restrictions Imposed by governmental authority; restrictions, covenants and easements of record; reservation of oil, gas and mineral rights of record. Together with all the tenements, heredltaments 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 lawfully seized of said land In fee simple; that the grantor has good right and lawful 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 lawful claims of all persons whomsoever; and that said land Is free of all encumbrances except taxes accruing subsequent to December 31, 2005. 3770395 OR; 3968 PG; 0940 Prepared by: RECOIDID In OPFICIAL RECORDS of COLAIIR COOIITT, PL Slmone Phillips 01/19/2006 at 01;IDPR DRIGET H. OROCK, CLHRK Tropical Title Insurance Agency, Inc. COBS 525000.00 660 9th Street North, Suite 3 - RIC PRO n. SO Naples, Florida 34102 DOC -170 9675.00 File Number: 512T393B Rein: TROPICAL TITLE 660 9TH STREIT R 13 IIAPLIR TL 30102 Warranty Deed Made this HVA day of January, 2006 A.D. by Mohammed M Rahman and Fahmida Rahman, Husband and Wife, whose address Is; 13056 Valewood Drive, Naples, FL 34119 -8577, hereinafter called the grantor, to Page VI, LLC, an Indiana Limited Liability Company, whose address Is: 333 East Ohio Street, Suite 200, Indianapolis, IN 46204, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" Include all the parties to this instrument and the heirs, legal representatives and assigns of Individuals, and the successors and assigns of corporations) Wltnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof Is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and conFlrms unto the grantee, all that certain land situate in Collier County, Florida, viz•. The Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4, Section 13, Township 48 South, Range 25 East, Collier County, Florida. This is vacant land. Parcel ID Number: 00150440002 Subject to zoning and use restrictions Imposed by governmental authority; restrictions, covenants and easements of record; reservation of oil, gas and mineral rights of record. Together with all the tenements, heredltaments 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 lawfully seized of said land In fee simple; that the grantor has good right and lawful 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 lawful claims of all persons whomsoever; and that said land Is free of all encumbrances except taxes accruing subsequent to December 31, 2005. * ** OR; 3968 PG; 0941 www In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and dellvered In our presence: 0 ,^ Witness Printed Name rirnona Phiillna Witness Printed Name TJmothyN. Phllllpa State of Florida County of Collier (Seal) Mohammed M Rahman (Seal) Fahmida Rahman The foregoing Instrument was acknowledged before me this 171 day of January, 2006, by Mohammed M Rahman and Fahmida Rahman, Husband and Wife, who Is /are personally known to me or who has produced FL Driver License as Identification. (sent) '� l SNnonn PD�124 IMCOMMISSIMy OnrP/611 [q'I0.E5 ryi, Irt ]uk 9, IDAd '' %A;Bf1 �: oanoionaurmrrnaneuxrrctxrc �Notary l tb li�.y Print Name:- :uhn0a PhirOoa; My commission Expires: • Corporate Warranty Deed This Indenture, made, _I day of January, 2006 A.D. Between Bryan Acres, LLC, a Michigan Limited Liability Company whose post office address is: 5000 Meandering Creek Drive, Belmont, Michigan 49306, Grantor and Page VI, LLC, an Indiana Limited Liability Company whose post office address is: 333 East Ohio Street, Suite 200, Indianapolis, IN 46204, Grantee, Wltnesseth, that the said Grantor, for and in consideration of the sum of Ten and No /100 Dollars ($10.001, to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee forever, the following described land, situate, lying and being in the County of Collier, State at Florida, to wit: The Southwest 1/4 of the Southeast 114 of Northwest 1/4 of the Northeast 1/4, Section 13, Township 48 South, Range 25 East, Collier County, Florida. Subject to taxes for the current year covenants, restrictions and easements of record, if any. Parcel Identification Number: 00149080004 And the said Grantor does hereby fully warrant the tills to said land, and will defend the same against the lawful claims of all persons whomsoever. In Witness Whereof, the said Grantor has caused this instrument to be executed in its name by its duly aulhorized officer and caused its corporate seal to be affixed the day and year first above written. and Sealed in Wi ess III Pri t Name (� t In 61 w�- Witness 112 Print Name State of Michigan County of Ken( Bryan Acres, LLC, a Michigan Limited Liability Company / Sue o. Conway Its: Managing Member X11 3770394 OR; 3968 PG; 0939 * ** RECORDED in OFFICIAL RECORDS oL COLLIER COUNTY, FL 01/19/2006 at 03:I0PN DWIGHT E. BROCK, CLERK coils 525000.00 BBC PEE 10.00 DOC-,70 3675.00 BOLD: TROPICAL TITLE 560 9T11 STREET N 13 RAFLES PL 34102 The foregoing instrument was acknowledged before me this _.j(L day of January, 2006, by Sue O. Conway, a Member of Bryan Acres, LLC, a Michigan Limited Liability Company, on behalf of said company and who is known to me. _ ..., Prepared by: Notary Public Simone Phillips Notary Printed Name: Tropical Title Insurance Agency, Inc _ My Commission Expires: 660 9th Street North, Suite 3 Naples, Florida 34102 File Number: 512T3940 0 Prepared by,: 3767060 OR; 3965 PG; 0505 Simone Phillips RECORDED In OFFICIAL ABCOADS of COLLIER OLL . COUNTY, FL Tropical Title Insurance Agency, Inc. 01113/1006 at OI39FN BRIGHT 1, BROC I, CC U1 660 9th Street North, Suite 3 Naples, Florida 34102 CONS $25000, 0 File Number: 512T3939 Abe FBI 10.000 DOC -.10 3613.00 Both: TROPICAL TITLE 660 9TH STRIIT N 13 NAPLES F4 34101 Warranty Deed Made this 11th day of January, 2006 A.D. by Robbie W Pfaffenberger, a Married Person and Gary Butner, Individually and as Trustee of the Gary W Butner Revocable Trust dated February 17, 7000, whose address is: RWF: 1685 James Circle, Titusville, FL 32780 and GB: 179 Inlet Blvd., Nokomis, FL 34275, hereinafter called the grantor, to Page VI, LLC, an Indiana Limited Liability Company, whose address Is: 333 East Ohio Street, Suite 200, Indianapolis, IN 46204, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this Instrument and the heirs, legal representatives and assigns of Individuals, and the successors and assigns of corporations) Wltnesseth, that the grantor, for and In consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, 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, viz: The Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 13, Township 48 South, Range 25 East, Collier County, Florida Parcel ID Number: 00149840008 Grantors warrant that the property is not his /her homestead nor is it contiguous thereto. Subject to zoning and use restrictions Imposed by governmental authority; restrictions, covenants and easements of record; reservation of oil, gas and mineral rights of record. Together with all the tenements, heredltaments and appurtenances thereto belonging or in anywise appertalning. To Have and to Hold, the same In fee simple forever. And the grantor hereby covenants with said grantee that the grantor Is lawfully seized of said land in fee simple; that the grantor has good right and lawful 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 lawful claims of all persons whomsoever; and that said land Is free of all encumbrances except taxes accruing subsequent to December 31, 2005. 0 Io ' * ** OR; 3965 PG; 0506 * ** In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered In our presence: Wltness Printed Name Tl { ° HAS (U }-{FlrtJ,LNJ Shone Phllllpc Witness Printed Name Shone State of Florida County of Collier �f�- Ni�,C�w%.i t�Pia •� (Seal) Robbie W Pfaff er &,. lxx - (Seal) Gary Butn , Individually and as Trustee The foregoing instrument was acknowledged before me this 11th day of January, 2006, by Robbie W Pfaffenberger, a Mari led Person and Gary Butner, Individually and as Trustee of the Gary W Butner Revocable Trust dated February 17, 2000, who Is /are personally known to me or who has produced FL Driver Licenses as identification. (SEAL) Notary � Print Name: My Commission Explres: X..., Simone Ohltlps ;A� �1 MYC(MUA45Fa�� W73 {d {i .XpIFtY s y+k 9, 106 ... ,.. v..v .. , ui i, ♦n�u - LJJ J7z IU43 8D page 3 �F.. eh 24 06 It. lau CC&T Construction 317- 356 -2175 P.3 FROM Deridson Eneineelinp (FRI)Fie 24 2006 10:54/ST.10 :50/N0.632e6104J2 P S FEB AFFIDAV r We, T • /a g ' being first duly sworn depose and sty, that we /1 am/arc the owners of The propertyopep de�ln and which is the subject matter of the proposed hearing, 'hat all the onswert Ur rite grrestioar in this Wfication, including the disclosure of imenst irr%rnwtion all skelehes. data, and other supplementary mater attached to and made a part of this application. are honest and true to the lest of our to owledge and belief. We// understand that the information requeaed.on this applleatlen may be complete and accurate and that she content of this Arm whether computer genoroted or County printed shall not be altered. Public hearings will not he advertised until this application Is deemed complete, and all required infarmation has been submitted As property owner Well fwather outhorize ( )/4 401 61n.. r r • �� ro act as our /My representative in any matters regarding this Petition. - -• Cv�• Nt•n.- /?cryi�/ G L �4�M~e of net Signature Praperry Owner - --�... Typed or Printed Name QjOwner The foregoing in rumen' was acbmwledged before me this L� y of 200 by �F}lf ` J , -who is personally known to me oror harms prpduced, -'- aslden :ration, 3 , d Stare ofNisrida /rib r g 0 y comfy of Of Mier A2/}eta N (Signature of N otary Public - St ) irp , . / .l . . hi j7 /ri� N. t) +,aIvv .1 ;,, Sl9 /-� - (Print, Type, or &amp Comm;, 3.i(*ned Name of Notary Public) 317 556 2173 PUDZ - 2006 -AR -9577 PROJECT #2006010044 DATE: 4121/06 MELISSA ZONE .�, va, cuuu au.e,� rr.ac,n rftuz LJ9 096 Ion page 5 rab eq Utf 11:eea ccLI Construction 317-356 -2173 P.5 FROM Davidson Enoineerins IFRIMB 24 2006 10 :54/8T.10:50/NO.6326613472 p 5 c. if the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the 130mentaEe of interest. Nome and Add,," Percentage of suoeran d. If the pmpeny is in the ,now of a GENERA[. or LIMITED PARTNERSHIP, list the name of the general and/or limited palmers, Name and Address perccmdge of owawdip e. If there is a CONTRACT FOR PURCFIASE, with an individual or individuals, a Corporation, Trustee, or a Part "I"P, list the :tames of the contract putchaacrs below, including the otiietrs, sto"olders, beneficiaries, or pamwm. N"" end Address Pemaa fte of Ownership Date of Contract: If arty contingency clause or contract terms involve addltionsl parties, list all individuals or ofrlcers, if a corporation, paxtnership, or trust Name and Addimr & Date subject property, acquired Q leased ❑ Term of ►case �. /nros. If, Petitioner has option to buy, indicate date of option: termiowws -,--, — or anticipatod closing date ` arrd �� option FEB 24,2006 11:45 317 356 2175 9 A - � (t -0 C). C). Z 0 0) 3 �G -, o -h 0 C: (3) mo CD x CD r-+- 0 CD > -. O cn r CD o o CD CD C rD CD eD N C 76 t� I ru -0 C). C). Z 0 0) 3 �G -, o -h 0 C: (3) mo CD x CD r-+- 0 CD > -. O cn r CD o o CD CD Cl) cn CD C ;or CD CD I O N CD 0) Z -n C CA N O N �7 O (D ;Z U 90 CD .Z1 fD (D .7. O v 3 0 3 y CD 7 Q N O 7 N 3 v 0 0 CD CD v N 0 0 CD m 0 0 0 0 G) 0 (D 7 O '0 (D O O (D 7 O r S (D U) m 7 0) (D a) 7 Q 9A C 3 0) O FA •N O O A F O n O N tD O 3 N O O O .-r O N O O X CD CD '�^^ V/ cn u mn =� ■ 0. CD U) 0 sh o' CD D 0 OMMS 3 CD X CD CD Q 0 CD CD `D co mCD CD Z �. o CD O I c n �m CL.a O■ CD V, v v 0 ma 3 m m 0 rMIL c- CD O W c N 69 d W a� S �fD 7 n O d 3 CL Ft m� CL a� �W a CL 3 S 0 rr m' v O1 t m La o' m n 0 Ph m h m CL so V D C a 0 0 4 O 0 33 3 OD Y o` N Y O o c V r r a r r 9A ' c- 3. CD -0 X -a O CL N CD � O `< cn -0 — CD r CCD � CL — n r+ (n O CD O Q =r CD t0 N CD. C2 -0 s' CD < CD cc w �. �' 0 N r0-9. CD CD CD o CL CD � CD D �G Q O_ N O CDCZ CD Cn. rMoL I O N In CD '� C O N CD CD cA 0 c Cn Q. CD O n' cn (n O Q (D N 0 Q C N CD CD O C O CD 9A ' c- 3. O M N CD r,- — Q r CCD CD O O CD O Q C2 CO X CD r0-9. CD CD CD O CD CL CD � D �G Q N CD �m I D t0 OD m 3 t0 O 3 -t C13 lz Mai a ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 98 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines 41 through #4, complete the checklist. and forward to Sue Filson (line #51. Route to Addressee(s) (List in routing order) Office Initials Date 1. Collier County Attorney's Office (Initial) Applica ble 2. November 13, 2007 Agenda Item Number 9B 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applica ble Agenda Date Item was November 13, 2007 Agenda Item Number 9B Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original 1 Attached �, .� _3 as Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the 1 / document or the final negotiated contract date whichever is applicable. I` 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. I� Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 `9 RESOLUTION NO. 2007 -322 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT DAVID EDWARD BISHOF AS A REGULAR MEMBER TO THE ENVIRONMENTAL ADVISORY COUNCIL. WHEREAS, Section 8.06.04 of the Collier County Land Development Code provides for the appointment of members to the Environmental Advisory Council; and WHEREAS, there is currently a vacancy on this Council; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, David Edward Bishof, currently an Alternate, is seeking appointment as a regular member to this Council. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that David Edward Bishof is hereby appointed as a Technical member to the Environmental Advisory Council to fulfill the remainder of a vacant term, said term to expire on April 13, 2010. This Resolution adopted after motion, second and majority vote. DATED: November 13, 2007 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA IN �. By. By: 4�tz� Atj*sti.js t*'d40yJACJ,erk JA COL alr n s1a�t•ari,k'- as to form and Chief fssistant County Attorney CP: 07- BCC -00378 Item # Agenda ' Date Date Recd ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's surname. draw a line throueh routine lines #I throueh 44, complete the checklist. and forward to Sue Filson (line #51 Route to Addressee(s) (List in routing order Office Initials Date 1. Collier County Attorney's Office (Initial) Applic able) 2. November 13, 2007 Agenda Item Number 9C 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution 'j a3 Number of Original I 5. Sue Filson. Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION 0 (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff tot additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item -) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applic able) Agenda Date Item was November 13, 2007 Agenda Item Number 9C Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution 'j a3 Number of Original I Attached /' Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Fortes/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. ^� Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Fortes/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2007 -323 Q r RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DECLARE VACANCIES ON THE IMMOKALEE MASTER PLAN AND VISIONING COMMITTEE. WHEREAS, the Board of County Commissioners adopted Ordinance No. 04- 62 establishing the Immokalee Master Plan and Visioning Committee; and WHEREAS, the Immokalee Master Plan and Visioning Committee is to be composed of ten (10) members; and WHEREAS, Section Four, Attendance Requirements; Termination from Office, of Ordinance No. 04 -62 provides that attendance requirements are governed by Collier County Ordinance No. 2001 -55, as amended; and WHEREAS, Leo F. Rogers and William R. O'Neill have been absent for more than one -half of the Committee's meetings without a satisfactory excuse, a violation of Section Eight A of Ordinance 2001 -55, as amended; and WHEREAS, the Immokalee Master Plan and Visioning Committee is requesting that the seats held by Leo F. Rodgers and William R. O'Neill be declared vacant on their Committee. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the positions held by Leo F. Rodgers and William R. O'Neill are hereby declared to be vacant on the Immokalee Master Plan and Visioning Committee. This Resolution adopted after motion, second and majority vote. DATED: November 13, 2007 ATTEST: DWIGHT:E. P,ROCK,,Clerk lCa� !0� Approved as to form and legal sufficiency: 2 CP: 07- BCC -00379 Clerk my Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 02 - — — "r u Item # Aye,od'a I 1,� ' Y ��ece 11 d!ol�_I' ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I p TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines 41 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line 45). Route to Addressee(s) List in routing order Office Initials Date 1. Collier County Attorney's Office (Initial) Applic able) 2. November 13, 2007 Agenda Item Number 9D 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution ^, Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepmed the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC. office only after the BCC has acted to approve the item. Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applic able) Agenda Date Item was November 13, 2007 Agenda Item Number 9D Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution ^, Number of Original I Attached V I ' Z Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re wired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2007 -324 90 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO CONFIRM AND APPOINT THOMAS EASTMAN TO THE COLLIER COUNTY PLANNING COMMISSION. WHEREAS, Section 8.03.02 of the Collier County Land Development Code provides for the appointment of members to Collier County Planning Commission, including a non - voting representative from the School District; and WHEREAS, there is currently a vacancy in the School District category; and WHEREAS, the Board of County Commissioners received a letter from the School District Superintendant's office advising that the School Board has designated Thomas Eastman, Director or Real Property and Asset Management, to be their representative on the Collier County Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Thomas Eastman is hereby confirmed and appointed to the Collier County Planning Commission as the School District's representative for a 4 year term, said term to expire on October 1, 2011. This Resolution adopted after motion, second and majority vote. DATED: November 13, 2007 ATTEST; _ DWIGHT- E:-B� �CI4, Clerk y:te _?, 0jt.,,jW +"+ -Deputy Clerk 5�'y04�u4'�qdn ADuroved as to form and y A. KI<' Assista CP: 07- BCC -00380 County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,o,, , __t t '41 31a a 9 f D<),ty I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Collier County Attorney's Office (Initial) Applica ble) 2. November 13, 2007 Agenda Item Number 9E 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution c 7 Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office L% PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applica ble) Agenda Date Item was November 13, 2007 Agenda Item Number 9E Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution c 7 Number of Original I Attached ` � Documents Attached INSTRUCTIONS & CHECKLIST L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC L% Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. i 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. I(' Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2007 -325 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT PAUL NYCE TO THE PARKS AND RECREATION ADVISORY BOARD. WHEREAS, Ordinance No. 93 -81 provides for the appointment of members to the Parks and Recreation Advisory Board; and WHEREAS, there is currently a vacancy in the category of Urban Area Community Park District; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Parks and Recreation Advisory Board has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Paul Nyce, representing the Urban Area Community Park District, is hereby appointed to the Parks and Recreation Advisory Board to fulfill the remainder of the vacant term, said term expiring December 31, 2009. This Resolution adopted after motion, second and majority vote. DATED: November 13, 2007 ATTEST: DWIGHT E., 13 00<,,Clerk Att1St q,t0•G stgnatart'�6A i Approved as to form and legal sufficiency: ki �l7[�fET�Z�3iZ�I�Z� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I 44iA/ Clerk JAMt§ COLETTA, Chairman County Attorney Item# Agenda z�h Date O—P� A = Date FA ��,nq6 PROPOSED COUNTY ATTORNEY RECRUITMENT PROCESS 1. POST AND ADVERTISE THE POSITION (Regular BCC Meeting) • Waters Consulting (WCG) visits + meets with commissioners individually • WCG presents overview of recruitment process to BCC publicly • BCC directs WCG to prepare and issue recruitment brochure • Executive Manager to BCC (EM) forwards all "early' applications + inquiries to WCG • WCG produces and distributes recruitment brochure • WCG places advertisements in appropriate publications • WCG notifies all "early" applicants of position posting 2. REVIEW INITIAL RESUMES AND DISTRIBUTE CANDIDATE QUESTIONA/RES • WCG receives resumes and forwards copies to EM (after submission deadline) • WCG reviews each against minimum qualifications • WCG forwards questionnaire to" top" candidates • WCG reviews and summarizes responses • EM schedules Board agenda date for BCC to select initial interview candidates 3. REVIEW QUESTIONAIRE RESPONSES • WCG summarizes process to date (# of applicants, names of applicants, etc.) • WCG summarizes qualifications of recommended "top" candidates • WCG recommends + BCC selects candidates for initial interview conducted by WCG • WCG recommends and BCC determines general format of interviews • EM schedules agenda date for BCC to select candidates for on site interviews 4. SCHEDULE/CONDUCT INITIAL 1/1 INTERVIEWS • WCG conducts initial interviews • WCG conducts background checks for each recommended finalist • WCG summarizes results and presents findings to BCC • BCC selects lists of "finalists" for follow up, "on site" interviews • WCG recommends and BCC determines format of interviews • EM schedules agenda date for BCC to interview finalists on site 5. CONDUCT ON SITE INTERVIEWS + SELECT CANDIDATE • Finalists meet with Board publicly and /or individually • WCG facilitates group interview • BCC selects top candidate and selects appropriate individual to negotiate with selected candidate 6. CONTRACT APPROVAL (BCC Meeting) o EM schedules agenda date for BCC to approve negotiated contract o BCC approves contract with selected candidate 10 A 1�$l MEMORANDUM Date: December 20, 2007 To: Jack Curran, Purchasing Agent Purchasing Department From Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Contract #07 -4187: "NCRWTP & SCRWTP Sand Separators" Contractor: Douglas N. Higgins, Inc. Enclosed, please find three (3) original contracts as referenced above, (Agenda Item #I OA) approved by the Board of County Commissioners on Tuesday, November 13, 2007 One original is being forwarded to the Finance Department and one original document is being retained for the Board's permanent record. If you should have any questions, please call me at 252 -8406. Thank you. Enclosures (3) .0A ITEM NO.: DATE RECEIVE 2tt1 qtC 1,14 FILE NO.: O /� P RC (J &Y08 ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: December 12, 2007 To: R¢b�l Assistant County Attorney From: Jack Curr Purchasin gent Re: Contract 407 -4187 "NCRWTP & SCRWTP Sand Separators" Contractor: Douglas N. Higgins, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on November 13, 2007 Agenda Item: 10.A This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. CA ~r"_ i) 1 a �l9107- Y ,1 �t 10 A ':_ DATE: TO: FROM RE: Memorandum December 12, 2007 Jeff Walker, Director Risk Management Department Jack Curran, Purchasing Ag4r Purchasing Department Review of Insurance for: #07 -4187 "NCRWTP & SCRWTP Sand Separators" Contractor: Douglas N. Higgins, Inc. This Contract was approved by the BCC on November 13, 2007 Agenda 10.A Please review the Insurance Certificate and Payment and Performance Bonds in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at 239/252 -6596. � A-o cc: Oscar Martinez, PUED I' NCRWTP & SCRWTP Sand Separators COLLIER COUNTY BID NO. 07 -4187 COLLIER COUNTY, FLORIDA Design Professional: Hazen and Sawyer, P. C. COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 Construction Document— Electronic, Revised 7/07 10A 10 A "_ TABLE OF CONTENTS A. PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Hazen and Sawyer, P.C. and identified as follows: NCRWTP 7 SCRWTP Sand Separators as shown on Plan Sheets G1 through G3; C1 — C5; M1 — M -4; S1 — S4; 11 —16; E1 — E5. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT O: Stored Materials Records Construction Document — Electronic, Revised 7 -2007 10A PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA NCRWTP 7 SCRWTP Sand Separators COUNTY BID NO. 07 -4187 Electronically submitted bids for the construction of NCRWTP & SCRWTP Sand Separators, will be received on the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid, until 2:30 P.M. LOCAL TIME, on the 21st day of September, 2007 , at which time all bids will be publicly electronically opened and read aloud. Any bids received after the time and date specified will not be accepted by the e- procurement website. Any bidder not able to submit bid response electronically, must ensure that bid is delivered to the Collier County Purchasing Department, 3301 Tamiami Trail East, Bldg. "G ", Naples, Florida 34112 no later than the time and date specified herein. In this instance, sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, NCRWTP & SCRWTP Sand Separators, Bid No. 07 -4187 and Bid Date of September 21, 2007 ". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC -P -1 through GC -P -12) shall be removed from the Bidding Documents prior to submittal. The Engineers estimate for this project is One Million Five Hundred Thousand Dollars and no cents ($1,500,000.00). A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:30 a.m. LOCAL TIME on the 11th day of September, 2007, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. rin instances where the Owner has deemed the pre -bid to be Mandatory, the Bidder's failure to attend the ore -bid conference shall result in the reiection of its Copies of the Bidding Documents may only be obtained at the Collier County Purchasing E- Procurement site: www.colliergov.net/bid. Bidding Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. Bid security may be electronically submitted, or delivered at the required date and time stated herein. Cashiers checks must be delivered before the required date and time. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. Construction Document — Electronic, Revised 7 -2007 GC -PN -1 14A I, The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within Four Hundred and Twenty Five (425) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 21 st day of August, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell C.P.M. Purchasing and General Services Director Construction Document — Electronic, Revised 7 -2007 GC -PN -2 1QA PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted electronically or manually on the standard form herein furnished by the Owner (pages GC -P -1 to GC -P -12 as included in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter where applicable and shall sign the Bid correctly. Bid Schedules are submitted electronically or if manually shall be a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Manual bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building "G ", Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. Construction Document — Electronic, Revised 7 -2007 GC -IB -1 10A If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied electronically or manually by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the 'Bid Deposit'). Cashiers checks must be delivered before the required date and time. The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Construction Document— Electronic, Revised 7 -2007 GC -IB -2 10A e- Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn electronically at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids. Manually submitted bids may be withdrawn prior to the hour fixed in the Legal Advertisement for the opening of Bids provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted by the e- procurement website or Collier County Purchasing that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications Construction Document— Electronic, Revised 7 -2007 GC -IB -3 10 Af4. shall be submitted to the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of a written response, and shall be sent electronically to all known Bidders at their designated email addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Any addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. In instances where the Owner has deemed the Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Downloaded and examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Construction Document— Electronic, Revised 7 -2007 GC -IB -4 10 A Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to Construction Document — Electronic, Revised 7 -2007 GC -IB -5 10 A ''�lv strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. Construction Document— Electronic, Revised 7 -2007 GC -IB -6 10A 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Construction Document — Electronic, Revised 7 -2007 GC -IB -7 10 A f ojta Section 18. Immigration Reform and Control Act Bidder acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Construction Document — Electronic, Revised 7 -2007 GC -IB -8 10 A "ARIGINAL CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA NCRWTP & SCRWTP Sand Separators BID NO. 07 -4187 Full Name of Bidder DOUGLAS N. HIGGINS INC. Main Business Address 3390 Travis Pointe Rd. , Suite A Ann Arbor MI 48108 Place of Business 2887 Tamiami Trail East, Suite 1 Naples, FL 34112 Telephone No. 239 - 774 -3130 Fax No. 239- 774 -4266 State Contractor's License # CGC 060189 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Date Issued Contractor's Number Initi / 8 d7 / Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid pages. Construction Document— Electronic, Revised 7 -2007 GC-P -1 10A 14 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. MATERIAL 2. 3. S/7 Net i. nArAhK 5. Dated September 21, 2007 MANUFACTURER / //JNS ON U_ ; ae Z -'4dAC DOUGLAS N. HIGGINS INC Bidder BY: i1 d4i A, WAt -t... C Construction Document — Electronic, Revised 7 -2007 GC -P -3 10,E LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON- RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Category of Work Subcontractor and Address 1. r /t7 °/"1 n y� ASs D GIA )(eS r 2. �9NS Ylcr /Od �PdJ .5-P YhcP 3. Ell 5. Dated September 21, 2007 DOUGLAS N. HIGGINS INC. Bidder BY: Construction Document — Electronic, Revised 7.2007 GC -P -4 Fny STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference 2. 9 13 5. W Dated September 21, 2007 DOUGLAS N. HIGGINS INC. Bidder Construction Document — Electronic, Revised 7 -2007 GC -P -5 DOUGLAS N. HIGGINS, INC. EXPERIENCE STATEMENT RELEVANT FLORIDA PROJECTS Project: Big Coppitt Wastewater Collection System FKAA Project 94002 -00 DNH Project #925 -06 Owner: FLORIDA KEYS AQUADUCT AUTHORITY 1100 Kennedy Drive Key West, FL 33041 Jim Reynolds(305)296 -2454 Engineer: Boyle Engineering Corp 4415 Metro Parkway, Suite 404 Fort Myers, FL 33916 Robert Garland (239) 278 -7996 Contract Date: December. 2006 Completion Date: June 2007 Contract Amount: $2,186,480.00 10 A'144 Project Description: 14,000 LF of Forcemain installed in US 1 FDOT right -of -way in the Florida Keys. Also includes Stainless Steel Bridge Pipe and 3,300 LF of Gravity Sewer Project: Watennain Interconnect — Lee Blvd from SR 82 to Booster Station Project # B02 — LE 038 DNH Project #1101 -06 Owner: Florida Government Utility Authority (fgua) 280 Wekiva Springs Rd, Suite 203 Longwood, FL 32779 Victor Hurlburt, PE with Malcolm Pirnie (407) 659 -5550 Contract Amount: $2,884,382.00 Contract Date: June 06 Completion Date: April 07 Description: 1,000 LF of 20" Watermain, 3,000 LF of 18" Watermah 700 LF of 16" Watermain, 3,300 LF of 10" Watermain, 3,400 LF of 8" Watermain along major thoroughfare (Lee Blvd) right -of -way. Project: Collier Blvd Widening Contract #06 -3881R DNH Project #888 -06 Owner: Collier County Purchasing Department 3301 Tamiami Trail East Naples, FL 34112 Contract Amount: Contract Date: Completion Date: Description: Steve Ritter (239) 253 -1154 $12,000,000 October 06 June 08 10 q 9;000 LF of 24" Watermain; 3,600 LF of 12" Watermain, 2,700 LF of 12" Forcemain, 16,500 LF of 24" to 54" RCP Storm Pipe in County Road Right -of -Way. Project: Alico Rd Interchange —1 -75 FDOT Project: 200966-1-52-01 DNH Project #880 -05 Owner: Florida Department of Transportation / Lee County Utilities Contact: Kicwet Southern —John Connell -863- 284 -5727 Contact: Lee County Utilities — Tom Boyle — 404- 392 -9660 Contract Amount: $I,288,742.63 Contract Date: October 05 Completion Date: June 07 Description: 7,500 LF of 36" Ductile Iron Pipe Water Main in the FDOT right -of -way. Gilbert Southern supplied the Pipe. We worked as a subcontractor under Gilbert Southern. The owner of the watermain is Lee County Utilities Project: WW-10C Everest Outfatl Pressure Main Project # 7011834 DNH Project #1100 -05 Owner: City of Cape Coral Our Contract was with Engineer (MWH) Engineer: MWH Constructors, Inc. 2503 Del Prado Blvd, Suite 430 Cape Coral, FL 33904 Maxim Bouga (239) 458 -4729 Contract Date: January 2006 Completion Date: July 2006 Contract Amount: $1,837,400.00 Project Description: Installed 6,400 LF of 24" outfall watenmain including all tie -ins R restoration. ..0.00010..•• f0 00 t•• 0000.0 .......................9a 9a Y 0Y 00.0. t•.•.•.. 00. 00••. 0••. Y Y11000 a 00I Project: US 41 Water Main, CR951 — Manatee Rd Contract 05 -3866 DNH Project #940 -05 Owner: Collier County Purchasing Department 3301 Tamiami Trail East Contract Amount: Contract Date: Completion Date: Description: Project: Naples, FL 34112 Ron Dillard (239) 530 -5338 $1,061,835.55 October 05 June 06 l0A{ 6,500 LF of 16" Diameter Water Main & 1,250 LF of 18" Diameter Watermain in the U.S. 41 ROW Bay Point Water and Wastewater Systems Improvements FKAA Project #'s 2203 -03 & 4005 -00 DNH Project #710 -04 Owner: FLORIDA KEYS AQUADUCT AUTHORITY 1100 Kennedy Drive Key West, FL 33041 Jim Reynolds (305) 296 -2454 Engineer: Boyle Engineering Corp 4415 Metro Parkway, Suite 404 Fort Myers, FL 33916 Alfred J. Mittle (239) 278 -7996 Contract Date: April 2004 Completion Date: September 2005 Contract Amount: $5,591,535.27 Project Description: Installed 5,000 LF of watermains, 15,000 LF of vacuum main, a US] Bridge Crossing, and a $2,100,000.00 Waste Water Treatment Plant. All of this work was in the Florida Keys and included US I FDOT right -of- way work. Project: City of Layton Wastewater Management System Project # 6701863 DNI4 Project #900 -05 Owner: FLORIDA.KEYS AQUADUCT AUTHORITY 1100 Kennedy Drive Key West, FL 33041 Jim Reynolds(305)296 -2454 Engineer: Brown & Caldwell (Part of Design Build Team Contract Date: March 2005 Completion Date: March 2006 Contract Amount: $2,301,000 Project Description: Installed gravity sewer including pump stations for the City of Layton in the Florida Keys. Work included 7,000 LF of forcemain along US I FDOT right -of -way. Project: Naval Air Station — Repair Storm Water & Sanitary Sewer Systems —NAP, Key West Contract N62467-03-0282 DNH Project 9825 -03 Owner: U.S. Department of the Navy P.O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293 -2841 David Franklin (843) 820 -5733 Contract Amount: $3,654,654.00 Contract Date: November 2003 10A 3ti Completion Date: December 2004 Description: Remove, Replace, Install new Storm Water & Sanitary Sewer Systems on various Naval Properties Project: Naval Air Station — Replace Sewer — Trumbo Point — NAP, Key West Contract N62467 -01 -X -0387 DNH Project #880 -01 Owner: U.S. Department of the Navy P.O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293 -2841 David Franklin (843) 820 -5733 Contract Amount: $1,859,155.00 Completion Date: November 2002 Project: Sanitary Sewer Rehabilitation for Service District F & G DNH Project # 1125 -00 Owner: City of Key West 525 Angela Street Key West, FL 33040 David Fernandez (305) 292 -5600 Engineer: CH2M Hill 3011 S: W. Williston Road Gainesville, FL 32608 -3928 Joe Caslronovo (352) 335 -7991 Contract Date: July 7, 2000 Contract Amount: $6,994,597.15 Project Description: Installed approximately, 23,550 L.F. of 8 ", 1,870 L.F. of 10 ", 1,625 L.F. of 12 ", 2,325 L.F. of 15" and 45 L.F. of 20" of sanitary sewer and related appurtenances. Completion Date October 2002 10A Project: Naval Air Station — Lift Station Transmitter System- Sigsbee Park —NAS, Key West Contract N62467 -01 -C -2766 DNH Project 9880 -01 Owner: U.S. Department of the Navy P.O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293 -2841 David Franklin (843) 820 -5733 Contract Amount: $529,514.50 Completion Date: September 2002 kx�x *>tia,� Project: interior Electric Renovation at East Martelto Tower Monroe County, FL DNH Project #840 -02 Owner: Monroe County, Florida Contract Date: August 21, 2002 Contract Amount: $69,000.00 Completion Date: September 2002 Project: Naval Air Station — Replace Sewer —Truman Annex — NAS, Key West Contract N62467 -01 -X -0370 DNFI Project 4825 -01 Owner: U.S. Department of the Navy P.O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293 -2841 David Franklin (843) 820 -5733 Contract Amount: $1,276,321.00 Completion Date: August 2002 Project: Sanitary Sewer Rehabilitation for Service District C DNH Project # 1025 -99 Owner: City of Key West 525 Angela Street Key West, FL 33040 10 ARz; TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990, The Bidder further identifies the cost to be summarized below: TOTAL $ /y 500. Failure to complete the above may result in the Bid being declared non - responsive. Dated September 21, 2007 DOUGLAS N. HIGGINS, INC. Bidder BY: U rL Construction Document — Electronic, Revised 7.2007 GC -P -6 Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) L( F,SY) 2. 5 v u �40oO, op 3. 4. 5. TOTAL $ /y 500. Failure to complete the above may result in the Bid being declared non - responsive. Dated September 21, 2007 DOUGLAS N. HIGGINS, INC. Bidder BY: U rL Construction Document — Electronic, Revised 7.2007 GC -P -6 1 0 A 111 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in Contractor of a modified (later) commencement date substantially complete all work covered by this Bid Five (365) consecutive calendar days, computed date and including the last day of such period, and t final acceptance by the Owner within Sixty (60) Substantial Completion, computed by excluding corn last day of such period. Respectfully Submitted: State of M i elhrq itl_1_ County of Was�at,� writing, subsequently notifies the The undersigned further agrees to within Three Hundred and Sixty by excluding the commencement be fully completed to the point of consecutive calendar days after mencement date and including the oath deposes and says thaaYthe Bidder on the above Bid is being first organized a: that all statements herein made are made on behalf of such Bidder deponent is authorized to make them. that it has examined an )carefully prepared its Bid including the Contract Drawings and Specifications and before submitting this Bid; that the statements contained Construction Document — Electronic, Revised 7 -2007 GC -P -7 duly sworn on indicated and and that this also deposes and says from the Bidding Documents, has checked the same in detail herein are true and correct. EMU (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of M_, which operates under the legal name of J Ik�t.Li1l�S M( thaalo! ' Ill" and the full names of its officers are as folios: VI 0- The and out this last President Pla-tatas a ilqo Secretary Vb47 iL4e. I-Z') k-ell Treasurer 61Get1411f I -1 c)kdl Manager, [)�, l flt" A.WIIICt. &Q de'41I -1 is authorized to sign construction bids s for the company by action of its Board of Directors taken I 16, d -CA) ?. , a certified copy of which is hereto attached (strike �ntence if not applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED3f�. —� legal entity Construction Document— Electronic, Revised 7 -2007 GC -P -8 Witness r p Witness v (.) STATE OF M I C-hI IJA COUNTY OF WOS'� IWAW 1 ®A n� BY: �% .(j las lU, Name of Bidder (Type P z C a, dit Signatur V,la.-- P(e19 dip f _ Title The foregoing instrument was acknowledged before me this 2007, by O LqA uA I �L�- , as of On't a a UIt-, behalf of the corporate n. He /she is personally. —known and did (did not) take an oath. My Commission Expires: R. SUZANNE HAWKER Nolu", i'u2iitr„ 1:rasl7tenaw Count}, MI pryGo;'nni,scionrxplresMar7, Di1 (AFFIX OFFICIAL SEAL) T day of ?c- /-i corporation, on me or has produced as identification U AI { jC hit _ r 'L &)Z( L (Signatug of Notary) NAME: (Legibly Printed) Construction Document— Electronic, Revised 7 -2007 GC -P -9 Notary Public, State of Commission No.: aim, CERTIFICATE OF SECRETARY The undersigned, being the duly elected secretary of Douglas N. Higgins, Inc., a Michigan corporation, hereby certifies that the following resolution was duly adopted by the Board of Directors of said corporation at a meeting held on May 15,2007 and that said resolution is in full force and effect: "RESOLVED, That the following listed persons are hereby authorized to execute, on behalf of Douglas N. Higgins, .Inc., any and all contracts and documents." Douglas N. Higgins Daniel N. Higgins William D. Hiaains James H. Sweet Kelly A. Wilkie Dated: May 15, 2007 (WJ R. Suza e Hawker Secretary KNOW ALL MEN BY THESE PRESENTS, that we Douglas N. Higgins, Inc. (herein after called the Principal) and (herein called the Surety), a corporation chartered State of GP with its principal offices in and authorized to do business in the State of _FL firmly bound unto the Board of C (hereinafter called the Owner), and existing under the laws of the the city of Hartford are held and the full and just sum of five percent of attached bid dollars ($ 5% } good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs; and executors; administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as NCRWTP & SCRWTP Sand Separators Bid No. 07 -4187 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. Construction Document — Electronic, Revised 7 -2007 GC -P -10 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 21st_ day of September , 2007. Douglas N. Higgins, Inc. Principal BY (Seal) �Ytt)t��cCr 11ILC— f'ICS�cIPVt# Hart or cciddentd Indemnity Co. Surety (Seal) Countersigned, !�,. -�✓ utRma� M11,F. $3172"N5lf4 ON Local Resident Producing Agent for Hylant Group, 24 Frank Lloyd Wright Dr., Ann Arbor. MI 48106 Construction Document — Electronic, Revised 7 -2007 GC -P -11 Directinqu 1904 THE HARTFORD OF ATTORNEY PO g X03,6 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 calk 888- 266 -3488 or fax: 860- 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35- 350851 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws orthe State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, acorporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint, up to the amount of unlimited., Dan Hines, Heather M. Johnson, Judy K. Macklem of Ann Arbor, MI their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seats to be hereto affixed, duly attested by its Assistant Secretary, Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. yyrr,go j' O's ULI-2-749 I t9ev t 4 CIA "r ota • k<t.eW Paul A. Bergenhoitz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD a , � ? �i� David T. Akers, Assistant Vice President On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. �S a• A� c� --J /'J 44 YirrNrl � �LrtU L �'4_ f •tAtp • Scou E. Paseka Notary Public CERTIFICATE boy Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of September 21, 2007. Signed and sealed at the City of Hartford. �lrtwa 1 x �a�lus•:y« tlt'u� " w` .+.fm°'�. ,,y "b s 9P y *Q +.. yf•sn,%� ° 1970 a f979 I. t8 3919 qRO •• "W.ttO 14- }9 • +' S4f11401�f ffYl Gary W. Slumper, Assistant Vice President POA _1005 it I G A THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1, The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc, have been included. 6. Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. a. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: r Bid Number; c*Project Name; <*Opening Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise Bid cannot be considered.) ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET I)W O la's iU. 1� alm, J�0- Bidder N me Sig Title DATE; September 21, 2007 Construction Document — Electronic, Revised 7 -2007 GC -P -12 IOA CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Douglas N. Higgins, Inc. ( "Contractor ") of 2887 Tamiami Trail East, Suite 1, Naples, FL 34112, a Florida corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with NCRWTP & SCRWTP Sand Separators, Bid No. 07-4187(" Project"), as said Work is set forth in the Plans and Specifications prepared by Hazen and Sawyer, P.C., the Engineer and /or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement' and sometimes as the "Contract'). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount'), in accordance with the terms of this Agreement: one million four hundred forty two thousand eight hundred dollars and zero cents ($1,442,800.00). GC -CA -1 10 A "I Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www .fms.treas.gov /c570 /c570.html #certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within Three Hundred and Sixty Five (365) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Sixty (60) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In GC -CA -2 0 A such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand Dollars and no Cents ($1,000.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner GC -CA -3 The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Hazen and Sawyer, P.C. and identified as follows: NCRWTP & SCRWTP Sand Separators as shown on Plan Sheets G1 through G3; C1-05;M1-M4;S1-S4;11- 16;E1 -E5. Exhibit N: Contractor's List of Key Personnel Exhibit O: Stored Materials Record GC -CA -4 Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Mr. Oscar P. Martinez, P.E. Sr. Project Manager Collier Count Public Utilities Division 4370 Mercantile Ave. Naples, Fl. 34104 Email :OscarMartinez @colliergov.net Tel: 239 - 530 -6214 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Kelly A. Wilkie, Vice - President Douglas N. Higgins, Inc. 2887 Tamiami Trail East, Suite 1 Naples, FL 34112 (239) 774 -3130 FAX: (239) 774 -4266 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity 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 in excess of the threshold amount provided in S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC -CA -5 MML Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. GC -CA -6 1JA Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. GC -CA -7 ply pel L ■ S nn IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. O WITNESSES: FIRST VVINESS —,Wvd wj Ikle� Type /PriinnttNName COND WITNESS Ja✓n SWeei Type /Print Name ATTEST: Dwight E- Brock, -Clerk 9 Ilt"St as tCCft4 r+" 6 Approv6d As To FoFm and Legal Sufficienc�i OM CONTRACTOR: Douglas N. Higgins, Inc. V*te - Preszdjwf -� Ty /Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER C;amesNTY FLORID BY: C oletta, Chairman Print Name: 100 Assistant County Attorney Item# i OA GC -CA -8 10 A "I EXHIBIT A PUBLIC PAYMENT BOND NCRWTP & SCRWTP Sand Separators Bond No. 35BCSEN7460 Contract No. 07 -4187 KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc., 3390 Travis Pointe Rd., Suite A, Ann Arbor, MI 48108 as Principal, and Hartford Accident and Indemnity Company as Surety, located at 5445 Corporate Drive, Troy, MI 48007 (Business Address) are held and firmly bound to Board of County Commissioners of Collier as Obligee In the sum of One Million Four Hundred Forty Wo Thousand Eight, County, FL ($ 1,442,800.00 ) for the payment whereof we bind ourselves, our heirs, exec ed & OW personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2007, with Obligee for NCRWTP & SCRWTP Sand Separators, Bid #07 -4187 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 29th day of November 2007, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. Construction Document — Electronic, Revised 7 -2007 GC- CA -A -1 Signed, sealed and delivered in the resence of: Wifinesses,as to Principal j igjI6 Svvec+ 10A "1 PRINCIPAL Douglas N. Higgins, Inc. BY: k"- a . i Uik-c-e NAME: k ITS: U a - A4 s t rLei-7 i STATE OF M Ct?' jki- COUNTY OF Was l'7RJ1L c1J The foregoing instrument was acknowledged before 2001, by kelly 4. W,Iki,e as OOL41116S tv if7ga;✓,s_ Z47C a lt4 IGG1, corporation. He /she''is . personally known to me identification and did (did not) take an oath. me this37k day of N0✓�r1hcv y a -AWs -I 4,7 t of corporation, on behalf of the 2 has produced as My Commission Expires: (Signatu of Notary) p� u sv ur,1y, MI tey L oa,vlssion r_r.NUe;; Mar 7, Ott NAME: Pat i rer (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of P'64 +yam Commission No.: ATTEST: Witnesses to Surety Construction Document — Electronic, Revised 7 -2007 GC- CA -A -2 SURETY: Hartford Accident and Indemnity (Printed Name) Company PO Box 3001 Troy, MI 48007 (Business Address (Authorized Signature) (Printed Name) OR Itnesses 10 A' cW v 1, Ul o As Attorney in Fa (Attach Power of Attorney) Heather M. Johnson (Printed Name) Hylant Group 24 Frank Lloyd Wright Dr., J4 Ann Arbor, MI 48106 (Business Address) (734) 7410044 (Telephone Number) STATE OF MI COUNTY OF Washtenaw The foregoing instrument was acknowledged before me this 29th day of November , 2007, by Heather M. Johnson , as Attorney in Fact of Hartford Accident and Indemnity Company Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: Ay ,�0 /3 (Signature) Name: l l klG (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: MI Commission No.: Construction Document — Electronic, Revised 7 -2007 GC- CA -A -3 EXHIBIT A PUBLIC PERFORMANCE BOND NCRWTP & SCRWTP Sand Separators Bond No. 35BCSEN7460 Contract No. 07 -4187 KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc., 3390 Travis Pte. Rd., Suite A, Ann Arbor, MI 48 Cgs Principal, and Hartford Accident and Indemnity Company I as Surety, located at 5445 Corporate Drive, Troy, MI 48007 (Business Address) are held and firmly bound to Board of County Commissioners of Collier County, FLas Obligee in the sum of One Million Four Hundred Forty Two Thousand Eight Hund Hun ed Dollars and 00 /100 ($ 1,442,800.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 2007, with Obligee for NCRWTP & SCRWTP Sand Separators, Bid No. 07 -4187 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. Construction Document — Electronic, Revised 7 -2007 GC- CA -A -4 °-1 . ,, This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 29th day of November , 2007, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in th6-presence of: PRINCIPAL Douglas N. Higgins, Inc. Zt BY: Lie U y Cl . Lc1 �u as to Principal �! mef Swee ll NAME: 2 i u Y1. w, l ITS: Via —Pneo k.vtt STATE OF AA i OJ1 COUNTY OF lAlttfh C�a The foregoing instrument was acknowledged, before me this �� n day of Nov ew �,ee , 2007, by ke IN R- k I tic , as Vice- i "QS,Cr�Glt of OntqIct3 N "qqirls L-7c a M +cMi corporation, on b alf of the-corporation. He /she is personalIV known to me OR has produced as identification and did (did not) take an oath. My Commission Expires X2 0611a IG,v� tit R. S. jz S E 44�t! "1'n.Fri �o F n„ v.ret (Signature Ntt, Ccr):nis'sion t:,,pire& dnar 7, 2'J76 Name: ,�. 3uznne leer (Legibly Printed) (AFFIX OFFICIAL SEAL) Construction Document — Electronic, Revised 7 -2007 GC- CA -A -5 Notary Public, State of: M Commission No.: im- t r ATTEST: SURETY: Witnesses as to Surety " OR „"` n sses STATE OF COUNTY OF ME Washtenaw Hartford Accident and Indemnity Co. (Printed Name) PO Box 3001 Trov. MI 48007 (Business Address) (Authorized Signature) (Printed Name) As Attorney in Fact (Attach Power of Attor y) Heather M. Johnson (Printed Name) Hylant Group 24 Frank Lloyd Wright Drive J4100 Ann Arbor, MI 48106 (Business Address) (734) 741 -0044 (Telephone Number) The foregoing instrument was acknowledged before me this 29th day of November ,2007, by Heather M. Johnson as Attorney in Fact of Hartford Accident and Indemnitv,Gb. Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification 'and ��who ddiidr "(did' not) take an oath. My Commission Expires: Nd y CZ0 /6 ljt � - /U cc ct 0 (Signature) / Name: A r 1Vl ✓S� (Legibly Printed) (AFFIX OFFICIAL. SEAL) Notary Public, State of: MI Commission No.: Construction Document— Electronic, Revised 7 -2007 GC- CA -A -6 Direct Inquirie$/Claiims to: POWER OF ATTORNEY P.O.B X2 o �ASYUMADVENUUE HARTFORD, CONNECTICUT 06115 _.,. call: 888 - 266 -3488 or fax: 860 - 757 -5835 JW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35- 350851 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford underwriters Insurance Company, a corporation duly organized under the laws of State of Connecticut Twin City Fire Insurance Company, u corporation duly organized under the laws of the Slate of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the state of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the Stale of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint, up to the amount of unlimited: Dan Hines, Heather M. Johnson, Judy K. Macklem of Ann Arbor, MI their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Tl� � 108 �Y /w'ee�� /''f'e•.� .ArrW. ,,Y r..� � L90 t %IA^•aji ifowv^w�b �+ .... 4sINN 1 =: 1 9 i 1 9� S 79T9 °�...�¢y� '•j� , // /� attellNi/N�[Q�,' _, ��t /4e /MQ +�j�/ J'+YA Y Afe\ • �Y rlll.91 /] /mA' __ Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT SS. COUNTY OF HARTFORD On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ((// ►uww CERTIFICATE I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of November 29, 2007. Signed and sealed at the City of Hartford. w �i taev a • s * ,y ��• w\ �' • q•IW .� SD T9 IL79 �j 9Is IST9 uAp \T} �� rug �tw• \4 f- �O 1i,'*, ., � �Y}YA 11 \� � 331.eHe YAIY.• L Gary W. Stamper, Assistant Vice President noA Loos From: (Caren Collins At: Hylanl of Ann Arbor FaxID: To: Cheryl Date: 12/fy O OA9 PM �a�d:'� of 2 acoRD CERTIFICATE OF LIABILITY INSURANCE OPID DID U HIGGI -5 12/18/07 TODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hylant Group - Ann Arbor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 24 Frank Lloyd Wright Or J4100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ann Arbor MI 48105 Phone:734- 741 -0044 Fax:734- 741 -1850 (INSURERS AFFORDING COVERAGE NAICR FIGURED I INSURER A: American Casual t Com an 020427 INSURER D: Transportation Ins. Co. 020494 Douglas NI Higgins, Inc. INSURER centL tL eu.lty conparY 020443 3390 Travis Pointe, Suite A INSURER D, Columbia Casualty Company 31127 Ann Arbor MI 48108 �wsURFR E Valley Forge Ins. Co. 020508 COVERAGES , T I POLI CIL ^u OP INSURANCE LISTED BELOW RAVE DEEN ISSUED TO T IF INSURED.NAVED ABOVE FOR T Ii- POLICY PERIOD I40ICATED. NOTWITHSTANDING ANY AFOUIRE.MENT T= RV OR COL^.JITION OF ANY C.ONI FACT OR OTHER DOCUMENT WITH RFSPFCT TO WHICH THIS CERLIFICA.TF MAY HE ISCUFD OR MAY PERfAIN, 111E WSURANCE A� I ORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL 1Hc 1 F RVS, FXCLUSIOS": CONCITI ONS OF SUCH POLICIES. AGGREGATE LI V.ITS S1 OWN tV V HAVE BEEN R'cDUCED BY PAID C�AIWS. ILTR MTErt NSR TYPE OF INSURANCE POLICY PLUMBER DATE Lllt /C� DS 1� DATE (A MIDDM)) 111411 GENE I L LIABILITY EA.CII OCCURRENCE 3 1, 000, 000 A X X CDILVERCIA. GFNERAL LIABILITY C161922047 12/10/07 12/10/08 FREMIEEG (Ea owurenec) $200,000 CLAIMS MADE I $ -.I OCCUR _._ NED EXP (An .. yor A a.) — . - -_......_.... ........ $ 15,000 PERSONAL GADV INUWRY 51,000,000 X Includes XCU X Contractual Liab GENERAL AGGREGATE-- 82,000,000 GEH'I. AGGREGATE LIMITAPPLIES PER PRODUCTS- COMP /CP AUG 52,000,000 POLICY X JECT LOC — E AUTOMOBRE LIABILITY r-Ny AW0 C161922033 12/10/07 12/10/08 COUSIN-0 SINGLE LIMIT (Ea ex:cpr:D 31,000,000 1xx !4L OWNED ALP US SCHEDULED A;JTOS 30r1nr ') (Per person) 3 BODILY INJURY (Per �pc;etm) HIRE DAUTOS NON- cWNEDAVres PROPERTY ¢4V.AGE ftbr a<:Iaerdl $ GARAGE LIABILITY AUTO ONLY "EA ACCIDENT $ OTHER THAN EAACC $ AM AUTO NUTO OM.Y' AGG $ E£CESSAIMRRELLA LIABILITY EACH OCCURRENCE ;10,000,000 H X OCCUR ❑CL-AIMS td-DE 0161922050 12/10/07 12110 108 AGGREGATE 510,000,000 $ DED'JCTI(iF 5 X RFrNrION I10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPR130RIPARTN,-R /FKFC.t TIVE WC161922016 12/10/07 12/10/081 X iOflY 1.IMITG ER E.L. EACHACCIZENT S500,000 E.L. DISEASE - EA EKP_OVEE $500,000 OFFICFTVMEwBER EXCLUDED? Il' d.'. he urtleT SPECW. PROVISIONS Her. E L UL.EAGE - POLCY LIMIT 131,000,006 OTHER D Professional and CZB276202771 01/03/07 01/03/08 2,000,000 Pollution Liab 25,000 ded DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUS10115 ADDED BY ENDORSEMENT SPECIAL PROVISIONS Job - Contract #07 -4187 IINCRWTP & SCRTTTP Sand Separators. Additional Insured for General Liability Collier County Board of County Commissioners, Naples, FL CERTIFICATE HOLDER CANCELLATION COLCO02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CA14CELLSO BEFORE THE EXPIRATION DATE THEREOF. THE II INSURER WILL ENDEAVOR TO MNL 30 DAYS WRITTEN Collier County Board of NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, DUT FAILURE TO DO SO SHALL county Commissioners IRIPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGEIITS OR 3301 Tamiami Trail East Naples FL 34412 REPRESENTATIVES. 10A" IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 10A I,-- EXHIBIT B INSURANCE REQUIREMENTS o CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida. as described in the attached Contract Insurance Requirements form. o The OWNER shall procure and maintain property insurance upon the entire Project, if required, to the full insurable value of the Project. The property insurance obtained by OWNER shall, at a minimum, insure against the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the Contract Documents o OWNER and CONTRACTOR waive against each other and OWNER's separate CONTRACTORs, Design Consultant, SubCONTRACTORs, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. CONTRACTOR and OWNER shall, where appropriate, require similar waivers of subrogation from OWNER's separate CONTRACTORs, Design Consultants and SubCONTRACTORs and shall require each of them to include similar waivers in their contracts. • The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. • CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in this Article 3, and certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address (if any). • The General Liability Policy provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interests provisions. • Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE - -The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida o The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and GC- CA -B -1 on endorsements or their equivalents. If CONTRACTOR has any self- insured retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be CONTRACTOR's sole responsibility. o Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. o The CONTRACTOR and /or its insurance carrier shall provide 30 days written notice to the OWNER of policy cancellation or non - renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. o Should at any time the CONTRACTOR not maintain the insurance coverage's required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the CONTRACTOR for such coverage's purchased. If CONTRACTOR fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR. The OWNER shafl be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. o If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the OWNER, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificate(s) shall be considered justification for the OWNER to terminate the Agreement. GC- CA -B -2 Ci0 T C014nty COLLIER COUNTY GOVERNMENT CONTRACT INSURANCE REQUIREMENTS 10A t GC- CA -B -3 TYPE LIMITS (Check) X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government St tutory Limits and Re uirements X Employer's Liability $500,000 X $1,000,000 Commercial General $500,000 per occurrence X $1,000,000 per occurrence Liability (Occurrence Form) bodily injury and property bodily injury and property patterned after the current damage damage ISO form with no limiting endorsements. Airport Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage Han arkee ers Liability $500,000 per aircraft $1,000,000 per aircraft Aircraft Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage Business Automobile $500,000 per occurrence X $1,000,000 per occurrence Insurance bodily injury and property bodily injury and property damage damage Pollution Liability Insurance $500,000 per occurrence X $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage Builders Risk Insurance OWNER Will Purchase-Replacement Cost- All Risks of Loss INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor/Vendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor /Consultant or anyone employed or utilized by the Contractor/Vendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE - -The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. Thirty (30) Days Cancellation Notice required on Agreements. The contract name and number shall be included on the certificate of insurance. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability and /or Airport Liability where required GC- CA -B -3 0 N C n 0 p 0 0 3 1 m n 0 n 7J N N 0 J C7 n D D N 1OA £ 3 T z ° m x _ d m m m �o 0 m H o 0 0 � � C F o ti a a o M A O ~ O'3 C Z � N 7 N O 7 O,< m Nx N m < m D m _ r o o m c m c r i i o m 0 0 �o li s Am c < � N Do n o ti N f m'm m D v m C 10 O m y �O 0 - D m m m ^ m < III° - = m r m m A x y z N o� a o � n.d m M 0 O o A A 3 3P Dm r N o o _ c ti 0 O 3 0 O y 3 o w O i y 0 O - o > D r A m D m H m g r v � m o m 0 - _ m 0 Ov J o ; m r - m m -1 m 2 y TO: Project Name: Bid No. : Change Order No.: Change Order Description 10A EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount ............................. ..............................$ Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Design Professional Accepted by: Contractor Approved by: Department Director Approved by: Division Administrator Approved by: Purchasing Department GC- CA -E -3 Date: Date: Date: Date: Date: Authorized by Director (For use by Owner: Fund Number: ) Cost Center: GC- CA -E -4 Date: Object Code: 10A,. Project 4,. OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To ER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Construction Document— Electronic, Revised 7 -2007 GC- CA -F -1 10A The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 2007 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 2007 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 2007 OWNER By: Type Name and Title Construction Document — Electronic, Revised 7 -2007 GC- CA -F -2 Bid No.: _ Contractor: EXHIBIT G FINAL PAYMENT CHECKLIST 1►Gi The following items have been secured by the for the Project known as IA 2007 and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: Construction Document — Electronic, Revised 7 -2007 GC- CA -G -1 (Company Name) (Signature) (Typed Name & Title) By Design Professional: By Owner: Construction Document — Electronic, Revised 7 -2007 GC- CA -G -2 (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) , 1 0 Ai= EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: Construction Document — Electronic, Revised 7 -2007 GC- CA -H -1 10A those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. Construction Document — Electronic, Revised 7 -2007 GC- CA -H -2 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. Construction Document — Electronic, Revised 7 -2007 GC- CA -H -3 M 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. Construction Document — Electronic, Revised 7 -2007 GC- CA -H -4 1 0 A I 4.7 Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. Construction Document — Electronic, Revised 7 -2007 GC-CA-H-5 i1M 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of Construction Document — Electronic, Revised 7 -2007 GC- CA -H -6 1 � substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing, The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. Construction Document — Electronic, Revised 7 -2007 GC- CA -H -7 10A 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall Construction Document — Electronic, Revised 7 -2007 GC- CA -H -8 M, faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. Construction Document— Electronic, Revised 7 -2007 GC- CA -H -9 10A 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or Construction Document — Electronic, Revised 7- 2007GC- CA -H -10 10A sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure copies of which are available in the County Attorney's Office or Purchasing Department. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor Construction Document — Electronic, Revised 7- 2007GC- CA -H -11 1 or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party Construction Document — Electronic, Revised 7- 2007GC- CA -H -12 10A for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be Construction Document — Electronic, Revised 7- 2007GC- CA -H -13 10A bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion Construction Document — Electronic, Revised 7- 2007GC- Cif -H -14 10 A `e l,, of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written Construction Document — Electronic, Revised 7- 2007GC- CA -H -15 1 notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if Construction Document — Electronic, Revised 7- 2007GC- CA -H -16 s. 0 A l they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct Construction Document — Electronic, Revised 7- 2007GC- CA -H -17 i the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared _ who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 2007 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. CONTRACTOR BY: ITS: DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2007, by , as of , a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: NAME: (AFFIX OFFICIAL SEAL) Construction Document— Electronic, Revised 7 -2007 GC- CA -C -1 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: NA r, 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. Construction Document —Electronic, Revised 7- 2007GC- CA -H -19 I YYU IVQI I 1C IIUC) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Construction Document— Electronic, Revised 7 -2007 GC- CA -D -1 10A 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Construction Document — Electronic, Revised 7- 2007GC- CA -H -20 Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. Construction Document — Electronic, Revised 7- 2007GC- CA -H -21 10A 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all . necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such Construction Document — Electronic, Revised 7- 2007GC- CA -H -22 M substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to Construction Document — Electronic, Revised 7- 2007GC- CA -H -23 I. discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments, and are available on -line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment Construction Document — Electronic, Revised 7- 2007GC- CA -H -24 10 A included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. Construction Document — Electronic, Revised 7- 2007GC- CA -ii -25 10A All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two Construction Document — Electronic, Revised 7- 2007GC- CA -H -26 IM years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal /Approval Logs 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request Construction Document — Electronic, Revised 7- 2007GC- CA -H -27 Il 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost - Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built' Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. Construction Document — Electronic, Revised 7- 2007GC- CA -H -28 ttriEiYii i SUPPLEMENTAL TERMS AND CONDITIONS �. The Notice to Proceed will be issued only after the following documentation has been submitted to Owner: a. 1,10mi -fete contractual documents, including payment and performance bonds and insurance certificate; D. clog reS3 sc- le iuie, wI1Ic1I srla" uNize the Lrlf l:al Pain lie -Mod Di scheduling and Microsoft Project; G. Submittal schedule; d. Draw (funding) Suleduie, whiCii 'shah uorisisi of a iiioniffily projection of the value of the work to be completed and materials stored for the entire duration of the project; e. Safety Program /Risk Management Program; 1. Quality Assurance /Quality Control Program; and g. Security Plan L. T i C'r'fvi 0clediiie and uiaw 0cileuii1 Si:aii be upda 'teu' rirontiriy alto submitted with each Contractor Application for Payment. If both items are not su Li ILL U with r�D lice 'tioil for ra riieil 't, 'that "' [' Y Payment will De withheld until both items are received and accepted by the Owner and Engineer. 3. Ail engineering site plans and drawings referencing a specific geographic area must be submitted in an AutoCad 14 or later format drawn in the Florida State Diane Last ((Jo— 'Feet) Coordinate System. i he drawings should either reference specific established Survey monumentation, such as Certified Jec-tion Gorners (Hall of \,(llal Lel C7etaiollS ale —So accept —:e), or De derived from the RTK(Real -Time Kinematic) GPS Network as provided by the Collier County Transportation Division. TPA #1 95 3 6 3311 GC CA -1 -1 10A EXHIBIT J TECHNICAL SPECIFICATIONS Construction Document— Electronic, Revised 7 -2007 GC- CA -J -1 Ioa EXHIBIT K PERMITS Construction Document — Electronic, Revised 7 -2007 GC- CA -K -1 IO Q EXHIBIT M PLANS AND SPECIFICATIONS Construction Document— Electronic, Revised 7 -2007 GC- CA -M -1 10A EXHIBIT L STANDARD DETAILS Construction Document — Electronic, Revised 7 -2007 GC- CA -L -1 W i 0 U m Q (0 E O LL v O N ot W N Q R LU O J O ml � W W I QI Q U U M 0 w N C R C A m 0 'fl O d � ova N yi c L T 'O 7 N U O > N c CL- v o c _ m m'ma N N T CD 7 Q O' '> d a`12 0 � V D O E c Z d 3 m c 0 Y v d Q d Y R 0 Q U U M 10A EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Construction Document — Electronic, Revised 7 -2007 GC- CA -N -1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO (� THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU ❑ 0 Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and on gin at documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excentinn of the Chairman's sumature. draw a line throueh routine lines #1 throueh #4_ complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date I. 37 t iR 0C� (Initial) 5 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number 3. ; signed by the Chairman, with the exception of most letters, must be reviewed and signed g a 4. n Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the pri mary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff (� Phone Number N/A (Not Contact 37 t iR 0C� (Initial) 5 Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed g a Type of Document n Number of Original Attached / (G56CUTT0ij C Documents Attached INSTRUCTIONS & CHECKLIST I Forms/ County Forms'/ BCC Forms/ Original Docurnarts Routing Slip W WS Original 03 .04, Rcvised 1.26.05. Rcviscd 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, �( resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Y Office and all other parties except the BCC Chairman and the Clerk to the Board N�t 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on_jU37QQ (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I Forms/ County Forms'/ BCC Forms/ Original Docurnarts Routing Slip W WS Original 03 .04, Rcvised 1.26.05. Rcviscd 2.24.05 RESOLUTION NO. 2007- 326 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, INCLUDING PORTIONS EAST ON WHITE BOULEVARD AND WEST ON PINE RIDGE ROAD (PROJECT NO. 68056.) WHEREAS, the Board of County Commissioners (Board), on June 7, 2005, adopted Ordinance No. 2005 -25 therein establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; 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 Main Canal to Golden Gate Boulevard (Project No. 68056) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the expansion of Collier Boulevard from four lanes to six lanes from the Golden Gate Main Canal to Golden Gate Boulevard, and the expansion of portions of Pine Ridge Road and White Boulevard, east and west of Collier Boulevard, is necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the expansion of Collier Boulevard from Golden Gate Main Canal to Golden Gate Boulevard, and the expansion of portions of Pine Ridge Road and White Boulevard, east and west of Collier Boulevard, Project No. 68056 (hereinafter referred to as the "Project "), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. 2. The construction of the Project is an integral part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. s H H N r? v1 .y O �+ o o� y .v o �s m m .P a S O O 0 �o °= o do "a o y A z m N 0 n n ae o r^d C V J i UK> W �m as M 3. It is necessary and in the best interest of Collier County for the Board to authorize the acquisition of right -of -way in either fee simple, or as easements for roadway, drainage and/or utility purposes, as well as temporary construction and driveway restoration easements, and stormwater retention and treatment pond sites in fee simple within the Project corridor, in the locations collectively represented on Exhibit "A" attached hereto and incorporated herein, as best suits the needs of the project; and the County Manager or his designee is hereby authorized and directed to acquire said right -of -way and stormwater retention and treatment pond sites by either gift or purchase. 4. The Board hereby directs the County Manager or his designee to make purchase offers to property owners based upon appraisals prepared for Collier County by licensed real estate appraisers. o 5. In view of the differences of opinions between real estate appraisers as to owner -P property w 0 compensation estimates, and in view of the cost of condemnation, the Board hereby authorizes N v the County Manager or his designee to approve right -of -way, easement, and stormwater retention and treatment pond site purchases where the property owner has agreed to sell the required land � rights to the County at, or up to twenty five percent (25 %) above, Collier County's appraiser's estimate of full compensation to the property owner, with the maximum approval authority not to exceed $50,000 over the County's appraiser's estimate of full compensation. Such purchase approvals are hereinafter 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 appraiser's estimate of full compensation shall require separate Board approval. 6. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of the Project, upon the approval of the Office of the County Attorney as to form and legal sufficiency, to execute Easement Agreements and Purchase Agreements for right -of -way and/or stormwater retention and treatment pond sites, where the property owner has agreed to sell the required land rights to the County at its appraised value, or within the Administrative Settlement provisions of Paragraph 5 (above); and the Board hereby authorizes its present Chairman, and any subsequent Chairman for the life of the 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 purpose as may be required. -Page 2- s' Said Administrative Settlement authority is delegated by the Board to the extent that such delegation does not conflict with the provisions of Section 125.355, Florida Statutes. 8. Where the property owner agrees to convey a necessary interest in real property to the County, through the execution of a "Purchase Agreement" or "Easement Agreement," and upon the proper execution by the property owner of such legal instruments as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, and/or to make wire transfers, payable to the property owner(s) of record, and to others who may possess an equitable interest in the subject right -of -way parcels or stormwater retention and treatment sites, in those amounts as shall be specified on a Closing Statement. 9. All title to real property which has been obtained in the manner described above shall be 0 deemed "accepted" by the Board of County Commissioners, as the governing body of Collier .A County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby o r.� authorized to record in the Public Records of Collier County, Florida, deeds, easements or other 47 instruments as may be required to remove the lien of any encumbrance from the acquired 0 properties. This Resolution, adopted on this 15 TO- day of puc erg , 2007, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT'S; $WCK LER�K,(� OF COLLIER LINTY L IDA By: West es t0 JAWS COLETTA, CHA AN t wjnpw s vignaturt -oalm s. Approved as to form and legal sufficiency: II �L Ct / c /(0 Heidi F. Asthon -Cicko Assistant County Attorney -Page 3- Item # Agenda Date Gate ExHsrr-A-IQ B Paw.J. of_L_ Collier Boulevard Vicinity Map, Project #68056 0 w 0 r.� 4 ORI�� / . _ - _ - � : � 10 ACCOMPANY ALL ORIGINAL DOCUNIENTS SI7.,NT1:0 T/IF! ROARD OF COUNTY CONIMISS&ONERS OiFFICF. FOR S&C;NATK]RE ROUTING SLIP u,nr|w,mu.mom`v^i,/ *m"uxm��mmpnm*ovuom^onmuu,xm^u,um�.00mo,mmnx^�m,�o�. /r the�cummtis��u ymmn/uuwimou ruo� m eotto.s a Itnii th ` o * z / din utcu .lyvirfomar0 to din ,', m I E'',,, ('ouritv Attorney Office I county Atiorne‘ ()ince I ii | \. �-�° �e`` L :'vn^h /x' pn,nap umlmn i� &c [cmm who `nm*»p^pazu m' ru,u,,c xuzna'x *imun c"mu/ `nm:mu*" u ve.:Je m n' ,\ 'm on, rru.c stall ona:^on| . 1 Name of Primaty Staff 1 Michelle L. SINeci l Phone Nuinher i 252-6027 -t- i pi;si aandlar or account = INSTRUCTIONS & C]NECK�~N][ initial the Yes column or mark^N/&^ n the Not Applicable eohrjnrr, whichever is Yes NA\ (Not appropriate. (Initial) &ppUcuNc) I. Qou:the document require the chairman's original signature? �/� 2. rloes the do.unlent ticed to be sent to another agenc\ for additional signdunes'? |fyes` provide the Contact information (Name: kfeooy: Address, Phone)on an attached sheet/ y 1 Original document has been signed nit alesl for legal sufficiency. (All documents to be signed t}the Chairman, with .be exception of most letters, must be nrieNvcd and signed by the Office of the County Auurocy 4 A i I hand wr i I i en strike-through and revisions have been initialed by the(..ounty Attorney's 011ie(' parties C except ' [` f' /* I he Chairman's signature line date has been entered as the date of BCC approval c;ftlic � dncum*ntor/he od negotiated cmnouutd��"/hichcv_risopp!icxh|r� /^� 0. -Sign hco-bbsaru placed no the appropriate pages indicating where the Chaionno'u /. yignumnmnd io(ho}s are nquiud. /~/ 7. in most eases(sole contracts are an exception),the original document ond this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. t. /4 Some documents are time scnyiz)v,:and require forwarding/o Tit Unhussez ni/hin aceunin time frame or the BCC's actions are nullified 0m aware of your deadlines! 8. 'Flit document %\aS approsed h% the B('C on //\ /»,,(enter date)and all changes made / / N/A is not during the meeting have been incorporated in the attached document. The County f:' ' an option for Attornt'r's Office has reviecd the changes, it'applicable, this line. 0. initials of attorney verifying that the attached document is the version approved ty,) ihe N/A is no O( C,al! changes dircc/edbydc8[{ hovcbcconado,und|hudocomeo/ isrcod> For the an optio n for Chairman's signature. this line. 10BI ITA1 NO.: DATE RI:CEIVI:D: TILE NO.: ROD IEDTO: 1 f+ ,_, REQUEST FOR LEGAL SERVICES DATE: May 29, ")014 TO: Office of the County Attorney FROM: Michelle L. Sweet, ARWP, Property Acquisition Specialist, Growth Management Division —Construction and Maintenance Transportation Engineering— Right-of-Way Acquisitions Phone: (239) 252-6027 E-mail: MichelleSweetrn?Colliergov.net RE: Easement Agreement with Zivich Project No. 68056 Parcel No. 159"l'CE BACKGROUND OF REQUEST: Easement is needed for the Collier Boulevard Project. An Offer letter in the amount of $260.00 was forwarded to the owner. The owner contacted TECM and agreed to the offer amount. The title search shows the property is unencumbered. This item HAS been previously submitted as 14-ECM-01832. ACTION REQUESTED: Please review and approve the attached Temporary Construction Easement Agreement. Thereafter, kindly forward same to the Board for the Chairman's signature. Thank you! �+ C"d ° - 0 ✓ C tu4:111 vj, v f twy-, it O B PROJECT: 68056 Collier Boulevard PARCEL No(s): 159TCE FOLIO No(s): 36617720006 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this -); day of ncc , 2014, by and between PETER ZIVICH and JOYCE M. ZIVICH, husband and wife, whose mailing address is 2101 Tama Circle, Apt. 102, Naples, FL 34112 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, the County requires a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as "TCE"), which is attached hereto and made a part of this Agreement, for the purpose of constructing roadway, sidewalk, drainage and utility facilities within the public right-of- way immediately adjacent thereto; subject to the restrictions contained herein; and WHEREAS, the Owner desires to convey the TCE to the County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the County has agreed to compensate the Owner for conveyance of the TCE. 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the TCE to County for the sum of $260.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the (('n< 10B Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the TCE, the execution of such instruments which will remove, release or subordinate such encumbrances from the TCE upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Temporary Construction Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller. 5. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. Owner agrees, represents and warrants the following: 1 0 B (a) Owner has full right, power and authority to own and operate the property underlying the TCE, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the TCE shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the TCE or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the TCE or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the TCE, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the TCE. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the TCE or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the TCE which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the TCE to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the TCE and not to do any act or omit to perform any act which would change the physical condition of the property underlying the TCE or its intended use by County. (h) The property underlying the TCE, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, 1013 stored, treated or transferred on the property underlying the TCE except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the TCE to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the TCE; b) any existing or threatened environmental lien against the property underlying the TCE; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the TCE. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 6(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. County shall pay all fees to record any curative instruments required to clear title, and all TCE recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the TCE; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." Furthermore, in accordance with the exemptions provided for in Section 201.01 , Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 9. The term of the TCE shall commence upon the issuance of Grantee's official Notice to Proceed to its roadway contractor for the construction of the Collier Boulevard Project, and shall automatically terminate 1,095 days therefrom. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. j� i 1OB 11. If the Owner holds the property underlying the TCE in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the TCE before the TCE held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. Conveyance of the TCE, or any interest in the property underlying the TCE, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 13. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 14. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: f)∎0.)�-i` , �cf� ATTEST^:" - BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNT , FLORIDA dt �' ✓ B ' /:-, Deputyr lerk TOM HE G, C an Att•st as-to C. iirman's y. signature only. 108 AS TO OWNER: DATED: ni,03 -) ,i_ot,t '' ' Wi ("Signature) PETER a,e RoSC (f Name (Print or Type) .... Wi ness (Signature) JO ,CE . ZIVICH ,/ Name (Print or Type) Approved as to form and legality: f -\ • ) Assistant County Attorney Last Revised. 6/3/2013 r k F--- TRACT 113 g . Y II .§ I ' PROPOSED TEMPORARY ?� Y CONSTRUCTION EASEMENT • PARCEL 159TCE 70 NORTH 150' OF TRACT 114 750 SO FT ZIVCH & ZIVCH CC OR 1290/1985 J O/ 0 6 100' WIDE • 100' WIDE TRACT 114 PER PLAT J ' PER PLAT GOLDEN GATE ESTATES UNIT 1 S PLAT BOOK 4, PAGE 73 HAITIAN BLTHCSDA BAPTIST CHURCH I( , 1 T. OR 5645/1617 w li , 26+00 2.7+00 ).J=1 5TH AVE. S.W. TEMPORARY OFFICIAL RECORDS (BOOK/PAGE) CONSTRUCTION EASEMENT I ' PROPOSED 5 TEMPORARY CONSTRUCTION EASEMENT J PROPOSED RIGHT 7 WAY DURATION ? YEARS. 1 [RIOTING RIGHT OF WAY DEDICATED TO THE °ERPE'UAL USE .. OF THE P.;U'_IC PER PLAT (TOOK 4, PACE 73 LEGAL DESCRIPTION FOR PARCEL 159TCE • A P0'. ON 'JP TRACT 114, CDI );.N GATE FOODTEE, UNIT 1 AS RP CORDED IN AT HOOK 1, Y'n,E - 1111 1.■t_C F C'-)R0R OE COIL 1ER COUT,EY, F LOP.DA, YINC BT SECTION 0 TY7 N STIE 40 S 10 k HANGj 26 _ASI U,IU.,''P CUUN Y 1-L■ - SA BEING 001,E PAP'.CUTA DE'S 01 TLD A OLL IWS. 0501 L' .-IH. EAS1 40 -LF i OE --1E NORTH ELI I EL. OF S,_ A7(1 4 J ,Ta tJ ,,.'rJ fr.-T, L J7 SS_ // 4,E1 .....,....724/v/ uC A.. A W>RI [ SS'OUl ,.,k,FrOk SKETCH & DESCRIPTION ONLY eiCR DA kn:S,r Fite,,r_ .. ,.1.,1 NO' A BOUNDARY SURVEY SCALE 1%80' 5,"a.G '1111. 1)ev e•OL.7 Se t,r.A, A,..,'E h A1 EI ■.lp'S:,)Sf A. OF 1 CF' C:;.IF CO'„:P1 ;;0','1 4.,_N, ■ .'DI,.T`" .6 ;.,,Li?'; A t K l COLLIER 130ULE�'ARD T ! LNC. ` ` Nlamt n F SKETCH & DESCRIPTION OF: Vss,,,1uamal CONSULTING CSrll liy%inaing PROPOSED TEMPORARY CONSTRUCTION EASEMENT 1%. V Li 1 San+yin+k Stapling 6610 W[low 199,0:1,,,Se to 200 PARCEL 159TCE Nap,no.,ea 34109 I't,one(239)5970',7,5,1-A%'(0)91507 0576 COLLIER COUNTY, FLORIDA 11100 (,,,`,2 - 0).. ,11,,.411)7 1 60:0 .._1''3 (,N". 1 F' RA ;0 _.,A'L_ DA'. DRAW'. LH 11_1 .AOL 1_.''')' ` OC4M ..bji 10 •9 .,S = 00' 0-24 -0l SD 051 060) ICE 1\ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in tooling order) Office Initials Date 1. appropriate. (Initial) Applica ble) 2. 11/13/2007 Agenda Item Number JOB 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed Yes 4. Easement Agreement Number of Original One 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Margaret Kreynus Phone Number 252 -5846 Contact appropriate. (Initial) Applica ble) Agenda Date Item was 11/13/2007 Agenda Item Number JOB Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Yes Type of Document Easement Agreement Number of Original One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST Please scan under Collier Boulevard as Parcel 134RDUE in the BMR Real Property folder. Thank you. I: Forms / County Forms/ BCC Forms'/ Original Documents Routing Slip W WS Original 9 0304_ Revised 1 26.05. Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed Yes by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 4. `Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes signature and initials are required. CC11 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. Please scan under Collier Boulevard as Parcel 134RDUE in the BMR Real Property folder. Thank you. I: Forms / County Forms/ BCC Forms'/ Original Documents Routing Slip W WS Original 9 0304_ Revised 1 26.05. Revised 2.24.05 MEMORANDUM Date: April 15, 2008 To: Margaret J. Kreynus Senior Acquisition Specialist From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Purchase Agreement- Collier Bouldvard ( #68056) Parcel # 134RDUE — Robert M. Jones Attached, please find the original above referenced document (Agenda Item #10B), which was approved by the Board of County Commissioners on Tuesday, November 13, 2007. The original document has been retained by the Minutes & Records Department as part of the Board's permanent record. If you have any questions, please contact me at 252 -7240. Thank you, Enclosure MEMORANDUM DATE: April 9, 2008 TO: Ms. Sue Filson, Executive Manager FROM: 'Margaret J. Kreynus, Senior Acquisition Specialist RE: Purchase Agreement Collier Boulevard, #68056, Parcel No. 134RDUE Robert M. Jones Attached is a copy of the Easement Agreement in the amount of $33,881.76 ready for execution by Chairman Ton Henning. This represents a settlement in the amount of the County's offer. The Board of County Commissioners on November 13, 2007 under Agenda Item No. lOB, approved Resolution No. 2007 -326 that authorized the acquisition of fee simple right -of -way and related easements required for the expansion of Collier Boulevard, and further authorized its Chairman to execute various Agreements on behalf of the Board. Please ask Chairman Henning to execute the attached Easement Agreement on behalf of the Board of County Commissioners and forward to the Clerk of Minutes and Records for attestation. Thank you. 1� r PROJECT: 68056 PARCEL: 134RDUE FOLIO: a portion of 37994800004 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this q _ day of �e , 2008, by and between ROBERT M. JONES, whose mailing address is P. O. Box 595, Naples, FL 34106 -0595, (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser "). WHEREAS, Purchaser requires a perpetual, non - exclusive Road Right -of -Way, Drainage and Utility Easement to enter upon and to install and maintain roadway, bikepath and sidewalk improvements, drainage structures, including but not limited to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, various types of water control structures and any and all manner of public and private utility facilities, including the right to remove and use any and all excavated material, over, under, upon and across the lands described in Exhibit "A ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement "); and WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of: $33,881.76 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Property, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents ") on or before the date of Closing: Page 2 (a) Road Right -of -Way, Drainage and Utility Easement; (b) Closing Statement; (c) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W -9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and /or title company. 4. Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner agrees to relocate any existing irrigation system located on the Property including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and /or landscaping ( "Improvements ") located on the Property, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Owner acknowledges that Purchaser has compensated Owner for the value of the Improvements and yet Purchaser is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the Easement or any portion thereof. Page 3 (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by Purchaser. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. Purchaser shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and all costs and /or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance - holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the Page 4 provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 11. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to Purchaser. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 13. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 14. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER:: DATED: �O 0 >n ATTtSTa P,WI ^GH(T• E'. BOCK, Clerk ��n. -.�� Att"V s t0 , t ty Clerk signatwe onl h BOARD OF COUNTY COMMISSIONERS COLLIELCONT Y, F RIDA BY: TONE airman AS TO OWNER: DATED:pp Witness (Sign ure) Fiedcdd . Pauid Na e (Print or Type) fitness (Signature) James H. Siesky Name (Print or Type) Approved as to form and legal uff iciency: Cc Assistant ounty Attorney Last Revised 8/10/07 ate: � ROBERT MJOKWES Page 5 W TF,ACT 1 SO FOWPISHIR 49 LOUTH —NANGF 26 F45T I I TRACT 148 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 I WEST 100' OF TRACT 146 o JONES i 3 OR 3000 /276 NELSON i OR 3663/32827 w PROPOSED ROADWAY w'. EASEMENT PARCEL 134RDUE �/ CUELLr \R 3t IQ 2 j 10,60. 5a. ET ) OR 3960/230 OR - OPFICIAS RE-CHDS /,60, '" LI) rcf Wl, NUN-MLUSIVE ROAD RIGHT -0F -VMy OMNA43E PROPOSED ROADWAY, DPAIWGF, AND'JTILII?Y LASEMEKI (RDUE) AND UTILITY EASEMENT �l EXISTING RIGHT G._ WAY DEDICAIEIJ TO THE PERPETUAL USE - - =% OF THL: PUBIC I LR PLAT BOOK 7, PAGE 17 LEGAL DESCRIPTON FOR PARCEL 134RDUE A PORTION OF -RACT 148, GOLDEN GAIL TSTATES. DNLT 27 AS RECORDLD IN P1AT 300,( 7, PACE 17 OF THE PUBLIC RECORDS OF COLDER COUNTY. FLORIDA, LYING IN SECTIONS 11 AND 14, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COILIER COUNTY, FLORIDA BEING MORE PARTICJLARLY DESCRIBED AS FOLLOWS THE NORTF. 06 FEE- OF THE SOUTH 9O FEET OF `He WES- 190 FTFT 01 SAD 'RACT 14R. CONTAINING 10,500 SQUARE FEET, MORE DR LESS. 3 46 60 lea w . —. 1wlw[.� 5 wum. nTliSJau tvn s'uatw1 SKETCH & DESCRIPTION ONLY -. ___ — _ � __ —" ;1�a accamaw sv��un r1o. snf NOT A BOUNDARY SGRVEY SCALE, 1•_em' fGR: COLLIER COUNT( GGVERNMFNT :3')sH _' : COUN" v COMM1551i014FR5 vulx wm�m.. rx occx+w, s1c _ _ sFx o� :ltniW R(fJSI[Am ocot6sMi w COLLIER BOULEVARD T�T �Ap a�a SKETCH & DESCIRIPTION OF: PROPOSED RIGHT OF WAY CCIr4s ULnNC: CND q PARCEL 134RDUE � L IT IIL 1 �eTa�t Mrypmg qr PaF Ihm. SR aM1W COLLIER COUNTY, FLORIDA `Bar "F141tla X149 Tl (2 ) 597-0 ?S FM (24) 597t Lg. %S2 JOB NULIRER RLVISIGN IF C1101 TGNNS.IIV RAhGF SCM,F DA'E DRAWN i1Y FILE NAM' SdEEi J50105.0200 D006 RF�42 i4 as 25 _ g0• g_23_O, S.DL! ON2l SKI541DUC 1 GF t ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only fa ter the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's si ature, draw a line thrw h roulm lines #1 thro h #4 1 Route to Addressee(s) (List in touring order) U2 , com e[e the checkhs[, anJ Office forward to Sue Filson Initials (line #5). Date 1. app ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) 2. 11/13/2007 Agenda Item Number lOB 3. by the Office of the County Attorney. This includes signature pages from ordinances, 4. Easement Agreement Number of Original One 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the bolder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Margaret Kreynus Phone Number 252 -5846 Contact app ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) Agenda Date Item was 11/13/2007 Agenda Item Number lOB A2Eroved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Easement Agreement Number of Original One Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached lNCTRlTVTll1NC R, ruvrrrr rem Please scan under Collier Boulevard 68056 as Parcel 123RDUE in the BMR Real Property folder. Thank you. 1'. Forms/ County Forms/ BCC Forms / Original DOCnments Routing Slip W WS Original 9.03.04, Revised 1.26 05. Revised 2 24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not I. app ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) signed by the Chairman, with the exception of most letters, must be reviewed and signed Yes by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and 2ossibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes ll signature and initials are required. 11'� 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. Please scan under Collier Boulevard 68056 as Parcel 123RDUE in the BMR Real Property folder. Thank you. 1'. Forms/ County Forms/ BCC Forms / Original DOCnments Routing Slip W WS Original 9.03.04, Revised 1.26 05. Revised 2 24.05 MEMORANDUM DATE: June 19, 2008 TO: Ms. Sue Filson, Executive Manager FROM: \�u Margaret J. Kreynus, Senior Acquisition Specialist RE: Purchase Agreement Collier Boulevard, #68056, Parcel No. 123RDUE Frank and Diane M. Nadotti Attached is a copy of the Easement Agreement in the amount of $64,700.00 ready for execution by Chairman Ton Henning. This represents a settlement in the amount of the County's offer. The Board of County Commissioners on November 13, 2007 under Agenda Item No. 10B, approved Resolution No. 2007 -326 that authorized the acquisition of fee simple right -of -way and related easements required for the expansion of Collier Boulevard, and further authorized its Chairman to execute various Agreements on behalf of the Board. Please ask Chairman Henning to sign the attached Easement Agreement on behalf of the Board of County Commissioners and forward to the Clerk of Minutes and Records for attestation. Thank you. PROJECT: 68056 PARCEL No: 123RDUE FOLIO No: 37990080006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this 19 day of � e /L , 2008, by and between FRANK NADOTTI AND DIANE M. NADOTTI, husband and wife, whose mailing address is 3700 White Boulevard, Naples, FL 34117-4126, (hereinafter collectively referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the Staie of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser "). WHEREAS, Purchaser requires a perpetual, non - exclusive right -of -way, drainage and utility easement to enter upon and to install and maintain roadway, bike path and sidewalk improvements, drainage structures, including but not limited to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, various types of water control structures, the right to remove and use any and all excavated material, and any and all manner of public and private utility facilities over, under, upon and across the following described lands located in Collier County, Florida, and described in Exhibit "A ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement "); and WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to Purchaser for the sum of: $64,700.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, incuJiug all landsaapiny, tr&_,s, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents Page 2 and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents ") on or before the date of Closing: (a) Easement; (b) Closing Statement; (c) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W -9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this '..rensaction, as reasonably determined by Purchaser, Purchaser's counsel and /or title company. 4. Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and aii pussibie damage io die irrigaiiun system in ine eveni owiier raiis io reiocaie the irrigation system prior to construction of the project. If Owner elects to retain improvements and /or landscaping ( "Improvements ") located on the Easement, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Owner acknowledges that Purchaser has compensated Owner for the value of the Improvements and yet Purchaser is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Property prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately &3 such requiremen? is rnade known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. Page 3 (c) No party or person other than Purchaser has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, .iervica or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the j i'ptrty urideilyiiig the cdSeiuciit vi It i itaiide d i5e uy ur. flasFr. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shad indemnify, dsfcr d, save and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. Purchaser shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and all costs and /or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other Page 4 encumbrance - holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, related to the exemptions against payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 11. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to Purchaser. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No crkodifiG moil, affliEndirient or (:aiiceliahur, of this .Agiecinent Shall be of r.i -iy io ce of effect unless made in writing and executed and dated by both Owner and Purchaser. 13. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 14. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: 6 I q A Y ATTESTt - :, ,r, BOARD OF COUNTY COMMISSIONERS DWItaHTE. i ROC K, Clerk COLLIER CO NTY, F DRIDA �' BY: AttW to p tr* n; uty'CTerk TOM HENNING, Chairman signet re ort�- ;- AS TO OWNER: DATED: Witness (5 n ture) Na ne (P in� ) Witness (Signa " e) -114uro J , Jorj.0�e&) Name (Print or Type) f /itne ture) Name (Print or Type) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Page 5 DIANE M. NADOTTI OR = OFFICIAL RECORDS (BOOK /PAGE) PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE) �Tl EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE LLD OF THE PUBLIC PER PLAT BOOK 7 PAGE 0 53 +00 ra ;�— E LEGAL DESCRIPTION FOR PARCEL 123RDUE t +t' 50 +00 WHITE BOULEVARD 51 +00 52 +c 43+00 DESCRIBED 49 +00 THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE EAST 180 ar u' J FEET OF SAID TRACT 146.1 CONTAINING 10,800 SQUARE FEET, MORE 30' 60' I '7 0 40 B0 SKETCH & DESCRIPTION ONLY 160 er IIi,.� _, NOT A BOUNDARY SURVEY SCALE: 1 " MICHAEL A. WARD, PROFESSIONAL' RD' FLORIDA REGISTRATION CERTIF(CAT�. NO,, 5301 =B0' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS PROPOSED EASEMENT ROADWAY PARCEL 123RD1 RAISED RASEDEMeOSSeO seal OF A FLORIDA REGISTERED PROFESS IONAL SURVEYOR A MAPPER. COLLIER BOULEVARD - 10,800 S0. FT, IFS ■\ / pv�g err PARCEL 123RDUE TRACT 106 CONSULTING Civil Engineer gineerng Z \ T It 1 Surveying &Mapping COLLIER COUNTY, FLORIDA 651OWIIIOw Park Drive, Sm1e 200 GOLDEN GATE ESTATES Naples; Florida 34109 UNIT 27 JOB NUMBER REVISION SECTION TOWNSHIP PLAT BOOK 7, PAGE 17 SCALE TREISSA & DIEZ WILLIAMS )50106.02.00 OOOfi REV 2 14 OR 4045/2554 OR 1277/409 EAST 180' TRACT 106 BY SHEET NADOTTI 1" = 80' OR 2213/1832 S.D.L. UN27 SK123RDUE 1 OF 1 N W I S OR = OFFICIAL RECORDS (BOOK /PAGE) PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE) �Tl EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE LLD OF THE PUBLIC PER PLAT BOOK 7 PAGE 0 53 +00 ra ;�— E LEGAL DESCRIPTION FOR PARCEL 123RDUE t +t' A PORTION OF TRACT 106, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7 'PAGE,.1,9 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY OF THE' 14, TOWNSHIP 49 SOUTH' RANGE' )' EAST; DESCRIBED AS FOLLOWS. `.% �'2 THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE EAST 180 ar u' J FEET OF SAID TRACT 146.1 CONTAINING 10,800 SQUARE FEET, MORE `1� �.'.I )/( OR LESS.`'I) '7 0 40 B0 SKETCH & DESCRIPTION ONLY 160 er IIi,.� _, NOT A BOUNDARY SURVEY SCALE: 1 " MICHAEL A. WARD, PROFESSIONAL' RD' FLORIDA REGISTRATION CERTIF(CAT�. NO,, 5301 =B0' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL s & RAISED RASEDEMeOSSeO seal OF A FLORIDA REGISTERED PROFESS IONAL SURVEYOR A MAPPER. COLLIER BOULEVARD TT� T�INa SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY IFS ■\ / pv�g err PARCEL 123RDUE CONSULTING Civil Engineer gineerng Z \ T It 1 Surveying &Mapping COLLIER COUNTY, FLORIDA 651OWIIIOw Park Drive, Sm1e 200 Naples; Florida 34109 Phone: (239) 597-0575 FAX: (239)597 -0578 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE LB o.:6 52 DRAWN )50106.02.00 OOOfi REV 2 14 4g 26 BY SHEET 1" = 80' 8- -23 -07 S.D.L. UN27 SK123RDUE 1 OF 1 f MEMORANDUM DATE: October 2, 2008 TO: Ms. Sue Filson, Executive Manager FROM: Margaret J. Kreynus, Senior Acquisition Specialist RE: Easement Agreement Collier Boulevard, #68056, Parcel No. 139RDUE Mariela Ortiz, a married woman, formerly known as Severa M. Martinez Attached is a copy of the Easement Agreement in the amount of $3,700.00 ready for execution by Chairman Tom Henning. This represents a settlement in the amount of the County's offer. The Board of County Commissioners on November 13, 2007 under Agenda Item No. 1OB, approved Resolution No. 2007 -326 that authorized the acquisition of fee simple right -of -way and related easements required for the expansion of Collier Boulevard, and further authorized its Chairman to execute various Agreements on behalf of the Board. Please ask Chairman Henning to sign the attached Easement Agreement on behalf of the Board of County Commissioners and forward to the Clerk of Minutes and Records for attestation. Thank you. PROJECT: 68056 PARCEL No: 139RDUE FOLIO No: 37930200008 EASEMENT AGREEMENT W 11 THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this 10 +' day of 2008, by and between MARIELA ORTIZ, a married woman, formerly known as SEVERA M. MARTINEZ, whose mailing address is 3625 SW 23`d Court, Fort Lauderdale, FL 33312 -4255, (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser "). WHEREAS, Purchaser requires a perpetual, non - exclusive right -of -way, drainage and utility easement to enter upon and to install and maintain roadway, bike path and sidewalk improvements, drainage structures, including but not limited to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, various types of water control structures, the right to remove and use any and all excavated material, and any and all manner of public and private utility facilities over, under, upon and across the following described lands located in Collier County, Florida, and described in Exhibit "A ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement "); and WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to Purchaser for the sum of: $3,700.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents ") on or before the date of Closing: (a) Easement; (b) Closing Statement; 10B Page 2 (c) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W -9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and /or title company. 4. Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser':- enjoymeW of the Easement. At Closing, payment shai': be mzide u) Owner in tha', a, -nount shown on the i.:lo:9inc- Staterrierr:' as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ( "Improvements ") located on the Easement, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Owner acknowledges that Purchaser has compensated Owner for the value of the Improvements and yet Purchaser is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. Ali improvements not removed from the rroperiy pried -Lu commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the Easement or any portion thereof. (d) Until the date fi;4od for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state or, the effective date cl this Agr ement urn to and including Me �c�tt. c`. %a. ir:g. "I'n�:rc.' =xe, ;:;caner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by Purchaser. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigat;on regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shaii survive Glosing and is not deemeu satisiied by conveyance ail titic:. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. Purchaser shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and all costs and /or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance - holder for the intcr,,%rt nr ac• consi(ler8tion Or the execution of any release. subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, related to the exemptions against payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 11. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever to A Page 4 11. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to Purchaser. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 13. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 14. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: ER: DATED: Lo — IA — & ATTEST. DWIGJJT E. BROCK, "Clerk ep Clerk Attest is to CAS irwN I t 19aatwo on) M AS TO OWNER: DATED: Witness ture) WLkltez- Name (Print or Type) witness ( ig ature) Ad All (' 42-A Co far! Name (Print or Type) Approved as to form and legal sufficiency: ASS ► ti a Y --5'S N tN % �- BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FL RIDA BY:- -- TOM HENNING, Chairman MARIELA ORTIZ , formerly know s SEVERA M. MARTINEZ A-1Tc�o (Z. rc) E y m J CJn J O 0 1 283 +00 284 +00 285+00 286 +00 PINE RIDGE RD. PROPOSED ROADWAY EASEMENT PARCEL 139RDUE 1,500 SO. FT. 20' O L0 \w � O 0 Q G! O_ > n a00 O U F- 0]Z r0 7) = E1 a- I/1 CC cc n Q O lr �wZcO SEMBLER FMLY PRTNRSHP #41 OR 4140102: TRACT 107 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 OR = OFFICIAL RECORDS (BOOK /PAGE) 7?7 PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE) EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2, PAGE 100 LEGAL DESCRIPTION FOR PARCEL 139RDUE w > Of O w O Z O cr- W r- C_ C'4 N S - W W O =n 287 +00 N _ W E S TRACT i11 - A PORTION OF TRACT 107, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, F'AGt 15 OF ]HE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 20 FEET OF THE NORTH 95 FEET OF THE WEST 75 FEET OF THE WEST 150 FEET OF SAID TRACT 107. CONTAINING 1,500 SQUARE FEET, MORE OR EESS. J I X 7(77 0 40 80 1 60 BY �� d MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR SKETCH & DESCRIPTION ONLY FLORIDA REGISTRATION CERTIFICATE NO. 5301 NOT A BOUNDARY SURVEY SCALE: 1 " =80' SIGNING DATE: VALID WITHOUT FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AOFLORIDA REGISTEREDEPROFESSONALNSURVEYORRANDDMAPPERSED SEAL OF COLLIER BOULEVARD " IXTA vi�alizgation SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY CONSULTING CivilFbgineering Z L Y TA. 1 Surveying & Mapping PARCEL 139RDUE 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 COLLIER COUNTY, FLORIDA Phone: (239) 597 -0575 FAX: (239) 597 -0578 LB No.: 6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050106.02.00 0006 REV# 3 15 49 26 1" = 80' 10 -24 -07 S.D.L. UN26 SK 139RDUE 1 OF 1' V O ri HIV d =�Z co 0 O TRACT 96 < w � Q �- Ow�O w \ u7 2N i0 O n O 3 _ °- v CD LID ° ° 0 0 (0 0 0 \w � O 0 Q G! O_ > n a00 O U F- 0]Z r0 7) = E1 a- I/1 CC cc n Q O lr �wZcO SEMBLER FMLY PRTNRSHP #41 OR 4140102: TRACT 107 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 OR = OFFICIAL RECORDS (BOOK /PAGE) 7?7 PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE) EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2, PAGE 100 LEGAL DESCRIPTION FOR PARCEL 139RDUE w > Of O w O Z O cr- W r- C_ C'4 N S - W W O =n 287 +00 N _ W E S TRACT i11 - A PORTION OF TRACT 107, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, F'AGt 15 OF ]HE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 20 FEET OF THE NORTH 95 FEET OF THE WEST 75 FEET OF THE WEST 150 FEET OF SAID TRACT 107. CONTAINING 1,500 SQUARE FEET, MORE OR EESS. J I X 7(77 0 40 80 1 60 BY �� d MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR SKETCH & DESCRIPTION ONLY FLORIDA REGISTRATION CERTIFICATE NO. 5301 NOT A BOUNDARY SURVEY SCALE: 1 " =80' SIGNING DATE: VALID WITHOUT FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AOFLORIDA REGISTEREDEPROFESSONALNSURVEYORRANDDMAPPERSED SEAL OF COLLIER BOULEVARD " IXTA vi�alizgation SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY CONSULTING CivilFbgineering Z L Y TA. 1 Surveying & Mapping PARCEL 139RDUE 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 COLLIER COUNTY, FLORIDA Phone: (239) 597 -0575 FAX: (239) 597 -0578 LB No.: 6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050106.02.00 0006 REV# 3 15 49 26 1" = 80' 10 -24 -07 S.D.L. UN26 SK 139RDUE 1 OF 1' ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP T o E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE; Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office - The completed routing slip and original O documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the t. n of the Chairman `s aienature- draw a line through routine lines # 1 through 44, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routin order) Office Initials Date Contact appropriate. (Initial ) Applicable) 2. ___, _ -- -- -- Agenda Item Number .� 3. --- --- signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original C` K 4. U'ZtLv cfl nl Cif 0111!En4 Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (Fhe primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information- All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the o— t Name of Primary Staff Robert Bosch, ROW Coordinator, TECM Phone Number 252 -5843 Contact appropriate. (Initial ) Applicable) Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number .� Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original C` K Attached U'ZtLv cfl nl Cif 0111!En4 Documents Attached INSTRUCTIONS & CHECKLIST I. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9 03 04, Revised 1.26.05, Revised 2 24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial ) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, tx �. G� j_e> resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. d 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. I ,� Some documents are time sensitive and require forwarding to Tallahassee within a certain - time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 1, ,- 7 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9 03 04, Revised 1.26.05, Revised 2 24 05 ITEM NO.: FILE NO.: ROUTED TO: ewe. to a-1 DATE RECEIVED: OFFla OF THE 101 COUNTY ATTnRnry REQUEST FOR LEGAL SERVIORSU 27 DATE: October 24, 2008 TO: Office of the County Attorney FROM: Robert Bosch, Right -of -Way Coordinator, TECM RE: FPL Project -Wide Subordination — Collier Blvd. Project No. 68056 PM 12:5 9 I BACKGROUND OF REQUEST: The attached Subordination Agreement was reviewed by Ellen Chadwell during June 2008, and has now been executed by FPL. I have also attached copies of the easements referenced in the subordination This item HAS been previously submitted under RP R(# 08- ECM -00 4 (CIRCLE ONE) ACTION REQUESTED: Kindly approve the attached Subordination Agreement, insert an appropriate date in the first paragraph of the subordination, initial where required on the routing slip, and forward the document to Sue Filson. Thank you. 10 I O S I /-- 'tor . � d - C!0_9e a PROJECT: Collier Boulevard No. 68056 This instrument prepared by: MAf K L NE 86 Florida Power & Light Company P. O. Box 1119 Sarasota, FL 34230 -1119 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS RED THIS AGREEMENT, entered into this at day of Dc +% 2008, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called the "County ", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter called "Utility'. WITNESETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County; and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right -of- way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and WHEREAS the County, in addition, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right -of -way shown on Exhibit "A ", attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating a road over, through, upon, and/or across such lands, based on the following: NATURE OF DATE FROM IN FAVOR OF RECORDED ENCUMBRANCE BOOK, PAGE Easement 1/25/1980 Charles Ward and Florida Power & O.R. Book 853, Bonnie Ward Light Company Page 39 Easement 4/15/1981 Howard Klingensmith and Florida Power & O.R. Book 914, Catherine Klingensmith Light Company Page 721 Easement 8/26/1982 Michael B. McCarty and Florida Power & O.R. Book 985, Kathleen D. McCarty Light Company Page 99 Easement 9/4/1986 Caribe Investments of Naples Inc. Florida Power & O.R. Book 1215, Light Company Page 2218 Easement 9/4/1986 C. B. Lindsay, Sr. Florida Power & O.R. Book 1215, Light Company Page 2219 Easement 9/4/1986 A. E. Brooks Florida Power & O.R. Book 1215, Light Company Page 2222 ' 10B Easement 9/4/1986 Robert L. Falbo and Florida Power & O.R. Book 1215, Patricia S. Falbo Light Company Pa e 2333 Easement 9/3/1981 Greg Klingensmith and Florida Power & O.R. Book 1293, Katrina M. Klingensmith Light Company Page 383 Easement 3/10/1988 Patrick Williams and Florida Power & O.R. Book 1333, Dana Murray Williams Light Company Pa e 2090 Easement 6/30/1992 All American Homes of Florida Power & O.R. Book 1730, SW Fla., Inc. Light Company Page 515 Easement 10/2/1992 Gregory Klingensmith and Florida Power & O.R. Book 1757, Katrina Klingensmith Light Company Page 1352 Easement 7/23/1999 Chris Hickel Florida Power & O.R. Book 2573, Light Company Page 3211 Easement 2/4 /2000 John Lamb and Florida Power & O.R. Book 2638, Elizabeth J. Lamb Light Company Page 833 - 834 Easement 10/17/2000 Go Time, Inc. Florida Power & O.R. Book 2732, Light Company Page 3296 — 3297 Easement 7/3/2002 Timothy Maloney Florida Power & O. R. Book 3065, Light Company Pa e 2251 Easement 7/27/2006 Elizabeth Kosmerl Florida Power & O.R. Book 4078, Light Company Page 4104 — 4106 Easement 4/12/2007 Tania Cantin Florida Power & O.R. Book 4212, Light Company Page 1820 The County and the Utility further agree that: 1. 'Public right -of- way ", as used herein, shall mean that area which is described in Exhibit "A" and which includes the Utility's easements identified above and additional lands for public right -of -way, as described in Exhibit "A ", attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right -of -way described in Exhibit "A ", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right -of -way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to be located on the public right -of -way described in Exhibit "A ", if such relocation or adjustment is caused by present or future uses of the right -of -way by the County or its assigns, including, but not limited to, the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities. The County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its facilities on the said public right -of -way. 6. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST:, to DWIGHT ;E�.. BROCW Clerk Y 1�' LteSt 84 t0 Deputy Clerk S 1 gndtltr a on r tl FPL Subordination Agreement BOARD OF COUNTY COMMISSIONERS COLLIER COiJ,�ITY, FLO IDA BY: TOM HENNING, IRMAN Signed, sealed and delivered in the presence of By: Print Name: Kelljl J. L- 8Z By: Print Name: —A WIC STATE OF FLORIDA, COUNTY OF SARASOTA FLORIDA POWER & LIGHT COMPANY By: Z2� Title: West Area Real Estate Ma ager Print Name: Mark L. Byers (Corp. Seal) W1111 t I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Mark L. Byers, to me known and personally known to me to be the person described in, and did not take an oath and who executed the foregoing instrument as West Area Real Estate Manager of the Florida Power & Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this4Oday of 2008. My Commission Expires: Notary Signature: NOTARY PUBLIC-STATE OF FLORIDA Notary Public State of Florida Kelly J. Lopez Kell Commission # DD546987 Printed Name: y J. Lopez Expires: MAY 01, 2010 Wended. Thee ANantie Bending Co., Inc. Approved as to form and legal sufficiency: t,)\ iZ- 7&'� Assistant County Atto-they FPL Subordination Agreement I; N N E S EXHIBIT A, Page -L of �5, 660'(P) TRACT 115 660'(P) PROPOSED TEMPORARY CONSTRUCTION EASEMENT NORTH 150' OF TRACT 116 LAMB 5' OR 2331/1208 PROPOSED RIGHT OF WAY PARCEL 108FEE TRACT 1 1 6 5,250 SQ. Fr. 35' GOLDEN GATE ESTATES 660'(P) UNIT 26 () PLAT BOOK 7 PAGE 15 MORALES OR 4285/2827 660'(P) OR = OFFICIAL RECORDS (BOOK /PAGE) PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 LEGAL DESCRIPTION FOR PARCEL 108FEE a 0 0 DID of w J O U FEE SIMPLE INTEREST m. 0 0 0 0 0 m N 0 0 A PORTION OF TRACT 116, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE'! Z6 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 35 FEET OF THE NORTH 150 FEET OF SAID TRACT 116. CONTAINING 5,250 SQUARE FEET, MORE OR LESS. i 0 40 BD 160 BY: SKETCH & DESCRIPTION ONLY CHAEL A. ISTMTPROPERTIFICAT'IAN. 'SURVEroR NOT A BOUNDARY SURVEY SIGNING DATE: RAnoN CERTIFICATE No. ,6 ?01 SCALE: 1 " =00' SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE `& RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD D« T�mc.PV1J L. SKETCH &DESCRIPTION OF: PROPOSED RIGHT OF WAY CONSULTING Civil Engineering PARCEL 108FEE JL _ T T1 1 Sutveyiog &mVPiog 6610 Willow Park Drive, Suite 200 COLLIER COUNTY, FLORIDA Naples, Florida 34109 Phone: (239) 697-0575 FAX: (239) 597-0578 LB No.: 6952 JOB NUMBER REVISION I SECTION I TOWNSHIP I RANGE SCALE DATE DRAWN BY FILE NAME SHEET )50106.02.00 0006 REV 3 15 49 26 1" = 80' M -24 -07 S.D.L. UN25 SK106FEE 1 OF 1 1( EXHIBIT A Page D O N 660'(P) W E J S 0 DO TRACT 115 w J J U 660'(P) NORTH 150' OF TRACT 116 LAMB 5'- OR 2331/1208 PROPOSED TEMPORARY CONSTRUCTION EASEMENT, PARCEL 108TCE 750 S0. FT. TRACT 116 40' GOLDEN GATE ESTATES 0' P UNIT 26 66 ( ) PLAT BOOK 7 PAGE 15 MORALES OR 4285/2827 II 660'(P) OR = OFFICIAL RECORDS (BOOK /PAGE). PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT PROPOSED RIGHT OF WAY Y �T EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE �L-L1J OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 O 0 m N 0 0 °m n 0 TEMPORARY CONSTRUCTION EASEMENT DURATION � YEARS. LEGAL DESCRIPTION FOR PARCEL 1OBTCE A PORTION OF TRACT 116, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PACE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE' 26. EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH 150 FEET OF SAID TRACT 116. CONTAINING 750 SQUARE FEET, MORE OR LESS. 0 40 SO 160 SKETCH & DESCRIPTION ONLY fir: MICHAEL A /WARD, "PROFE6510NA NOT A BOUNDARY SURVEY DATE: FLORIDA AnoH GggnF;cp SCALE: 1 " =B0' SIGNING DATE FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE x COLLIE BOU A FLORIDA REGISTERED PROFESSIONAL' SURVEYOR R LEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 108TCE COLLIER COUNTY, FLORIDA 11 SEAT OF W XA /A CONSULTING Civil aWmaaiog 1 \ 1 Ii JL Surveying & MaPPur6 6610 Willow Perk Drive, Sul1e 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239)597 -0579 LB No.: 6952 CA DATE DRAWN BY FILE NAME SHEET 80' 10 -24 -07 S.D.L. UN26 SK108TCE 1 OF 1 r- u DUI VIM K: m P m m m N O \m O 0 56 Z. O O ASS r m2 m '¢m C, o o O N O S m A U= J1 D Om omC n o�vl N' S m m U m ^ z '0- OmO x < v LU z m 7Q `01 N L L 8 U 0 k° n 0 n 0 \pz v ;Dm I � W n W _ tp D C7 ff O will 170.61'(D) m m m N A c = A N O O'� 0 0_w � J 2 J x N m y r O QJ�Ej G -0 -) ° 70'(D) 161 I 1' O O .p DUI VIM K: m P m m m N O \m O 0 56 Z. O O ASS r m2 m '¢m C, o o O N O S m A U= J1 D Om omC n o�vl N' S m m U m ^ z '0- OmO x < LU z m 7Q A U L L U 0 k° 0 n \pz Gi ;Dm Ln LU M m ,0;0 JA N OCZm ;u n N X D --I� MO AIb A J M A .D� o \NA n a m� �z O (nom In N2-1 AD m J \�= m N J f m V) N A W D m m� Dm mz M 0r W m Z Jm -m '0 N 0 e O N W A + O O 2 O I 0 N m \ W + Im°o o M�0\ M ymv m� P \ :1 m0 GJ o AD � ma m < np M� z z4 m zz 00 oa I m_ TCOLLIER BOULEVARD PAPM N0. l l I FEE 3 OR = OFFICIAL RECORDS (BOOK /PAGE) ® PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2, PAGE 100 i o� b O + D O yA s ti x -1 r ,z m m i 0 N e N 0 I I I G G Z m III FCC IBIT A J 0� I I I D I CD I y� I 0 m0 m2 N mH ;O o i m — FEE SIMPLE INTEREST a Q 0 40 80 180 SKETCH & DESCRIPTION ONLY MICHAEL A. WARD, PROFESSIONAL/IAND SURVEYOR NOT A BOUNDARY SURVEY FLORIDA REGISTRATION CERTIFICATE NO. 5301 SCALE: 1 " =80' SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SVRVEYOR AND MAPPER, COLLIER BOULEVARD D X TA VB �D� SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY CONSULTING Qvi1Hq ieemnE PARCEL 111FEE3 Z ,L i Servo &mapm 6610 Willow Park Drlm S.U. 200 COLLIER COUNTY, FLORIDA Naples, Flodda 34109 Phone: (Me) 597-0575 FAX: 1239) 597 -0578 in„ ... - -- __. ._._ US No, 6952 REV #3 1 15 49 26 i" = 80' '02 -15 -08 1 S.D. L UN26 SK111FEE3 1 OF2 n n N 3 LINE TABLE LINE BEARING LENGTH L1 S00'29'O8 "E 75.00 L2 500'29'08 "E 20.00 13 88 W 387.31 L4 N00'02'33 "E 20.00 L5 N89'31'35 "E 387.13 L6 S89'31'35 "W 659.94 L7 800'29'10 "E 75.00 18 N89'31'35 "E 64.92 L9 500'00'02 °E 20.00 L10 S89'31'35'W 1 64.76 L11 NO929'10"W 20.00 FEE SIMPLE INTEREST LEGAL DESCRIPTION FOR PARCEL 111FEE3 EXHIBIT A of '_ _ A PORTION OF TRACT 111, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF ^° THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE S 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 111; THENCE S00'29'08 "E., ALONG THE EAST LINE OF SAID TRACT 111 FOR 75.00 FEET TO A POINT ON THE SOUTH LINE OF AN EXISTING RIGHT OF WAY EASEMENT AND THE POINT OF BEGINNING "A OF THE HEREIN DESCRIBED PARCEL. THENCE CONTINUE S00'29'08 "E., ALONG THE EAST LINE OF SAID TRACT 111 FOR 20.00 FEET; "W., 4 THENCE S.89- 31'35 FOR 387.31 FEET; a THENCE N.00 "02'33 "E., FOR 20.00 FEET TO A POINT ON SAID SOUTH LINE; THENCE N.89'31'35 "E., ALONG SAID SOUTH LINE FOR 387.13 FEET TO THE POINT OF BEGINNING "A' OF THE PARCEL DESCRIBED HEREIN; CONTAINING 7,744 SQUARE FEET, MORE OR LESS, TOGETHER WITH; COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 111; THENCE S.89'31'35 "W., ALONG THE NORTH LINE OF SAID TRACT 111 FOR 659.94 FEET; THENCE S00'29'10 "E., FOR 75.00 FEET TO A POINT ON THE SAID SOUTH LINE AND THE POINT OF BEGINNING "Be OF THE HEREIN DESCRIBED PARFCEL; THENCE N89'31'35 "E., ALONG SAID SOUTH LINE FOR 64.92 FEET; THENCE 500'00'02 "E., FOR 20.00 FEET; - THENCE 589'31'35 "W., FOR 64.76 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 111; THENCE N00'29'10 "W., ALONG SAID WEST LINE FOR 20.00 TO THE POINT OF BEGINNING "B" OF THE PARCEL DESCRIBED HEREIN; CONTAINING 1,297 SQUARE FEET, MORE OR LESS. CONTAINING 9,041 TOTAL SQUARE FEET, MORE OR LESS. FEE SIMPLE INTEREST 0 40 80 160 SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY SCALE: V -Bo' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 111FEE3 COLLIER COUNTY, FLORIDA 9 1 Fl-Tal9 214I0v IOHAEL A AARDPROFESSI0�L (AND(SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE k RAISED EMBOSSED SEAL OF A FLORIN REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. i! `A/A M-02 CONSULTING ClvuEqI Z \ I tL AL SLve,%&Mapping 6610 Willow Park Drive. SUIR, 200 Naples, Fonda 341 D9 Phone: (239) 597 -0575 FAX: (239) 597 -0578 LB No.: 6952 OF2 RIF _ CANAL N T v m _ 39TH STREET A 0 0 m - a N 4 ^_ TRACT 151 GOLDEN GATE ESTATES UNIT 27 °= PLAT BOOK 7, PAGE ,17 Z x O D A m 0O = O rOp 0O NN� PROPOSED ROADWAY EASEMENT PARCEL 112R 31,500 SQ. FT. w 0 N + O w 0 0 0 u g m I 0 0 u v 0 0 OR = OFFICIAL RECORDS (BOOK /PAGE) I I— PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE) EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 LEGAL DESCRIPTION FOR PARCEL 112RDUE CANAL 39TH STREET I IN z I m EXHIBIT A Page __L Of 21 I TRACT 150 __'_T_ WEBER B�ULEVARD o PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT A PORTION OF TRACT 151, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 50FEET OF THE NORTH 80 FEET OF SAID TRACT 151, LESS AND EXCEPT; THE WEST 60 FEET OF TRACT 151 (THAT PART BEING AN EXISTING ROADWAY EASEMENT PER THE AFOREMENTIONED PLAT) I I CONTAINING 31,500 SQUARE FEET, MORE OR LESS. /�`��zh /'' 0 40 Bo 160 SKETCH & DESCRIPTION ONLY Br: f MI EL A. WARD, PROF6551014AL LAND $URV�YDR NOT A BOUNDARY SURVEY FLORIDA REGISTRATION CERTIFICATE NO, 5301 SCALE: 1" =BBB SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED. EMBOSSED SEAL OF A F COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PARCEL 112RDUE COLLIER COUNTY, FLORIDA PROPOSED RIGHT OF WAY 1" - LORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. W 1A11% vi CONSULTING Civil Hogiocering . \ ► T L a Su weyieg & Mapping 6610 Willow Park Drive, SuRe 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: 1239) 597 -0578 LB No.: 6952 D.L. 1 —TRACT 151 —TRACT 1 39 +00 40 +00 41 +00 - PROPOSED ROADWAY EASEMENT PARCEL 114RDUE 4,500 SO. FT. TRACT 147 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 CANCIO OR 3954/3007 N W E S WEST 75' OF EAST 150' OF TRACT 147 BELZOWSKI )R 3721/2603 PRIETO OR 2760/3450 EXHIBI' Page 6 I 128 43 +00 OR = OFFICIAL RECORDS (BOOK /PAGE) PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE) AND UTILITY BASEMENT P77� EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE ILA 4 OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 LEGAL DESCRIPTION FOR PARCEL 114RDUE A PORTION OF TRACT 147, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PUBLIC PLAT BOOK 7 d7 OF'THE „•PAGE RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 14, TOWNSHIP 49 SOUTH; RANGE 261 EAST,, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE WEST 75 FEET OF THE EAST 1 OAF. ET SAID �CT; 147. CONTAINING 4,500 SQUARE FEET, MORE OR LESS. .,, 0 40 80 16 0 1,►,�/�% Br. .� SKETCH & DESCRIPTION ONLY MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR NOT A BOUNDARY SURVEY FLORIDA REGISTRATION CERTIFICATE No. 5301 SCALE: 1 " =60' SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VAUD WITHOUT THE ORIGIRAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD T�IND. SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY ng ��T A/ Vuedl7 .. CONSULTING Civil IkWu=4 PARCEL 114RDUE AL %. IF Ili. AL SUIVOY4 &MaeNag COLLIER COUNTY, FLORIDA 6610 Willow Park Drlve, Sulte 200 Naples, Flarlda 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 50106.02.00 0006 REV #2 14 49 26 1” = 80' 8 -23 -07 S.D.L. UN27 SK114RDUE 1 OF 1 0 a 0 n 0 U 'o °o n m 41 +00 43 +00 44 +00 F45 +00 WHITE BOULEVARD - PROPOSED ROADWAY EASEMENT PARCEL 117RDUE 4,500 S0. FT. UNIT 128 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 EAST 75' OF WEST 150' OF TRACT 128 MALONEY OR 2885/2102 CANCIO OR 3703/701 OR = OFFICIAL RECORDS (BOOK /PAGE) WARD OR 2545/1656 PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE) �Tl EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 LEGAL DESCRIPTION FOR PARCEL 117RDUE EXHIBIT A Page 7 aft UNIT 125 N W E S PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT A PORTION OF TRACT 128, GOLDEN GATE ESTATES, UNIT 27 AS PUBLIC RECORDS OF COLLIER RECORDED IN PLAT BOOK 7, PAGE 17 OF THE COUNTY, FLORIDA, LYING IN SECTION COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY 14, TOWNSHIP 49 SOUTH, RANGE 26 EAST, . DESCRIBED AS FOLLOWS. THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE EAST 75 FEET OF THE WEST 150 FEF,T,r;OF "SAID ;TRACIT,128, CONTAINING 4,500 SQUARE FEET, MORE OR LESS. 7' 0 40 00 SKETCH. & DESCRIPTION ONLY 160 - , 9 BY: a MICHAEL A. SURVEYOR NOT A BOUNDARY SURVEY SCALE: 1 " =60' SRq', ON CERTIFICATE NO. FLORIDA REGISTRATION CERTIFICATE N0. 5301 SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD T• ��v. SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY M -.=, OO PARCEL 117RDUE coxsuETINGG �, Z I � tL a Smcy'ng &Mapping COLLIER COUNTY, FLORIDA 6610 WIIIoW Park Drive, Suite 200 Naples, Florida 34109 Phone: (239)597 -0575 FAX: (239) 597-0578 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY Le FILE SNAME 150106.02.00 0006 REV #2 14 49 1 26 1 1" 80' I SHEET = 8 -23 -07 1 S.D.L. UN27 SK117RDUE 1 OF 1 R 41 +00 E - n m 43 +00 44+00 45 +00 WHITE BOULEVARD TRACT 128 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 CANCIO OR 3703/701 MALONEY OR 2885/2102 PROPOSED ROADWAY EASEMENT PARCEL 118RDUE 10,800 SO. Ff. EXHIBIT Page S EAST 180' OF TRACT 128 WARD OR 2545/1656 OR = OFFICIAL RECORDS (BOOK /PAGE) PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 LEGAL DESCRIPTION TRACT 125 N W E S ©i PERPETUAL, NON - EXCLUSIVE ROAD RIGHT- OF-WAY, DRAINAGE AND UTILITY EASEMENT FOR PARCEL 118RDUE A PORTION OF TRACT 128, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7;:` PAGE, .17.OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. - THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE EAST 180 FEET OF SAID TRACT. CONTAINING 10,800 SQUARE FEET, MORE OR LESS. 11 II I 0 D7 0 40 80 160 BY: SKETCH & DESCRIPTION ONLY FLORIDA A. 'WARD., CERTIFICATE Ni, SURVEYOR NOT A BOUNDARY SURVEY FLORIDA DATE: REGISTRATION CERTIFICATE NO. 5301 SCALE: 1 " =80� SIGNING PATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE ,kRAISED EMBOSSED seal of A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER, COLLIER BOULEVARD TTT T• INC, �Kl `X /,A` P SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY Vu CONSULTING Civil Pngiaeaiog PARCEL 118RDUE AL \ T Ti 1 S° ying &Mapping 6610 Willow Park Drive, Suite 200 COLLIER COUNTY, FLORIDA Naples, Florida 34109 Phone: (239) 597 -0575 FAX: (239) 597 -0570 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY L6 FILE SNAME SHEET 150106.02.00 0006 REV 2 14 49 26 1" = 80' 8 -23 -07 S.D.L. UN27 SK118RDUE 1 OF 1 k 43 +00 b O N u� IN O W, 44+00 45 +00 48 +0 47 +00 WHITE BOULEVARD — PROPOSED ROADWAY EASEMENT PARCEL 119RDUE 10,800 S0. FT. EXHIBIT� Page TRACT 125 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 WEST 180' OF TRACT 125 MURGA OR 4174/2003 N W E S NICKEL OR 3992/2692 OR = OFFICIAL RECORDS (BOOK /PAGE) PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -VVAY, DRAINAGE ® PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE) AND UTILITY EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 LEGAL DESCRIPTION FOR PARCEL 119RDUE A PORTION OF TRACT 125, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE WEST 180 FEET OF SAID TRA 1 5. CONTAINING 10,800 SQUARE FEET, MORE OR LESS. 0 40 80 160 SKETCH & DESCRIPTION ONLY MICHAEL A. WARD. PROFESSIONAL IAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 NOT A BOUNDARY SURVEY SCALE: 1 " =80' SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RASED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER, COLLIER BOULEVARD �` �A �D SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY cots` LZJAI e,�looaeog PARCEL 119RDUE i\ T2 , surveying &Mepin 6610 Willow Park Drive, Suite 200 COLLIER COUNTY, FLORIDA Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 JOB NUMBER REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050106.02.00 0006 REV #2 14 49 26 1" = 80' 8 -23 -07 S.D.L. UN27 SK119RDUE 1 OF 1 45 +00 0 a t Q — 46 +00� 47 +00 WHITE BOULEVARD TRACT 125 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 MURGA OR 4174/2003 EAST 150' OF TRACT 125 HICKEL OR 3992/2692 )0 � 49 +00 EASEMENT PARCEL 120RDUE 91000 S0. FT. TRACT 106 50 +00 11BIT O Of 2 1 N W E S OR = OFFICIAL RECORDS (BOOK /PAGE) PERPETUAL, NON - EXCLUSIVE RDUE ROAD RIGHT -OF -WAY, DRAINAGE PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT ( ) AND UTILITY EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 17 LEGAL DESCRIPTION FOR PARCEL 120RDUE A PORTION OF TRACT 125, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE'1.7'OF,THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 14, TOWNSHIP 49 SOUTH, WIGC,�26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE EAST 150 FEET OF SAID TRACT 125 , CONTAINING 9,000 SQUARE FEET, MORE OR LESS. 0 40 60 16D BY: SKETCH & DESCRIPTION ONLY Fm MICHAEL A', WARD, PRDFES'slbNA� UAw SURVEYOR NOT A BOUNDARY SURVEY FLORIDA REGISTRATION CERTIFICATE NO. 5381 SCALE: 1" =60A SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WRHOUT THE ORIGINAL SIGNATURE RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 120RDUE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE 106.02.00 0006 REV 2 14 49 26 1" = 80' 8 CONSULTING Civil Ergioxdog AL \ T ti i Suaveying & Mapping 6610 Wlllon Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 G]"1 SHEET 1 OF 1 I i 47 +00 N w E S 49 +00 50 +00 - PROPOSED ROADWAY EASEMENT PARCEL 122RDUE 4,500 S0. FT. TRACT 125 TRACT 106 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 EAST 75' OF WEST 150' OF TRACT 106 WILLIAMS OR 1277/409 SSA & DIE[ 4045/2554 OR = OFFICIAL RECORDS (BOOK /PAGE) Pw PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE) EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 NADOTTI OR 2213/1832 LEGAL DESCRIPTION FOR PARCEL 122RDUE 51 +00 '- I 52 +00 — I— BIT A H - o_ 2__ PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT A PORTION OF TRACT 106, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGR,o1 T'OF' -THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 14, TOWNSHIP 49 SOUTH, RAKCE..26 EAST,, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE EAST 75 FEET OF THE WEST 150 FEE_rGr SAID .TRACT .106. CONTAINING 4,500 SQUARE FEET, MORE OR LESS. ACHAELA. 60 160 — D I Br: l SKETCH & DESCRIPTION ONLY PROFESSIONAL LAND SURVEYOR NOT A BOUNDARY SURVEY FLORIDA REGISTRATION CERTIFICATE NO. 5301 SCALE: 1 " =B0' SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SFAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD ��T T• IN0.P1 &�InB SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY '1`/,A` =aft. CONSULTING Cavil Bionceaivg PARCEL 122RDUE i \ I 11 JL surveying &Mapping 6610 Willow Perk Drive, 800 zoo COLLIER COUNTY, FLORIDA Naples, Florlda 34109 Phone: (239) 597 -0575 FAX: (239) 597 -0578 JOB NUMBER I RFVISinN I acrnnnl ITS No.: 6952 SCALE DATE DRAWN 8 -23 -07 S.D.L. x EXHIBIT Page - jl I ofof �) N W E S TRACT 127 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 EAST 75' OF WEST 150' OF TRACT 127 KLINGENSMITH OR 1023/1210 GOLBY JR ET UI WESTBY TRACT 148 OR 404/221 OR 2335/2773 PROPOSED ROADWAY EASEMENT PARCEL 130RDUE 4,500 S0. FT. 60' 40 +00 41 +00 42+C X30. 43 +00 44 +00 45 +00 A PORTION OF TRACT 127, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17:,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 11 AND 14, TOWNSHIP 49 SOUTM,` RANGE -,21; EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. - ' ' THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET'OF.' -$AID TRACT;,127. CONTAINING 4,500 SQUARE FEET, MORE OR LESS. ' I' 1 7 0 40 BO 160 .0 SKETCH & DESCRIPTION ONLY MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR NOT A BOUNDARY SURVEY FLORIDA REGISTRATION CERTIFICATE NO. 5301 SCALE: 1 " =B0' SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER, COLLIER BOULEVARD D T>NCV Bg W SKETCH &DESCRIPTION OF: PROPOSED RIGHT OF WAY CONSULTING Crvd&r�ea PARCEL 13ORDUE - j v TL 1 Serveyiug &mgFin8 6610 WIIIOW Park Drive, Suite 200 COLLIER COUNTY, FLORIDA Naples, Florida 34109 Phone:(239)$97 -0575 FAX: (239)697 -0576 LB NO.: 6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 150106.02.00 0006 REV #2 1 4 49 2( 11 S.D.L. UN27 SK130RDUE 1 OF 1 WHITS BOULEVARD I OR = OFFICIAL RECORDS (BOOK /PAGE) PERPETUAL, PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE) NON - ROAD RIGHT -OF -WA Y, p�NAGE �Tl EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE AND UTILITY EASEMENT II�L�.4 OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 LEGAL DESCRIPTION FOR PARCEL 13ORDUE A PORTION OF TRACT 127, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17:,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 11 AND 14, TOWNSHIP 49 SOUTM,` RANGE -,21; EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. - ' ' THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET'OF.' -$AID TRACT;,127. CONTAINING 4,500 SQUARE FEET, MORE OR LESS. ' I' 1 7 0 40 BO 160 .0 SKETCH & DESCRIPTION ONLY MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR NOT A BOUNDARY SURVEY FLORIDA REGISTRATION CERTIFICATE NO. 5301 SCALE: 1 " =B0' SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER, COLLIER BOULEVARD D T>NCV Bg W SKETCH &DESCRIPTION OF: PROPOSED RIGHT OF WAY CONSULTING Crvd&r�ea PARCEL 13ORDUE - j v TL 1 Serveyiug &mgFin8 6610 WIIIOW Park Drive, Suite 200 COLLIER COUNTY, FLORIDA Naples, Florida 34109 Phone:(239)$97 -0575 FAX: (239)697 -0576 LB NO.: 6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 150106.02.00 0006 REV #2 1 4 49 2( 11 S.D.L. UN27 SK130RDUE 1 OF 1 N W E S JONES OR 3880/276 39 +00 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 EAST 75' OF TRACT 148 CUELLAR OR 3960/290 NELSON 3669/3282 PROPOSED ROADWAY EASEMENT PARCEL 132RDUE 4.500 S0. FT. 40 +00 Ex 1BIT A Pag (3 of ? 2 TRACT 1. 42 +0 43 +00 4 OR = OFFICIAL RECORDS (BOOK /PAGE) PERPETUAL, NON - EXCLUSIVE PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT ROUE ROAD RIGHT -OF -VI DRAINAGE ( ) AND UTILITY EASEMENT �TTI EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 LEGAL DESCRIPTION FOR PARCEL 132RDUE A PORTION OF TRACT 148, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 11 AND 14, TOWNSHIP 49 SOUTH, RANGE 26 EAST,- COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 60 FEET OF THE SOUTH. 90 FEET OF THE EAST 75 FEET OF SAID TRACT 148. CONTAINING 4,500 SQUARE FEET, MORE OR LESS.`'`' j' 0 40 80 160 Dr: SKETCH & DESCRIPTION ONLY TTTI MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR NOT A BOUNDARY SURVEY FLORIDA REGISTRATION CERTIFICATE,NO: 5301 SCALE: 1 " =80' SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD �� INC SKETCH SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY coxsuL'r A Viral g PARCEL 132RDUE - \ t TA JL Smvgmg &mwmg 6610 Willow Perk Drive, Suite 200 COLLIER COUNTY, FLORIDA Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239)697 -0570 LB No.: 6952 JOB NUMBER REVISION SECTION I TOWNSHIP I RANGE SCALE DATE DRAWN BY FILE NAME SHEET 350106.0.00 00 06 REV #3 14 49 26 1° = 80' 10 -25 -07 S.D.L. UN27 SK152RDUE 1 1 OF 1 N W E S EXHIBIT A TRACT 110 ftg@ L oL v n NORTH- LINE OF TRACT 111 287 +00 288 +00 289 +00 290 +00 - 291 +0 660'(P) ,,rEM III rd i Be= MINE 51 0 NEWS L4 ° PROPOSED RIGHT OF WAY PARCEL 136FEE 4.157 S0, FT. 23'(D) TRACT 111 — — — GOLDEN GATE ESTATES- - o UNIT 26 0 PLAT BOOK 7 PAGE 15 <o 0 ° PORTION OF TRACTS 111 & 112 n� FIFTH THIRD BANK OR 4140/1157 —� LESS OR 4295/1472 PI 10 POINT OF 293 +00 L1 ° 60' ROAD EASEMENT PER PLAT PINE RIDGE RD. FOR PERPETUAL PUBLIC USE — — — _1 o_ w SEMBLER FMLY PRTNRSHP #41 0 d OR 4140/1022 & 4295/1472 p LESS OR 4140/1157 660'(P) w < no wo Q a J N F N- -' W Of - 0 Lai HZ- SEMBLER FMLY PRTNRSHP #41 ORS 4140/1055 LESS OR 4140/1157 S� 660'(P) TRACT 112 OR = OFFICIAL RECORDS (BOOK /PAGE) FEE SIMPLE ® PROPOSED RIGHT OF WAY INTEREST EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE IGLU PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2, PAGE 100 LEGAL DESCRIPTION FOR PARCEL 136FEE LINE TABLE LINE BEARING_ LENGTH L1 S89- 31'35 "W 386.43 L2 S000233"W 75.00 L3 S00'02'33 "W 20.00 1_4 589'31'35 "W 207.87 1_5 N00'00'02"W 20.00 L6 _M8 9' 207.89 A PORTION OF TRACT I11. GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 111; THENCE S.89'31'35'W., ALONG THE NORTH LINE OF SAID TRACT 111 FOR 386.43 FEET; THENCE S0902'33 "W., FOR 75.00 FEET TO A POINT ON THE SOUTH LINE OF AN EXISTING RIGHT OF WAY EASEMENT AND THE POINT OF BEGINNING; THENCE CONTINUE S00'02'33 "W., FOR 20.00 FEET; THENCE 589'31'35 "W., FOR 207.87 FEET; THENCE N00'00'02 "W., FOR 20.00 FEET TO A POINT ON THE SAID SOUTH LINE; THENCE N89'31'35 "E., ALONG SAID SOUTH LINE FOR 207.89 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 4,157 SQUARE FEET, MORE OR LESS. 0 40 so y�lAa`O� SKETCH & DESCRIPTION ONLY Is0 B A. WARD, PROFESSIONAL UN. URVEYOR NOT A BOUNDARY SURVEY " FLORIDA FLORIDA REGISTRATION CERTIFICATE N0. 5301 SCALE: 1 =80' SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY D `X PARCEL 136FEE CONSULTING Qvu nape6mog i 7 ,L a &rV6yIvg&m8py' COLLIER COUNTY, FLORIDA 6610 Willow Perk Drive, SMita 200 Naples. Flodda 34109 Phone: 1239)597 -0575 FAX: 1239)59) -0.578 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY L6 FILE SNAME 050106.02.00 0006 REV #3 15 49 26 in = 80' 02 -15 -08 S.D.L. UN26 SK136FEE SHEET 1 OF 1 0 m 284 +QcI n Q U K Q O a � N �N m� W 0 U w � 0 0_ 286 +00 287 +00 288 +00 289 +00 T�- PINE RIDGE RD. PROPOSED ROADWAY EXISTING 75' RIGHT OF WAY EASEMENT EMENT PARCEL 137RDUE 3,600 SQ. FT. - 230.98'(D)— 20' a EAST 180' OF TRACT 107 a ° SEMBLER FMLY ° °O PRTNRSHP #41 LTD m OR 4140/1022 TRACT 107 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 TRACT 111 — — — N EXHIBIT OR = OFFICIAL RECORDS (BOOK /PAGE) PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE) Page I5- Of 2 J 193.39'(D) EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2, PAGE 100 LEGAL DESCRIPTION FOR PARCEL 137RDUE TRACT 112 I M O N W E S PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT A PORTION OF TRACT 107, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, THE SOUTH 20 FEET OF THE NORTH 95 FEET OF THE EAST 180 FEET OF SAID TRACT 107. CONTAINING 3,600 SQUARE FEET, MORE OR LESS. 0 40 eD iso VICHAE1 S KETCH & DESCRIPTION ONLY ARD, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 NOT A BOUNDARY SURVEY SCALE: 1"=130' SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER, COLLIER BOULEVARD �`T �A INC.P( g SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY `n „ Visun� 96on CONSULTING Civil Pagiveaing PARCEL 137RDUE AL t y Y1 1 Se[ve g &Mapping 6610 Willow Park Drive, Spite 200 COLLIER COUNTY, FLORIDA Naples, Florida 34109 Phone: (239) 5970575 FAX (239)597 -0570 L9 No.: 6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050106.02.00 0006 REV 3 15 49 26 1" = 80' 10 -24 -07 S.D.L. UN26 SK 137RDUE 1 OF 1 K S > = D I-o oL�o °0 w �N O � N mZ r(7 W Q NC7 W Q W — a N Q O r- h a EAST 180' OF TRACT 107 a ° SEMBLER FMLY ° °O PRTNRSHP #41 LTD m OR 4140/1022 TRACT 107 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 TRACT 111 — — — N EXHIBIT OR = OFFICIAL RECORDS (BOOK /PAGE) PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE) Page I5- Of 2 J 193.39'(D) EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2, PAGE 100 LEGAL DESCRIPTION FOR PARCEL 137RDUE TRACT 112 I M O N W E S PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT A PORTION OF TRACT 107, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, THE SOUTH 20 FEET OF THE NORTH 95 FEET OF THE EAST 180 FEET OF SAID TRACT 107. CONTAINING 3,600 SQUARE FEET, MORE OR LESS. 0 40 eD iso VICHAE1 S KETCH & DESCRIPTION ONLY ARD, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 NOT A BOUNDARY SURVEY SCALE: 1"=130' SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER, COLLIER BOULEVARD �`T �A INC.P( g SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY `n „ Visun� 96on CONSULTING Civil Pagiveaing PARCEL 137RDUE AL t y Y1 1 Se[ve g &Mapping 6610 Willow Park Drive, Spite 200 COLLIER COUNTY, FLORIDA Naples, Florida 34109 Phone: (239) 5970575 FAX (239)597 -0570 L9 No.: 6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050106.02.00 0006 REV 3 15 49 26 1" = 80' 10 -24 -07 S.D.L. UN26 SK 137RDUE 1 OF 1 0 i OR = OFFICIAL RECORDS (BOOK /PAGE) 283 +00 284 +00 28 +00 286 +00 287 +00 288 +00 (RDUE) ROAD RIGHT -OF -WAY, DRAINAGE EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE AND UTILITY EASEMENT PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2, PAGE 100 PINE RIDGE RD. PROPOSED ROADWAY EXIS EASEMENT PARCEL 138RDUE 1,500 S0. FT. _ \ 20' \W O _ w w S O_I= —O >I—K C W O p w w —0 m > a ER n w O _ ER a N O HOW Q W NU' D :2, wosW_ TRACT 111 - I� a L- H InQ On asSw O� p 2= O N Z z O d n TRACT 96 �0 N EXHIBIT o NaN 3 o Page d off a a w a SEMBLER FMLY O PRTNRSHP #41 LTD a In ° OR 4140/1022 m to m n cn m � SS � °ter - - - -- 01 193.39' TRACT 107 GOLDEN GATE ESTATES UNIT 26 N PLAT BOOK 7 PAGE 15 W E S TRACT 112 — OR = OFFICIAL RECORDS (BOOK /PAGE) PERPETUAL, NON -EXCLUSIVE PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE) ROAD RIGHT -OF -WAY, DRAINAGE EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE AND UTILITY EASEMENT PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2, PAGE 100 LEGAL DESCRIPTION FOR PARCEL 138RDUE A PORTION OF TRACT 107, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 20 FEET OF THE NORTH 95 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET OF SAID TRACT 107, CONTAINING 1,500 SQUARE FEET, MORE OR LESS. 0 40 eo 160 L1710% SKETCH & DESCRIPTION ONLY 4" O, P ROFESSONAL uNO SURVEYOR NOT A BOUNDARY SURVEY FLORIDA REGISTRATION CERTIFICATE NO. 5301 SCALE: 1 " =80' SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD DIVA INC.pI�Rg SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY Vuualizaoon CONSULTING CSvil&I&=ring PARCEL 138RDUE JL t T tt JL Surveying &Mapping 6610 Willow Park Drive, Suila 200 COLLIER COUNTY, FLORIDA NapleS, Florida 34109 Phone:(239)597 -0575 FAX. (239)597 -0578 LB No.: 6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET" 050106 02.00 0006 REV 3 15 49 26 1" = 80' 10 -24 -07 S.D.L. UN26 SK138RDUE 1 OF 1 0 ° 280 +00 IN 281 +00 i N ' - W E m m n m m WINN OR 1537/698 a 0 V Q 283 +00 284 +00 I PINE RIDGE RD. PROPOSED ROADWAY EASEMENT PARCEL 141RDUE 1,500 SQ. Fr. J O Q In Z "m o 00 �c~Z\ w Z r w o m F � � rO w 0 w 3 m_ °d U 20' O 0 O Z \ w ro 0_ w 0 w C_ p a 0 TRACT 96 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 3 \w " O O oew p w w 0 o D m awe . InQ Or r W Z R ] EXHIB Page a a 0 0 TRACT 107 ' w Id = 7 Of o t < O z O D m '- � a c� ws- � < D m . Q o wo a x wwI- a w Of d x 0& w 1 Z IT A Of 21 a 0 OR = OFFICIAL RECORDS (BOOK /PAGE) Pw PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL (RDUE) USE OF THE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2, PAGE 100 LEGAL DESCRIPTION FOR PARCEL 141RDUE A PORTION OF TRACT 96, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 20 FEET OF THE NORTH 95 FEET OF THE WEST 75 FEET OF THE EAST 150 FEET OF SAID TRACT 96. CONTAINING 1,500 SQUARE FEET, MORE OR LESS. 0 40 80 160 SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY SCALE: 1 " =80' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 141RDUE COLLIER COUNTY, FLORIDA REVISION I SECTION I TOWNSHIP 106.02.00 00061 REV#2 1 15 1 49 1 26 1 1" - /t)f7td? MICHAEL A WARD, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. DATE II` `A // \ V)isoal d. CONSULTING Gvil Eagutmriog 1 \ T T.L 1 surveying & Mapping 6610 Willow Park Drive, Sole 200 Naples, Florida 34109 Phone: (239) 5970575 FAX: (239)597 -05]8 LB No.: 6952 2AWN BY FILE NAME SHEET S D. L. UNZ6 SK141ROUE 1 OF L EXHIBIT %� �qe Of ;2 E I N 660'(P) TRACT 109 F II v 25 L2 S89'31'35'W W E N00'30'23 "W 4 m N89'31'35'E a L5 N63'53'OD 'E S L5 N29'58'55'E m v 660'(P) NERVO OR 3610/1630 NORTH LINE OF TRACT 110 PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT L — TRACT 110 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 5' PROPOSED TEMPORARY CONSTRUCTION EASEMENT 5.02' EAST 225' OF TRACT 110 5.01' EXCEPTING THEREFROM THE .00' SOUTHERLY 75' 0.01' NATIONAL RETAIL PROPERTIES LP 10, OR 4157/2352 LINE TABLE LINE BEARING LENGTH L1 S00'29'08 °E 25 L2 S89'31'35'W 22 L3 N00'30'23 "W 4 L4 N89'31'35'E 18 L5 N63'53'OD 'E 27.73 L5 N29'58'55'E 19.72' L7 N00'29'08 "W 222.02' LB N89'31'41 "E 10.00' 289 +00 0 290 +00 0 2914 — 1 —I- 660'(P) 0 0 OR = OFFICIAL RECORDS (BOOK /PAGE) P'�5 l PROPOSED RIGHT OF WAY 100' WIDE PER PLAT a a 0 M POINT OF BEGINNING PER PLA/ PROPOSED RIGHT OF WAY EAST PwE OF PARCEL 149FEE CT 110 3,765 50. FT. PINE RIDGE RD. EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2, PAGE 100 LEGAL DESCRIPTION FOR PARCEL 149FEE FEE SIMPLE INTEREST A PORTION OF TRACT 110, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 110; THENCE S.00'29'08 "E., ALONG THE EAST LINE OF SAID TRACT 110, FOR 255.02 FEET; THENCE 5.89'31'35 "W., FOR 225.01 FEET; THENCE N.00'30'2S'W., FOR 4.00 FEET; THENCE N.89'31'35 "E., FOR 180.01 FEET; THENCE N.63'53'00 "E., FOR 27.73 FEET; THENCE N.29'58'55 "E., FOR 19.72 FEET; THENCE N.00'29'08 "W., FOR 222.02 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 110; THENCE N.89'31'41 "E., ALONG THE NORTH LINE OF SAID TRACT 110, FOR 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3,765 SQUARE FEET MORE OR LESS. 0 40 BD 1gp BY: SKETCH & DESCRIPTION ONLY MIDHAEL A wARD, PROEESSioNAL uNO sugvEroR NOT A BOUNDARY SURVEY RORIDA REGISTRATION GERi:FIGATE ND. 5301 SCALE: 1 " =80' SIGNING GATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE DRIGINU SIGNATURE ¢ RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER, COLLIER BOULEVARD K11 T• uJ V =�. SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY coxsuLTINC9 Civil B*w iag PARCEL 149FEE Z y TJL 1 saroymi,&Mapp Ug 6610IMUM Park DOVe. S011e 200 COLLIER COUNTY, FLORIDA Napier, Florida 341 o9 Phone: 1239) 597 -0676 FAX: (239) 597,0578 Ino nllworo ......_.. ____ _ LB NO.: 6952 –'– –" ""• "' ...... DI.NEC 'Alt DRAWN BY FILE NAME SHEET' 050106.02.00 0006 REV#3 15 49 26 i" — 80' 104-02-08 08 S D L UN26 SK 149FEE 1 OF 1 Iu N W E S 660'(P) NERVO OR 3610/1630 LINE TABLE LINE BEARING LENGTH L1 589'3141 "W 10.00' LZ S0029'OS "E 222.02' L3 529'58'55 "W 19.72' L4 563'53'00 "W 27.73' L5 S89'31'35 "W 180.01' L6 N00'30'23 "W 5.00' L7 N89'31'35 "E 178.87' L8 N63'53'00 "E 25.07' L9 N29'58'55 "E 16.84' LID N00'29'08 "W 220.66' L11 N89'3 V41 "E 5.00' 289 +00 100' WIDE PER PLAT o a EXHIBIT A Page Iq Of II S M POINT OF 'D BEGINNING NORTH LINE OF POINT OF TRACT 110 L111 COMMENCEMENT PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT TRACT 1IV GOLDEN GATE ESTATES 5•— UNIT 26 PLAT BOOK 7 PAGE 15 PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 149TCE o 2,227 SO. R. 290 +00 0 291+ 660,(P) EAST 225' OF TRACT 110 EXCEPTING THEREFROM THE 15' SOUTHERLY 75' NATIONAL RETAIL PROPERTIES LP OR 4157/2;59 PINE RIDGE RD. OR = OFFICIAL RECORDS (BOOK /PAGE) TEMPORARY PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT CONSTRUCTION EASEMENT ® PROPOSED RIGHT OF WAY EXISTING RIGHT DEDICATED DURATION OFTHE PUBLIC PER PLATBOOK7 TPAGEE15ERPETUAL USE YEARS, LEGAL DESCRIPTION FOR PARCEL 149TCE A PORTION OF TRACT 110, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 110; THENCE 5.89'31'41 "W., ALONG THE NORTH LINE OF SAID TRACT 110 FOR 10.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE S.00'29'08"E., FOR 222.02 FEET; THENCE S.29'58'55'W., FOR 19.72 FEET; THENCE S.63'53'00 "W., FOR 27.73 FEET; THENCE 5.89'31'35 "W., FOR 180.01 FEET; THENCE N.0930'23 "W., FOR 5.00 FEET; THENCE N.89'31'35'E., FOR 178.87 FEET; THENCE N.63'53'00 "E., FOR 25.07 FEET; THENCE N.29'58'55" E., FOR 16.84 FEET; THENCE N.00'29'08" W., FOR 220.66 FEET; THENCE N.89'31'41 "E., FOR 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,227 SQUARE FEET MORE OR LESS. D 40 a0 160 SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY SCALE: 1' =80' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS w/ /C�pi3 91 MICHAEL A. WARD. PROFESSIONAL WdD SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD DI TA Pvl =dd�. \lA/ SKETCH & DESCRIPTION OF: ,F!) PROPOSED TEMPORARY CONSTRUCTION EASEMENT C `S' TI 1 Ci Mai; PARCEL 149TCE 6610 Willow Park Drive, 5.11.200 Naplea,FlorMa 34109 COLLIER COUNTY, FLORIDA Phone: (239) 597A575 FAX: 1239) 597.0576 LB No.: 6952 15 BY SHEET L i r r; N 660'(P) W E S 289 +00 660'( NERVO OR 3610/1630 EXHIBIT A Page �c TRACT 109 TRACT 110 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 0 290 +00 291+ — 5 � 60' I (P) 0 n 35 PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT — PARCEL 149TDRE 1,400 SO. FT. 100' WIDE PER PLAT 0 0 + I M II 1 do TEMPORARY 5' CONSTRUCTION EASEMENT— EAST 225' OF TRACT 110 EXCEPTING THEREFROM THE SOUTHERLY 75' NATIONAL RETAIL PROPERTIES LP OR 4157/2352 PINE RIDGE RD. OR = OFFICIAL RECORDS (BOOK /PAGE) PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 Rs5 TEMPORARY ORIVEWAY RESTORATION EASEMENT PUIVl M S YEARS, LEGAL DESCRIPTION FOR PARCEL 149TORE A PORTION OF TRACT 110, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 40 FEET, MINUS THE EAST 15 FEET AND THE WEST 175 FEET OF THE EAST 225 FEET OF SAID TRACT 110. CONTAINING 1,400 SQUARE FEET, MORE OR LESS. D 40 80 188 BY. SKETCH & DESCRIPTION ONLY 6UH.EL A. WARD. PROFESSIONAL D SURVEYOR NOT A BOUNDARY SURVEY SCALE: I' =80' FLORIDA REOISTRAHON CERUFIEATE NO. 5301 SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGRa SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPEP. COLLIER BOULEVARD SKETCH & DESCRIPTION OF: DI AIN= PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT Civil EpwmI 1 \St /L ; ssia,, bg & mv*g PARCEL 149TDRE Bsm Wlm Park Drive, Smle EGG COLLIER COUNTY, FLORIDA Naples. Florida 34109 Phone:(239)597 -0575 FAX: (239) 597.0578 LB No.: 6952 JOB NUMBER REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050106.02.00 0006 REV REV #3 49 I 26 1" 80' 1 0 —24-07 S.D.L. UN26 SK149TORF 1 OF 1 i 660'(P) N W E S TRACT 111 NORTH 150' OF TRACT 112 CANTIN OR 4165/3318 5' PROPOSED TEMPORARY CONSTRUCTION EASEMENT PROPOSED RIGHT OF WAY — PARCEL 162FEE TRACT 112 5,250 So. FT. 35, _GOLDEN GATE ESTATES 660'( UNIT 1 N PLAT BOOK 4, PAGE 73 CANTIN & DEL POZO 3830/2717 660'(P) OR = OFFICIAL RECORDS (BOOK /PAGE) Pw PROPOSED RIGHT OF WAY TRACT 113 P�TTI EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 162FEE 0 a EXHIBIT A �ge I( of 2 o a 0 0 a m 100' WIDE 100' WIDE_F PER PLAT PER PLAT a /m z 0 a a — FEE SIMPLE INTEREST A PORTION OF TRACT 112, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE:. :26,EAST, "DOLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 35 FEET OF THE NORTH 150 FEET OF SAID TRACT 112. 21'rr, 1, CONTAINING 5,250 SQUARE FEET, MORE OR LESS. , 0 40 so 160 6Y. SKETCH & DESCRIPTION ONLY MICHAEL A. WARD, PROFESSIONAL'IAND SURVEYOR NOT A BOUNDARY SURVEY SCALE: 1 " =80' FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHO AL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR ANO MAPPER. COLLIER BOULEVARD �� T�INC.�rRg SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY / V'�OBnui. CONSULTING Civil HOBueaiog PARCEL 162FEE i I Il 1 Survey ingechleppurg 6610 Willow Park Drive, Suite 200 COLLIER COUNTY, FLORIDA Naples, Florida 34109 Phan.: (239) 697-0576 FAX: (239)597 -0576 LB No.: 6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET )50106.02.00 0006 REV 3 10 49 26 1' = 80' 10 -24 -07 S.D.L. UNi SK162FEE 1 OF 1 0 N a ti W E In I S o NORTH 150' OF TRACT 112 CANTIN a OR 4165/3318 TRACT 112 GOLDEN GATE ESTATES ssa( UNIT 1 PLAT BOOK 4, PAGE 73 z TRACT 111 PROPOSED TEMPORARY CONSTRUCTION EASEMEN PARCEL 152TCE 750 SD. FT. CANTIN & DEL POZO OR 3830/2717 660'(P) TRACT 113 5' 40' N 0 O + 0 r a 108 IBIT -- =-22- e 22 p 0 0 e a �o /tiu�o7 f TEMPORARY OR = OFFICIAL RECORDS (BOOK /PAGE) 100' WIDE 100' WIDE�� PROPOSED 5' .TEMPORARY CONSTRUCTION EASEMENT PER PLAT PER PLAT NOT VALID WITHOUT THE ORIGINAL SIGNATURE a RAISED EMEOSSED SEAL. OF E]j Elf- x A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD P �7l < SKETCH & DESCRIPTION OF: m Z TEMPORARY CONSTRUCTION EASEMENT uj U PARCEL 162TCE W RECORDED IN PLAT BOOK 4, PAGE. 73 OF THE PUBLIC 1 TOWNSHIP 49 SOUTH, RANGE 26; EA,-.T,,,G04LIER -1 0 Phone:(239)597 -0575 FAX: (239) 597 -0578 THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH 150 FEET OF SAID TRACT 112 CONTAINING .750 SQUARE FEET, MORE OR LESS. 0 ! L r t l IL TOWNSHIP RANGE SCALE DATE DRAWN BY 0 SHEET 050106.02.00 0006 n 10 49 m 1" = 80' 10 -24 -07 �o /tiu�o7 f TEMPORARY OR = OFFICIAL RECORDS (BOOK /PAGE) SKETCH & DESCRIPTION ONLY - CONSTRUCTION EASEMENT PROPOSED 5' .TEMPORARY CONSTRUCTION EASEMENT FLORIDA REGISTRATION CERTIFICATE N0. 5301 SIGNING DATE: DURATION -'' YEARS. NOT VALID WITHOUT THE ORIGINAL SIGNATURE a RAISED EMEOSSED SEAL. OF PROPOSED RIGHT OF WAY A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD P �7l EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE SKETCH & DESCRIPTION OF: ILA d OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION FOR PARCEL 162TCE A PORTION OF TRACT 112, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE. 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING. IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26; EA,-.T,,,G04LIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. Phone:(239)597 -0575 FAX: (239) 597 -0578 THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH 150 FEET OF SAID TRACT 112 CONTAINING .750 SQUARE FEET, MORE OR LESS. REVISION ! L r t l IL �o /tiu�o7 f 0 40 60 160 - BY: - SKETCH & DESCRIPTION ONLY - MICHAEL A. WARD, PRQFESSIO1447, LAND'SURVEYOR NOT A BOUNDARY SURVEY SCALE: 1 " =80' FLORIDA REGISTRATION CERTIFICATE N0. 5301 SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE a RAISED EMEOSSED SEAL. OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD "DIX INC SKETCH & DESCRIPTION OF: ` /'A` eO TEMPORARY CONSTRUCTION EASEMENT CONSULTING SPROPOSED . cylag&MVpmg PARCEL 162TCE - 6610 WOmW Perk Drive, Suite 20 Naples, Florida 34109 COLLIER COUNTY, FLORIDA Phone:(239)597 -0575 FAX: (239) 597 -0578 LE No.: 6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050106.02.00 0006 REV #3 10 49 26 1" = 80' 10 -24 -07 S.D.L. UN1 6K162TCE 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST &ROUTING SLIP X06 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exnrnfinn of the (:haifwnm'c eionnhar. draw a line.. thrrv.oh rrudino lines f!t thnmoh 97 rmmmletr the. t4 a &lict awl fnr..M to the (ramie Aft. f?PFre Route to Add s (List in routing order) Office Initials Date L Transportation ER S' ROW (Initial) Applicable) Agenda Date Item was November 13, 2007 Agenda Item Number l OB 2. Does the document need to be sent to another agency for additional signatures? If yes, Type of Document Purchase Agreement Number of Original 1 3. County Attorney Office Attn: Jeff Wright County Attorney Office Documents Attached 4. BCC Office Board of County Commissioners N 5. Minutes and Records Clerk of Court's Office /� 3 PRIMARY CONTACT INFORMATION Normally the primary clot is the person who created/lxgmed the Executive Summary. Primary contact information is needed in the event one of the addrm -Re n ahnve may nerli to rnntart ctafrfnr additional nr miecino info .6— Name of Primary Staff Rebecca Harding Phone Number 252 -5805 Contact / Department Transportation ER S' ROW (Initial) Applicable) Agenda Date Item was November 13, 2007 Agenda Item Number l OB Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, Type of Document Purchase Agreement Number of Original 1 Attached Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed Documents Attached PO number or account number if document is by the Office of the County Attorney. to be recorded All handwritten strike- through and revisions have been initialed by the County Attorney's INSTRUCTION% & CIFIF.[' M JP%T Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate- (Initial) Applicable) 1. I Does the document require the chairman's original signature? ,-- 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information ame; Agency; Address; Phone on an attached sheet. l% 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board Ic 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is Mlicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re 7. In most cases (some contracts are an exception), the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6 8. The document Was approved by the BCC on 11 -13-07 and all changes KV made during the meeting have been incorporated in the attached document. The County Attome 's Office has reviewed the chap es, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. 108 y PROJECT: 68056 (Collier Boulevard) PARCEL No(s): 149FEE, 149TCE & 149TDRE FOLIO No(s): 37930500009 PURCHASE AGREEMENT THIS PURCHASE AGREEME,CNT, (hereinafter referred to as the "Agreement ") is made and entered into on this �� day of 20�r by and between NATIONAL RETAIL PROPERTIES, LP, a Delaware limited partnership, whose address is 450 South Orange Avenue, Suite 900, Orlando, Florida 32801, (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County "). WHEREAS, County requires a fee estate in that land described in Exhibit "A" (Project Parcel No. 149FEE), a temporary construction easement over that land described in Exhibit "B" (Project Parcel No. 149TCE), and a temporary driveway restoration easement across that land described in Exhibit "C" (Project Parcel No. 149TDRE) (hereinafter collectively referred to as the "Property "), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Property; and WHEREAS, Owner and County agree that Owner's driveway connection onto Collier Boulevard should be relocated to the north and reconfigured in substantial conformance with the plans attached hereto as Exhibit "D." 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: All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. The purchase price (the "Purchase Price ") for the Property shall be $250,000 (U.S. Currency) payable at time of closing, subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant or electronic funds transfer, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Property, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Property to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall convey a marketable title, as determined according to applicable title standards adopted by the Florida Bar and in accordance with law, subject to all matters of record except as provided in the following sentence. Owner shall obtain from the holders of any mortgages or monetary liens placed on the 10B Page 2 property by Owner or Owner's tenant, or due to the actions or inaction of Owner or Owner's tenant, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents "): (a) Special Warranty Deed in the form attached hereto as Exhibit "E "; (b) Temporary Construction Easement in the form attached hereto as Exhibit "F "; (c) Temporary Driveway Restoration Easement in the form attached hereto as Exhibit "G "; (d) Owner Affidavit; (e) Public Disclosure Affidavit (or Exemption Affidavit); (f) Subordination, Consent and Joinder with waiver and release from any and all claims of business damages from The Pantry, Inc., doing business at 4025 Pine Ridge Road, Naples, Florida, as "Kangaroo Express" in the form attached hereto as Exhibit "H "; (g) Closing Statement; (h) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; (i) W -9 Form; and (j) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County's counsel and /or title company. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." County shall be entitled to full possession of the Property at Closing. 5. County shall relocate and reconfigure Owner's driveway onto Collier Boulevard in substantial conformance with the plans attached hereto as Exhibit "D" as an integral and inseparable part of its Collier Boulevard six - laning project known as Collier Boulevard Project No. 68056 (Green Boulevard to Golden Gate Boulevard). This provision shall survive Closing. Owner agrees to relocate any existing irrigation system located on the Property including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project and upon notification to Kangaroo Express from County. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. 10B Page 3 If Owner elects to retain improvements and /or landscaping ( "Improvements ") located on the Property, the Owner is responsible for their retrieval prior to the construction of the project and upon notification to Kangaroo Express. Owner acknowledges that County has compensated Owner for the value of the Improvements and yet County is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner and County agree to do all things which may be reasonably required to give effect to this Agreement. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the Property, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) No party or person other than County has any right or option to acquire the Property or any portion thereof. (c) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement which consent may be withheld by County for any reason whatsoever. (d) To Owner's actual knowledge there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts to which owner is a party affecting the Property except for the Kangaroo Express lease and matters of record. (e) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings pending or to Owner's actual knowledge, without any duty to investigate, or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Property or which adversely affect Owner's ability to perform hereunder. (f) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the Property to materially and adversely change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would materially and adversely affect the physical condition of the Property or its intended use by County. 10B Page 4 9. County shall pay all fees to record any curative instruments required to clear title, and all deed and easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance - holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." 10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. All current ad valorem real estate taxes due on the Property during Owner's term of possession, and all maintenance charges and assessments due from Owner, for which a bill is rendered prior to closing, will be charged against Owner on the closing statement. Real Property taxes shall be prorated based on the current year's tax and paid by Owner. If Closing occurs at a date when the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. 12. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 13. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or consensual cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 15. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. This Agreement is governed and construed in accordance with the laws of the State of Florida. 10B Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO CO NTY: DATED: Y M3 �QTt SRZAPP. II HT f-8.FQP6GClerk �Nc signalqw-lantyA '`` �As- T O R` DATED: C.ha -, � By Witness (Sig — nature) Ke11a Schaible Name (Print or Type) to ss (Signature) Kr-,s- o e% rurnt51 Name (Print or Type) Approved as to forru and legal u iciency: A ist g t County Attorney Last Revised: 2 -27 -2012 BY: R 0 NTY.. LORIDA STONERS HILLER, Esq. NATIONAL RETAIL PL ROPERTIES,�, P a Delaware limited partnership By: NNN GP Corp., a Delaware corporation as its general partner (Signature) Paul E. Bayer (Print Name) Executive Vice President (Corporate Title) I z A EXHIBIT g14L WIDE Page I of I PER PLAT N 66w(p) TRACT log E + NORTH UNE OF 660'(P) TRACT 110 NERVO OR 3610/1630 PROPOSED TEMPORARY �®RIWEWAY 7 RESTORATION EASEMENT TRACT i 1 o GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 19 1 PROPOSED TEMPORARY 51 CONSTRUCTION EASEMENT—� EAST 225' OF TRACT 110 til EXCEPTING THEREFROM THE I SOUTHERLY 75' NATiONAL RETAIL PROPERTIES LP OR 4167/2352 iu� i PROPOSED RIGHT OF WAY 141" E PARCEL 149FEE 3,765 So. FT. 290+00 o I 291+0O PINE RIDGE RD. OR — OFFICIAL RECORDS (BOOK /PAGE) PROPOSED RIGHT OF WAY r= EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2, PACE 100 LEGAL DESCRIPTION FOR PARCEL 149FEE FEE SIMPLE INTEREST A PORTION OF TRACT 110, GOLDEN GATE ESTATES, UNIT 25 AS RECORDED IN PUT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NCHrH.EAST CORNER or G THE EAST LINE OF SAID TRACT "110, THENCE 5.00'29'08 "E., N ALO SAID TRACT 110; THENCE S.89*31'35"W FOR 225.01 FEET. FOR 255.02 FEET; THENCE N.00*30*23"v,�� FOR 4.00 FEET: THENCE N.89'31'35"E FOR 180.01 FEET; THENCE N,63'53*0(rE:: FOR 27,73 FEET: THENCE N.29*58'55!'E., FOR 19.72 FEET; THENCE N,0929'09*W., FOR 222.02 FEET 10 A POINT ON THE NORTH LINE OF SAID TRACT 110; THENCE N.89'31'41"E,, ALONG THE NORTH LINE OF SAID TRACT 110, FOR 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3,765 SQUARE FEET MORE OR LESS. SKETCH & DESCRIPTION ONLY 40 — bo �30 qlj�o NOT A BOUNDARY SURVEY ""mmmmt— O.D SVFZM Ini rwl FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY C SCAU� 1'-80' CMMISSIONERS W,OT,,Mo V-`HoUT THE Oft"L SIGNATURE & RAISED EV80=D SEAL or CO 4DA REMSTERED PWESSCNAL SUAVMR AND UAPKR COLLIER BOULEVARD . D C SKETCH & DESCRIPTION OF; PROPOSED RIGHT OF WAY IN Pi vbw&1dw PARCEL 149FEE CONS AL '16. yF1TrjL s COLLIER COUNTY, FLORIDA Napes, Fl3Iga:4'G9 ion Nl��crl 15 1 49 1 LL 14AME ` J,04-0 08 FILL DA, U1428 SX1419FE, I j' a P EXHIBIT I 'f I' , V, ' NOE -PER PLAT j Page —/Of J # N} Y j R � i 1d E 1� I a � �•i jj? f ' .I3E:`dN?ItNG. ROW—li TINE OF f ,11-. WO! E IQ } GCtrtMiNCEitEATP i V PROPOSED TEMPORARY DRIVD14AY t �1� w I FtERYC RESTORATION EASEMENT TRACT 11 C) �' I GOLDEN GATE ESTATES LNE TA6LF UNIT ^2o PLAT 'BOO i r € BEARiN LEN�iH K 7 PAGE 15 I I ^ S�B 31'43W € PROP05ED TEMPORARY CONSTRUCTION EASEMENT s 2 -N/ / I 1 -J Sig W8 55a 1 9:7y PARCEL 149TCE j l a. L4 563 53 0`l W �T 73' ? "5 S39 31 "35 N 180.011, i EAST 225' OF TRACT 114 # !�__ NDD Q 73 U S 56, EXCEPTING THEREFROM THE t5. t.6 1. L7 NETy 3T � E 178.87' I SOUTHERLY 75' I L8 Na3 53 G'Q "E 7.5. ©7' NATIONAL RETAt PROPERTIES LP Uii' {D` .� 4 � OR 4197/2 -��7 PER PLAT � N 4S3 5 "E i6.5,v v ' #�— �-1p —' 'vtX329QS'`vY �22g69' f k L7 ,5 6 "ofi {P} I PINE RIDGE RD. # OR = OFFICIAL RECORDS {c'GOI /PAGE) i � TEMPORARY t PROPOSED TEMPORARY CONSTRUCTION CASEMENT CONSTRUCTION EASEMENT PROPOSED RIGHT OF WAY TO THE PERPETUAL USE DURATION YEARS. THE PUBLIC PER PLArcSOOK 7, PACE 15 LEGAL DESCRIPTION FOR PARCEL 149TCE A PORTION OF TRACT ' 1v> GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7 PAGE: 1:5 OF T } E PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 4H SOUTH, RANEE 25 EAST, COLuER COUNTY, rLU :;pA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, . COMIMENC;NS AT THE NORTHEAST CORNER OF SAID TRACT 170; THENCE S:t39'31 °41 "'M., ALONG THE NORTH LINE OF SAID TRACT 110 FOR 10:00 FEET TO THE P'O!NT OF BEGINNING CF THE FOLLOWING DESCRIBER pARC�_L; THENCE S.0929'05'E., FOR 222.02 FEET-, THENCE S.29'53155'W., FOR 19,72 FEET; THENCE S.G3`5 'GD "Yr., FOR 27.73 FEET; THENCE S.39`3T'36"W., FOR '80:01 FEET; THENCE N:OO'30'23 "W;, FOR 5.00 FEET; THENCE N.59'31 35 "E„ FOR 178.87 FEET;. THENCE N.C3'53'Q0"E., FOR 25.07 FEET, THENCE N.29'58'55'G:, FOR 1584 rEET; THENCE N.0729'08 "w., FOR 220,66 FEET; THENCE N.59'31 41"E_ =OR 5.00 FEET TO THE PINT OF BEGINNING. / CONTAINING 2,227 SQUARE FEET MORE OR LESS: 3 W gn 166 t rr! SKETCH & DESCRIPTION ONLY rxw.rt rncs a vo s Rvc cT NOT A BOUNDARY SURVEY r^.velcA atvtsrst+awet anrvlcA:E DIM Fk&T: L'l'LUF -.R COUNTY GOVERNMENT LIQARD Cr COUNTY �`.1!..trty I rlERS.. VT 04x3 wnwour i e ORpaAk V."ATVAE � sr- Ay ENWISM S" CY A FLI�A REGIST:A{7 LOLL rR DESCR IPTION SEC�fCTi & DS'SCi3IPTION DP: PROPOSED TEMPORARY CONSmUCTION EASEMENT a t r lT�31 s er�a3a1 PARCEL 149TC2 aelaww" Pt* rw.,swam COLLIER COUN'T'Y, FLORIDA rew+�. Ek w.s ti9 Pr:an�; (13dI Lg7 -GL76 FhR: �($9j "v"d�'� @78 d1lo ' 4U6k3ER R£7ESti5-1 GItLiN TqP #NSNIP RANGE SO LE E FILE 'i.r'tii3t5.02,00 00 6 REV#,3 I a° uAT_ DRAWN BY F7t,e NA1AE SI'{:.Ef ,49 26 .= 80' 44 -12 -08 S.D.t.. :1476 SKi�49ICE ' Of T m ioo WID EXHIBIT-LL-" — PER' PLAT E Page--L-of—,L- N TRACT 109_ W E + S 660'(P) 65' 55' a ( If�l PROPOSED TEMPORARY NERVO TRACT 110 DRIVEWAY RESTORATION OR 3610/1630 GOLDEN GATE ESTATES EASEMENT 149TDRE UNIT 26 3,575 SO, f-r. PLAT BOOK 7 PAGE 15 TEMPORARY 5' CONSTRUCTION EASEMENT EAST 225' OF TRACT 110 10. EXCEPTING THEREFROM THE SOUTHERLY 75' NATIONAL RETAIL PROPERTIES LP OR 4157/2352 289+00 290+00 0 291, —1- PINE RIDGE RD. OR = OFFICIAL RECORDS {BOOK /PAGE} PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT TECM - ROW PROPOSED RIGHT OF WAY MAR 2 6 2010 EXISTING RIGHT OF WAY DEDICATE() TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 LEGAL DESCRIPTION FOR PARCEL 149TDRE A PORTION OF TRACT 110, GOLDEN (GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECIPON 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 'THE NORTH 55 FEET OF THE WEST 65 FEET OF THE EAST 180 FEET OF SAID TRACT 1 10, CONTAINING 3,575 SOUARE FEET, MORE OR LESS. 0 40 HAEL A WARD PROFESSION�A LAW suftmop SKETCH & DESCRIPTION ONLY FLMDA Rimv-w. 5301 > 's 1�rvtt NOT A BOUNDARY SURVEY SCALE: 1"=80' , H07 V&'o WfrHOUf THE ORVHAt SOATO E & EIROSSED SEN. OF F COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS FOR: COLLIER RS A I wo APPEP- L0.10A REr*7(RED PROITW`� COLLIER BOULEVARD ON X TAuj`pg=-a.,- SKETCH & DESCRIPTION OF: 43 1�14"FL171 PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT 1 6610 WM— Park DIM SLiM 2M PARCEL 149TDRE N%"s, F�dft 34,09 pb_ CM 597.0576 FAX: aW "7-0573 COLLIER COUNTY, FLORIDA LS M.: 6952 ...... uN25 SK149TOPE OF I L50','0'6.02. 00061 REV L6 1 1 49 J- 26 1 1" = 80' 1 3/23/10 1 PTN . I Cl) Z -i 0. LL 9� 0 0 - W —i LL 0 co w :F EL X 0 W z Z CL �) Its 4 ZZ LQ co L+cl 108 i T L s k U. . . ... . .......... > LA4 Vq ka r II I It f -1 a. 'T Z Q J a M c LL O O 9' cV LLJ 0 J LL p m � _ a X a W z a z a J CL �.1 ti i 9 {'vZ OVA et ►ryuM tl1@.•mR. 1�.!► a C3�"i. 1F Q � 10B 0 ry LLJ (D C UJ < z 0 n LL 0 U) LLJ C) 0 < Z 2 Lu co :D Z 0 ry ry > U- 0 Z 0 p LU < -j ry -j 0 U) C) z 0 M LIJ 0 __j 0 0 ry F- 0 z 0 LLJ co 0 w EXHIBIT--�LL' 10B Page t of-- L PROJECT: 68056 (Collier Boulevard) PARCEL NO.: 149FEE FOLIO NO.: 37930500009 SPECIAL WARRANTY DEED THIS WARRANTY DEED made this day of , 20_, by NATIONAL RETAIL PROPERTIES, LP, a Delaware limited partnership, whose address is 450 South Orange Avenue, Suite 900, Orlando, Florida 32801 (hereinafter referred to as "Grantor "), to COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, 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 Dollars ($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. This property was not acquired by the County pursuant to a petition in eminent domain regarding said property and is not subject to the restrictions imposed by Section 73.013, Florida Statutes. Subject to easements, restrictions, and reservations of record. 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, except as noted above, at the time of delivery of this deed the land was free from all encumbrances made by Grantor, and Grantor will warrant the title to said land and defend the same against the lawful claims and demands of all persons claiming by, through or under Grantor, but against none other. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) EXHIBIT Wage ©f WITNESSES: NATIONAL RETAIL PROPERTIES, LP, a Delaware limited partnership By: NNN GP Corp., a Delaware corporation, as its general partner By: (Signature) (Print Full Name) (Print Full Name) (Signature) (Title) (Print Full Name) STATE OF COUNTY OF The foregoing Special Warranty Deed was acknowledged before me this day of 20 , by , as of NNN GP Corp., a Delaware corporation, as general partner of National Retail Properties, LP, a Delaware limited partnership, on behalf of the partnership, who: is personally known to me OR produced identity. (affix notarial seal) Last Revised: 10 115/10 as proof of (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: agt of 7 PROJECT: 68056 (Collier Boulevard) PARCEL NO.: 149TCE FOLIO NO.: 37930500009 TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT is made and entered into this day of 20 , by NATIONAL RETAIL PROPERTIES, LP, a Delaware limited partnership, whose mailing address is 450 South Orange Avenue, Suite 900, Orlando, Florida 32801 (hereinafter referred to as "Grantor "), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, 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.) WI TNESSETH: That the Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction Easement to enter upon the lands described as follows: SEE ATTACHED EXHIBIT "A" which is incorporated herein by reference, for the purpose of constructing roadway, sidewalk, drainage and utility facilities within the public right -of -way immediately adjacent thereto. The term of this Temporary Construction Easement shall commence upon the issuance of Grantee's official Notice to Proceed to its roadway contractor for the construction of Collier Boulevard Project No. 68056, and shall automatically terminate 1,095 days therefrom. Upon completion of the construction of improvements within the public right -of- way immediately adjacent to the Temporary Construction Easement, Grantee shall use its best efforts to restore the surface of the Temporary Construction Easement area to its pre- existing condition. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. AS TO GRANTOR: NATIONAL RETAIL PROPERTIES, LP, a Delaware limited partnership By: NNN GP Corp., a Delaware corporation, as its general partner By: Witness: Print Name: (Print Full Name) Witness: (Title) Print Name: EXHIBIT � 108 Page L' Of 4 :L STATE OF _ COUNTY OF The foregoing Temporary Construction Easement was acknowledged before me this day of 20 ,by as of NNN GP Corp., a Delaware corporation, as general partner of National Retail Properties, LP, a Delaware limited partnership, on behalf of the partnership, who: is personally known to me OR produced identity. (affix notarial seal) Last Revised: 10/15/10 2 as proof of (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: 1EXHIBIT "(f` 10B Gage of PROJECT: 68056 (Collier Boulevard) PARCEL No: 149TDRE FOLIO No: 37930500009 TEMPORARY DRIVEWAY RESTORATION EASEMENT THIS EASEMENT is made and entered into this day of 20 , by NATIONAL RETAIL PROPERTIES, LP, a Delaware limited partnership, whose mailing address is 450 South Orange Avenue, Suite 900, Orlando, Florida 32801 (hereinafter referred to as "Grantor "), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, 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 Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Driveway Restoration Easement (hereinafter referred to as the "TDRE ") to enter upon the lands of the Grantor, described as follows (the "Easement Area "): See attached Exhibit "A ", which is incorporated herein by reference. THIS IS NOT HOMESTEAD PROPERTY The Easement Area shall be used by Grantee for the purpose of filling, grading and placing concrete, asphalt or rock on the Grantor's lands for the purpose(s) of constructing, with materials of like kind, a driveway /turnout and /or to provide for continuous transition between the existing driveway and the newly constructed road, sidewalk and drainage improvements to /for Collier Boulevard Project No. 68056. This easement includes the right to remove and use any and all excavated material. The term of this TDRE shall commence upon the issuance of Grantee's official Notice to Proceed to its contractor for the construction of Collier Boulevard Project No. 68056 and shall automatically terminate three years therefrom. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) EXHIBIT Page Of sm WITNESSES: NATIONAL RETAIL PROPERTIES, LP, a Delaware limited partnership By: NNN GP Corp., a Delaware corporation, as its general partner (Signature) (Print Name) (Signature) (Print Name) STATE OF COUNTY O_ F By: (Signature) (Print Name) (Corporate Title) The foregoing Temporary Driveway Restoration Easement was acknowledged before me this day of , 20Y, by as of NNN GP Corp., a Delaware corporation, as general partner of National Retail Properties, LP, a Delaware limited partnership, on behalf of the partnership, who: is personally known to me OR produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Last Revised: 10i 15(10 EXHIBIT _"W 108 Page_L,._of L- PROJECT: Collier Boulevard (68056) PARCEL NO: 149FEE, 149TCE & 149TDRE FOLIO NO: 37930500009 SUBORDINATION, CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND JOINDER given this day of , 20 by THE PANTRY, INC., a Delaware corporation, whose mailing address is 305 Gregson Drive, Cary, North Carolina 27511, who is doing business as "Kangaroo Express" at 4025 Pine Ridge Road, Naples, Florida 34119 (hereinafter referred to as "Lessee "), in favor of COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County "). WITNESSETH: WHEREAS, Lessee is has effected constructive notice of its interest in that certain real property described as "The Easterly 225 feet of Tract 110, excepting therefrom the Southerly 75 feet, Golden Gate Estates Unit No. 26, according to the plat thereof, recorded _in the public records of Collier County, in Plat Book 7, Pages 15 and 16," by its recording of a Memorandum of Lease in the Official Records of Collier County, Florida in OR Book 4157, Pages 2356 through 2359, encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property "); WHEREAS, County has requested from the fee simple owner of the Encumbered Property a warranty deed conveying a fee simple interest in a portion of said Encumbered Property described in Exhibit "A" (Project Parcel No. 149FEE), and a temporary construction easement over, under, on and across a portion of the Encumbered Property described in Exhibit "B" (Project Parcel No. 149TCE), and a temporary driveway restoration easement over, under, on and across a portion of the Encumbered Property described in Exhibit "C" (Project Parcel No. 149TDRE), which exhibits are attached hereto and incorporated herein; and WHEREAS, County has requested that Lessee consent to, join in and subordinate its real property interest to the interests that County is acquiring from the Encumbered Property, to which request Lessee has agreed, NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessee does hereby consent to, join in and subordinate the lien of its encumbrance to the County's real property interests described in Exhibits A, B and C, and hereby releases County from any and all claim and /or demand for recovery of business damages as defined in Chapter 73, Florida Statutes. This Subordination is effective whether County acquires the property through donation, negotiated sale, or by eminent domain. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) t 0 Page Z of i — IN WITNESS WHEREOF, the Lessee has caused these presents to be executed this day of 20 WITNESSES: THE PANTRY, INC., a Delaware corporation By: (Signature) (Signature) (Print full name) (Print name) (Signature) (Corporate Title) (Print full name) STATE OF COUNTY OF The foregoing Subordination, Consent and Joinder was acknowledged before me this day of , 20_ by , as of The Pantry, Inc., a Delaware corporation, who: is personally known to me OR who has produced (affix notarial seal) as proof of identity. (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial /Commission #(if any) My Commission Expires: p r This Instrument Prepared By and Return to: Howard S. Miller, Esq. Trenam Kemker 200 Central Avenue Suite 1600 St. Petersburg, Florida 33701 4257146 OR: 4424 PG: 2374 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/03/2009 at 09 :05AK DWIGHT B. BROCK, CLERK REC FEB 44.00 COPIES 5.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR O BIT 8411 Space above this line for recorder's use only CORRECTIVE AMENDMENT TO QUITCLAIM DEED AND TEMPORARY CONSTRUCTION EASEMENT AND RELATED DOCUMENTS THIS CORRECTIVE AMENDMENT TO QUITCLAIM DEED AND TEMPORARY CONSTRUCTION EASEMENT AND RELATED DOCUMENTS ( "Amendment ") is made as of the Zpt- day of J4 tc e r 4 , 2009, by SEMBLER FAMILY PARTNERSHIP #41, LTD., a Florida limited partn ship, having a mailing address of 5858 Central Avenue, St. Petersburg, Florida 33707 ( "Sembler ") and COLLIER COUNTY, a political subdivision of the State of Florida ( "County "). RECITALS: A. Sembler has previously executed and recorded in the Public Records of Collier County, Florida (the "Public Records ") that certain Quitclaim Deed dated November 17, 2008, and recorded in O.R. Book 4413, at Page 0905, of the Public Records (the "Q /C Deed "). B. Sembler has previously executed and recorded in the Public Records that certain Temporary Construction Easement dated November 17, 2008, recorded in O.R. Book 4413, Page 0910 of the Public Records (the "TCE "). C. In connection with the Q/C Deed, Sembler and County previously executed that certain Donation Agreement dated November 17, 2008 (the "Donation Agreement "), and Wachovia Bank, National Association ( "Wachovia ") previously executed and recorded in the Public Records that certain Partial Release of Mortgage dated November 20, 2008, and recorded in O.R. Book 4413, Page 0901 of the Public Records (the "Partial Release "). D. In connection with the TCE, Sembler and County previously executed that certain Temporary Construction Easement Agreement dated November 17, 2008 (the "TCE Agreement "), and Wachovia previously executed and recorded in the Public Records that certain Subordination, Consent and Joinder of Easement dated November 17, 2008, and recorded in O.R. Book 4413, Page 0914 of the Public Records (the "Subordination, Consent and Joinder "). The Q/C Deed, TCE, Donation Agreement, Partial Release, TCE Agreement and Subordination, Consent and Joinder are referred to hereinafter collectively as the "Documents ". Corrective Amendment - 2985590,2 OR; 4424 PG; 2375 I0B E. Exhibit A to each of the Documents incorrectly refers to the Plat of Brooks Village as having been recorded in Plat Book 99, Page 27 of the Public Records, rather than in Plat Book 49, Page 27 of the Public Records. F. The purpose of this Amendment is to correct the incorrect recording information for the Plat of Brooks Village included in each of the Documents. AGREEMENT: NOW, THEREFORE, each of the Documents is hereby amended as follows: Recitals. The recitals are incorporated herein as if set forth in full. 2. Corrective Amendment. Exhibit A attached to each of the Documents is hereby amended by replacing each of the references to the Plat of Brooks Village as being recorded in "Plat Book 99, Page 27" (or "PB 99, PG27 ") of the Public Records with "Plat Book 49, Page 27" (or "PB 49, PG27) of the Public Records. 3. Representations. The persons executing this Amendment and/or the joinder attached hereto represent and warrant that they have all requisite authority to execute this Amendment and /or such joinder (as applicable). 4. Ratification. Except as amended or modified by this Amendment, the terms of the Documents shall remain in full force and effect. 5. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall be taken to be one and the same instrument, for the same effect as if all of the parties hereto (including all parties executing joinders) had signed the same signature page. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. Signatures Begin on Following Page Corrective Amendment - 2985590x2 Witnesses: Print , Name: ti Print Dame J STATE OF FLORIDA COUNTY OF PINELLAS OR; 4424 PG; 2376 SEMBLER'S SIGNATURE PAGE SEMBLER FAMILY PARTNERSHIP #41, LTD., a Florida limited partnership By: Sembler Retail B, Inc., a Florida corporation, its General Partner By Name: Its: (Z rc (J The foregoing Corrective Amendment to Quitclaim Deed a ^d Temporary Construction Easement and Related Documents was acknowledged before me this ' day of JANUAf2 2009, by h0F(n0V -W 5. 5ENPItMis PW61 QENT of Sembler Retail II, Inc., a Florida corporation, the general partner of SEMBVR FAMILY PARTNERSHIP #41, LTD., a Florida limited partnership, on behalf of such entities, [_V_] who is personally known to me or who has produced as identification. fj MICHELLE M. MCINTOSH �?. ' �•. Pnnt Name: M 1 l�l E M MC I NTOF,P MY COMMISSION # D07D9960 EXPIRES August 29, 2011 N 71 ]-0153 (Notari F'.WMNq Services a Con'ective Amendment- 2985590v2 NOTARY PUBLIC My Commission Expires: ATTEST, DWI T E. BRaK,Clerk I r By , De uty Clerk Attest �bx �o Lha ir.an s signatWe on+. STATE OF FLORIDA COUNTY OF COLLIER OR: 4424 PG: 2377 COUNTY'S SIGNATURE PAGE BOARD OF COUNTY COMMIS COLLIER COUNTY, FLORIDA Y Name: 0,1, t A rZA72 Its: Of4a tI`'014sg Appro as to form a e al sufficienA, I . — iT Jeff right, Assistant County Attorney The foregoing Corrective Amendment to Quitclaim Deed and Temporary Construction Easement and Related�ct�tnents was acknoyledged .before me this �palday of tC 009, by n Dnna !R 4A , as _C '-Az2 s of The Board of County ComyKissioners of Collier County, Florida, � who is personally known to me or [_] who j s produced as identification. f (Notarial Seal) Corrective Amendment - 2985590x2 4 Print Name: v NOTARY PUBLIC My Commission Ex CANOlrn3UEFL40N .- MYCOMMISSIOW 7487 -V EXPIRES: . - eaoa.amn, ApN128,2812 �nwewcumen�., * ** OR: 4424 PG: 2378 * ** JOINDER AND CONSENT TO CORRECTIVE AMENDMENT TO QUITCLAIM DEED AND 10B TEMPORARY CONSTRUCTION EASEMENT AND RELATED DOCUMENTS THE UNDERSIGNED, WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association ('Bank "), hereby consents to, approves and joins in the execution of this Corrective Amendment to Quitclaim Deed and Temporary Construction Easement and Related Documents to which this Joinder and Consent is attached. IN WIT SS WHEREOF, the undersigned this 14 day of A , 2009. Witnesses: STATE OF Of i 4421 COUNTY OF Th f regoing instrument 2009, by ecll& c4ws , ASSOCIATION, on behalf of sr produced has caused this Joinder and Consent to be executed WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association By: Name: Va Ik f"1F_ 1'A.�;,'yr -�M,S Its: Dir-e C-4y�' was acknowledged before me is ire c-46e— -of this 1� day of WACHOVIA :h entity, who is personally known to as identification. Print ,_ `dMIK'EKnCt NOT (Notarial Sea]) MMINIM #DD40s4n My a 27fPlHM APAI 27, 2009 N Nftry Publk Underwriters Corrective Amendment- 2995590v2 QBANK ANA NAL me or [_] who has ju Ex Z� D Expires: ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners \l 4\t' 5. Minutes and Records Clerk of Court's Office 1 f:aqiiivk PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Michelle L.Sweet Phone Number 252-6027 Contact/ Department TECM-ROW Agenda Date Item was / Agenda Item Number Approved by the BCC /�/�3 0-7 2,C„(k�rri deal-s /0.5 Type of Document Number of Original Attached ^'`.,t' Documents Attached PO number or account number if document is iJ f/3 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? rt 2. Does the document need to be sent to another agency for additional signatures? If yes, ,` provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 1"// 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board I)/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the l negntiatM co tract datejwhichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. j jA Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 16)ot(enter date)and all changes made N/A is not during the meeting have been incorporated in the attached document. The County )t/5 an option for Attorney's Office has reviewed the changes,if applicable. -•.. this line. 9. Initials of attorney verifying that the attached document is the version approved by the i ' N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for _ Chairman's signature. this line. ITEM NO.: DATE RECEIVED: ID 1 FILE NO.: ROUTED TO: ly Q^ _ REQUEST FOR LEGAL SERVICES DATE: May 29, 2014 TO: Office of the County Attorney FROM: Michelle L. Sweet,ARWP, Property Acquisition Specialist, Growth Management Division—Construction and Maintenance Transportation Engineering—Right-of-Way Acquisitions Phone: (239) 252-6027 E-mail: MichelleSweet( Colliergov.net RE: Easement Agreement with Zivich Project No. 68056 Parcel No. 159TCE BACKGROUND OF REQUEST: Easement is needed for the Collier Boulevard Project. An Offer letter in the amount of $260.00 was forwarded to the owner. The owner contacted TECM and agreed to the offer amount. The title search shows the property is unencumbered. This item HAS been previously submitted as 14-ECM-01832. ACTION REQUESTED: Please review and approve the attached Temporary Construction Easement Agreement. Thereafter, kindly forward same to the Board for the Chairman's signature. Thank you! NADVrt" (./ r G 180114 noire ror I out-h r-'Vt v-o it a t n nA TRO4v--- 108 PROJECT: 68056 Collier Boulevard PARCEL No(s): 159TCE FOLIO No(s): 36617720006 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this Z7' day of , 2014, by and between PETER ZIVICH and JOYCE M. ZIVICH, husband and wife, whose mailing address is 2101 Tama Circle, Apt. 102, Naples, FL 34112 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, the County requires a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as "TCE"), which is attached hereto and made a part of this Agreement, for the purpose of constructing roadway, sidewalk, drainage and utility facilities within the public right-of- way immediately adjacent thereto; subject to the restrictions contained herein; and WHEREAS, the Owner desires to convey the TCE to the County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the County has agreed to compensate the Owner for conveyance of the TCE. 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the TCE to County for the sum of $260.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Cq . 10 B Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the TCE, the execution of such instruments which will remove, release or subordinate such encumbrances from the TCE upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Temporary Construction Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller. 5. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. Owner agrees, represents and warrants the following: CAU 10B (a) Owner has full right, power and authority to own and operate the property underlying the TCE, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the TCE shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the TCE or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the TCE or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the TCE, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the TCE. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the TCE or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the TCE which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the TCE to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the TCE and not to do any act or omit to perform any act which would change the physical condition of the property underlying the TCE or its intended use by County. (h) The property underlying the TCE, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, CA 108 stored, treated or transferred on the property underlying the TCE except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the TCE to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the TCE; b) any existing or threatened environmental lien against the property underlying the TCE; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the TCE. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 6(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. County shall pay all fees to record any curative instruments required to clear title, and all TCE recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the TCE; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." Furthermore, in accordance with the exemptions provided for in Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 9. The term of the TCE shall commence upon the issuance of Grantee's official Notice to Proceed to its roadway contractor for the construction of the Collier Boulevard Project, and shall automatically terminate 1,095 days therefrom. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 0 108 11. If the Owner holds the property underlying the TCE in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the TCE before the TCE held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. Conveyance of the TCE, or any interest in the property underlying the TCE, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 13. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 14. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: I'ha1 Aoiq BOARD OF COUNTY COMMISSIONERS D ILG1-1T E. BROCK, Clerk COLLIER COUNT , FLORIDA - � 1 1 B : !A.A.:. ;lDepy�ty "-' TOM HE " G, C .• an Aft•st as-toad's ` signature only. 108 AS TO OWNER: DATED: /ha .27�' .2-0ry __ Wi r� ignature) PETER ZIVI A.013 Ae; "i- QoSC ({ Name (Print or Type) Wi ness (Signature) JO E M.ZIVICH ✓ MCHELEL. SWEPT Name (Print or Type) Approved as to form and legality: II .IL.. ■■■14.■ !_v 1 Assistant County Attorney Last Revised: 6/3/2013 CA(, 1013 8 EXHIBIT_ 0 I S I I Vf I 1 I Nt 7 L m I j — II ( lI cl TRACT 113 0 p I � II Ti LI °A^ 40 % D , f ■ PROPOSED TEMPORARY ♦, G�3 S CONSTRUCTION EASEMENT / PARCEL 159TCE �� / �o �i NORTH 150' OF TRACT 114 750 S0. FT ',/ mi ZIVCH & ZNCH I a OR 1290/1985 ////f' kilte 1 i 0 ± 100' WIDE.// 100' WIDE TRACT 1 14 PER PLAT d PER PLAT--� .. ___ GOLDEN GATE ESTATES f��/ lj UNIT 1 _ . ._:`.. € PLAT BOOK 4, PAGE 73 HAITIAN BETHESDA I ° . BAPTIST CHURCH (( + n OR 3645/1617 'C I. I i . I L. ._._ 0 o `� 25+00 27+00 28+00 29+00 +30:.Du' 5TH AVE. S.W. I i 1 TEMPORARY �OR = OFFICIAL RECORDS (BOOK/PAGE) CONSTRUCTION EASEMENT \``.1 PROPOSED 5',TEMPORARY CONSTRUCTION EASEMENT F. PROPOSED RIGHT OF WAY DURATION 2 YEARS. ( '7fl EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE 2'.....z.11 OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 159TCE A PORTION OF TRACT 114, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE.26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH 150 FEET OF SAID TRACT 114. f CONTAINING 750 SQUARE FEET, MORE OR LESS. 1191 O +O BO 100 � SKETCH & DESCRIPTION ONLY _____ M■CNAEL A WARD.PROFESSIONAL LAND SURVEYOR NOT A BOUNDARY SURVEY — FLORIDA REGISTRATION CERTIFICATE NO.5301 SCALE: 11.55' SIGHING DATE: FOR COLLIER COUNTY GOVERNMENT BOARD .1F COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE k RNSED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD T A/J��C SKETCH & DESCRIPTION OF: IV N8 PROPOSED TEMPORARY CONSTRUCTION EASEMENT Z< ► V.I. , Surveying el Mapping PARCEL 159TCE 6610 Willow PIRA Drive.SOY.200 Nape..Fbrida 31109 COLLIER COUNTY, FLORIDA Phone:(239)5970575 FAX:(239/597.0578 LB No.:6952 JOB NUMBER 1 REVISION SECTION TOWNSHIP I RANGE 1 SCALE I DAIS I DRAWN BY I FILE NAME 350106.02.00 0006 REVN3 I 10 I 49 26 1" = 80' JI 10-24-07 S.D.L. UN1 SK159TCE I OF t 1r r; ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 O /1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO it THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throu h routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial ) Applic able) Agenda Date Item was 2. Agenda Item Number 10 c Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Type of Document Developer Contribution Agreement Number of Original 4. Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Nick Casalanguida Phone Number 417 -6064 Contact appropriate. (Initial ) Applic able) Agenda Date Item was 11 -13 -07 Agenda Item Number 10 c Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Developer Contribution Agreement Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial ) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, t, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board i` c 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. L 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. yy., Some documents are time sensitive and require forwarding to Tallahassee within a certain V/ time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11- 13- 07(enter date) and all changes made during the meeting have been incorporated in the attached document. The �7 County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 122 DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS' CONSORTIUM 100 THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this 134- of �� t ter, 2007, to be effective as of the date upon which this Agreement 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, KITE EAGLE CREEK H , LLC, an Indiana limited liability company, KRG EAGLE CREEK IV, LLC, an Indiana limited liability company, KRG 951 & 41, LLC, an Indiana limited liability company, TOUSA HOMES, INC., a Florida corporation, ABC LIQUORS, INC., a Florida corporation, NBC RV, LLC, a Florida limited liability company, NBC LAND HOLDINGS, LLC, e ° _ a Florida limited liability company, NAPLES BIG CYPRESS MARKET PLACE LIMITED PARTNERSHIP, LLLP, a Florida limited partnership, REALTYNET REAL ESTATE, LLC, a Florida limited liability company, and HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., a m� Florida non it corporation (each a "Developer" and, collectively, the "Consortium Developers ") o n and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter S referred to as "County "). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, " as amended. � 2 RECITALS' z m m oY WHEREAS, the Consortium Developers each own or control portions of the w a development projects (each a "Development" and collectively, the "Developments "), identified M graphically in Exhibit "A" and by legal descriptions in Exhibit `B" and located in unincorporated o s Collier County, Florida; and m� ° o a WHEREAS, LDC Section 10.02.07.C.4. provides that "Upon approval by the Board of N d o County Commissioners, any applicant shall enter into an enforceable development agreement ° d with Collier County pursuant to the provisions of F.S. §§163.3220--163.3242 or other agreement o"', A acceptable to the Board of County Commissioners, in conjunction with the approval of a development order and/or a certificate of public facility adequacy. The effect of the development aagreement shall be to bind the parties pursuant to the terms and conditions of the development agreement and the certificate of public facility adequacy in order to insure that adequate public facilities are available to serve the proposed development concurrent with when the impacts of the development occur on the public facilities;" and 0 0 WHEREAS, the Consortium Developers and the County desire to enter into this a Agreement in order to grant to each Developer vested concurrency rights with respect to the Development owned or controlled by it, in exchange for the Consortium Developers fully s funding, at their sole cost and expense, the design, permitting, construction, Construction- Engineering and Inspection (CEI), and land acquisition for the Road Project. The Road Project a shall consist of (1) at grade intersection improvements at the intersection of CR Route 951 and m SR Route 41, (2) six lane road improvements from the intersection of CR Route 951 and SR Route 41 to Henderson Creek, and (3) four lane road improvements from Henderson Creek to 0.25 miles east of Naples Reserve Blvd., all as generally depicted on the Project Overview Map 1- 10C attached as Exhibit "C" and the conceptual cross - sections as set forth in Exhibit "D." All work to be performed in conjunction with the Road Project will be designed and constructed in accordance with the preliminary plans set forth as Exhibit `B," and will be subject to State and County approval. The parties agree that the final plans may change and shall be subject to SFWMD approval. The Road Project improvements shall include bridge, culvert and CR95IfUS -41 intersection improvements as depicted in Exhibit "F" that have been approved by FDOT for general compliance with the US 41 PD &E study. The parties hereto estimate that the total cost of the Road Project is approximately $52,938,385. hrespective of the actual cost of the Road Project, and as more particularly set forth herein, the Consortium Developers shall be granted the total sum of $28,466,874.46 in Road Impact Fee Credits; and WHEREAS, the County is willing to enter into this Agreement in order to accelerate the improvement of this intersection and road at a cost which the County believes is less than that which the County could otherwise obtain; and M N WHEREAS, the Transportation Administrator of the County has recommended to the off. Board of County Commissioners that the Road Project set forth in this Agreement is in the conformity with the contemplated improvements and additions to the County's transportation M o network; and M cl� WHEREAS, after reasoned consideration by the Board of County Commissioners, the CD Board finds and reaffirms that: a. The Road Project is in conformity with the contemplated improvements and additions to the County's transportation system; b. The Road Project, viewed in conjunction with other existing or other proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth- necessitated capital improvements and additions to the County's transportation system; and C. The Road Project is consistent with both the public interest and with the comprehensive plan, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance. NOW, THEREFORE, in consideration of Ten Dollars (10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. -2- lop Developers' Commitments 2. The Consortium Developers will fully fund, at their sole cost and expense, the design, permitting, construction, and land acquisition for the Road Project, and will also provide a County and FDOT approved CEI for the Road Project. The Road Project shall be submitted for review, permitting and inspection through the Collier 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 be considered. All permit applications will be filed on behalf of the County. Final acceptance shall be consistent with the typical State or County acceptance process for public roads. Any and all construction agreements relating to this Road Project must first be submitted to the County for approval, which approval shall not be unreasonably delayed or withheld. The County reserves the right to require each and every construction agreement relating to the Road Project to contain a clause that would allow for the assignability of the agreement to the County at County's written request, M N with such language to be prepared by the Office of the County Attorney, the purpose of which c 7 would be to allow the County to complete the Road Project if need be. w M 3. All property acquired in connection with this Road Project shall be promptly ° conveyed to the County in fee simple, free and clear of all liens and encumbrances, made by an d" executed General Warranty Deed, suitable for recording, the general form of which is attached a hereto as Exhibit "G." The Consortium Developers will pay the costs of any title work and o searches, and shall be responsible for all costs for promptly removing or curing any liens, encumbrances revealed in any title work. Upon receipt, the County shall record each General Warranty Deed in the Public Records of the County, and all costs of recording and conveyance shall be paid by the Consortium 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 borne by the Consortium Developers. The County acknowledges that the Consortium Developers are following the current draft FDOT PD &E study prepared for the applicable project area for right -of -way widths. It is anticipated that the right -of -way takings will be minimal except for land required for water management and turn lanes. 5. Not later than two hundred seventy (270) days after the Effective Date, the Consortium Developers shall post a performance bond acceptable to County as a financial guarantee for the then - estimated total design, permitting, construction, mitigation, CEI and land acquisition cost of the Road Project. The Consortium and County agree to review the performance bond amount at the milestone dates to revise the amount as mutually agreed upon by both parties to reflect the current project engineer's estimate or the construction contract amount. Should the Consortium fail to post the revised bond, then at anytime after thirty (30) days written notice to the Consortium, the County can declare the Consortium to be in substantial breach of this Agreement, in which event (a) the phasing schedule will terminate; (b) the County will call the performance bond; (c) the County will build or cause to be built as much of the Road Project as financially feasible under the existing performance bond, with the Consortium Developers using their best efforts to assist the County's efforts in completing the Road Project, including but not limited to assigning any permits and agreements and completing the conveyance of needed right -of -way; and (d) this Agreement shall terminate in all other respects, 3- IWA except that the Consortium shall still be entitled to the Impact Fee credits, but no additional certificates of occupancy shall be granted outside of the last approved completed phase. 6. Within ninety (90) days after written request, Naples Reserve LLC will provide for and grant and dedicate to the County a 100 -foot reservation of rights for an alternative north- south road way east of Collier Blvd. along the west property line of Naples Reserve. Such right - of -way will be in the approximate location as depicted on Exhibit "H." In addition to donating the road right -of -way, Naples Reserve LLC shall provide for the surface stormwater management for a four lane urban section for the portion of the road constructed within the donated right -of -way, and provide drainage structure connections to the limit of the reservation area. The right -of -way shall be donated at no cost to the County as set forth in paragraph 3 above. 7. The Consortium Developers will abide by a phasing schedule for their respective Developments as set forth in Exhibit "I." Phasing shall be done in accordance with the following Project Milestones. �`' • Upon posting of the Bond M 0 • Commencement of Construction of the Road Project o • Substantial completion of the Road Project (all lanes open to traffic) Collier County Site Development Permits, SPDAs, PPL's, Zoning and Building permits can be issued for all projects upon execution of this Agreement, however no certificates of occupancy will be issued until the Project Milestones are completed. 8. Each of the Developments may incorporate into their respective water management systems, all required water quantity and water quality treatment for the Road Project. The Consortium Developers shall contribute right -of -way for the at grade improvements recommended in the FDOT PD &E Study and as required by the South Florida Water Management District. County Commitments 9. The County has determined that the Road Project is an interim improvement consistent with the FDOT PD &E that provides capacity for the Consortium Developers and already vested adjacent developments for a portion of the study area. Accordingly, no additional development approvals that directly impact this segment of US- 41will be granted outside of this Agreement until the Road Project is completed unless otherwise approved by the Board of County Commissioners. Upon completion of the Project, the County shall evaluate the roadway capacity, background traffic and vested trips to determine if any additional approvals may be granted. 100 Benefits to Developers 10. In accordance with the phasing schedule, as set forth in Exhibit "I" the Consortium Developers shall receive the sum of $28,466,874.46 in Road Impact Fee credits as set forth in a copy of the Impact Fee Ledgers, attached as Exhibit "J ". The credit for Road Impact Fees identified herein shall run with each of the respective Developments and shall be reduced by the entire amount of each Road Impact Fee due for each Building Permit issued thereon until the respective Development project is either completed or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement with County. The foregoing reduction in the Road Impact Fees shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is submitted. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which the �r respective Developer, its successors and assigns are responsible in connection with the M development of their lands. It is expressly understood that the Impact Fee Credits will be utilized in the order in which the Building Permits are reviewed by the Impact Fee cs p, Administration, irrespective of whether Developer assigns all or part of the Development. M 11. In accordance with the phasing schedule, as set forth in Exhibit "I" the Consortium Developers shall also receive Certificates of Adequate Public Facilities r ( "Certificates ") vesting each of the respective Developments to construct those units set forth o therein for the purposes of meeting the County's Transportation Concurrency requirements. Issuance of these Certificates, however, will not relieve the respective Developers from their respective obligation to pay road impact fees for their respective units. Legal Matters 12. This Agreement shall not be constructed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 13. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving written notice to the County, each of the Developers may assign all or part of the Road Impact Fee Credits to which they are entitled utilizing the County's then current form of assignment, to successor owners of all of part of the Developments, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. A Consortium Developer may transfer or assign all or a portion of the approved density or square footage to another project on the same roadway link (US -41 from SR951 to Greenway) or that directly impacts the intersection of US41 with SR- CR951 as shown on Exhibit "C ", whether owned by that Consortium Developer or owned by another developer. 14. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner or its successors or assigns, of the necessity of complying with any law, ordinance rule or regulation governing said permitting requirements, conditions, terms or restrictions. -5- loc 15. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a many which best reflects the intent of this Agreement. 16. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by 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 next successive business day to the date of the courier, if sent by nationally recognized overnight delivery service, or if delivered by Certified Mail, upon actual receipt. M 17. Each Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the C`3 Effective Date. Developers shall pay all costs of recording this Agreement. The County shall d`"' provide a copy of the recorded document to the Developers upon request. 0 18. In the event of any dispute under this Agreement, the parties shall attempt to resolve such dispute first by means of the County's then- current Alternative Dispute Resolution Procedure, if any. Following the conclusion of such procedure, if any, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and remedy being cumulative with any and all other remedies available to the parties for the enforcement of the Agreement. 19. This Agreement constitutes the entire agreement between the County and the parties with respect to the activities noted herein and supersedes and takes the place of any and all previous agreements entered into between the parties hereto relating to the transactions contemplated herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto hereby are canceled. 20. The individuals signing this Agreement on behalf of each party represents and warrants that he or she has the full power and authority to execute this Agreement for the party upon whose behalf he or she is executing same and that upon such execution, such party shall be fully bound by each and every provision of this Agreement. 21. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. 22. This Agreement may be executed in separate counterparts, each of which when so executed shall be an original, but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT Fs., $ROCK, Clerk M ate. Att:eat 8s, to Ott Deputy Clerk M f"ly4� o M ter+ App . Ve ,, t o a and ency: 0 County Attorney -7- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL RIDA By: 44401 JAOS COLETTA, Chairman 10 M c� M O M ct• SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: Signature %Printed Name L"' ignatur -- NAPLES liability Title: �l/lnl ln! ME.tft3c of Gulf Coast Naples Reserve, LLC; the Managing Member of NAPLES RESERVE, LLC L Ef i c S +11(Ot") Dated: / 1— 8 —07 Printed Name STATE OF - ) COUNTY OF L ) B__efore, a Notary Public in and for said County and State, personally appeared 1�,.T�._ the of Gulf Coast Naples Reserve, LLC, Managing Member of NAPL S RksEwE, LLC, a Florida limited liability company, who acknowledged the execution of the foregoing instrument as such officer for and on behalf of said limited liability company. Witness my hand and ^""°�. CINDY L. SMALLWOOD Notary Public -State of Florida �•. My Commission Expires Jun 5, 2009 '-:` Commission #DD 476494 4f ; pq Bonded By National Notary Assn. My Cormnission. Expires: PRO (printed name) Notary Public County of Residence: C'o / // e.- 10� r- c+� 6 o. M O M P SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: KITE EAGLE Ex II, LLC, an Indiana / limited lia it co pany B /� By: Signatures I Cr 6 T � `7- ir�0 •G � ((,{ -, �� ame: `�j-�p Mh S �. %'i G 6aJ��}N Printed Name Title: t c fA 1 N a elyf: i rxr" �e ��'X�IZ'e -( i Signature 2fk�4 z2 le- 7� Printed Name STATEOF I1`(f]I4-NA ) SS: COUNTY OF MA-R 1p(Q ) Dated: Q ck6cr.z 3 I _ .20o i 10C Before, a Notary Public in and for said County and State, personally appeared -( ymAs K. MCA own , the Cal of KITE EAGLE CREEK II, LLC, an Indiana limited liability company, who a knowledged the execution of the foregoing instrument as such officer for and on behalf of said limited liability company. ` ',Xionas4 my hand and Notarial Seal this 23r '-day of © Ck OLD 2007. Q:. NOTARY ' 2 signature) SEAL ` . PUBLIC = * ' Aoliu4i (c(•►►)A (printed name) STq� of �tyO Notary Public My Commission Expires: &I'I 20, 2ai t l County of Residence: Va,tovj 0o M N c� M O M C1' SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: KRG EAGLE CREEK IV, LLC, an Indiana limited liability any By: ignature ar � , Name:7S K. i'{ C-(:1, �.t/J J it �— -l-r'oG)rc �ptA �• Printed Name Title: offirrv- STATE OF ItJ0,A0A Dated: O G"Cr- Z 3� 2-6o? ) SS: COUNTY OF ("q R40t3 ) Before, a Notary Public in and for said County and State, personally appeared Somas K • KC 6wv jci, 1 ,the Cbu Q Of KRG EAGLE CREEK IV, LLC, an Indiana limited liability company, Vvho acknowledged the execution of the foregoing instrument as such officer for and on behalf of said limited liability company. Witness my hand and Notarial Seal this 2 4day of ©e+o6,/ '2007. NOTARY SEAL ►fin * ' PUBLIC * (printed name) :sue•. = ,,,q •.•�P; Notary Public OF INV' .' My GrNtllrMisslSn Expires: County of Residence: ,ial -j W, 7,01-( 961 r t6vX 10C SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: M N Printed Name (F/ A ' Signature c� 0 �� n � l �. r PP jrinted Name C> 0 STATE OF Ir40tA- ►A ) ) SS: COUNTY OF tkA{L1D(,] ) KRG 951 & 41, an Indiana limited liability compa y By: Kame: p root A S K M C&0L'3"1 —'q itle: (�h)t� q ir�t� YcCr Dated: 2--3/ .2,-)d 7 Before, a Notary Public in and for said County and State, personally appeared -hovxas K. W6)ow6trN the of KRG 951 & 41, LLC, an Indiana limited liability company, who acknowledged the execution of the foregoing instrument as such officer for and on behalf of said limited liability company. Witness my hand and Notarial Seal this 23rd day of OGkober 2007. �°Q�P • .... _ .. 129,, ✓ � �'� ` NOTARY 2 ture)— SEAL * '• PUBLIC � '•. - (printed name) . . . . �p�� =' Notary Public OF INS •.,x..... „,,. "` My Commission Expires: County of Residence: h-f VV�O \, 0 M N 6 C1� M d M 111 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: Signature -If -e n e r.2✓ Printed Nam , Signature Printed am STATE OF -t' DI'f.CL<— ) ) SS: COUNTY OF Le-e ) TOUSA HOMES, INC., a Florida corporatio By: Name: ba..4 A Co Lt1 Title: I�yl�lcin d' -.6.Lt— Dated: ! j ) Z 2,-` ? Before, a Notary Public in and for said Countyy and State, personally appeared Q4VLC4 �. the �jVl S IGr&% 4. of TOUSA HOMES, INC., a Florida corporation, who acknowledged the execution of the foregoing instrument as such officer for and on behalf of said limited liability company. Witness my hand and Notarial eal this day of oVtM�TGY, 2007. i - VGA (signature) 5ARA MA L t vet (printed name) Notary Public pg�)rf$fj,, SARA Commission Expires: County of Residence: g "Commission DD 684700 �. Expires July 5, 2011 '1- 5- ZD1 1 Lee, ,gip„ �,, Bwn dIm Tmy Fm lwu B03B'7019 10C SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: ABC LiQuoRs, INC., a Florida corporation Name: Jo ua C 1 tJF 5 Cdr) S- Uar-k`C M Printed Name Title: f-O Signature -- o Dated: rl b' Printed Name a O /_ STATE OF fAY ' jA(,j ) SS: COUNTY OF � Before, a Notary Public in and for said County and State, personally appeared \/a A.�rt_C'. £' L . x , the r F O of ABC LIQuoRs, INC., a Florida corporation, who acknowledged the execution of the foregoing instrument as such officer for and on behalf of said limited liability company. Witness my hand PE: 3/ day (signature) My Commission Expires: 13 - -I -Og (printed name) Notary Public County of Residence: (:)�-lny JOHN F. BENNETT MY- COMMISSION k DD 476092 EXPIRES, December 7,2009 Bonded Thm Naary PLt k Undarvrt sm l0C SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM NBC RV, LLC, a Florida limited, liability company By:'� Name: Title: aACSiAp 112er. G - -e--- (�l— Dated: // -eq —O ? ARefo�e, a No Public in and for said County and State, personally appeared A /�tS/ � the DT�11-4 2')')91YI- or— of NBC RV, LLC, a Florida limited liability company who acknbAw the ,execution of the foregoing instrument as such for and on behalf of saSdUJ/. Witness my hand and N Seal this da fA/QV 2'6oV7200T CINDY L.SMALLWOOD (signature) Notary Public - State of Florida My Commission Expires Jun 5' 2009 Commission # OD 416494 "" Bonded By National Notary Assn. S �— (printed name) Notary Public My Commission Expires: County of Residence: & 5 a(ong 6111'�- WITNESSES: AA—- �"" Signature � Printed Name S C7 ignature w M' S},-,,�i�..a ° Printed Name d+ a 0 STATE OF FlD ) )SS: COUNTY OF NBC RV, LLC, a Florida limited, liability company By:'� Name: Title: aACSiAp 112er. G - -e--- (�l— Dated: // -eq —O ? ARefo�e, a No Public in and for said County and State, personally appeared A /�tS/ � the DT�11-4 2')')91YI- or— of NBC RV, LLC, a Florida limited liability company who acknbAw the ,execution of the foregoing instrument as such for and on behalf of saSdUJ/. Witness my hand and N Seal this da fA/QV 2'6oV7200T CINDY L.SMALLWOOD (signature) Notary Public - State of Florida My Commission Expires Jun 5' 2009 Commission # OD 416494 "" Bonded By National Notary Assn. S �— (printed name) Notary Public My Commission Expires: County of Residence: & 5 a(ong 6111'�- M t0 M �j o.. c+-7 n r� cr a 0 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: pSignature 2 •- -1,-.. -.it'd ��l.r °�'o -+� Printed Name Sigma e ed Name STATE OF t7oYtdd_ ) COUNTY OF SS: (' 1/� ) NBC LAND HOLDINGS, LLC, a Florida limited liability company By: y Name. Title: Dated: 11-6 "07 [g/�for , No ary Publi c in and for said vC�o�u/n�ty {.and State, personally appeared d/ /Q rT/ J ,the n�J,M(] i / ,-79h i- of NBC LAND HOLDINGS, LLC, a Florida limited liability company *ho4bknowleoged .�t�he execution of the foregoing instrument as such for and on behalf of saidt" Witness my hand and CINDY L SMALLWOOD _ Notary public - State of Florida • = My Commission Expires Jun 5, 20o9 Commission # DD 416494 "" Bonded By National Notary gsso, My Commission Expires: Seal this v 4ay-af 2007- Notary Public County of Residence: 61j ///go,— loc d- M N Cam-. 11 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: Signature rinted Nam Sign Are P i ted Name STATE OF T ( Y ) SS: COUNTY OF14,111110r ) NAPLES BIG CYPRESS MARKET PLACE LIMITED PARTNERSHIP, LLLP, a Florida limited partnership ` By: Name: Title:_�� ^° of Basik Develo e , Liifr LC; the General Partner of NAPLES BIG CYPRESS MARKET PLACE LIMITED PARTNERSHIP, LLLP Dated: -n 7 ��//� efdj� a Notary Public in and for said County and State; personally appeared Gflf�/ ' C , the / / 11W, M4W2)�y- of Basik, Development; LLC, the General Partner of NAPLES BIG P S MARKET PLACE LIMITED PARTNERSHIP, LLLP, a Florida limited partnership, who acknowledged the execution of the foregoing instrument as such for and on behalf of said JJlYix'ev . Witness my hand and Notpkoeal this �^ K „a�„•, CINDY L. SMALLWOOD Notary Public - State of Florida -J Si tWe (signature) My Commission Expires Jun 2009 Commission # DD 416494 9 Bonded By National Notary Assn. (printed name) Notary Public My Commission Expires: County of Residence: /P ejll�er r7 6 O� M 6 M WITNESSES: SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM REat.T ,K y� REAgE JTATE, FloridXirr/ted liab i cgnu —i By Signature Name: Pted Name Title: Signature Printed Name STATE OF L�Q rjo ) SS: COUNTY OF�(��iv� ) Dated: Before, a Notary Public in and for said County and State, personally appeared Dory �\aiklt , the (-) eNXC of REAL,rNNET REAI. ESTAI'E, LLC, a Florida limited liability company, who acknowledged the execution of the foregoing instrument as such officer for and on behalf of said limited liability company. Witness my hand and Notarial Seal this _ day of tmem •.-_, 2007. - - -- (signature) LOIS FRAZIER 0*' My Qd un sszomaHxpires: a)a0 a0/i' %ra Zi K r (printed name) Notary Public County of Residence: �� i'��bn 10C SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: Si 9lc a (��i' ��l�i�rr►� fl i Prnted Name m � N /f� P� Signal— �— o r' ma C) rrn by Printed Name a O STATE OF SS: COUNTY OF (Al 1 e Y ) HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., � a Florida Non -Profit Title: President Before, a Notary Public in and for said County and State, personally appeared Samuel J. Durso, MD.,. the President Of HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., a Florida Non -Profit Corporation, who aclmowledged the execution of the foregoing instrument as such officer for and on behalf of said limited liability company. Witness my hand and Notarial Seal this L day of QC l tA er , 2007. re) >;��'"jNO MALORA -TREJO (signatuature) i 'Ti7 MY COMMISSIONq DD59033R 'ria �- ! 2� exe aes� a�y�s�ze, zoi° 0(n2c l ��U — to •�- Wi,4NOrnitr F�.No�mY l)iswum Aaa. Ca. __ (printed name) Notary Public My Commission Expires: ens /�/90/o/90/O County of Residence: 1Q, SCHEDULEI Notice Addresses Naples Reserve, LLC With a Copy to: Goodlette, Coleman & Johnson 515 Terracina Way Attn: Richard Yovanovich, Esq. Naples, FL 34119 4001 Tamiami Trail North Naples, FL 34103 Kite Eagle Creek II, LLC With a Copy to: Kite Realty Group c/o Kite Realty Group Attn: Robert G. Solloway, Esq. Attn: Eric Strickland 30 South Meridian, Suite 1100 r— 30 South Meridian, Suite 1100 Indianapolis, IN 46204 M Indianapolis, IN 46204 N 6 KRG 951 & 41, LLC With a Copy to: Kite Realty Group A-. c/o Kite Realty Group Attn: Robert G. Solloway, Esq. C%-) Attn: Eric Strickland 30 South Meridian, Suite 1100 °cam-° 30 South Meridian, Suite 1100 Indianapolis, IN 46204 Attn: Samuel J. Durso Indianapolis, IN 46204 1145 Tamiami Trail East ra 'o KRG Eagle Creek IV, LLC With a Copy to: Kite Realty Group c/o Kite Realty Group Attn: Robert G. Solloway, Esq. Attn: Eric Strickland 30 South Meridian, Suite 1100 30 South Meridian, Suite 1100 Indianapolis, IN 46204 Indianapolis, IN 46204 TOUSA Homes, Inc. ABC Liqours, Inc. 4000 Hollywood Blvd., Attn: Tom Hartmann Ste. 500 -N P.O. Box 593688 Hollywood, FL 33021 Orlando, FL 32859 NBC RV, LLC NBC Land Holdings, LLC C/O Basik Development C/O Basik Development Attn: Keith Basik Attn: Keith Basik 720 Goodlette Road 720 Goodlette Road Naples, FL 34102 Naples, FL 34102 Realty Net Real Estate, LLC Naples Big Cypress Market Place Attn: Cory Maile Limited Partnership, LLLP 1330 Forrest Court C/O Basik Development Marco Island, FL 34145 Attn: Keith Basik 720 Goodlette Road, #305 Habitat for Humanity of Collier County, Inc. Naples, FL 34102 Attn: Samuel J. Durso 1145 Tamiami Trail East Naples, FL 34113 M c�a 6 M O M cP' 1pc Exhibit "B" Legal Description for Naples Reserve LLC Section 1, Township 51 South, Range 26 East, Collier County, Florida rn M N U P-. M O M 0 10C 1Q Exhibit B Legal Description for KRG 951 & 41 LLC A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT "O.S. -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 "O.S. -3 ", FOR A DISTANCE OF 867.07 FEET TO THE NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3620 AT PAGES per, 2872 THROUGH 2876 OF THE PUBLIC RECORDS OF COLLIER COUNTY, o 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 a NORTHERLYMOSTWESTERLY CORNER OF TRACT "C" OF SAID TRAIL RIDGE; ° THENCE RUN SOUTH 02030'29" WEST, ALONG THE WESTERLY LINE OF SAID TRACT "C ", 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 89 042'14" EAST FOR A DISTANCE OF 264.66 FEET; THENCE RUN NORTH 15 042'49" WEST FOR A DISTANCE OF 320.41 FEET; THENCE RUN NORTH 35 039'44" 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 35 039'44" 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 1 C.. Q �. Exhibit B Legal Descriptions for TOUSA Homes Inc REFLECTION LAKES AT NAPLES PHASE 33 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, p• FLORIDA, THENCE RUN S.0003514 "W., ALONG THE BOUNDARY OF SAID M TRACT RD -4, FOR A DISTANCE OF 656.92 FEET; THENCE RUN N.89 024'46 "W. FOR A DISTANCE OF 125.00 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT RD -4; THENCE RUN N.00 035'14 "E., ALONG THE BOUNDARY OF SAID o 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 96 018'37 ", SUBTENDED BY A CHORD OF 37.25 FEET AT A BEARING OF N.48 044'33 "E., 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 12 059'11 ", SUBTENDED BY A CHORD OF 97.25 FEET AT A BEARING OF S.89 035'45 "E., FOR A DISTANCE OF 97.46 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 1.877 ACRES, MORE OR LESS. AND N M N I M O M m 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.76 044'55 "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 27 024'13 ", SUBTENDED BY A CHORD OF 120.80 FEET AT A BEARING OF N.89 032'59 "E., FOR A DISTANCE OF 121.96 FEET TO THE END OF SAID CURVE; THENCE RUN N.75 050'52 "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 09 046'37 ", SUBTENDED BY A CHORD OF 92.89 FEET AT A BEARING OF N.80 044'11 "E., FOR A DISTANCE OF 93.00 FEET TO THE END OF SAID CURVE; THENCE RUN S.04 022'31 "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.04 022'31 "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 09 046'37 ", SUBTENDED BY A CHORD OF 71.58 FEET AT A BEARING OF S-80044'1 1"W., FOR A DISTANCE OF 71.67 FEET TO THE END loc loc OF SAID CURVE; THENCE RUN S.75 050'52 "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 27 024'13 ", SUBTENDED BY A CHORD OF 180.02 FEET AT A BEARING OF S.89 032'59 "W., FOR A DISTANCE OF 181.75 FEET TO THE END OF SAID CURVE; THENCE RUN N.76 044'55 "W., ALONG THE BOUNDARY OF SAID TRACT RD -5, FOR A DISTANCE OF 67.88 FEET; THENCE RUN N.13 015'05 "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. M r� N 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: ca ° 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.43 015'07 "E., ALONG THE BOUNDARY OF SAID TRACT RD -3, FOR A DISTANCE OF 157.50 FEET; THENCE RUN S.76 044'55 "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 77 020'09 ", SUBTENDED BY A CHORD OF 31.24 FEET AT A BEARING OF S.38 004'51 "E., FOR A DISTANCE OF 33.74 FEET TO THE END OF SAID CURVE; THENCE RUN S.00 135'14 "W., ALONG THE BOUNDARY OF SAID TRACT RD -3, FOR A DISTANCE OF 239.42 FEET; THENCE RUN N.77 009'49 "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.64 032'14 "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 24 052'32 ", SUBTENDED BY A CHORD OF 30.15 FEET AT A BEARING OF N.13 001 '30 "E., FOR A DISTANCE OF 30.39 FEET TO THE END OF SAID CURVE; THENCE RUN N.00 035'14 "E., ALONG THE BOUNDARY OF SAID TRACT RD -3, FOR A DISTANCE OF 45.39 FEET TO THE BEGINNING OF A 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 44 010'27 ", 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. N L7 A-. f�7 d M f3' 10c ~0 Exhibit B Legal Description for Kite Eagle Creek II LLC A PARCEL OF LAND LOCATED IN SECTION 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 -1 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: M c� 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" -z" AS RECORDED IN PLAT BOOK 35, PAGE 85 OF THE PUBLIC RECORDS OF ,x COLLIER COUNTY, FLORIDA FOR A POINT OF BEGINNING. FROM SAID POINT CD RUN SOUTH 35 039'28" 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 SOUTHWESTERLY CORNER OF SAID "LOT 2 CAPRI COMMERCIAL CENTER REPLAT "; THENCE RUN SOUTH 54 020'32" 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 35 039'28" 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 54 020'32" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 226.05 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE RUN NORTH 35 039'28" EAST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 165.15 FEET; THENCE RUN NORTH 31 138'24" 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 04 113'24" 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 87 029'51" 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 04 010'08" WEST ALONG Ipc 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 85 °02'55" 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 04 057'05" 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 35 039'28" 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 54 020'32" EAST ALONG SAID BOUNDARY LINE OF THE N 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 C%-, OF CURVATURE OF A CURVE OF SAID BOUNDARY LINE OF THE PROPERTY AS ° DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID d" SOUTHWESTERLY LINE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS a BOOK 2699, PAGE 792, SAID CURVE BEING CONCAVE NORTHEASTERLY AND ° HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 33 010'23" AND A CHORD BEARING AND DISTANCE OF SOUTH 70 055'44" 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 87 030'55" 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 12 059'48" AND A CHORD BEARING AND DISTANCE OF NORTH 85 059'11" 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 04 057'05" 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 22 008'22" AND A 1 0 c CHORD BEARING AND DISTANCE OF NORTH 65 010'10" 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 21 053'50" AND A CHORD BEARING AND DISTANCE OF NORTH 65 01726" 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 54 020'32" WEST ALONG SAID BOUNDARY LINE OF THE PROPERTY AS rl DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, A DISTANCE OF "' 236.49 FEET; THENCE RUN SOUTH 02 °29'06" WEST ALONG SAID BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, off. PAGE 260, A DISTANCE OF 174.68 FEET TO THE NORTHEASTERLY CORNER OF M "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 54 020'32" WEST ALONG SAID a 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 35 039'28" EAST, A DISTANCE OF 100.00 FEET; THENCE RUN NORTH 80 000'15" EAST, A DISTANCE OF 63.72 FEET; THENCE RUN NORTH 35 039'28" EAST, A DISTANCE OF 260.11 FEET; THENCE RUN SOUTH 54 020'32" EAST, A DISTANCE OF 33.46 FEET; THENCE RUN NORTH 35 039'28" EAST, A DISTANCE OF 360.81 FEET; THENCE RUN SOUTH 54 015'18" EAST, A DISTANCE OF 26.69 FEET; THENCE RUN NORTH 35 044'42" 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 54 020'32" 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. 10C Exhibit B Legal Description for KRG Eagle Creek IV LLC BEING A PART OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (THE SHOPS AT EAGLE CREEK PAD #5 DESCRIPTION) ALL THAT PART OF SAID SECTION 3, BEING MORE PARTICULARLY DESCRIBE AS FOLLOWS: COMMENCING AT THE EASTERLYMOST CORNER OF THE PLAT c°_ OF THE SHOPS AT EAGLE CREEK, UNIT ONE, ACCORDING TO PLAT BOOK 25, PAGES 44 THROUGH 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Qom, 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 3503928" a WEST 123.00 FEET; THENCE NORTH 54020'32" WEST 193.09 FEET; THENCE ° NORTH 35 039'28" 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. 1QC Exhibit B Legal Description for ABC Liquors Inc. PROPERTY DESCRIPTION A PARCEL OF LAND LYING IN THE NORTH WEST QUARTER OF SECTION 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 SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY r- FLORIDA, THENCE RUN N 89 DEGREES 23' 53" W, ALONG THE NORTH LINE OF N 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 a 951 (C.R.. 951); THENCE RUN S 35 DEGREES 40'08" W, ALONG SAID EASTERLY o RIGHT OF WAY LINE, FOR A DISTANCE OF 887.72 FEET TO THE POINT OF M BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 54 �r DEGREES 20'16" E FOR A DISTANCE OF 439 .95FEET; THENCE RUN S35 ca DEGREES 39'44 "W FOR A DISTANCE OF 190.00 FEET; THENCE 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 73.95 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. 10C Exhibit B Legal Description for RealtyNet Real Estate LLC PIN number 00726724107 Legal 3 5126 COMM AT NE CNR TR M -1, N87DEG W 248.62FT, NO2DEG E 271.35FT, NO2DEG E 35.84FT, S54DEG E 236.49FT, ELY 23.70FT, ALG ARC OF CURVE 2 TT 0 OF REVERSE CURVE, ELY 38.64FT, SO4DEG W 154.42FT TO POB. M N V' A� M O M 0 10n Exhibit B Legal Descriptions for Naples Big Cypress Market Place Limited Partnership, LLLP PARCEL "A" LEGAL DESCRIPTION (OFFICIAL RECORDS BOOK 2812, PAGE 2151 A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF SECTIONI8, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. 41, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: a COMMENCING AT A POINT, SAID POINT BEING THE INTERSECTION OF THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, cl°, COLLIER COUNTY, FLORIDA AND THE NORTH RIGHT -OF -WAY LINE OF U.S. 41 AND BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. a THENCE NORTH 54019'26" WEST ALONG THE NORTH RIGHT -OF -WAY LINE OF ° U.S. 41 FOR A DISTANCE OF 451.53 FEET TO THE POINT OF CURVATURE OF A NON- TANGENT CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 360.31 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 18 006'59" EAST AND A CHORD DISTANCE OF 217.41 FEET FOR AN ARC DISTANCE OF 220.85 FEET; THENCE NORTH 00033'23" EAST 236.98 FEET; THENCE SOUTH 89026'37" EAST 303.51 FEET TO THE EAST LINE OF THE AFOREMENTIONED SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, THENCE SOUTH 00032'17" WEST ALONG SAID SECTION LINE OF A DISTANCE OF 704.02 FEET TO THE POINT OF BEGINNING. CONTAINING 4.30 ACRES, MORE OR LESS. TOGETHER WITH LEGAL DESCRIPTION (A PORTION OF 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 PARTICULALRLY 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, loc COLLIER COUNTY, FLORIDA AND THE NORTH RIGHT -OF -WAY LINE OF U.S. 41; THENCE NORTH 00032'17" EAST, ALONG SAID EAST LINE OF SECTION 18, 704.02 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE NORTH 89026'36" WEST, 303.51 FEET; THENCE NORTH 00033'23" EAST, 15.00 FEET; THENCE SOUTH 89026'36" EAST, 303.51 FEET TO THE EAST LINE OF THE AFOREMENTIONED SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, THENCE SOUTH 00032'17" WEST ALONG SAID EAST SECTION LINE, 15 FEET TO THE POINT OF BEGINNING. CONTAINING 4.553 SQUARE FEET, MORE OR LESS. BEARINGS BASED ON THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 CID SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BEING NORTH 00032'17" EAST. a TOTAL ACREAGE: 4.40 ACRES, MORE OR LESS. M Q M d~ PARCEL "B" LEGAL DESCRIPTION a o (OFFICIAL RECORDS BOOK 2812, PAGE 2151) 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: 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 NORTH 54019'26" WEST ALONG SAID NORTH RIGHT -OF -WAY LINE OF U.S. 41 FOR 535.53 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 54019'26" WEST ALONG SAID NORTH RIGHT -OF -WAY LINE FOR 265.69 FEET; THENCE NORTH 00030'21" EAST 606.58 FEET; THENCE SOUTH 89029'39" EAST 200.00 FEET; THENCE SOUTH 00030'21" WEST 7.96 FEET TO THE POINT OF CARVATURE OF A NON - TANGENT CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 50.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 04032'11" WEST AND A CHORD DISTANCE OF 85.20 FEET FOR AN ARC DISTANCE OF 101.99 FEET, TO A POINT OF REVERSE CURVATURE, THENCE ALONG THE ARC OF SAID CURVING HAVING A RADIUS OF 40.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 41043'39" EAST AND A CHORD DISTANCE OF 16.87 FEET FOR AN ARC DISTANCE OF 16.99 FEET; THENCE SOUTH 29033'26" EAST 50.76 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE ALONG THE ARC 10 OF SAID CURVE HAVING A RADIUS OF 276.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 14030'01" EAST AND A CHORD DISTANCE OF 143.40 FEET FOR AN ARC DISTANCE OF 145.06 FEET TO A POINT TANGENCY; THENCE SOUTH 00033'23" WEST 312.84 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 276.31 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 18 006'59" WEST AND A CHORD DISTANCE OF 166.72 FEET FOR AN ARC DISTANCE OF 169.36 FEET TO THE POINT OF BEGINNING. CONTAINING 3.94 ACRES, MORE OR LESS. BEARINGS BASED ON THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BEING NORTH 00 032'17" EAST. Fi ° PARCEL IN WEST 1/2 OF THE SOUTH 1/ 2 OF SECTION 17; BEGINNING AT THE SOUTHWEST CORNER, SECTION 17 GO NORTH 00 050'20" EAST 1271.72 FEET TO CONCRETE MONUMENT ON THE SOUTH RIGHT -OF -WAY OF HWY. 41. THENCE NORTH 00 037'45" 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 36 004'20' EAST 402.6 FEET TO POINT IN CENTER LINE OF ROAD, THENCE NORTH 88 044'00 "WEST 657.56 FEET TO POINT, THENCE SOUTH, 0003745' 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 a PARCEL "D" ° LEGAL DESCRIPTION (OFFICIAL RECORDS BOOK 2812, PAGE 2152) Fi ° PARCEL IN WEST 1/2 OF THE SOUTH 1/ 2 OF SECTION 17; BEGINNING AT THE SOUTHWEST CORNER, SECTION 17 GO NORTH 00 050'20" EAST 1271.72 FEET TO CONCRETE MONUMENT ON THE SOUTH RIGHT -OF -WAY OF HWY. 41. THENCE NORTH 00 037'45" 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 36 004'20' EAST 402.6 FEET TO POINT IN CENTER LINE OF ROAD, THENCE NORTH 88 044'00 "WEST 657.56 FEET TO POINT, THENCE SOUTH, 0003745' 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 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. M 41, COLLIER COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: c7 o.. M 0 M m COMMENCING AT A POINT. SAID PO /NT BEING THE INTERSECTION OF THE EAST SECTION LINE OF SECTION 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.00 032'17" 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.00 033 '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 30 006'49 ", 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 24020'0 1, 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.88 015'58 "E., A DISTANCE OF 456.89 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 18; THENCE S.00 032'17 "W, A DISTANCE OF 2550.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 25.7 ACRES, MORE OR LESS. LESS THE FOLLOWING: 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 CC) 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. a 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 o ALONG SAID EAST SECTION LINE, 15.00 FEET TO THE POINT OF BEGINNING. M cx CONTAINING 4,553 SOUARE FEET, MORE OF LESS, 0 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 Exhibit B Legal Descriptions for NBC Land Holdings, LLC LEGAL DESCRIPTION PARCEL twill BEING A PART OF SECTION 18, TOWNSHIP 51, SOUTH RANGE 27 EAST, COLLIER COUNTY, FLORIDA. COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, w 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 o�. POINT OF BEGINNING. THENCE LEAVING SAID SECTION LINE SOUTH 00029'48" M WEST A DISTANCE OF 968.59 FEET; THENCE NORTH 88008'57" WEST A o DISTANCE OF 328.61 FEET; THENCE NORTH 00029'24" EAST A M DISTANCE OF 969.00 FEET TO THE INTERSECTION WITH SAID a NORTH LINE OF SECTION THENCE SOUTH 88004'41" EAST ALONG o 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. *Industrial /AG Parcel 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 DESCRIBE[ 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 10C 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 89 029'39" 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. r— BEARINGS BASED ON THE EAST LINE SECTION 18, TOWNNSHIP 51 SOUTH, N RANGE 27 EAST, COLLIER COUNTY, FLORIDA, AS BEING SOUTH 00-32'17 WEST. a *Industrial Parcel M 0 M AND x a 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: 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.00032 '17 "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 N00033'23 "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 loc 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 Co *Industrial Parcel 00 M 6 LY M O M V' Exhibit B Legal Descriptions for Habitat for Humanity of Collier County Parcel 1: 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 1/4 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 <)D North 89 056'55" West, 475.53 feet; thence North 00 034'06" East, 490.97 feet; N 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' /4 of the Northeast 1/4 of �- Section 12, Township 51 South, Range 26 East, Collier County Florida. M O CI_> AND a Parcel 2; 0 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' /4 corner of said Section 12; thence continue along said East line of Section 12, on a bearing of North 00 027'50" East, 894.35 feet to a set tack; thence run North 89 056'55" West for 918.53 feet to a set iron pin with survey cap #LS 4273 which is the Point of Beginning; thence run North 89 056'55" West for 443.98 feet to the West line of the Southeast 1/4 of the Northeast 1/4 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 1/4 of the Northeast' /4 of said Section 12 which is marked by a iron pipe with Survey Cap #LS 4273; thence along said North line run South 89 056'55" 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 Y4 of the Northeast 1/4 of Section 12, Township 51 South, Range 26 East Collier County Florida. E Parcel 3: TOGETHER WITH A Non - exclusive access easement for the benefit of Parcel 1 over and across to Southerly thirty (30) feet of the following described property: ion 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 1/4 corner of said Section 12; thence continue along said East line of Section12, North 00 027'50" 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. 0- M AND c� File Number 1302 -5 -1164 w M ° The West ' /z of the East' /2 of the East 1/2 of the Northwest 1/a of the Northeast Y4 of Section 12, Township 51, South, Range 26 East excepting the North 30 feet a thereof, which is reserved for road purposes, and The East 1/2 of the East 1/2 of C� the East Y2 of the Northwest 1/4 of the Northeast 1/4 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. M rJ a M O M .C:v M UJ Y1l Ol 7J1 1 UVVIVN01 I UILNULL LLIll EXHIBIT C ue: Aerial Photo Date: Jan. 2007 .ow ❑eve pear Consortium 4001 Tamami Tml Trail N., KbO Naplec, FL 34103 V/J /� IYEm Ilxrieg sspp I 0.11�JJG Whnpe lrteiamue ue g�e� =me D4/ lOr � E —mW k.n. 10C loc 7- - 7 --1 -24 M O1 M N 6 P-. M O M O r �a 4'p€ 1 I i0 c I r I 0 Orr W`!� Y. . i @. E� � � �� t�d�*��Y� �jj� �`�1y�y��P1 ,� ... 4 {� 4$ye�'4 �C.ii� �`�qj °•ry��C41 "�p+r 1 �::'' i' } � .'��Y tic emu. 4' . +� n� �. �'r �',: . 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J gym+}., a 1 .. y': a�. , Y'.� ;� �i p; i � 4 R - i � 4� ~ { 4 'M' �' kc .A v,y, .4 �r � �.. x�'¢'ti �' o i ��'. .,., a t` 3 gtiXLt R "i v f }Y� ,'a!M1�`�+�,Y' y'O1�'S'• �- y y 1 a•e_'ti� z: wP'p -�1 ]at�.�:k S.3t ;1�'4 s�S r k s' � � � ��- 4�� tea• 1 �� t� {� �^�.. �, seq. vex y4��f'_SiTd"�� ^v�.tyLt � f4'..•�`�:�i � �-�s � i s.•) a v, t � q M Yl Q. � L s sk r kp, • � t f i 070111 111 J , F� 2 - r O ' 1'1 ►fir ►.* 1 NF .. 3„ oil Ilk Ilk lu "„� � �� ►� ►�;"�'` i ., .,.Kyj` '�.� ;fir Sr r y 4 t._ Fr ' ►tk d * ,'fie° A C a 4 ♦ a .. r ►BFI,« �_ :- ... yr `^d ,� yyEEw r n ►��" _y -t . . ' ` ' 38 t� .� ►�6s yr' .`'w # ..� .r i� 4 ty4 � Iiq _, ►�.,► .4i ... .h �ea If ,i; ►�► III, Y i .y • ►;� x If AOL- / 3 ",,, +w ��1�1 � ►� ►�1c} #_, `'TAP -am ' # 4aT.. N,�e. S� �i° .{t �F,.'. IrY Y�A'..� •.. ►�� p/ , it *el Vw- tYhhyr�r��PP" � =' ^y y, r . ►,fir w� �w. �rs`' q, ' M1 M1 , 4 / a � ��, .1 k 1•.11{ � i/-4. h " "``�'t �� i�Pb Y ►'•• ►I �S k y�14 V� AF, ♦ -i I� j �►�4d Air , t ►�1 ►,C 1 ;Fk x *R 'm i t • !4M sk ' y( R d E. A F a i U ITX .may s yt A IIA l a 'l j • .l 3 Pit O v�b' iKw aHG'S. k 3 4 i ro ;Fk x *R 'm i t • !4M sk ' y( R d E. A F a i U ITX .may s yt A a ;Fk x *R 'm i t • !4M sk ' y( R d E. A F a i U ITX .may s yt A P® x ■ice °m rI� I r�" PROJECT:: PARCEL: FOLIO: Exhibit G WARRANTY DEED 0 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 "). N (Wherever used herein the terms "Grantor" and "Grantee" include all the p`7 parties to this instrument and their respective heirs, legal representatives, successors M and assigns. Grantor and Grantee are used for singular or plural, as the context 0 M requires a WITNESSETH: That the Grantor, for and in consideration of the sum of Ten ° Dollars ($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 lawfully seized of said land in fee simple; that the Grantor has good right and lawful 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 lawful 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) (Signature) (Print Full Name) (Signatu (Print Full Name) 0 STATE OF COUNTY OF a. The foregoing Warranty Deed was acknowledged before me this day of ° 20, by who: r is personally known to me o OR produced as proof of identity. (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 20, by , who: is personally known to me OR produced identity. (affix notarial seal) (Signature of Notary Public) day of proof of 0 M O M O Naples Reserve RPUD �D�ENnAL MITRE /LCE55 m9aeo w � M f+ RmEinwL MURE ACCESS t rr 'C LEGEND t( , 1 FLOOD ZONE 'X LI FL ZONE 'AE (`. EL. . 6. D Z NEVD 29 D'X"XT c w . \St tL a Avveymg & M W f� rl O a M O M cY' 0 um -K 00 O cr N C14 M O M i O A� R 4 T a 8 T S9 r -8�+ ppQQQQ yY t8ssa 2 giI -Mill? y - - -- "rkTrrr $ y g Y ppn z a A � b i e a g A n p< q @. 9� ,c Fa a � � o T '.. i =z A� R 10E MEMORANDUM Date: November 26, 2007 To: Dianna Perryman, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #07 -4144: "North County Regional Water Treatment Plant (NCRWTP) High TDS Reverse Osmosis (RO) Expansion" Contractor: HDR Engineering, Inc. Attached please find three (3) original documents, as referenced above, (Agenda Item #10E), approved by the Board of County Commissioners on Tuesday, November 13, 2007. An original has been retained in the Minutes and Records Department and one has been sent to the Finance Department. If you should have any questions, please contact me at 252 -8411. Thank you. Attachments (3) 10E ITEM NO.: ,BATE- �9FIVED: l 1To rY A pN FILE NO.: i.JrJ ROUTED TO: Ot%_ PRc— eo741� 2887 N ;y 20 PM G5 DO NOT WRITE ABOVE THIS LINE lC REQUEST FOR LEGAL SERVICES �G Date: November 16, 2007 To: Office of the County Attorney �c Attention: Robertzac" -jt-P 1 1 From: Dianna Perryman., Contract Specialist Purchasing Department, Extension 4270 Re: Contract: #07 -4144 "North County Regional Water Treatment Plant (NCRWTP) High TDS Reverse Osmosis (RO) Expansion" Contractor: HDR Engineering, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on November 13, 2007; Agenda Item 10.E This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, please forward to the Chairman of the Board of County Commissioners for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Pam Libby, PUED MEMORANDUM TO: Wayne Fiyalko A_V��° Risk Management Department FROM: Dianna Perryman, Contract Specialist Purchasing Department DATE: November 16, 2007 RE: Review of Insurance for Contract: #07 -4144 "North County Regional Water Treatment Plant (NCRWTP) High TDS Reverse Osmosis (RO) Expansion" Contractor: HDR Engineering, Inc. This Contract was approved by the BCC on November 13, 2007; Agenda Item 10.E Please review the Insurance Certificates for the above - referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 4270. dod /DP C: Pam Libby, PLIED RECENED V7 M ?. "tAGEMEN? 10E 10E Contract 07- 4144 "North County Regional Water Treatment Plant High TDS Reverse Osmosis Expansion" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _a�day of /00,1e�h 2007, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER ") and HDR Engineering, Inc., authorized to do business in the State of Florida, whose business address is 2202 North Westshore Blvd, Suite 250, Tampa, Florida 33607 (hereinafter referred to as the "CONSULTANT'). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional design, oversight and related services of the CONSULTANT concerning NCRWTP High TDS Reverse Osmosis Expansion (hereinafter referred to as the "Project'), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: PSA i®E ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional design, oversight and related services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Larry D. Low, P.E., a qualified licensed professional, to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator "). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating PSA 2 10 E {, to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. PSA 3 IOF 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or federal requirements and /or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all- inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and /or items necessary to correct the deficiencies directly related to the Consultant's non - performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph written notice of any such subpoenas. CONSULTANT shall provide OWNER prompt 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the PSA 4 for RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through an Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following PSA 5 10 j services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. PSA 6 10E 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager "). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. PSA 7 JOE 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. PSA 8 ME 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to PSA 9 JOE reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation ", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this NSA 10 10E license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. PSA 10E ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self- insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule D, must identify the specific Project name, as well as the site location and address (if any). 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. PSA 12 10E 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement, rsA 13 10 and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub - subconsultants or sub - subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. PSA 14 10E ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the PSA 15 10E termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty -five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may PSA 16 10E terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. NSA 17 10E ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Building H 3301 Tamiami Trail East Naples, Fl. 34112 Attention: Stephen Y. Carnell, Purchasing /General Services Director Fax: 239 - 732 -0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: PSA 18 10 E ' " r HDR Engineering, Inc 2202 North Westshore Blvd., Suite 250 Tampa, Florida 33607 Telephone: 813- 282 -2300 Fax: 813- 262 -2795 Attn: Donald Lindeman, P.E., Project Manager 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable or otherwise transferable in whole or in part by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. PSA 19 10 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be PSA 20 10 brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT /PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." PSA 21 10E ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. PSA 22 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for North County Regional Water Treatment Plant High TDS Reverse Osmosis Expansion the day and year first written above. ATTEST: Dwiyj E. Brack ICI6 Date: Atte%t q to Chalr*a S Approved as to form and legal sufficiency: d14A PAjwe,,) Assistant County Attorney Witness Witne s BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, 12y: Z409 .- HDR Engineering, Inc. 1 By caw Larry w — Senior Vice President Typed Name and Title Item # J-2 C Agenda t� �,� Da{e Fate R i C � � Deputy Clerk i PSA 23 SCHEDULE A SCOPE OF SERVICES Purpose: 10 The Collier County Water Department (OWNER) commissioned the North County Regional Water Treatment Plant ( NCRWTP) in 1993. At that time the NCRWTP had a production capacity of 12 million gallons per day (MGD) utilizing nanofiltration (NF) technology to treat groundwater recovered from the Lower Tamiami Aquifer. In 1999, the NCRWTP installed capacity was expanded by 8 MGD of finished water installed capacity utilizing low pressure reverse osmosis (LPRO) technology to treat groundwater recovered from the Lower Hawthorn Aquifer. After construction of the 8 MGD expansion, elevated levels of total dissolved solids (TDS) were observed in four of the Lower Hawthorn Aquifer production wells (RO -1 N through - 4N), rendering three of them unusable (RO -2N through 4N) because the existing RO system cannot treat the elevated levels of TDS. Data from water quality samples indicate that higher TDS levels are being observed in the wells east of RO -4N. In an effort to control migration of the high TDS raw water further to the eastern wells in the Northern Lower Hawthorn Wellfield, and to use the high raw water production capacity of the existing significantly higher TDS wells, the OWNER intends to install a high - pressure RO treatment system at the NCRWTP to treat this high TDS raw water. Additionally, completing this construction would allow the OWNER to utilize existing assets and control the cost of producing additional finished water for use by Collier County's water customers. The objective is to expand the installed capacity of the NCRWTP by at least 2 MGD of finished water using high TDS RO equipment. The Owner selected HDR Engineering, Inc. (Consultant) to perform design services related to the high TDS RO system upgrade. Additional improvements at the NCRWTP are also proposed as part of this project as outlined in the following Scope of Work. Milestones: 1. Design of well rehabilitation requirements for wells RO -1 N through 4N. 2. Design a sand separator and new raw water feed line from RO -1 N through RO -4N to the new 2 MGD high TDS RO system. 3. Study and recommend methods to maximize use of concentrate from existing on -site treatment process and design. 4. Modify the existing NCRWTP treatment process to accommodate new high TDS RO system. 5. Design modifications for chemical feed equipment, to include: chlorinator, ammoniator, and corrosion inhibitor. 6. Design modifications for existing anti - scalant feed system. 7. Design modifications for existing degasification and odor control systems to accommodate additional capacity, and address noise and water quality issues and disposal issues currently experienced with existing system. PSA A -1 10E 8. Design additional transfer pump capacity. 9. Review existing power supply and develop design modifications to accommodate new treatment capacity. 10. Design additional pretreatment systems including cartridge filters, static mixer, flow meters and depending on the outcome of the concentrate utilization study, a chemical feed system for sodium bisulphate. 11. Study, recommend, and design methods to treat and /or dispose of the odor control waste stream instead of discharging the waste stream to the Collier County Wastewater Collection system. 12. Design new Variable Frequency Drives (VFDs) and Motor Control Centers (MCCs) required to accommodate the new RO equipment and ancillary systems. 13. Evaluate and provide recommendations on upgrading current environment for existing VFDs and MCCs, as well as providing a design for a conditioned environment. 14. Integrate new treatment processes into existing NCRWTP supervisory control and data acquisition (SCADA) system. 15. Complete application process for and obtain required permits. 16. Evaluate and provide recommendations on maintaining total combined finished water quality through blending of available on site raw and potable water streams. 17. Plan and conduct monthly progress meetings. Task 1. Condition Assessment Report Wells RO -1N through -4N The purpose of the Condition Assessment Report (CAR) is to examine the existing condition of the wells and well infrastructure and prepare recommendations for improvements. The County will be responsible for disassembling wellheads, pull pumps, conduct video surreys, effect repairs, or complete other tasks necessary to evaluate the current condition of the existing wells. 1.1. Consult with OWNER to define and clarify OWNER's requirements for the project and available data. 1.2. Identify requirements for step drawdown testing and disinfection of the wells by a third Party. Additional well rehabilitation activities such as acidification to improve the well yields may be warranted. 1.3. Conduct survey of existing well equipment and document findings in a CAR. 1.4. Oversee aquifer step drawdown testing, well rehabilitation, and disinfection of these four wells. 1.5. During step drawdown testing, groundwater samples will be collected from each well to test pertinent water quality parameters. Water quality analyses to be conducted by the OWNER's lab. rsA A -2 10E 1.6. Prepare a Condition Assessment Report which will contain: Construction details of wells RO -1 N through RO -4N Deficiencies identified including: • Hydraulic • Mechanical • Electrical • I &C /SCADA • Structural • Preliminary Opinion of Probable Construction Cost to rehabilitate well(s). 1.7. Furnish 8 review copies of the Draft Report to OWNER. Arrange and facilitate a review meeting with the OWNER two weeks after delivery of the report. 1.8. Prepare and submit a final Report incorporating OWNER's comments and furnish 8 copies of the final Report to the OWNER within 14 calendar days of receipt of OWNER's comments. CONSULTANT's services under the development of the CAR for Wells RO -1 N through 4N will be considered complete when all sub tasks under Task 1 have been completed and accepted by the OWNER and the final Report has been delivered to OWNER. Task 2. Preliminary Design Report Prepare a Preliminary Design Report (PDR) which will contain schematic layouts, sketches, and conceptual design criteria with exhibits to delineate project requirements, and alternate solutions available to OWNER which CONSULTANT may recommend. For each recommended solution CONSULTANT will provide the following, which will be separately itemized: Recommendation of Probable Construction Cost; proposed allowances for contingencies; a summary of allowances for other items and services included within the definition of Total Project Costs. 2.1. Provide field surveys and topographic and utility mapping for design purposes including the Vanderbilt Beach Road right -of -way (ROW). Utility mapping will be based upon information obtained from utility owners and as -built drawings for the Zone 1 Hawthorn and Lower Tamiami Wells on the NCRWTP site. 2.2. Prepare a PDR that includes: 2.2.1. Existing NF Concentrate Water Quality Data Review and Characterization: Review existing water quality data for the characterization of the concentrate from the NF process. Water quality data required will include for purposes of RO process design: turbidity, SDI, suspended solids, alkalinity, pH, calcium, magnesium, sodium, potassium, strontium, barium, bicarbonate, sulfate, chloride, total dissolved solids, total organic carbon, UV254, aluminum, iron(ferrous and ferric), manganese, hydrogen sulfide, total sulfides, HPC, dissolved oxygen, temperature, bromide, fluoride, arsenic, and silica, reactive and total. These analyses will be performed by the OWNER's laboratory. PSA A_3 10E 2.2.2. Well Raw Water Quality Data: Raw water samples, collected from the four wells will be tested and analyzed. The data will be tabulated and plotted into graphs for interpretation. Water quality analyses will be completed by the OWNER's Lab. 2.2.3. RO Feedwater Design Point. Prior to the process design of the High TDS RO treatment plant, the design feedwater quality for the initial operation and projected future conditions must be established. This task will include review and evaluation of the water quality data derived from the APT program in Task 1, together with the development of analytical requirements for the concentrate stream under consideration as a diluting feedwater source. Using the analytical data from the four wells, and the NF concentrate, an evaluation of the feasibility of using the NF concentrate to maintain a constant feedwater quality for the high TDS system will be made. If this approach is considered feasible, a raw water quality using the combined flows in the appropriate proportions will be developed. Based on results of the evaluation of possible future water quality changes in wells ROAN through RO -4N, the proportion of NF concentrate in the RO feed will be adjusted to maintain the future RO feedwater quality at or near the initial design point. This water quality will then be used in the RO process design task. If use of the NF concentrate is not feasible, the water quality data from the four wells and the projections of potential future changes will be used to develop initial and future design feedwater qualities for use in the RO process design task. 2.2.4. Delivered Water Quality Goals: Meet with the OWNER's staff to finalize water quality objectives for the project related to regulatory compliance goals, aesthetic issues, water treatment initiatives, and disinfection approach. 2.2.5. Blending Analysis: Evaluate the chemical compatibility of NF concentrate water and raw well water. The chemical compatibility evaluation will include modeling results. 2.2.6. Bench -Scale Testing for Evaluation of Finished Water Compatibility: A brief testing outline will be developed detailing the bench -scale testing requirements including number of samples, blending percentages, water quality parameters being tested, and laboratory requirements. The tests will evaluate the impacts of various blends of raw and finished water in terms of precipitation, turbidity, conductivity, particle counts, disinfectants, total hardness, pH, and color. The protocols for the bench scale analysis will be provided to the OWNER for review and coordination. Cost of outside lab testing is covered up to $15,000. 2.2.7. Blended Water Operating Scenarios: Based on the bench scale testing, the CONSULTANT will develop a blending scenario for raw and finished water for the PSA A -4 10 NCRWTP. These scenarios will indicate the approximate percentage range of blends of raw water feed and finished water. 2.2.8. RO Trains Treatment Technology Options Evaluations: For meeting the established finished water quality objectives the CONSULTANT will prepare a preliminary process design. An evaluation approach and matrix will be developed considering capital and operation and maintenance (O &M) costs, ability to meet water quality objectives, flexibility, regulatory compliance, and ease of expandability. The criteria will be submitted to the OWNER for approval. The process parameters to be examined are: • Sustainable permeate output based on feedwater availability and quality. • Performance projections of process parameters needed to produce the design permeate flow. • Feed pressure ranges to maintain design flow over time. • Membrane characteristics to maintain design flow. • Permeate quality change with time and membrane aging. • Sustainable recovery rates. • Optimum membrane flux, control of first element flux, and minimum concentrate flows. • Use of 8 -inch diameter or large format (16 -inch or 18 -inch) membranes • RO train array, number of vessels, vessel length. • Options for energy recovery. • Use of recovered energy for interstage boost. • Use of recovered energy for feed pressure boost, with interstage boost pump. • Process control and electric power requirements. • Materials selection and pipe sizing. • Opinions of Probable Construction Cost for the selected alternatives, and an opinion of probable O &M cost. The process design developed in the tasks above will become the basis for a specification document for early purchase of key major components of the process train with long lead times, and also will be used to prepare a prequalification document for potential membrane system suppliers. 2.2.9. Well Rehabilitation Recommendations: Recommended rehabilitation activities identified in the Wells Conditions Assessment Final Report will be included in the PDR. 2.2.10. Degasification /Odor Control System Preliminary Design: The existing degasification /odor control system at the NCRWTP will be evaluated and recommendations will be made to complete replacement of the system, with details outlining required modifications or type of new degasification /odor control system that is recommended. PSA A -5 ME The blow -down water from the degasification /odor control system will be evaluated to identify the feasibility of discharging the water into the OWNER's two (2) deep injection wells (DIW) at the NCRWTP. The process design developed for the degasification /odor control system will become the basis for a technical memorandum that will be submitted to the OWNER for review and comment prior to completion of the PDR. Upon approval of the technical memorandum, CONSULTANT will begin design of the system for a separate early construction package. The technical memorandum will be incorporated into the final PDR. 2.2.11. Reject Water Quantity and Quality Evaluation: The volume and quality of water projected to be rejected by the High TDS RO system will be evaluated to identify its impact on the waste stream currently injected into the OWNER's two (2) DIWs. 2.2.12. Additional Chemical Feed Systems Recommendations: The existing anti - scalant, chlorinator, ammoniator, alkalinity, and corrosion inhibitor chemical systems will be evaluated and recommendations of improvements to these systems will be provided. 2.2.13. Site Layout Alternatives: Treatment plant site layouts will be developed based on the site constraints and the alternative RO treatment trains. Site plan layouts will show the location, shape, dimensions and elevations of key elements. Preliminary plans will show outlines of treatment plant equipment and appurtenances on the existing facilities drawings. Preliminary dimensions and elevations will be provided. Layout of the plant components will take into account the following variables: • Excavation requirements and constructability • Local zoning regulations and building code requirements • Plant hydraulic requirements • Location relative to existing roads and utilities (electricity, telephone, gas, sewer) • Potential tree removal requirements • Traffic flow /access requirements for construction and operation and maintenance • Climate (sun orientation, wind, rainfall) • Site storm drainage runoff • Operator safety and the safety of existing neighboring homes and businesses • Provisions for future expansion of High TDS RO system. • Locating pipelines for access and maintenance • Providing adequate area for construction activities • Site security • Chemical feed equipment modifications • Odor control improvements rsA A -6 10 4,. Electrical requirements 1 & C requirements 2.2.14. Review required permitting for plant site. Required permits are: • Florida Department of Environmental Protection - Permit to Construct Potable Water System components • Florida Department of Environmental Protection - NCRWTP injection well permit minor modification • Collier County Site Development Plan • Collier County ROW Construction Permit • Collier County Building Permit 2.2.15. Develop a sequence of construction specification summarizing the construction activities which affect current operations identifying the potential constraints that include: • Method of unit isolation, need for and duration of disruption of service or system shutdown to accommodate construction. • Define construction activities and durations. • Evaluate appropriate lead times for fabricated equipment. • Evaluate identified events and identify precedence. • Coordinate with other projects /contractors to identify potential interferences. • Show constraints identified in sequence of construction task. • Coordinate with design tasks. 2.2.16. Based on work proposed in the PDR, prepare a revised Opinion of Probable Construction Cost, and assist OWNER in collating the various cost categories which comprise Total Project Costs. 2.3. Provide the following additional Preliminary Design Phase tasks: • Prepare performance specifications and plans for pre - purchase of the RO treatment trains. • Prepare specifications and plans for pre - purchase of the high pressure pumps, and other potentially long lead time items. 2.4. Furnish 8 review copies of the draft technical memorandum on the degasification /odor control system. Arrange and facilitate a review meeting with the OWNER two weeks after delivery of the technical memorandum. The final technical memorandum will be incorporated into the PDR. rSA A_7 10E 2.5. Furnish 8 review copies of the Draft PDR and equipment pre - purchase packages to the OWNER. Arrange and facilitate a review meeting with the OWNER two weeks after delivery of the draft PDR and draft Pre - purchase Packages. 2.6. Revise the PDR and Packages in response to OWNER's comments and furnish 8 copies of the Final PDR to the OWNER within 14 calendar days of receipt of OWNER's comments, and one bid package for each of the pre - purchase items. CONSULTANT's services for the PDR will be considered complete on the date when all sub tasks under Task 2 have been completed and accepted by the OWNER and the final PDR and pre - purchase packages have been delivered to the OWNER. Task 3. Final Design Phase After acceptance by OWNER of the PDR, and other deliverables subject to OWNER- directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from OWNER, CONSULTANT shall prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor and those items to be OWNER furnished. Specifications shall conform to the 16- division format of the Construction Specifications Institute. Two separate design packages will be developed. One for the degasification /odor control system and one for general construction requirements. 3.1. 60% and 90% Design documents 3.1.1. Define the final operating and maintenance requirements for the new water treatment facility. This will include a description of the proposed operational approach; range of blends of raw water feed and finished water, and approximate percentage operating costs in terms of electrical and chemicals usage. 3.1.2. The electrical equipment will be designed based on the final PDR recommendations. 3.1.3. The instrumentation and control (I &C) and SCADA systems will integrate the requirements of both the raw water supply system and the treatment plant based on the final PDR. 3.1.4. Submit a revised Opinion of Probable Construction Cost for 60% and 90% documents. 3.1.5. A treatment plant site layout will be developed based on the site constraints and the procured RO treatment trains. Site plan layouts will show the location, shape, dimensions and key elevations of buildings /structures and auxiliary systems. Final plans will show treatment plant equipment and appurtenances. Layout of the plant components will take into account the procured long lead equipment and the final PDR recommendations. Prepare specifications that conform to the 16- division format of the Construction Specifications Institute PSA A -8 101- 3.1.6. Furnish 8 review copies of the 60% and 90% plans and specifications for the degasification /odor control system to the Owner. Arrange and facilitate a review meeting with the OWNER two weeks after delivery of the technical memorandum. 3.1.7. Furnish 8 review copies of the 60% and 90% plans and specifications for the general contracting requirements to the OWNER. Arrange and facilitate a review meeting with the OWNER two weeks after delivery of documents. 3.1.8. Revise the 60% and 90% plans and specifications for both bid packages in response to OWNER's comments and furnish 8 copies of the revised documents to the OWNER within 14 calendar days of receipt of OWNER's comments. 3.1.9. Prepare permit applications for OWNER review and submit application to obtain a permit for the following: • Florida Department of Environmental Protection r Construction of a new raw water feed line, new high TDS RO membrane trains, and appurtenant facilities will require a modification of the NCRWTP permit and therefore the submission of an Application for a Specific Permit to Construct Potable Water System Components. This package will require the submission of a PDR. The addition of an additional waste stream from the high TDS RO trains and possibly from the degasification /odor control system will require a modification to the NCRWTP injection well permit. Because the additional flow is within the capacity of the facility as permitted, it would only require a minor modification application package. • South Florida Water Management District Permit — The existing four wells are currently permitted under the SFWMD consumptive use permit No. 11 -01447 and should not require additional groundwater allocation to run the high TDS RO trains. Should a modification be necessary, CONSULTANT will coordinate with the wellfield consultant to have the permit modified appropriately. • Collier County Site Development Plan — The proposed modifications will be reviewed to evaluate Collier County requirements and whether the Existing Site Development plan needs to have a complete modification request or if it can be submitted as an insubstantial change. • Collier County ROW Construction Permit — Construction of a new raw water pipeline in the roadway, will require an application for a ROW Construction Permit. • Collier County Building Permit — Construction modifications at the NCRWTP site will require the contractor to acquire a building permit from the Collier County Building Department. CONSULTANT will meet with the building department and discuss 60% and 90% design plans. PSA A -9 l0E CONSULTANT will submit construction drawings prior to obtaining a contractor for construction to expedite the building department permit. When the contractor is ultimately selected for the project they will be responsible for retrieving the building permit from the building department. 3.2. Prepare and furnish Bidding Documents for review by OWNER for the degasification /odor control system. Within 14 days of receipt, OWNER shall submit to CONSULTANT comments. 3.3. Prepare and furnish Bidding Documents for review by OWNER for the general contract. Within 14 days of receipt, OWNER shall submit to CONSULTANT comments. 3.4. Revise the both sets of Bidding Documents in accordance with comments from the OWNER and submit one unbound 11x17- inch plan set, one unbound 22x34 - inch plan set, one set of unbound specifications, and two signed and sealed bid plans and specifications to OWNER within 14 calendar days after receipt of OWNER's comments. CONSULTANT's services under the Final Design Phase will be considered complete on the date when all sub tasks under Task 3 have been completed and accepted by the OWNER and the final bid documents have been delivered and accepted by OWNER. Task 4. Bidding Phase After acceptance by OWNER of the Bidding Documents and the most recent Opinion of Probable Construction Cost as presented in the Final Design Phase for the pre - purchase long lead equipment, degasification /odor control system and general contracting requirements the CONSULTANT shall: 4.1. Attend a pre -bid meeting for the following: • Pre - purchase of the long lead RO equipment (Consultant to attend) • General Contractor ( Consultant and WSW to attend) 4.2. Prepare up to two (2) Addenda, one for the pre -bid meeting and one for follow up questions after the pre -bid meeting, to clarify or correct the Bidding Documents. 4.3. Provide information or assistance needed by OWNER in the course of any negotiations with prospective contractors. 4.4. Consultant will review the bid information provided to the County and review pre - purchased equipment information and the contractor's information and prepare a recommendation of award letter to the County. The Bidding or Negotiating Phase will be considered complete upon completion and acceptance of all sub tasks under Task 4, upon issuance of a purchase order for long lead RO equipment and degasification /odor control system, and the NTP for the general contractor, or upon cessation of negotiations with prospective suppliers /contractors. PSA A -10 f� Task 5. Construction Phase Construction phase services provided for this project include the following elements: A. Review of 12 shop drawings with two (2) reviews for each submittal. B. Engineering support for up to 20 RFI's. C. Attendance by HDR's Construction Manager at the monthly construction status meetings for no more than 26 monthly meetings (One of these meetings is the pre- construction meeting). D. Attendance by HDR's Project Manager at up to 8 monthly construction status meetings. E. Attendance by another HDR representative at up to 10 monthly construction status meetings. F. Up to six (6) Site visits each by one representative from RosTek and WSW Engineering. G. Part-time construction observation during the 26 months construction period. The County will be responsible for procuring 3`d party Construction Observation Services. Third party construction observer will provide Consultant a copy of daily inspection records. Task 6. Project Management The purpose of the following tasks is to develop a project coordination and management approach at the beginning of the project to establish the protocol, management, and reporting methods that are to be followed during the course of the Preliminary engineering Phase. 6.1. Project Guide: CONSULTANT will prepare a Project Management Plan (PMP) that is a working document for the project team that details project coordination, management, communication, schedule, QA/QC procedures, invoicing and reporting, scope of work, and other project items. The PMP will be distributed to the OWNER and project team members. 6.1.1. Project Documentation: CONSULTANT will establish a document control system for the project. Communications related to the project, including progress reports, memoranda, letters, executive summaries, PMP and meeting minutes will be placed in project files. The project filing system will be contained in the PMP. 6.1.2. Project Tracking and Schedule: CONSULTANT will perform overall project management including administration of subconsultants and schedule updating of the project on a monthly basis. CONSULTANT will track the project on a task basis and provide a monthly progress report to the OWNER 6.1.3. Project Organization and Communications Plan: CONSULTANT will develop an overall organization plan. The plan will delineate the roles and responsibilities of CONSULTANT staff members as well as the staff members of subconsultants. A communication plan will be included to establish the protocol between PSA A -I I 10E CONSULTANT, OWNER, regulatory agencies, and subconsultants. The organization plan will be included in the Project Guide. 6.2. Project Team Meetings: CONSULTANT will attend monthly project team meetings to present technical, scheduling, and cost issues with the OWNER and project team to facilitate communication and solicit feedback. Project Team meetings are expected to consist of a presentation of work performed to date and discussion with OWNER staff to establish consensus prior to advancing work to the next milestone. Results of the meetings and milestone decisions will be summarized in meeting minutes and returned to the OWNER for confirmation and /or any needed follow -up action items. Project team meetings are expected to be conducted on a monthly basis. There are no more than 12 monthly team meetings. The Consultant Project Manager will attend all 12 meetings, the deputy Project Manager will attend 8 team meetings. Rostek will attend up to 6 team meetings and WSW will attend up to 2 team meetings. The Project Management Phase will be considered complete when all sub tasks under Task 6 have been completed and accepted by the OWNER and upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors. Allowance If authorized in writing by OWNER, CONSULTANT shall furnish Services of the types listed in Article Two of the Contract and be compensated per allowance as outlined in CONSULTANT AND OWNER Requirements The Consultant shall provide the County with three (3) hard copies and one electronic copy of all deliverables. CONSULTANT deliverables: • Wells RO -IN through -4N Condition Assessment Report Finished Water Bench -Scale Testing Report • Preliminary Design Report Pre - purchase documents for; • RO Equipment trains • High pressure pumps Evaluation of pre - purchase equipment bids. • Recommendation for awards. • Long lead time items • Odor control and degasification systems • General Contractor • Documents for and general contract for: 0 60% Design— 11" x 17" design plans 0 90% Design— 11" x 17" design sheets 0 100% Design —22" x 34" design sheets o Bid Documents — 22" x 34" design sheets PSA A -12 10E o Bid analysis and recommendation for award • Bench -Scale Testing and Report for Evaluation of Finished Water Compatibility. OWNER Responsibility to Provide: Owner will provide documentation to the Consultant in current format. If electronic drawings are available they will be provided to the consultant. Consultant shall request documentation from the County within 30 day after NTP. • Drawings of current NCRWTP configuration including the following • Projects currently under design by others • Projects currently out for bid by the County for this facility • Projects currently under construction at this facility • Process and instrumentation diagrams (P &IDs) • SCADA system architecture • Electrical service • Available pumpage and water quality data from the NCRWTP RO production wells. • Drawings of recent Lower Tamiami Wells and Hawthorn Zone 1 wells and transmission mains • Drawings of BWRO addition to original NCRWTP • Drawings of Degasification /Odor Control System • Drawings of Finished Water Transfer Pumps • Drawings of chemical storage and feed systems • Geotechnical Reports • Lab analysis of concentrate, and other relevant NF data. • High TDS plant permeate quality goals. • Deep injection well water quality and quantity data for the most recent 12 months • Degasification /odor control blow -down water quality and quantity data for most recent 12 months • Drawings of existing P &IDs, and other I &C drawings and schematics. • County design standards. • Owner preferences for equipment manufacturers and /or style, such as metering pumps, valves, transmitters, etc. • Access to site and process areas with OWNER personnel • All relevant previous studies and drawings (including BWRO BOD, groundwater studies, electrical surveys, topography, yard piping, raw water piping, etc). • Disassembling wellheads, pull pumps, conduct video surveys, effect repairs, or complete other tasks necessary to evaluate the current condition of the existing wells. • Front -end specification documents for bidding purposes. PSA A -13 10E SCHEDULE B BASIS OF COMPENSATION DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then - authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention [Address] 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. ITEM Task Not To Exceed 1. Condition Assessment Report for Wells $71,000.00 2. Preliminary Design Report (30% Design $298,975.00 3. Final Design 60 & 90 %, Permitting, Bid Documents Degasification /Order Control & General Contractor $675,650.00 4. Bidding - Contracts $8,300.00 5. Construction Phase $253,900.00 6. Project Management $133,550.00 7. Allowance 37,300.00 8. Reimbursable /ODC $18,425.00 TOTAL FEE Total Items 1 -8 $1,497,100.00 B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll PSA B -I 10 �- related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out -of- pocket expenses incurred in the performance of all such services. B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage NSA B -2 J fl r_ L. Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark -up by the CONSULTANT, and shall consist only of the following items: B.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. 8.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from /to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5 Expense of models for the County's use. 8.3.4.1.6 Other items on request and approved in writing by the OWNER. 8.3.5.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S., and the Agreement, the terms of the Agreement shall prevail. PSA B -3 ,' SCHEDULE B BASIS OF COMPENSATION Task 1 Condition Assessment Report for Wells $ 71,000.00 Data, Apt, Site Investigation, APT requirements, oversight, samples, prepare condition analysis report, submit for review, finalize Task 2 Preliminary Design Report (30% Design) $ 298,975.00 Survey, preliminary design report, pre - purchase packages, submit, review and finalize documents Task 3 Final Design $ 675,650.00 60% & 90% Plans and specifications, permitting, FDEP construction permit, FDEP Injection Well modifications, SFWMD DUP modification, Collier site development plan, Collier ROW permit, Collier building permit, bid documents degasification /order, bid documents for general contractor Task 4 Bidding $ 8,300.00 Bidding Contracts (2) Task 5 Construction Phase $ 253,900.00 Construction management (26) monthly meetings, engineering support, sub site visits, shop drawing reviews (approximately 12 shop drawings, 2 reviews each, construction observation Task 6 Project Management $ 133,550.00 Project Guide and reporting, project team meetings Task 7 Allowance $ 37,300.00 For unforeseen changes in design, construction oversight and project management Task 8 Reimbursable $ 18,425.00 Total $ 1,497,100.00 PSA 13-4 SCHEDULE B ATTACHMENT RATE SCHEDULE Collier County NCRWTP High TDS RO Project HDR Engineering, Inc's Rates for Year 2008 Title Rate Project Principal $215 Principal QA/QC $215 Project Manager /Engineer IV $195 Senior Engineer $225 Engineer III $165 Engineer II $125 Engineer) $110 Senior CADD $110 CADD Technician $85 Admin $75 PSA B -5 SCHEDULE C IOF PROJECT SCHEDULE Wells RO -1 N through -4N Condition Assessment Report Preliminary Design Report Pre - purchase documents for; • RO Equipment trains • High pressure pumps • Other Degasification /odor control bid documents Documents for general contracting for: • 60% Design • 90% Design • Bid Documents May 4, 2008 May 4, 2008 May 18, 2008 June 29, 2008 July 14, 2008 October 20. 2008 November 24, 2008 PSA C -1 `rT. ACORD,r CERTIFICATE OF LIABILITY INSURANCE 06/01/2008 I /11212007 PRODUCER LOCKTON COMPANIES, LLC-1 KANSAS CITY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 444 W. 47th Street, Suite 900 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Kansas City MO 64112 -1906 ALTER THE COVERAGE AFFORDED BY THE POLICIES B -FLOW. INSURERS AFFORDING COVERAGE (816) 960 -9000 INSURED HDR ENGINEERING, INC. 1027503 ATTN: LOUIS J. PACHMAN INSURER A: ZURICH AMERICAN INS CO. O.P. KS INSURER R: AMERICAN GUARANTEE & LIAB ZURICH INSURER C: SENTRY INSURANCE A MUTUAL COMPANY 8404 INDIAN HILLS DRIVE INSURER D. OMAHA NE 68114 -4049 GENERAL LIABILITY INSURER E: THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING COVERAGES SA INSURER/RL AUTHORIZED REPRESENTATIVF OR PRODIICFR AND THE CFRTIFICATF HDI DFR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NAPLES FL 34112 POLICY EFFECTIVE POLICY EXPIRATION WPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THEANSURER, RS AGENTS OR ITIR TYPE OF INSURANCE POLICY NUMBER DATE IM LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE An onelire $ l000 OOO A X COMMERCIAL GENERAL LIABILITY GL03504583 06/01/2007 06/0//2008 CLAIMS MADE [X] OCCUR MED EXP (Anyone person) $ 10,000 PERSONAL A ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 E 2,000,000 SENT AGGREGATE LIMIT APPLIES PER PRODUCTS- COMPADPAGG [—X] PRO- — - POLICY X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 B X ANY AUTO I BAP3504584 06/01/2007 06/01/2008 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) E XXXXXXX X I HIRED AUTOS BODILY INJURY E XXXXXX7{ X NON -OWNED AUTOS (Per assisted) $ XXXXXXX PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHER THAN EA ACC $ _ XXXXXXX ANY AUTO NOT APPLICABLE AUTO ONLY: AGG E XXXXXJIX LIABILITY EACH OCCURRENCE E 1,000,000 B _EXCESS _X, I OCCUR G CLAIMS MADE AUC3808400 06/01/2007 06/01/2008 AGGREGATE E 1 0_00 000 (EXCLUDES PROF. LIAR) a XXXXXXX UMBRELLA _ - -- XXXXXXX DEDUCTIBLE FORM 8 XXXXXXX RETENTION $ C WORKERS COMPENSATION AND 90- 14910 -01 06/01/2007 06/01/2008 'X WC CRSTATU- ORH- C EMPLOYERS'LIABILITY 90-14910 -02 06/01/2007 06/0112008 I1EL EACH ACCIDENT ' S 1,000,000 _. IE,L. DISEASE - EA EMPLOYEE$ 1.000,000_,_ _ E.L. DISEASE - POLICY LIMIT 8 1,000,000 A OTHER EOC9260026 -00 06101/2007 06/01/2008 PF.RCLArm:$5,000,000. AGG: ARCHS & ENGS PROFESSIONAL $5,UUU0D0 . LIABILITY DESCRIPTION OF OPERATIONSA .00ATONSIVEHICLES,EItCLUSIONS ADDED BY ENDORSEMENTSPECU L PROVISIONS RE: NORTH COUNTY REGIONAL WATER TREATMENT PLANT HIGH TDS REVERSE OSMOSIS EXPANSION. COLLIER COUNTY IS ADDITIONAL INSURED ON GENERAL LIABILITYAS PER WRITTEN CONTRACT, ON A PRIMARY, NON- CONTRIBUTORYBASTS. WAIVER OF SUBROGATION APPLIES. CERTIFICATE HOLDER I ADDrnoNAL INSURED: INSURER LETTER: CANCELLATION 2983459 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION COLLIER COUNTY GOVERNMENT 30 3301 E. TAMIAMI TRAIL DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NAPLES FL 34112 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURESODO SHALL WPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THEANSURER, RS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25- S(7/97) Fervmelimars•ranE thecedleoeb, corNdMe nomEe.$and In the 'nodume'e elmmdm .amd specify drnm.ntnode'ROiuNOr. M`-ACORD CORPORATION 1988 R 1®F SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self- insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein PSA DA 'f shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. PSA D -2 (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X_ Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. Nsn r> -3 10 (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate $300,000 Products /Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products /Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 PSA D-4 10E Fire Damage $ 50,000 X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. 'This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self- insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his /her designee. (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. claims. (4) Coverage shall be included for explosion, collapse or underground property damage (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. PSA D -5 Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No PSA D -6 (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate X $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty - four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. PSA D -7 VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project- specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self- insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. C. Current deductibles /self- insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. PSA U$ 10E Aq g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. A 0lox*]Mis]:I:1 Big] 1111:89] rsA a9 SCHEDULE E �� TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, HDR Engineering, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning North County Regional Water Treatment Plant High TDS Reverse Osmosis Expansion are accurate, complete and current as of the time of contracting. HDR Engineering, Inc. BY: TITLE: Senior Vice President DATE: November 9, 2007 II SCHEDULE F KEY PERSONNEL. SUBCONSULTANTS AND SUBCONTRACTORS HDR Engineering, Inc. Title Don Lindeman, P.E. Emilie Moore, P.E. Michael Condran, P.E. Steve Bupp, P.E. Joseph Zhao, P.E. Roger Noack, P.E. Ray Flanagan RosTek Associates, Inc. Ian Watson, P.E. Schlumberger, Inc. Scott Manahan, P.E. Bob Maliva, P.G. Wilson Miller Craig Pajer, P.E. Jeff Wilson WSW Engineering, Inc. Gary Yokum, P.E. Project Manager Deputy Project Manager Project Principal Senior Project Engineer Process Engineer Senior Process Engineer Construction Manager Lead Process Engineer Water Supply Engineer Water Supply Geologist Site Development Engineer Site Development Engineer Senior Electrical /I &C Engineer JOE "A COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Department Contract Administration February 19, 2008 Donald Lindeman, P.E. HDR Engineering, Inc. 2202 N. Westshore Blvd., #250 Tampa, FL 33607 DoE Purchasing Building 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 239/252 -4270 FAX: 239/252 -6691 www.colliergov.net RE: Amendment #1, Exhibit A -1, for Contract #07 -4144 - "North County Regional Water Treatment Plant High TDS Reverse Osmosis Expansion" Dear Mr. Lindeman: We are pleased to enclose your copy of the fully executed Amendment #1 for the above - referenced services. Should you have any questions, please do not hesitate to contact me at 239/252 -4270. Very truly ours Dianna Perryman Contract Specialist C: Tom Chmelik, PUED Bonnie Baer, Clerk's Finance Minutes & Records DOE Ii'XMrr A -1 Contact Amendment N 07 -4144 "Nw& County Regional water •n«tsssst Plant SAY TDS Reverse OenoMs sapandon" Ibis amendment, dated -� — / % , 2008 to the referenced agreement shall be by and between the parties to the original Agreement, HDR Eagheertse Ise. (to be referred to as "Consultarrej and Collier County, Florida, (to be referred to as "Owner"). Statement of Undemanding REr Contruet N07 -4144 "North County Regional Water Treatment Plant Hitt TDS Reverse Oseaia E pan da In order to continue the services provided for the original Contract document referenced above, the Consultant agrees to amend the above referenced Contract as per Exhibit "AI -A" attached to this Amendment and incorporated herein by re&renc e. This change includes: Replacing Schedule B, Time and Materiel with Schedule B Lump Sum as per Exhibit A -1 -A "Schedule B, Basis for Compensation, Lump Sum" All other tams and conditions of the agreement shall remak in force. IN WTPNM WHBRWY, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. Accepted:, 2008 CONSULTANT: OWNER: HDR Esaghteerlu& Inc BOARD OF COUNTY OMMISSIONERS OF CO RIDA BY' By: T#Thmew Project Manager CiuJr Dan Linds�P r DEPARTMENT D TOR S r ✓lace P -7s ' rl f By:�A. _ Pam Libby Item # nF Agenda It-0--ill Date Date v(.t!" Recd Exhibit A -1- A O SCHEDULE B BASIS OF COMPENSATION LUMP SUM / TIME & MATERIAL 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then - authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of : Tom Chmelik Project Manager 4370 Mercantile Naples Florida 34104 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump sum /time and material payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. ITEM LUMP SUM/ Time & Material FEE PAYMENT SCHEDULE FEE FOR: 1. Condition Assessment Report for $ 71,000.00 Lump Sum - Upon Approval and Wells Acce tance of Documents 2. Preliminary Design Report (30% $ 298,975.00 Lump Sum - Upon Approval and Design) Acce tance of Documents 3. Final Design 60 & 90 %, $675,650.00 Lump Sum - Upon Approval and Permitting, Bid Documents, Acceptance of all Documents and Degasification /Order Control & submission of construction General Contractor document for ulling of permit 4. Bidding $8,300.00 Lump Sum - Upon Approval of 100% Documents 5. Construction Phase $ 253,900.00 Time & Material — Not to Exceed 6. Project Management $ 133,550.00 Time & Material - Not to Exceed 7. Allowance $ 37,300.00 Time & Material --Not to Exceed 8. Reimbursable $18,425.00 Time & Material - Not to Exceed TOTAL FEE Total Items 1 -8 $ 1,497,100.00 TPA#1983371.1 DoE B.2.2. The fees noted in Section 2.1. shall constitute the combined lump sum and time and material amount of One Million Four Hundred Ninety Seven Thousand One Hundred Dollars ($1,497,100.00) to be paid to CONSULTANT for the performance of the Basic Services. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out -of- pocket expenses incurred in the performance of all such services. B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. 8.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. TPA41983371.1 '1OE B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark -up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from /to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.4.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. B.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S., and the Agreement, the terms of the Agreement shall prevail. TPA91983371.1 Exhibit A -1 -A SCHEDULE B BASIS OF COMPENSATION DOE Task 1 Condition Assessment Report for Wells $ 71000 00 Lump Sum Data, Apt, Site Investigation, APT requirements, oversight, samples, prepare condition analysis report, submit for review, finalize Task 2 Preliminary Design Report (30% Design) $ 298,975.00 Lump Sum Survey, preliminary design report, pre - purchase packages, submit, review and finalize documents Task 3 Final Design $ 675,650.00 Lump Sum 60% & 90% Plans and specifications, permitting, FDEP construction permit, FDEP Injection Well modifications, SFWMD DUP modification, Collier site development plan, Collier ROW permit, Collier building permit, bid documents degasification/order, bid documents for general contractor Task 4 Bidding $ 8,300.00 Lump Sum Bidding Contracts (2) Task 5 Construction Phase $ 253.900.00 Time & Material - NTE Construction management (26) monthly meetings, engineering support, sub site visits, shop drawing reviews (approximately 12 shop drawings, 2 reviews each, construction observation Task 6 Proiect Management $133,550.00 Time & Material - NTE Project Guide and reporting, project team meetings Task 7 Allowance $ 37 300.00 Time & Material - NTE For unforeseen changes in design, construction oversight and project management Task 8 Reimbursable $ 18,425.00 Time & Material- NTE Total $1,497,100.00 - Combined Lump Sum & Time & Material TPA#19833711 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP °+ H TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prim on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has mken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #51. Route to Addressee(s) (List in routing order) Office Initials Date 1. t� Q� v"l (Initial) 1 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. 1 Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office 1/ tv i1 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact smff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff . \.� Phone Number N/A (Not Contact t� Q� v"l (Initial) 1 Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document 1 Number of Original Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1 Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 04 -COA- 01037/2097 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC 1/ tv i1 Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's /1 Office and all other parties except the BCC Chairman and the Clerk to the Board �( 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 1 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be ware of your deadlines! a 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The � M K �+r l County Attorney's Office has reviewed the changes, if applicable. 1 Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 04 -COA- 01037/2097 12 MEMORANDUM Date: November 15, 2007 To: David C. Weigel, County Attorney Office of the County Attorney From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -327 Enclosed please find one (1) copy of the document, as referenced above, (Agenda Items #12A). approved by the Board of County Commissioners on Tuesday, November 13, 2007. If you should have any questions, please contact me at 252 -8411 Thank you. Teresa Polaski, Enclosure 1 ^r MEMORANDUM Date: November 15, 2007 To: Sue Filson, Executive Manager Board of County Commissioners From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -327 Enclosed for your records is one (1) copy original agreement as referenced above, (Agenda Item #12A) approved by the Board of County Commissioners on Tuesday, November 13, 2007. If you should have any questions, please feel free to contact me at 252 -8411. Thank you. Attachment RESOLUTION NO.2007 -327 ` 2 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. WHEREAS, Section 11 9.07(l), 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 of County Commissioners has determined that a policy should be created establishing 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 -sided copy which is 14 inches by 8'/2 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 §119.07(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. Pagel of 3 2. If the 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 such 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 governmental units (i.e., municipalities, Collier County School Board, fire departments and constitutional officers) within Collier County funded solely by ad valorem tax dollars will be exempt from payment of charges defined in this Resolution provided that they agree, in writing, to not charge the Board of County Commissioners and Divisions / Departments working for the Board of County Commissioners for public records requests made to them, their agencies and departments. 5. The following public records requests shall not be subject to the charges and costs implemented by this Resolution. They are standard operations of conducting business: A. All advisory Board members' requests for records and documents relating to a future committee agenda shall be made to the County Manager who will assign the appropriate staff to perform the requested task. Page 2 of 3 0 7 adoption. 1.211 The requirement to make requests through the County Manager does not apply to the Collier County Planning Commission. Members of that commission may make requests to the Community Development and Environmental Services Division staff for records and documents. B. All requests made by individual members of the Board of County Commissioners for records and documents relating to the performance of their official duties shall be made through the County Manager who will assign the appropriate staff to perform the requested task. C. Requests for records and documents between all county offices under the ultimate authority of the Board of County Commissioners. It is expected that all such county offices will work together and share records and documents and there will be no charge to the requesting office. This Resolution supersedes Resolution No. 98 -498. This Resolution shall be effective and implemented as of the date of This Resolution adopted this day of oU 2007, after motion, second and majority vote in favor of adoption. ATTF�St r DWIGHT E: B'RoCK, CLERK App rfiSc- �6lorm and legal sufficienc�y: David C. Weii/igg County Attorney 04 -COA -010 52/71 1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLO IDA By: TAMES COLETTA, CHAIRMAN Page 3 of 3 Item# 104 Court- OW-1- 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 11 9.07(l), 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 of County Commissioners has determined that a policy should be created establishing 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 -sided copy which is 14 inches by 8 '/z 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 §119.07(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 1 of 3 12A 2. If the 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 such 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 governmental units (i.e., municipalities, Collier County School Board, fire departments and constitutional officers) within Collier County funded solely by ad valorem tax dollars will be exempt from Payment of charges defined in this Resolution provided that they agree, in writing, to not charge the Board of County Commissioners and Divisions / Departments working for the Board of County Commissioners for public records requests made to them, their agencies and departments. 5. The following public records requests shall not be subject to the charges and costs implemented by this Resolution. The follewono are not to be GORGidered They are standard operations of conducting business: A. All advisory Board members' requests for records and documents relating to a future committee agenda will not be Gen6ddere" Page 2 of 3 12A shall be made to the County Manager who will assign the appropriate staff to perform the requested task. T#is -The requirement to make requests through the County Manager does not apply to the Collier County Planning Commission. Members of that commission may make requests to the Community Development and Environmental Services Division staff for records and documents. B. All requests made by individual members of the Board of County Commissioners for records and documents relatinq to the performance of their official duties .- morraTT desuaaeats through the County Manager who will assign the appropriate staff to perform the requested task. C. Requests for records and documents between all county offices under the ultimate authority of the Board of County Commissioners. all such county offices will work together and share records and documents and there will be no charge to the requesting 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 Approved as to form and legal sufficiency: David C. Weigel County Attorney 04- COA- 01052/711 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Page 3 of 3 12B THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF December 3, 2008 13A THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF December 3, 2008 • 1 i MEMORANDUM Date: December 15, 2010 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Construction and Maintenance Agreement/Final Platt Map: Sandlewood Attached for your records is a copy of the document referenced above (Agenda Item #16A8) adopted by the Board of County Commissioners on Tuesday, November 13, 2007. If you should have any questions, please feel tree to contact me at 252 -8411. Thank you. Attachment (1) [PRINTER TABLE command: COURIER] ITEM NO.: DATE RECEIVED: FILE NO.: ROUTED TO: I ,S oXooT DO NOT WRITE ABOVE THIS LINE (ori_r, 9/89) REQUEST FOR LEGAL SERVICES to Date: Pee@fflbor- §; '°="20,z December,--/, 2010 AR- 8661 To: Office of the County Attorney, Attention: Steve Williams From: John R. Houldsworth, Senior Engineer ._ r' ? 1, , Development Services, Engineering Review Re: Sandlewood BACKGROUND OF REQUEST /PROBLEM: Please review attached prefiff4fiafy final plat for legal sufficiency. (Are there documents or other information needed to review this matter' ?) This item has not been previously submitted. (If previously submitted provide County Attorney's Office file no.) r 16 A g �! �t,3 Is6A �lri 5, hL)t-h.�pro 1 �q cl YYara� ?D ACTION REQUESTED: Review, execute if found to be sufficient and have returned to this office for recording. OTHER COMMENTS: `l 1 STS 12 13 l0 e At G. U f M us U Cows r2 9 /D Lam` �t,3 Is6A �lri 5, hL)t-h.�pro 1 �q cl YYara� ?D ACTION REQUESTED: Review, execute if found to be sufficient and have returned to this office for recording. OTHER COMMENTS: `l 1 STS 12 13 l0 h C ocr3 16A8 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS � THIS AGREEMENT is entered into this/�i `ftday of c f , 010 by CNLBank (hereinafter "Developer"), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: SANDALWOOD. B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Davidson Engineering, Inc. (Developer's Engineer"), a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 10.02.05 C. and 10.02.04 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $423,847.84, and this amount represents 110% of the Developer's Engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the County Manager or his designee within eighteen (18) months from the date of approval of said subdivision plat. 2. Developer herewith tenders its letter of credit as subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $423,847.84 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 16A8 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5. The County Manager or his designee shall, within sixty(60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Three (3) months after the execution of this Agreement and within every three (3) months thereafter, the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 16A8 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Develer have caused this Agreement to be executed by their duly authorized representatives thisd# day of November, 2010. SI NED IN TH PRES OF: CNLB/ k • 6 nn Printed name 11 tJ° c • -1 E. Whittenhall/ Executive Vice President and enior Lending Officer, Southwest Florida Printed name ,e. G7q„e . ATTEST: DWIGHst E BROCCURK BOARD OF COUNTY COMMISSIONERS r OF COLLI C LINTY, FLORIDA t is:! By: Dep y Clerk k '' Chairman . yLE,..C4dSik • Approved as to form and legal sufficiency: Assistant County Attorney x,J R:PCNL Bank\livingston Road Development,LLC\Stock Dev.Sale\County\CONSTRUCTION and MAINTENANCE.final.docx APPLICANT: CNLBank (hereinafter "Applicant ") 9160 Bonita Beach Road Bonita Springs FL 34133 BENEFICIARY: Board of County Commissioners Collier County, Florida (hereinafter `Beneficiary ") c/o Engineering Review Section 2800 North Horseshoe Drive Naples FL 34104 AMOUNT: $423,847.84 USD up to an aggregate thereof DATE OF EXPIRATION: October 22, 2011 PLACE OF EXPIRATION:. CNLBank (hereinafter "Issuer ") Attention: Loan Services 250 International Pkwy — Ste 120 Lake Mary FL 32746 We hereby establish our Irrevocable Letter of Credit number 330004 in your favor for account of the above - referenced applicant available by your drafts drawn on CNLBank payable at sight for any stun of money not to exceed a total of the amount referenced above when accompanied by this Letter of Credit and the following document: Beneficiary's dated certificate purportedly signed by the County Administrator certifying that: "CNLBank has failed to construct and /or maintain the improvements associated with that certain plat of a subdivision know as Sandalwood or a final inspection satisfactory to Collier County has been performed prior to the date of expiry, and satisfactory alternate performance security has not been provided to and formally accepted by the Beneficiary ". Upon the earliest of (a) the date of any payment by us of a draft under this Letter of Credit causes the available amount to equal zero; (b) the surrender to us by the beneficiary of the Letter of Credit or (c) the expiration date, this Letter of Credit shall terminate. 16A8 Page I 2 Letter Credit WIN CNL Bank of — of 330004 > Bonita Springs Office 9160 Bonita Beach Road Bonita Springs, Florida 34135 tel 239.4,14.2860 fax 239.444.286 t IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER www.cnlhank.corn Mailing Address: P.O. Box 2327 ISSUANCE DATE: October 22, 2010 Bonita Springs, Florida 34133 APPLICANT: CNLBank (hereinafter "Applicant ") 9160 Bonita Beach Road Bonita Springs FL 34133 BENEFICIARY: Board of County Commissioners Collier County, Florida (hereinafter `Beneficiary ") c/o Engineering Review Section 2800 North Horseshoe Drive Naples FL 34104 AMOUNT: $423,847.84 USD up to an aggregate thereof DATE OF EXPIRATION: October 22, 2011 PLACE OF EXPIRATION:. CNLBank (hereinafter "Issuer ") Attention: Loan Services 250 International Pkwy — Ste 120 Lake Mary FL 32746 We hereby establish our Irrevocable Letter of Credit number 330004 in your favor for account of the above - referenced applicant available by your drafts drawn on CNLBank payable at sight for any stun of money not to exceed a total of the amount referenced above when accompanied by this Letter of Credit and the following document: Beneficiary's dated certificate purportedly signed by the County Administrator certifying that: "CNLBank has failed to construct and /or maintain the improvements associated with that certain plat of a subdivision know as Sandalwood or a final inspection satisfactory to Collier County has been performed prior to the date of expiry, and satisfactory alternate performance security has not been provided to and formally accepted by the Beneficiary ". Upon the earliest of (a) the date of any payment by us of a draft under this Letter of Credit causes the available amount to equal zero; (b) the surrender to us by the beneficiary of the Letter of Credit or (c) the expiration date, this Letter of Credit shall terminate. • 1 i CNLBank Irrevocable Standby Letter of Credit Number 330004 Page 2 of 2 All drafts must reference the number and issue date of this credit. You may draw hereunder on or prior to the expiration date, up to the full amount available hereunder, against your sight draft (s) on us, bearing the number of this Letter of Credit. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to ally document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. This letter of credit shall be valid until October 22, 2011, and shall thereafter by automatically renewed for successive one -year periods on the anniversary of its issue at least 60 (sixty) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by overnight courier service that the Issuer elects not to so renew this credit. Issuer hereby engages with Beneficiary that Draft(s) drawn under and in compliance with the terms of the Credit will be duly honored by Issuer if presented within the validity of this Credit. This Letter of Credit is subject to the International Standby Practices 1998, International Chamber of Commerce Publication No. 590, ( "ISP 98 "), which is incorporated into the text of this Letter of Credit by this reference. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. This Letter of Credit shall be deemed made under the laws of the State of Florida, and as to matters not governed by the International Standby Practices 1998, shall be governed and construed in accordance with such law. We hereby agree with you that all drafts drawn in compliance with the terms of this Letter of Credit will be duly honored upon presentation and delivery of the original letter of credit and the documents specified above to CNLBank, Attention: Loan Administration, 250 International Pkwy — Ste 120, Lake Mary FL 32746 on or before October 22, 2011. BANK'S LEGAL NAME: SIGNATURE OF BANK OFFICER: NAME OF SIGNER AND TITLE' i DATE: Whittenhall - Executive Vice President, it Lending Officer, Southwest Florida October 22, 2010 DE DAVIDSON PH 2T) -)1)7 M10 Sandalwood SOMMARY OF CONS'IRUMION COS'T'S Prepared By: Davidson Engineering, Inc. / Jim Krall Descriution Orig. Estimate* Earthwork = $ 420,442.40 Pavement / Concrete = $ 453,880.50 Landscaping, Irrigation, and Lighting = $ 162,619.00 Water Utilities = $ 180,229.45 Sanitary Utilities = $ 293,196.70 Drainage Utilities = $ 211,506.83 Total of Construction Costs = $ 1,721,874.88 Bond Requirement. 10% of original total.- $ Veterans Memorial right turn land: $ Remaining Work $ Total Bond required: $ * original estimate based on actual bids and engineer's estimate 172,187.49 37,199.35 214,461.00 423,847.84 • Remaining Work 16,342.00 31,000.00 162,619.00 0.00 4,500.00 0.00 214,461.00 DE DAVIDSON 2154 'Trade Center Way, Suite 3 Naples, FL 34109 PH: 239.597.3916 Fax: 239.597.5795 Sandalwood SUMMARY OF CONSTRUCTION COSTS Prepared By: Davidson Engineering, Inc. / Jim Krall Description Orig. Estimate* Earthwork = $ 420,442.40 Pavement / Concrete = $ 453,880.50 Landscaping, Irrigation, and Lighting = $ 162,619.00 Water Utilities = $ 180,229.45 Sanitary Utilities = $ 293,196.70 Drainage Utilities = $ 211,506.83 Total of Construction Costs = $ 1,721,874.88 Bond Requirement. 10% of original total. $ Veterans Memorial right turn land: $ Remaining Work $ Total Bond required. $ * original estimate based on actual bids and engineer's estimate 172,187.49 37,199.35 214,461.00 423,847.84 16A8 10/17/2006 Remaining Work 16,342.00 31,000.00 162,619.00 0.00 4,500.00 0.00 214,461.00 RIMIER RON 2154 Trade Center Way, Suite 3 Naples. FL 34109 PH: 239.597.3916 Fax: 239.597.5795 Sandalwood SUMMARY OF CONSTRUCTION COSTS - EARTHWORK Prepared By: Davidson Engineering, Inc. / Jim Krall Earthwork Description Quantity Unit Cost Mobilization 1 LS $15,000.00 = $ 15,000.00 Traffic Maintenance 1 LS $10,000.00 = $ 10,000.00 Silt Fence 6000 LF $1.25 = $ 7,500.00 Clearing and Grubbing 20 AC $3,670.00 = $ 73,400.00 Removal of Existing Pavement 0 SF $3.11 = $ - Imported Fill 8500 CY $7.50 = $ 63,750.00 Hydro-seeding 29040 SF $0.06 = $ 1,742.40 Sod 5000 SF $2.92 = $ 14,600.00 Site Grading 83000 SY $2.65 = $ 219,950.00 Demolition 0 LS $0.00 = $ - General Excavation - On Site 1000 CY $7.00 = $ 7,000.00 General Excavation - Off Site 500 CY $15.00 = $ 7,500.00 Additional Fees: - $ _ $ _ $ - Total of Construction Costs - Earthwork $ 420,442.40 w 10/17 /2008 Remaining work $ 1,742.40 $ 14,600.00 $ 16,342.40 2154 Trade Center Way, Suite 3 Naples, Fl, 34109 Pli: 239.597.3916 Fax: 239.597,5795 VETERANS MEMORIAL PARKWAY PROPOSED EASTBOUND TURN LANE SUMMARY Of CONSTRUC'T'ION COSTS - PAVEMENT Prepared By: Davidson Engineering, Inc. / Jim Krall Pavement Description Quanta Unit cost As halt - 2 1/2" TVDe S -III 255 SY $16.00 = $ 4,080.00 As halt -1" Type S -1 10o SY $10.00 = $ 1,000.00 10" Limerock Base 2s0 SY $18.50 = $ 4,810.00 8" Limerock Base 0 SY $1s.00 = $ 12" Stabilized Sub grade 335 SY $9.85 TemPorary Construction Ent. / Exit 0 sY F $8.58 = $ T e D Curb - Formin and Concrete o LF $15.00 = $ - T e F Curb - Forminq and Concrete 190 LF $25.00 = $ 4,750.00 'Valley Gutter Curb 0 LF $15.00 = $ - 'Valley Gutter Curb LF $17 0 = $ - 4" Thick Concrete Sidewalk 0 SF $1.z5 = $ Concrete Wheelsto s 0 EA $48.00 = $ - Brick Pavers 0 SF $3.50 = It Si na e 1 LS $2,500.00 = $ 2-,5- 0- 0-0- 0- Striping t LS $1,000.00 = 1 $ 1,000.00 Handicapped Parking Detail o EA $49.00 = $ Additional Fees: Excavation Sod t 422 SY , . $1.80 $ ,0 0.00 759.60 _ $ Total of Construction Costs - Pavement $ 37,199.35 1�6 A g Remaining Work $ 4,080.00 $ 1,000.00 $ 4,810.00 $ 3,299.75 $ 4,750.00 2,500.00 1,000.00 15,000.00 759.60 t 37,199.35 D cm R IDSON E IJ GINEERING 2154 Trade Center Way, Suite 3 Naples, PL 34109 PH: 239.597.3910 Pax: 239.597.5795 Sandalwood SUMMARY OF CONSTRUCTION COSTS - PAVEMENT Prepared By: Davidson Engineering, Inc. / Jim Krall Pavement Descriution Quantit Unit Cost Asphalt - 1 1/2" Type S -III 5975 SY $10,00 = $ 59,750.00 6" Limerock Base 7080 SY $13.00 = $ 92,040.00 8" Limerock Base 0 SY $15.00 = $ - 12" Stabilized Sub grade 7080 SY $9.85 = $ 69,738.00 Temporary Construction Ent. / Exit 500 SY $8.58 = $ 4,290.00 Type D Curb - Forming and Concrete o LF $15.00 = $ Type F Curb - Forming and Concrete 0 LF $25.00 = $ 2'Valley Gutter Curb 5000 LF 1 $15.00 = $ 75,000.00 T Valley Gutter Curb LF $17.50 = $ 4" Thick Concrete Sidewalk 27250 SF $1.25 = $ 34,062.50 Concrete Wheelsto s o EA $48.00 = $ Brick Pavers o SF $9.95 = $ - Si na e 1 LS $5,000.00 = $ 5,000.00 Striping - Per Space 0 EA $9.45 = $ Handicapped Parking Detail o 1 4 $49.00 = $ Additional Fees: _ $ Sod 5000 SY T $0.20 = $ 1,000.00 Veterans Memorial Blvd. 1 LS $113,00o.00 = $ 113,000.00 1 LS = $ - Total of Construction Costs - Pavement = $ 453,880.50 16A 8 10/17/2009 Remaining Work $ 30,000.00 $ 1,000.00 b - $ 31,000.00 DE DAVIDSON ENGINEERING 2154 Trade Center Nay, Suite 3 Naples, FL 34109 PH 239.597.3916 Fax, 239 597.5795 Sandalwood SUMMARY OF CONSTRUCTION COSTS - LANDSCAPING Prepared By: James Kraft ALD, Inc. Landscaping Description Quantity Unit. Cost Landsca in : &reteinU wall 1 LS $e2009.00 = 82,009.00 Irrigation System $14,500.00 = $ 14,500.00 Irri ation Meter 1ALS $3,500.00 = $ 3,500.00 Site Lighting* $0.00 = $ Additional Fees: Exotic removal 2.66 Ac. $1.000.00 = $ 2,660.00 Re-vegetation Bond 1 11.99 Ac. $5,000.00 = $ 59,950.00 Total of Construction Costs - Landsca in -=F-$ 162 619.00 note: site lighting is supplied by FPL 16A8 10/17/2000 Remaining work 82,009.00 DE DAVNDASaQN 2154 Trade Center Way, Suite 3 Naples, fL 34109 PH: 239.597.3916 Pax: 239.597.5795 Sandalwood SUMMARY OF CONSTRUMON COS'T'S - WATER UTILITIES Prepared By: Davidson Engineering, Inc. / Jim Krell Descri tlon AWWA C900 Class 150, DR 18: Quantity Unit Cost 4" Water / Fire Main 0 LF $7.15 = $ 6" Water / Fire Main 0 LF $13.75 = $ 8" Water / Fire Main 2357 LF $15.65 = $ 37,358.45 10" Water/ Fire Main 0 LF $22.00 = $ - 12" Water/ Fire Main 650 LF $29.50 = $ 19 175.00 AWWA Class 160 SDR 26 PVC: 3/4" Supply 0 LF $1.06 = $ 1" SLIPPlY 0 LF $1.56 = $ 1 1/2" Supply 0 LF $2.06 = $ 2" Su pply 0 LF $2.91 = $ - 2 1/2" Supply 0 LF $4.14 = $ - 3" Supply 0 LF $5.30 = $ 4" Supply 0 LF $7,35 = $ - Fittings: 90 "-4" 0 EA $68.00 - $ 90 °-6'. 0 EA $11100 = $ 90'-8" 0 EA $209.00 = $ - 90" -10" 0 EA $320.00 = $ - 90° -12" 0 EA $490.00 = $ - Tee - 4" 0 EA $90.50 = $ - Tee - 6" 0 EA $189.00 $ - Tee - 8" 0 EA 1 $300.00 = $ - Tee - 10" 0 EA $515.00 = $ - Tee - 12" o EA $740.00 = $ - 45" - 4" 0 EA $67.00 = $ 45'-6" 0 EA $110.00 = $ - 45° - 8" 0 EA $320.00 = $ - 45" - 10" 0 EA $480.00 = $ - 45" - 12" 0 EA $640.00 = $ - Valves: 4" Check Valve 0 EA $559.00 = $ - B" Check Valve 0 EA $875.00 = $ 8" Check Valve o EA $1,250.00 = $ 4" Gate Valve 0 EA $650.00 = $ - 6" Gate Valve o EA $900.00 = $ 8" Gate Valve 9 EA $1,100.00 Air Release Valve (ARV)_ 5 EA $1,500.00 = $ 7,500. 16A8 10/17/2000 Remaining work DE DAVIDSON E14 GIN EEe ING 2154 Trade Center Way, Suite 3 Naples, PL 34109 Pit: 239.597.3916 Fax: 239.597.5795 SUMMARY OF CONSTRUCTION COSTS - WATER UTILITIES, CONTINUED Ta in Fees 8" Water Main 0 EA $490.00 = $ - 10" Water Main 0 EA $575.00 = $ 12" Water Main 1 EA $660.00 = $ 660.00 16" Water Main o EA $800.00 = $ - 24" Water Main 0 EA $975.00 = $ - 30" Water Main o EA $1,200.00 = $ Meter Master Meter - Potable only o EA $1e000.00 = 1 $ - Master Meter - Potable /Fire Combo 0 EA $30,000.00 = $ 1" Meter Box 57 EA $490.00 = $ 27 930.00 1 1/2" Meter Box o EA $720.00 = $ 2" Meter Box 0 EA $950.00 = $ - 3" Meter and Backflow Device o EA $4,300.00 = $ - 3 1/2" Meter and Backflow Device 0 EA $5,000.00 = $ - 4" Meter and Backflow Device 0 EA 1 $6,580.00 = $ - 8" N Style Backflow Device o EA $9,000.00 = $ - Fire Hydrant Assembly 8 EA $8,500.00 = $ 39 000.00 Fire Department Controls 0 EA $5,000.00 = $ - Water Service Fee - Single 1 57 EA 1 $300.00 Water Service Fee - Double 0 EA $500.00 = $ Removal of Existing Utilities 0 LS $0.00 = $ - Excavation and Backfill of Pie 2400 LF $7.44 = $ 17,856.00 Connection to Existing Main 0 LS $0.00 = $ - 6" Ductile Iron Pie 0 LF 8" Ductile Iron Pie o Additional Fees: BSP 3 ea $750.00 = $ 2,250.00 Blowoff 1 EA $1,500.00 = $ 1,500.00 _ $ Total of Construction Costs - Water Utilities $ 180 229.45 16A8 10/17/2000 T' DE DLVIDSQN 2154 Trade Center Way, Suite 3 Naples, FL 34109 PH: 239.597.3916 Fax: 239.597.5795 Sandalwood SUMMARY OF CONSTRUCTION COSTS - SANITARY UTILITIES Prepared By: Davidson Engineering, Inc. / Jim Krall Deacri tion Vc Quantity Unit Cost 4" Force Main 85 LF $ 5.90 = 1 $ 501.50 6" Force Main 0 LF $ 9.15 = $ - 8" Force Mein 0 LF $ 12.30 = $ 10" Force Main 0 LF $ 17.55 = $ - 12" Force Main 651 LF $ 17.60 = $ 11 457.60 Fittings - Bends and Elbows: 4" Diameter 20 EA $ 67.00 = $ 1,340.00 6" Diameter 0 EA $ 96.00 = $ - 6" Diameter 0 EA $ 125.00 = $ - 10" Diameter o EA $ 164.00 = $ - 12" Diameter 0 EA $ 196.00 = $ Fittings - Tees: 4" Diameter 0 A $ 103.00 = $ - 6" Diameter 0 EA $ 117.00 = $ - 8" Diameter 57 EA $ 131.00 = $ 7,467.00 10" Diameter 0 EA $ 147.00 = $ 12" Diameter 0 EA $ 166.00 = $ VC 2350 LF $ 17.90 = $ 42,065.00 Manholes: <= 4' Deep 0 EA $ 2,500.00 = $ - > 4' but <= 6' Deep 0 EA $ 2,750.00 = $ - > 6' Deep, but <= 8' Deep 0 EA $ 4,100.00 = $ - > 8' Deep 10 EA $ 4,327.50 = $ 43 275.00 Excavation and Backfiil of Pie 2265 LF $ 7.44 = $- 16-18- -5 1.6-0- 6" Cleanout Pie 57 EA $ 327.00 = $ 18 639.00 Sanitary Service Fee - Single 57 EA $ 300.00 = $ 17 100.00 Sanitary Service Fee - Double 0 EA $ 500.00 = $ - Lift Station - 6' 0 EA $ 50,000.00 = $ - Lift Station - 8' 1 EA $ 125,000.00 = $ 125 000.00 ; 14 Steel Casing / Jack and Bore 0 LF $ 131.00 = $ 16 Steel Casing / Jack and Bore o LF $ 185.00 = $ 18 Steel Casing / Jack and Bore 0 LF $ 195.00 = $ - Connect Force Main to Ex. Gravity 0 LS $ 2,500.00 = $ - Removal of ExIStinQ System 0 LS $ _ $ - Additional Fees: Force main valving 1 LS 1 $ 5,000.00 = $ 5,000,00 9 Sanitary Sewer video to in ost t 1 LS 1 $ 4,500.00 1 = 1 $ 4,500.00 9 Total of Construction Costs - Sanitary Utilities - 1 $ 293,196.70-Fl 16A8 10/17/2000 Remaining work D - i - i - S - 4,500.00 4,500.00 PC 2154 Trade Center Way, Suite 3 Naples, FL 34109 PH: 239.5971916 Fnx- 774 597 r745 Sandalwood SUMMARY OF CONSTRUCTION COSTS - DRAINAGE UTMIES Prepared By: Davidson Engineering, Inc. I Jim Kral] Description Circular -RCP: Quantity Unit Cost 15" Reinforced Concrete Pie 18" Reinforced Concrete Pie 21" Reinforced Concrete Pie 2026 1313 0 LF LF LF $27.13 $29.59 $35.76 = = = $ 54,965.38 $ 38,851.67 $ - 24" Reinforced Concrete Pie 30" Reinforced Concrete Pie 36" Reinforced Concrete Pie 267 467 160 LF LF LF $41.51 $60.83 $8015 = = = $ 11,083.17 $ 28,407.61 $ 12 824.00 42" Reinforced Concrete Pipe ' LF $99.46 = $ - 48" Reinforced Concrete Pie 0 LF $118.37 = $ - Elliptical-RCP: 14 "X23" Reinforced Concrete Pie 0 LF $41.51 = $ - 24 "X38" Reinforced Concrete Pie 0 LF $92.06 = $ - 29 "X45" Reinforced Concrete Pie o 1 LF 1 $110.97 1 = 1 $ - 38 "X60" Reinforced Concrete Pie o LF $147.96 = $ - 48 "X76" Reinforced Concrete Pie 0 LF 1 $221.94 = $ Flared End Sections: 15" FES 0 EA $650.00 = $ - 18" FES 24" FES 3 0 EA EA $775.00 $900.00 = = $ 2,325.00 $ - 36" FES 0 EA $1,100.00 = $ - Mitered End Sections: 15" MES o EA $1,000.00 = $ - 18" MES 0 EA $1,200.00 = $ - 24" MES 0 EA $1,200.00 = $ 36" MES o EA $21000.00 = $ Drainage Structures: FDOT Type C 21 EA $1,400.00 = $ 29,400.00 FDOT Type D 5 EA $11800600 = $ 91000.00 ; FDOT Type E Junction Boxes < 8' Dee 1 0 EA EA $2,200.00 $1,322.00 = = $ 2,200.00 ; $ - Junction Boxes > 8' Dee 0 EA $ _ $ _ Control Structure 2 EA $5,500,00 = $ 11 000.00 ; Materials: RIP RAP 20 1 TON 1 $32.50 1 =-F$ 650.00 ; Additional Fees: Valley gutter castings 12 EA $900.00 = $ 10 800.00 _ $ _ $ Total of Construction Costs - Drainage Utilities = $ 211,506.83 1 10/17/2006 Remaining Work I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPI ( -) TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through 94 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ., draw . nne thrnunh routine lines # I through #4. complete the checklist, and forward to Sue Filson (line #5). ........ ...... ........ ............_... .......... , Route to Addressee(s) (List in routing order) Office Initials Date 1. Michelle Arnold Code Enforcement (Initial) A plicable) 2. Judy Puig CDES Agenda Item Number 16A q 2. Marlene Stewart CDES 3. Sue Filson, Executive Manager Board of County Commissioners Number of Original 25 4. Release & Satisfaction of Lien Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary . Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item ) Name of Primary Staff Bendisa Marku Phone Number 213 -5892 Contact appropriate. (Initial) A plicable) was Agenda Date Item was Original document has been signed /initialed for legal sufficiency. (All documents to be Agenda Item Number 16A q A roved b the 3 O Type of Document Executive Summary Number of Original 25 Attached Release & Satisfaction of Lien Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04_ Revised 1.26.05, Revised 2 24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) A plicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be BM signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's BM signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip BM should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 1193 ^D 7 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04_ Revised 1.26.05, Revised 2 24.05 EXECUTIVE SUMMARY 16 A 9 Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. 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. Reference Owner of Record Property Address Lien Amount OSM 2005050140 Oakes Farms, Inv., c/o Francis A. Oakes, Jr. 2205 Davis Blvd., Naples FL $5,000.00 OSM 2005060322 Worth B. Johnson 6368 Adkins, Naples FL $156.90 OSM 2005120637 Frank Aloia, Jr., Trustee, Cinema Land Trust 5249 Alabama Avenue $182.40 OSM 2006020826 Peggy Archibald 5366 Catts St., Naples, FL $170.11 OSM 2006050082 Herminia Rios Lopez 774 El Paso Trail, Naples FL $624.64 OSM 2006120336 Richard Barrett Estate and Anadelia Hernandez 702 Jefferson Avenue W. Immokalee, FL $120.94 OSM 2007030404 Elizabeth Herrera 222 N. 5th Street., Naples FL $252.38 OSM 2007020475 Linda G. Midlam 5090 31" Avenue SW, Naples FL $625.82 OSM 2006100842 Leonardo Hernandez 219 7th Street North, Naples FL $121.05 OSM 2005090008 Barbara Long 3190 Walker Lane, Naples, FL $2,550.00 OSM 2006030179 Alicia Lopez and Arcadia Ze eda 233 Adams Avenue E., Naples FL $118.90 OSM 2006030180 Alicia Lopez and Arcadia Ze eda 233 Adams Avenue E., Naples FL $900.00 OSM 20070101 19 Kima Watt 854 109" Avenue, Naples, FL $252.52 OSM 2007040080 Angela Marie Perkins and Johnathan Wayne Perkins 2679 Becca Avenue, Naples, FL $248.40 OSM 2006120183 Jose hina Munoz 3026 Immokalee Drive, Immokalee, FL $453.11 OSM 2007030607 Steven T. Spaulding and Doreen Spaulding 4589 30'h Ave. SW, Naples, FL $263.47 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 -41 Lisa Marie Hodge 2181 Platt Road, Naples, FL $349.29 CEB 2006 -42 Worthwhile Development 4520 Green Blvd (and 4266 Jefferson Lane) $6,000.00 Rev 12/06 r, I A. i CEB 2007 -20 Cesario and Yonacia Nunez, deceased Gerald and Elvira Warden 204 Madison Avenue W. Immokalee, FL $343.19 CEB 2007 -12 Marlene Santilli County Address #98511, Collier County, FL $544.51 CEB 2003 -052 Manuel Pacacios and Aida Jaure ui 1 186 41" Avenue N.W., Naples FL $1,025.60 CEB 2004 -060 Jerry and Janice Miller 4260 68'h Avenue NE, Naples, FL $4,000.00 CEB 2004 -061 Gerald and Louise Miller 4251 66'h Avenue NE, Naples, FL $4,000.00 TOTAL $30,169.73 FISCAL IMPACT: Costs incurred 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. RECOMMENDATION: That the Board of County Commissioners approve the Release and Satisfactions of Lien. PREPARED BY: Bendisa Marku, Operations Coordinator, Code Enforcement Rev 12/06 4094906 OR: 4302 PG: 0880 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/14/2007 at 08:24AM DWIGHT E, BROCK, CLERK REC FEE 18,50 COPIES 2.00 Prepared by and Return to: Retn: Collier County Housing & Human services Department CLERK TO THE BOARD i 6 A 9 3050 N. Horseshoe Drive, #110 INTBROFFICE 4TH FLOOR Naples, Florida 34104 BIT 7240 DECLARATION OF RESTRICTIONS Immokalee Friendship House, Inc. a private, limited partnership, having its principle office at 602 W. Main Street, Immokalee FL, 34142, hereinafter referred to as "Declarant," for the property described below, in consideration of ESG funding in the amount of Ninety Eight Thousand Twelve Dollars an no cents ($98,012.00] to be received from Collier County does hereby grant to the County the following restrictions against the subject property described as: Lots 19 -22 inclusive, Block 5, Miller's Park Subdivision, according to the map or plat thereof, recorded in Plat Book 2, Page 80, and Public Records of Collier County, Florida. Less and except the South 20 fee for road right -of -way as recorded in O.R. Book 1329, Page 2256, Public Records of Collier County, Florida. 1. This Declaration of Restrictions shall be deemed as covenants running with the land and are binding upon the undersigned, their heirs, executors, successors, and assigns. These restrictions can only be terminated if released by Collier County, acting through and by its Board of County Commissioners, and only when executed with the same formalities as this document, effective when recorded in the Public Records of Collier County, Florida. Collier County is specifically granted the right to enforce this Declaration using all means lawfully available, and is entitled to such costs and fees as may be required to enforce this Declaration. 2. In consideration of the County's grant in the amount of $98,012.00 (in ESG funds) as provided through a grant Agreement with the County dated September 25, 2007, the Declarant hereby covenants and agrees to only use the subject property as described in the Declarant's funding application to the County, and as described in said grant Agreement, and as set forth below, for a period of twenty (20) years commencing with the expiration date of said grant Agreement (as the tern of such Agreement may be amended from time to time). 3. The Declarant agrees, with regard to the use of the facility /property whose acquisition or improvements were funded through the grant Agreement that for a period of twenty (20) years after the closing date of said project (as the term of such Agreement may be amended from time to time): a. The Declarant may not change the use or planned use, or discontinue use, of the facility /property (including the beneficiaries of such use) from that for which the acquisition or improvements were made, unless the Declarant provides affected citizens with reasonable notice of, and opportunity to comment on, any such proposed change and either: i) The new use of the facility /property, in the opinion of the County, qualifies as meeting one of the national objectives defined in the regulations governing the ESG program, and is not a building for the general conduct of government; or ii) The requirements of paragraph 3(b)of this section are met. b. If the Declarant determines after consultation with affected citizens, that it is appropriate to change the use of the facility /property to a use which does not qualify under Paragraph 3(a)(1) of this section or discontinue use of the facility /property, it may retain or dispose of the facility for such use if the County is reimbursed in the amount of the current fair market value of the facility /property less any portion thereof attributable to expenditures of non -ESG funds for acquisition of, or improvements to the facility /property. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. c. Following the reimbursement of ESG funds by the Declarant to the County pursuant to Paragraph 3(b) 4. 5. on OR: 4302 PG: 0881 above, the facility /property will then no longer be subject to these restrictions once the County has recorded a release of these restrictions as described above. In the event of any proposed sale, conveyance or transfer of the subject property, the Declarant must obtain approval of the County, through Housing & Human Services. Any approved sale or conveyance of the subject property by the Declarant will be contingent upon the receipt of the payment by the County in accordance with the provisions of Paragraph 3(b) above, or the receipt of a commitment, executed by a subsequent owner acceptable to the County, acknowledging its acquiescence to this Declaration. The Declarant agrees to notify the County in writing through the Housing & Human Services of any liens, judgments or pending foreclosure on the subject property within five (5) working days of the receipt of said notice by the Declarant. Declarant shall submit to the County once each year a report detailing the Declarant's compliance with the terms of the grant Agreement and this Declaration of Restrictions. Declarant relinquishes all rights to alter, amend, modify, or release the covenants set forth in this Declaration prior to the completion of the twenty -year period described above. Executed this 1,1Z day of /`l ✓e , 20 e IMMOKALEE FRIENDSHIP H SE, [N BY: (CORPORATE SEAL) MONICA FISH, EXECUTIVE DIff T R STATE OF FLORIDA COUNTY OF (-o l L / ( fits The forgoing Agreement was acknowledged before me this of 6__&E 120 dLL % by & GA's r, 6 as f7in r of �iyl/�1D��r Fiicdo /Ctl ^x who is personally known to me or has produced as identification and who did (did not) take an oath. (Print or type nameJJ Notary Public State of Florida at Large My Commission expires: Jr-,u /(,. 3 diD l i (Signature) t ( a DUARDO IARRAGUA NoWY Pvb k - StW* of F WEa • 01C4mniak E*MJnn14,2011 Cmiwnktlon 0 DD 025214 OaMp1MNg6N�NaWyMm. * ** 4095842 OR: 4303 PG: 0001 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11 /15/2007 at 11:41AN DWIGHT E. BROCK, CLERK This instrument prepared by: RRC FEE 10.00 COPIES 1.00 Jeff E. Wright Assistant County Attorney Retn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR (239) 213 -2939 BIT 7240 1 6 A 9 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., c/o Francis A. Oakes, Jr. 2205 Davis Blvd. Naples, Florida Folio No.: 00386000009 Payment: $5,000 Reference: 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 / 3 day of 2007. ATTEST: DWIGHT E. BROCK, Clerk Aft @St is to ChairUWpftyClerk signatare 0610 Approved as to form and lega ufficiency: -� Jef E. Mght AssiMnt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA • 1` * ** 4095843 OR: 4303 PG: 0002 **1 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.: 00422600004 Cost: $156.90 Reference: 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 /3 day of , 2007. ATTEST; DWIGHT E. BROCK, Clerk Attest as'to.ChilrQVVtyClerk sigi+e�,yrR: "pal++ Approved as to form and legal sufficiency: Je E. ght Asst nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15/2007 at 11:41AN DWIGHT B. BROCK, CLERK NBC FEE 10.00 This instrument prepared by: COPIES 1.00 Jeff E. Wright Assistant County Attorney Retn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR 16A9 (239) 213 -2939 EKT 7240 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.: 00422600004 Cost: $156.90 Reference: 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 /3 day of , 2007. ATTEST; DWIGHT E. BROCK, Clerk Attest as'to.ChilrQVVtyClerk sigi+e�,yrR: "pal++ Approved as to form and legal sufficiency: Je E. ght Asst nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA * ** 4095844 OR: 4303 PG: 0003 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11)15/2007 at 11:41AN DWIGHT E. BROCK, CLERK ROC FEE 10.00 This instrument prepared by: COPIES 1.00 Jeff E. Wright Assistant County Attorney Retn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR �/ /� (239) 213 -2939 BIT 7240 I .L 6 /4 /' 9 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 O.R. 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. 62150840006 Payment: $182.40 Reference: 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 / 3 day of 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA B I By: t; f f ffi. Co "S=AW►9,fWuk Clerk JAMES COLETTA, CfFAMMAN 5 #�u4k48t'� L�i1JJe Approved as to form and legal s ciency: Jeff E. W g Assist County Attorney This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 * ** 4095845 OR; 4303 PG; 0004 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15/2007 at 11:41AN DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1,00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BET 7240 16 A 9 RELEASE AND SATISFACTION OF LIEN 1 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 O.R. 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.: 62094120002 Payment: $170.11 Reference: 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 1 3 day of %71 e J 2007. ATTEST ` BOARD OF COUNTY COMMISSIONERS DW16HT E. BROCT4, Cierk COLLIER COUNTY, FLORIDA B a �✓JI` ( By. k fR as t ® ES COLE TA, CITXMAAN Approved as to form and legal efficiency: Jeff A. ht Assis t County Attorney * ** 4095846 OR: 4303 PG: 0005 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL I1 /I5/ZO07 at 1L41AN DWIGHT E. BROCK, CLERK This instrument prepared by: REC FEE 10,00 Jeff E. Wright COPIES 1.00 Assistant County Attorney Retn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD ./ Naples, Florida 34104 INTEROFFICE 4TH FLOOR 1 (239) 213 -2939 EKT 7240 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 El Paso Trail Naples, Florida Folio No.: 00082962742 Payment: $624.64 Reference: 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 - 1 o2,— day of 2007. DWIGHT E, BRCCK, Clerk Deputy Clerk Attest At to Chairman s sign4ture 0410 Approved as to form and legal s tciency: Jeff E. W 'g} Assistallif County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMSES COLETTA, CHAIRMAN 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.: 63855040003 Payment: $120.94 Reference: 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 13 day of 2007. ATTEST: DW,IG'AT. E.,BROCK, Clerk V Deputy Clerk aCCtrsc •3s -:ta �hafrmaa s j qrl otur4 ®a l . Approved as to form and legal�ficiency: JefAE. JWhtht Assl ant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA NIPM * ** 4095847 OR: 4303 PG: 0006 RECORDED in OFFICIAL RECORDS at COLLIER COUNTY, PL 11/15(2007 at 11:41AN DWIGHT E. BROCK, CLERK BBC FBI 10.00 This instrument prepared by: COPIES 1.00 Jeff E. Wright Assistant County Attorney Retn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR [ n (239) 213 -2939 BIT 7240 V fE 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.: 63855040003 Payment: $120.94 Reference: 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 13 day of 2007. ATTEST: DW,IG'AT. E.,BROCK, Clerk V Deputy Clerk aCCtrsc •3s -:ta �hafrmaa s j qrl otur4 ®a l . Approved as to form and legal�ficiency: JefAE. JWhtht Assl ant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA NIPM 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.: 60180920008 Payment: $252.38 Reference: 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 - 13 day of _%�wy_p� , 2007. ATTEST: DWICIHT E: BROCK, Clerk utk Clerk Approved as to form and legal sufficiency: Jeff 4. PMht Assis nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J MES COLETTA, C IRMAN * ** 4095848 OR; 4303 PG. 0001 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15(2007 at 11:41AM DWIGHT E, BROCK, CLERK REC FEE 10.00 This instrument prepared by: COPIES 1.00 Jeff E. Wright Assistant County Attorney Retn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 (239) 213 -2939 INTEROFFICE 4TH FLOOR BIT 7240 A 16A9 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.: 60180920008 Payment: $252.38 Reference: 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 - 13 day of _%�wy_p� , 2007. ATTEST: DWICIHT E: BROCK, Clerk utk Clerk Approved as to form and legal sufficiency: Jeff 4. PMht Assis nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J MES COLETTA, C IRMAN * ** 4095849 OR: 4303 PG: 0008 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15/2007 at 11AIAN DWIGHT B. BROCK, CLERK This instrument prepared by: REC FEE 10.00 Jeff E. Wright COPIES 1.00 Assistant County Attorney Retn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR (239) 213 -2939 BET 7240 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 5090 31" Avenue SW Naples, Florida Folio No.: 36437400001 Payment: $625.82 Reference: 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 t 3 day of 2007. ATTEST: DWIGHT E. BROCK. , Clerk SS; ;fo tha I roaitysClerk signdiu 4.V4;1, Approved as to form and leg Al sufficiency: Je E W •fight As ant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,T - --= 42' � 3 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 7`h Street North Immokalee, Florida Folio No.: 52651400007 Payment: $121.05 Reference: 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 12)_ day of_YL -,A , 2007. ATTEST: DWIGHT:'E. BROCK, Clerk Deputy Clerk Attest as.•to;phairs" s tigpl4l J. Approved as to form and legal sufficiency: / ^1 Jeff 4. )&'right Assis nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA * ** 4095650 OR: 4303 PG: 0009 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15/2007 at 11:41AK DWIGHT B. BROCK, CLERK RBC FEB 10.00 This instrument prepared by: COPIES 1.00 Jeff E. Wright Retn: Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 213 INTEROFFICE 4TH FLOOR EKT 7240 (239) -2939 6 A 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 7`h Street North Immokalee, Florida Folio No.: 52651400007 Payment: $121.05 Reference: 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 12)_ day of_YL -,A , 2007. ATTEST: DWIGHT:'E. BROCK, Clerk Deputy Clerk Attest as.•to;phairs" s tigpl4l J. Approved as to form and legal sufficiency: / ^1 Jeff 4. )&'right Assis nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 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 O.R. Book 4215, Pages 4132 -33, 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 Barbara Long, has been discharged in full: Barbara Long 3190 Walker Lane Naples, Florida Folio No.: 61842600005 Payment: $2,550.00 Reference: 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: AWf014T E. BROCK, Clerk Rnx Attest =: " a: ;, %Clerk S t Si�i+dY'SK � a.�8 Approved as to form and legah tciency: Jeff ri t Assist Nut County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ice• �,.i� /�/ * ** 4095851 OR: 4303 PG: 0010 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15/2007 at 11:41AR DNIOHT B. BROCK, CLERK ROC FBB 10.00 This instrument prepared by: COPIES 1.00 Jeff E. Wright Retn: Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR (239) 213 -2939 BIT 7240 6 A 9 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 6, 2007, a certified copy of which was recorded on April 19, 2007, in O.R. Book 4215, Pages 4132 -33, 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 Barbara Long, has been discharged in full: Barbara Long 3190 Walker Lane Naples, Florida Folio No.: 61842600005 Payment: $2,550.00 Reference: 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: AWf014T E. BROCK, Clerk Rnx Attest =: " a: ;, %Clerk S t Si�i+dY'SK � a.�8 Approved as to form and legah tciency: Jeff ri t Assist Nut County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ice• �,.i� /�/ This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 **' 4095852 OR; 4303 PG; 0011 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15/2001 at 11:41AN DWIGHT E. BROCK, CLERK RBC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EKT R40 RELEASE AND SATISFACTION OF LIEN 1 6 A 9 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.: 63865840002 Payment: $118.90 Reference: 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 Deputy Clerk Approved as to form and lega�ufficiency:^ Jeff'E Wright ASS tant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /p PRA y /�/ i 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.: 63865840002 Payment: $900.00 Reference: 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 j3 day of 2007. ATTEST.-! BOARD OF COUNTY COMMISSIONERS DWIGHTE. BROCK, Clerk COLLIER COUNTY, FLORIDA AttssC` "45 to Cafkit KC Ie rk J E S CO LETTA , CHAIRMAN S ignatortt'on] Approved as to form and legal >ifficiency: Jeff Fright Assis t County Attorney * ** 4095853 OR: 4303 PG: 0012 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15/2007 at 11:41AH DWIGHT B, BROCK, CLERK ROC FEE 10.00 This instrument prepared by: COPIES 1.00 Jeff E. Wright Retn: Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR (239) 213 -2939 BIT 7240 1 6 A C 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.: 63865840002 Payment: $900.00 Reference: 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 j3 day of 2007. ATTEST.-! BOARD OF COUNTY COMMISSIONERS DWIGHTE. BROCK, Clerk COLLIER COUNTY, FLORIDA AttssC` "45 to Cafkit KC Ie rk J E S CO LETTA , CHAIRMAN S ignatortt'on] Approved as to form and legal >ifficiency: Jeff Fright Assis t County Attorney * ** 4095854 OR; 4303 PG; 0013 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11%15/2007 at 11:41AN DWIGHT B. BROCK, CLERK ROC FEE 10.00 This instrument prepared by: Jeff E. Wright COPIES 1.00 RetR: Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROPFICS 4TH FLOOR (239) 213 -2939 BIT 7240 16 A 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.: 62411800002 Payment: $252.52 Reference: 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 1 - day of Q; ✓ 2007. ATTEST:,,,- DWIGHT E: BkiXK, Clerk At4st s t0 CMW lriiji S eputy Clerk s 1 gitat}►re, 001 Approved as to form and le ga tfficiency: J4E/Vvqight As V ant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J ES COLETTA, CH IRMAN 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 O.R. 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.: * ** 4095855 OR: 4303 PG: 0014 Reference: RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15/2001 at 11:41AW DWIGHT B. BROCK, CLERK ROC FEE 10.00 This instrument prepared by: COPIES 1.00 Jeff E. Wright Retn: Assistant County Attorney CLERK TO THE BOARD 2800 N. Horseshoe Drive, Ste 301 INTEROFFICE 4TH FLOOR Naples, Florida 34104 1 (239) 213 -2939 BET 1240 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 O.R. 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.: 81271080001 Payment: $248.40 Reference: 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 j 3_ day of 2007. ATTEST: DWI 'E; CROCK, Clerk Attest fl3. lop C9�8Y'lyiNep� Deputy Clerk sf�+4�tau�, �Eiga Approved as to form and legal 4fficiency: Jefi\E j WUght Asst ant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: _ JAIrAES COLETTA, CH IRMAN * ** 4095856 OR; 4303 PG; 0015 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15/2007 at 11:41AN DWIGHT B, BROCB, CLERK BBC FEE 10.00 This instrument prepared by: COPIES 1.00 Jeff E. Wright Assistant County Attorney Retn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR (239) 213 -2939 B %T 7240 1 b A 9 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.: 00081120006 Payment: $453.11 Reference: 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. Dated this _I day of s , 2007. ATTEST: DWIGHT E. BROCK,xC1lerrk \ BJ►f %� ��C�`� ��W t"t� Attast tY W CpalrQii114' Clerk 41gnatu" 004 as to form and County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA wRe Z/ :. �� 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 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 County, 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.: 36000360002 Payment: $263.47 Reference: OSM Case No. 2007 - 030607 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 Steven T. Spaulding and Doreen Spaulding, and consents to this lien being discharged of record. Dated this - 1 72, day of L, J 2007. ATTEST:-', DWIGHT E. BR®CK; Clerk L4::>rMp�uV Clerk signs uPS 014 Approved as to form and legal efficiency: Jeff V. �rrijht Assi t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: AMES COLETTA, CKA—TRMAN * ** 4095851 OR: 4303 PG: 0016 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15/2007 at 11:41AM DWIGHT B. BROCK, CLERK REC FEB 10.00 This instrument prepared by: COPIES 1.00 Jeff E. Wright Retn: Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR (239) 213 -2939 BIT 7240 1 6 A 9 j 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 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 County, 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.: 36000360002 Payment: $263.47 Reference: OSM Case No. 2007 - 030607 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 Steven T. Spaulding and Doreen Spaulding, and consents to this lien being discharged of record. Dated this - 1 72, day of L, J 2007. ATTEST:-', DWIGHT E. BR®CK; Clerk L4::>rMp�uV Clerk signs uPS 014 Approved as to form and legal efficiency: Jeff V. �rrijht Assi t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: AMES COLETTA, CKA—TRMAN * ** 4095858 OR; 4303 PG; 0017 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15/2007 at 11:41AN DWIGHT B. BROCK, CLERK RBC FEE 10.00 This instrument prepared by: COPIES 1.00 Jeff E. Wright Assistant County Attorney Retn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR 16 u (239) 213 -2939 BET 7240 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 O.R. 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.: 71782160006 Cost: $1,388.05 Reference: 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 I _, day of 2007. ATTEST: DWIGHT E'.BROCK, Clerk Deputy Clerk Approved as to form and legal So£ficiency: / , c dA Jeff E\ Vyriglilt Assist County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Z 4�1 �� jAklts COLETTA, CH IRMAN * ** 4095859 OR: 4303 PG: 0018 *'* RECORDED in OFFICIAL RECORDS of COLLIBR COUNTY, FL 11 /15 /2007 at 11:41AM DWIGHT B. BROCK, CLERK This instrument prepared by: ROC FOE 10, 00 Jeff E. Wright COPIES 1.00 Assistant County Attorney Retn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR A (239) 213 -2939 B %T 7240 A 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 O.R. 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.: 75760960004 Cost: $478.45 Reference: 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 13 day of 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E BROOK, Clerk COLLIER COUNTY, FLORIDA y. t�1� t By: Nttes't " to Clerk JA S COLET A, CH R AN si ure oat" Approved as to form and legal sufficiency: Jeff " .right Assistant County Attorney * ** 4095860 OR: 4303 PG: 0019 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15/2007 at 11:41AK DWIGHT E. BROCK, CLERK This instrument prepared by: ROC FEB 10, 00 Jeff E. Wright COPIES 1.00 Assistant County Attorney Retn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD % Naples, Florida 34104 INTBROFFICB 4TH FLOOR 16 (239) 213 -2939 EKT 7240 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.: 00104440003 Cost: $349.29 Reference: 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 I '� day of 2007. a, '`ATTEST: DWIGHT E. BROCcK,,( Clerk � Y� Attest as to ChalrtiinuSyClerk signature onlo Approved as to form and legal sufficiency: Jeff IV. Vjritht AssigWt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: A AESCOLETTA., CHAIRMAN * ** 4095861 OR: 4303 PG: 0020 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11;15/2007 at 11:41AN DWIGHT E. BROCK, CLERK ROC FEB 10.00 This instrument prepared by: COPIEB 1.00 Jeff E. Wright Assistant County Attorney R2tn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD p Naples, Florida 34104 INTEROFFICE 4TH FLOOR l't (239) 213 -2939 EKT 1240 , 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.: 35830040001 Cost: $6,000 Reference: 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 I __� day of 2007. ATTEST -.11.1 DWIGHT E. BROCK, Clerk Deputy Clerk Attest As to Chaire" sfgnaturr. tall• Approved as to form and legal sufficiency: JeV V. Wright As ' tant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ;Z JAMES COLETTA, CH MAN 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. 54550360000 Cost: $343.19 Reference: 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. Dated this - i �, day of 2007. ATTEST: DWIGHT )y: BRO K, Clerk Attest As to ,Ch4] signature O IN Approved as to form and legal sufficiency: f Je E. Phght AssfWnt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 4.1,4';. — - CffA-IRMAN **1 4095862 OR; 4303 PG; 0021 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15)2007 at 11:41AN DWIGHT E. BROCK, CLERK REC FEE 10.00 This instrument prepared by: COPIES 1.00 Jeff E. Wright Retn: Assistant County Attorney CLERK TO THE BOARD 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 213 INTEROFFICE 4TH FLOOR B %T 7240 1 6 V (239) -2939 �5 33 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. 54550360000 Cost: $343.19 Reference: 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. Dated this - i �, day of 2007. ATTEST: DWIGHT )y: BRO K, Clerk Attest As to ,Ch4] signature O IN Approved as to form and legal sufficiency: f Je E. Phght AssfWnt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 4.1,4';. — - CffA-IRMAN * ** 4095863 OR: 4303 PG: 0022 RBCORDHD in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15/2007 at 11:41AM DWIGHT E. BROCK, CLERK This instrument prepared by: ROC SB 10.00 Jeff E. Wright COPIEES 1.00 Assistant County Attorney Retn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR A (239) 213 -2939 BIT 7240 (Jj 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.: 39836240005 Cost: $544.51 Reference: 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 _ I day of 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E: BROCK, Clerk COLLIER COUNTY, FLORIDA ' By: c -Ruty Clerk MAN Approved as toCfrm and Ieg sufficient J right As Vstant County Attorney * ** 4095864 OR: 4303 PG: 0023 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15/2007 at 11:41AR DWIGHT B. BROCK, CLERK This instrument prepared by: ROC FEE 10.00 Jeff E. Wright COPIES 1.00 Assistant County Attorney Retn: 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR (239) 213 -2939 BIT 7240 RELEASE AND SATISFACTION OF LIEN 999��' 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 41" Avenue N.W. Naples, Florida Folio No.: 39492680009 Cost: $1025.60 combined total amount Reference: 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 - / 3 — day of yl - 2007. ATTEST: DWIGHT E; BROCK, Clerk Attest }s "t i •old i rd a uty Clerk s l ix44tV --1 O'c" I i Approved as to form and legal sufficiency: n. Jeff V. fright Assi t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA R 011F * ** 4095865 OR: 4303 PG: 0024 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15/2007 at 11:41AM DWIGHT E. BROCK, CLERK This instrument prepared by: REC FEE 10.00 Jeff E. Wright COPIES 1.00 Assistant County Attorney Retn: 2900 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 INTEROFFICE 4TH FLOOR (239) 213 -2939 BKT 7240 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 1, 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 681h Avenue NE Naples, Florida Folio No.: 38904960001 Cost: $4,000 Reference: 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 1 3 day of , 2007- ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA y. v� — By- Deputy Clerk J S CO AN 'Attest as ,to CAalrman s S�QSt7Pj`dJ!"r Cr,r Approved "aS to form and legal sufficiency: Jef E. ri ht Asst t t County Attorney 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 1, 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 425166 1h Avenue NE Naples, Florida Folio No.: 38904880000 Cost: $4,000 Reference: 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA `.Attsst $3 Deputy Clerk AME ;` IRMAN fic' Chi s Approved as to form and legal sufficiency: - A__�j 4 Je E. r ht Assl§tdnt County Attorney * ** 4095866 OR: 4303 PG: 0025 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/15/2001 at 11:41AN DWIGHT B. BROCK, CLERK ROC FEE 10.00 This instrument prepared by: COPIES 1.00 Jeff E. Wright Retn: Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 CLERK TO THE BOARD Naples, Florida 34104 (239) 213 -2939 INTEROFFICE 4TH FLOOR EKT 1240 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 1, 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 425166 1h Avenue NE Naples, Florida Folio No.: 38904880000 Cost: $4,000 Reference: 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA `.Attsst $3 Deputy Clerk AME ;` IRMAN fic' Chi s Approved as to form and legal sufficiency: - A__�j 4 Je E. r ht Assl§tdnt County Attorney ORTO A OMPANY ALL ORIGINAL DOCUMENTS ENT TO LIP i THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed muting slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the ..r .h Ch_:...,. nlg j atUre a . r,..a th. ah —tinu iiep< tl1 rhmuoh 04. c.lete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 1. molvderye ark ODES Initial '// o 2. �) _ 12 _ b r7 ✓ / Agenda Item Number ! co p I O A roved b the BCC 3. Type of Document 4. Number of Original Attached f t a,4 f 0Y1 5. Sue Filson, Executive Manager Board of County Commissioners contracts, agreements, etc. that have been fully executed by all parties except the BCC 6. s Chairman and Clerk to the Board and possibly State Officials. PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item Name of Primary Staff Am Pa tf'e,� son Phone Number (o5a —S �2r Contact appropriate. Initial Alyplicablo Agenda Date Item was �) _ 12 _ b r7 ✓ / Agenda Item Number ! co p I O A roved b the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Nrtoeme4 Number of Original Attached f t a,4 f 0Y1 Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Fomu/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Alyplicablo 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, nQ resolutions, etc. signed by the County Attorney's Office and signature pages from /1 t contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parries except the BCC Chairman and the Clerk to the Board N 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 1 i 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on It 131 o (enter date) and all changes made during the meeting have been incorporated in the attached document. The AP County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Fomu/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16A10 MEMORANDUM Date: November 15, 2007 To: Amy Patterson Impact Fee Manager From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Subordination Agreement Enclosed please find (1) Original Copy of the above mentioned document (Agenda Item #16A10) as referenced above, which was approved by the Board of County Commissioners on Tuesday, November 13, 2007. Please forward a recorded copy to the Minutes and Records Department for the Official Record. If you have any questions, please call me at 252 -8411. Thank you. Enclosure 16 SUBORDINATION ACKNOWLEDGEMENT This Subordination Acknowledgement ( "Acknowledgement "), executed this 130 day of N OVCWub2 , 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 O.R. 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: 1. 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. .16A1p 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,B 1r ROCK, CLERK , Attitst *4t L!i CMttK Clerk il9patYC'f .m'1R` Appr ed t and legalif i r Chief ,Vssistant (County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i� • "o'er:`. 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 plat thereof recorded in Plat Book 43, pages 76 -77, in the Office of the Clerk of the Circuit Court, Collier County, Florida Page 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to onginal document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Boani has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or infno ration needed. If the document is already complete with the exception of the Chainnan's denature, draw a line through routine Imes It thr,muh 44 emmpl,t, the,hC,VNd 1—i f? ,,, Q r'il , I;__ I., Route to Addressee(s) List in routing order) Office Initials Date Hat l 4,Ln— l J c J (Initial) 2. ��—� 3 -0 % Agenda Item Number �� { �✓ 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. by the Office of the County Attorney. ']'his includes signature pages from ordinances, Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval_ Normally the prmary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the Item.) Name of Primary Staff 11 ' .,may *- --`�•Y Phone Number 25Z. Contact appropriate. (Initial) - 2,3 is' Agenda Date Item was ��—� 3 -0 % Agenda Item Number �� { �✓ Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document by the Office of the County Attorney. ']'his includes signature pages from ordinances, Number of Original Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS Rc CFIFCKIdRT 1: Forms/ County Fortes/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 224.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. ']'his includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board m 3. The Chairman's signature Tine date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. `Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. /h 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC; office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain —J `/yx° - time frame or the BCC's actions are nullified. Be aware of our deadlines! UU 6. The document was approved by the BCC onZI -13 -off (enter date) and all changes N/A is not made during the meeting have been incorporated in the attached document.'The Iq an option for County Attorney's Office has reviewed the changes, if applicable. line 6. 1: Forms/ County Fortes/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 224.05 16Al2 EASEMENT USE AGREEMENT This Easement Use Agreement (The "Agreement ") is made as of this day of ' 2007, by and between IRVINE L. DUBOW (hereinafter "Mr. Dubow "), o o and COLLIER COUNTY (hereinafter "County "). m m 0 WHEREAS, Mr. Dubow is the current fee owner of that certain real property known as Sonoma Lake Unit One, Lot 26, as recorded in the Official Records Book 1529 Page 1301, and b according to the Plat thereof as recorded in Plat Book 16, Pages 13 and 14, of the Public Records E of Collier County, Florida (hereinafter the "Subject Property "); and WHEREAS, as set forth in Plat Book 16, Page 14, there is a 10 foot Drainage Easement ; o held by Collier County which burdens the easternmost 10 feet of the of the Subject Property W (hereinafter the "Easement "); and o w s+ lD 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 o w existing drainage equipment, and would partially encumber the Easement; and a p z" x WHEREAS, the County has no objection to the construction of the screened proposed ,A enclosure home addition partially within its Easement, provided that Mr. Dubow agrees to the y o terms and conditions set forth below, which terms and conditions Mr. Dubow agrees to abide by. �o b G'I NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: CX> 1. The above recitals are true and correct and are incorporated herein. o� 2. Mr. Dubow will give the County whatever access the County requires to maintain the existing drainage equipment. N 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 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 Mr. Dubow will do at his sole cost and expense within a reasonable time from receipt of such request. County. Florida. m Mr. [ubx`u/'t� sole vostm10cup«u»o.Thi^/\g,cmnuemt6 intended /u bind the parties, together with their rcspectivc successors, as"Mells dild heirs. lNVYlTNE&S W|lDRf0F, the pw/ic!jhvrovohavr*x"u1cJ16is�/\&,o*nu*n/uuo[dcdu* first above �Nfittcm test S Si9p4 e* Witiless (migillturel � Print Naaie: /.4/ PriTlt Name: 'S1&TE0FFLORIDA CUnNlT0fCOLLIER BOARD OF COIJNTY (_'QMvIlSSIQNERS (;it tile Tbr6*rogoioeAccess, Maintenance. and Hold Hxnnkmo'\ / was acknowledged hx6.,on"r` the nude�roigurduu/hrrity.00 ot' .2007�hylrvinc 1),/bov,*1a`( )i;personoDykuow, (/lpr°UoouV /as i i 11. " %Jy Commission mxpov'� Cli fbim and let�,d suffi6mnc� - Notary Public A Flonda Jul 2!1 20,�r_j OCT 30,2007 16:20 page 2 �� E� r� ^� ~- .W SKETCH 0 SURVEY ncu_ex4r��ari��cn€enme Uf 3 OM {npxf 1, A sVBI'd'14:N1 eQrs,:' 1,) AfMW" AOM IAMM NAM f0 INC UMIEFON[ IV At MAMN OWV{ AS Olon T. 41"019• {. i.l IIRd POMCRTV IS MACT TO CAS €UCRTS, RCNEOVn ➢M9 ON AFTPMNUNT OF N[CORO l) aN{If, .0 SXM.N wNfIr1 of N mr 'No OFCYNS 'NMo" 4) 1{u6 PROMTY IS IN AN AMA Of NO vcaAt ROOD NAFAOD. !.1 AA" 0 .Wv ONtR (.AN IIgY L1. INK NOI NF{N LMArtp 0) 1FOAt J(SCAIU,M1D11 TOMnIN BY WIN, rRRCT44 Gal / /}�V /tP0 Exhibit A 16 A 1 2) a f0�• LEgEND tALL � [WlO t%1(pt4 xMyV {Xt R0. p fNYO t/p rqM nW AFx,{ w IDUxe .n• xwl nW t.PAO. C b � / ^,q f.8d1'lum- 7L r0 OA ETV .11's NO. 9F1 PAIC W SIRx {Y' MOI. 30. DW6 NOT MO MTiwpl 06 9CNATORr NIP OIS OW)"Al RNUO 1qµ 0' " no..A [NYN9t0 SUPKYOR AXO uMp[P. DUBOW PURPOSE r1� F ^� Y r..� CIO U6 Nr Nr �E Vp/M1:1gfN�M IT YNM xL[ Nq yry Y nYL 'IF xtr r {rw•NNr aRlm\rNnr fi" 11[MAY{Ja�J IN ,.xo wnxnm P`� nAl Nt V1411T [NJKxI At GI. nn,nl0[ YAVxUI[ tar FaaX{ USMn., ML xAAl{nN.K G1fl¢x` Ww x{81 r1nn[my 4YHVi au :-n n rtNilrt cN • uxo�l M x9t p,,( 10r P x41X „C xte o- X arno Yt' frrvnV01 �N ON Rt eJA.nnd.• 4N1WA40 .W SKETCH 0 SURVEY ncu_ex4r��ari��cn€enme Uf 3 OM {npxf 1, A sVBI'd'14:N1 eQrs,:' 1,) AfMW" AOM IAMM NAM f0 INC UMIEFON[ IV At MAMN OWV{ AS Olon T. 41"019• {. i.l IIRd POMCRTV IS MACT TO CAS €UCRTS, RCNEOVn ➢M9 ON AFTPMNUNT OF N[CORO l) aN{If, .0 SXM.N wNfIr1 of N mr 'No OFCYNS 'NMo" 4) 1{u6 PROMTY IS IN AN AMA Of NO vcaAt ROOD NAFAOD. !.1 AA" 0 .Wv ONtR (.AN IIgY L1. INK NOI NF{N LMArtp 0) 1FOAt J(SCAIU,M1D11 TOMnIN BY WIN, rRRCT44 Gal / /}�V /tP0 Exhibit A 16 A 1 2) a f0�• LEgEND tALL � [WlO t%1(pt4 xMyV {Xt R0. p fNYO t/p rqM nW AFx,{ w IDUxe .n• xwl nW t.PAO. C b � / ^,q f.8d1'lum- 7L r0 OA ETV .11's NO. 9F1 PAIC W SIRx {Y' MOI. 30. DW6 NOT MO MTiwpl 06 9CNATORr NIP OIS OW)"Al RNUO 1qµ 0' " no..A [NYN9t0 SUPKYOR AXO uMp[P. DUBOW PURPOSE r1� F ^� Y r..� CIO U6 Nr Nr �E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date I. Annia Ortega Phone Number 252 -8419 2. Original document has been signed /initialed for legal sufficiency. (All documents to be AO 3. 11/13/07 Agenda Item Number 1683 4. Resolution 8 FDOT Number of Original 4 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Yes N/A (Not Contact Annia Ortega Phone Number 252 -8419 Agenda Date Item was Original document has been signed /initialed for legal sufficiency. (All documents to be AO A roved b the BCC 11/13/07 Agenda Item Number 1683 Type of Document Resolution 8 FDOT Number of Original 4 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be AO signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board �yL/ 3. The Chairman's signature line date has been entered as the date of BCC approval of the AO document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's AQ„ signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip AO should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. .� Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes A made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2007 -310 RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE AMENDMENT NUMBER 1 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 Chairman of the Board of County 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 modernize the communication infrastructure of the Computerized Signal System. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that 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 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," 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. This Resolution shall take effective immediately upon adoption. b3 THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring the same this T--V' day of lUl O mber , 2007. ATTEST: C IS�IONkKS: T 1C ►erk �B AttasQejVgJlgalrW t signature 061 Approv as to form and lffi�ncy, Scott Teach Assistant Collier County Attorney BOARD OF COUNTY COLLIER COIJWTY, FL3ORIU A , •. • 39 rn�il�l�LA�V�Ra]i��i"fii' Item # L � Agenda I I3 GBIi' � Z °.nom d 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 H OF THE COLLIER COUNTY COMPUTERIZED SIGNAL SYSTEM CHAIRPERSON BOARD OF COUNTY COMMISSIONERS As of COLLIER COUNTY, FLORIDA 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 7HE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR CONSTRUC770N, CEI, AND POST DESIGN SERVICES FOR PHASE II OF 7HE 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, CEI and post design services for improvements to Phase II 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 of funding 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 down as follows: Construction $3,645,456.00, CEI Services $656,333.00, and Post Design Services $551,244.00. FM #195403 -2- 38/58/68 -01 FIRST AMENDMENT TO JPA WITH COLLIER COUNTY Page 2 of 2 IN WITNESS WHEREOF, the COLLIER COUNTY has caused this Agreement to be executed in its behalf, by the Chairman or its designee, as authorized by Resolution # 2003 -412, and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee. This Amendment shall become effective on: Date to be entered by the Dqm tmnt COLLIER COUNTY, FLORIDA 1Y,J(/-c -? I'` a CtEft . (SEAL) I� tY DATE Attsst' w u Q1NlPwm SS t1944tur1 M1 I, ATTEST ow , ,�i K 11 so s. -- PRINT ff'L'.J �O 1p DAI�� /07— COLLIE LINTY LEG W: BY .Gw.� ) AT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EXECUTIVE SECRETARY (SEAL) PRINT NAME DATE M DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE PRINT NAME DATE FLA. DEPT. OF TRANS. LEGAL REVIEW: BY: DATE ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routin order) Office Initials Date 1. 11/13/07 Agenda Item Number 1683 2. Resolution & FDOT Number of Original 4 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed Documents Attached 4. by the Office of the County Attorney. This includes signature pages from ordinances, 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Annia Ortega Phone Number 252 -8419 Agenda Date Item was A roved b the was 11/13/07 Agenda Item Number 1683 Type of Document Resolution & FDOT Number of Original 4 Attached signed by the Chairman, with the exception of most letters, must be reviewed and signed Documents Attached INSTRUCTIONS & CHECKLIST L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Original document has been signed /initialed for legal sufficiency. (All documents to be q0 signed by the Chairman, with the exception of most letters, must be reviewed and signed YJI /C•J1 by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board jyf� 3. The Chairman's signature line date has been entered as the date of BCC approval of the AO document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re uired. nL / 5. In most cases (some contracts are an exception), the original document and this routing slip AO should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes AID,-, made during the meeting have been incorporated in the attached document. The e211L6fy/ County Attorney's Office has reviewed the changes, if applicable. L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1683 MEMORANDUM Date: February 20, 2008 To: Annia Ortega, Administrative Assistant Transportation /Traffic Operations From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agenda Item #16B3 Resolution & FDOT Agreement Enclosed for your records, please find an original of the document referenced above, Agenda Item #16B3 which was adopted/approved by the Collier County Board of County Commissioners on Tuesday, November 13, 2007. Please forward to the appropriate parties for signatures and return a fully executed original to the Minutes and Records Department for Recording. If you should have any questions, please feel free to contact me at 252 -8406. Thank you. Enclosures RESOLUTION NO. 2007 -310 163 RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE AMENDMENT NUMBER 1 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 Chairman of the Board of County 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 modernize the communication infrastructure of the Computerized Signal System. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that 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 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," 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. This Resolution shall take effective immediately upon adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring1b 8 3 1 it same this day of ATTEST: COMMISSIONERS DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Scott Teach Assistant Collier County Attorney 2007. BOARD OF COUNTY COLLIER COUNTY, FLORIDA I= JAMES COLETTA, Chairman h�'LL4 i p 683 Florida Department of Transportation CHARLIE CRIST GOVERNOR February 7, 2008 Ms. Annia M. Ortega Administrative Assistant 2885 Horseshoe Drive South Naples, Florida 34104 Re: Amendment to agreement for: FM# 195403 -2 38/58/68 01 Dear Ms. Ortega: STEPHANIE C. KOPELOOSOS SECRETARY Enclosed is one (1) fully executed Amendment for your records on above referenced project. if you have any questions, please feel free to contact me at (239) 461 -4300. Sincerely, A. Miracola t LFA /JPA Coordinator Enclosure Cc: Bob Tipton, Project Manager Chris R. Birosak, Project Manager District One, Southwest Area Office 2295 Victoria Avenue * Post Office Box 1030 * Fort Myers, FL 33902 -1030 (239) 461 -4300 * (239) 338 -2353 (Fax) * MS 1 -98 www.dot.state.fl.us 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 H OF THE COLLIER COUNTY COMPUTERIZED SIGNAL SYSTEM CHAIRPERSON BOARD OF COUNTY COMMISSIONERS As of COLLIER COUNTY, FLORIDA 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 PRnIF,CT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMF_'NT OF TRANSPORTATION AND COLLIER COUNTY FOR CONSTRUCTION, CFI, AND POST DESIGN SERVICES FOR PHASE II OF THE COLLIER COUNTY COMPUT1,.RIZJF,D 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, CEI and post design services for improvements to Phase II 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 of funding 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 down as follows: Construction $3,645,456.00, CEI Services $656,333.00, and Post Design Services $551,244.00. 16B3 FM #195403 -2- 38158/68 -01 FIRST AMENDMENT TO JPA WITH COLLIER COUNTY Page 2 of 2 IN WITNESS WHEREOF, the COLLIER COUNTY has caused this Agreement to be executed in its behalf, by the Chairman or its designee, as authorized by Resolution # 2003412, and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through ' istrict Secretary or authorized designee. This Amendment shall become effective on: '-:f5" ?66P Date N b- �d by the Depwiment COLLIER COUNTY, FLORIDA A T S { DATE At4" It. A ;,.LO'.Cli�ir�an w signikarcon r1 RE J�Z�S �6LnflQ ii /i3 /a 7 PRINTNAME DATE COLL ZIN " Y LEC' L I1iW: BY: 7L. 11 3 % % DATE STATE OF FLORIDA DEPARTMENT TRANSPORTATION ATTEST EXECUTIVE SECRETARY (SEAL) DISTRICT SECRETARY OR DESIGNEE ftta/�' C�cr fl yti' 5 Ll PRINT NAME DATE: DISTRICT ONE PRIM f NAME DATE F1,A. DEPT.,OF TRANS. 1,EGAI, REVIEW: BY' III' a r i 11 Resolution 2007 -310 & JPA with FDOT Page 2 of 3 To: TeachScott; ConverySheila; KlatzkowJeff 311 9 Cc: 'Patricia L. Morgan'; 'Ann P. Jennejohn' Subject: RE: Resolution 2007 -310 & IPA with FDOT Scott, These were all signed and stamped and included in the package to FDOT. I personally walked them over to Bldg F after you signed them. I was told that everything was recorded with the exception of the agreement itself because it need FDOTs signature. I will follow up with FDOT. Also the block that references Commissioner Dwight E. Brock is an error in justification the tab was deleted. That can be easily corrected. I have left a message with FDOT to contact me in order to return the original resolutions. I will keep you posted. Annia Ortega Administrative Assistant Collier County Traffic Operations 2885 S. Horseshoe Dr. Naples, FL 34104 Tel: 239 - 252 -8419 Fax: 239 -530 -6585 Email: anniaortega @colliergov, net From: TeachScott Sent: Wednesday, February 13, 2008 8:51 AM To: ConverySheila; KlatzkowJeff; OrtegaAnnia Cc: Patricia L. Morgan; 'Ann P. Jennejohn' Subject: RE: Resolution 2007 -310 & JPA with FDOT Jeff, I'll look into. Annie and Sheila, We have had a few issues recently with items not coming back from FDOT or having to re- execute Resolutions previously signed off by me and provided to you for routing and recording that have "disappeared." Please let me know what the issue may be, if any. Also, I would appreciate your assistance in tracking down this Resolution. To the extent that it is unsigned and has incorrect or missing information, please provide me with a copy. We need to make certain that all required signature blocks are on the Resolution -- if they are missing, I generally have my secretary type those in and /or stamp them on the Resolutions prior to my signing. Please advise at your earliest convenience and let's correct this situation. I suppose it's possible that the documents sent for recording may have been something that FOOT returned without our having the opportunity to review. Don't hesitate to forward all such documents to my attention so that my assistant and I can review and we will forward to the Clerk for recording. 2/18/2008 Resolution 2007 -310 & JPA with FDOT Scott R. Teach Managing Assistant County Attorney Collier County, Florida Tel: (239) 774 -8400 Fax: (239) 774-0225 From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Tuesday, February 12, 2008 4:11 PM To: ConverySheila; KlatzkowJeff Cc: OrtegaAnnia; Patricia L. Morgan; TeachScott Subject: Resolution 2007 -310 & JPA with FDOT Good Afternoon, � • i We just received executed Amendment to Agreement FM #195403 -2 38/58/68 01 in our office. This was adopted by Resolution & approved by the BCC on 11- 13 -07. Page 3 of 3 We received a Resolution with no signatures on it with a post -it note on it asking us to record (in official records I assume) the agreement and Resolution. Also, whether it is relevant or not, it appears the second page of the agreement references the wrong Resolution: 2003 -412 vs. what I think it should be Resolution 2007- 310. Please let me know how you would like me to finish processing this amendment for $4.8 million which went into effect last Tuesday. Also, the attestation block references Commissioner Dwight E. Brock; don't think the BCC will go for that one. Thank you, Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann. jennejohn @collierclerk.com) 2/18/2008 Resolution 2007 -310 & JPA with FDOT Scott, I have the revised resolution and FDOT agreement for your signature. Can you tell me when is a good time for me to stop by for your signature? Thanks Annia Ortega Administrative Assistant Collier County Traffic Operations 2885 S. Horseshoe Dr. Naples, FL 34104 Tel: 239 - 252 -8419 Fax: 239 -530 -6585 Email: anniaortega @col_liergov.net From: TeachScott Sent: Wednesday, February 13, 2008 9:25 AM To: OrtegaAnnia; ConverySheila; KlatzkowJeff Cc: 'Patricia L. Morgan'; 'Ann P. Jennejohn' Subject: RE: Resolution 2007 -310 & JPA with FDOT Annia, Thank you for reviewing this matter and following up with FDOT. I know that FDOT generally will not sign off on such agreements until the County does first. After we sign, we send them to FDOT for signature and then route the fully executed documents through minutes and records. Please follow up with me after you confer with FDOT and prior to bringing to Ms. Jennejohn for recording. Thank you. Scott R. Teach Managing Assistant County Attorney Collier County, Florida Tel: (239) 774 -8400 Fax: (239) 774 -0225 From: OrtegaAnnia Sent: Wednesday, February 13, 2008 9:00 AM To: TeachScott; ConverySheila; KlatzkowJeff Cc: 'Patricia L. Morgan'; 'Ann P. Jennejohn' Subject: RE: Resolution 2007 -310 & JPA with FDOT Scott, 2/18/2008 Resolution 2007 -310 Ann P. Jennejohn From: OrtegaAnnia [AnniaOrtega @colliergov.net] Sent: Wednesday, February 13, 2008 10:00 AM To: Ann P. Jennejohn; TeachScott; ConverySheila Cc: Patricia L. Morgan Subject: RE: Resolution 2007 -310 Attachments: JPA FM 195403 -2 -38 58 68- 01.pdf Ann Page 1 of 1 1693 Here are copies of the signed Resolution I scanned prior to sending it to FDOT for signature. Annia Ortega Administrative Assistant Collier County Traffic Operations 2885 S. Horseshoe Dr. Naples, FL 34104 Tel: 239- 252 -8419 Fax: 239 -530 -6585 Email: anniaortega @colliergov.net From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Wednesday, February 13, 2008 9:49 AM To: TeachScott; ConverySheila Cc: OrtegaAnnia; Patricia L. Morgan Subject: Resolution 2007 -310 <<Resolution 2007- 310.tif>> This is what we received in our office yesterday. No signatures, and a sticky -note. We do have a copy of a Resolution on file (rec. 1/22/08), but we need an original for the BCC's permanent record. Please look at page 2 of the agreement and verify the Resolution number. Should it be 2007 -310? Also, the sticky -note instructed us to record this. Is it to be attested or recorded? If it needs to be recorded ( OR Book & Page #) we will need a cost center #. Thank you for your help, Scott. Ann 2/18/2008 Resolution 2007 -310 & JPA with FDOT Page] of 3 Ann P. Jennejohn 16 P 3 From: OrtegaAnnia [AnniaOrtega @coiliergov.net] Sent: Wednesday, February 13, 2008 9:32 AM To: TeachScott; ConverySheila; Klatzkow, Jeff Cc: Patricia L. Morgan; Ann P. Jennejohn Subject: RE: Resolution 2007 -310 & JPA with FDOT Scott, They will be mailed to me today. I will notify you once I receive them. Annia Ortega Administrative Assistant Collier County Traffic Operations 2885 S. Horseshoe Dr. Naples, FL 34104 Tel: 239- 252 -8419 Fax: 239 -530 -6585 Email: anniaortega @colliergov.net From: TeachScott Sent: Wednesday, February 13, 2008 9:25 AM To: OrtegaAnnia; ConverySheila; KlatzkowJeff Cc: 'Patricia L. Morgan'; 'Ann P. Jennejohn' Subject: RE: Resolution 2007 -310 & JPA with FDOT Annia, Thank you for reviewing this matter and following up with FDOT. I know that FDOT generally will not sign off on such agreements until the County does first. After we sign, we send them to FDOT for signature and then route the fully executed documents through minutes and records. Please follow up with me after you confer with FDOT and prior to bringing to Ms. Jennejohn for recording. Thank you. Scott R. Teach Managing Assistant County Attorney Collier County, Florida Tel: (239) 774 -8400 Fax: (239) 774 -0225 From: OrtegaAnnia Sent: Wednesday, February 13, 2008 9:00 AM 2/18/2008 Resolution 2007 -310 & JPA with FDOT 1683 Ann P. Jennejohn From: OrtegaAnnia [AnniaOrtega @colliergov.net] Sent: Wednesday, February 13, 2008 9:00 AM To: TeachScott; ConverySheila; Klatzkow, Jeff Cc: Patricia L. Morgan; Ann P. Jennejohn Subject: RE: Resolution 2007 -310 & JPA with FDOT Scott Page 1 of 2 These were all signed and stamped and included in the package to FDOT. I personally walked them over to Bldg F after you signed them. I was told that everything was recorded with the exception of the agreement itself because it need FDOT's signature. I will follow up with FDOT. Also the block that references Commissioner Dwight E. Brock is an error in justification the tab was deleted. That can be easily corrected. I have left a message with FDOT to contact me in order to return the original resolutions. I will keep you posted. Annia Ortega Administrative Assistant Collier County Traffic Operations 2885 S. Horseshoe Dr. Naples, FL 34104 Tel: 239 - 252 -8419 Fax: 239 -530 -6585 Email: anniaortega @colliergov.net From: TeachScott Sent: Wednesday, February 13, 2008 8:51 AM To: ConverySheila; KlatzkowJeff; OrtegaAnnia Cc: Patricia L. Morgan; 'Ann P. Jennejohn' Subject: RE: Resolution 2007 -310 & JPA with FDOT Jeff I'll look into. Annia and Sheila, We have had a few issues recently with items not coming back from FDOT or having to re- execute Resolutions previously signed off by me and provided to you for routing and recording that have "disappeared." Please let me know what the issue may be, if 2/18/2008 Resolution 2007 -310 & JPA with FDOT 16 R 3 Page 2 of 2 any. Also, I would appreciate your assistance in tracking down this Resolution. To the extent that it is unsigned and has incorrect or missing information, please provide me with a copy. We need to make certain that all required signature blocks are on the Resolution -- if they are missing, I generally have my secretary type those in and /or stamp them on the Resolutions prior to my signing. Please advise at your earliest convenience and let's correct this situation. I suppose it's possible that the documents sent for recording may have been something that FDOT returned without our having the opportunity to review. Don't hesitate to forward all such documents to my attention so that my assistant and I can review and we will forward to the Clerk for recording. Scott R. Teach Managing Assistant County Attorney Collier County, Florida Tel: (239) 774 -8400 Fax: (239) 774-0225 From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Tuesday, February 12, 2008 4:11 PM To: ConverySheila; Klatzkow]eff Cc: OrtegaAnnia; Patricia L. Morgan; TeachScott Subject: Resolution 2007 -310 & JPA with FDOT Good Afternoon, We just received executed Amendment to Agreement FM #195403 -2 38/58/68 01 in our office. This was adopted by Resolution & approved by the BCC on 11- 13 -07. We received a Resolution with no signatures on it with a post -it note on it asking us to record (in official records I assume) the agreement and Resolution. Also, whether it is relevant or not, it appears the second page of the agreement references the wrong Resolution: 2003 -412 vs. what I think it should be Resolution 2007- 310. Please let me know how you would like me to finish processing this amendment for $4.8 million which went into effect last Tuesday. Also, the attestation block references Commissioner Dwight E. Brock; don't think the BCC will go for that one. Thank you, Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann. jennejohn @collierclerk.com) 2/18/2008 Resolution 2007 -310 & JPA with FDOT Ann P. Jennejohn From: TeachScott [ScottTeach @colliergov.net] Sent: Wednesday, February 13, 2008 8:51 AM To: ConverySheila; Klatzkow, Jeff; OrtegaAnnia Cc: Patricia L. Morgan; Ann P. Jennejohn Subject: RE: Resolution 2007 -310 & JPA with FDOT Jeff, 11110501MV Annia and Sheila, 16 LP 3 Page 1 of 2 We have had a few issues recently with items not coming back from FDOT or having to re- execute Resolutions previously signed off by me and provided to you for routing and recording that have "disappeared." Please let me know what the issue may be, if any. Also, I would appreciate your assistance in tracking down this Resolution. To the extent that it is unsigned and has incorrect or missing information, please provide me with a copy. We need to make certain that all required signature blocks are on the Resolution -- if they are missing, I generally have my secretary type those in and /or stamp them on the Resolutions prior to my signing. Please advise at your earliest convenience and let's correct this situation. I suppose it's possible that the documents sent for recording may have been something that FDOT returned without our having the opportunity to review. Don't hesitate to forward all such documents to my attention so that my assistant and I can review and we will forward to the Clerk for recording. Scott R. Teach Managing Assistant County Attorney Collier County, Florida Tel: (239) 774 -8400 Fax: (239) 774 -0225 From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Tuesday, February 12, 2008 4:11 PM To: ConverySheila; KlatzkowJeff Cc: OrtegaAnnia; Patricia L. Morgan; TeachScott Subject: Resolution 2007 -310 & JPA with FDOT Good Afternoon, We just received executed Amendment to Agreement FM #195403 -2 38/58/68 01 in our office. This was adopted by Resolution & approved by the BCC on 11- 13 -07. We received a Resolution with no signatures on it with a post -it note on it asking us to record (in official records I assume) the agreement and Resolution. Also, whether it is relevant or not, it appears the second page of the agreement references the wrong Resolution: 2003 -412 vs. what I think it should be Resolution 2007- 310. 2/18/2008 Resolution 2007 -310 & JPA with FDOT Page 2 of 2 168.E Please let me know how you would like me to finish processing this amendment for $4.8 million which went into effect last Tuesday. Also, the attestation block references Commissioner Dwight E. Brock; don't think the BCC will go for that one. Thank you, Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 ( ann.jennejohn @collierclerk.com) 2/18/2008 Resolution 2007 -310 & JPA with FDOT Ann P. Jennejohn From: OrtegaAnnia [AnniaOrtega @colIiergov.net] Sent: Friday, February 15, 2008 10:08 AM To: TeachScott; ConverySheila; Klatzkow, Jeff Cc: Patricia L. Morgan; Ann P. Jennejohn Subject: RE: Resolution 2007 -310 & JPA with FDOT I will see you this afternoon and thank you! Annia Ortega Administrative Assistant Collier County Traffic Operations 2885 S. Horseshoe Dr. Naples, FL 34104 Tel: 239 - 252 -8419 Fax: 239 -530 -6585 Email: anniaortega@colliergov.net From: TeachScott Sent: Friday, February 15, 2008 10:07 AM To: OrtegaAnnia; ConverySheila; Klatzkow]eff Cc: 'Patricia L. Morgan'; 'Ann P. Jennejohn' Subject: RE: Resolution 2007 -310 & JPA with FDOT Annia, Page I of 4 1683 If you are available, I can come by your office sometime after 1:00 p.m. today. I have another errand in that area so stopping by is not an issue. Scott R. Teach Managing Assistant County Attorney Collier County, Florida Tel: (239) 774 -8400 Fax: (239) 774-0225 From: OrtegaAnnia Sent: Friday, February 15, 2008 10:03 AM To: TeachScott; ConverySheila; KlatzkowJeff Cc: 'Patricia L. Morgan'; 'Ann P. Jennejohn' Subject: RE: Resolution 2007 -310 & JPA with FDOT 2/18/2008 Resolution 2007 -310 & JPA with FDOT Page 3 of 4 1683 These were all signed and stamped and included in the package to FDOT. I personally walked them over to Bldg F after you signed them. I was told that everything was recorded with the exception of the agreement itself because it need FDOT's signature. I will follow up with FDOT. Also the block that references Commissioner Dwight E. Brock is an error in justification the tab was deleted. That can be easily corrected. I have left a message with FDOT to contact me in order to return the original resolutions. I will keep you posted. Annia Ortega Administrative Assistant Collier County Traffic Operations 2885 S. Horseshoe Dr. Naples, FL 34104 Tel: 239 - 252 -8419 Fax: 239 -530 -6585 Email: anniaortega @colliergov.net From: TeachScott Sent: Wednesday, February 13, 2008 8:51 AM To: ConverySheila; KlatzkowJeff; OrtegaAnnia Cc: Patricia L. Morgan; 'Ann P. Jennejohn' Subject: RE: Resolution 2007 -310 & JPA with FDOT Jeff I'll look into. Annia and Sheila, We have had a few issues recently with items not coming back from FDOT or having to re- execute Resolutions previously signed off by me and provided to you for routing and recording that have "disappeared." Please let me know what the issue may be, if any. Also, I would appreciate your assistance in tracking down this Resolution. To the extent that it is unsigned and has incorrect or missing information, please provide me with a copy. We need to make certain that all required signature blocks are on the Resolution -- if they are missing, I generally have my secretary type those in and /or stamp them on the Resolutions prior to my signing. Please advise at your earliest convenience and let's correct this situation. I suppose it's possible that the documents sent for recording may have been something that FDOT returned without our having the opportunity to review. Don't hesitate to forward all such documents to my attention so that my assistant and I can review and we will forward to the Clerk for recording. Scott R. Teach Managing Assistant County Attorney Collier County, Florida Tel: (239) 774 -8400 Fax: (239) 774 -0225 2/18/2008 Resolution 2007 -310 & JPA with FDOT 1683 From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Tuesday, February 12, 2008 4:11 PM To: ConverySheila; KlatzkowJeff Cc: OrtegaAnnia; Patricia L. Morgan; TeachScott Subject: Resolution 2007 -310 & IPA with FDOT Good Afternoon, We just received executed Amendment to Agreement FM #195403 -2 38/58/68 01 in our office. This was adopted by Resolution & approved by the BCC on 11- 13 -07. Page 4 of 4 We received a Resolution with no signatures on it with a post -it note on it asking us to record (in official records I assume) the agreement and Resolution. Also, whether it is relevant or not, it appears the second page of the agreement references the wrong Resolution: 2003 -412 vs. what I think it should be Resolution 2007- 310. Please let me know how you would like me to finish processing this amendment for $4.8 million which went into effect last Tuesday. Also, the attestation block references Commissioner Dwight E. Brock; don't think the BCC will go for that one. Thank you, Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann.jennejohn @col I ierclerk.com) 2/18/2008 ORIGINAL DOCUMENTS CHECKLIST & ROUTINGS % TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in muting order ) Office Initials Date 1. 11/13/2007 Agenda Item Number 16133 2. Original document has been signed/initialed for legal sufficiency. (All documents to be AO 3. Resolution & Agreement Number of Original 4 4. by the Office of the County Attorney. This includes signature pages from ordinances, Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed In the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Annia Ortega Phone Number 252 -8419 was Agenda Date Item was 11/13/2007 Agenda Item Number 16133 A roved by the Original document has been signed/initialed for legal sufficiency. (All documents to be AO Type of Document Resolution & Agreement Number of Original 4 Attached by the Office of the County Attorney. This includes signature pages from ordinances, Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Fortes/ BCC Forms/ Onginal Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able 1. Original document has been signed/initialed for legal sufficiency. (All documents to be AO signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's AO Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the AO document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's AO signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip AO should be provided to Sue Filson in the BCC office within 24 hours of 13CC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be *are of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes AO made during the meeting have been incorporat d in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Fortes/ BCC Forms/ Onginal Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 -eounty of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURT00USE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044!_ NAPLES, FLORIDA'�4101 -3044 April 2, 2008 Mr. Stan Cann Florida Department of Transportation 801 North Broadway Avenue Bartow, FL 33830 Dear Mr. Cann, • r Clerk of Courts Accountant Auditor Custodian of County Funds Enclosed is a certified copy of Collier County Resolution 2007 -310; which includes the fully executed First Amendment to the Joint Participation Agreement with the State of Florida and Collier County for construction, CEI and post design services for Phase II of the Collier County Computerized Signal System. If I can be of any other assistance, please do not hesitate to call me directly at: 239 - 252 -8406. Very truly yours, DWIGHT E. BROCK, CLERK Ann Jennej�, Sr. Deputy Clerk Enclosure Phone - (239)732 -2646 Fax - (239)775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk (a',clerk.collier.fl.us '-- 'tESOLUTION NO. 2007 -310 RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE AMENDMENT NUMBER 1 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 1693 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 Chairman of the Board of County 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 modernize the communication infrastructure of the Computerized Signal System. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that 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 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," 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. to 1693 THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring the same this /3f h day of Aki'frPhW 2007. p ATTEST': Approved as to form and le ufficioncy- S ott Teach Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO YXLDP BY: i JAMWCOLETTA, Chairman 0 w N b C] 7 O <O �E 1E 1663 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 It OF THE COLLIER COUNTY COMPUTERIZED SIGNAL SYSTEM CHAIRPERSON BOARD OF COUNTY COMMISSIONERS As of 3&1W COLLIER COUNTY. FLORIDA 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 lI OF THE COLLIER COUNTY COMP U`T'ERIZED 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, CEI and post design services for improvements to Phase II 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 of funding 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 down as follows: Construction $3,645,456.00, CEI Services $656,333.00, and Post Design Services $551,244.00. 1683 " OR: 4342 PG: 1707 *** FM #195403 -2- 38/58/68 -01 FIRST AMENDMENT TO JPA WITH COLLIER COUNTY Page 2 of 2 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- 1 D , , and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this First Amendment to be executed in its behalf through its Distri�c�t S�,cret ry or authorized designee. This First Amendment shall become effective on: 3 / ' z�a f Date to be auereaaaa"'' by the Department COLLIER COUNTY, FLORIDA AZXEST—� K .. (SEAL,) DATE a' �— �,:_ /wiz J -g(neS Oe)0 6- 11 /3/D7 PRINT NAME DA'L'E COLLI�OUN REVIEW: BY: $�� '�z✓✓ DA FE, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST L4� --q zz B EXECUTIVE SECRETA Y (SEAL) DIS ICI' SECRETARY OR DESIGNEE DISTRICT ONE PRINTNAME I A" PRIN'I'NAMP / � DATE FLA. DEPT. LEGAL REVIEW: BY: TRANS. 7Cj R ° <9.r12 > > DATE ORIGINAL AC OMPANY ALL ORIGINAL DOCUMENTS SENT TO LIP 16,07 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date Contact appropriate. (Initial) Applicable) 2. ` 113' �� Agenda Item Number p — 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, 4. PAN �J�O iC e ., Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office ' C u :: Zd17 `�FII:L�T�11�11317U /:��(17�I (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Wlq AlRZ, z-ZT Phone Number %7 Contact appropriate. (Initial) Applicable) Agenda Date Item was ` 113' �� Agenda Item Number p — Approved b the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document PAN �J�O iC e ., Number of Original Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ Counp Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's t / Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. °Sign here" tabs are placed on the appropriate pages indicating where the Chairman's r signan re and initials are required. 5. in most cases some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Forms/ Counp Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05 MEMORANDUM Date: November 14, 2007 To: Salma Nabizad, Operations Coordinator - Landscape Alternative Transportation Modes (ATM) From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -311 and Resolution 2007 -312 Grant Application Please find fourteen (14) original copirs of the above referenced document (Agenda Item # 16137) which was approved by the Board of County Commissioners on Tuesday, November 13, 2007. The Minutes and Records Department has retained an original copy for the official records. If you should have any questions regarding these documents, please call 252 -8411. Thank you. Attachments (14) RESOLUTION NO. 2007- 311 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 authorizes 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. 1667 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 13`h day of November, 2007. ATTEST: `"- `j)WIC'HT E. BROCK, Clerk y.,dC� Deputy Clerk �kfta't:ls to CM,r W f 1, turf on)r A�ed as to fo d legal sufficiency: tt R. Teac , Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA �y By: 4: �t4 JA61f S COLETTA, Chairman �'sie X111" l u�- Rere — S1 16B? RESOLUTION NO. 2007- 312 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1'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 SIMILARLY 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 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, to accept the award and to 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 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 $166,000.00 to meet the anticipated project match, will be provided by the Fiddler's Creek Community Development District 91, 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 strips. 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 authorizes 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 Landscape Construction, and Maintenance Memorandum 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 41 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 91, 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 13`h day of November, 2007. AT- TEST: DWIGHT E. $AO.GK, Clerk Deputy Clerk Attest `ss to CY�ofriran I Stt3na "�;� nnly A d as t7/nd legal sufficiency: �cdt R. Teach, Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, LORIDA By: JA S COLETTA, Chairman L m # t &j Age::eia 1A V°i�U� D_Jtt n( lg Ft d1fl aw ' D �m O i D .p NO C) I0 :r X I W i !r p m a D :,Z— v X 0 m TZ V O n I g' 1 I I. i� -1 i j i I+ I�1 P2 ,s j I i 1 I( . I i mij e� Jp @c ; j � s ;z # T i (a � i I I. i� -1 i j i I+ I�1 P2 ,s j I i 1 I( . I i mij ey� e� >c Di m° I o v I � � o l� W i 3 � D Z o m m ' Z � � o Fn f tA f; rro ,i 16b ,fry± i� 1} 1.'1 EQQXAW GRANT APPLICATION 1 • • LOCATION MAP 2 • PHOTOGRAPHS OF EXISTING CONDITIONS 3 • PROJECT NARRATIVE 4 • GRAPHIC CONCEPTUAL PLAN 5 • EVALUATION ATTRIBUTES 6 • PROPOSED IMPROVEMENTS 7 • PROPOSED PLANT SPECIES 8 • MAINTENANCE SCHEDULE 9 • MEANS OF SUPPLYING SUPPLRAENTTAL WATER 10 • PROJECT SCHEDULE 11 • REQUIRED RESOLUTION 12 • TTTTEKS OF SUPPORT 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT APPLICATION 16 ; 85O 10 ENVIRONMENTAL MANAGEMENT 01R P"a1M4 General Instructions: Statutory requirements for the Florida Highway Beautification Council Grant Program are found in Section 339.2405, Florida Statutes. Within Rule Chapter 14.40, Florida Administrative Code, are sections dealing with the grant application process, grant award process, and funding, oonsfruction, and maintenance of beautification projects. These documents can be reviewed on Florida's Highway Beautification Programs webstte, http:/t~.dat.state.6.us/eTno. 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 36 inches. Any document larger than 8 112 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 form and supporting documents must be received by the Grant Coordinator by the and 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 Coordinators is posted on the program webette. APPLICANT INFORMATION: Applicant Name: Fiddler's Creek Community Development District f1 Contact Name: Phillip E. brougham Position or Title: Chairman Address; 8687 Pepper Tree Way, Naples, Florida 34114 Phone* (239) 793 -5671 E-1t8 Address: ptxoughemlBeart htink.net Federal Employer Identification (F.E.I.) Number of Applicant: 86-0899719 Participating O1ganization(sy. FlddWs Creek Foundation This application is for a grant in which fiscal year? p.e., 2004-05) 2008/2009 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. written or graphic conceptual plan (In accordance with Rule Chapter 14-40 Part 1) 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 1o. project schedule 11. required resolutions 16 ,07 dmaw10 ENVP0NWW&NMMOEMEM 0181 P"& 3 04 The foHowing IrAwmadon 1s for use by the Council to Iscore and rank the grant applications. County: COLLIER City: N/A S.R. tF 951 L.ocei Name: Collier Boulevard Length of Project: 2.21 Mlles From: Mainsall Drive - 5.221 (Must indicate mileposts and visible landmarks, i.e. intersections) To: Manatee Raod - 8.676 (Must Indicate m1sposta and visible landmarks, I.e. Intersections) (to be paid for by the Grant) SprtnklarArrigatlon system (pumhasennstall) $ 88,900.00 Plant materials, fertilizer, soil amendments $ 1$0,120.00 Labor for installation of the plantings $ 45,000.00 ESTIMATED TOTAL ELIGIBLE GRANT COSTS: $ 294,020.00 Summary of Matching ftgJact Coats (Local Govemmerd Shane, not including continuing maintenance): Design fee (max 10% Total Project Cost) $ 50,000.00 Plant materials $ 182,848.00 Water (trucked or irrigation system) $ 110,880.00 Labor for installation (Include estimate of volunteer labor costs) $ 78,254.00 Establishment period costs (labor etc.) $ 0.00 other (identify) Contactor Bond and Site Prep. $ 50,000.00 $ 471,980.00 ANNUAL MAINTENANCE: The following information is requested prima ft for use by the applicant The Florida Highway Beaudllcation Council wI8 review the data and compare it to the project conceptual plans in order to recommend funding for low maintenance projects. Water Sprinkledkngaeon System Landscaped Areas Safety ESTIMATED TOTAL ANNUAL MAINTENANCE COST: $ 30,000.00 $ 5,000.00 $ 30,000.00 $ 12,000.00 $ 77,000.00 ' .A 16, - 350050.10 ENVIRONMENTALWMAQEMEW 01" Ppe 301 4 APPLICANT ASSURANCE$: 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 #11) &Z' 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. (Resolution #2) SZ) Sa W r TO CZrAim) Ion/ A$3,A07 The Application Is being transmitted to the District Highway Beautification Council Grant Coordinator having diction over the state highway on which the beautification project Is proposed. AN supporting documents are attached. The project will meat all the Department of Transportation requirements for safety pursuant to Rule 14- 40.003, as to the placement of plant materials within the ApMQ�vay, fine of sight obstructions, and sight distance. The local governing body understands the attributes to be used by the Highway Beautification Council to orltize 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 hrformation provided with this grant application is true and correct, and represents the destros of the local government• wtwre project wifibs gad. Signature: u.Lvrt Date: & / /d7 Title: likolle CIDDLEIP S L'�EC LaAI�lJA1 /TYT�E>�iGPfiENT DtarereT li`/ END OF APPLICANT SECTION 16 P -7 eeomo-rc ENVIRONMENTAL MANAGEMENT 0 AM PW 414 This section to be completed by FDOT District Highway Beautification Council Grant Coordinator Has this applicant been the recipient of previous grants from the Florida Highway Beautification Council? Yes No It Yee, have previous grant projects been maintained according to terms of agreements? Yes No It Yes, the applicant is eligible to submit the grant application. Comments: 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 sand to the State Transportation 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 points. The application can earn up to 100 total points. Score Attribute t. 2. 3. 4. 5. 0. 7. 8. 9. 10. 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 desirable native, hybrid native, or noninvasive plant species Emphasis on low maintenance and water conservation Use of recycled materials such as mulch, reuse water, or solid yard waste compost Contribution to an area vide or regional beautification plan Value to the community Total Score 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 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 confirm 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. /SinkEBmughem Phill Chairman, Fiddler's Creek CDD #1 Cc: Mr. Jeff Caster State Landscape Architect 16 PROJECT MAP 1687 Median of S.RM951 looking southbound from Championship 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. 16B? An 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 of light poles and road signs and infrequently mowed grass. 16 ? PHOTOGRAPHS OF EXISTING CONDITIONS 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 STATE ' D OR (COLLUX X VLV AdUVW4N 16 R7 DWFROVAAdOVTPR • The State Road #951 (Collier Blvd) Median Improvement Project is being proposed by the Fiddler's Creek Community Development District #I (CDD), as the sponsoring organization, to fttrther 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 northbound 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 of SR #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 found in southwest Florida. The planned median improvements would feature various shrubs, native grasses and flowering plants as well as attractively designed turf and mulched areas. 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 roadway. The goal of the proposed project is to have a continuous flow of homogeneous landscaping in the median which will please the eye and encourage additional beautification projects by the adjacent property owners. c( la aC E( :e C mid o j v 1-ni m r v 3 m v z m 0 m m Z z 16B� (1 I,� i 1 I P 16B� jilo z D el A m O � O > i W � r m 3 i z 0 D' Z 3 � O m 3 m -v n 1 � � I � U r 16BT STAMROAD 09-9 COLUM BLVD/MBD1"bWPRQMMVT PBOIJWCT 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. bevel 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 important entry way. Utilities exist along the roadway for the entire length of the corridor and many of the developed property owners participated in the initial right -of -way acquisitioning. Community leaders and surrounding property owners, as well as local jurisdictions will be sought for additional funding that will match and exceed the monetary request provided for in this application. 3. Cost effectiveness: Part of the 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 with 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 and will not negatively impact traffic in order to perform periodic maintenance. Where applicable and appealing, ground covers needing minimal attention will be utilized over grass installation which is more maintenance intensive. S. 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 16 B7 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 will be incorporated as they are available to meet design needs. 9. Contribution to an area wide or regional beautification plan: Collier Boulevard (State Road # 95 1) begins in Northern Collier County at State Road 946 (Immokalee 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 the City of Marco Island. This project will 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: this project will involve improvements to benefit several local 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 base 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 that will ultimately become a catalyst and incentive for a greater "make- over" of all adjoining properties and their appearances. Additionally, this extension of Collier Boulevard is the required corridor for all visitors entering the City of Marco Island from the I -75 interchange. Completing this segment of corridor landscaping will provide a more enjoyable travel experience for visitors and residents alike. 1687 be positioned in the medians to highlight shrubbery and native trees. deogned to tydlltate esue of wowing and the safety of the maintenance workers. 1687 frangible trees, native grasses and flowering plants to add color and variety S jgg$Y s O > L i i 6 b p H O. U 2�M :ro x 0 7 � 1687 �N ` 0 s CI M V d L � X ' O L � t V v p n 7 0 N C O C .200 =e H o, m r w s T. a III FTTA p�— � O � T =U c E o w W (9 c <� W) H ti p W pp C x U O_ co Y 2 H a�a m 3� > > C y CL� m n X a ?o rn io 16B7 a c r- lL N C T o ago, W T v C CL E L V m N m G LL �a rn cn w e e x u fi S w s q 6 � fV tx E L V a0 to a c e 41 N c aim C -Cis C ® N1 x m EWA a a C m .0 = w W v N V C V T 7 tm c m r 'c 0 m ` a a •E ao C =7 C g y O t p � M a m CL 'C 7 M A $ a i C dp C a c � = m 0 G Ol CL c a�CD maw w a �o 1i v � LL M c 0 a c in �0 a ap d io o j x 0 0 � v O 1687 L V O to m p N c a3N n a�/JN p c c Z a LD y to rn S jAs O O 6 N' M � 'a a% $ o P ,&ch z H 0 y M W wL` W E °1 L to r M 7- O 1 i • is w mN m a (7 0 mot'`ocm aU m ca ¥ +z /A' , 16B? S.R. 951 (Collier Blvd) Median Improvements Typical Plant List Date: 10.29-07 TREES Qty Sym Botanical Name Common Name Specification Native "BS Bunters simaruba m mb0 Tree 14'oa x 6'spd, 3ACBi Y CE Conocarpus erectus'Silver' Silver Buttonwood Tree e'x T muldtrk, character Y CS Cassia surratensis Yellow Cassia Tree 10' Ht x 5' spd, 2" cal N COR Chrysophyllum oltviforme Satin Leaf 10' Ht x 5'spd, 2" cal Y COR Curdle sebestena Orange Geiger Tree 8' Ht x 4' spd, 1.75" cal Y IA Ilex attenuate East Palatka Holly 10' Ht x 5' spd, 2" cal Y *QV Ouercus virginiana Live Oak 14'ce x 6'spd, 3 "cal Y PALMS Qty Sym Botanical Name Common Name S cification Native "RE Roysionia elate Florida Royal 3(3WggW3(14'gW) Y 'SP Sabal palmetto Cabbage Palm 10'13'16' ct cut head, Staggered Hts Y TR Thdnax radiate Florida Thatch Palm Woe ht Y SHRUBS Oty Sym Botanical Name Common Name Specification Native CHR Chrymbalanus icaco'rt' ed Ip Cocoplum 3 gallon 24" Y COG Cos doba wifera Seagraps 3 gallon 24" Y HAM Hamelia patens'Compacta' Dwad Fire Bush 3 gallon 24" Y MUH Muhlenbergi capallarlensis Muhly Grass 3 gallon 24" Y SPA Spanina bakers Cord Grass 3 gallon 24" Y SER Serena repens'Silver Silver Saw Palmetto 7 gallon 24 ", plant 48" oc Y SOP Sophore tomemosa Necklace Pod 3 gallon 24" Y VIO Viburnum obovatum Walter's Viburnum 3 gallon 24" Y ZAM Zamia floddanum Coontie 3 gallon 24", full Y GROUNDCOVERS Qty Sym Botanical Name Common Name Specification Native ERN Emodee Ifltoregs Golden Creeper 1 gallon 10 ", full Y HEL Helfanthus debits Beach Sun flower 1 gallon, 12" full Y IPO Ipomoea pes capd Beach Morning Glory 1 gallon 12" Y IVN Ilex vom nana'Shillings' Ilex Shillings 3 gallon 12" Y JUP Juniperus chinensis'Parsonk' Parson's Juniper 3 gallon 18" N RAP Raphktkpis Indies Indian Hawthorn 3 gallon 18" N MISCELLANEOUS Notes SF Bahia Sod Paspalum notatum SF Mulch Pine Straw 3" Depth Large trees and palms are only to be planted in curbed medians. m a a °a w a E 1687 a ° a e �I� 8 YI �e a a � 8aY 1687 • ■ / t f Jrplx , A !xt 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. 16 �i LM 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 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 confirm 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. P Chairman, Fiddler's Creek CDD #1 Cc: Mr. Jeff Caster ✓ State Landscape Architect EXECUTIVE SUMMARY 16B? 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. If awarded, $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. 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 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 IMPACT: 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 !t 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 CONSIDER APPROVAL AND ACCEPTANCE OF THE AWARD AND ENTERING 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. 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, 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, Florida and The Florida Department of Transportation; 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 $166,000.00 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 strips. 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 authorizes 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 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. 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 $300,000.00 in matching grant funds, as well as, additional funding required to satisfy the anticipated project cost. Section 3. In the event this grant in the amount is awarded, future maintenance shall be the responsibility of Fiddler's Creek Community Development District 41, a separately created MSBU or a similarly situated designee through an agreement such entity would enter into with Collier County to maintain the relevant median strips. Section 4. The Clerk for Collier County, Florida is hereby directed to send copies of this Resolution to the Department of Transportation and all other persons as directed by the Board of County Commissioners, Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 13th day of November, 2007. ATTEST: DWIGHT E. BROCK, Clerk 0 , Deputy Clerk Approved as to form and legal sufficiency: Scott R. Teach, Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES COLETTA, Chairman irr r r it it it .� r Dorn FIW D$@Yki I FmIk HWU 0WW2 Ibn HMNtp om me a Rea w. Coy$@ DWW 4 xn Cowan DWM 6 Mr. Ron Albeit General Manager Fiddler's Creek Foundation 3470 Club Center Drive Naples, FL 34114 October 3, 2007 Subject: 951 Median Landscaping Project I wish to offsrmy, full seppoA of this beautification project for our medians along 951 from Manateqr jtosd 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 Community but also bring a greater scan of pride to East Naples. If there is anytbing further that you need from my office, please let me know. Sincerely, pjwm-"�� Donna Fiala Commissioner, District 1 DF/krh C: Phil Bmugbam, Fiddlers Creek .Diane Flagg; Alternate.Transportation Modes Director Pam iarlich, Landscape.Opamtions Manager. Norm Feder — Transportation AdnimisQstor ` 16B;7 Cify ®f Marco Island October 18, 2007 Mr. Ron Albeit General Manager Fiddlers 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 S.S. Judge Jolley Bridge to Mclivane 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, A. William Moss City Manager 50 bald Eagle Drive, Marco Island, Florida 34145 (239) 389 -5000 FAX (239) 389 -4359 www.cityofmarcoisland.com r ocfter ¢, =7 Mr. Ron ANMR Gets Manage Fldders Creek flub a Spa 8152 PkWWS Creek PWkRW Naples, PL 341114 Dem AM It 1s our understarding that the RddWs Creek Fomdmum has IrM eed an effort to gain CAM, stale and local support to VWd Iatrdsraphrg nmftd* in ere caner medlar of SR A951/Coller Ad nun Mawlee Road to MaktsaM Drive. The Rookery Gaff Club and Armco Island Mahar Resort whole hauledly support this effort. AS the 09atMSy 1D not or* our golf bcOW and Marm Island. R I5 in the"term best Interest Df MMS ODmrltgMtl, lMn3urWW com Mkles and CoMer Courtly, In general, that sms'l rellext the atnblartce and urMque beauty or fttwest ftoetds• speallraay Naples and MmcD Island• There Is no beMMr way 1D clofftlimpresentanamKil m arml well mdrabied roadway as You vied SR a951: m is darrorrsvaoed by mm ous bnd mmped roadways UaartArout the oocm Plam keep to advised oft ft eMlbrt and what we can do to amisL Very dncemly. a CMa Gl'In1L'rral Manar hLI 16B? 3433 Cios Czmnm BL" Nwruq FLOM n 34M � s39'793-a673 7�239-793-3643 1ti m @omcast Mr. Ron Albeit ComnH Cade Commu�, Im: 301 Toner Road Naples. FL 34113 -9079 299- Tt3.9900Tel 239- 793.1317 Fax 10.20 -2007 I am writing you in support of an effort to obtain a State of Florida HlgbwaY Beautification Grant to landscape the median of SR 951 from Manatee Road to Maina9B Drive. I understand the City of Marco Island has already secured fonds to landscape from the Jolly Bridge to Hammock Bay and Comeast bat a facility jest nortb of Manntee Road. Landscaping the median for only a portion of SR "I from Manatee to the bridge wouldn't be as appeasing to the eye and it would also improve the arm near our facility on Tower Rossi. Tiuudc you for your effort with respects to upgrading the landscaping for the majority of the drive from 41 to the bridge. Sincerely Barbara Hagen VP/GM Comcast Naples 301 Tower Road Naples, FL 34113 Department of 16P? AMMMIL Environmental Protection Charlie Cost Governor October 16, 2007 Mr. Ron Albeit General Manager Fiddler's Creek Foundation 3470 Club Center Drive Naples. FL 34114 Rookery Bay National Estuarine Research Reserve 300 Tower Road Mike Sae Naples, Florida 34113 Secretary (239) 417.6310 Fax (239) 417 -6315 Re: SR 951 Median Landscaping Project F17I M 12Mt..= Rookery Bay National Estuarine Research Reserve supports a proposed landscaping project by Fiddler's Creek Foundation and their efforts to secure funding for the beautification of the median along State Road 951, from Manatee Road to Mainsail Drive in Naples, Florida. Rookery Bay Reserve is responsible for managing 110,000 acres of pristine coastal lands and waters along the Gulf coast between Naples and Marco Island. Landscaping improvements along the State Road 951 corridor demonstrate a sense of community value and stewardship, which we fully endorse. In fact, we would greatly appreciate the opportunity to meet with representatives of your Foundation to discuss recommendations for the use of native plants in the project. Please feel free to contact me at 239 -417 -6310, extension 203 or garr.lvttonadep.state.fLus if I can further assist in this endeavor. Sincerely, ytt Director "Protect. Conserve and Wanage Florida's Environment and Natural Resources" 16B7 951 LAND HOLDINGS, LTD. 8156 Fiddler's Creek Parkway, Naplea, FL 34114 ♦ (239) 732 -9400 4 Fax: (239) 732 -0381 October 17, 2007 Mr. Ron Albeit, General Manager Fiddle'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 for the installation of landscaping on the median of SR #951 from Manatee Road to Mainsail Drive. This beautification of the median will enhance SR #951, as well as the approach to Marco Island which is used by thousands of tourists who bring revenue to the County and local merchants and likewise to the local residents in communities surrounding SR #951, We are in frill 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. Very truly yours, epb Livio Parisi Attorney in -Fact JLP:jml m Y*J% lelas of Capri Civie Aasodafioa/Capri Commaib, Jas 338 Capri Bo ilevarai Naples, IR 34113 Fiddler's Croak Fomdation 3470 Club Center Drive Naples, FL 34114 Ran AVxK Omwg Mmager Dear Mr. Alm it This latter is provided in support affix oWlalwative FA s of Cc6ier Camty OffidBls and Fiddler' s Cm* inlLeirappBaadmSra Soft DUrBos fficubmGua *d would provide &II&W laadasepethx madam akog SR #951 Ombhm dmRoodto Main" Dri R is our undo stasi g flat the City ofMarm Island but received a Stdo Rim Grant flat would provide bodscapmg flom tho MMao River Jadga hRy Bridge mrMe wid8a 200 Ent of Hammock Bay. The edditiocal laodaospiog m am areas Siva oommuty to fie am rand amt provides pidactimspatusla ddpigas Owe medisasaswall. Tine caouamides along this oonidor pm xlo a thong and shnble tax base for Collier County. Ladecapmgthiamdnthorw816reari smlyaI dottatbaebypsowiftabawAM achy and mat to flee mrroe� rules. The Isla of C wri's only atrmce is SRp951. CisKBay Developers own a parcel of lmd m Capri Itmoldbad's dw Coney, Oulf Bay Developers and home owns in our comet mity m have this added bowdfi d= fo the n11 mad Isot oft w ides. !Cart Cdvm, Paeldest, bl s of Capri Civic Aasoddion Aran Hall, Muir, Ieka of Capnn Pm mvabm and Bsbmom>at Tam Cm Dome Fisk Disfrid Ow Cammisrioser Pam ImW Director, CdNa Cosoty Lmsdww Isla of Capri Civic Aasoaiatim Bead of Di ocbm Isla of Capri Pmeavatimand BohancematTam ahall 10/7 M1 PEPPER TREE YIL1AGEASSOMT1ON, INC do Scullin & Sobduma, P.A. 1 6 R 1250 Tenhni TMA Nortb Napha, Florida "in P. F:. Brougham 8397 Popper Tree Way Napla,1134114 October 119 2007 Mr. Ron Albulk Gasaeral Manager Fiddler's Creek Foundation 3470 Club Cep Drive Naples, Fi 34114 Rs: Proposed Project to iwudseape SR 0931 Median Dear Mr. Alba# I am aware of the effort of Fiddler's Cregh Foundation to secure a State of Florida DOT Highway BeauWkation Great to be and for the purpose of bmdscaping the nedtan of SR NISI iron Manatee Road to Mabmdi Drive As a resident of Fiddler's Crook and the President of Pepper Tree Village Association : to well as Chairman of FiddW* Crook Conatsmiky Devebpment District 01, I offer ng angaeliaed to support to the endeavor. We are all aware of the beauty of the landscaping in front of the antrsnea to Fiddler's Creek and Hammock Bay along SR #931. However the majority of the nedlau Is not landscaped at a06 presenting a harsh "streampd' a you drive towards Masco Island fmm US#41. Mthis project is a mesa, it will be woaderAd complement to ttro reematly pleated tandsapiu8 along US#41 towards Naples. Please ton on sae to assist to any way I can. WO &I NYSE October 17, 2007 4901 W DA »amawzm P A 94194 ,a CM 4994= . 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, i4e!0. O'Donnell Vice President, Hammock Bay Homeowners Association Project Manager, Hammock Bay Golf & Country Club wa ioxonm m Ah'.ts RW BU0M wtUnwu.A� The Experience Is Everything." r Oct 29 07 10:24a Silver Lakes 239- 417 -3447 NP&51Mart0 island, Florida 1001 SUM Lake Blvd. • thples, FlarMa 34114 • (4391417.8418 • FBI (289) 775 -4166 October 28, 7007 R Mr. Ron Albeit General Manager Fiddlers Creek Foundation 3470 Club Center Drive Naples, FL 34114 Reference: 951 Median Landscape Proi act 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 enbeneed by this project This will only add to the already beautifirl area here in Southwest Florida. Please keep us up koala on the progress of this project. Sincerely, Silver lakes Goland RV Resort • Mbr • akuaw Wr � • �wNnoa70 Gook��jo owmh okEhouer • kcualc • ernes ankr • oats couro • 6ckMWW aeomtlee • iroiR.bo.N • our - sacmRy P•'16 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, Ft. 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 front Manatee Road to Mainsail Drive. This grant along with the grant 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: Dorma Fiaia , Commissioner District One ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE { Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through 94 as appropriate for additional signatures, dates, and/or information needed. If the document is already completewith the exception of the Chairman's signature, draw aline throu h routing lines #1 throw #4, complete the checklist, and forward to Sue Filson (line 95). Route to Addressee(s) (List in routing order) Office Initials Date 1. Commissioner James Coletta, BCC Chairman Board of County Commissioners (Initial) A licable) 2.------------ -------------------- --- - - - - - -- --------------------------------------------- ------------------------------------------ ------------------------------------------ Agenda Item Number 16 C I 3.---------------------------- --------- - - - - -- --------------------------------------------- ------------------------------------------ ------------------ ------------------------ 4.------------------------- ---- -------- - - - - -- --------------------------------------------- ------------------------------------------ ------------------------------------------ Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson needs to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Nathan Beals Phone Number 252 -2583 Contact appropriate. (Initial) A licable) Agenda Date Item was November 13, 2007 Agenda Item Number 16 C I Approved by the BCC C17- 31 3 Type of Document Resolution to Subordinate Easement Rights Number of Original 1 Attached along U.S. 41, Section No. 03010 -2542 Documents Attached INSTRUCTIONS & CHECKLIST I Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) A licable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's �7 signature and initials are required. v 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. 13 Some documents are time sensitive and require forwarding to Tallahassee within a certain .9 time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16c1 MEMORANDUM Date: November 16, 2007 To: Nathan Beals PUED From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -313 Enclosed please find one certified copy of the resolution and one original document referenced above, Agenda Item #16C1, approved by the Board of County Commissioners on Tuesday, November 131 2007. The original document is being retained in the Minutes & Records Department. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosures RESOLUTION NO. 2007- 313 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. 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 District 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: ) )Illpip� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS = >• a.° THE GOVERNING BOARD OF.COLLIER COLLIER AND AS EX- OFFICIO THE.., GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT ATTEST; bWI6H'f E_,.BROCK, Clerk Att Y tf.to'W u�t Clerk s 1gn+t�rra calk Approved as to form and legal sufficiency: 0W\ W4�� Thomas C. Palmer Assistant County Attorney County Attorney: CP:04 -puw- 01083;761 1601 r• G is -1 3� ithwzz 161-11 23- UTL.02 -07/99 Date: August 13, 2007 This instrument prepared under the direction of: Bruce P. Cury, General Counsel Post Office Box 1249 City: Bartow, Florida 33830 Department of Transportation F.P. NO. 1953891 PARCEL 500.4 SECTION 03010 -2542 STATE ROAD 90(U.S. 41) COUNTY Collier SUBORDINATION OF COUNTY UTILITY THIS AGREEMENT, entered into this J_-_3 day of nicvr.nber , 20e 7, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, whose post office address is: Post Office Box 1249, Bartow, Florida 33831 -1249 and COLLIER COUNTY WATER -SEWER DISTRICT, A BODY CORPORATE AND POLITIC WITH THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Utility Agency Organization, hereinafter called the UAO. W I T N E S S E T H: WHEREAS, the UAO presently has an interest in certain real property that is needed for a transportation facility; and WHEREAS, the proposed use of the real property requires subordination of the UAO's interest to the FDOT; and WHEREAS, the FDOT is willing to participate in the cost of locating, protecting, adjusting or removing the UAO's facilities if necessary to prevent conflict between the UAO's facilities and the transportation facility; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. The UAO hereby subordinates to the interest of FDOT, its successors, or assigns, any and all interest the UAO has in the real property described as follows: SEE EXHIBIT "A" Page 1 EXHIBIT "I" TO RESOLUTION 16 The interest of the UAO being subordinated hereby includes, but is not necessarily limited to, the interest created by the following document: RECORDED INSTRUMENT DATE FROM TO O.R. BOOK /PAGE Easement 06 -06 -89 Celebrity Golf- Collier OR 1451 Naples Limited County Water- PG. 0110 Partnership Sewer District 2. The UAO shall continue to have all rights under the UAO's real property interest document identified above, except that the use of the real property shall be subject to the control of the FDOT pursuant to paragraph 3 hereof. 3. The FDOT shall have the right to control the UAO's use of the real property interest created by the document identified above in the following manner: a. The FDOT may require, for any present or future transportation facility project, that any facilities of the UAO be located, protected, adjusted, or removed as the FDOT determines is necessary (including the timing of any of such activities) to accommodate the transportation facility project. The UAO shall have the right to engage in additional protective measures during the transportation facility project beyond what the FDOT determines is necessary, provided that the cost of any such additional protective measures shall be borne by the UAO. b. The UAO shall operate and maintain the UAO's facilities located on the real property in accordance with FDOT standards as set forth in the FDOT's then current Utility Accommodation Manual. C. Any placement of new facilities upgrading, removal, or relocation of proposed by the UAO shall be subject of the FDOT as provided in and under FDOT's then current Utility Accommod will be granted through the issuance or adjustment, the UAO's facilities to the prior approval the conditions of the ation Manual. Approval of a utility permit. 4. In the event the FDOT exercises its rights under paragraph 3 hereof and the exercise of those rights creates costs over and above what the UAO would normally have incurred had this subordination not been executed, the FDOT will bear the excess costs. Excess costs shall include, but not necessarily be limited to, damage to the UAO's facilities resulting from failure of FDOT's protective measures where the UAO has not elected to, undertake additional protective measures pursuant to subparagraph 3.a. hereof. The specific arrangement for FDOT bearing the excess costs shall be by separate agreement. Page 2 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence as witnesses: Signature Print /Type Name STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION District Secretary /Designee for District One Approved as to Form and Legality: Signature Print /Type Name Department Attorney STATE OF FLORIDA CK1180811WiT The foregoing instrument was acknowledged before me this day of , 20 by District Secretary /Designee for District One. He is personal known to me or has produced as identification. (Affix Seal /Stamp here) Notary Signature: Printed Name: Page 3 I Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No.: T6Z ATTEST: DWIGHT E. BROCK, Clerk B Deputy Clerk .; , >�aF';.ai!&'t :it'd �� +� i YYReL+R • Appcgve4. as to form and legal sufficiency: Thom As C. Plalffier Assistant County Attorney 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 JAMES COLETTA, Chairm an 1601 F.P. NO. 1953891 SECTION 03010 -2542 PARCEL 500 A parcel of land lying in the northeast 1/4 of Section 30, Township 50 South, Range 26 East, Collier County, Florida, and being more particularly described as follows: Commencing at the northeast corner of Section 30, Township 50 South, Range 26 East, Collier County, Florida; thence South 50 058'01" West for a distance of 472.89 feet to a point on the northeasterly right of way line of State Road 90 (U.S. 41) - East Tamiami Trail and the POINT OF BEGINNING; thence North 39 001'59" West along said right of way line for a distance of 255.50 feet; thence North 50 058101" East for a distance of 20.00 feet; thence South 39 °01'59" East for a distance of 255.50 feet; thence South 50 °58'01" West for a distance of 20.00 feet to the POINT OF BEGINNING. Containing 5,110 square feet, more or less. Legal D scription Approved by: J\ Oil William E. Ray PC. (L /�.5. 37 Date: 019-13-07 NOT VALID UNLESS EM 0SSED EXHIBIT "A" Page 5 SKETCH AND LEGAL DESCRIPTION OF RIGHT —OF —WAY DRAINAGE SCALE: 1" = 50' 0 25 50' 100' NORTHEASTERLY RIGHT OF LINE U.S.41 POINT OF COMMENCEMENT NORTHEAST CORNER OF SECTION 30 S 39'01'59" E A�) / 255.50' 255.50' N 39'01'59" W POINT OF BEGINNING LINE DATA LINE LENGTH BEARING L1 1 20.00' 1 N 50 °58'01' E L2 20.00' S 50'58'01' W U �6 - rti, Im I0� I`V I� I� I° I00 Ln li] ILn I� N J ell U.S. 41 - EAST TAMIAMI TRAIL S.R. 90 - - - - -- - - - - - - i ----------------- (200' RIGHT —OF —WAY) David B. Bruns, PLS Certificate Number 4520 a x DATE.- JULY 20, 2007 NOT VALID WITHOUT THE SIGNATURE AND \ THE ORIGINAL RAISED SEAL OF A FLORIDf LICENSED SURVEYOR AND MAPPER. /�o� a Svr ✓ey BEARING BASED ON NORT EASTERLY RIGHT OF WAY LINE OF U.S 41 BEING N 39'01'59" W PER D.O.T. MAP DATED JANUARY 15, 1998. Page b & .`.dmuino, ?�. & Le ..I .PI ,„�.y fort 6k l,...i.,. X—A rA— Jr. 98 921! Xel4.9(.g.y91fo2 (299) 261 — 5965 1602 DATE: December 21, 2007 TO: John Curran, Purchasing Agent Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Dept. RE: Contract #07 -4191 "Annual Contract for Emergency and Scheduled Sewage Hauling" Contractor: Southern Sanitation, Inc. Enclosed are three (3) original contract documents, as referenced above (Agenda Item #16C2) approved by the Board of County Commissioners on Tuesday, November 13, 2007. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, you may contact me at 252 -8406. Thank you, Enclosures (3) 16 C 2 ;t)lJN1Y ATTORNL ITEM NO.: DATE RECEIVED: 7001 QEC 18 Ail 8.56 FILE NO.: ROUTED TO:J/�- )OeO —,O�7/0 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: December 11, 2007 �C To: Thomas Palmer //IC n 1/ Assistant County Attorney VVV From: John '. Curr Purchasing A nt 239 252 6098 I �' Re: Contract #07 -4191 "Annual Contract for Emergency and Scheduled Sewage Hauling" Contractor: Southern Sanitation, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on November 13, 2007; Agenda Item 16.C.2. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. r�°`° -� 6 MEMORANDUM TO: Jeff Walker Risk Management Department FROM: John P. Curra Purchasing D artment DATE: December 11, 2007 RE: Review of Insurance for Contract No. 07 -4191 "Annual Contract for Emergency and Scheduled Sewage Hauling" Southern Sanitation, Inc. This Contract was approved by the BCC on November 13, 2007; Agenda Item 16.C.2. Please review the Bonds and Insurance Certificate in this Agreement for the above - referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 6098. Ole- cc: Dave Fitts 1602 16C2 AGREEMENT 074191 1Co77 "Annual Contract for Emergency and Scheduled Sewage Hauling" THIS AGREEMENT, made and entered into on this 13 day of November 2007, by and between Southern Sanitation, Inc, authorized to do business in the State of Florida, whose business address is PO Box 7736, Naples, FL 34101, hereinafter called the "Contractor" (or "Consultant ") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work Emergency and Scheduled Sewage Hauling. This Agreement shall commence on the date of the issuance of a Purchase Order The contract shall be for a one (1) year period, commencing on November 13, 2007, and terminating on November 12, 2008. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Emergency and Scheduled Sewage Hauling in accordance with the terms and conditions of Bid/RFP #07 -4191 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of One thousand five hundred dollars ($1,500.00), per hour based on the unit prices set forth in the Contractor's proposal, subject to Change Orders as approved in advance by the County. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his Page 1 of 6 1602 designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act ". 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Southern Sanitation, Inc. P.O. Box 7736 Naples, FL 34101 Telephone: 239 - 352 -2600 Fax: 239-352-6600 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Steve Carnell, Purchasing /GS Director Telephone: 239 - 252 -8371 Facsimile: 239 - 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in Page 2 of 6 16C2 effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1.000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page 3 of 6 1602 Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor /Vendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor /Vendor /Consultant or anyone employed or utilized by the Contractor /Vendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Purchasing Department. 13. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid /RFP #07 -4191 "Annual Contract for Emergency and Scheduled Sewage Hauling Specifications/ Scope of Services. 15. SUBTECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or Page 4 of 6 1602 quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 17. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 18. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. CONTINUED BELOW Page 5 of 6 1602 BOARD OF COUNTY COMMISSIONERS s rim S COLLIER • FLORIDA r4< of Courts 4 4' jarnVCofetta, — , ........................ ..........., K MAn F- ONGELIA „M Co "DDO36P.9• Eypry� 111171 Bona•e mw (WON32 12 yyn ; Fw" Naory Assn I., .................................... First Wffness TTytG rint nameT Second Witness FG TType /print witness nameT Approved as to form and legal sufficiency: Assistant County Attorney i D1 I M ,/Z,- Print Name Southern Sanitation, Inc. Contractor By: S' ature Page 6 of 6 Aatt beebe Pt'e Oe n t Typed signature and title Item # P Agenda I �I �, Datz � �" { : l Date Aur ri lJG_JL�— 16C2 ACORD CERTIFICATE OF LIABILITY INSURANCE j JR SOUTH34 DATE 121108MYYI 12 18 07 PRODUCER Insurance By Ken Brown, Inc. PO Box 948117 Maitland FL 32794 -8117 Phone: 321- 397 -3870 Fax: 321- 397 -3888 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Southern Sanitation Inc P.O. Box 7736 Naples FL 34101 INSURERA: Maryland Casualty Ins Comp 19356 INSURER 8'. North Pointe Caav ty Ins Ooh 27740 INSURERC: INSURER D. -- INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR 400- NSR TVPEOFINSURANCE POLICY NUMBER POLICYEFFECTIVE DATE MMIDDIYY POUCYEXPIRATION DATE MMIDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1-10--00-10-00- B X X COMMERCIAL GENERAL LIABILITY 2094117986 11/16/07 11/16/08 PREMISES(Eaowurenw) $100,000 MEDEXP(Arryorreperem) $ 5 000 CLAIMS MADE Fx—] OCCUR PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GENTAGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOP AGG $21000,000 POLICY PRO LOC EOT A AUTOMOBILE LIABILITY ANYAUTO SCP01945619 10/06/07 10/06/08 COMBINED SINGLE LIMIT (Eaao]dertl) $1,000,000 X BODILY (Par r pemon person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per amtlem) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Peraaiden[) $ GARAGE LIABILITY AUTOONLY- EAACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTOONLY: AGG EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR ❑ CLAIMSMADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER EL EACH ACCIDENT $ ANY PROPRIETOR /PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICER /MEMBER EXCLUDED? (yea, EL DISEASE - POLICY LIMIT $ Runder SPECIAL IAL PROVISIONS balau OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Job # 07 -4191 - Emergency schedule sewer hauling, Collier County Board of County Commissioners is listed as additional insured as respects to General Liability only. fax 239 - 252 -0225. CERTIFICATE HOLDER CANCELLATION Collier County Board of Commissioners Attn: Risk Mgmt 3301 E Tamiami Trail Naples FL 34112 COLLIER I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ii 1602 -u m ql 'n 0 M x v 7 U) - 0 'J U) m z z OD > C z m to w m a. -17 m m rn m .m m (o x 'n cn U �: -13 Tj m rl, Z -j --I > CD 9 71 z n. -U? It, „ 14 I" , �i, 0 4 n 1 V5 ca C"I f/I Un dr cp diD ui 1602 1602 THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department BIDDERS CHECK LIST M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 1 The Bid has been signed. 2 The Bid prices offered have been reviewed. 3 The price extensions and totals have been checked. 4 The payment terms have been indicated. 5 Any required drawings, descriptive literature, etc. have been included- 6 Any delivery information required is included. 7 If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8 Any addenda have been signed and included. 9 The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 10 The mailing envelope must be sealed and marked with: • Bid Number; • Bid Title; • Opening Date 11 The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS /RFPS MUST HAVE THE BID /RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. p ame 16C2 BID RESPONSE DUE:icmVJG Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: BID No. 07- 4191 -- "Annual Contract for Emergency and Scheduled, Grease, Sludge and Sewage Hauling" Dear Commissioners: The undersigned, as bidder, hereby declares that he has examined the specifications and informed himself fully in regard to all conditions pertaining to the work to be done for Annual Contract for Emergency and Scheduled, Grease, Sludge and Sewage Hauling as per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Bidder agrees, if this Bid is accepted, to contract with the County to furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: 2,500 Gallon Tanker 5,000 Gallon Tanker 10,000 Gallon Tanker Hourly Sum of All Three Tankers Pollution Control License to Transport Attached? List of Tankers to be Used Attached? Scheduled $2.�D_O /hr $2SO .00 /hr $2`x•00/hr $'ltb-OD /hr Will you guarantee one (1) hour response Emergencv $2Sb.00 /hr $2SD -CO /hr $2� -00 /hr $nSD Od /hr es no es no 1602 for emergency situations? yes no Bid Response (Continued) Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net 30 Days Addenda received (if applicable): #1 #2 #3 The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days, will result in damages to the County. IN WITNESS WFtEREOF, WE have hereunto subscribed r names on this �' day of.-In 2007 in the County of in the State of Rzdo, . Firm's Complete Legal Name Check one of the following: Sole Proprietorship ✓Corporation or P.A. State of F1 r >y-, (A a Limited Partnership General Partnership Phone No. 23q- 352 -Z�DOD FAX No. Address ��zzAp City, State, ZIP 1602 Typed and Written Signature Title NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid response pages. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .16 C3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only fx ter the Board has taken action on the item.) ROUTING SLIP Complete routing lines 41 through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throng routing Imes # I throw #4, complete the checklist, an d forward to Sue Filson line #5). Route to Addressee(s) (List in routing order Office Initials Date I. Public Utilities (Initial) Applica ble) 2. October 23, 2007 Agenda Item Number 16C3 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Jennifer Belpedio County Attorney Number of Original 2 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Peter Lund, Division Operations Analyst, Phone Number 252 -2556 Contact Public Utilities (Initial) Applica ble) Agenda Date Item was October 23, 2007 Agenda Item Number 16C3 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Agreement Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attomey. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the orTi�mal document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on October 23, 2007 (enter date) and all changes made during the meeting have been incorporated in the attached document. sommom- The County Attorney's Office has reviewed the changes, if applica ble. 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 I6C3 2007 AGREEMENT FOR POTABLE WATER INTERCONNECTS BONITA SPRINGS UTILITIES, INC 0-ill COLLIER COUNTY WATER -SEWER DISTRICT This AGREEMENT is made and entered into effective on this U day of QGT , 2007, by and between the Bonita Springs Utilities, Inc., a Florida not - for -profit corporation ( "BSU "), and the Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County, Florida, and as Ex- Officio the governing Board of the Collier County Water -Sewer District ("CCWSD"). collectively ( "Parties "). WHEREAS, the Parties are geographically neighboring utilities and each has existing facilities capable of furnishing limited quantities of potable water to the other; and, WHEREAS, BSU and CCWSD are parties to that certain Agreement for Emergency Water Interconnects dated August 26, 1997 pursuant to which CCWSD has contracted to provide water on a limited, as- needed basis to BSU ( "1997 Agreement "); and, WHEREAS, the Parties wish to modify the existing interconnect to provide for the ability to supply water in either direction (to BSU or CCWSD) and provide for a second interconnect for such purpose; and, WHEREAS, the Parties agree that it is in each Party's best interests to enter into this Agreement so that either Party can supply potable water to the other Party should the receiving utility require potable water from the sending utility; and, WHEREAS, it is in the best interests of the Parties, their respective water customers, and the region to promote the interconnection of water systems to meet emergency and periodic water supply needs. NOW, THEREFORE, based upon the mutual undertakings and other consideration referenced herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Subject to the terms of this Agreement, BSU agrees to supply to the CCWSD such potable water as BSU determines is available within the BSU water system as may be requested by CCWSD from time to time to meet its water supply demands. Said supply shall be delivered in a manner so as to maintain the best available pressure at the discharge side of the Point of Delivery, so as to limit adverse effects to BSU's customers. 1603 2. Subject to the terms of this Agreement, CCWSD agrees to supply to BSU such potable water as CCWSD determines is available within the CCWSD water system as may be requested by BSU from time to time to meet its water supply demands. Said supply shall be delivered in a manner so as to maintain the best available pressure at the discharge side of the point of delivery, so as to limit any adverse effects to CCWSD's utility customers. The point of delivery shall be the point at which the supplying utility's ownership and responsibility for water supplied under this Agreement ends, and the ownership and responsibility of the receiving utility begins ( "Point of Delivery"). 3. Potable water supplied under this Agreement shall be delivered to, and received from, permanent interconnecting facilities at two points where the CCWSD and BSU potable water systems are in close geographic proximity to one another. The Point of Delivery for water supplied by BSU to CCWSD through either interconnect shall be on the CCWSD side of the isolation valve on the CCWSD side of the interconnect assembly. The Point of Delivery for water supplied by CCWSD to BSU through either interconnect shall be on the BSU side of the isolation valve on the BSU side of the interconnect assembly. BSU agrees to modify the existing one -way flow interconnect facility constructed to supply potable water to the BSU located on Bonita Beach Road so as to provide flow in either direction ( "Existing Interconnect "). BSU shall own, maintain and operate all facilities comprising the Existing Interconnect up to the Point of Delivery on the CCWSD isolation valve on the CCWSD side of the interconnect. CCWSD agrees to construct a second interconnect facility in close geographic proximity to the Livingston Road/Imperial Street interchange ( "New Interconnect "). The exact location on the New Interconnect shall be as mutually agreed upon by the Parties in writing. This operational decision may be made on behalf of CCWSD by the County Manager or designee. CCWSD shall own, maintain and operate the New Interconnect up to the Point of Delivery at the BSU isolation valve. The nature of the supply requirement, and the availability of water from the sending utility's system, shall dictate the number and location of the interconnect to be activated at a given point in time. The receiving utility shall identify the interconnect it desires 2 16C- to activate, subject to limitations in availability of the sending utility. Both interconnecting facilities shall be constructed as long -term interconnections. 4. The Existing Interconnect shall be modified pursuant to BSU standards as may be amended, repealed and /or superseded, unless and /or as otherwise specified in the Agreement. The New Interconnect shall be constructed pursuant to the CCWSD Utilities Standards and Procedures Ordinance, as may be amended, repealed and /or superseded, unless and/or as otherwise specified in the Agreement. Each party shall submit the plans and specifications for their respective interconnect to the other for review and comment prior to proceeding with the project. a. The design, permitting and construction modifying the Existing Interconnect will be undertaken by BSU at no cost to the CCWSD and shall be completed by March 31, 2008. b. The design, permitting and construction of the New Interconnect will be undertaken by CCWSD at no cost to BSU and shall be completed by September 30, 2009. c. The interconnects shall be designed to include provisions for locking features so that each party shall have sole access to the locking device for its valve operator which, when opened, provides water to or receives water from the other party. 5. Water provided by a supplying utility under this Agreement shall be only that quantity of water needed to provide temporary assistance in the event the receiving party has a period of reduced availability in its system, subject to concurrent excess supply of potable water in the sending utility's system as determined by such utility. Such supply of potable water shall be subject to the following: a. The Parties hereto shall each designate (and from time -to -time re- designate as needed to comply with this Agreement) an authorized member of its staff, to be responsible for sending and receiving written requests for water, and who shall have the authority to approve or disapprove requests for supply of water from the other party. Each party shall keep the other advised of the then current phone number and e -mail address of the designated individual. 3 1603 b. Upon each written request for temporary potable water service under this Agreement, the request shall be acted upon in good faith and in a timely manner by both Parties. By entering into this Agreement Parties agree to supply said service subject to availability as described above. The supplying utility shall not be obligated to supply any specific volume of water. The receiving utility may terminate receipt of water supply with not less than twenty four (24) hours notice by sending the notice to the supplying utility when the need for temporary potable water service by the receiving utility has been met. c. At its discretion, the supplying utility may establish, and enforce by unilateral control-of valves under its control, limits as to: times of day and /or days of the week during which delivery of potable water will or will not be made; the rates of flow at which delivery will be made; and /or the total volume of water to be delivered over one or more designated time periods. d. In each instance, the receiving party shall exercise prompt and diligent efforts to eliminate its need to be supplied temporary potable water from the sending ply. 6. Payment for water supplied under this Agreement shall be on a per thousand (1000) gallon basis, as measured by the appropriate meter at the interconnect in use. The meter shall be read jointly by the Parties at the following times: when the valves are first opened at the beginning of delivery in response to a request for water; at the time of the final termination of all deliveries of water in response to that request for potable water from the sending party; and if necessary, at approximately the first of each calendar month that occurs between the beginning and termination of the response to that request. It shall be the responsibility of the sending party to schedule all readings of the meter at mutually agreeable times. 7. Labor and material costs incurred for opening or closing the valves or reading the meters as a result of a request for temporary potable water supply, shall not be charged by either party to the other party 8. It shall be the responsibility of the sending utility to make annual checks of the accuracy of the interconnect meters used to supply the receiving utility. If either receiving party believes that a bill for water received may be based on readings 4 16 C.3 from an inaccurate meter, upon request the other party shall perform an additional check of the meter's accuracy, with the requesting party physically present if desired by the requesting party. Should that additional check reveal accuracy within the limits of the manufacturer's recommended accuracy, then the cost of obtaining the check shall be borne entirely by the requesting party. If either an annual check or an additional check of accuracy reveals an error beyond the limit of the manufacturer's recommended accuracy, it shall be assumed that the inaccuracy was in existence for the later one -half of the period of time from the last check that indicated acceptable accuracy. Any billings that occurred during that period shall be adjusted to reflect the quantity of over read or under read exceeding the appropriate limit of accuracy, at the rate per thousand (1000) gallons that was in effect at the time delivery occurred. 9. The rates for potable water charged by each party shall be fair and reasonable. Parties agree that the initial rates charged one to the other for water supply shall be the same. Such rates shall be reflected in each party's respective rate tariff, resolution or ordinance, as may be amended from time to time. The initial agreed rate to be three dollars twenty -five cents ($3.25) per 1000 gallons. In the event there occurs a period of time during which there is a differential in rates between the Parties, each party shall be entitled to charge the other the higher rate then in effect. Each party shall give the other not less than thirty (30) days notice of any change in the rate to be charged hereunder. The potable water service rate will be expressed on a "per thousand gallons of metered potable water as delivered to the Point of Delivery" basis and will always be rounded to the nearest cent for billing and rate calculation purposes. 10. This Agreement shall remain in full force and effect for not less than ten (10) years following its date of execution and until thereafter terminated upon sixty (60) days written notice by either party to the other at its sole discretion; provided that, in the event CCWSD elects to terminate this Agreement prior to constructing the New Interconnect, CCWSD agrees to reimburse BSU for out of pocket costs incurred by BSU in modifying the Existing Interconnect to provide flow in either direction as set forth in paragraph 3 above within the guidelines of the Florida Statute referencing prompt payments. 5 16 C3 11. If any condition or provision in this Agreement held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other condition or provision and does not materially prejudice either party in its respective rights and obligations contained in the remaining valid conditions or provisions of this Agreement. 12. No waiver of any breach of this Agreement shall be held to be a waiver of any other subsequent breach irrespective of the length of time the former breach was waived. 13. Both Parties agree that it is a material part of the consideration for this Agreement to deliver only potable water meeting the requirements of all State, Federal, and local regulatory agencies having jurisdiction over potable water supply for public water systems. 14. Each party hereby saves and holds the other harmless from and against any claims, demands, damages or expenses resulting from delivery of water which does not meet the quality standards set forth herein; delivery of water at a pressure not exceeding 95 psi; operation of the facilities located on supplying utility's side of the Point of Delivery; and the storage, transmission, distribution and use of potable water received through an interconnect. 15. Acts of God such as storms, hurricanes, earthquakes, land subsidence, strikes, lockouts or other industrial disturbances, acts of public enemy, terrorist acts, wars, blockades, riots, acts of armed forces, delays by carriers, inability to obtain materials or rights -of -way, acts of public authority, regulatory agencies, or courts, inability to construct the required infrastructure, or any other cause, whether the same kind is enumerated herein, not within the control of the Parties, and which by the exercise of due diligence, a party is unable to overcome, which prevents the performance of all or any specific part of this Agreement, shall excuse performance of said part of this Agreement until such force majeure is abated or overcome. 16. The 1997 Agreement is hereby replaced and superseded in its entirety and, as of the date of this Agreement, of no further force or effect. 6 16 17. This Agreement shall take affect only upon approval by the Governing Board of CCWSD and BSU's franchisor, the City Council of the City of Bonita Springs, Florida. IN WITNESS WHEREOF, the Parties have executed or have caused this Agreement, with any Exhibits attached, to be duly executed. WITNESSES: (Signatur / " l ARY -4w✓✓ ll / TIFR (Printed Name) (Signature) r_IS3FpwY (Printed Name) ATTEST: DWIGHT ]r; BI€OQK, CLERK Attttti it: W—Chi 1 I1 4 ttpiatf�fi wax". Approval as to form and legal Sufficiency: Jenni fer A. Belp Assistant County omey BONITA SPRINGS UTILITIES, INC. By: //� K avid MAce, President BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Item 916C3 from 10/23/07 BCC Teresa L. Polaski From: belpediojennifer [ JenniferBelpedio @colliergov.net] Sent: Wednesday, November 21, 2007 10:00 AM To: Teresa L. Polaski Cc: LundPeter Subject: RE: Item #16C3 from 10/23/07 BCC Hi Teresa, Page 1 of 1 1603 I could have swore that I responded to your e -mail yesterday, but cannot located it in my sent items. I guess that I am just too excited to get to Thanksgiving break? Just in case I have not responded, here you go.... This matter is atypical. Yes, the Agreement is between Bonita Springs Utilities, Inc., a Florida not -for- profit corporation, and the Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County, Florida, and as Ex- Officio the governing Board of the Collier County Water - Sewer District. Yes, Paragraph 17 makes the Agreement effective upon the City of Bonita's approval. However, the Agreement was not intended to include the City of Bonita Springs as a party. The City of Bonita Springs just has to approve it as part of an agenda item. Once it is approved, documentation that reflects the City of Bonita decision should be obtained. If City of Bonita Springs approved the Agreement, then the Agreement maybe recorded along with the documentation. My understanding is that the agreement is already scheduled to be considered by the City of Bonita Springs. Please hold off on recording the document. Please just make part of the BCC records and return to the original Agreements to whomever is listed on the pink routing slip. The Agreement will be recorded with "approval documents" from the City of Bonita Springs when received. Thanks for catching this for us. It saved us from having to record twice. Jennifer From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.com] Sent: Tuesday, November 20, 2007 10:36 AM To: belpediojennifer; LundPeter Subject: Item #16C3 from 10/23/07 BCC Trish wanted me to check to see if we need additional signatures on this agreement. Should this document have the City Council of the City of Bonita's signature on it. Under item 17 it states that the agreement is between CCWSD and BSU's franchisor, the City Council of the City of Bonita Springs. Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 ( Tereso .Polaski@collierclerk.com) 11/21/2007 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 L TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO CJ 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information nailed. If the document is already complete with the exception of the Chairman's signature, draw aline throu muting lines #1 thmu #4 complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Liar in muting order Office Initials Date 1. November 13, 2007 Agenda Item Number 16 C 4 2. Original document has been signed/initialed for legal sufficiency. (All documents to be 3. Florida Power & Light Company Number of Original TWO (2) 4. Commercial/Industrial Demand Reduction Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners IT 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infomxtion. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Kar B. Gul*ug a-A� Phone Number 877 -8280 Agenda Date Item was November 13, 2007 Agenda Item Number 16 C 4 Approved by the BCC Original document has been signed/initialed for legal sufficiency. (All documents to be Type of Document Florida Power & Light Company Number of Original TWO (2) Attached Commercial/Industrial Demand Reduction Documents Attached Rider Agreement IT INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 rAo_ P. 14X4 v, Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial licable 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from IT contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's C-"-. Office and all other parties except the BCC Chairman and the Clerk to the Board Q kem 3. The Chairman's signature line date has been entered as the date of BCC approval of the Q� document or the final negotiated contract date whichever is applicable. JJ 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. document was approved by the BCC on 11/13/07 (enter date) and all changes 1The made during the meeting have been incorporated In the attached document. The /Gk County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 rAo_ P. 14X4 v, 1604 MEMORANDUM Date: November 14, 2007 To: Karen Guliani, Senior Project Manager PUED Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: FPL Commercial /Industrial Demand Reduction Rider Agreement Enclosed please find one (1) original document as referenced above, Agenda Item #16C4, approved by the Board of County Commissioners on Tuesday, November 13, 2007. An original document will be kept in the Minutes & Records Department. If you should have any questions, please 252 -8411. Thank you. Enclosure FLORIDA POWER & LIGHT COMPANY 16 C4 First Revised Sheet No. 9.495 Cancels Original Sheet No. 9.495 64*2�t 7ZZ -):S -Zzv �,;r.a^y7Z5'33i39 COMMERCIAL /INDUSTRIAL DEMAND REDUCTION RIDER AGREEMENT YH , / This Agreement is made this /-3 day of No ✓EH,3&_ J o2Dp 7 , by and between ,i/eA 6,fy Oe/o.- c ,,,; , -d, a (hereinafter called the "Customer"), located at yAA,,4o `%S/ ^T ,eo //2 in IVAPlr -3 , 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: 1. The Company agrees to furnish and the Customer agrees to take electric 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 Commission ( "Commission'). The Customer understands and agrees that, whenever reference is made in this Agreement to Rider CDR, 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. 2. Service under Rider CDR 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 termination. 3. Service under Rider CDR will be 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 -Firm Service -Terms and Conditions, or any other Commission determination(s). 4. The Customer agrees to not exceed a usage level of c� 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 "Firm Demand" level (as applicable) shall not be exceeded during periods when the Company is controlling load. Upon mutual agreement of the Company and the Customer, the Customer's "Firm 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 Customer's load. The Customer shall notify the Company, in writing, at least ninety (90) days prior to adding firm load. 5. Prior to the Customer's 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 not for the purpose of, and the Customer is not to rely upon any such inspection(s) for, determining whether the load control equipment and/or backup generation equipment 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 (Continued from Sheet No. 9.495) Second Revised Sheet No. 9.496 Cancels First Revised Sheet No. 9.496 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) perform the necessary changes to allow control of a 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. 8. 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. This 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 of the date of the test, and the Company shall be afforded the opportunity to witness the test. The test of the load control equipment will consist of a period of load control of not less than one hour. Effective upon the completion of the testing of the load control equipment and/or backup generation equipment, the Customer will agree to a "Firm Demand ". Service under Rider CDR cannot commence prior to the installation of load control equipment or any necessary backup generation equipment and the successful completion of the test. 9. In order to minimize the frequency and duration of interruptions under the Commercial Industrial Demand Reduction Rider, the Company will attempt to obtain reasonably available additional capacity and/or energy under the Continuity of Service Provision in Rider CDR. The Customer roes no lect to continue taking service under the Continuity of Service Provision. Service will be provided only if capacity and/or energy can be obtained by the Company and can be transmitted and distributed to non - firm Customers without any impairment of the Company's system or service to firm Customers. The Customer may countermand the election specified above by providing written notice to the Company pursuant to the guidelines set forth in Rider CDR. The Company's obligations under this Section 9 are 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 and/or backup generation equipment fails to permit the Company to effect control of the Customer's load. Prior to any such termination, the Company shall notify the Customer at least ninety (90) days in advance and describe the failure or malfunction of the Customer's load control equipment and/or backup generation equipment. The Company may then terminate 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 and/or 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 firm service rate schedule, and to apply the rebilling and penalty provisions enumerated under "Charges for Early Termination" in Rider CDR. 11. 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 assigned by the Customer without the prior written consent of the Company. The Customer shall, at a minimum, provide to the Company a copy of the articles of incorporation or partnership agreement of the proposed 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 Company's "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 16C4 First Revised Sheet No. 9.497 r u"Mlw � rvrr cia a wvn i �vmrnn I l angels Vrlgmaj Jneet rvo. 9.49'/ (Continued from Sheet No. 9.496) IN 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) Company c�o�Pn ATTEST Dwi t E,'trock,- .Clerk • rattesRealttxaGLAeitPleit+ s sipaature only FLORIDA POWER & LIGHT COMPANY Name: Ef2NC -i %< <% ycn�z =ivc�a BOAkL 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 DISTR By: Aafnes Coletta, Chai man Approved at to form aai legal sufficiency: By:— Assistant County Attorney Issued by: S. E. Romig, Director, Rates and Tariffs Effective: March 7, 2003 1 z Fifth Revised Sheekoi.680 FLORIDA POWER & LIGHT COMPANY Cancels Fourth Revised Sheet No. 8.680 COMMERCIAL/INDUSTRIAL DEMAND REDUCTION RIDER (CDR) (OPTIONAL) AVAILABLE: In all territory served. Available to any commercial or industrial customer receiving service under Rate Schedules GSD -1, GSDT -I, GSLD -1, GSLDT -I, GSLD -2, GSLDT -2, GSLD -3, GSLDT -3, or HLFT through the execution of a Commercial/Industrial Demand Reduction Rider Agreement in which the load control provisions of this rider can feasibly be applied. LIMITATION OF AVAILABILITY: 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 Electric Service - Terms; and Conditions or any other Commission determination. APPLICATION: For electric service provided to any commercial or industrial customer receiving service under Rate Schedule GSD -1, GSDT -I, GSLD -I, GSLDT -1, GSLD -2, GSLDT -2, GSLD -3, GSLDT -3, or HLFT who as a pan of the Commercial/Industrial Demand Reduction Rider Agreement between the Customer and the Company, agrees to allow the Company to control 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 load. A Customer shall enter into a Commercial/Industrial Reduction Demand Rider Agreement with the Company to be eligible for this Rider. To establish the initial qualification for this Rider, the Customer most have had a Utility Controlled Demand during the summer Controllable Rating Period (April 1 through October 31) for at least three out of seven months of at least 200 kW greater than the Finn Demand level specified in Section 4 of the Commercial/Industrial Demand Reduction Rider Agreement. The Utility Controlled Demand shall not be served on a firm service basis until service has been terminated under this Rider. LIMITATION OF SERVICE: Customers participating in the General Service Load Management Program (FPL "Business On Call" Program) are not eligible for this Rider. MONTHLY RATE: All rates and charges under Rate Schedules GSD -1, GSDT -1, GSLD -1, GSLDT -I, 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 ADMINISTRATIVE ADDER: Rate Schedule Adder GSD -1, HLFT (21 -499 kW) $53432 GSDT -1, HLFT (21 -499 kW) $528.18 GSLD -1, GSLDT -1, HLFT (500 -1,999 kW) $528.64 GSLD -2, GSLDT -2, HLFT (2,000 kW or greater) $406.65 GSLD -3, GSLDT -3 $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 sum of the Customer's kWh usage during the hours of the applicable Controllable Rating Period less the sum of the Customers 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 (Continued from Sheet No. 8.680) CONTROLLABLE RATING PERIODS: 16 C4 Second Revised Sheet No. 8.681 Cancels First Revised Sheet No. 8.681 November I through 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. April 1 through 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 Demand shall be the lesser of the "Firm Demand" level specified in the Commercial/Industrial Demand Reduction Rider Agreement with the Company, or the Customer's maximum demand during the applicable Controllable Rating Period. The level of "Firm Demand" specified in the Commercial/ ndustrial 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 Customers controllable load served under this Rider is subject to control when such control alleviates any emergency conditions or capacity shortages, either power supply or transmission, or whenever system load, actual or projected, would otherwise 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 output, which may overstress the generators. Freauencv: The Control Conditions will typically result in less than fifteen (15) Load Control Periods per year and will not exceed twenty -five (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. Notice: 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) boors 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 the purchase 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 (1) hours notice. Customer Responsibility: Upon the successful installation of the load control equipment, a test of this equipment will be conducted as specified in the Commercial/ Industrial Demand Reduction Demand Rider Agreement. Testing will be conducted at a mutually agreeable time 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 Commercial/Industrial Demand Reduction Rider Agreement. The Company will control the controllable portion of the Customers service for a one -hour period (typically within the Controllable Rating Periods) once per year for Company testing purposes on the first Wednesday in November or, if not 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: the Customer's load is controlled, or the Customer is billed pursuant to the Continuity of Service Provision. (Continued on Sheet No. 8.682) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: March 30, 2004 FLORIDA POWER & LIGHT COMPANY (Continued from Sheet No. 8.681) PROVISIONS FOR ENERGY USE DURING CONTROL PERIODS: 16 C4 Second Revised Sheet No. 8.682 Cancels First Revised Sheet No. 8.682 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 to meet its Firm 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 performed at a pre- arranged time and date mutually agreeable to the Company and the Customer (See Special Provisions), or 3. adding firm load that was not previously non -firm 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 closed -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 will be billed, in addition to the normal charges provided hereunder, the greater of the Company's As- Available Energy cost, or the most expensive energy (calculated on a cents per kilowatt-hour basis) that FPL is purchasing 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.A.C. If the Company determines 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 Firm Demand during a period when the Company is controlling load for any reason other than those specified above, then the Customer will be: 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 billed a penalty charge of $0.99 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 Customers kWh usage during the load control period divided by the number of hours in the load control period and the Customer's "Firm 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 Effective: January 1, 2006 16,4 First Revised Sheet No. 8.683 ........... �.....�.,.....,,....�,...�,.. saucers vngrrar meet r4o. mow ( 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 terminate 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 termination. 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 termination, 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 terminate 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 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 credits under this Rider and bill the Customer under the otherwise applicable firm service rate schedule. PROVISIONS FOR EARLY TERMINATION Termination of this Rider, with less than five (5) years' written notice, for which the Customer would qualify, may be permitted if it can be shown that such termination is in the best interests of the Customer, the Company and the Company's other customers. If the Customer no longer wishes to receive electric service in any form from the Company, or decides to cogenerate to serve all of the previously Utility Controlled Demand and to take interruptible standby service from the Company, the Customer may terminate the Commercial Industrial Demand Reduction Agreement by giving at least thirty (30) days' advance written notice to the Company. If service under this Rider is terminated for any reason, the Customer will not be rebilled 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 Commercial /Industrial 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 termination 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 all of the previously utility controlled load and to take interruptible 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) agree(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 F'PL Numeric Commercial/Industrial Conservation Goals. ( Continued on Sheet No. 8.684 ) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: November 15, 2002 16G4 Second Revised Sheet No. 8.684 (Continued from Sheet No. 8.683) In the event the Customer pays the Charges for Early Termination 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 determines that there is no need for the MW reduction in accordance with the FPL Numeric Commercial/Industrial Conservation Goals, then the Customer will be refunded all or part of the rebilling and penalty in proportion to the amount of MW obtained 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. Charges for Early Termination: In the event that: a) service is terminated by the Company for any reason(s) specified in this section, or b) there is a termination 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 different location in the Company's service area, or ii) under a different name or different ownership, or iii) under other circumstances whose effect would be to increase firm 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 curtailable service rate schedule without providing at least five (5) years' advance written notice, then the Customer will be: 1, rebilled $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. I 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 firth 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 ( Continued from Sheet No. 8684 ) CONTINUITY OF SERVICE PROVISION: 16 First Revised Sheet No. 8.685 Cancels Original Sheet No. 8.685 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. The 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 account for, or otherwise reflect in its generation planning and construction, 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 the Customer's non -firm 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 Sheet No. 8.030). This incremental charge shall apply to the customer's non -firm load for all consumption above the Customer's Firm Demand during the time in which the non -firm load would otherwise have been controlled. If, for any reason during such period, this capacity and/or energy is (are) no 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 elect to minimize the interruptions through the procedure described above. The initial election must be 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' written notice (not including holidays and weekends) and must be by mutual agreement, in writing, between the Customer and the Company. In such case, the written notice will replace any prior election with regard to 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. DEFINITIONS: Generating Capacity Emergency: A Generating Capacity Emergency exists when any one 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 governmental bodies, explosions, fires, floods, lightning, wind, accidents to 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 16 C4 Pagel of 3 GulianiKaren From: palmer_t Sent: Tuesday, October 16, 2007 5:02 PM To: GulianiKaren Subject: RE: FW: FPL Agreement/South Water Plant- RO Service-- Please review Executive Summary & Agreement YES. Tom Palmer From: GulianiKaren Sent: Tuesday, October 16, 2007 4:43 PM To: palmer_t Cc: GulianiKaren Subject: FW: FW: FPL Agreement/South Water Plant- RO Service -- Please review Executive Summary & Agreement Tom This is FPL's response to a request to change the signature page. May I just neatly print or type in the change? Thanks for your help, Karen B. GuAani, P.E. Principal Project Manager Collier County Public Utilities Engineering Department 4370 Mercantile Avenue Naples, FL 34104 -3346 239.252.6083 Fax: 239.252.6460 Cell: 239.877.8280 From: Kathryn_Donofrio @ fpl.com [ mailto:Kathryn_Donofrio @fpl.com] Sent: Tuesday, October 16, 2007 3:48 PM To: GulianiKaren Cc: InzanoFrank; Ernie_Plasencia @fpl.com Subject: Re: FW: FPL Agreement/South Water Plant- RO Service -- Please review Executive Summary & Agreement Hi Karen, Ibis page is part of an approved Florida Public Service Commission tariff, (filed and approved regarding form and content). So we can not remove text, cut/paste the document, etc. as I have been told that these types of changes require PSC filing/approval. However, if you would like to add any of this title information, you can write it in. Or if you have a stamp with the information you desire, you can place it in the blank area at the bottom of the page. 11/9/2007 Please call with questions. Thanks, Kate "GulianiKaren" <karenguliani @colliergov.net> 15M 16 C4 Page 2 of 3 "GulianiKaren" To: Kathryn_donofrio@FPL.com < karenguliani @colliergov.net>cc: "InzanoFrank" <FrankInzano @colliergov.net>, "GulianiKaren" <karenguliani@colliergov. net> 10/16/2007 02:05 PM Subject: FW: FPL Agreement/South Water Plant- RO Service- - Please review Executive Summary & Agreement Is it possible to modify the signature page with the attached? And to get Ernie to re -sign? Appreciate your help, Karen B. GuPani, P.E. Principal Project Manager Collier County Public Utilities Engineering Department 4370 Mercantile Avenue Naples, FL 34104 -3346 239.252.6083 Fax: 239.252.6460 Cell: 239.877.8280 From: palmer_t Sent: Tuesday, October 16, 2007 1:58 PM To: wides_ tom; GulianiKaren; perryman_d Cc: InzanoFrank Subject: RE: FPL Agreement /South Water Plant- RO Service -- Please review Executive Summary & Agreement I recommend that the Executive Summary be amended as highlighted in yellow. The correct County's signature block for this Agreement is attached. This text should be added to the left side of the Signature Page in lieu of what's there now. Tom Palmer 11/9/2007 ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk BOARD 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. M Approved at to form and legal sufficiency: By: Assistant County Attorney James Coletta, Chairman 16 C4 "/1310 -7 Executive Summary �0 C 4 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 currently 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 10 %) of the electrical utility bill. To comply with this savings, the county allows the transfer of the system's electrical load from FP &L to the SCRWTP emergency generators when activated by a FP &L load control relay. This FP &L protocol is a typical commercial /industrial operational arrangement for facilities with onsite emergency electrical generators. If a FP &L control relay fails to activate the plant's emergency generator system, the electrical service would switch back to the FP &L power. FP &L normally activates this feature 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 North 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 CDR 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 408). 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 i 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 Governing 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 Department. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The com pie led routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through N4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines 41 through q4, complete the checklist, and forward to Sue Filson (line 45). Route to Addressee(s) (List in routing order) Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) 11/13/07 2. Chairman James Coletta BCC Agenda Item Number 16D <-Z 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee Deferral Agreement Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION ('rhe primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Human Services (Initial) Applica ble) Agenda Date Item was 11/13/2007 Agenda Item Number 16D <-Z Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Agreement Number of Original I Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board �, 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's 731AW Office has reviewed the changes, if applicable. I Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to Frank Ramsey [HIS 3301 E Tamiami Trail Naples, FL 34112 File# 08- 046 -IF 4095522 OR. 4302 PG; 3195 RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL 11/14/2007 at 02:OOPN DWIGHT B. BROCK, CLERK RIC PER 27.00 COPIES 3.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this J_ day of October, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of 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. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 46/100 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 event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any 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 after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page 1 of 2 OR: 4302 PG: 3196 declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs ,. { incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER 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 deferred impact fees shall be immediately repaid to 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 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. B.ROC?i;0lerk G . u. � �L Last as' _t.1 l , Deputy Clerk SImii44 'onl• i BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 41-�n C3- JA ES COLETTA, Chairman / DEVELOPER: Habitat for Humanity of Collier County, Inc. M rs , Tit . President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this J_ day of October, 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who_ is _sL nally_ known to me or has produced as identification. w CREDO. Ml' COMMISaIU� � Un5903 ix '. d IXPIR(S Aubval �9. 010 �( �aixti)- NOiAav YI ti i D -�x+mP .w C.. � to form and legal Jeffrey K zkow Chief A ist County Attorney (Signature of Notary Public) (Print Name of Notary Public) Recommend appr al: Marley Krumbine; Director of Housing & Human Services Page 2 of 2 * ** OR; 4302 PG; 3197 * ** EXHIBIT "A" LEGAL DESCRIPTION 16,72 Lot 131, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved _/_/_ Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL AC OMPPA NY ALL ORIGINALKDOCUMENTTS SE T TOSLIP 16 D.3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original document, should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item_) ROUTING SLIP Complete routing lines Nl through 44 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throng routing lines 41 through N4, complete the checklist, and forward to Sue Filson (line 45). Route to Addressee(s) (List in routing order) Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) 11/13/07 2. Chairman James Coletta BCC Agenda Item Number 16D �3 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee Deferral Agreement Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Human Services (Initial) Applicable) Agenda Date Item was 11/13/2007 Agenda Item Number 16D �3 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Fomrs/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's 1114 n/a Office and all other parties except the BCC Chairman and the Clerk to the Boards 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Fomrs/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 4095523 OR; 4302 PG; 3198 RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL Return to 11/14/2007 at 02:00H DWIGHT B, BROCK, CLERK Frank Ramsey REC FIB 27.00 nns COPIES 3.00 3301 E Tsmiami Trail Retn: Naples, FE 34112 CLERK TO THE BOARD File# 08- 047 -IF INTEROFFICE 4TH FLOOR BKT 7240 % .3 j� 6 This space for recording •L LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this t day of October, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of 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. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 46/100 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 event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any 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 after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page 1 of 2 OR: 4302 PG: 3116 declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER 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 deferred impact fees shall be immediately repaid to 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 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:. DWI15hT E. BROC ,"" ,erk B Deputy Clerk Atti�i ,s td CM ire" I signature onl• BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:o MES COLETTA, Chairman DEVELOPER: Habitat for Humanity of Collier Count , Inc., By: Samuel J. urso, r4.D. Title: President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of October, 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is ep rsonal� kno_ wn_tome or has produced as identification. �QIIA� ie loi UDS00"0 , COMMItia I» 2010 kiti XpjitFS .pan IYAM4tN Ol M1ftY Appro d as lo form and legal fi e t � 7 Jeffrey A Cla cow Chief Ass tan County Attorney (Signature of No � ublic) (Print Name of Notary Public) Recommend ap oval: ri cy Krumbin , birector of Housing & Human Services Page 2 of 2 * ** OR; 4302 PG; 3200 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 132, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, 1693 inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved _" Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Anach to original document. Original documents should be hand delivered to the Board OIn cc The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item_) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through 44, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) 11/13/07 2. Chairman James Coletta BCC Agenda Item Number 16D 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed I 4. Impact Fee Deferral Agreement Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Human Services (Initial) A plicable) Agenda Date Item was 11/13/2007 Agenda Item Number 16D Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed I Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) A plicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, _XP resolutions, etc. signed by the County Attorney's Office and signature pages from 71--, contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. - 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain 7 _ time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 4095524 OR; 4302 PG; 3201 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL Return to 11/14/2007 at 02:00PN DWIGHT B. BROC%, CLERK REC FEE 27.00 Frank Ramsey COPIES 3.00 HHS Retn: 3301 E Tamiami Trail Naples, Fl, 34112 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 1 I 6 D 4 File# 08- 048 -IF BIT 7240 This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE 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 "Habitat for Humanity of 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. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 46/100 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 event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any 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 after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page 1 of 2 OR; 4302 PG; 3202 declare that the deferred impact fees are then in default and immediately due and payable. T COUNTY shall be entitled to recover all fees and costs, including attorney's fee and cos1604 incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER 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 deferred impact fees shall be immediately repaid to 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 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:, DWI,04T.E. B7tOCk'Xlerk Attast` es'tb �'lieln�ean s BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, F RIDA -{ By_ 13 Deputy Clerk J MES COLETTA, Chairman DEVELOPER: Habitat for Humanity of Collier County, Inc. Samuel J. Title: Pr-e: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this y day of October, 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me or has produced as identification. form and legal Jeffrey KIAZkow Cl ef As st all County Attorney (Signature of Notary Public) (Print Name of Notary Public) Rec mend approval: y Krumbinell Director of Housing & Human Services Page 2 of 2 Q� DO y�e� 1,Np11$510 D D 90339 21,, 2010 w form and legal Jeffrey KIAZkow Cl ef As st all County Attorney (Signature of Notary Public) (Print Name of Notary Public) Rec mend approval: y Krumbinell Director of Housing & Human Services Page 2 of 2 * ** OR; 4302 PG; 3203 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 133, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAY, Approved _/_/_ Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 � 14 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents >hould he hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to tte Board Of-ice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the osnention of the Chairman's signature_ draw a line through roulin lines #1 through 44, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1.Frank Ramsey Housing and Human Service Ti--- 11/13/07 2. Chairman James Coletta BCC Agenda Item Number 16D 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, 4. Impact Fee Deferral Agreement Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval, Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item ) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Human Services (Initial) Applica ble) Agenda Date Item was 11/13/2007 Agenda Item Number 16D Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Impact Fee Deferral Agreement Number of Original I Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's —�C n/a Office and all other parties except the BCC Chairman and the Clerk to the Board �J 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 4095525 OR: 4302 PG: 3204 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL Returnto 11/14/2007 at 02:00H DWIGHT H. BROCK, CLERK RBC FEE 27.00 Frank Ramsey COPIES 3.00 11115 3301 F. Tamiami Trail Retn; Naples, FL 34112 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR File #08 - 049 -IF EKT 7240 16 DS This space for recording LIEN AGREEMENT WITH DEVELOPER 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 "Habitat for Humanity of 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. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 46/100 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 event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any 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 after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page 1 of 2 OR; 4302 PG; 3205 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 cosl,6 ® 5 incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER 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 deferred impact fees shall be immediately repaid to 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 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 abovd'written. Attest: DAWV T'E.- Af3ICK, Clerk - ,Deputy Clerk Att�3I' to Chai►maA s signature on]. BOARD OF COUNTY COMMISSIONERS COLLIER C LINTY, LORIDA By: AMES COLETTA, Chairman DEVELOPER: Habitat for Humanity of IC STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of October, 2007, by Samuel J. Durso, M.D. as President for Habitat or Humanity of Collier County, Inc. who is personally known to me or has produced as identification. �1 legal (Print Name of Notary Public) Rec mmend appr val. Jeffrey tzkow 'Marcy Krumbinc, Director of Chief sis t County Attorney Housing & Human Services Page 2 of 2 NORMALA =CREDO M \' I'[kMU1OR DD5903y% "10 cpIXCS. ,vug x29.2010 legal (Print Name of Notary Public) Rec mmend appr val. Jeffrey tzkow 'Marcy Krumbinc, Director of Chief sis t County Attorney Housing & Human Services Page 2 of 2 * ** OR; 4302 PG; 3206 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 134, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved _/_/_ Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines 41 through p4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the _ i.—l— a.a,,, a 6nr thrnngh n sting line, 41 through 44 complete the checklist, and forward to Sue Filson (line N5). Route to Addressee(s) List in routing order) Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) 11/13/07 2. Chairman James Coletta BCC Agenda Item Number 16D -� 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee Deferral Agreement Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only atier the BCC has acted to approve the Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Human Services (Initial) Applicable) Agenda Date Item was 11/13/2007 Agenda Item Number 16D -� Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9 .03 04, Revised 1 26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, �r9 resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the y� document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. J 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's -�44 ELI Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9 .03 04, Revised 1 26.05, Revised 2.24.05 4095526 OR; 4302 PG; 3207 RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL Return to 11/14/2007 at 02:0OPN DWIGHT B. BROCK, CLERK Frank Ramsey RBC FEE 27,00 nHS COPIES 3.00 3301 F.TamiamiTrail Retn: Naples, FL 34112 CLERK TO THE BOARD File# 08- 050 -IF INTEROFFICE 4TH FLOOR SET 7240 1606 This space for recording LIEN AGREEMENT WITH DEVELOPER 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 "Habitat for Humanity of 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. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit `B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 46/100 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 event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any 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 after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page 1 of 2 OR; 4302 PG; 3208 6 declare that the deferred impact fees are then in default and immediately due and payable. The" COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER 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 deferred impact fees shall be immediately repaid to 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 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.BROC ,, Clerk Y , f Deputy Clerk ALt�st.aftaChalrsan signature oal. STATE OF FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: � �- ES COLETTA, Chairman DEVELOPER: Habitat for Humanity of Collier County, Inc. Title: M.D. COUNTY OF COLLIER C�! The foregoing instrument was acknowledged before me this � day of October, 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who_is personally_ kn me or has produced as identification. \Al COMMISSION;! WMOiiX CXIIKI form and legal Jeffrey hief Kl�zkow C As stam�tt County Attorney 7 (Signature of Notary Public) �A (Print Name of Notary Public) Recommend app oval: ey Krumbin , irector of Housing & Human Services Page 2 of 2 * ** OR; 4302 PG; 3209 * ** EXHIBIT "A" LEGAL DESCRIPTION 1 6 D 6 Lot 135, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $62.08 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee $1,659.00 F. Educational Facilities System Impact Fee $2,862.00 G. Road Impact Fee $6,059.00 H. Government Buildings Impact Fee $410.00 1. Law Enforcement Impact Fee $171.61 J. Water Impact Fee $3,415.00 K. Sewer Impact Fee $3,515.00 TOTAL IMPACT FEES $19,372.46 JAK Approved /_ /_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Of ice. The completed routing slip end ongina] documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through 44 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the _. . . . I n...,. MI o,.,,,,,,h da — renlete the chenklm and forward to Sue Filson (line #5). ure, urew 6 uuc mu a exception Of the Challman5 51 nat w Route to Addressee(s) (List in routing order I.Frank Ramsey w. a iu,.o „ ......... ... .... ....... ._._ . , -- Office Housing and Human Service Initials -�/' V �` Date 11/I3/�7 2. Chairman James Coletta BCC (Initial) Applicable) 3. 11/13/2007 Agenda Item Number 16D — 1— 4. signed by the Chairman, with the exception of most letters, must be reviewed and signed 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original 1 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the Item. Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Human Services (Initial) Applicable) Agenda Date Item was 11/13/2007 Agenda Item Number 16D — 1— Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached resolutions, etc. signed by the County Attomey's Office and signature pages from Documents Attached iNQTi21T1- Tiif1NR & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03 04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A' in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, / � resolutions, etc. signed by the County Attomey's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's / F� n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the ,_.,!,0 document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC oflice within 24 hours of BCC approval. - Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03 04, Revised 1.26.05, Revised 2.24.05 4095521 OR; 4302 PG; 3210 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/14/2007 at 02:OOPN DWIGHT B. BROCH, CLERK Return to REC FEB 27.00 Frank Ramsey COPIES 3.00 IIHS Retn: 3301 E Tamiami Trail CLERK TO THE BOARD Naples, FL 34112 1607 INTEROFFICE 4TH FLOOR File# 08- 051 -IF BIT 7240 This space for recording LIEN AGREEMENT WITH DEVELOPER 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 "Habitat for Humanity of 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. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit `B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 46/100 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 event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any 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 after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page 1 of 2 OR; 4302 PG; 3211 declare that the deferred impact fees are then in default and immediately due and payable. e , � COUNTY shall be entitled to recover all fees and costs, including attorney's fee and co s incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER 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 deferred impact fees shall be immediately repaid to 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 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 ;EE WV , Clerk y. Deputy Clerk s t Cv . to �h ft %%n s can,r�. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: G MES COLE A, C airman DEVELOPER: Habitat for Humanity of Collier County, Ing.�� ,/ Samuel J,- fnurso, M.D. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this __/_ day of October, 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me or has produced as identification. =NORIIA A L0 A- TRE.10 .NISSIONp DU490378 ESAUgust J`, ZUIO Noiwv Dswwi ASU_Ca. and Jeffrey tzkow Cl ief s is t County Attorney r - ( ignature of Notary Public) I �r r tl lore. � Z (Print Name of Notary Public) Recommend approval: ..M cy Krurnbin , irector of Housing & Human Services Page 2 of 2 * ** OR; 4302 PG; 3212 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 136, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved /_ /_ Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 , so, TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered m the Board 01ficc. The completed routing as and original documents are to be forwarded tc the Board Office only after the Board has taken action on the '[cutJ ROUTING SLIP Complete routing Iines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the _ — _ 1:_...1.... a....., ;— u.,..1 at r6 ....... h sa rmmnl,ue the checklist and forward to Sue Filson (line #5). exception or me �nauutu, . s, ..ow.,;. „ �a .................. ........... Route to Addressee(s) (List in routing order) I.Frank Ramsey ....... ., ......._o_ . __ _._ Office Housing and Human Service Initials Date 11/13/07 2. Chairman James Coletta BCC (Initial) Applicable) 3. 11/13/2007 Agenda Item Number 16D — 4. signed by the Chairman, with the exception of most letters, must be reviewed and signed This includes from ordinances, 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original 1 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the Item.) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Human Services (Initial) Applicable) Agenda Date Item was 11/13/2007 Agenda Item Number 16D — Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed This includes from ordinances, Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1 26.05, Revised 2.24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed This includes from ordinances, by the Office of the County Attorney. signature pages resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's n/a Office and all other 2arties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the 7e e document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's 'yam signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1 26.05, Revised 2.24 05 Return to 4095528 OR; 4302 PG; 3213 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/14/2007 at 02:00PW DWIGHT E. BROCK, CLERK RBC FBI 27.00 COPIES 3.00 Frank Ramsey Retn: HHs CLERK TO THE BOARD 3301 E'ramiami Trail Naples, Fl, 34112 INTEROFFICE 4TH FLOOR BIT 7240 1608 File# 08- 052 -IF This space for recording LIEN AGREEMENT WITH DEVELOPER 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 "Habitat for Humanity of 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. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit `B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 46/100 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 event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any 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 after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page 1 of 2 OR: 4302 PG: 3214 declare that the deferred impact fees are then in default and immediately due and payable. T1 [ � "! 8 COUNTY shall be entitled to recover all fees and costs, including attorney's fee and cost s, V U incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER 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 deferred impact fees shall be immediately repaid to 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 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 Deputy Clerk Atte'gf,ks ;tb' 0a Inman s signature oal• BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ► W J ES COLETTA, Chairman DEVELOPER: Habitat for Humanity of Collier County, Inc.-, C STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 4L day of October, 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is_-Rersonally known to me or has produced as identification. -TREJO �% �Gt (S`gnature of Notary Public) MY COMMISSIUN?DD59037� ire' [XPIRE$: AUbus,uj1'n�o <tcb. bXW3- NOTpNV YI. ;:oiay Oiic. form and legal / jfil Il LL (e'f& 4 -1 (Prprt Name of Notary Public) — Al—, ---(? Jeffrey K zkow - at'cy Krumbin , Director of Chief As st County Attorney Housing & Human Services Page 2 of 2 * ** OR: 4302 PG: 3215 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 137, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved _ /_ /_ wm'* Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIF1 L 0 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO W6 V THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should tic hand delivered to the Board Office. The completed routing slip and original documents are to be finwardcd to the Board Office only after the Board has taken action on tite lent_) ROUTING SLIP Complete routing lines is I through 44 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the - a- ......, n__ a..,.,,..h .,...d,,.. li— R 11 --uh &a rnmelote the checklist and forward to Sue Filson (line #5). .x1e "oo V, uic ♦.....o , a a, 6..vau. �s v. v.. .. ....� ........ .... Route to Addressee(s) (List in routing order) 1.Frank Ramsey ..... ...... . . .. ...v . Office Housing and Human Service Initials Date 11/13/07 2. Chairman James Coletta BCC (Initial) Applicable) 3. 11/13/2007 Agenda Item Number %f 16D --tI 4. signed by the Chairman, with the exception of most letters, must be reviewed and signed _ �r 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original I 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the tem. Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Human Services (Initial) Applicable) Agenda Date Item was 11/13/2007 Agenda Item Number %f 16D --tI Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed _ �r Type of Document Impact Fee Deferral Agreement Number of Original I Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26 -05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed _ �r by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. �- 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. - Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26 -05, Revised 2.24.05 4095529 OR: 4302 PG: 3216 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/14/2007 at 02:00PN DWIGHT E. BROCK, CLERK Return to RBC FBI 27.00 COPIES 3.00 Frank Ramsey Retn: nns CLERK TO THE BOARD 3301 E Tamiami Trail Naples, FL 34112 INTEROFFICE 4TH FLOOR BKT 7240 File# 08- 053 -IF s-• This space for recording 6 Li LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this _y__ day of October, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of 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: This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit `B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two an d 46/100 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 event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any 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 after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page 1 of 2 OR: 4302 PG: 3211 declare that the deferred impact fees are then in default and immediately due and payable. fl COUNTY shall be entitled to recover all fees and costs, including attorney's fee and .,cL(osTS, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER 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 deferred impact fees shall be immediately repaid to 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 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: DWIGHUV.43$OCK, Clerk est as <w; hi ft s Deputy Clerk S f 4tatuo oa l 4 BOARD OF COUNTY COMMISSIONERS COLLIER COIJNTY, F ORIDA By: J MES COLETTA, Chairman DEVELOPER: Habitat for Humanity of Collier County, Inc. By: am el J. so, M. . Title: esident STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of October, 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. o is personally known tome or has produced as identification. =CREDO MY COMNISSION'� DD�9033R �'��i� // !iXl'IRPS August ?9. -010 i.1.NUl ARV Approv as form and legal s c Jeffrey A. lat ow Chief Assi an County Attorney (Signature of Notary Public) (Print Name of Notary Public) D ommend ap roval: I arcy Krumbi e, Director of Housing & Human Services Page 2 of 2 * ** OR: 4302 PG: 3218 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 138, Trail Ridge, according to the plat thereof, 1 6 D 9 as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT `B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $62.08 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee $1,659.00 F. Educational Facilities System Impact Fee $2,862.00 G. Road Impact Fee $6,059.00 H. Government Buildings Impact Fee $410.00 I. Law Enforcement Impact Fee $171.61 J. Water Impact Fee $3,415.00 K. Sewer Impact Fee $3,515.00 TOTAL IMPACT FEES $19,372.46 JAK Approved _ /_ /_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP L TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO U THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document, Original doauncnts should be hand delivered to the Board Off cc. The completed routing slip and on 'ill a] documents are to he forwarded to the Board Of cc only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines 41 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the 41 th �h #4 com fete the checklist an d forward to Sue Filson (line 45). exception of the Chairman's si nature, draw a line thr h Route to Addressee(s) (L.Fra routing order 1.Frank Ramsey routing Imes rou Office Housing and Human Service Initials ��t Date 11/13/0% 2. Chairman James Coletta BCC (Initial) Applicable) 3. 11/13/2007 Agenda Item Number 16D .- i 4. signed by the Chairman, with the exception of most letters, must be reviewed and signed 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original l 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC: office only after the BCC has acted to approve the item.) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Human Services (Initial) Applicable) Agenda Date Item was 11/13/2007 Agenda Item Number 16D .- i Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document impact Fee Deferral Agreement Number of Original l Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INCT121T1-T1nNV & CHECKLIST I: Fortes/ County Forms/ BCC Forms / Original Documents Routing Slip W W S Original 9 03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and 2ossibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Fortes/ County Forms/ BCC Forms / Original Documents Routing Slip W W S Original 9 03.04, Revised 1.26.05, Revised 2.24.05 Return to 4095530 OR: 4302 PG: 3219 RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, FL 11/14/2007 at 02:00PN DWIGHT B, BROCK, CLERK RBC FEB 27.00 COPIES 3.00 Frank Ramsey Retn: HHS CLERK TO THE BOARD 3301 E Tamiami Trail INTEROFFICE 4TH FLOOR Naples, FL 34112 BIT 1240 ] L i.1 1 File# 08- 054 -IF / CJ This space for recording LIEN AGREEMENT WITH DEVELOPER 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 "Habitat for Humanity of 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. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 46/100 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 event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any 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 after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page 1 of 2 6 'J 10 OR. 4302 PG; 3220 declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER 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 deferred impact fees shall be immediately repaid to 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 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:, .- DWIG4T'V-,,)3R CK, Clerk Attest as to Ch&Iirae S , Deputy Clerk signeturt * 0 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, F ORIDA By: 1 } MES COLETTA, Chairman DEVELOPER: Habitat for Humanity of STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of October, 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me or has produced as identification. �, RA- iREJO. MY COM�AISSION < INSU�i3 ?K � � exviers:n,�eus�rzzaw imxia.HOrnav ri rnnwy m.�.,.�� n �.� cu r and legal Jeffrey tzkow Chief A sis t County Attorney (ignature of Notary Public) / Ali, (Print Name of Notary Public) =Krumbine, r of Housing & Human Services Page 2 of 2 * ** OR; 4302 PG; 3221 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 155, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT `B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved _ /_/ 16010 Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 169 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO �9 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the V ,.,...,.,ia.,. rho h,rk lice and forward to Sue Filson (line #5). 11 exception of the Chairman's si nature, draw a ime mruu n Route to Addressee(s) (List in routing order) 1.Frank Ramsey unu111 anon I � L11..,.. L , -, - �•••r• -•- - _ _..__......., __ Office Housing and Human Service Initials Date 11/13/07 2. Chairman James Coletta BCC (Initial) Applicable) 3. 11/13/2007 Agenda Item Number 16D 4. signed by the Chairman, with the exception of most letters, must be reviewed and signed ,� ,• 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original I 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Human Services (Initial) Applicable) Agenda Date Item was 11/13/2007 Agenda Item Number 16D Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed ,� ,• Type of Document Impact Fee Deferral Agreement Number of Original I Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I Forms / County Fortes/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26 -05, Revised 2.24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (Ail documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed ,� ,• by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. - 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines. 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I Forms / County Fortes/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26 -05, Revised 2.24 05 Return to 4095531 OR: 4302 PG: 3222 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/14/2007 at 02:00PN DWIGHT E. BROCE, CLERK RIC FIR 27.00 COPIES 3.00 Frank Ramsey Ratn: Ilus CLERK TO THE BOARD 3301 E Tamiami Trail Naples, FL 34112 INTEROFFICE 4TH FLOOR SET 7240 16 � � File# 08- 055 -IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 4- day of October, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of 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. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit `B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 46/100 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 event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any 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 after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page 1 of 2 OR: 4302 PG: 3223 declare that the deferred impact fees are then in default and immediately due and payable. "I he COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER 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 deferred impact fees shall be immediately repaid to 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 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: DiWY6 I' - BROCK, Clerk Deputy Clerk Attest as to Chatrwstl Y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ES COLE A, Chairman DEVELOPER: Habitat for Humanity of Collier County, Inc._ , C Title STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of October, 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is pejjo_na!�y known to me or has produced as identification. CREDO Rf�coMNlSa ous )0339 u� LXPIRCS Aug a19 22'0 ��Fh�PO Y h 1N I ui�l (v w. Co.7 i -na 5e�rnar �'y form and Chief VssisWt County Attorney (Signature of Notary ,Public) �r�q (Print Name of Notary Public) Recommend ap oval: J,ti12 Marcy Krumbin irector of Housing & Human Services Page 2 of 2 * ** OR; 4302 PG; 3224 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 156, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved _ /_ /_ 16D11 Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Off¢e. The completed routing slip and original documents are to be forwarded to the Board OITwc only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the #1 h 44 com [etc the checklist and forward [o Sue Filson (line #5). exception of the Chairman's si nature, draw a line thr h Route to Addressee(s) (List in routin order) 1.Frank Ramsey routing lines t rrm Office Housing and Human Service Initials Date 11/13/07 2. Chairman James Coletta BCC (Initial) Applicable) 3. 11/13/2007 Agenda Item Number l6D ^ 1 L1 4. signed by the Chairman, with the exception of most letters, must be reviewed and signed 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original 1 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Human Services (Initial) Applicable) Agenda Date Item was 11/13/2007 Agenda Item Number l6D ^ 1 L1 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INCTUITCTICINC Rr CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, ' resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's n n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the J document or the final negotiated contract date whichever is a2plicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 Return to 4095532 OR; 4302 PG; 3225 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/14/2007 at 02:OOFM DWIGHT H. BROCK, CLERK REC FEE 27.00 Frank Ramsey COPIES 3.00 Housing and Human Services Retn: 3301 F.TamiamiTrail CLERK TO THE BOARD Naples, Florida 34112 INTEROFFICE 4TH FLOOR File# 08- 071 -IF E1T 7240 16014 This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into thisAY4 day of October, 2007, between Collier County, 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 Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is One Hundred Forty Six Thousand Sixty Four and 64/100 Dollars ($146,064.64). 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 of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any 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 after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page 1 of 2 OR: 4302 PG: 3226 6J declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER 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 deferred impact fees shall be immediately repaid to 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 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 Y� Deputy Clerk 1►tlest'11,;t0 "�N1Ptil1 Y signature onl• Witnesses: Print Name, E�j On A P U/ L Print Name DI i STATE OF FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ES COLETTA, Chairman h DEVELOPER: Homes, LLC BZy_:::� P e : rYr1�/ / ✓�!1 -dam / Title: COUNTY OF COLLIER The foregoing instrument was acknowledged before me this -&-a day October, 2007, by JD%111 Deb�n as V1 ro P c i d" n-4 LENNAR HOMES, LLC, who is personally known to me or has produced identification. i /I [NOTARIAL SEAL] NOTARY PUBLIC- sTATF. OF FLORIDA " "" Jennifer Leigh Ford • Commission # DD680507 '••` Expires: MAY 31, 2011 BONDED THEO ATLANTIC BONDING CO., ING and legal Jeffrey A. lat�ow Chief Assi ant ounty Attorney Recommend rumbiA4 Director of & Human Services Page 2 of 2 of for as 14 * ** OR; 4302 PG; 3227 * ** EXHIBIT "A" LEGAL DESCRIPTION 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 Subdivision as Recorded in Plat Book 43, Pages 46 through 54, of the Public Records of Collier County, Florida (An 8 Unit Condominium Building) EXHIBIT "B" IMPACT FEE BREAKDOWN 9055 Gervais Circle 8 -Unit Building UNIT A UNIT B 1,350 sf Living, 1,543 sf L A. ROADS $ 6,059.00 $ 6,059.00 B. EMS $ 100.59 $ 112.04 C. CORRECTIONAL $ 78.84 $ 90.11 D. LIBRARIES $ 368.18 $ 368.18 E. COMMUNITY PARKS $ 750.00 $ 750.00 F. REGIONAL PARKS $ 1,659.00 $ 1,659.00 G. SCHOOL $ 2,862.00 $ 2,862.00 H. GOVERNMENT BUILDINGS $ 410.00 $ 410.00 1. 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 $ 19,411.94 NUMBER OF UNITS 4 4 TOTALS BY UNIT TYPE $68,416.88 $77,647.76 TOTAL IMPACT FEES $146,064.64 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 'f [6 D g TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .( THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be for"arded to the Board 0j lice only aver the Board has taken action on the item -) ROUTING SLIP Complete routing lines #1 through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ..u...,i;- ....A f".. -,i n, Sne Rilann (line #5). exception of the Chairman's signature, draw a lure mrou n Route to Addressee(s) (List in routing order) 1.Frank Ramsey routing lines n r anon- , —, 111- 11 - - Office Housing and Human Service -- - Initials Date 11/13/07 2. Chairman James Coletta BCC Agenda Item Number I6D — 0&— 3. appropriate. 4. Impact Fee Deferral Agreement Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Agenda Date Item was Human Services 11/13/2007 Agenda Item Number I6D — 0&— Approved by the BCC appropriate. Type of Document Impact Fee Deferral Agreement Number of Original I Attached signed by the Chairman, with the exception of most letters, must be reviewed and signed Documents Attached iNCTi?i f1- TCCINC K C'HEC'KLIST I Forrns/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 126.05, Revised 2.24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not (Initial) Applicable) appropriate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's / n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the,J document or the final negotiated contract date whichever is ap licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I Forrns/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 126.05, Revised 2.24 05 Return to 4095533 OR: 4302 PG: 3228 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 1111412007 at 02:00PN DWIGHT B. BROCK, CLERK RBC FBB 21,00 COPIES 3.00 Frank Ramsey Retn: Housing and Human Services 3301 E. Tamiami Trail CLERK TO THE BOARD Naples, Florida 34112 INTEROFFICE 4TH FLOOR EIT 7240 File# 08- 038 -IF 6 15 This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this %Ti✓day of October, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "US Homes /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 Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit `B," the amount of the deferred impact fees is One Hundred Eighty Four Thousand Eight Hundred Eighty Eight and 18/100 Dollars ($184,888.18). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any 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 after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page 1 of 2 OR: 4302 PG: 3229 16L15 declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER 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 deferred impact fees shall be immediately repaid to 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 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` . D. *I T E. BROCK, Clerk Deputy Clerk Attest as tO Chdin"n 'i signature onl$ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 4 By: 3 3' J ES COLETTA, Chairman DEVELOPER: US Homes /Lennar LLC itnes s: Print Name sKv7ta A1� i >W-Name fACr turn 3"ITM]NOW-i1 ' e •1 P ' t Name: zru4o U 41 V. ?W1; if71U Title: k cJ- \ COUNTY OF COLLIER The foregoing instrumentAgreement was acknowled ed before me this October, 2007, by� TPi� as &Vr ifin PZ)d HOMES /LENNAR LLC, who is personally known to me or has produced identification. ll [NOTARIAL SEAL] NOTARY PUBLIC-STATE OF FLORIDA Jennifer Leigh Ford Commission #DD680507 '� Expires: MAY 31, 2011 r:um TBxaAr1AN77CBONDING CO, INC form and legal Jeffrey. Utzkow Chief sis t County Attorney Recommend a proval: - rcy Krumb ne, Director of Housing & Human Services Page 2 of 2 day of for US as * ** OR; 4302 PG; 3230 * ** 161.5 EXHIBIT "A" LEGAL DESCRIPTION • Parcel of Land in Section 23, Township 48 South, Range 26 East Collier County, Florida: • Portion of Tract "E ", Heritage Bay Commons, a Subdivision as Recorded in Plat Book 43, Pages 46 through 54 of Public Records of Collier County, Florida (A 10 unit Condominium Building) EXHIBIT "B" IMPACT FEE BREAKDOWN 9051 GERVAIS CIRCLE 10 -UNIT BUILDING TOTAL IMPACT FEES $ 184,888.18 UNIT A UNIT B 1,357 sf Living, 1,373 Total 1,538 sf Living, 1,681 sf Total A. ROADS $ 6,059.00 $ 6,059.00 B. EMS $ 100.59 $ 112.04 C. CORRECTIONAL $ 79.19 $ 89.82 D. LIBRARIES $ 368.18 $ 368.18 E. COMMUNITY PARKS $ 750.00 $ 750.00 F. REGIONAL PARKS $ 1,659.00 $ 1,659.00 G. SCHOOL $ 2,862.00 $ 2,862.00 H. GOVERNMENT BUILDINGS $ 410.00 $ 410.00 1. 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 $ 17,104.57 $ 19,411.65 NUMBER OF UNITS 4 6 TOTALS BY UNIT TYPE $ 68,418.28 $ 116,469.90 TOTAL IMPACT FEES $ 184,888.18 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 U 7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office- The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the .. .I- .,.,d f.,. —rd to qne Filson (line #5). exception of the Chairman's si mature, draw a line than n Route to Addressee(s) in order) 1.Frank Ramsey routing Imes r t uuou 1+. +, ��___ _�_- - -- - • - - ° °- _ -- Office Housing and Human Service - - - -- Initials Date 11/13/07 2. Chairman James Coletta BCC Agenda Item Number 16D M 3. appropriate. 4. Impact Fee Deferral Agreement Number of Original 1 5. Sue Filson, Executive Manager Board of county Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC' office only after the BCC has acted to approve the item.) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Agenda Date Item was Human Services 11/13/2007 Agenda Item Number 16D M Approvedby the BCC appropriate. Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached signed by the Chairman, with the exception of most letters, must be reviewed and signed Documents Attached Td`rrnlvc e, rMFl4CTdRT I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26 05, Revised 2.24.05 Initial the Yes column or mark "N /A=' in the Not Applicable column, whichever is Yes N/A (Not (Initial) Applicable) appropriate. 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibll State Officials.) have been initialed by the County Attorney's n/a 2. All handwritten strike- through and revisions Office and all other 2arties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26 05, Revised 2.24.05 Return to 4095534 OR: 4302 PG: 3231 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/1412007 at 02:00PN DWIGHT E. BROCK, CLERK RIC FEE 27.00 COPIES 3.00 Frank Ramsey Retn: Collier County HHS CLERK TO THE BOARD 3301 E. Tamiami Trail INTEROFFICE 4TH FLOOR Naples, Florida 34112 File# 08- 033 -IF HIT 7240 16 D 16 This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this _�_ day of October, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Leonardo Diaz Paret and Riselda Diaz Lujan" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 52/100 Dollars ($19,372.52). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5 %) per annum, but in no event shall it exceed twenty -five percent (25 %) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4302 PG: 3232 may, at its sole option, collect the impact fee amount in default as set forth in the Ord' ,� 16 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. S. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIQ ;1' , BROCK, Clerk 4t I!s ib CM i r�lei guty Clerk s i 9riak `"on 1 Wi ses: q.oh rint ame STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: ZCIU}' MES COLETTA, CHAI A OWNE . L onardo Diaz Paret OWNER: Rrse a Di ujan The foregoing Agreement was acknowledged before me this -7� day of oLr 2007, by,, who is personally known to me or has produced as proof of identity. ";�xElo t D5�01.K � 24. >_U to M91 Chief Aslistalt County Attorney Signature of Person Taking Acknowledgment Recommend Appro 1. c -v Lit. Marcy KrumbineNPA Director Collier County Housing and Human Services OR; 4302 PG; 3233 EXHIBIT "A" LEGAL DESCRIPTION 6 Lot 117, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT `B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved _ //_ Amount Owed $100.59 $62.14 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.52 16J1? MEMORANDUM Date: November 15, 2007 To: Tona Nelson Sr. Administration Assistant Parks & Rec. Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Provider Agreement for School Readiness Services Enclosed please find twp (2) orignal documents, as referenced above (Agenda Item #16D17), which were approved by the Board of County Commissioners on Tuesday, November 13, 2007. Please forward a fully executed original to our office once all signatures have been obtained. If you have any questions, please call me at 252 -8411. Thank you. Enclosure (1) a, r SOLiI HbVLST F L O R I D A PROVIDER I. Parties EARLY LEARNING COALITION 2006 -07 tEEMENT FOR SCHOOL READIN 16017 1.) This agreement is made and entered into this 1�_day of Sept 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 °CoaUtlon-) and collier County Government , (child pre provider) With principal Offices located at 3301 B Tamiami Trail Naples Fl 34112 (hereinafter known as "Provider"). II. General: 2.) The Florida Legislature designated the Agency for Workforce Innovation (AWI) as the Lead Agency for Child Care Development Funds provided through 45 CFR98 which includes funds for Schad Readiness and Resource 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 COALITION is the authorized entity for the administration of School Readiness services in Collier, Glades, Hendry and Lee Counties. 3.) The COALITION 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 COALITION 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 behavior. If you knowingly provide false information, omit requested information, 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 to pay back unauthorized subsidy payments, denied further participation in the program and /or referred to the Florida Department of Law Enforcement, Public Assistance Fraud Division for further Investigation. III. Provider Eligibility: 7.) The PROVIDER certifies that they are either a licensed or registered child pre provider pursuant to Chapter 402.301- 319 Florida Statutes; religious exempt faith based provider pursuant to ss 402.316 F.S.; or public or private school provider pursuant th ss 402.305, Florida Statutes. 8.) The PROVIDER agrees that all child pre personnel and teachers are of good moral character and in compliance with Level 2 background screening requirements pursuant to Chapter 435.04 F.S.. At a minimum, each child pre personnel file must contain the following: • Affidavit of Good Moral Character (required annually) • Proof of FDLE clearance (every 5 years) • Proof of FBI clearance o Proof of Lops Law Check Clearance 200&06 ELGSWF School Readiness Prowler Agreement I 16b17 9.) The COALITION has reviewed the providWs information and determined that the provider is eligible to deliver the School Readiness Program. N. Provider Responsibility to Parents: 10.) Parental Aocess/Workina Telephone' — 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.) Parents Rlaht to ad# a copy of records: The PROVIDER agrees that parents have the right to see their child's records arid, upon re quest, will be given copies of their child's records. 12 J 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 PROVI DER, 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 canons 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.) Errsifted Policy PROVIDER agrees not to enroll cry child with the expectation of receiving reimbursement without prior written audhor zatiorn by a representative of Child Care of Southwest Florida, the agency authorized by the COALITION to administer school readiness funding. PROVIDER understands that if child care services are provided without proper aut horizatim, those services will not be eligible for reimbursement. 16.) Child Eligibility 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 tame 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 i km* absences. PROVIDER agrees to submit reimbhmsenent 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. EaM attendance sheet must be signed, in blue or black ink, at the "authorized signature" section in the bottom right hand corner. 18.) Attendance Aud The PROVIDER agrees to record each child's attendance record daily and keep an attendance record on file at facility. PROVIDER understands that the COALITION or designee CCSWFL may audit attendance records at ary 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 forthiximing reimbursement payment 200608 EL"WF School Reed'wom Pfmder AVeement 2 16Di7 rc . T . :Y Each child who is subject to this law must participate in licensed early education or childcare services at least 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 dose 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.) Rabe 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.) Reportino PROVIDER agrees to promptly report all changes such as location or ownership, etc. to CCSWFL prior to the charge. 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.) Holidays and Closings: 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 Collection: 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 tD 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 PROVIDERS 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. 26J Reimbursement : 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 neat reimbursement month. 27.) Reimbursement Report: PROVIDER agrees all attendance documentation submitted for reimbursement will be accurate and supported by the parent's signature on the sign in sheets. 28.) Reconciling Reimbursement : 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 200606 ELCSWF School ReadhMn Provider Agreement 3 16D17 underpayment within 30 days from the date the reimbursement was deposited or mailed. Any underpayments reported 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.) Suspension of Payment: 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 -SWF or CCSWFL may suspend School Readiness Funds to PROVIDERS program even if PROVIDER appeals the action. Upon resolution, a decision will be made by COALITION 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 6OBB -4 of the Florida Administrative Cade. 33.) The PROVIDER understands that they may organize their classrooms and activities as they deem appropriate. 34.) For Prgwarru SeMna Children Birth to Five Yaws the PROVIDER agrees to meet the following standards consistent with the requirements and goals of the school readiness program. • PROVIDERS 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. • PROVIDERS 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: • 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) • Small group, teacher - directed activity • Literacy activities and reading to children a total minimum of 30 minutes per day • 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 dally schedule for infants, toddlers, and young two's children that includes, at the minimum, the following: • Infants are fed and diapered according to their needs and not a class schedule. • Infants and toddlers are free to move around the indoor play area. • Infants are not kept in cribs when awake. 200608 ELCSWF School Readlne Provider Agreement 4 1617 • Infants are not kept in high chairs, playpens or bucket seat tables for long periods 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 fa toddlers and two's. • Children are read to individually or in very small groups, for short periods of time each day. 35.) For Progranis Swdw School Agm the PROVIDER agrees to meet the following standards consistent with the requirements and goals of the school readiness program. • PROVIDER prepares a daily schedule that is flexible, with children transitioning smoothly from one activity to another at their own pace or as a group. • PROVIDER utilizes a wide varlety 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. • 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 aces birth to five veers or older, whether licensed or registered, agree to be in compliance with the educational and other requirements of Section 402 .313, F.S. and Rule 65C -20, F.A.C. Professional Requirements are as follows: • 30 -cock -hour Family Child Care Home training • 5 -clock -hour (or .5 Continue Education Units) Early Literacy and Language Develooment • 10- dock -hours of in -service training (annually) • First Aid and Infant & Child Cardiopulmonary Resuscitation (CPR) training 37.) CHILD CARE CENTER PROVIDERS, whether licensed, religiously exempt facilities, public or private schools, caring for children from birth to 5 years of ace: agree to be in compliance with the following professional development requirements: • 40 -hour Child Care Training • 10 -hour in- service training (each year) • 5 -Four Literacy Training 2006-06 ELCSWF school Readiness Provider Agreement 5 16LI? o One CDA- Certified Teacher per 20 Children (National or Florida State CDA; or Christian Equivalency) o Director has the Directors Credential 38.) CHILD CARE CENTER PROVIDERS, whether licensed, religiously exempt facilities, public or private schools, caring for school -age children from 5 years of age and older, agree to be in compliance with the following professional development requirements: • 40 -hour Child Care Training • 10 -hour in- service training (each year) • Director has the Directors Credential M Assessments and Screening of Children Birth To Five 39.) The PROVIDER agrees to utilize Ages and Stages screening tool (questionnaire), on all children ages 0 to 5, on a scheduled basis. Training and information on the use of the tool is provided by Child Care of Southwest Florida, Inc. 40.) The PROVIDER agrees to utilize the Coalition- approved Creative Curriculum.Net assessment tool for 4 and 5 year olds, which is aligned with the Florida School Readiness Performance Standards 3 -5. Training and information on the use of the tool is provided by Child Care of Southwest Florida, Inc. 41.) The PROVIDER agrees to utilize the Coalition - approved Creative Curriculum.Net assessment tool for children 0 -3 years of age, when they become available through the COALITION. (TBA) 42.) The PROVIDER agrees to submit screening and assessment results in a timely fashion and provider will retain copies. X. Family Involvement and Cultural Continuity 43.) The PROVIDER agrees that teachers and child care staff will work closely with families in partnership to ensure high quality care and education for children. 44) The PROVIDER agrees to help parents feel supported and welcomed as observers and contributors to the program by encouraging family members to visit the program and become involved through volunteering. 45.) The PROVIDER agrees to provide programs that respect the cultural heritage and beliefs of children and their families. 46.) The PROVIDER agrees to provide new and prospective families with a parent handbook or informational materials that include, at a minimum, an attendance policy and a discipline policy. The PROVIDER agrees to have an 'open door' polo for families 47.) The PROVIDER will utilize newsletters, notes, or bulletin boards to share program information 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, outreach, and community involvement. XI. Healthful and Safe Environment 49.) The PROVIDER agrees to serve meals and /or snacks which are nutritious, including infant formula if applicable; and parents are given nutrition information for preparing meals, snacks, and infant formula. 50.) The PROVIDER agrees to participate in the provision of vision and hearing screening for children ages 2 -5 years of age, which is offered through the Early teeming Coalition of Southwest Florida. Vision and hearing screenings will be offered to children ages 0 -2 years as requested by the provider or the parent. 200606 ELCSWF school Resdin ProvMer Agreement 6 16? 51.) The PROVIDER agrees to ensure that immunizations and physicals are current and up to date for all children 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 Iicensure under ss. 402.316, F.S., 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.S. 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 6SC -20, FAC. Registered Family Child Care hones unable to meet licensure due to the fence requirement, will be assessed for safety and provided technical assistance through the Coalition. (Cop /es of these requirements may be found on the following mite: Mylbrir da In addition, dw l Readiness pro viders W11 be provided conies 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 wane and responsive staff interaction. 200606 ELCSWF School Readiness Provider Agreement 7 16,017 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 utilize 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 ELC- SWF /CCSWFL program self- assessment. XV. Compliance Verification 72.) The PROVIDER agrees to permit the COALITION or it's designee, Child Care of Southwest Florida, or the Agency for Workforce Innovation to enter the PROVIDERS facility during tours of operation to verify the PROVIDERS 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 COALITION 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 COALITION and the Agency of Workforce Innovation, the COALITION 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 COALITION 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 COALITION 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. 200608 ELCSWF School Readiness Provider Agreement 8 16 B -� XVIV. Dispute Resolution 77.) The PROVIDER understands they have the right to appeal any issues of dispute. They must first attempt resolution with CCSWFL management staff. If the outcome is not in favor of the complainant, then the issue may be raised to the Early Learning Coalition of Southwest Florida's Executive Director for review. In the event, the PROVIDER is still dissatisfied; a written request for hearing must be made to the Early Leaming Coalition of Southwest Florida. The procedures outlined in polices # ELCSWF- ELOO13 -06 "Complaint and Dispute Resolution" and ELCSWF- ELOO15 "Appeals and Hearings" will be followed. XX. COALITION Responsibilities 78.) In any case where there is sufficient reason to believe that this or any other information submitted is with the intent to be fraudulent, the matter will be referred to the Florida Department of Law Enforcement for further investigation. 79.) The Coalition expels the PROVIDER to participate in making these standards a part of the daily program. The COALMON will provide assistance to any provider who would like more information or help In meeting these standards. Monitoring staff will look to ensure that your program incorporates all of these very important elements, and will offer technical assistance as needed or requested. 80.) The Early L:earring Coalition 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 Leaming Coalition of Southwest Florida will provide, as funding is available, training, technical assistance, scholarships, mini- grants, and program resources such as books, toys, materials, curriculum, management resources 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 to meet and /or maintain these standards, technical assistance will be provided. If after technical assistance efforts have been made, the Coalition will provide a corrective action plan to identify the areas of non-compliance as well as the measures for corrective action. Depending on the degree of non- compliance, the timeline for corrective action may extend to 60 days. The PROVIDE reby s' s ' Agrewnent to be executed as of the date set forth in Paragraph 1 //— 10- 0 7 Signature qWrector/O*jto—rMflndpar& Authorized Representative Date �y r �n Mc� C��EIIIa, t�Ofi (�� of COL.L iEK Cc ✓tilt �7(rI �SSio/�c'QS �/IA)k /Y)A Print Name Tine The COALITION hereby signs this Agreement to be executed as of the date set forth in Paragraph 1 Signature of Coalition Executive Director or Aufrized Representative Date Print Name Title ATTEST: DWI-HI t. 1fR'.K, CLERK wk av 2006- 06ELC- SWFSchm[Readirwm Provider Agreemeet -- uty Cl2riC _.,:....�._ ..__ ... 9 Att*st ss to ChaIraw ti tS i at +. Ca >u aty <9tt�^ e� >61�,)rt8t:uct �1 e 16D19 TRI-PARTY AGREEMENT among CRESTVIEW PARK II, LTD., a Florida limited partnership (the "Owner "), COLLIER COUNTY, a political subdivision of the State of Florida, through its Board of Commissioners (the "County "), and PNC BANK, NATIONAL ASSOCIATION (the "Escrow Agent ") 16019 TRI -PARTY AGREEMENT THIS TRI -PARTY AGREEMENT ( "Agreement ") is being executed as of this day of November, 2007, by and among CRESTVIEW PARK II, LTD., a Florida limited partnership (the "Owner "), COLLIER COUNTY, 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 A. The Owner is the owner of certain real property (herein referred to as the "Premises ") located in Immokalee, Collier County, Florida. B. The Owner is in the process of constructing upon the Premises certain improvements and appurtenances (herein referred to as the "Improvements" and together with the Premises referred to as the "Project ") to consist generally of an approximately 96 -unit low- to moderate - income apartment project and all other improvements as maybe required therewith. C. The Owner and the County have entered into a certain Agreement for 100% Deferral of Collier County Impact Fees for Multi- Family Affordable Housing dated November I3_, 2007 (the "Deferral Agreement ") with respect to the deferral of certain impact fees in the amount of $1,208,596.45 (the "Impact Fee Amount "), an executed copy of which Deferral Agreement is attached hereto as Exhibit A and the terms of which Deferral Agreement are fully 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 Agreement 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. 16D19 IN ORDER TO IMPLEMENT the above facts and understandings, and for value received, the Parties agree as follows: ARTICLE I REPRESENTATIONS AND AGREEMENTS OF THE COUNTY The County represents and agrees that: Section i.t. Full Force and Effect. The Deferral Agreement is with the Owner and is in full force and effect. Section 1.2. Deposit of Escrow Amount. The Parties agree that, notwithstanding anything to the contrary contained in the Deferral Agreement, the Escrow Amount shall be deposited with Escrow Agent. The Parties agree that the Escrow Amount shall be held solely on the County's behalf and paid to the County in accordance with Section 3.3 below. Section 1.3. Investment of Escrow Amount. The County acknowledges that the Owner may direct the investment of the Escrow Amount in Permitted Investments. In connection with the purchase of any Permitted Investment, the Escrow Agent, may enter into agreements, including forward purchase agreements, with the seller thereof. Moneys in all funds and accounts shall be invested in Permitted Investments maturing 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. All 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: (a) 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 United States of America and including any receipt, certificate or any other evidence of an ownership interest in such an obligation or in specified portions thereof (which may consist of specified portions of interest thereon); (b) Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by 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): 16019 Farmers Home Administration (FmHA) - Certificates of beneficial ownership; Federal Housing Administration Debentures (FHA); General Services Administration - Participation certificates; Government National Mortgage Association (GNMA or "Ginnie Mae ") - guaranteed mortgage backed bonds and GNMA guaranteed pass- through obligations (participation certificates); U.S. Maritime Administration - Guaranteed Title XI financing; U.S. Department of Housing and Urban Development (HUD) - Project notes and local authority bonds; and Any other agency or instrumentality of the United States of America; (c) Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following non -full faith and credit United States of America government agencies (stripped securities are only permitted if they have been stripped by the agency itself): Federal Home Loan Bank System - Senior debt obligations (consolidated debt obligations); Federal Home Loan Mortgage Corporation (FHLMC or "Freddie Mac ") - Participation certificates (mortgage- backed securities) and senior debt obligations; Fannie Mae - mortgage- backed securities and senior debt obligations (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 by 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 by S &P of AAAm -G or AAAm and by Moody's of Aaa; 4 16D19 (e) Certificates of deposit issued by a state or national bank or a state or federal savings and loan; provided that such certificates of deposit shall be either (i) continuously and fully insured by the FDIC; or (ii) have a maturity of not greater than 365 days and have the highest short -term letter and numerical ratings of Moody's and S &P; (f) Savings accounts or money market deposits that are fully insured by FDIC; (g) Commercial paper of "prime" quality rated in the highest rating category by Moody's and S &P, which commercial paper is limited to issuing corporations that are organized and operating within the United States; (h) Bonds or notes issued by any state or municipality which are rated by Moody's and S &P in one of the two highest long -term rating categories assigned by such agencies; (i) Federal funds or banker's acceptances which are eligible for purchases by members of the Federal Reserve System, drawn on any bank the short-term obligations of which are rated in the highest rating category by Moody's and S &P; provided that the maturity cannot exceed 27o days; (j) Repurchase agreements with maturities of either (A) 3o days or less, or (B) less than one year, provided that the collateral is marked -to- market daily, entered into with financial institutions such as banks or trust companies organized under state or federal law, insurance companies, or government bond 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 by Moody's and S &P. The repurchase agreement must be in respect of Government Obligations or obligations described in paragraph (b) herein, which, exclusive of accrued interest, shall be maintained at least t00% 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; (ii) failure to maintain the requisite collateral levels shall require liquidation; and (iii) the third party having possession of the securities has a perfected, 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: 16B19 Section 2.1. Completion of Improvements. The Owner will promptly commence the construction of the contemplated Improvements and agrees to proceed toward the completion thereof with good faith and without undue delay in accordance with the plans and specifications relating to Crestview Park II Apartments. Section 2.2. Payment of the Impact Fee Amount. Prior to November 2007, the Owner agrees to pay the 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. The Owner agrees to direct the Escrow Agent to invest the Escrow Amount in Permitted Investments. The Owner agrees that if the moneys in the Escrow Amount, as the same may be increased by interest and earnings in Permitted Investments between the deposit of the Escrow Amount and the date on which the impact fees are payable under the Deferral Agreement are insufficient to pay the amounts owed under the Deferral Agreement then the Owner shall be responsible for such insufficiency and the Owner further agrees that the County's rights and remedies under the Deferral Agreement shall apply with respect to the Owner's obligation to pay the insufficiency. Section 2.3. Representations and Covenants Regarding Low - income Housing. The Owner hereby acknowledges and agrees that the County is entering into this transaction for the purposes of facilitating the provision of housing for persons of low and moderate income within Collier County, Florida. To this end, the Owner hereby represents and covenants with the County as follows: (a) The Improvements will comprise one or more similarly constructed dwelling units, each of which will contain separate and complete facilities for living, sleeping, eating, cooking and sanitation for a single person or a family, including a living 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 Improvements will at any time be utilized on a transient basis or will 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) All of the dwelling units will be rented or available for rent on a continuous basis to members of the general public and the Owner will not give preference to any particular class or group in renting the dwelling units in the Improvements, except to the extent that dwelling units are required to be ]eased or rented to low- income tenants and persons or families of moderate income. ARTICLE III REPRESENTATIONS AND AGREEMENTS OF THE ESCROW AGENT The Escrow Agent warrants and agrees that: 0 16D19 Section 3.1. The Escrow Account. The Escrow Agent has agreed to deposit and invest the Escrow Amount as set forth in this Agreement on behalf of the County. Section 3.2. Acceptance of Performance by the Owner. The Escrow Agent will accept the Escrow Amount from the Owner. The Escrow Agent agrees and acknowledges that such Escrow Amount shall be nonrefundable to the Owner. The Escrow Agent shall deposit the Escrow Amount in Permitted Investments as directed by Owner. Section 3.3. Disbursements. The Escrow Agent agrees to promptly disburse the Escrow Amount and all interest and earnings thereon to the County upon receipt of a demand letter by the County that the deferred impact fees are now due and payable in accordance with the terms and conditions of Deferral Agreement and the County's Code of Laws. Section 3.4. Escrows. Escrow Agent shall only be responsible for the safekeeping the Escrow Amount and the release thereof in accordance with this Agreement, and its duties hereunder shall be limited to those specifically provided herein. Escrow Agent may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine, may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument, and may assume that any person purporting to give any writing, notice, advice or instructions in connection with the provisions hereof has been duly authorized to do so. Escrow Agent may consult with counsel of its own choice and shall have full and complete authorization and protection with the opinion of such counsel. Escrow Agent shall otherwise not be liable for any mistakes of fact or errors of judgment, or for any acts or omissions of any kind except it own 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 AND GENERAL PROVISIONS Section 4.1. Notices. Any notices, directions, consents or other communications required or permitted to be given hereunder shall be in writing and given by registered or certified mail, addressed to the Parties hereto, at the following addresses or to such other addresses as the Parties may for themselves designate in writing for the purpose of receiving notices hereunder: County: Collier County Housing and Human Services 3301 East Tamiami Trail Naples, FL 34112 Attention: Marcy Krumbine 7 I6D19 Owner: Crestview Park II, Ltd. c/o Carlisle Development Group 2950 SW 27th Avenue, Suite 200 Miami, FL 33130 Attention: Mr. Lloyd Boggio Escrow Agent: PNC Bank, National Association 500 West Jefferson Street, Suite 2300 Louisville, KY 40202 Attention: Commercial Real Estate Loan Administration With a copy to: Columbia Housing SLP Corporation 121 SW Morrison, Suite 1300 Portland, OR 97204 Attention: Fund Manager Columbia Housing /PNC Institutional Fund XX Ltd Partnership and PNC Multifamily Capital Institutional Fund XXXV Limited Partnership 121 SW. Morrison, Suite 1300 Portland, OR 97204 -3143 Attn: Fund Manager Section 4.2. Governing Laws. This Agreement has been negotiated, made, executed and delivered in the State of Florida and shall be construed in accordance with 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. .16 ,o19 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in manner and form sufficient to bind them, all as of the date first above written. G: \W -PKG \34756 \178 \Tri -Party Agreement -2.doc ESCROW AGENT: PNC BANK, NATIONAL ASSOCIATION By: Name: Wendy Bade Title: Senior Vice President OWNER: CRESTVIEW PARK II, LTD., a Florida limited partnership BY: TCG CRESTVIEW PARK II, LLC, a Florida limited liability company, its general partner By: Name: Lloyd J. Boggio Title: Manager Lo Al�£7: ll1�I61# E- BROGJ(`; CLERK Deput Att"t ti to Chatrvw. STATE OF FLORIDA COUNTY OF COLLIER 16919 COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: z4 Q JAMES COLETTA, Chairman The foregoing Agreement was acknowledged before me this 15—M day of November, 2007 by James Coletta, Chairman, on behalf of the COUNTY. He is personally known to me. G:\W-PKG\34756\178\Tri-Party Agreement -2.doc Signature of person taking acknowledgment Name of Acknowledges Typed or Printed 10 16019 v 4094553 OR; 4301 PG; 3802 RECORDED iR OFFICIAL RECORDS of COLLIER COUNTY, FL Return to 11!1312007 at 01:44PH DWIGHT B. BROCK, CLERK BBC FEB 129.00 Frank Ramsey COPIES 15.00 Collier County HHS Retn: 3301 E. Tamiami Trail HOUSING n HUMAN SVCS Naples, FL 3x112 ATTH; PRANK RAMSEY File# 08- 039 -IF INTEROFFICE 403 2336 This space for recording AGREEMENT FOR 100% DEFERRAL OF COLLIER COUNTY IMPACT FEES FOR MULTI - FAMILY AFFORDABLE HOUSING This Agreement for the Deferral of Impact Fees is entered into this ll5! day of November, 2007, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and Crestview Park II, Ltd., hereinafter referred to as "OWNER," collectively stated as the "Parties." RECITALS: WHEREAS, Collier County Ordinance No. 2001 -13, the Collier County Consolidated Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the "Impact Fee Ordinance," provides for the deferral of impact fees for new multi - family, rental dwelling units which qualify as affordable housing; and WHEREAS, Lloyd J. Boggio, as Manager and President of TCG Crestview Park II, LLC., general partner of Crestview Park II, Ltd., is the Owner's duly authorized agent; and WHEREAS, Crestview Park II, Ltd., has applied for a deferral of impact fees as required by the Impact Fee Ordinance for the Crestview Park II Apartments, hereinafter referred to as "PROJECT," and a copy of said application is on file in the 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 the requirements for an 1 of 10 OR; 4301 PG; 16 919 803 affordable housing deferral of multi - family impact fees as required by the Impact Fee Ordinance; and WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of One Million Two Hundred Eight Thousand Five Hundred Ninety Six and 45/100 Dollars ($1,208,596.45) for six years and nine months from the first date that the impact fees were otherwise due and payable for the PROJECT; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and WHEREAS, by signing this Agreement, the County will approve a deferral of impact fees for OWNER in support of creating Affordable Housing. NOW, THEREFORE, in consideration of the foregoing Recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of the dwelling units (the "Dwelling Units ") that will have their impact fees deferred is attached hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit `B," and both Exhibits are incorporated by reference herein. 3. TERM. The OWNER agrees that the Dwelling Units shall remain affordable and shall be offered for rent in accordance with the standards set forth in the Impact Fee Ordinance for a minimum term of fifteen (15) years commencing from the date a certificate of occupancy is issued for a particular Dwelling Unit; and that the term of the requirement to pay the PROJECT's impact fees will be deferred for six years and nine months from the date of the impact fees being due and payable. 2of10 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: A. Each Dwelling Unit will, during the term of the Agreement, be soley offered and available to a qualifying occupant /tenant. B. At the commencement of any leasehold and throughout the duration thereof, the households renting Dwelling Units must have a very low or low income level, as those terms are defined in the Impact Fee Ordinance; and the household's monthly rent must be within the affordable housing guidelines established in the Impact Fee Ordinance. C. Each Dwelling Unit must remain "affordable" for at least fifteen (15) years from the date its certificate of occupancy was issued. D. The head of the household will be at least 18 years of age and must be either a citizen of the United States or be a legal alien who permanently resides in the United States. 5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling Unit to a subsequent renter, the Dwelling Unit shall be re- rented only to persons or households meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the 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 forty percent (40 %) above the maximum low income level described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non- compliant unit shall become immediately due and payable by OWNER or, in the alternative, the OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth in the 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 deferred, whichever occurs first, the impact fees deferred shall be immediately repaid to the COUNTY. OWNER agrees that even though the 3of10 OR: 4301 PG: 38051 D impact fees may have been repaid to the COUNTY, the OWNER will continue to utilize the Dwelling Units for affordable housing for at least fifteen (15) years from the date the first certificate of occupancy was issued for a Dwelling Unit. 6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to the Housing and Human Services Department an Affidavit attesting to compliance with the affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance. Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by any other state or federal agency will not be required to file this separate affidavit of compliance with the County Manager. A copy of the monitoring report by Florida Housing Finance Corporation or monitoring report by any other state or federal agency will be forwarded to the Collier County Housing and Human Services Department. 7. LIEN. OWNER agrees that the dollar amount of deferred impact fees, commencing on the effective date of this Agreement and continuing until paid or released, will constitute and be a lien in the amount of One Million Two Hundred Eight Thousand Five Hundred Ninety Six and 451100 Dollars ($1,208,596.45) on the PROJECT'S property and Dwelling Units which lien may be foreclosed upon in the event of non - compliance with the requirements of this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of, a security collateral being provided by the OWNER to the COUNTY as further described in that certain Tri -Party Agreement by and among OWNER, COUNTY and PNC Bank, National Association, as escrow agent (in such capacity, "ESCROW AGENT "), dated as of even date herewith (the "Tri-Party Agreement "), that all of the COUNTY'S lien rights and any other interests arising under this Agreement are to be considered junior, inferior, and subordinate, in lien and payment, to each first mortgage on the PROJECT, including that certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing, dated as of November _, 2007, by OWNER for the benefit of PNC Bank, 4of10 OR: 4301 PG: 380 19 National Association, as mortgagee (in such capacity, "MORTGAGEE ") (the "PNC Mortgage "), and to the lien and payments secured by, and due under, the PNC Mortgage. Except as elsewhere noted in this Agreement, such lien shall be superior and paramount to the interest 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. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement: A. if OWNER fails to rent the property in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non - compliance, B. if OWNER continues to violate one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of such violation, or C. with respect to the Annual 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. 5of10 1 1 OR: 4301 PG: 3807 t D. County agrees to accept or reject cure tendered by any partner of Owner on the same basis as if the Owner tendered such cure. Notice to Owner shall concurrently be provided to its limited partners and to ESCROW AGENT. (See attached notice information.) 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: A. Should the OWNER of the property: 1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term; or 2) violate any provisions of this Agreement, then the dollar amount of impact fees deferred shall be paid in full by OWNER to the County within thirty (30) days of written notification of said violation. B. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing written notice to the OWNER, the COUNTY may bring a civil action to enforce the Agreement. C. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. Notwithstanding anything in this Agreement to the contrary: (a) If a default or event of default occurs under this Agreement and is continuing, COUNTY agrees that, without the prior written consent of MORTGAGEE, COUNTY will not commence foreclosure proceedings with respect to the property or exercise any other rights or remedies it may have against OWNER hereunder, at law or in equity, including, but not limited to, accelerating the indebtedness evidenced by this Agreement, appointing (or seeking the 6of10 T 6,R OR; 4301 PG; 3808 appointment of) a receiver or exercising any other rights or remedies hereunder unless and until it has given MORTGAGEE at least 30 days' prior written notice at the address set forth in the attached notice information; provided, however, 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 thereafter earned on such amounts, in the escrow account maintained by ESCROW AGENT, pursuant to such Tri -Parry Agreement; (b) OWNER agrees that, upon the occurrence of a default or event of default under the PNC Mortgage, OWNER shall promptly provide notice of such default or event of default to COUNTY, and OWNER further agrees thereafter not to make any payments under or pursuant to this Agreement (including, but not limited to, impact fees, interest, additional interest, late payment charges, default interest, statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement) without the written consent of MORTGAGEE; and (c) COUNTY agrees that, after receipt of notice of default under the PNC Mortgage from MORTGAGEE, with written instructions directing COUNTY not to accept payments from OWNER on amounts arising hereunder, and secured hereby, COUNTY will not accept any payments under or pursuant to this Agreement (including, but not limited to, impact fees, interest, additional interest, late payment charges, default interest, statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement) without the written consent of MORTGAGEE; provided, however, that COUNTY may, in accordance with the terms and conditions of the Tri -Party Agreement, accept payments of amounts then - available, and interest thereafter earned on such amount, in the escrow account maintained by ESCROW AGENT pursuant to the Tri -Party Agreement. 7of10 OR; 4301 PG. 38091 6 0 1 c OWNER and COUNTY agree and acknowledge that PNC Bank, National Association, as MORTGAGEE, is an intended, third -party beneficiary of this Agreement. 13. As the amount of impact fees being deferred by this Agreement is an estimate based upon projected impacts which will not be precisely known until building permits are issued for the subsequent construction of the units contemplated as part of this Agreement, the OWNER and COUNTY acknowledge and agree that either Party may be required to make adjustments for payment of any impact fees which may be due above and beyond the amount of this deferral. Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of the deferral of impact fees that would otherwise be due and payable upon issuance of the required building permits. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 8of10 OR; 4301 PG; 3810 16P,j IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROC -Clerk By: Attest AS, to Cho trsiig Liep ty Clerk signature W1 1i Witnesses: STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FL RIDA By, 3 JA ES COLETTA. Chairman OWNER: Crestview Park II, Ltd, a Florida Limited Partnership C By: Print Title The foregoing instrument was owledged before me th�c� day Lloyd J. Boggio as o 2007, by personally known to me or as rodu ed for / �luwhose is p as identification, [NOTARIAL SEAL] ..,,, CVIARLENE��t=ASARSANCHEZ (Signature of Notary Public) _ Comm# DD0689789 a �aa\Onllly f^1'r Ytrt.'si y ?� =- Expires 1011912011 Inc -z- Florida �lotary Assn., .............. .: (Print Name of Notary Public) � ................. Approve as o d Recommend approval: legal su i i --Mar y ICrumbine, - ector of Jeffrey A. at cow Chief Assis ounty Attorney Housing & Human Services 9 ofj-r 16 7L OR; 4301 PG; 3811 16 D 9 NOTICE TO LIMITED PARTNERS OF OWNER ESCROW AGENT AND MORTGAGEE Columbia Housing SLP Corporation 121 S.W. Morrison, Suite 41300 Portland, OR 97204 -3143 Attn: Fund Manager Columbia Housing/PNC Institutional Fund XX Limited Partnership 121 S.W. Morrison, Suite 1300 Portland, OR 97204 -3143 Attn: Fund Manager PNC MultiFamily Capital Institutional Fund XXV Limited Partnership 121 S.W. Morrison, Suite 1300 Portland, OR 97204 -3143 Attn: Fund Manager PNC Bank, National Association 500 W. Jefferson Street, Suite 2300 Louisville, KY 40202 Attn: Commercial Real Estate Loan Administration 10 of 10 401« EXHIBIT "A" LEGAL DESCRIPTION: 16019 OR; 4301 PG: 3812 HM I'HOJc (r 32001 106 1!31;2006 REF. DWG. hil :3/64 'oge ' 0'2 A PARCEL OF I AND I.00ATED IN A PORTION OF TRACT 2, ARROWHEAD RESERVE AT LAKE TRAFFORD - PHASE ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 42, PAGES 94 THROUGH 111 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGIN AT T HE SOUTHEAST CORNER OF TRACT 2, ARROWHEAD RESERVE AT LAKE T HAFFORD - PHASE ONE ACCORDING TO THE PLA f I HEREOF AS RECORDED IN PLAT BOOK 42, PAGES 94 THROUGH 111 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE RUN THE FOLLOWING SEVENTEEN (17) COURSES ALONG THE BOUNDARY OF SAID I HACI 2. 1) THENCE RUN S.88 '48'56' W., FOR A DISTANCE OF 251,72 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHFRI Y; 2) THENCE RUN WESTERLY ALONG TI IE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,230.00 FEET. THROUGH A CENTRAL ANGLE OF 40 °49'17 SUBTENDFD BY A CHORD OF 857.92 FEET AT A BEARING OF N. /O 46'25'W.. FOR A DISTANCE OF 876.34 FEET TO Ti IE END OF SAID CURVE; 3) THENCE RUN N 50 214/"W, FOR A DISTANCE OF 85.02 FEET; 4) THENCE RUN N.69 °0706 "E.. FOR A DISTANCE OF 106.26 FEET; 5) THENCE RUN N.26" 15'55 "F., FOR A DISTANCE OF 53.79 FEET: 6) TI IENCE RUN N.08`00'08" L., FOR A DISTANCE OF 103.87 FEET; 7) THENCE RUN N.01 '1655 °E.. FOR A DISTANCE OF 122.15 FEET; 8) THENCE RUN N.77 °38'59 W. FOR A DISTANCE OF 36.70 FEE] 9) THENCE RUN N.18'03'22'W , FOR A DISTANCE OF 11.58 FEET; 10) "THENCE RUN N,06 "16'16 F„ FOR A DISTANCE OF 53.13 FEET; 11) THENCE HUN N.66 "17'39 E., FOR A DISTANCE OF 66.36 FEET; 12) THENCE RUN S,58 "05'13E., FOR A DISTANCE OF 16.29 FEET; 13) THENCE RUN S.63 "54'06 E„ FOR A DISTANCE OF 35,03 FEET; 14) THENCE RUN S.88" 21'09 "'E.. FOH A DIS I ANCE OF 57.43 FEET; 15) THENCE RUN N.72` 18'52 "E., FOR A DISTANCE OF 83 20 FEET; 16) THENCE HUN S.39 "44'27 "E., FOR A DISTANCE OF 123.95 FFFT: 1 /) THENCE RUN N.64 18 03"L_ FOR A UIS I ANCL OF 87,321 LEI. THENCE RUN S,06'31 20"F, FOR A DISTANCE OF 28/.41 FEET; THENCE RUN S.55 46'26 "E . FOR A DISTANCE OF 254,23 FEET; THENCE RUN N 34`1334 "F . FOR A DISTANCE OF 121 50 FEET, TI IENCE HUN S.55 °46'26 "E., FOR A DISIANCF OF 12598 FFFT; THFNCF RUN N.88`•19'01 F. FOR A DISTANCE OF 56.73 1 LET; HfLNCL HUN N.01 1059 "W F(]R A DISIANCF OF 30.00 FEF f , THENCE RI1N N.88 49'01 "E., FOR A DISTANCE OF 129-l'6 1 -LL I 10 A POIN I ON I I IL LAS] LINE OF SAID I HAC 17; THENCE RUN S.01 "11'04 E., ALONG THE EAST LINE OF SAID TRACI2, FOR A DISTANCE OI 3'7.55 FEET TO THE POINT OF BEGINNING; GONTAINING 9.962 ACRES, MORE OR I FSS. THIS PROPERTY SUB.IFCT TO FASFMFNTS. RFSFRVA T IONS OR RFSTR'CTIONS OF RFCOF ;O r u r G I¢ n� tl4T T 4 T = C n v� � a z Ic ijl � I ! LL ! v c r� c a, c n , I i Y e rt i Z 1DVtl1 30 3NIl 1SV3 .VO/SW9lX3 OVON A'G3NY) (DNIHV38 30 SISVS) z -N, l:iVNJ tzi N � J J ! Z r 61 5 z � OR: 4301 PG: 3814 Dd6D11 W 2 p O - W Z S W Q Y K 3 x i m 00 ga u ¢ vi Naa d W'V Wi O rV rr�KL Y r�UWk 0 Q m LLO 5 y J vl< Q N tl p dT 4 F K V � fce V i \} Liz ^° I U ¢T F J 91 S1 / / 0 j Z w LLI M r z O I... a w U V1 w D J Q W J Q z Z Q a 2 O U U Q O h U H W Y 3 � ~Y�2 y J N C cr. rtc osy'u $ n z .. •o� yV� L d .,V„ 1181HX3 i-H CO C"7 6 CY a Cl) cr b p 4� b� / i °ji 1s 88 ttt T Sow, 24 : gg 9 9 i All g� gg4 ~ -- �� il=:ae4j= �p4 vv ji ae +� f� F4 \ 3+ 1 N 1 N c1 i +p Y � o z 9 a Z 0 y z f c c a V,Z 2a J as LdH =A Q Z H 3x�8o aw �a W z �• z 9w E� wQ EXHIBIT "A" 16,919 OR: 4301 PG: 3813 I IM olio .)[ C 1 e ?')0 106 1 i 31!2006 =!EF. DWO. aH 5i64 ulg 2 of 2 BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF TRACT 2, ARROW1iEAD RESERVE AT LAKE TRAFFORD - PHASE ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 42, PAGES 94 T HROUGH 11 1 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS BEING 5.01 "11'04 "E. HOLE MONTES, INC. CERTIFICATE OF AUTHORIZATION LB 41772 BY . :; — — —° -- P.S.M. 05628 THOMAS M. MURPHY �' STATE OF FLORIDA 16D7 Q OR; 4301 PG; 3 1 EXHIBIT `B" CRESTVIEW PARK COLLIER COUNTY IMPACT FEES FEE RATE UNIT TOTAL Road $6,210.00 96 $596,160.00 EMS <1,500 sf $100.59 96 $9,656.64 Community Parks $750.00 96 $72,000.00 Regional Parks $1,659.00 96 $159,264.00 Libraries $368.18 96 $35,345.28 Correctional Facilities $0.0584* 96 $5,583.97 School $2,862.00 96 $274,752.00 Government Buildings $410.00 96 $39,360.00 Law Enforcement $171.61 96 $16,474.56 TOTAL $1,208,596.45 *Based on square foot calculation ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU D 2 Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the ]tell' ) ROUTING SLIP Complete routing lines 41 through #4 as appropriate for additional signatures, dates, and /or information needed, If the document is already complete with the _ . __ .,____,. __ u_.... n 1 a....,,.a, xn mP A- Lim and rnrward to Sue Filson (line #5). exception of me unarman s s narwc, Lraw „r� u..,.,. Route to Addressee(s) (List in routing order) 1.Frank Ramsey ......... ....... .......,,_ ...... __... ._._ _.- Office Housing and Human Service Initials Date 11/13/07 2. Chairman James Coletta BCC (Initial) Applicable) 3. 11/13/2007 Agenda Item Number 16D —2.0 4. signed by the Chairman, with the exception of most letters, must be reviewed and signed includes from ordinances, 'rt 71— 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original I 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the tier ) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Human Services (Initial) Applicable) Agenda Date Item was 11/13/2007 Agenda Item Number 16D —2.0 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed includes from ordinances, 'rt 71— Type of Document Impact Fee Deferral Agreement Number of Original I Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9- 03.04, Revised 126.05, Revised 2.24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed includes from ordinances, 'rt 71— by the Office of the County Attorney. This signature pages resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's �/ Tr- n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the - document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's --Z signature and initials are required. 74 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. li Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of Xcur deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during '/ the meeting have been incorporated in the attached document. The County Attorney's Jam' 016 Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9- 03.04, Revised 126.05, Revised 2.24 05 Return to 4095535 OR; 4302 PG; 3234 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 1!/14/2007 at 02:00PE DWIGHT B. BROCK, CLERK BBC EBB 27.00 COPIES 3.00 Frank Ramsey Retn: Collier County HHs 3301 E.Tamiand Trait CLERK TO THE BOARD Naples, Florida 34112 INTEROFFICE 4TH FLOOR File# 08- 034 -IF BIT 7240 16020 This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this J day of October, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Dezilia Vital" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 52/100 Dollars ($19,372.52). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty -five percent (25 %) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY 1 6 B 2 0 OR: 4302 PG: 3235 may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWI4IITI 11,BROCK, Clerk Attes,t is to C.Mirwo De uty Clerk signature onl `Witnesses: Print Namefmr•Gi'oo N P4f0,)a, - ilr � sse . Print Name to}i` STATE OF FLORIDA) COUNTY OF COLLIER) 2007, and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: Tll AMES COLETTA, HAIRMAN OWNER: Dezilia Vital OWNER: The foregoing Agreem nt was acknowledged before me this 1C.; day of a Urr- by QezAk- y A0 who, is person known to me or has produced as proof of identity. p I Jo xPiR..S: Auyust _9.2010 �in.yNOrnr� form Jeffrey' t,,. t County Attorney -�19 6�2.�-0-21 - j-4e�� Signature of Person Taking Acknowl dgment Rec mmend Ap ro r val: Marcy KrumbiAe, PA Director Jeffrey'. IJ14tzkow Chief Collier County Housing and Human Services * ** OR; 4302 PG; 3236 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 19, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT `B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved /_ /_ $19,372.52 m Amount Owed $100.59 $62.14 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prim on pink paper. Amdr to original dooffiat Original dnamcua should be hand delivered to the Board Office. 1Lecompleted murmg sdp and origftW daeameats ate to be ftirwarded no the Bcard09iee only after the Board bas mkmac w on the item.) ROUTING SLIP . Complex rnadag Brta iL d o* Y4 as apprapriam for addidonal signamas, dares, andlor mfo®adoa needed. if the doamentis altndy complete with the . Route to Addressee(s) Office Mar in routma mder, -. . a 5. 6. Lvfinutes of County Commissioners F jov-C PROIARY CONTACT INFORMATION frba primary tom= is dte holder of the original dccamat pending BCC approval Normally the primary contact is the parson who eo¢Nprepmed the executive summary. Primacy canmrx iofmmadoo is needed in the event one of the addressees above, iaeluding Sue Pike.¢, need m ca =suf for additional or missing information. All original doei®ems needing the BCC Chaimina's signature are m be dedveaed to die BCC office only after die BCC has acted to approve the A fCl Y: M 9 C1312 41 :t X80.114 h Forms! County Farms/ BCC Forms/ Original Docimn Rauang Slip wwS Ongim19.03.04, Revised 1.26.05, Revised =4.05 Initial the Yes column or mark WA" in the Not Applicable column, whichever is Yes N/A (Not (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters: must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from cantra=, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2 All handwritten.strt7ce- through and revision.; have been initialed by the County, , ttorney.'s l� Office and all other artier the BCC Chairman and the Clerk to the Board 3. The Chairz;ranIs sigttann a line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here° tabs are placed on the appropriate pages indicating where the Chairman's signture and initials are 5. In most cases (some contract/ are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. n Some documents are time sensitive and requirelorwarding to Tallahassee within a certain tine frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The dominant was approved by the BCC onT -A�' -0'? enter date) and all rtes made during the meeting have been incorporated in the attached document The County Attorney's Office has reviewed the changes, if a licable. h Forms! County Farms/ BCC Forms/ Original Docimn Rauang Slip wwS Ongim19.03.04, Revised 1.26.05, Revised =4.05 16D21 MEMORANDUM Date: November 19, 2007 To: Toni Mott, Manager of Property Acquisition Real Estate Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -314 nd Agreement Enclosed please find one (1) copy of each document, as referenced above (Agenda Item #16D21), which was approved by the Board of County Commissioners on Tuesday, November 13, 2007. If you should have any questions, please contact me at 25 2-841 l Thank you. RESOLUTION NO. 2007- _?t 16 D21 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, FLORIDA, 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 Immokalee 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 News, a newspaper of general circulation in Collier County; and WHEREAS, the Board of County Commissioners of Collier County, based on the facts and recommendations from Staff, now finds that the County's fee interest in a portion of Block 24, New Market Subdivision, more particularly described in Exhibit A of the attached Agreement, is required by the District for the aforesaid use and is no longer needed or required by the 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 interests in those properties more particularly described in Exhibits "E" and "G" of the attached Agreement together with certain electrical utility, access and other improvements as set forth in the attached Agreement; and WHEREAS, 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. The foregoing WHEREAS Clauses are adopted and incorporated herein as if fully restated; 2. The Board of County Commissioners of Collier County, Florida, hereby directs and authorizes its Chairman, 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 If!) day of�, 2007 after motion, second and majority vote favoring adoption. ATTF,5f' :...`. DWIGHT E. BROCK,, Clerk Deputy Clerk U chd l rran s slynaLl�.,1M1:�.. Approved as to form and legal s I'll ciency: -�1� Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By. 4494� JAM O atr n Item # ' �2 Agenda (� 13 �. Date / / AGREEMENT (Immokalee Career Center / Immokalee Sports Complex) THIS AGREEMENT, entered into this day of 2007 between the SCHOOL DISTRICT OF COLLIER COUNTY FLORIDA, hereinafter referred to as "School ", arid the BOARD OF COUNTY COMMISIONERS, Collier County, Florida, hereinafter referred to as "County." WITNESSETH: WHEREAS, the County is the fee title Owner to certain real property located in Immokalee Florida upon which the Immokalee Sports Complex (the "ISC ") is located and also including the 3,670 square feet identified in Exhibit i°A" attached hereto and made a part hereof (the "Parcel "); WHEREAS, it is the School's intent to acquire the Parcel for the purpose of constructing a mechanical utility building and chiller plant to serve a public educational and training facility known as the Immokalee Career Center (the "ICC ") which is located adjacent to the ISC; WHEREAS, it is the County'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 to 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 best service with the least possible expenditures of public 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 and intending to he legally hound hereby, the parties agree as follows: 1. CONVEYANCE OF PARCEL & ACCESS PROPERTY Subject 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 ?.Parks & Rec tnecrlocal - Immokalee Cum Cealerdoc 16 112 1 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 - Electrical Installation "). The School shall attempt to provide continued electrical service to the ISC during the time construction is ongoing for the ICC. The County shall grant the School permission to perform the Electrical Installation in the location shown on Exhibit "B -1" attached hereto and made a part hereof. B. Demolish and remove the building located on the Parcel in compliance with all local, state, 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 perform the demolition in a location approved by the County and to construct the mechanical utility building and chiller plant on the Parcel. C. Relocate 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 storm water drainage pipe relocation. D. Modify and improve the access driveway to the ISC maintenance building as shown in Exhibit "D" attached hereto and made a part hereof. The County shall grant the School permission to perform the access /driveway construction modification and improvements. The School shall convey to the County the simple title by good and sufficient deed, free of liens and cncurubrances 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 concrete wall and a fourteen -fool mechanical building as shown on Exhibit "F" attached hereto and made a part hereof. Relocate any plants, trees, irrigation, electrical lines and or light control panels (affected by the installation of the concrete wall and building) 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 fee 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 encroachment located along the joint property boundary as set forth in Exhibit "G" attached hereto and made a part hereof (the "Fence Property "). F. Obtain all permits necessary to perform items A through F. set forth above including, but not limited to, right -of -way permits, fence H'lporks & Ree InWlocal - Immokalee Career Center. doe 2 1621 permits, wall permits and demolition permits. The School shall perform the work in a manner that minimizes any disruption 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. 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 Fence Property to the County, in fee simple, by special warranty deed. All deeds shall he free and clear of all liens, defects, encumbrances, except those conditions, reservations, restrictions, agreements and easements of record and zoning ordinances. The conveyances are contingent upon either party, as necessary, designating its real property as surplus by a formal resolution after applicahle public notice. In the event that any defect of title appears at the time of closing, the party holding title to the defective property shall have thirty (30) additional days to cause said defect to be removed. In the event the party holding title to the defective property is unable to remove said defect, the other party shall have the option of accepting title to Parcel in its then current state or voiding this Agreement. B. Recording fees and all title work and insurance for this transaction shall be paid by the School C. The legal description of the Parcel, the Access Property and the Fence Property 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 by School. D. Possession of the Parcel will be granted to School and possession of the Access Property and the Fence Property will be granted to the County as of the date of closing. E. Closing shall occur on or before one- hundred and twenty (120) days from the effective date of this Agreement. 3. MISCELLANEOUS & INDEMNIFICATION A. Each of the parties hereto represents that it has full and 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, actions H- %Parks & Ree Interlocal - Immokalee Caner Center doe 16D21 and liabilities arising out of any injuries or damages resulting from the utilization of any construction permission granted in this Agreement, except where such damages are occasioned by the negligence of the County, its agents, employees, guests or invitees. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in their respective names. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: Deputy Clerk By: Ap roved as form and legal sufficiency: Assistant Cot y Attorney School Board Attorney Approval: By: Richard W. Withers Date: JIM COLETTA, Chairman THE SCHOOL DISTRICT OF COLLIER COI NTY- FT.ORIDA By: STEVEN J. DONOVAN, Chairman Attest: _ DENNIS T HOMPSON, Superintendent H$ arks & R" Inlerlocal - immukalce Career Ccn[cctloe 4 NEWMARYET SUBDIVISION OF IMMOKALCC, CLOCK 24 PLAT BOOK 1, PAGES 104 -105 0 �I I of O Im^ oy zl TI A el P. ES 0 C. SOVTHWT CORNER I CLOCK ES 398.65' IMMOKALEE DRIVE BO' R/w TiDSC _ANDS DESCRIBED IN O.R. BOOK 1518, PAGE 2029 2 l 6n66p!N!!1!1 CRAPFICJ SCAtE 'oa NOTES: 1. This is not o survey. 2 R¢ala of bearing �. Stale Plane Coordinates Florida East Zone 83/99 adjustment. With the Northerly right -of -woy of IOrmaKeec Drive ayleventao by a bearing of North 89'20'00" East 3. Subject to easements, reaervoliona and restrictions Of record. DESCRIPTION 5. Dimensions are in feet and A Portion of Block 24, Newmarket Subdivision of r.'malA thereof. ImmDkolee, as recorded in Plot Book 1, Pages 104 -105, of the Public Records of Collier County, Florida, being 6. Certificate cl authadzation LB a3. more particularly described as follows; Commencing at the southwest COrner of said Block 24; tnence along the north right -Of -way line of Immokolee Drive, North 89'20'00' East, o distance of 39565 feet LEGEND to the southwest ccrrp.r of lhnce lend. described in O.R. one Point of eeglnn'mg Book 1518, Page 2029 of the Public Fecords of Copier POC Point of Commencement COanty, Florida) O.R.B. Official Records Book tnence leaving said north right -of -woy line, North R/W Right -of -w., :. 0938'16" Wert along the Westerly Ime of said aescribad C Centerline loom, a distance of 134.45 feet, thence contiauing OWOg sold W'ests,ly one North 06'02'53° West, a (ialahCo of 37.16 feet to the POINT FOR iN E E%CLUSNE USE OF Coiner County Fubl,c BEGINNING of the herein i 5choola th g so; ly Fne N hence continuing along said Westerly tide North 06'02'53" West, o distance of 60.14 feel: thence North ST47'55" Cast, o aialunoc Lit 83.19 feet; thence South 02'12'05" East, a distance of 60.00 feet; thence South 87'47'55" West, a distance of 59.15 feet to the POINT OF BEGINNING, DAVID J. Via (FOR THE FIRM) Containing 3,670 square feet or 0.0843 acres. more or lase. A, LC.3a NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FI ORPA JCENSED SURVEYOR AND MAPPER FOR COLLIER COVfITY PUBLIC SCHOOLS This is NOT a Survey. SKETCH & DESCRIPTION OF A PORTION OF BLOCK 24, iNll*m/ller NEWMARKET SUBDIVISION OF IMMOK.ALEE COLLIER COUNTY FLORIDA mow.. GCSOO I TMO I OJH I 1H -48 I N1052- 024 -000 I 1 M 1... I 111-48 - _- ' 16021 a 16021 12296 Matterhorn Rd. Fort Myers, 33913 Phone: (239) 76 76$ -5b66 ElectricalConftveora, me Fax: (239) 768 -2336 Proposal -ELECTRICAL To: Kraft Construction, Inc. Date: June 12, 2007 1010 Sanitation Road Proposal No.: E-1 Immokalee, FL. 34142 Revision Date: Attention: Was Chronister Page: 1 of 4 Project Name: Immoka lee Career Center Location: Immokalee, Florida We hereby propose to furnish and install all labor, materials, tools, equipment and transportation far the electrical instarlation in accordance with the following (including attachments): Descrfption of Electrical service for existing building. work: Documents used No drawings available. in preparation of this Proposal: Qualifications and • Inclusions: Clarifications: o Permit fee, inspections, approvals and tests. o Commissioning, startup and owner /operator instructions. o Equipment identification and labeling for work described above. o Record as -built drawings and 0 &M manuals where applicable. o (100 allowance for Secondary feeders from new LCEC pole handhole to new 300A 3phase 430V Main disconnect. n Existing main panel back to back with new 300A Main disconnect. • Providing standard building grounding for new service feeders: • Assume all work to be performed during regular business hours. • Exclusions: o Service to existing Pool o Demolition of existing Buildings. o Nom al maintenance inc 6aing but not limited to: cleaning, torque and tightening. o Patching and painting of finished surfaces. o Utility fees, LCEC transformer pad, j-box or related grounding. o LCEC primary conduit, wire or terminations. n lVSS or surge related devices. o Waterproofing, or seals for slab, wall, or roof penetrations. o No ductbank included. . Fri-City Electrical Contractors, Inc., shall not be held liable for errors or omissions in design by others, nor inadequacies of material and equipment specked or supplied by others. • We intend to complete all work in accordance with local & national electrical codes fnr the work described above. • Repairs to existing inoperable equipment are excluded unless otherwise noted. Repairs to existing Mr ng and systems that do not comply with electrical codes, regulation or specifications are excluded unless otherwise noted. • We guarantee our work to be free from defects for one year from completion. Repairs to defective workrnanshio or materials within this period will be made at no cost This warranty excludes: unauthorized service, misuse, negligent care, ___........, F_ moo_, �-A �rerinnts_ items furnished by nthers, lamps, ac.3cr zrrr� Qur� cc reTa =t roe i i i 16 D2l Tri -City Electrical Contractors, Inc. Proposal, continued 2. unusual wear and tear, vandalism, obsolescence, weather damage or other cause beyond Tri - City's control. • No Temporary power provided for Standard 120voit (20amp) outlets and powe tools or general lighting during daylight hours. • No security lighting, electric generator or cost of power consumption included. Schedule: • Tri -City agrees to fumish a sufficient number of qualified workers to perform th 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 work. • The work will be performed during normal working hours. No provisions have been included for overtime, multiple shifts, weekend or holiday work. • We anticipate a start date of June 15, 2007 and duration of approximately 15 days. • We have included an allowance of -0- man -hours of overtime premium labor cost. Customer For Tri-City to properly perform the work, the customer shall: Responsibilities: • Provide a safe work environment. • Allow access to the work site and use of building services including but not limited to: parking, water, restrooms and storage area. • Provide Tri -City with work rules and special instructions prior to the performance of the work. • Remove obstacles from the work area(s) and keep areas clear of equipment, supplies and materials. • Allow adequate time/phasing for the work and not impede or delay the performance of Tri-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, maintenance togs, utility 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 necessary to perform the work. • Provide waste disposal facilities. Tri -City will remove packaging, trash and waste generated In the performance of this work and place in the customer's waste containers. i • In order for us to begin work, you must either a) execute this proposal (return l an original copy to us which will form the contract between us) or b) we must Tr!-City Electrical Contractors, Inc. Proposal, continued -3- The price for the work described above is as follows: 1621 This proposal is void and may be withdrawn if not accepted in writing or a contract agreeable to both parties cannot be negotiated witidn 30 calendar days of this date. Unless otherwise stated above no provisions for price escalations have been included in this proposal This price maybe sufiject to escalations after the void date. Bid Oualifcaflon: Tri -City has been informed by our various suppliers of electrical products, that many manufacturers have invoked price -time constraints on their agreements. Current pricing may be limited to very short periods of time even to the point of `price in effect at the time of order" basis This situation is not conducive to the construction industry, espec aUyfor lengthyprojects. Volatility in the market whether caused by natural disasters, raw material shortages, increased demand, strikes, etc, have made it impossible to predict our costs and op`er prtctng for extender! periods of time. Asa resin, the above quoted amount will be qualified as follows:- Our proposal includes 84,452.64 of copper based products, which is a pretax amount and is based on the pricing information mailable at the present time. Theke figures will be considered your allorbance for all products of this nature to be purchased for this project Final pricing will be based on the net changes between this allowance amount and the total cost at time ofshipmeni for the respective group ofproduets. A contract additive or deductive change order will be required for the differences. We will provide quotations and all necessary back -up information as'rcquired Kraft Construction, Inc. Tri•City Electrical Contractors, Inc. Acceptance Signature ' Sigrteturo John Rieselman Pnn!ed Name V01 r�ZJfl Service and Special — Oate Projects Dept. Manager Tile This document is proprietary in nature, for the exclusive benefit of Tri -City and the Buyer only. This agreement is not to be disclosed to any other person or entity unless required by law. 16 D i Z ' 34.1 x0 32 / x3A) ) sxm'Q� C +m FiI �•1" � . x33B 0 X33.2 N 34.3 CIP C _ 34.1 x 43 ONE STORY �Q> •i2'0 x33,2 - G C.BS. J '3 33.9 `1C 339 "0 x337 x343 12 �2' • 34.e 1.4 4:1 COVERED 342 8 .1- ]4.5 0•9 PUMP STATION N 34.0 x34.3 N "• 31' .. J41 WO FENCE x341 7 OD 941 a .9 p 33.6 (J) 312 33.4 34.0 9 m 31.2 11.'122 3a. "O x31.0 In 338 933.0 x34.5 r 341 3.2 342 �CJS •12'0 GOAL n 3 PO57 - -01PL m WpP 4�4 x34.3 x3. 33.1 (POWER GOES 336 NOERGRWND) •POST FPK L84,3 Y3].e •12.0 z NOT LOCATED �'12'P • CJ � •12'0 x341 J 2 -P (p 33L J ,y1 �^ 34.3 3 vow •12 "0 3..9 V tYG 34.3 4-34.2 12'PF� X3 f-ISUDE PUMP 34. 34'6 POOL DECK SMN 33.8 34J 8' r FENCE 34.1 34.0 34.0 6�Qp ex! t'3 33.6 4s41 4A 4 1 4 34.0 � � 33. �' 14J 33.49 { 034.1 TO ONE 3RY CB.5, CNE STORY C.B.S. x34.6 CT J1'1 12'P x339 341 34.5 C01gD 14.6 3..5 35.3 34.6 3{. 1L 4. M6 1 3s.. .12 "P 34.4 'I6'O T133.9 34.5 8 ' cm dy wN {.4 '76'O eca® GSM 34.1 RO(}t 3t5 4.5 313 47 ..5 •IT'P 12 "P 12'P 116'0 1I6' 46! 34.4 4a.r - • 34S 34 CC 9 .SIR 4aY Ca 343..99 34. .4.3 �. 4.6 346 34.2 z 3 {.6. M341 34] 34.3 •s E l CA 05033 FSCAMBIA 34.4 3. 344 W L ONE STORY C.B. A/C 41 N._.. 043 3. _.... .. __. _,..... Oj ._ p x 332 do 331 1. `5'MH- `�► x. C 3k6 w �Qa1 8r, C.L WWYC p- U L WpP "0 31 x33.5 x329 34. 33.1 342 x3 2 .p A DFEOL =3`.6 x33.5 x326 x315 x332QNPi.�.. -� m p o 3 3Jg ' 6 0 la 338 y33i C4m x3].4 x3 .} 'RRC3P3 RCP 3 B' F FPK LB43 IMMOKALEE DRIVE o.1z w . $9•�? 40... �:+_lx 366.49r+w 'IFFY 33.9x }:1.9 „� x34.9 x 4 339 333x oT /$O• R-O-W, 44 x34.1 x33." x34.0 x34.9 QSMH x34.20.11 BASIS OF BEARING} 3'34') ' °, - x34.4 x34.4 wt x34.6 E7 34.1' 341 341 341 u F— Z V) Ff) x < C) m OLLJ LL 1 6 - A-, L ly LL, 0 <1 CO C) D < LL LJ (f) LLJ LLJ 7> ul? x < FP csw CD LLJ COVERED s (LJ O i Z (3) C) CD E E co E -E O Nn C, C--) rY 0 0 < : W 5 Z (,) XOZ 0 [If W < CL C) W 0- C) (if Z Oj j L LD < V) tQ w C)U� W> > co ST t '9 L 1,9 L A-, L ly LL, 0 <1 CO C) D < LL LJ (f) LLJ LLJ 7> ul? x < FP csw CD LLJ COVERED s (LJ O i Z (3) C) CD E E co E -E O Nn C, C--) rY 0 0 A x a 0 w FM 0 z w iWa U Jam Y w K 1 V) ILI O qtr o a J a 3 f0 L41 O a O L n w O V a i--� x w a w Id XZ CL Zi 0 1 /I/ ,Ml E Ml Eiian � a,�...�rrr�r� ( O 0 J m O Lj L U') O J(0 Oar) OZ II CC a� a7w CSV �L 7' TALL ,, - 0.7' wiDE N UovL waLL a L.J o v 3ANG 3]IVNowwi 161 W �C\ � N UN O � n y_ u a cu _ O U� gI E v v E o 2 EE S E E 0 NI m � _o V h N O N Op V 0 �4 ANN W g �NJ1} � CNddS U cO�Qti �rv4C � a I o h O O � ry ry O F Z w a i cD O a w U O w m J o U) 3 I Z � a w o O J J � Li LL) r 4 4 O Z O FM 0 z w iWa U Jam Y w K 1 V) ILI O qtr o a J a 3 f0 L41 O a O L n w O V a i--� x w a w Id XZ CL Zi 0 1 /I/ ,Ml E Ml Eiian � a,�...�rrr�r� ( O 0 J m O Lj L U') O J(0 Oar) OZ II CC a� a7w CSV �L 7' TALL ,, - 0.7' wiDE N UovL waLL a L.J o v 3ANG 3]IVNowwi 161 W �C\ � N UN O � n y_ u a cu _ O U� gI E v v E o 2 EE S E E 0 NI m � _o V h N O N Op V 0 �4 ANN W g �NJ1} � CNddS U cO�Qti �rv4C � a I o h O O � ry ry O F Z w a i 2 OPM 16'1 \ NEWMARXET SUBDIVISION OF IM UOKALEE, BLOCK 24 PLAT BOOK 1, PAGES 104 -105 THOSE LANES DESCRIBED IN �N44'21'44 of N89'21'44E E aR aocK 1518, pace zozs 14.281-11 2.83' KI 01 of 0 o .p \VI) I 2 zl zl �I P.O.C. SOUTHWEST CORNER CLOCK 24 I 1 N89' GTE 382.37' DtSCHIPI ION W 18.28' IMMOK_ALEE DRIVE - - -60I .R/w. - -- - - — A portion of Block 24, Newmarket Subniv;sian of Immokolee, as recorded in Plot Book 1 Pages 104 -105, of the Public Records of Collier County, Florida, being more particularly described as fellows; Commencing at the southwest corner of said Block 24; thence along the north right -of -way line of Irr rr ee Drive, North 89'20'00" East, a distance of 382.37 feet to the POINT OF BEGINNING; thence North 00'38'!6" West, o distance of 79.36 feet; thence North 89'21'44" East, o distance of 14.28 feet; thence North 44'21'44" Fnst, a distance of 2.83 feet to a point on the westerly line of those Icnds described in O'flcal Records Book 1518, Page 2029 of the Public Records of Collier County, Florida; thence South 00'38'16" East clung said westerly line, a distance of 8T.3fi feet to a point on said northerly right -of -woy line of Immokolee Drive; thence South 89'20'00" West along said northerly right -of -woy line, a distance of 16.28 feet to the POINT OF BEGINNING Conteinino 1,293 square feet or 0,03 acres, mo,e or less . SCHOOLS 4 CRAPwC SCALE NOTES: 1. This is not a survey. 2. Basis of bearing is State Plane Coordinates Florida East Zone 83/99 odj,strnent. With the Northerly right -of -way of Immokalee Drive represented by o beor;ng of North 89'20'00" East 3. Subject to easements, reservations and restrictions of record, 5. Dimensions ore In feet and decimals thereof. 6. Certificate of outnorizotion LB 43. LEGEND 008 Point of Degirminy PO Point of Commencement. D,R.8. Offlciol Records Book k/W Right -of -way CL Centeriine FOR THE EXC•_USNE USE OF Collier County Public Schcos ' D� TT ,M. OR THE FIRM) ftq. NOT VALID WITH047 THE SIGNATURE AND 'HE ORIGINAL RAISED SEAL OF A FLORIDA tICFNSFD SUReEVCR AND MAPPER This is NOT s Survey. clvn c ucavnlrltvn yr iNIIS JiMi118r =� - A PORTION OF BLOCK 24, NEn'MARKET SUBDIVISION OF IS4!dOkAi.F.F. °�^-- COLLIER_COUNTY, FLORIDA L 9CS00 I THO I DJH I IH -51 I SW,'2 -024 -1100 11 V I I IN.Li — -- I._.. "I 3_ ...t. I. :I ,06601111* 111,114 e52V1H- 5I.jr, INWKALE[ WEM CCIAER SCALE: 1'=100' 0' 25' S0' IOS' 2W' ,HWMEE SPORTS COYPLEx ,q �- �Al(41 1 B A�ot U)dt — i I I This Is NOT a Sur , POR COWER COUNTY PUBEIC SCII0015 Y• A PORTION OF BLOCK 24, NEWMARKET SUBDIVISION OF IMMOK.ALEE, ccsoo Txo om aN -zel Nloaz- oai -nao I oe t +N -zol Oct n. .2007 - 04,09 D2 *��sa0ai�gx� \surt�R+osz��e -z0 i.e.y I6fl'1 ill NElYMARKET SUBDIVISION OF IMMOKAi.F.F„ BLOCK 24 -..� PLAT BOOK 1, PAGCS 104 -105 S074714'W \ 7.57' "HOSE LANDS DESCRIBED IN O.R. 800K 1518, PAGE 2029 I CCSOO I TMO I Wil I IH -52 1 1052- 024 -000 I I R I I Ili-'2 ( f ni -5: c.q m of a c Iq a Z� o qs vs so ,m ml � ORaPmC SfA'.E Fa �u°: NOTES: P.O.C. 1 This is nci o survey. SOUTHWEST CORNER BLOC K 24 2. Basis of bearing Is Slate Pione Caortllnales iga Cost Zone 83/99 �_ I i atljuatmenl. WS;h the R. rtneny �y — — right -o! -way of Immoke;ee Dr'cre N89-20-ODE 358.65 represented by a booting of North 89'20'00" East IMMOKALEF. DRIVE J. Subject to easeme,of reservations and res QicLOns 0' record 5. Dimensions ore in feel and DESCRIPTION declmofs thereof. A pardon of RI-1, 24, Newmarket Subdivision of 6. Certllil.to of aulhod¢otron LB 43. Immckolae. as rec.rced in Plot Book 1, Pages 104 -105, of the Phblic Records of Collie, Cm.nty, Flor;da, being LEGEND more par;lcularly described as follans: Commen4ing of the eoutbxcp! n G al '.al ' Sa Block 24: 0.0.9 Po 't of Dcgin ing thence along the ^min rig Yd -of uwoy line of Immokalee P.O.C. Point of Commenceman! Dri„e, North 89 2000" East, a distonca of 398.65 feet O.R.B. 016c'm, Records Book to the scuthwest corhe, of Irtose la -ds described In � R RjW Right -of -why Boa. 15`8, Page 2029 of the Pvblk Records of Cc' -liar Ce =tertme County. Fbriao: trance leaving said north riant-of-vay Tine, North " FOR THE ErCL'LSIVE USE OF 0031 Vi oon9 the Westerly Gym or acid aescrioetl CaliO( Caun(y Pu biC SCn005 lords, 0 G eItanCe of 134,45 feel; tha,z a co n:ndng wnq sold Was:ery line North 06'02'53° West. o distance of 97 3, feet to the POINT Ut BLGINNING of the Parcel harem described'. thence leaving coed Westerly f.rm South 8747'55" West, a c distance of 7.57 feet: thence North 0038'15 West, o ,1,tonno of 80.07 feet to o Point on the wert,ly line of DAVID J. ATT P.5.M_ (FOR THE PRM) said described lands, thence South 06'02'53" East, o FIA. UC. NO 5934 distance of 90.23 feet to the POINT OF BEGINWNG. NOT VALID ovTHOUT THE SVNATDRE AND C."Whin9 3C3 saoare feet or 0 Of acres, more or Iasi- THE ORIOINAI RAV'M g4L nF A r "LORIOA LICENSED SURVEYOR ANC MAPPER FOR, COLLIER COUNTY PUBLIC SCHOOLS This is NOT a Survey. SKETCH k DESCRIPTION OF .A PORTION OF BLOCK 24, W %snMille% NEWMARKET SUBDIVISION OF IMMOKAIJ,R COLLIER COUNTY, FLORIDA I CCSOO I TMO I Wil I IH -52 1 1052- 024 -000 I I R I I Ili-'2 ( f ni -5: c.q m ORIGINAL TO A OMPANYYAALL ORIGINAL DOCUMENTS SENT TO . TIME BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE _ Print an pink paper. Ameh to original document Original docamentr should be head delivered to the Board Offica'Iiscamplemd routing slip and original daeameam are to be fixtwaded to the BonrdOffiee only afta•the Board has talcm -alm ad the item.) .. . ROUTING SLIP - Complete routing lines #1 duoagh #4 as apprapnam for adffld m ! sigasm dams, aadlor infa®aden -eed -f If the docnm cat is already complete with the c=cpdm of the fm's nananne, draw a line drano rantiag fine #1 thorn #4, coroplate the checklist and forward m SucFBson (fine #.�. Route to Addressee(s) Office Initials Date (list in rondo . - _ 1 - 2_ 3. Sue Filson, Ezecutivyl&fiager Board of County Commissioners s Office - PRIMARY CONTACT INFORMATION (site primary coutact is the holder of the anginal documont pending BCC approvaL Narshaay the primary contact is the person who ==d/ptepared the executive srttamary. Primary Contact infmmanon is -ceded in the event we of the addtences above, including Sue Filson. need to contaat.staff for additional or missing inlermadon. AB original doeuasean needing the BCC Chairnaa's sigoanue are to be delivered m the BCC office only slur the BCC has aced m approve the item.) Name of primary S ^^ Phone Number Contact Agenda uate item was I — ^� I Agenda Item Number I y e z Approved by the BCC q �10 I 1 - (l > 1 Qj Type of Document I Number of Orivinai L• Forms/ County Forms/ BCC Forms/ Original Dmuneva Acing Slip wWS Onvna19.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes columm or mark "MA" in the Not Applicable column, whichever is Yes N/A (Not (Initial) Applicable) 1. Original document has been signedfminaled for legal sufficiency. (All documents to be alined by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements etc. that have bees fully executed by all parties except the BCC Chairman and Clerk to the Board and possffily Stare Officials.) 2 All handwritten.strike- through and revisions have ben initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board C \ 3. The Chairman's signaure line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's a and initials are required. tv� 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval Some dominants are time sensitive and require'forwarding to Tallahassee within a certain 1� \ time frame or the BCC's actions are nullified Be aware of your deadlines! 6. The docnmemt was approved by the BCC on -f)- (enter date) and all changes made during the meeting have been incorporated in the attached document The County Attorney's Office has reviewed the changes, if applicable. L• Forms/ County Forms/ BCC Forms/ Original Dmuneva Acing Slip wWS Onvna19.03.04, Revised 1.26.05, Revised 2.24.05 16fl� AGREEMENT (Immokalee Career Center / Immokalee Sports Complex) THIS AGREF'.MENT, entered into this '� day of N0 Q , 2007 between the SCHOOL DISTRICT OF COLLIER COUNTY FLORIDA, hereinafter referred to us "School ", and the BOARD OF COUNTY COMMIMNERS, Collier County, Florida, hereinafter referred to as "County." WITNESSETH: WHEREAS, the County is the fee Lille owner to certain real property located in Immokalee Florida upon which the Immokalee Sports Complex (the "ISC ") is Located and also including the 3,670 square feet identified in Exhibit "A" attached hereto and made a part hereof (the "Parcel "); WHEREAS, it is the School's intent to acquire the Parcel for the purpose of constructing a mechanical utility building and chiller plant to serve a public educational and training facility known as the Immokalee Career Center (the "ICU) which is located adjacent to the ISC; WHEREAS, it is the County'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 to 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 best service with the least possible expenditures of public 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 and intending to he legally hound hereby, the parties agree as follows: 1, CONVEYANCE OF PARCEL & ACCESS PROPERTY Subject 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.APark.s & Rec Interlocal - Immokalee Career Center due 16B21 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 "S" attached hereto and made a part hereof (the "Electrical Installation "), The School shall attempt to provide continued electrical service to the ISC during the time construction is ongoing for the ICC. The County shall grant the School permission to perform the Electrical Installation in the location shown on Exhibit "f3 -l" attached hereto and made a part hereof. B. Demolish and remove the building located on the Parcel in compliance with all local, state, 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 perform the demolition in a location approved by the County and to construct the mechanical utility building and chiller plant no the Parcel- C. Relocate 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 storm water drainage pipe relocation. D. Modify and improve the access driveway to the ISC mainteuazice building as shown in Exhibit "D" attached hereto and made a part hereof. The County shall grant the School permission to perform the access /driveway construction modification and improvements. The School shall convey to the County tee simple title by good and sufficient deed, free of liens and encumbrances 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 concrete wall and a fourteen -foot mechanical building as shown on Exhibit "F" attached hereto and made a part hereof. Relocate any plants, trees, irrigation, electrical lines and or light control panels (affected by the installation of the concrete wall and building) 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 fee 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 encroachment located along the joint property boundary as set forth in Exhibit "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 H111arks & Kee Intenocal - Immokalec Career Center dnc 16D21 permits, wall permits and demolition permits. The School shall perform the work in a manner that minimizes any disruption 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. 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 Fence Property to the County, in fee simple, by special warranty deed. All deeds shall he free and clear of all liens, defects, encumbrances, except those conditions, reservations, restrictions, agreements and easements of record and zoning ordinances. The conveyances are contingent upon either parry, as necessary, designating its real property as surplus by a formal resolution aAer applicahle public notice. In the event that any defect of title appears at the time of closing, the party holding title to the defective property shall have thirty (30) additional days to cause said defect to be removed. In the event the party holding title to the detective property is unable to remove said defect, the other party shall have the option of accepting title to Parcel in its then current state or voiding this Agreement. B. Recording fees and all title work and insurance for this transaction shall be paid by the School C. The legal description of the Parcel, the Access Property and the Fence Property 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 by School. D. Possession of the Parcel will be granted to School and possession of the Access Property and the Fence Property will be granted to the County as of the date of closing. E. Closing shall occur on or before one- hundred and twenty (120) days from the effective date of this Agreement. 3. MISCELLANEOUS & INDEMNIFICATION A. Each of the parties hereto represents that it has full anti 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, actions HlTar" & Rec interlocal - Immokalee Career CenCW floc 1621 and liabilities arising out of any injuries or damages resulting from the utilization of any constructinn permission granted in this Agreement, except where such damages are occasioned by the negligence of the County, its agents, employees, guests or invitees. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in their respective namea. DWI 1` E.�BROC , Clerk BOARD OF COUNTY CON3MISSIONERS, CC11�k COLLIER CO] Y, PL D ktt�� eS Co tho (roan y By — — J COLE TA, Chairman 5`1QgpXut�b''onl ■ App�Z� form and le al sufficiency: Assistant County Attomey THE SCHOOL IST ICT OT COLLIER COUNT By: STEVEN J. IN NOVAN, Chairman Attest�� DENNIS THOMPSON, Superi endent Schoo�r /d AA orn y Apr a1: _ BY:< G� �2� -- % Richard Wes. Withers Date: /, / J , H Harks & Kcc Inlerlocal - Immokalce Career Ccntcr.noc 4 X 411� Ut WW of P, er 0 a 0 o^ 9 W v R E 2 SI W ^I NEWAMR ✓ET SUBDIVISION OF IMMOKALCC, OLOCK 24 Of AT Rnrlu 1 RaCPG tnd -tn5 P.O.C. SOUTHWEST CORNER OLecK 24 NB9'20'00 'E 398.65' DESCRIPTION I MOKALEE DRIVE BO' R/W A potion of Block 24, Newmarket Subfddicn of Imr'nokolee. as recorded in P;at Book 1. Pages 104 -105, 01 the Pubic Records of Collier County. I being more particularly described as follows; Commencing at the southwest corner of said Black 24; thence along the north right -of -Hoy One Of ImmokOlee Dne,h North 89'20'00" Cost, o distance of 399.65 feet to the southwest earner of Inns? lolls deaolbcd in O.R. Book 1518, Page 2029 of the Public eeoords of Caller County, Flo-'dci Inence lea ✓mg said north agint -of -way line, North 00• i0'16" Mast along the Westery I:re of sad eescribed Ideas, a distance of 134.45 feel) Inence contiwing along saitl Westerly Ile North 06'02'53" west, a dsionce of 37 IS fee: to Ile PniNT CF BEGINNING i the parcel herein desclibedi thence canti ing o1oe9 saitl Westerly line North 06'02'53•' West, o distance of 60.14 feel, thence North 6T47'55' Edel, o aielwmc of 03.19 feet, thence South 0212'05" East, a distance of 60.00 feet; thence South 87'41155° West, a distdace of 59,15 feet to the POINT OF BEGINNING. Containing 3,670 sGjare feet or 0.084) acres, mare or less THOSE -ANO5 DESCRIBES IN Ij O.R. BOOK 1518, PAGE 2079 ix �� I Is `° GRAPHIC SALE 'ss NOTES, 1, This is not o survey. 9 Pea el beo-ing .y State Plane Coordinates Ronda East Zorn 83/99 adjustment. With the Northerly right -of -way of ImmokoHee Shine roylesentea Oy o bearing of North 89'20'1 East 3. Subject to ease ^ants. reeerec Dons and restricl'ons Of record. 5. D'inensions ere In feet and neoimols thereof. 6. Cer(ificote of outhodcatlor LIS 43, LEGEND I Point of Beglr,ninq POC Pant of 0"n-I cemenf O.R.B. Official Records Book R/w Right- of -woy L Cent"hir. FOR THE EX-f- E USE OF; Cori., County Yuo4c behres SAVID L�nY T4-OR THE FIRM) .5834 N07 VALID WITHOUT THE SIGNATURE ANC THE ORIGINAL RAISED SEAL C' A FIORInA - ENSFr, SURVEYOR AND MAPPER This is NOT a Survey. o nuruu a C`O` at- ntrvnn ur ��p�%� PORTIOOF BLOCK 24, I�It1 mNer EWMARK SUB,,HF"L ION OF IAi618KAl.EE �� OLLIER UNTY FLORIDA ...».r.,,.„,....,.._._.,_ --. _- GCS00 11,10 DJN III -4B N1052 -024 -000 I a 1 Ifl -4tl necs.x \s.e�slo ^aA1h_as n.a 16021 Proposal - ELECTRICAL 16021 12296 Matterhorn Rd, Fort Myers, FL 33913 Phone: (239) 768 -5566 Fax: (239) 768 -2336 To: Kraft Construction, Inc. Date: June 12, 2007 1010 Sanitation Road Proposal No.: E-1 Immokalee, FL. 34142 Revision Date: Attention: Wes Chronister Page: 1 of 4 Project Name: Immoka lee Career Center Location: Immokalee, Florida We hereby propose to furnish and install all labor, materials, tools, equipment and transportation for the electrical installation in accordance with the following (including attachments): Description of Electrical service for existing building. work: Documents used No drawings available. in preparation of this Proposal: Qualifications and • inclusions: Clarifications: o Permit fee, inspections, approvals and tests. j o Comm i.csinning, start-up and ownerloperator instructions. o Equipment identification and labeling for work described above. o Record as -built drawings and O&M manuals where applicable. o (100') allowance for Secundaiy feeders from new LCEC pole handhole to new 300A 3phase 480V Main disconnect. o Existing main panel back to back with new 300A Main disconnect. o Providing standard building grounding for new service feeders. o Assume all work to be performed during regular business hours. • Exclusions: o Service to existing Pool. 1 n Demolition of existing Buildings. o Normal mairifehande including but not limited to: cleaning, torque and tightening. o Patching and painting of finished surfaces. o Udllty fees, LCEC transfunner pad, j-box or related grounding. o LCEC primary conduit, wire or terminations. NSS or surge related devices. 7 o Waterproofing, or seals for slab, wall, or roof penetrations. o No ductbank included. I ri -Gity Electrical Contractors, IF ic., shall not be held liable for errors or j omissions in design by others, nor inadequacies of material and equipment specified or supplied by others. • We intend to complete all work in accordance with local & national electrical codes fnr the work described above. • Repairs to existing inoperable equipment are excluded unless otherwise noted. Repairs to existing wiring and systems that do not comply with electrical codes, regulation or specifications are excluded unless otherwise noted. . We guarantee our work to be free from defects for one year from completion. I Repairs to defective workmanship or mateiiafs within this period will be made at no cost. Phis warranty excludes: unauthor¢ed service, Misuse, negligent care, __ ...._,i „ +: f+nmc fnrnichad by nthem lames. ?3C �iC:CRCIi /Tc7.'Q:':1�.IT2` CCNTR''CTOR i 16L Tri -City Electrical Contractors, Inc. Proposal, continued -z' unusual wear and tear, vandalism, obsolescence, weather damage or other cause beyond Td-City's control • No Temporary power provided for Standard 120voit (20amp) outlets and powe 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 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 work. The work will be performed during normal working hours. No provisions have been included for overtime, multiple shifts, weekend or holiday work. . We anticipate a start date of June 15, 2007 and duration of approximately 15 days. • We have included an allowance of -0- man -hours of overtime premium labor cost. Custome r Responsibilities: For Tri-City to properly perform the work, the customer shall: • Provide a safe work environment. • Allow access to the work site and use of building services including but not limited to: parking, water, restrooms and storage area. • Provide Tri -City with work rules and special instructions prior to the performance of the work. • Remove obstacles from the work area(s) and keep areas clear of equipment, supplies and materials. • Allow adequate timelphasing for the work and not impede or delay the performance of Tri-City's work. • Provide information in the customer's pnssession that may aid the performance of the work such as: 0 &M manuals, operation instructions, as -built drawings, maintenance logs, utility records, etc. • Promptly notify Tri -City of any unusual operating conditions. • Allow Tri-City to stop, start, shutdown, turn -off and tum -on equipment as necessary to perform the work. • Provide waste disposal facilities. Tri -City will remove packaging, trash and waste generated in the performance of this work and place in the customer's waste. containers. . In order for us to begin work, you must either a) execute this proposal (return an original copy to us which will form the contract between us) or b) we must execute a mutually agreeable contract. —_ I6D21 Tri -City Electrical Contractors, Inc. Proposal, continued -3- The price for the work described above is as follows: This proposal is void and may be withdrawn ifnot accepted in writing or a contract agreeable to both parties carmot be negotiated within 30 calendar days ofthis date. Unless otherwise statedabove no provisionsfor price escalations have been included in this proposal This price maybe subject to escalations after the void date. Std Oualificatio nr Tri -City has been informed by our various suppliers of electrical products, that many manufacturers have invoked price -time constraints on their agreements. Current pricing maybe limited to very short periods of time even to the point of "price in effect at the time of order" basis This situation is not conducive to flee construction industry, especially for lengthy projects. Volatility in the market whether caused by natural disasters, raw material shortages, increased demand, strikes, etc., have made it impossible to predict our costs and offer pricing for extended periudv of time. As a resin, the above quoted amount will be qualified as follows: Our proposal includes 84,452.64 of copper based products, which is a pretax amount and is based on the pricing information available at the present tune. These figures will be considered your allowance for all products of this nature to be purchased for this project Final pricing will be based on the net changes between this allowance amount and the total cost at time of shipment for the reapecfive group of products. A contract additive or deductive change order will be required for the differences. We will provide quotations and all necessary back -up information as required Kraft Construction Inc. Tri•City Electrical Contractors, Inc. Acceptance 'y^� jy^ signature algmturo ^� f1 Jahn Rieselmart Prinfcd !Jame/ 2 �t�r'd °9 �✓' l Servicz and Special ❑tie J Ozte Projects Dept. Manager This document is proprietary in nature, for the exclusive benefit of Tri -City and the Buyer only. This agreement is not to be disclosed to any other person or entity unless required by law. z C Q - t...,4.1 s /r CLP "P iJ39 "AF9� � r4 1.0 N 34.3 4 - 31.1 � 4..7 '12.0 x337 ONE STORY r G�4I C.BS %313 4e 4.1 COVERED 2 "0 .L "P n 34. r 943 (JI 342 6 341 P r i WOW FENCE x341 3 3f0 '--- IAiPL NPP 33.9 (POWER GOES FPK L843 NDERGROUNO) I 31.0 9 P Z O x31.0 34.4 34.4 Oaf - O�y • 346 338 J %34.5 34.1 J ]a? 34 cil C %321 6, D , - t...,4.1 s /r CLP "P iJ39 341 ' %712 xa" 34.3 C1P, jp CC�alm 446 '12.0 x337 s x33.] %313 46 1 2 "0 x}"12 "P 42 "P� PUMP STATION %340 345 3B ! i WOW FENCE x341 3 3f0 .16 "0 33.6 cmam CSN 345 NOCx 345 G� 33a 1A 12"P 45 , 4.5 -12'P 12 "P 31.0 9 '72 "0 34. 33.+ x31.0 34.4 34.4 Oaf - O�y • 346 338 ■33.0 %34.5 34.1 fCJo •12 "0 342 342 34. GOAL AO ' OHO 3 %313 G 316 Z x3. 330 •GOAL x311 34 ] x'12 .12 "0 POST WJ \ "P 3.4'12"0 %34.1 f 2'P 33D FE NCE 34.3 2'0 31.1 .i�G -342 34.0 12'P6ra xi cil C - .._..`12 "P iJ39 341 34.3 jp CC�alm 446 34.5 30.3 346 31 46 1 1 1 x}"12 "P 341 •16 O IYJ3 9 U 345 3B ! G �' 44 3 1 .16 "0 cmam CSN 345 NOCx 345 G� 33a 1A 12"P 45 , 4.5 -12'P 12 "P 5"0 34.4 34.4 Oaf - O�y • 346 34 08 M SIR 34343 QrC9 34. ' 4] CSR 34.6 34 b C, 342 Z 346. x311 34 ] ONE CBS. 34.3 Up j FE NCE KW5 ESC AM8IA 31.1 341 j W L ONE STORY C.B. A/C 41 EQ ... i C N6 34.E SC w n 8' C.L �. 's rat. LI i 14PA .r31 x335 %329 33.1 342 x3w .}x D "0 p}�pL X33.6 -31z 43 t+ x326 .23 x 33.$ ,_ 11+31Si ° wV 4Ep • 6'0 vv . 33.8 AP P x33A% 15"fi S RCP 3 S B C. X0.12 W x31.0 IMMOKALEE DRIVE 24.2 p f'fx33. V9xy4A YV... .A3-- J66'.4JxWY •FIE 339 33.9 xJ'i5 33.9x 0.1: 4.4 x34.1 x33.8 x34.0 x9SMH x34 BASIS OF BEARING JK31.1 ' 3 `3" xa41 4' Et 3{-1 311 CD W 7 m V) O br N ? 7 Q W 4 zn W 1 O LL LW U � S F- Z N� xQ I W CI] jj� W n ::� 7 W Xz O C) Of QL Q CL C) W � On i 16U LLO �� n W .tom z Z W awaw D as U f- L XIN Ln J Q. CD W 7 m V) O br N ? 7 Q W 4 zn W 1 O LL LW U � S F- Z N� xQ I W CI] jj� W n ::� 7 W Xz O C) Of QL Q CL C) W � On i Ln. S401L — J l y.. f� L�J Q' c� 0 nmo J aL II CC a: LL i) V) w 16U LLO �� W .tom f— Q U f- L XIN m w m m O U U - n N I Q QO W > Z OO (R- U Ln. S401L — J l y.. f� L�J Q' c� 0 nmo J aL II CC a: LL i) V) w 1.0VER I csw m, m o 11 Y U E -o2 Ll Ci3 0 $ a.' a o .� E �I E E co g � F- m O 'MGM1u iU O i GNI`V� �j W VI O d^ g V K O Q f C> O 1 Ni N pppp O FP7� z ® a z�3 o < � �a r) Ct' V C� LLO �� W .tom f— Q U f- L X Q w m 1.0VER I csw m, m o 11 Y U E -o2 Ll Ci3 0 $ a.' a o .� E �I E E co g � F- m O 'MGM1u iU O i GNI`V� �j W VI O d^ g V K O Q f C> O 1 Ni N pppp O FP7� z ® a z�3 o < � �a r) Ct' V C� a 0 W G � d 0 LLJ Lwa C) Q Q W Ijnl o ,Z � I U n Iw J Q > IU C) W a° o W a w (L Z Q. J lr5o ) �4 �L Lb f- W O oc m J N 3z MO } Z W i� q J J i W Q �? O o Q. L.. 0 Z 0 LLJ Lwa C) Q Q W Ijnl o ,Z � I U n Iw J Q > IU C) W a° o W a w (L Z Q. J lr5o ) �4 �L Lb 9ARJO 9]IVNowwi 0 Imo W Ln O<W) 0Z II w Q W, a =L, CC W r *ALL 0.7' INiDC sUUN(; WALL L� 1 i °I i 16D2. C � � N „' (D N W C C U ca U Ud Ea v CD E `m f mo w o a � EO V E � NI E O N ym co 1- 0 h Jh � N app o 7i 0h, d Nw pr�I U cUqu 3 • NL.N O I O O � G N N h N O �y z w o a oc 9ARJO 9]IVNowwi 0 Imo W Ln O<W) 0Z II w Q W, a =L, CC W r *ALL 0.7' INiDC sUUN(; WALL L� 1 i °I i 16D2. C � � N „' (D N W C C U ca U Ud Ea v CD E `m f mo w o a � EO V E � NI E O N ym co 1- 0 h Jh � N app o 7i 0h, d Nw pr�I U cUqu 3 • NL.N O I O O � G N N h N O �y z w o a 4 IMMOKALEE DRIVE �_ - -OOr Vii -_ _ _ _ - --- Ut-SC;KIPHON A pa-t on of Block 24, Newmarket Suhdivsmn of Imrnokclee, os recorded In Plat Book Pages 104 -105, of the Pvb!ic Records of Collier County, Florida, being more part',culorly described as fc!lows; Commencng at the southwest corner of said Block 24; thence olong the north right -of -woy line of I"Moka!ee Drive, North 89'20'00" East, o distance of 382,37 feet to the PO',NT OF BECiNNINC: thence North CO'38'16• West, a c'.stence of 79.36 feet, thence North 89'21'44" East, a distance of '4.28 feet thence North 44'21'44" Fn =. +., n dlstonce of 2.63 feet to a point on the westerly line of those Iends described in 01fcol Recares Book ;518, Page 2029 of the Public Records of Collier County, Florida; thence South 00'38'16" East alorg sod westerly line, c distance c' 81,35 feat to a point on said northerly right -af -woy lire o` Immokoiee Drve; thence South 89'20'00" West along sa,d northerly r4jh -of -woy Tine, o distance of 15.28 feet to the POINT OF BEGINNING, Contalrinc 1,293 squore feet or 0.03 cores rno -e ar Iess. 01-18 X, CGAPHo SCnLE NCTF.9 1, This 's not c survey. 2. Basis of bearing is State Piave Coordirates Florida East Zone 83/99 odj.;e Lirleri . With the Northerly right -of -woy of Immo:o'.ee Cive represerNsc by c oeor :ng of North 892000" Eosl 3. 5ubieci to easements, reservotlons and restrictions of record. 5- Dm.enslons are L, `eet and cecimals thereof. 6. Certif -ate of authorization LB 43, LEGEND FOR Po'Irrt of Deglrniny POC Point of Comme'ncemea( O.R,B. Cffiral Records gook k/w k�ght -of -woy Center4ice FOR THE EXC'I_USIVE i SE OF Coins, County PUD.iC School O J' H TT P ,M. (FO TnE FIRM) ..V+. it 3r- NOT 1/40 w.THOCT THE SGNA -URr AND 'HF ORIGINAL OA E9 SEAL OF A FI_6RICA WFNSf'(1 'FIR11 VIR AND VAPP[R This is NOT a Survey. CC• ». A YOP.TION OF BLOCH n1 Ils¢nMiller NEWMARKET SUBDIVISION OI/ 151MOE41YE COLLIER COUNTY FLORIDA x „" " °`.wpm ,_.. 1� 7e' 17M TY (a9�Nm: 1a aL IP WlGT NR 2f -GO p Orvwro lwO pR � .. ., o ti ,vgnr5 x•:NI:5 .A.r -�i avg 162,1 0 klwA411s" SUBDIVISION PLAT BOOK 1, CF IA1vOKAl EE. BLOCK PAGES 104 -105 24 '1 D" 9) THOSE iANCS D'_SCRI8ED IN N814,28' E 14.28' N4421'44E 2,83' a_R. e30K 1818. PACE 2324' IMMOKALEE DRIVE �_ - -OOr Vii -_ _ _ _ - --- Ut-SC;KIPHON A pa-t on of Block 24, Newmarket Suhdivsmn of Imrnokclee, os recorded In Plat Book Pages 104 -105, of the Pvb!ic Records of Collier County, Florida, being more part',culorly described as fc!lows; Commencng at the southwest corner of said Block 24; thence olong the north right -of -woy line of I"Moka!ee Drive, North 89'20'00" East, o distance of 382,37 feet to the PO',NT OF BECiNNINC: thence North CO'38'16• West, a c'.stence of 79.36 feet, thence North 89'21'44" East, a distance of '4.28 feet thence North 44'21'44" Fn =. +., n dlstonce of 2.63 feet to a point on the westerly line of those Iends described in 01fcol Recares Book ;518, Page 2029 of the Public Records of Collier County, Florida; thence South 00'38'16" East alorg sod westerly line, c distance c' 81,35 feat to a point on said northerly right -af -woy lire o` Immokoiee Drve; thence South 89'20'00" West along sa,d northerly r4jh -of -woy Tine, o distance of 15.28 feet to the POINT OF BEGINNING, Contalrinc 1,293 squore feet or 0.03 cores rno -e ar Iess. 01-18 X, CGAPHo SCnLE NCTF.9 1, This 's not c survey. 2. Basis of bearing is State Piave Coordirates Florida East Zone 83/99 odj.;e Lirleri . With the Northerly right -of -woy of Immo:o'.ee Cive represerNsc by c oeor :ng of North 892000" Eosl 3. 5ubieci to easements, reservotlons and restrictions of record. 5- Dm.enslons are L, `eet and cecimals thereof. 6. Certif -ate of authorization LB 43, LEGEND FOR Po'Irrt of Deglrniny POC Point of Comme'ncemea( O.R,B. Cffiral Records gook k/w k�ght -of -woy Center4ice FOR THE EXC'I_USIVE i SE OF Coins, County PUD.iC School O J' H TT P ,M. (FO TnE FIRM) ..V+. it 3r- NOT 1/40 w.THOCT THE SGNA -URr AND 'HF ORIGINAL OA E9 SEAL OF A FI_6RICA WFNSf'(1 'FIR11 VIR AND VAPP[R This is NOT a Survey. CC• ». A YOP.TION OF BLOCH n1 Ils¢nMiller NEWMARKET SUBDIVISION OI/ 151MOE41YE COLLIER COUNTY FLORIDA x „" " °`.wpm ,_.. 1� 7e' 17M TY (a9�Nm: 1a aL IP WlGT NR 2f -GO p Orvwro lwO pR � .. ., o ti ,vgnr5 x•:NI:5 .A.r -�i avg 162,1 0 Al bl I '1 D" 9) J m zl w' ep �I P.O.0 r s3uTHwesr CORNER / ©IOCK 24 P.O.B. - - -- _ \— - - .V/ — 589'20' W N89'20 '00'E 362.37 16.28' IMMOKALEE DRIVE �_ - -OOr Vii -_ _ _ _ - --- Ut-SC;KIPHON A pa-t on of Block 24, Newmarket Suhdivsmn of Imrnokclee, os recorded In Plat Book Pages 104 -105, of the Pvb!ic Records of Collier County, Florida, being more part',culorly described as fc!lows; Commencng at the southwest corner of said Block 24; thence olong the north right -of -woy line of I"Moka!ee Drive, North 89'20'00" East, o distance of 382,37 feet to the PO',NT OF BECiNNINC: thence North CO'38'16• West, a c'.stence of 79.36 feet, thence North 89'21'44" East, a distance of '4.28 feet thence North 44'21'44" Fn =. +., n dlstonce of 2.63 feet to a point on the westerly line of those Iends described in 01fcol Recares Book ;518, Page 2029 of the Public Records of Collier County, Florida; thence South 00'38'16" East alorg sod westerly line, c distance c' 81,35 feat to a point on said northerly right -af -woy lire o` Immokoiee Drve; thence South 89'20'00" West along sa,d northerly r4jh -of -woy Tine, o distance of 15.28 feet to the POINT OF BEGINNING, Contalrinc 1,293 squore feet or 0.03 cores rno -e ar Iess. 01-18 X, CGAPHo SCnLE NCTF.9 1, This 's not c survey. 2. Basis of bearing is State Piave Coordirates Florida East Zone 83/99 odj.;e Lirleri . With the Northerly right -of -woy of Immo:o'.ee Cive represerNsc by c oeor :ng of North 892000" Eosl 3. 5ubieci to easements, reservotlons and restrictions of record. 5- Dm.enslons are L, `eet and cecimals thereof. 6. Certif -ate of authorization LB 43, LEGEND FOR Po'Irrt of Deglrniny POC Point of Comme'ncemea( O.R,B. Cffiral Records gook k/w k�ght -of -woy Center4ice FOR THE EXC'I_USIVE i SE OF Coins, County PUD.iC School O J' H TT P ,M. (FO TnE FIRM) ..V+. it 3r- NOT 1/40 w.THOCT THE SGNA -URr AND 'HF ORIGINAL OA E9 SEAL OF A FI_6RICA WFNSf'(1 'FIR11 VIR AND VAPP[R This is NOT a Survey. CC• ». A YOP.TION OF BLOCH n1 Ils¢nMiller NEWMARKET SUBDIVISION OI/ 151MOE41YE COLLIER COUNTY FLORIDA x „" " °`.wpm ,_.. 1� 7e' 17M TY (a9�Nm: 1a aL IP WlGT NR 2f -GO p Orvwro lwO pR � .. ., o ti ,vgnr5 x•:NI:5 .A.r -�i avg 162,1 0 I , / it I I I I) � 1 1 iI 1 �MMOINEEE CMEEfl CEdRN SCALE: 1'v 100' 0' zs- 5W i00, aw WW"LEE SV WS COMMIX I� ,i - _.�-------------------- - - - = =- i_WNOKA7�&- DA WE -- . I I I I A PORTION OF BLOCK 24, NEWMARKET SUBDIVISION OF IMMOKALEE, This is NOT a Survey. 00300 1'NO J;li 4F1 -2L1 � K1 U52 -0'df -000 � I Cf 1 .N -2U1 0-1 23. n,7 >. 01,u 7(]53,RhLIX' \SUR\bID5¢ \4M -701 r,g NEWMARKET SU9UMSON OF IMh'- OKALFF„ BLOC{ 74 PLAT SOCK I, PAGCS 1C4 -105 S5T47'5S'Y 7.57' oI s �Ic B a SI A Ch y -HOSE LANDS oESCRIbs° IN O.R. COOK 1518, PAGE 2029 1 I� ®�I T Lis 11 to Iw GRaP tiIC SCa.l N3-ES' 1, TCI_° is cal O sj,C,, I GCS00 I TMO I Dix 1 IR -ea 1 NI058 -oz4 -000 I I a T I 11I I I 6D21 �POC. SOU?tiWEBF CCRUER '.1 \ _ . 2 . Bosis of be ,q Is Stc•e Ptane BLOCK 24 Cocrd�noles FUr a East Sane 83%99 Vo tncrY Cd imcaL Mt th — �� rghl of —way aI mmckelea 9nre N89 20'00' 39E 65 rep eseatec ay a bemmg of Norta di9'2C'00" East J. S'LIs C' 10 sesL 9"te reee Na boas 7MMOKALFP., DRIVE and restrict o,s o^ record. _ _ P0, R/W 5_ D,enclons cre n feet and CESCH'PLCN d":'aFS ;hereof. A phrl p of nck 24 Ne,rkel $ubtlm.6 on or 6. Cert SCate Cl DJthoc Zabt.0 L.S 43. Im Trkolea. as ....road fn Plat Boos 1. Pages '04 -105, A' the Pobic RecoIds Ct Cahol Coi oly. Florrdo. Ce'-19 LEQEND more par,cua y desFr lej as fofoxs: a.0.6. Felt c' Oeg -nnmg G mmc ^e g at tC 50'.. 't L11'11 I' SC`d Block ],6', r G.G PC'r'l 0 Cc'4menCemO ^ ePCe of0 g .}te ighl of,cr a Ct I"'Okolee -i C.R, B. CJkro. Record, 9a01, 0,'mo, Norm 89'1000' 'ay. o dista ^ce o' 398.65 feet ,a the SOVIM.weSl corne' of those IOOd5 CesCUtld i " R/N RiGht of- not 80o, 1 �,E Faye ZD29 Cf !ae oubl^ Reco'ds a' Cc Ier E °a nlarLne Ca,t , Ponca, thence Ieavinq call north !Ignt —o= —>v oy Ilea, NCILI FOR TAE Ex%,S'VE USE 0, . CC'38'16 Env OI T'q In, VVe Of"Iy i..e J Bald dtso,,OeC zat:ier ;; oLn'.y P'Lhc SC npa3 Olds, e alstance of 134.45 feet,, thence coMt rrq Ofa ^.Ij 3Gid Wes,ery I'r'e NCCh C5'C2'53' West, a dista, of 97.3 feet fo tr;e POINT Lf efR [NV N a 0, Da ceI ne e1n de bed t?lenc, . lea I So 1 Wes e ly I r South F7 47 5. WeeL a < d stance of 7 E? feet: tte ca North 00 38"6' West. a r' d ... 190 02 .set ta a Int c th ;tcry Irne of JA IO J. ATT P.S.M. "OR TRF PRM) sad des. add in ds: the ca South 9601 3 East. a rLA. LIC. ti0. 5934 dscaace of 80.23 feet to the POINT OF BCCINNWG. NOT VAt.11) WCNOOT ?-t SIGNATURE AND T"E ORIGINAi RAIICp 17A_ 01 A 110-12A conlaming 3G3 sq.me feel o- 0 DI acres, more or loss. .,ICENSED SUP.'JEYOR AN 7 MAPPER This is NOT a Survey. FOR, COLLIER COUNTY PUBLIC SCHOOLS SKETCH h DESCRIPTION OF Wi1sQnMiller A PORTION OF BLOCK 24, NEWMARKET SUBDIVISION OF IMMOKALEE rnI I IRV f'f1I'NTV Fl npint, Y- ,........ :r...,...„,.M, -... �....�.r o.+............, I GCS00 I TMO I Dix 1 IR -ea 1 NI058 -oz4 -000 I I a T I 11I I I 6D21 16P21 MEMORANDUM Date: March 12, 2008 To: Hans Russell Real Estate Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Statutory Deed Attached, please find one original document as referenced above (Agenda Item #16D21) which was approved by the Board of County Commissioners on Tuesday, November 13, 2007. If you have any questions, please call me at 252 -7240. Thank you. 16 v 21 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL. ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print= pink paper. Ameh to adgmal dommmt Original dommc= ahoo!d be hand delivered to the Board O &a• •!7v; r=pkted roudcg sup and origioal daeamem veto be fiamm ded to the Board Office only after the Board has talsaaerim an the item.) .. . C�plme toonag llaes #1 ... ROUTING SLIP .- through #4 as apptapdaee for additimal 'a_'"'^' dam, and/or infa®arim needed_ If the dammmtis already mmplet with the don oftha Ctrai>mm't ' drawl line throe roads lees #1 throe #4, late the checklist and forward to SoeEisoa ` Route to Addressee(s) Office Initials Date (15st in_mudag ordw) I .. .._ I- 2. a 5. Sue Filson, Executive Manager Minutes Clerk of Court's Office - PRIMARY CONTACT INFORMATION Crate primary caomct is the holder of the odgimf document peading BCC approval. Normally the primary cm= is the peaon who aeatedlpcepaced the aeendve summary. Primary cornet iutm"madon is naiad in the evmc one of the addressees above. including Sue Ahon• aced m emmct sniff for addidwal or mi..r.,g infmmadea All odginaf dom=mm needing the BCC Ouirman's dgaan¢e x m be delivered to the BCC Office only after the BCC has mud to approve the Name of Primary Staff Contact - - -. — I flANS RvSSELL Phone Number e26 z3 Agenda Date Item was Approved b the BCC I I l I O% Agenda Item Number / /6 V o f Type of Document Attached STATU TD �Z,/ % G %i Number of a � K1 TNCTRTTf' MANTQ A, frl>!rrlrr TQT 1: Forme/ County Farms/ BCC Farois/ Original Docmaena Reeling Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24M column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate Fsiped hy;the f��) Applicable) I. Original ent has been sigaedfmitialed for legal stifficieacy. (All documents to be hairma n, with th e exception of most lathers; must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreemetns etc that have been My executed by all patties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten.strUte- through and revisions have becn initialed by the County A rney.'s Office and all other parties except the BCC Chairman and the Clerk to the Board N1, 3. The Chah7pan's Signature line dare has beta entered as the date of BCC approval of the , document or the final negotiated contract date whichever is applicable- 4. 'Sign hem" tabs are placed on the appropriate pages indicating where the Chairman's Si and initials are 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require'forwarding to Tallahassee within a certain time flame or the BCC's actions are nullified. Be aware of ate deadlines! 6. The document way approved by the BCC on (eater date) and alI changes made daring the meeting have been incorporated m the attached document The WL I County Attorney 's Office has reviewed the changes, if applicable_ 1: Forme/ County Farms/ BCC Farois/ Original Docmaena Reeling Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24M Project: Immokalee Career Center STATUTORY DEED 16J21 THIS DEED, made this //7W day of M-4764 , 2008, by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to THE SCHOOL DISTRICT OF COLLIER COUNTY, FLORIDA, whose mailing address is 5775 Osceola Trail, Naples, Florida 34109 -0919, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors and assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does hereby grant, bargain and sell unto the Grantee, its successors and assigns, the following described land lying and being in Collier County, Florida: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by its Board of County Commissioners, acting through its Chairman, the day and year aforesaid. t .r. ATTEST :' DWIQHT R B/ROD,K, 6 Atto+tt.," to d signatwi rol�ir Approved as to form and legal sufficiency: (] Heidi shton -Cicko Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: om HenrMng, Chairma THIS CONVEYANCE F COUNT BOARD OF �, PUR9UA rT FL ' OF RESOLUTION KXX 00.7 - I 0 0 C 0 0 a d o0 ro z a a cn Yl 398.65' - IMMOKALEE _ DRIVE 80' R/W DESCRIPTION A portion of Block 24, Newmarket Subdivision of Immokalee, as recorded in Plat Book 1, Pages 104 -105, of the Public Records of Collier County, Florida, being more particularly described as follows; Commencing at the southwest corner of said Block 24; thence along the north right -of -way line of Immokalee Drive, North 89'20'00" East, a distance of 398.65 feet to the southwest corner of those lands described in O.R. Book 1518, Page 2029 of the Public Records of Collier County, Florida; thence leaving said north right -of -way line, North 00'38'16" West along the Westerly line of said described lands, a distance of 134.45 feet; thence continuing along said Westerly line North 06'02'53" West, a distance of 37.18 feet to the POINT OF BEGINNING of the parcel herein described; thence continuing along said Westerly line North 06'02'53" West, a distance of 60.14 feet; thence North 87'47'55" East, a distance of 63.19 feet; thence South 02'12'05" East, a distance of 60.00 feet; thence South 8747'55" West, a distance of 59.15 feet to the POINT OF BEGINNING. Containing 3,670 square feet or 0.0843 acres, more or less. FOR: COLLIER COUNTY PUBLIC SCHOOLS SKETCH & DESCRIPTION OF A PORTION OF BLOCK 24, NEWMARKET SUBDIVISION OF IMMOKALEE 3LOCK 24 THOSE LANDS DESCRIBED IN O.R. BOOK 1518, PAGE 2029 l J d�� a tzs -zS so too GRAPHIC SCALE NOTES: 1. This is not a survey. 2. Basis of bearing is State Plane Coordinates Florida East Zone 83/99 adjustment. With the Northerly right -of -way of Immokalee Drive represented by a bearing of North 89'20'00" East 3. Subject to easements, reservations and restrictions of record. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43 LEGEND POB Point of Beginning POC Point of Commencement O.R.B. Official Records Book R/W Right -of -way Centerline FOR THE EXCLUSIVE USE OF: Collier County Public Schools AVID J. HY T, .M. (FOR THE FIRM) FI,A. LIC. N 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. WI/sQ�tMfller ``' " I GCS00 I TMO I DJH I IH -48 I NI052- 024 -000 I^ 1 OF 1 IM�iH ~48 I I 00 17, 2007 - 07:21:39 TOS BO RNEIX: \SUR \N1052 \1H -48Aw9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP j 6 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the lour.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the ., ,.rtr,P n, n-1 do,nv a fine thrnnph rmrtlria lines # 1 through 44. corm lete the checklist, and forward to Sue Filson (line #5)_ Route to Addressee(s) (List in routing order) Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) 11/13/07 2. Chairman James Coletta BCC Agenda Item Number 16D — ZZ 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee Deferral Agreement Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval_ Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the it- r Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Human Services (Initial) Applicable) Agenda Date Item was 11/13/2007 Agenda Item Number 16D — ZZ Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached resolutions, etc, signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Fortes/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 126.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's - n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain ' time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Fortes/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 126.05, Revised 2.24.05 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 08- 063 -IF 4095536 OR; 4302 PG; 3237 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/14/2001 at 02:00PN DWIGHT E. BROCE, CLERK RBC FEE 21.00 COPIES 3.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 1240 This space for recording UF4 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 7 day of October, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Fresnel Gabriel and Solange Gabriel" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit `B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 52/100 Dollars ($19,372.52). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5 %) per annum, but in no event shall it exceed twenty -five percent (25 %) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY 16 2 2 OR; 4302 PG; 3238 may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: « `" DWIGHT E. BROCJC, Clerk Deputy Clerk Attast as to chalrvan s stara'tiir� ,, I. Witnesses: Print Name Witnesses: Zfl u Print Name o ,, cc, STATE OF FLORIDA) COUNTY OF COLLIER) 2007, and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: illo Z004` AAMESOLETTA, CHAIR N OWNER: Fresnel Gabriel OWNER: / Solang GaeSolang Gae bnel The foregoing A reement was acknowledged before me this _V day of a l,,, who is personally known to me or has produced as proof of identity. nw.n+vvw� SSION 4 DI 903 FXPIRPS: AU6vsi 29.'_010 I- PfM41- NO�ARV i. �olary DiSwNl Pbu'. C0.? Jeffrey A. Ulat ow Chief Assi �an ounty Attorney Signature of Person Taking Acknowledgment Recommend proval: / 'Marcy Krumbine, MPA Director Collier County Housing and Human Services * ** OR; 4302 PG 0 * * EXHIBIT "A" I� 2 LEGAL DESCRIPTION Lot 125, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $62.14 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee $1,659.00 F. Educational Facilities System Impact Fee $2,862.00 G. Road Impact Fee $6,059.00 H. Government Buildings Impact Fee $410.00 I. Law Enforcement Impact Fee $171.61 J. Water Impact Fee $3,415.00 K. Sewer Impact Fee $3,515.00 TOTAL IMPACT FEES $19,372.52 JAK Approved _" ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 2 j THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item_) ROUTING SLIP Complete routing lines #1 through 94 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the t f th Chairman's st nature draw a line throe h routin lines # 1 throw 44, complete the checklist, and forward to Sue Filson (line lost exce ton o e Route to Addressee(s) (List in routing order) Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) 11/13/07 2. Chairman James Coletta BCC Agenda Item Number 16D --Zz,- 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee Deferral Agreement Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval Nomtally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one ofthe addressees above. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the tem ) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Human Services (Initial) Applicable) Agenda Date Item was 11/13/2007 Agenda Item Number 16D --Zz,- Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST C Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's .._., signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. 7 Some documents are time sensitive and require forwarding to Tallahassee within a certain f �- time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. C Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 Return to 4095537 OR: 4302 PG: 3240 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/14/2007 at 02:OOPN DWIGHT B. BROCK, CLERK REC FBI 27,00 COPIES 3.00 Frank Ramsey Retn: Collier County Fills CLERK TO THE BOARD 3301 E. Tamiami Trail Naples, Florida 34112 INTEROFFICE 4TH FLOOR HIT 7240 6 File# 08- 057 -IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 7 day of October, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Vivian Alonso" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 52/100 Dollars ($19,372.52). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5 %) per annum, but in no event shall it exceed twenty -five percent (25 %) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY 3 OR; 4302 PG; 3241 may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the *911MM IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attegk* �: DWI(dF]T E. BROCK, Clerk �I I tA 0 --� Deputy Clerk Attest ss to Cheiruan i signature oni- yPntes: me Witness s: /7 `fu nt�i Name �r+r�( � kOf..GY iAGE STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, r� By: I Z41 JAMES COLETTA, CHAIR AT, O ER: Vivian Alonso OWNER: The foregoing Agreement was acknowledged before me this day of DCd iZ 2007, by_! NV 0JD /) -5C) who is personally known to me or has produced as proof of identity. TARIAL SEAL] / ° "�" YOL.gNDA H. HERRERA S n ure of Person Taking Acknowledgment n MV CO.AAMISSION g DD578X8' EXIM SJuly 27, 2010 .„ MnnMn'wv�n. Approve a t f Recommend Ap royal: and lega 1 � � Jeffrey A. 1 kow cy Krumbi PA Chief Ass t t ounty Attorney Director Collier County Housing and Human Services * ** OR; 4302 PG; 3242 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 127, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved _ /_ /_ 1 LI 2 3 Amount Owed $100.59 $62.14 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.52 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP rj TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO U THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. "fhe completed routing slip and original documents are to be forwarded to the Board Of lice only after the Board has taken action on the itcin I ROUTING SLIP Complete routing lines 41 through N4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the If f the Chairman's si nature draw a line throu h routing lines d 1 throu h 44, complete the checklist, mid forward to Sue Filson (line N5). Route to Addressee(s) (List in routing order Office Initials Date I.Frank Ramsey Housing and Human Service (Initial) 11/13/07 2. Chairman James Coletta BCC Agenda Item Number 16D —Z-Lt 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee Deferral Agreement Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Human Services (Initial) Applicable.) Agenda Date Item was 11/13/2007 Agenda Item Number 16D —Z-Lt Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable.) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's „e n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during --y� the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 Return to 4095538 OR; 4302 PG; 3243 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/14/2007 at 02:OOPN DWIGHT E. BROCK, CLERK RIC FBI 27.00 COPIES 3.00 Frank Ramsey Retn: Housing and Human Services 3301 E. Tamiami Trail CLERK TO THE BOARD Naples, Florida 34112 INTEROFFICE 4TH FLOOR EKT 7240 16 T ,�J 1 2 4 File# 08- 072 -IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this A(P day of October, 2007, between Collier County, 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 Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit `B," the amount of the deferred impact fees is One Hundred Forty Six Thousand Sixty Four and 64/100 Dollars ($146,064.64). 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 of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any 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 after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page 1 of 1 6 D 2 4 OR; 4302 PG; 3244 declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER 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 deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. S. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: - DWIQHT E. BROi✓`!�y Attest as to C signature 'on Witnesses: it Me, J)eputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, F RI A By: Z00 T JAMES COLETTA, Chairman DEVELOPER: Homes, LLC y B t� �t Name: Title: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 16?? day of October, 2007, by JO n as V1cA, PrgSG)Ae vt-I' for LENNAR HOMES, LLC, who is ersonally known to me or has produced as identification. [NOTARIAL SEAL] NOTARY PUBLIC -STATE OF FLORIDA ".. , Jennifer Leigh Ford Commission #DD680507 '+ Expires: MAY 31, 2011 BONDED TBRU ATLWTIC BUNDWO CO., INC. Approv as t form and legal su nature �fNotary lie) I — �Jmfilkr Lu 4 h ri2ty( (Print Name of Notar ublic) Jeffrey A. lat oa ✓ arcy Krum6ir#, Director of Chief Ass taut -ounty Attorney ousing & Human Services Page 2 of 2 * ** OR; 4302 PG; 3245 * ** EXHIBIT "A" 16024 LEGAL DESCRIPTION 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 Subdivision as Recorded in Plat Book 43, Pages 46 through 54, of the Public Records of Collier County, Florida (An 8 Unit Condominium Building) EXHIBIT "B" IMPACT FEE BREAKDOWN 9059 Gervais Circle 8 -Unit Building UNIT A UNIT B 1,350 sf Living, 1,543 sf L A. ROADS $ 6,059.00 $ 6,059.00 B. EMS $ 100.59 $ 112.04 C. CORRECTIONAL $ 78.84 $ 90.11 D. LIBRARIES $ 368.18 $ 368.18 E. COMMUNITY PARKS $ 750.00 $ 750.00 F. REGIONAL PARKS $ 1,659.00 $ 1,659.00 G. SCHOOL $ 2,862.00 $ 2,862.00 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 $ 19,411.94 NUMBER OF UNITS 4 4 TOTALS BY UNIT TYPE $68,416.88 $77,647.76 TOTAL IMPACT FEES $146,064.64 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP l 6 U TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only Off the Board has taken action on the item) ROUTING SLIP Complete muting lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throu mutin lines #1 through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) List in muting Office Initials Date oryrder) 1. __�� GiY1 I-�I, S kbgi 11 Initial / -7 2.a rw T 'JCL Agenda Item Number 16D25 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Sub - Recipient Agreement Number of Original 2 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION 25 (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, new to contact staff for additional or missing information. All original documents needing the BCC Chaiman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Sandra Marrero Phone Number 252 -2399 Contact appropriate. Initial Applic able Agenda Date Item was 11/13/07 Agenda Item Number 16D25 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Sub - Recipient Agreement Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applic able 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board i — 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. T 4. `Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. y Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be war of your deadlines! 6. The document was approved by the BCC on I I f I Wr (enter date) and all changes made during the meeting have been incorporaddih the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: November 14, 2007 To: Frank Ramsey, SHIP Program Coordinator Housing & Human Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Sub - Recipient Agreement — One By One Leadership Foundation, Inc. Enclosed please find one original of the above referenced document, (Agenda Item #16D25), approved by the Board of County Commissioners on Tuesday, November 13, 2007. 16D25 The Minutes and Records Department has retained one original document for the official records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure 16 D 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 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 Subgrant Agreement; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Disaster Recovery Initiative (DRI) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: One by One Leadership, Inc. Infill - Immokalee Page 1 of 23 16D25 (1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "HHS" means the Housing and Human Services Department of Collier County. (4) " SUBRECIPIENT" means 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 the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". (9) "DRI" means Disaster Recovery Initiative Program (10) "DCA" means Florida Department of Community Affairs IL 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 the 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 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 Four Hundred Fifteen Thousand dollars ($415,000) 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 One by One Leadership, Inc. Infill - Immokalee Page 2 of 23 16025 All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. COUNTY is bound by the Federally Funded 2005 Disaster Recovery 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 terns of the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed between the State of Florida and COUNTY as outlined in Attachment A: Program Guidelines; 2. SUBRECIPIENT acknowledges that it will adhere to all applicable State and Federal laws and regulations; 3. SUBRECIPIENT acknowledges that the Florida 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. 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 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, 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. One by One Leadership, Inc. Infill - Immokalee Page 3 of 23 16025 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 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. One by One Leadership, Inc. Infill - Immokalee Page 4 of 23 16D25 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 with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. 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 foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 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 the disadvantaged. 32. Chapter 403.7065, Florida Statues - which refers to the procurement of products or materials with recycled content. 33. Chapter 39.201, Florida Statutes - that any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare, as defined in tine oy tine i.eaaersmp, inc. Infill - Immokalee Page 5 of 23 16 D 25 this chapter, shall report such knowledge or suspicion to the Central Abuse Hotline (1- 800- 962 - 2873). 34. Chapter 415.1034, Florida Statutes - that any person who knows or has 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 of lobbying 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 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 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. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the One by One Leadership, Inc. Infill - Immokalee Page 6 of 23 16025 performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHS, State and Federal support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction 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 constriction 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. 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. 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. 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. One by One Leadership, Inc. Infill - Immokalee Page 7 of 23 H. INSURANCE I6D25 The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 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 § 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 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 § 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 agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 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 Officers, Employees, 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. One by One Leadership, Inc. Infill - Immokalee Page 8 of 23 L 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 REQUIREMENTS 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 The SUBRECIPIENT shall maintain all records required by the CDBG Federal Regulations. 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 SUBRECIPIENT shall keep all documents and records for five (5) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to HHS using Exhibit "C ". The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. One by One Leadership, Inc. Infill - Immokalee Page 9 of 23 D. REPORTS, AUDITS, AND EVALUATIONS E. 16D25 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. 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 DRI 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 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 -110 (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 home by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A -133 (Audits of State, Local Governments, and One by One Leadership, Inc. hifill - Immokalee Page 10 of 23 16025 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 -110 (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. DC. 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 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. One by One Leadership, Inc. Infill - Immokalee Page 1 I of 23 lea 16D25 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. 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 perform hereunder, have not been placed on the convicted vendor list One by One Leadership, Inc. Infill - Immokalee Page 12 of 23 16D25 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 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 undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. L 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 Leadership, Inc. Infill - hnrnokalee Page 13 of 23 16 D 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 (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 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. 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. One by Une Leadership, Inc. Infill - Immokalee Page 14 of 23 XII. REVERSION OF ASSETS 16 D 25 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 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. One by One Leadership, Inc. Infill - hnmokalee Page 15 of 23 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. (SUBRECIPIENT SEAL) ATTEST.- ' DWICIH'T rr,,,pR0CK, CLERK kctw k Deputy Clerk form and County Attorney ONE BY ONE LEADERSHIP FOUNDATION INC. BY: k XeacwYvre J AWSON, EXECUTIVE DIRECTOR BOARD OF COUNTY COMMISSIONERS OF COLLIER COIJNTY, FLORIDA BY 1Z f9MES COLETTA, CHAIRMAN One by One Leadership, Inc. Infill - Immokalee Page 16 of 23 EXHIBIT "A" 16 0 25 SCOPE OF SERVICES One by One Infill - Immokalee THE SUBRECIPIENT AGREES TO: A. PROJECT DESCRIPTION: One by One Leadership, Inc. proposes to construct approximately three (3) owner occupied replacement single family homes that were 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 SUBRECIPIENT shall require a bid bond, 100% payment bond and 100% performance bond for any contract that exceeds $100,000. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. The SUBRECIPIENT shall obtain HHS's approval prior to awarding the construction contract to be funded through this agreement. The SUBRECIPIENT shall submit the name of the contractor to ensure the business is not federally debarred. After awarding such contract the 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 Annual 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 of 23 I 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 - Infill DRI Line Item: Demolition/clearance, site preparation, relocation, fill, utilities hook —up and construction $373,500 Administrative /project costs covered Under CFR Part 570, Subpart C and J $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 -I 10 (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 reimbursement requests for ongoing activities or in the forfeiture of future CDBG/HOME /SHIP/DRI funds. G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Task I End Date Work completion I Aril 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 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. I. DAVIS -BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis -Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis -Bacon wage decision and disclose the requirements of the Davis - Bacon Act in its construction bid solicitation and sub - contract(s). vne oy vne Leaaersmp, me. Infill - Immokalee Page 18 of 23 16D 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 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 ". One by One Leadership, Inc. Infill - Immokalee Page 19 of 23 EXHIBIT "B" 1 6 D 25 COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT Disaster Recovery Initiative Subrecipient Name: One by One Leadership Foundation Inc. Subrecipient Address: 355 South Third Street -P.O. Box 5393, Immokalee, FL 34143 Project Name: One by One Leadership Foundation Inc. Project No: DRI 05 -01 Dollar Amount Requested: Grant Amount Awarded Payment Request # STATUS OF FUNDS 2. Sum of Past Claims Paid on this Account 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 $ 415,000.00 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 Title Date Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) One by One LeadFrslup, nc. Infill - Immokalee Page 20 of 23 lb 2 25 EXHIBIT "C" DRI MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the le of the following month. Status Report for Month of Submittal Date: Project Name Project Number DRI 05 -01 Activity Number Subrecipient: Contact Person Telephone: (239) Fax: (239) E -mail: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented 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 Leadership, Inc. Infill - hnmokalee Page 21 of 23 16D25 6. New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) Total Number of Households or Persons Extremely Low Income Very Low Income Low Income (51 -80 %) Female Head of Household Assisted (0 -30 %) (31 -50 %) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in box INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low- income (31 -50 %) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, are low- income (51 -80 %) of the current Median Family Income (MFI). Enter this number in box "4. " NOTE: The total of boxes 2,3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5 "below. BOX BOX BOX BOX BOX Total Number of Households or Persons Extremely Low Income Very Low Income Low Income (51 -80 %) Female Head of Household Assisted (0 -30 %) (31 -50 %) One by Dne Leadership, ic. Infill - Immokalee Page 22 of 23 16D25 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 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 Table of Race and Ethnicity Beneficiaries Race 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 Other Multi- Racial one by One Leadership, Inc. Infill - Immokalee Page 23 of 23 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 L �� TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO V THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only Aft the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's simature, draw a line through routing lines #1 through #4, complete the checklist. and forward to Sue Filson (line #5) Route to Addressee(s) List in muting order Office Initials Date 1. y"Ir �-WL4H Fib IYt Initial L�`13`6 2. CkAklo Imen rdk& 3cc Agenda Item Number 16D26 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Sub - Recipient Agreement Number of Original 2 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Sandra Marrero Phone Number 252 -2399 Contact appropriate. Initial Applic able Agenda Date Item was 11/13/07 Agenda Item Number 16D26 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Sub - Recipient Agreement Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applic able 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, 7p resolutions, etc. signed by the County Attorney's Office and signature pages from 7T_ contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si tore and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be r ar of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporatlid ih the attached document. The County Attorney's Office has reviewed the changes, if applicable. l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D26 MEMORANDUM Date: November 14, 2007 To: Frank Ramsey, SHIP Program Coordinator Housing & Human Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Sub - Recipient Agreement — St. Matthews's House, Inc. Enclosed please find one original of the above referenced document, (Agenda Item #16D26), approved by the Board of County Commissioners on Tuesday, November 13, 2007. The Minutes and Records Department has retained one original document for the official records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure 16 D 26 AGREEMENT BETWEEN COLLIER COUNTY [Wri'. 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 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 Subgrant Agreement; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Disaster Recovery Initiative (DRI) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: St. Matthew's House Hurricane Hardening Page 1 of 23 1. 16 [i2� (1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "HHS" means the Housing and Human Services Department of Collier County. (4) " SUBRECIPIENT" means St. Matthew's House (SMH) (5) "HHS's Approval" means the written approval of the Housing and Human Services Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". (9) "DRI" means Disaster Recovery Initiative Program (10) "DCA" means Florida Department of Community Affairs II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the 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 the timely release of funds for this project by DCA under Agreement No. 07DB- 3V- 09- 21 -01 -Z O1. 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 COUNTY for allowable costs, determined by COUNTY and DCA, in an amount not to exceed Two Hundred Ninety Three Thousand Nine Hundred thirty -four dollars ($293,934) 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. St. Matthew's House Hurricane Hardening Page 2 of 23 V. NOTICES 16 D 2 6 All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. COUNTY is bound by the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed by the State of Florida and COUNTY to require SUBRECIPIENT to acknowledge the following, as applicable: 1. SUBRECIPIENT acknowledges that it will adhere to all applicable terms of the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed between the State of Florida and COUNTY as outlined in Attachment A: Program Guidelines; 2. 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. 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 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, St. Matthew's House Hurricane Hardening Page 3 of 23 16 D26 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of 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 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. St. Matthew's House Hurricane Hardening Page 4 of 23 16 D26 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 7945 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti- Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. 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 foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 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 the disadvantaged. 32. Chapter 403.7065, Florida Statues - which refers to the procurement of products or materials with recycled content. 33. Chapter 39.201, Florida Statutes - that any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare, as defined in St. Matthew's House Hurricane Hardening Page 5 of 23 16D26 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 of lobbying 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 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 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. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the St. Matthew's House Hurricane Hardening Page 6 of 23 16Ddj 6}j performance of the terms of this Agreement, or due to the acts or omission? the the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHS, State and Federal support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction 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 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. 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. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD or DCA specifies. St. Matthew's House Hurricane Hardening Page 7 of 23 16 D 26 H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 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 § 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 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 § 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 agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 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 ;�,uuxr.uirmiv i snau agree me Aaamonai msurea 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. St. Matthew's House Hurricane Hardening Page 8 of 23 mt 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 REQUIREMENTS 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 1. The SUBRECIPIENT shall maintain all records required by the CDBG Federal Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the 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 SUBRECIPIENT 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 of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to HHS using Exhibit "C ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. St. Matthew's House Hurricane Hardening Page 9 of 23 n. tj L l: 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 DRI 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 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 -110 (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 St. Matthew's House Hurricane Hardening Page 10 of 23 16 D 26 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 -110 (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 REQUIREMENTS 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. St. Matthew's House Hurricane Hardening Page 11 of 23 NO B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS 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. 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 perform hereunder, have not been placed on the convicted vendor list St. Matthew's House Hurricane Hardening Page 12 of 23 16D26 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 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 undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 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. St. Matthew's House Hurricane Hardening Page 13 of 23 X. ENVIRONMENTAL CONDITIONSF t' ' A. AIR AND WATER 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 (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 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. St. Matthew's House Hurricane Hardening Page 14 of 23 16D26 XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non - expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) 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. St. Matthew's House Hurricane Hardening Page 15 of 23 16D2b 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`a day of May, 2007. (SUBRECIPIENT SEAL) ATTf$$T DVAGHT E.,B OC : .i: Rorgan, Deputy Clerk Attest as to Chairun signatu�re on] lro�ed�rlt� and Jeffrey County Attorney St. Matthew's House ST. MATTHEW'S HOUSE, INC. BY: 'L, � /l ` REV. VANN R. ELLISON, EXECUTIVE DIRECTOR BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY A ES COLETTA, C AIRMAN Hurricane Hardening Page 16 of 23 EXHIBIT "A" 1 6 D 2 6 SCOPE OF SERVICES St. Matthew's House, Inc. Hurricane Hardening THE SUBRECIPIENT 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 thirty -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. 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. Davis Bacon rules apply to this project and will be fully disclosed. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in sealed bid manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. The SUBRECIPIENT shall require a bid bond, 100% payment bond and 100% performance bond for any contract that exceeds $100,000. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. The SUBRECIPIENT shall obtain HHS's approval prior to awarding the construction contract to be funded through this agreement. The SUBRECIPIENT shall submit the name of the contractor to ensure the business is not federally debarred. After awarding such contract the 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. St. Matthew's House Hurricane Hardening Page 17 of 23 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 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: Hurricane Hardening DRI Funds 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. $263,541.00 Administrative /project costs covered $29,393.00 Under CFR Part 570, Subpart C and J. Total $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 -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 /HOME /SHIP/ESG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG /HOME /SHIP /DRI funds. G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Task End Date Work completion Aril, 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 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. I. DAVIS -BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis -Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis -Bacon wage decision and disclose the requirements of the Davis - Bacon Act in its construction bid solicitation and sub- contract(s). Hurricane Hardening Page 18 of 23 16D26 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 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 of 23 EXHIBIT `B" 16026 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, Naples, FL 34112 Project Name: Hurricane Hardening Project No: DRI 05 -04 Dollar Amount Requested: Grant Amount Awarded Payment Request # STATUS OF FUNDS 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) $ 293,934.00 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 Title Authorizing Grant Coordinator Dept Director St. Matthew's House Date (approval authority under $14,999) (approval required $15,000 and above) Hurricane Hardening Page 20 of 23 16 D 26 EXHIBIT "C" DRI MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the I #h of the following month. Status Report for Month of Submittal Date: Project Name Project Number DRI 05 -04 Activity Number Subrecipient: Contact Person Telephone: (239) Fax: 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. St. Matthew's House Hurricane Hardening Page 21 of 23 Tn 6. New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) Tom] Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80%) Household 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in box "1. " INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low- income (31 -50 %) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, are low- income (51 -80 %) of the current Median Family Income (MFI). Enter this number in box "4. " NOTE: The total of boxes 2,3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box 5 " below. soil BOX BOX BOX BOX Tom] Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80%) Household Assisted (0 -30 %) (31 -50 %) St. Matthew's House Hurricane Hardening Page 22 of 23 16J26 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 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 Table of Race and Ethnicity 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: St. Matthew's House Hurricane Hardening Page 23 of 23 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI1 6 0 P 7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.:-virach to original document Original documents should be hand delivered to the Ikrard Office "fhe completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item -) ROUTING SLIP Complete routing lines #1 through #4 u appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the .. �... _ x t •r....d. un ,..,..d.ae th...,hxlrtiv_ and fiawud to Sue Filson (line #51. iRVV iseuni V. WG Route to Addressee(s) List in tooling order .- Office Initials Date 1.Rosa Mufloz Housing & Human Services RM 11 -13 -07 2.Chairman James Coletta BCC Agenda Item Number 16D4d,d 7 3. signed by the Chairman, with the exception of most letters, most be reviewed and signed 4. Subrecipient Agreement Number of Original 2 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairmen's signature are to be delivered to the BCC office only after the BCC has acted to approve the Name of Primary Staff Rosa Mufloz, Grants Coordinator Phone Number 252 -5713 Contact appropriate. (Initial) Applica ble) Agenda Date Item was November 13, 2007 Agenda Item Number 16D4d,d 7 Approved by the BCC signed by the Chairman, with the exception of most letters, most be reviewed and signed Type of Document Subrecipient Agreement Number of Original 2 Attached resolutions, etc. signed by the County, Attonlev's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark -N /A" in the Not Applicable column. whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, most be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County, Attonlev's Office and signature pages from contracts. agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and re%isious ha%a been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairmads signature line elate has been entered as the date of BCC approval of the document or the final negotiated contract date iN hichever is applicable. a. "Sign here" tabs are placed on the appropriate pages indicating tyhere the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception). the original document and this routing slip should be provided to Site Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require fom and ng to Tallahassee within a certain (� time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. document was approved by the BCC on 11/13/2007 (enter date) and all changes 1The made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chap s, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 01WI ► 1 u Date: November 14, 2007 To: Frank Ramsey, SHIP Program Coordinator Housing & Human Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Sub- Recipient Agreement — Eden Gardens Apartments Limited Partnership Enclosed please find one original of the above referenced document, (Agenda Item #16D27), approved by the Board of County Commissioners on Tuesday, November 13, 2007. The Minutes and Records Department has retained one original document for the official records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure AGREEMENT BETWEEN COLLIER COUNTY 169 k\U 1; 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 referred to as "COUNTY," and Eden Garden Apartments Limited Partnership, a Florida Limited Partnership, having its principal office at 19308 SW 380th Street, P.O. Box 343529, Florida City, FL 33034, and its Federal Tax Identification number as 20- 0874820, hereinafter referred to as "DEVELOPER," effective July I, 2007. WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership (SHIP) Program; and WHEREAS, Pursuant to the SHIP Program, the COUNTY is undertaking certain activities to primarily benefit housing for low and very low income persons and neighborhoods; and WHEREAS, through Resolution No. 2006 -269 the Board of County Commissioners adopted a revision to the three year LHAP adding new definitions and new strategies outlining the intended use of SHIP funds for fiscal years 2007 -2008, 2008 -2009, and 2009 -2010; and WHEREAS, the Local Housing Assistance Plan (LHAP) Fiscal Year 2007 -2008 was adopted on April 24, 2007 in Collier County Resolution Number 2007 -96; and WHEREAS, the COUNTY and the DEVELOPER desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the approved Local Housing Assistance Plan (LHAP); and WHEREAS, the COUNTY desires to engage the DEVELOPER to implement such undertakings of the State Housing Initiatives Partnership (SHIP) Program as a valid and worthwhile County purposes. SHIP Eden Gardens Page 1 of 19 Apartments Limited Partnership Phase 1 - New Construction 1627 NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 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 the written approval of the Housing & Human Services or designee. (6) '`HUD" means the Secretary of the U.S. Department of Housing and Urban Development or person authorized to act on its behalf. (7) "Low and very low income persons" means the definition set by HUD. (8) '`Project' means the work contemplated to be performed as set forth in Exhibit "A ". IL SCOPE OF SERVICES The DEVELOPER shall, in a satisfactory and proper manner, as determined by DEVELOPER, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for advancement and /or reimbursement of funds using Exhibit 'B" along with the monthly and annual submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date shall be the date of execution of this Agreement, and the services of the DEVELOPER shall be undertaken and completed in light of the purposes of this Agreement. IV. CONSIDERATION AND LIMITATION OF COSTS The DEVELOPER shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed FOUR HUNDRED FORTY TWO THOUSAND AND 00 /DOLLARS $442,000.00 for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed 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 with the lowest responsive and responsible bidder. Contract administration shall be handled by the DEVELOPER and monitored by the COUNTY, which shall have access to all records and documents related to the project. SHIP Eden Gardens Apartments Limited Partnership Phase I - New Construction Page 2 of 19 1627 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 North 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 Agreement. VI. SPECIAL CONDITIONS The DEVELOPER agrees 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 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 REQUIRED PROCEDURES The DEVELOPER shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS 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 HHS or designee. Should a project receive additional funding after the commencement 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 HHS or designee within forty -five (45) days of said official notification. B. SUBCONTRACTS Any work or services subcontracted by the DEVELOPER shall be specifically by written contract or 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 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 terns of the attached Work Program set forth in Exhibit "A." None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the DEVELOPER or reimbursed by the COUNTY without prior written approval of HHS or designee. C. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or SHIP 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 SHIP Eden Gardens Page 3 of 19 Apartments Limited Partnership Phase I - New Construction modifications are authorized. 16 D 2 7 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 protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at 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 aforesaid 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 Federal Government 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 support herein provided by HHS in all publications and publicity. In addition, the DEVELOPER will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HFIS. 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'X 8" plywood back panel and other conventional construction materials and methods. 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 DEVELOPER with funds under this Agreement shall be returned to HHS or the COUNTY. In 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 purposes until such time as the exact amount of damages due to the COUNTY from the DEVELOPER is determined. 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 SHIP Eden Gardens Page 4 of 19 Apartments Limited Partnership Phase I - New Construction 16D27 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 DEVELOPER for services rendered pursuant to this Agreement through and including the date of termination. G. INSURANCE The DEVELOPER agrees this coverage shall be provided on a primary basis. COMMERCIAL GENERAL LIABILITY The DEVELOPER shall agree to maintain Commercial General Liability at a limit of liability not less than S100,000 per person and $200,000 per accident /occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall 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. ADDITIONAL INSURED The DEVELOPER shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier agree basis. 3. CERTIFICATE OF INSURANCE t Services Department ". The provide coverage on a primary 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 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). 4. RIGHT TO REVIEW AND ADJUST The DEVELOPER agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with Housing & Human Services, 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. H. INDEPENDENT AGENT AND EMPLOYEES The 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 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. SHIP Eden Gardens Page 5 of 19 Apartments Limited Partnership Phase I - New Construction 16027 VIIL 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 therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD - KEEPING The DEVELOPER shall maintain all records required by the SHIP Regulations 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the DEVELOPER for the purpose of this Agreement shall be made available to the COUNTY by the DEVELOPER at any time upon 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 DEVELOPER shall keep all documents and records for three (3) years after expiration of this Agreement. 3. DEVELOPER shall submit monthly reports while work is underway and annual beneficiary reports by July 30t", to HHS using Exhibit "C". 4. The DEVELOPER shall maintain records showing compliance with the Davis -Bacon Law, including tiles containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross- referencing. 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 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 -I10, 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 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 HHS or the COUNTY at any time. SHIP Eden Gardens Page 6 of 19 Apartments Limited Partnership Phase I - New Construction 16D27 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 examination 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 pertains 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 accordance with the general program requirements of OMB Circulars A -110 (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 SHIP funds expended. Said audit shall be made by a Certified Public Accountant of the DEVELOPER's 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 extension in advance of the deadline. The cost of said audit shall be borne by the DEVELOPER. In the event the DEVELOPER 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 DEVELOPER as defined in A -133. The COUNTY will be responsible for providing technical assistance to the DEVELOPER, as deemed necessary by the COUNTY. The Collier County Housing and Human Services Department is responsible for monitoring sub - grantees to provide reasonable assurance that they expend grant awards in compliance with State and contractual requirements. For the SHIP program, rental units constructed, rehabilitated or otherwise assisted with SHIP funds must be monitored at least annually for twenty (20) years or the term of the assistance, whichever is longer, for compliance with tenant income and affordability requirements. Tenant income will be monitored on an annual basis, the same day each year, and returned to the Collier County Housing and Human Services Department on the anniversary of the execution of the original recorded mortgage. G. GRANT CLOSEOUT PROCEDURES DEVELOPER 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 REQUIREMENTS A. PROGRAM BENEFICIARIES One Hundred percent (100 %) of the beneficiaries of the project funded through this Agreement must be low- and very low- income persons. The project funded under this Agreement shall SHIP Eden Gardens Apartments Limited Partnership Phase I - New Construction Page 7 of 19 16027 1 assist beneficiaries and remain affordable as defined above for a time period of twenty years, or the term of the assistance, whichever is longer, as designated in Exhibit A of this Agreement. The DEVELOPER shall provide written verification of compliance to HHS, on an annual basis, upon HHS's request. B. EVALUATION AND MONITORING The DEVELOPER agrees that HHS will 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 DEVELOPER 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 DEVELOPER shall, upon the request of HHS, submit information and status reports required by HHS, the COUNTY or HUD on toms approved by HHS to enable HHS to evaluate said progress and to allow for completion of reports required of HHS by SHIP. The DEVELOPER shall allow HHS to monitor the DEVELOPER on site. Such site visits may be scheduled or unscheduled as determined by HHS or Florida Housing Finance Corporation. C. CONFLICT OF INTEREST The DEVELOPER covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any 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 DEVELOPER. Any possible conflict of interest on the 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 the statutory requirement that maximum opportunity be provided for employment of and participation 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 furtherance hereof, the DEVELOPER certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). DRUG -FREE WORKPLACE REQUIREMENTS The DEVELOPER, as a condition of being awarded, must certify that they will provide drug - free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. F. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: SHIP Eden Gardens Apartments Limited Partnership Phase I - New Construction Page 8 of 19 I6D27 No SHIP /STATE 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 SHIP /STATE contract, the making of any SHIP /STATE rant, the making of any SHIP /STATE loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any SHIP /STATE contract, grant, loan, or cooperative agreement. 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 Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this SHIP /STATE contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all DEVELOPERS shall certify and disclose accordingly. X. 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. XI. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of nineteen (19) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. SHIP Eden Gardens Page 9 of 19 Apartments Limited Partnership Phase 1 - New Construction XIL ENTIRE UNDERSTANDING 16027 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 19 page agreement to be executed by their undersigned officials as duly authorized effective the 1 st day of July, 2007. (SPONSOR SEAL) ATTEST' : 1, —1 p' DWIGJ :E': i411Qec, CLERK Si ®r%turt ;0A1!r Approved legal suffi Jeffrey A. K�tzl�w Chief Assista t (Aunty Attorney EDEN GARDENS APARTMENTS LIMITED PARTNERSHIP BY: GENERALPARTNER CORKSCREW SANCTUARY, LLC, A FLORIDA LIMITED LIABILITY CORPORATION BY BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: MAES COLETTA, CHAIRMAN SHIP Eden Gardens Page 10 of 19 Apartments Limited Partnership Phase I - New Construction 4' EXHIBIT "A" SCOPE OF SERVICES EDEN GARDENS APARTMENTS, LIMITED PARTNERSHIP SHIP - NEW CONSTRUCTION AT THE RESERVE AT EDEN GARDENS, IN IMMOKALEE, FL I. THE DEVELOPER AGREES TO: A. PROJECT SCOPE: SHIP funds will provide $442,000.00 (FOUR HUNDRED AND FORTY TWO THOUSAND DOLLARS for the construction of fifty -one (51) rental units known as Eden Gardens Apartments Limited Partnership in unincorporated [mmokalee, Florida. This is Phase I of a total of fifty -five (55) total units in Phase I and Phase 2. These units are HOME fixed units This applies to Phase l and /or Phase 2 The project must contain at least 20% of the units (eleven -11), occupied by families at or below 50% of MFI and rents established at Low HOME Rent Level. Additionally, thirty -eight (38) units must be occupied by households at or below 60% MFI and rents established at High or Low HOME Rent Levels. The remaining balance, six (6) units, must be occupied by households at or below 80% MFI and rents established at High or Low HOME Rent Levels. The DEVELOPER agrees to complete the following: a. Property maintenance of the site until project affordability period completion b. Posting of visible signage at the work site identifying the funding source as mentioned in section VII part E. c. Submission of request for payment with supporting documentation for payment of services d. Shall obtain a minimum of three bids for all construction work by licensed contractors and provide HHS with a copy of contracts and any sub- contracts prior to commencement of activity. The DEVELOPER will provide a specific working budget and realistic timetable as relates to all SHIP and non -SHIP funds and shall be submitted within thirty (30) days of the agreement approval. B. TOTAL DEVELOPMENT COST: PHASE 1 RESERVES AT EDEN GARDENS HOMELESS HOUSING (51 UNITS) Sources of Funds Amount Type $ USDA LOAN $ 3,000,000 Section 514 LIHTC Equity $ 2,790,193 AHP HUD RHED $ 400,000 CDBG FHLB $ 400,000 AHP COLLIER $ 200,000 CDBG COLLIER $ 224,000 HOME SHIP Eden Gardens Page I I of 19 Apartments Limited Partnership Phase I - New Construction COLLIER Total Uses of Funds Construction 2/3/4 BR MultiFamily (51) Infrastructure Other Construction Permits /Impact Fees Contingency Subtotal Construction Financial Tax Credit, Other & Closing Interest During Con Subtotal Financial General Development Costs Accounting Fees Appraisal Architect Fees Builders Risk Insurance Construction Cost Analysis Engineering Fees & Platting Environmental Fees Inspection Fees Insurance Legal and Closing Costs Market Study Marketing /Advertising Soil Test Report Survey Utility Connections Taxes During Construction Contingency and Reserves Subtotal Development Budget Developer's Fees (Earned) Land /ROWs 1642` $ 442.000 SHIP $ 7,456,193 SHIP Other Sources Total 397,800 3,336,070 $ 3,733,870.00 - 854,141 $ 854,141.00 650,000 $ 650,000.00 197.204 $ 197.204.00 397,800 5,037,415 $ 5,435,215.00 - 133,868 $ 133,868.00 32.848 $ 32.848.00 - 166,716 $ 166,716.00 - 15,000 $ 15,000.00 - 3,250 $ 3,250.00 - 150,000 $ 150,000.00 - 63,835 $ 63,835.00 - 1,250 $ 1,250.00 - 225,000 $ 225,000.00 - 2,500 $ 2,500.00 - 25,000 $ 25,000.00 - 4,000 $ 4,000.00 - 216,845 $ 216,845.00 - 6,000 $ 6,000.00 - 1,000 $ 1,000.00 - 1,200 $ 1,200.00 - 5,000 $ 5,000.00 - 15,000 $ 15,000.00 - 9,000 $ 9,000.00 100.000 $ 100,000.00 - 843,880 $ 843,880.00 44,200 672,652 $ 716,852.00 - 293,530 $ 293,530.00 Total Development Budget $ 442,000.00 $ 7,014,193.00 $ 7,456,193.00 *Note: flex budget for line items is allowable by 10% without a budget amendment; however, budget cannot exceed the total allocation of $442,000. SHIP Eden Gardens Page 12 of 19 Apartments Limited Partnership Phase l - New Construction 16D27 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 support herein provided by HHS in all publications and publicity. In addition, the DEVELOPER will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. The DEVELOPER will mount a temporary construction sign at site for projects funded by HHS as mentioned in section VII part E. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. This signs construction utilizes a minimum conventional 4'X 8" plywood back panel and other conventional construction materials and methods. This is negotiable if Eden Gardens Apartment, Limited Partnership feels that identification of site impedes construction or occupancy. NOTE 1: The DEVELOPER shall submit its bid package and proposed bid system and drawings /specifications to HHS and obtain a letter of approval prior to bidding the construction work. NOTE 2: The DEVELOPER shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be tracked to the proper funding sources. NOTE 3: The DEVELOPER shall not award the construction contract for the Project until sufficient funding is available to complete 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. Participant Selection: The anticipated 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 (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 The DEVELOPER shall submit its forms /documents for income eligibility determination to HHS and obtain a letter of approval prior to transferring title to the property. The SPONSOR further 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 Page 13 of 19 Apartments Limited Partnership Phase I - New Construction C. SHIP BUDGET: 16D27 Line Item: SHIP Funds Procurement, new construction and CO of units $397,800.00 Developer's fee /Administrative /Project Costs $ 44,200.00 TOTAL SHIP FUNDS $442,000.00 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 terms and conditions of the SHIP loan agreeable to Eden Gardens Apartments Limited Partnership are as follow: Amount of Loan Interest Rate Term 2 °d Mortgage Phase I land as legally described No Payment of principal or interest due Fully- amortized $442,000 0% 20 -Years I" Mortgage by U.S. Department of Agriculture $3,000,000 Collateral Years 0 -6 Years 7 -20 Use as construction and pennanent financing. Payment of $31,571.43 due on December 31" 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 interest paid. D. STAFFING: 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 requirements for construction work in connection with the Project funded through this Agreement. F. DAMS -BACON ACT: Not Applicable to SHIP funded portion 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 DEVELOPER 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). G. BONDING REQUIREMENTS: The DEVELOPER shall comply with the requirements of OMB Circular A -102 (Uniform Administrative Requirement for Federal Grants to State and Local SHIP Eden Gardens Page 14 of 19 Apartments Limited Partnership Phase I - New Construction .1 6 B27 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 of future CDBG /HOME /SHIP funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Please note that if any of these activities exceed the timeline by two months a revised work schedule must be submitted to the Housing and Human Services Department at which time the agreement has to be amended and submitted to BCC for approval. K. COMPENSATION: The County shall reimburse the DEVELOPER for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports as identified in Section L. Reimbursements shall be made to the DEVELOPER when requested as work progresses, but not more frequently than once per month. Adherence to the work schedule identified in Section l will be required, unless modified in writing by the parties. Reimbursement 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 ". 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 SHIP funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for HHS approval of invoices, etc. for reimbursement. The reports shall he submitted by the 10 "' day of the month following the reported month. SHIP Eden Gardens Page 15 of 19 Apartments Limited Partnership Phase I - New Construction Milestone Deadline Start construction 11/30/07 Construction of 55 units complete 10/30/08 Lease Up Complete 12/30/08 Please note that if any of these activities exceed the timeline by two months a revised work schedule must be submitted to the Housing and Human Services Department at which time the agreement has to be amended and submitted to BCC for approval. K. COMPENSATION: The County shall reimburse the DEVELOPER for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports as identified in Section L. Reimbursements shall be made to the DEVELOPER when requested as work progresses, but not more frequently than once per month. Adherence to the work schedule identified in Section l will be required, unless modified in writing by the parties. Reimbursement 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 ". 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 SHIP funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for HHS approval of invoices, etc. for reimbursement. The reports shall he submitted by the 10 "' day of the month following the reported month. SHIP Eden Gardens Page 15 of 19 Apartments Limited Partnership Phase I - New Construction EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT SPONSOR Name: Eden Gardens Apartments, Limited Partnership SPONSOR Address: 19308 SW 380° Street, Florida City, FL 33034 Project Name: The Reserve at Eden Gardens Project No: SH07 -03 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS Grant Amount Awarded 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 Today's Request 6. Current Loan Balance (Initial Loan Amount Awarded Less Sum of all requests) 'S6! $ 442,000 $ $ 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. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Dept Director Date (approval authority under $14,999) (approval required $15,000 and above) SHIP Eden Gardens Page 16 of 19 Apartments Limited Partnership Phase l - New Construction =A, EXHIBIT "C" EDEN GARDENS APARTMENTS, LIMITED PARTNERSHIP SHIP THE RESERVE AT EDEN GARDENS MONTHLY PROGRESS REPORT Complete form,/or past month and submit to Housing & Human Services staff by the 100` of the following month. Status Report for Month of Project Name Reserve at Eden Gardens Date: Project Number SH07 -03 Activity Number DEVELOPER: Eden Gardens Apartments. Limited Partnershi Contact Person Steve Kirk, President Telephone: 305- 242 -2142 Fax: 305- 242 -2143 E -mail: kirknet t�ahoo_cgm L Activity Status /Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have 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. SHIP Eden Gardens Page 17 of 19 Apartments Limited Partnership Phase I - New Construction 1D ,D; 6. New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) Total Number of Extremely very Low Income Female Bead of Households or Persons Low Income Low Income (51- 80-0 Hou,ehold For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or ..persons "). Enter the number of beneficiaries in the blank space and in box '' 1. " INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box -2. Of the households or persons assisted, are very low - income (31 -50 %) of the current Median Family Income (ME[). Enter this number in box -3. " Of these households or persons assisted, are low - income (51 -80 %) of the current Median Family Income (MFI). Enter this number in box "4. " NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box 5 " below. BOX BOX BOX BOX BOX Total Number of Extremely very Low Income Female Bead of Households or Persons Low Income Low Income (51- 80-0 Hou,ehold Assisted 0 -3001o) (31 :50'7.) SHIP Eden Gardens Page 18 of 19 Apartments Limited Partnership Phase I - New Construction d Sponsors must indicate total beneficiaries for Race AND Ethnicity 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 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. 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: 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 Ethnicity Beneficiaries Race 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: The Participant Information Form is to be used in conjunction with the SH[P Annual Progress Report. The Participant Information Forms are to be completed annually, the same day each year. An occupant .from each dwelling unit must complete the firm for their household Once this information is gathered, the SHIP Annual Progress Report can be completed and forwarded to the SHIP q1 ice located at 3050 N. Horseshoe Drive, #110, Naples, FL 34104 SHIP Eden Gardens Apartments Limited Partnership Phase I - New Construction Page 19 of 19 16027 Memorandum To: Patricia Morgan, Supervisor Clerk of Courts — Minutes and Records From: Rosa Munoz, Grants Coordinator Date: December 15, 2008 �J\� Subject: Mortgage Modification Re: SHIP FY 2007 -2008 — Eden Gardens Apartments Limited Partnership Attached please find a Mortgage Modification for Eden Gardens Apartments Limited Partnership and Collier County for SHIP funding in the amount of $442,000.00 toward construction of fifty -one (51) rental units known as Eden Gardens Apartments Limited Partnership in unincorporated Immokalee, Florida. Original Mortgage was recorded as: 4145033 OR 4343 PG 1156 -1165. Please RECORD the attached 2 -page Modification and charge to: q �, The account string for RECORDING is 191. 138785 - 649030.44208'(. Cc: Kelly Jones, Senior Accountant — Clerk's Finance Marlene Foord, Grant Coordinator — Administrative Services Division Joanne Markiewicz, Operations Manager— Purchasing File Department of Housing and Human Services Public Services Division 4246928 OR; 441; PG; 2390 REOCRIE n,, OFFICIAL RBCOM of COLLIER COUNTY, PL 12/31!2008 at E:54PR DWIGHT E. FROCK, CLERK REC FEE 27,00 COPIES 3.00 Retr.: PREPARED BY AND RETURN TO: CLERK TO THE BOARD 1 6 D 2 7 INTEROFFICE 4TH FLOOR 1 COLLIER COUNTY RYT 7240 HOUSING AND HUMAN SERVICES 3050 N. HORSESHOE DRIVE, #110 NAPLES, FLORIDA 34104 THIS SPACE FOR RECORDING MORTGAGE MODIFICATION AGREEMENT This Modification Agreement ( "Agreement'), effective as of 11t 1r-, , 2008, is made by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "County ", and Eden Garden Apartments, Limited Partnership, a private not -for- profit corporation, existing under the laws of the State of Florida, having its principal office at 19308 SW 380th Street, Florida City, Florida 33034, hereinafter referred to as "Mortgagor ". WITNESSETH: In consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. PROMISSORY NOTE AND MORTGAGE Mortgagor has given County a Promissory Note ( "Note ") and Mortgage ( "Mortgage ") dated March 17, 2008 which is recorded in the public records of Collier County at OR Book 4343 Pages 1156 -1165, inclusive. II. PAYMENTS The first payment shall be due from Mortgagor to County on December 31, 2014. Ill. MODIFICATION In consideration of the mutual promises and agreements exchanged, notwithstanding anything to the contrary contained in the Note or Mortgage, the Parties hereto agree as follows: a. Principal payments in the amount of Thirty One Thousand Five Hundred Seventy One and 43/100 Dollars ($31,571.43) shall be made annually to County commencing December 31, 2014 and continuing for a term of fourteen (14) years. Any unpaid principal shall be due and payable on December 31, 2028. OR: 4417 PG: 2391 16D27 IV. OTHER TERMS The recorded Note and Mortgage shall continue in full force and effect except as modified by this Agreement. All other terms, conditions and covenants remain unchanged, except as modified by this Agreement. V. COMPLIANCE Mortgagor agrees to perform, comply with, and abide by the provisions of the Note and Mortgage as modified by this Agreement. WITNESS THEREOF, the undersigned parties have executed this Mortgage Modification Agreement. WI NE ES Print Name: //,f,i�7j,cty�,G/ Print Name: veh STATE OF FLORIDA COUNTY OF MIAMI -DADE Eden Gardens Apartments, Limited Partnership By: General Partner Corkscrew Sanctuary, LLC, a Florida Limited Liability Company President The forgoing instrument was acknowledged before me this �° day of ��Ar Pt 2008, by Steven Kirk, as President of Corkscrew Sanctuary, LLC, General Partner of Eden Garden Apartments, Limited Partnership, who is personally known to me. [NOTARIAL SEAL] �` c�7l.�ti V jj — � Signature of Person Taking Acknowledgment Y Print Name WITNESSES Print Name: STATE OF FLORIDA COUNTY OF COLLIER * ** OR; 4417 PG, 2392 * ** 16027 Collier County By: Marcy Krumbine Housing and Human Services Signature: y Krumbq , Director The forgoing instrument was acknowledged before me this �5'�" day of C 2008, by Marcy Krumbine, Director, Collier County Department of Housing and Human Services, who is personally known to me. [NOTARIAL SEAL] JU) Signature of I son TakinE Acknowledgment WENOY A MoPF .' MY CDMMI9810N M DD 76M ""• EXPIRES: Wi 12,,20 n lA�etYL' -k 0- Print Name 16027 0 Memorandul To: Patricia Morgan, Supervisor Clerk of Courts — Minutes and Records From: Rosa Munoz, Grants Coordinator Date: December 15, 2008 Subject: Mortgage Modification Re: SHIP FY 2007.2008 — Eden Gardens Apartments Limited Partnership Attached please find a Mortgage Modification for Eden Gardens Apartments Limited Partnership and Collier County for SHIP funding in the amount of $442,000.00 toward construction of fifty -one (51) rental units known as Eden Gardens Apartments Limited Partnership in unincorporated Immokalee, Florida. Original Mortgage was recorded as: 4145033 OR 4343 PG 1156 -1165. Please RECORD the attached 2 -page Modification and charge to: q The account string for RECORDING is 191. 138785. 649030 - 44208'(. Cc: Kelly Jones, Senior Accountant — Clerk's Finance Marlene Foord, Grant Coordinator — Administrative Services Division Joanne Markiewicz, Operations Manager— Purchasing File Department of Housing and Human Services Public Services Division 4246928 OR: 4417 PG: 2390 RECCRDF in OFFICIAL RECHDS 0; COLLIER COUNTY, FL -, 31/20C1 at 12::4Pu DNIGRT F. FRCCK, CLERK REC FEE 27.00 COPIES 3.00 Retr,: PREPARED BY AND RETURN TO: CLERK TO THE EOARD 1 6 D 2 7 INTEROFFICE 4?H FLOOR COLLIER COUNTY EET 7240 HOUSING AND HUMAN SERVICES 3050 N. HORSESHOE DRIVE, #II 10 NAPLES, FLORIDA 34104 THIS SPACE FOR RECORDING MORTGAGE MODIFICATION AGREEMENT This Modification Agreement ( "Agreement'), effective as of 111 15 , 2008, is made by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "County ", and Eden Garden Apartments, Limited Partnership, 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, hereinafter referred to as "Mortgagor ". WITNESSETH: In consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. PROMISSORY NOTE AND MORTGAGE Mortgagor has given County a Promissory Note ( "Note ") and Mortgage ( "Mortgage ") dated March 17, 2008 which is recorded in the public records of Collier County at OR Book 4343 Pages 1156 -1165, inclusive. II. PAYMENTS The first payment shall be due from Mortgagor to County on December 31, 2014. 111. MODIFICATION In consideration of the mutual promises and agreements exchanged, notwithstanding anything to the contrary contained in the Note or Mortgage, the Parties hereto agree as follows: a. Principal payments in the amount of Thirty One Thousand Five Hundred Seventy One and 43/100 Dollars ($31,571.43) shall be made annually to County commencing December 31, 2014 and continuing for a term of fourteen (14) years. Any unpaid principal shall be due and payable on December 31, 2028. OR: 4417 PG: 2391 16D27 IV. OTHER TERMS The recorded Note and Mortgage shall continue in full force and effect except as modified by this Agreement. All other terms, conditions and covenants remain unchanged, except as modified by this Agreement. V. COMPLIANCE Mortgagor agrees to perform, comply with, and abide by the provisions of the Note and Mortgage as modified by this Agreement. WITNESS THEREOF, the undersigned parties have executed this Mortgage Modification Agreement. zai�6L Print Name: 044fft,, v STATE OF FLORIDA COUNTY OF MIAMI -DADE Eden Gardens Apartments, Limited Partnership By: General Partner Corkscrew Sanctuary, LLC, a Florida Limited Lijbility Company President The forgoing instrument was acknowledged before me this i°7�i day of �P Prsl�Pt 2008, by Steven Kirk, as President of Corkscrew Sanctuary, LLC, General Partner of Eden Garden Apartments, Limited Partnership, who is personally known to me. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment P A k �oio\-C• es " Print Name WITNESSES Print Name: ME�. �� i►��'�;� STATE OF FLORIDA COUNTY OF COLLIER * ** OR; 4417 PG; 2392 * ** 16D27 Collier County By: Marcy Krumbine Housing and Human Services Signature: y Krumbq , Director The forgoing instrument was acknowledged before me this 1t� day of , C ' 2008, by Marcy Krumbine, Director, Collier County Department of Housing and Human Services, who is personally known to me. [NOTARIAL SEAL] Signature of 1� son Takink Acknowledgment 6Yk a �a WENDYA.Wff Print Name NfY COMMI9610N # DD 186906 EXPIRES: A ),Aug ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP L TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 D 28 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach tooriginal documci it. original documents should he hand delivered to the Board Office. The completed routing slip and original documents are to be for waded to the Board Office only after the Board has talon action on the dent 1 ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the >,.,..a..:,.., Fth.. rh.i.....nI..iomu..re d ace . fine thrnunh rantim, lines #1 nrouali #4. complete the cheddist and forward to Sue Filson (line #5). Route to Addressee(s) List in tooling order Office Initials Date 1.Rosa Munoz Housing & Human Services RM 11 -13 -07 2.Chairman James Coletta BCC Agenda Item Number 16D42 Z 3. signed by the Chairman, tyith the exception of most letters. must be reviewed and signed 4. Subrecipient Agreement Number of Original 2 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending ACC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only aflu the BCC has acted to approve the item 1 Name of Primary Staff Rosa Mufloz, Grants Coordinator Phone Number 252 -5713 Contact appropriate. (Initial) Applical ble) Agenda Date Item was November 13, 2007 Agenda Item Number 16D42 Z Approved by the BCC signed by the Chairman, tyith the exception of most letters. must be reviewed and signed Type of Document Subrecipient Agreement Number of Original 2 Attached resolutions. etc. signed by the Counts Attorney's Office and signature pages front Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Formst BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05. Revised 2.24.05 Initial the Yes colunm or nark -'N /A" in the Not Applicable colunm. whichever is Yes N/A (Not appropriate. (Initial) Applical ble) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, tyith the exception of most letters. must be reviewed and signed by the Mice of the Counh Attonhe} . This includes signature pages from ordinances. resolutions. etc. signed by the Counts Attorney's Office and signature pages front contracts, agreements, etc. that have been filly executed M all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions hat a been initialed by the Counh Attorney's Office and all other parties except the BCC Chairhan and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the finial negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception). the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of tour deadlines! 6. The document was approved by the BCC on 11/13/2007 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Counh• Attornev's Office has reviewed the change-, if applicable. I: Forms/ County Formst BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05. Revised 2.24.05 MEMORANDUM 1 0 J28 Date: November 14, 2007 To: Frank Ramsey, SHIP Program Coordinator Housing & Human Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Sub - Recipient Agreement — Big Cypress Housing Corporation Enclosed please find one original of the above referenced document, (Agenda Item #16D28), approved by the Board of County Commissioners on Tuesday, November 13, 2007. The Minutes and Records Department has retained one original document for the official records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure 1 �� AGREEMENT BETWEEN COLLIER COUNTY 6 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 Identification number as 65-1067124 hereinafter referred to as the "DEVELOPER," collectively the "Parties," effective July I, 2007. WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department 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 -2008 for the HOME Program by Resolution (2007 -101) on April 24, 2007; and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 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 Page I of 26 2007 -HOME Construction/ Fire Sprinklers CHDO Set -Aside Agreement L DEFINITIONS 16 D 28 (1) "AGENCY" means the Housing & Human Services Department of Collier County, the HOME administering agency of Collier County. For the purpose of this Agreement and all administration of HOME funds, the AGENCY shall act on behalf of the COUNTY in the execution and fiscal and 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 terms of this Agreement, or obligation State or local law or regulation.. (2) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (3) "HOME" is hereby 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 Department of Collier County. (5) "DEVELOPER" means the Big Cypress Housing Corporation. (6) `HHS APPROVAL" means the written approval of the Housing and Human Services Department or designee. (7) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (8) "Low and moderate income persons" means the definition set by HUD. (9) "PROJECT" means the work contemplated to be performed as set forth in Exhibit `'A ". (10) "FEE" is hereby defined as the amount of money the COUNTY agrees to pay and the DEVELOPER agrees to accept as payment in full for all the professional and technical services rendered pursuant to this Agreement to complete the WORK as further defined in Section III, Scope of Work, hereof. (11) "WORK" - is hereby defined as all the professional and technical services to be rendered or provided by the DEVELOPER as described here. if. SCOPE OF SERVICES The DEVELOPER 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 the timely release of funds for this project by HUD under Grant No. M- 07 -UC -12 -0017. The effective date shall be the latest date of execution of this Agreement, and the services of the DEVELOPER 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 DEVELOPER prior to June 15, 2008. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. Big Cypress Housing Corporation Page 2 of 26 2007 -1I0ME Construction/ Fire Sprinklers CHDO Set -Aside Agreement 16D28 IV. CONSIDERATION AND LIMITATION OF COSTS The DEVELOPER shall be reimbursed by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) for the services described in Exhibit "A." In the event the project costs exceed the stated amount, the DEVELOPER shall be responsible for the excess. The COUNTY reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The COUNTY also reserves the right to hold payment until adequate documentation has been provided and reviewed, but such payments shall not be arbitrarily nor unreasonably withheld if adequate documentation as defined by HOME regulations is provided. The DEVELOPER may submit a final invoice upon completion with a letter requesting closeout of the project. Final payment shall be made after the COUNTY has determined 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 report and documentation of eligible occupancy, property standards and applicable restrictions. Said detennination 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 records shall be maintained for a period of five years after completion. All improvements specified in Exhibit "A" shall be performed by DEVELOPER employees, or shall be put out to competitive bidding under a procedure 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 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 and Human Services at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the DEVELOPER when delivered to its office at the address listed on page one (1) of this Agreement. Vt. SPECIAL CONDITIONS The DEVELOPER agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations concerning HOME Investment Partnership Program Grants (HOME) and all federal regulations and policies issued pursuant to these regulations. The DEVELOPER further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. Big Cypress Housing Corporation Page 3 of 26 2007 -HOME Construction/Fire Sprinklers CHDO Set -Aside Agreement 16D28 VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The DEVELOPER shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS' 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 HHS Department or designee. Should a project receive additional funding after the commencement 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 Department or designee within forty -five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS The DEVELOPER covenants and warrants that it will comply with all applicable laws, ordinances, codes, rules and regulations of the state local and federal governments, and all amendments thereto, including, but not limited to; Title 8 of the Civil Rights Act of 1968 PL.90 -284; Executive Order 11063 on Equal Opportunity and Housing Section 3 of the Housing and Urban Development Act of 968; Housing and Community Development Act of 1974, as well as all requirements set forth in 24 CFR 92 of the Home Investment Partnership 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 maintenance of this contract. For all activities except predevelopment, no HOME project funds will be advanced, and no costs can be incurred, until the COUNTY has conducted an environmental review of the proposed project site as required under 24 CFR 58. The environmental review may result in a decision to proceed with, modify or cancel the grant assistance. Notwithstanding any provision of this Agreement, the Parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the COUNTY of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR 58. The HOME funds advanced to the PROJECT will be secured by lease agreements, and deposit agreements. The DEVELOPER will also ensure that the PROJECT be secured by a deed restriction as required by 24 CFR Part 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.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). The environmental effects of each activity carried out with HOME funds must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) Big Cypress Housing Corporation Page 4 of 26 2007 -HOME Construction/Fire Sprinklers CHDO Set -Aside Agreement i6D25 and the related authorities listed in HUD;s implementing regulations 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 incurred, including actual expenditures or invoices for work completed. If the project is to be owner - occupied, the DEVELOPER will ensure that all HOME assisted units will be in compliance with 24 CFR 92.254, including documenting that the property is eligible under 92.254(a)(1) — (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 standards 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 Project beneficiary information pertaining to household size, income levels, racial characteristics, and the presence of Female Headed Households in order to determine low and moderate- income benefit in a cumulative and individual manner. Income documentation shall be the Annual Anticipated Income method as stated in the HUD Technical Guide for Determining Income and Allowances Under the HOME Program. In the selection of occupants for PROJECT units, the DEVELOPER shall comply with all non - discri mination requirements of 24 CFR 92.350. Such procedures are subject to approval of the HHS Department. The DEVELOPER will implement affirmative marketing procedures as required by 24 CFR 92.351. Such procedures are subject to approval of the HHS Department. If the PROJECT is occupied at the time of this commitment, the DEVELOPER will comply with the relocation requirements of 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 Department regarding match for purposes of the HOME program prior to submittal of request for payment prior to submittal of request for payment. The DEVELOPER will be monitored by the HHS Department for compliance with the regulations of 24 CFR 92 for 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 records must be maintained on site. Big Cypress Housing Corporation Page 5 of 26 2007 -110ME Construction/ Fire Sprinklers CHDO Set -Aside Agreement CHDO PROVISIONS: It is understood that the DEVELOPER has certified that it is and will maintain CHDO (Community Housing Development Organization) status for the term of the PROJECT /AGREEMENT in accordance with 24 CFR 92. DEVELOPER agrees to provide information as may be requested by the AGENCY to document its continued compliance, including but not limited to an annual board rooster and certification of continued compliance. Any funds advanced as CHDO pre - development funds must be in compliance with 92.301, and are forgivable only under the terms in 92.301. Any funds advanced to the CHDO as CHDO Operating Expenses must be expended in compliance with 24 CFR 92.208. Any funds that the CHDO is permitted to retain as CHDO proceeds from this project shall be used in compliance with 24 CFR 92.300(a)(2) or as specified in this Agreement. If the project is rental, the DEVELOPER will create and follow a tenant participation plan as required in 24 CFR 92.303. 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 procedures for the protection of historic and cultural properties. 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 VI1 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. Big Cypress Housing Corporation Page 6 of 26 2007 -HOME Construction Fire Sprinklers CHDO Set -Aside Agreement 9. to. it. 12. 13. 14. 15. 16. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part t30 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part t5 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 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. 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 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. Big Cypress Housing Corporation Page 7 of 26 2007 -HOME Construction/ Fire Sprinklers CHDO Set -Aside Agreement 16028 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. 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 foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -1 10 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. C. SUBCONTRACTS The DEVELOPER further warrants and agrees to include or cause to be included the criteria and requirements of this section in every non- exempt subcontract in excess of $100,000. The DEVELOPER also agrees to take such action as the federal, state or local government may direct to enforce aforesaid provisions. As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the DEVELOPER certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). Any work or services subcontracted by the DEVELOPER 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 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 terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at DEVELOPER 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 DEVELOPER or reimbursed by the COUNTY without prior written approval of the HHS or his designee. Big Cypress Housing Corporation Page 8 of 26 2007 -110ME Construction/ Fire Sprinklers CHDO Set -Aside Agreement 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. INDEMNIFICATION The DEVELOPER shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terns of this Agreement, or due to the acts or omissions of the DEVELOPER. DEVELOPER's aforesaid 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 Federal Government arising out of the conduct of activities and administration of DEVELOPER. F. 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 support herein provided by HHS in all publications and publicity. In addition, the DEVELOPER will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. The DEVELOPER 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'X 8" plywood back panel and other conventional construction materials and methods. G. SUSPENSION & TERMINATION In accordance with 24 CFR 85.43, suspension or termination may occur if the DEVELOPER materially fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. 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 DEVELOPER with funds under this Agreement shall be returned to HHS or the COUNTY. In 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 purposes 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 terminate 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 the COUNTY under the law and the note and mortgage (if in effect), including but not limited to Big Cypress Housing Corporation Page 9 of 26 2007 -HOME Construction/ Fire Sprinklers CHDO Set -Aside Agreement 16828 compelling the DEVELOPER to complete the project in accordance with the teens of this Agreement, in a court of equity. The waiver of breach of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof. 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 The COUNTY may terminate for its convenience this contract at any time by giving at least thirty (30) days notice in writing to the DEVELOPER. If the contract is terminated 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 date of notice, and the DEVELOPER will be paid as a FEE an amount which bears the same ratio to the total compensation as the services actually performed bear to the total service of the DEVELOPER covered by this contract, less payments of compensation previously made. Claims and disputes between the Parties will be submitted to the American Arbitration Association for resolution. Award or judgment maybe entered in any court having jurisdiction thereof. 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 DEVELOPER agrees this coverage shall be provided on a primary basis. COMMERCIAL GENERAL LIABILITY The DEVELOPER shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and S200,000 per accident /occurrence per Florida Statutes § 768.28 and 52,000,000 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 granted by the County's Risk Management Department. The DEVELOPER agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The DEVELOPER shalt agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and 5200,000 per accident /occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The DEVELOPER shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding 51000 for Big Cypress Housing Corporation Page 10 of 26 2007 -HOME Constructioru Fire Sprinklers CHDO Set -Aside Agreement 16028 Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The DEVELOPER shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The DEVELOPER agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The DEVELOPER shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier Countv Board of Countv Cnmmigginnem q Pnlitiral Ciih iiiiicinn . F tartment ". The DEVELOPER shall agree provide coverage on a primary basis. 4. CERTIFICATE 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 Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The DEVELOPER agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with 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. INDEPENDENT AGENT AND EMPLOYEES The 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 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 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 therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD - KEEPING Big Cypress Housing Corporation Page l l of 26 2007 -HOME Construction, Fire Sprinklers CHDO Set -Aside Agreement i I . The DEVELOPER shall maintain all records required by the HOME Federal Regulations for a period of five years (5) years after expiration of this Agreement. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the DEVELOPER for the purpose of this Agreement shall be made available to the COUNTY by the DEVELOPER at any time upon 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. 3. The DEVELOPER 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. DEVELOPER shall submit monthly beneficiary reports to Housing & Human Services using Exhibit "C ". 5. The DEVELOPER 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. 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 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 -I 10, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. The DEVELOPER shall establish procurement procedures to ensure that materials and services are obtained in a cost - effective manner. When 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 following requirements are imposed on any procurement under this PROJECT: Comply with Collier County Purchasing Ordinance # 87 -25, amended by Resolution #97 -435, as may be amended, 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 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. Big Cypress Housing Corporation Page 12 of 26 2007 -HOME Construction/Fire Sprinklers CHDO Set -Aside Agreement 1628 E. ADDITIONAL HOUSING & HUMAN SERVICES, COUNTY, AND HUD REQUIREMENTS 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 United States may deem necessary, there shall be made available by the DEVELOPER to HHS, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The DEVELOPER 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 DEVELOPER to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A -110 (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 (ISO) 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 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 extension in advance of the deadline. The cost of said audit shall be borne by the DEVELOPER. In the event the DEVELOPER 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 DEVELOPER as defined in A -133. The COUNTY will be responsible for providing technical assistance to the DEVELOPER, as deemed necessary by the COUNTY. G. PROGRAM- GENERATED INCOME All income earned by the DEVELOPER 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 DEVELOPER 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 -110 (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 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 Income on hand at or received by the DEVELOPER 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 DEVELOPER requests to utilize uncommitted funds. Big Cypress Housing Corporation Page 13 of 26 2007 -110ME Construction/Fire Sprinklers CHDO Set -Aside Agreement 16D28 GRANT CLOSEOUT PROCEDURES DEVELOPER 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 REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The DEVELOPER 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 DEVELOPER 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 DEVELOPER shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority /women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be very low, 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 DEVELOPER shall provide written verification of compliance to HHS upon HHS' request. D. EVALUATION AND MONITORING The DEVELOPER agrees that HHS will carry out periodic monitoring and evaluation activities as determined necessary by HHS or the COUNTY and that the continuation of Big Cypress Housing Corporation Page 14 of 26 2007 -II0ME Construction/ Fire Sprinklers CHDO Set -Aside Agreement 16D23 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 DEVELOPER 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 DEVELOPER 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 of HHS by HUD. The DEVELOPER shall allow HHS or HUD to monitor the DEVELOPER on site. Such site visits may be scheduled or unscheduled as detennined by HHS or HUD. E. CONFLICT OF INTEREST The DEVELOPER covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any 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 DEVELOPER. Any possible conflict of interest on the 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 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 DEVELOPER certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG -FREE WORKPLACE REQUIREMENTS The DEVELOPER, as a condition of being awarded, must certify that they will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 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. Big Cypress Housing Corporation Page 15 of 26 2007 -HOME Construction/ Fire Sprinklers CHDO Set -Aside Agreement f 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all DEVELOPERS shall certify and disclose accordingly. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The DEVELOPER, as DEVELOPER, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: I. 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 (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 DEVELOPER 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 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 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. Big Cypress Housing Corporation Page 16 of 26 2007 -HOME? Construction/ Fire Sprinklers CHDO Set -Aside Agreement • D. HISTORIC PRESERVATION The DEVELOPER agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the DEVELOPER shall transfer to the COUNTY any HOME funds on hand 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 property under DEVELOPER control that was acquired or improved in whole or in part with HOME funds in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS HOME funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on HOME funds, and is herein incorporated by reference. In addition, any DEVELOPER that can be considered to be a religious organization shall abide by all portions of 24 CFR 92.257. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -six (26) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. Big Cypress Housing Corporation Page 17 of 26 2007 -HOME Construction/ Fire Sprinklers CHDO Set -Aside Agreement 16D28 XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. IN WITNESS THEREOF, the parties hereto have caused this 26 page agreement to be executed by their undersigned officials as duly authorized effective the I" day of July, 2007. (DEVELOPER SEAL) (Optional) ATTES°i DWIGHT E. Bit( IC; CLERK 'Patricia. Mor a SD puts Clerk Atte$t.�as A4i sianatura oalN Approved as legal sufticie Jeffrey A. Klk Chief Assista IV, C my Attorney BIG CYPRESS HOUS IRK, PR-k&DENT TION BOARD OF COUNTY COMMISSIONERS OF COLLIER COU TY, FLORIDA BY: I) l� T JAMS COLETTA, CHAIRMAN Big Cypress Housing Corporation Page 18 of 26 2007 -HOME, Construction/ Fire Sprinklers C'HDO Set -Aside Agreement • r�' f • 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) permanent rental housing units. Fifty -one (5 1 ) are multi- family (Phase I), four (4) are single- family (Phase 2) for qualifying low income legal migrant and seasonal farmworkers, on approximately 20 acres in unincorporated Immokalce, Florida. B. PROJECT SCOPE: The Big Cypress Housing Corporation will construct fifty -five (55) permanent rental housing units of which four (4) are single - family and fifty -one (51) are multi- family to qualifying low income legal migrant and seasonal farmworkers, on approximately 20 acres. This HOME funding is for Phase 1 or Phase 2. Funding will be utilized and expended for construction and /or the installation of fire sprinklers. Funding in the amount of ONE HUNDRED FORTY SIX THOUSAND, NINE HUNDRED NINETY SEVEN DOLLARS ($146, 997) will be allocated from regular HOME funding and ONE HUNDRED THREE THOUSAND, AND 'THREE DOLLARS ($103,003) will be allocated from HOME CHDO Set -Aside funding. The units are HOME fixed units. The project must contain at least 20% of the units (eleven- 11), occupied by families at or below 50% of MFI and rents established at Low HOME Rent Level. Additionally, thirty- ei�*ht (38) units must be occupied by households at or below 60% MFI and rents established at High or Low HOME Rent Levels. The remainine balance, six (6) units, must be occupied by 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 income qualification and legal residency requirements prior to full occupancy and on an annual basis. The anticipated 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 (HUD). The annual income certification is due July Ist 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 are not received, requests for payments cannot be processed. Big Cypress Housing Corporation Page 19 of 26 2007 -1 10ME Construction Fire Sprinklers CHDO Set -Aside Agreement 16D28 The creation and maintenance of income eligible tiles 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 household /income eligibility criteria must be submitted prior to the start of construction of this project. Submission of documentation of Leverage /Match Funds listed under Budget in Section C prior to submittal of first Request for Payment form. Posting of visible signage at the work site identifying the funding source(s) as mentioned in section VII part F. This is negotiable if the Big Cypress Housing Corporation feels that identification of site impedes improvements or occupancy. NOTE I: The DEVELOPER shall submit its bid package, proposed bid system and drawings /specifications to HHS and obtain a letter of approval prior to bidding the 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 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 itemized 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 100% performance bond for any contract tat exceeds $100,000. NOTE 3: The DEVELOPER shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. The DEVELOPER shall obtain HHS's approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the DEVELOPER shall submit bid minutes to HHS. HHS's approval is required prior to executing any change orders to such contract. 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 materials and equipment that have been installed. The DEVELOPER further agrees that HHS, in consultation with any parties HHS deems necessary, shall be the final arbiter on the DEVELOPER's compliance with the above. C. TOTAL DEVELOPMENT COST: HOME & HOME CHDO Set Aside -Big Cypress Housing Corporation PHASE II THE RESERVE AT EDEN GARDENS Sources of Funds Amount Type $ FHFC LOAN $ 300,000 DEMO FHLB $ 250,000 AHP COLLIER $ 250,000 HOME COLLIER $ 192,000 CDBG Total $ 992,000 Uses of Funds CHDO -Set Aside HOME Other Sources Total Construction 3/4 BR Single Family (4) Infrastructure 103,003 146,997 Big Cypress Housing Corporation Page 20 of 26 2007 -HOME Construction Fire Sprinklers CHDO Set -Aside Agreement 164,626 $ 414,626.00 209,660 $ 209,660.00 Other Construction Permits /Impact Fees Contingency Subtotal Construction Financial Fees & Closing Costs Interest During Con Subtotal Financial General Development Costs Accounting Fees Appraisal Architect Fees Builders Risk Insurance Construction Cost Analysis Engineering Fees & Platting Environmental Fees Inspection Fees Insurance Legal and Closing Costs Market Study Marketing/Advertising Soil Test Report Survey Utility Connections Taxes During Construction Contingency Subtotal Development Budget 103,003 58,267 $ 58,267.00 24.971 $ 24 971.00 146,997 457,524 $ 707,524.00 5,000 30.000 35,000 12,000 3,250 36,000 6,322 1,250 44,640 1,940 5,000 4,000 21,225 2,900 1,200 1,800 6,020 4,500 4.279 156,326 $ 5,000.00 $ 30.000.00 35,000 $ 12,000.00 $ 3,250.00 $ 36,000.00 $ 6,322.00 $ 1,250.00 $ 44,640.00 $ 1,940.00 $ 5,000.00 $ 4,000.00 $ 21,225.00 $ 2,900.00 $ 1,200.00 $ 1,800.00 $ 6,020.00 $ 4,500.00 $ 4.279.00 $ 156,326.00 Developer's Fees (Earned) 53,150 $ 53,150.00 Land /ROWS - - 40,000 $ 40,000.00 Total Development Budget $ 103,003.00 $ 146,997.00 $ 742,000.00 $ 992,000.00 D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing. E. F BONDING REQUIREMENTS: The DEVELOPER shall comply with the requirements of OMB Circular A -I 10 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. Big Cypress Housing Corporation Page 21 of 26 2007 -HOME Construction Fire Sprinklers CHDO Set -Aside Agreement 16 D 28 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 agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis -Bacon Act. H. FORMER PROJECTS: Failure to adequately maintain any former CDBG /HOME /SHIP /ESG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future HOME funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Milestone Deadline Start construction 11/30/07 Construction of 55 units complete _ 10/30/08 Lease Up Complete -d 12/30/08 Please note that if any gl'these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. COMPENSATION: The County shall pay the DEVELOPER for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports as identified in Section I. Reimbursement shall be made to the DEVELOPER when requested as work progresses, but not more frequently than once per month. Adherence to the work schedule identified in Section H will be required, unless modified in writing by the parties. Reimbursement 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 ". K. 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 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 form Exhibit "C". The progress reports shall be used as an additional basis for HHS's approval of invoices, etc. for reimbursement. L. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY INDICATORS DECENT HOUSING Affordability through the Construction of new Number of new creation of fifty -five (55) rental housing units. affordable rental rental housing units. _ housing units built (55). Big Cypress Housing Corporation Page 22 of 26 2007 -HOME Construction/ Fire Sprinklers CHDO Set -Aside Agreement 16D28 EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Bic, Cypress Housing Corporation Subrecipient Address: 19308 SW 380 °i Street, Post Office Box 343529 Florida City F[ 33034 Project Name: The Reserve at Eden Gardens CHDO Set Aside for Fifty -Five Rental Units Project No: HM07- Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 250,000 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid 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 that this request for reimbursement 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 Reimbursement is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Dept Director (approval authority under 514,999) (approval required $15,000 and above) Big Cypress Housing Corporation Page 23 of 26 2007- 110MF. Constructions Fire Sprinklers CHDO Set -Aside Agreement 16D28 "ATTACHNIENT A" BIG CYPRESS HOUSING CORPORATION (2007 HOME CHDO SET ASIDE) THE RESERVE AT EDEN GARDENS HOME MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Human Services staff'hy the 10'x' of the.following month. Status Report for Month of Date: Project Name Reserve at Eden Gardens for fifty -five rental units Project Number FIM07- Activity Number DEVELOPER: Bit, Cypress Housing Corporation _ Contact Person Steve Kirk, President Telephone: 305 -242 -2[42 _ Fax: 305 -2 42 -2143 E -mail: kirknetp yahoo cons t. 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. New leases executed this month (if applicable): Big Cypress Housing Corporation Page 24 of 26 2007 -HOME Construction/ Fire Sprinklers CHDO Set -Aside Agreement 16D28 Name of Applicant I Security Deposit I Utility Deposit 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits ___ households or persons. Please circle one category (either "households" or "persons -). tinter the member of beneficiaries in the blank space and in box "l. " INCOME Of the households or persons assisted, are extremely low - income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box "?. " Of the households or persons assisted, are very low - income (31 -50 %) of the current Median Family Income (ME[). Enter this number in box -3. " Of these households or persons assisted, are low- income (51 -80 %) of the current Median Family Income (ME[). Enter this number in box -4. " NOTE: The total of boxes 2, 3 and 4 should equal the number in bo_v L. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box 5 '' below. BOX BOX 13OX3 BOX BOX Total Number of Fxucmely Vcry Low Income Female Head of Households or Persons Inv Income I.ow income (51 -80;6) Household .lssisled (0 -30Y) (31 -50 %) Big Cypress Housing Corporation Page 25 of 26 2007 -HOME Construction'Fire Sprinklers CHDO Set -Aside Agreement 16D28 DEVELOPER 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: 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 # His anic 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 Big Cypress Housing Corporation Page 26 of 26 2007 -110ME Construction Fire Sprinklers CIIDO Set -Aside Agreement 16D28 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) permanent rental housing units. Fifty -one (51) are multi- family (Phase I), four (4) are single - family (Phase 2) for qualifying low income legal migrant and seasonal farmworkers, on approximately 20 acres in unincorporated Immokalee, Florida. B. PROJECT SCOPE: The Big Cypress Housing Corporation will construct fifty -five (55) permanent rental housing units of which four (4) are single- family and fifty -one (5 1) are multi - family to qualifying low income legal migrant and seasonal farmworkers, on approximately 20 acres. This HOME funding is for Phase l or Phase 2. Funding will be utilized and expended for construction and /or the installation of fire sprinklers. Funding in the amount of ONE HUNDRED FORTY SIX THOUSAND, NINE HUNDRED NINETY SEVEN DOLLARS ($146, 997) will be allocated from regular HOME funding and ONE HUNDRED THREE THOUSAND, AND THREE DOLLARS ($103,003) will be allocated from HOME CHDO Set -Aside funding. The units are HOME fixed units. The project must contain at least 20% of the units (eleven - 11), occupied by families at or below 50% of MFI and rents established at Low HOME Rent Level. Additionally, thirty -eight (38) units must be occupied by households at or below 60% MFI and rents established at High or Low HOME Rent Levels. The remainim balance, six (6) units, must be occupied by 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 income qualification and legal residency requirements prior to full occupancy and on an annual basis. The anticipated 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 (HUD). The annual income certification is due July Ist 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) days of the agreement approval. If documents are not received, requests for payments cannot be processed. Big Cypress Housing Corporation Page 19 of 26 2007 -HOME Construction/ Fire Sprinklers CHDO Set -Aside Agreement The creation and maintenance of income eligible 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 household /income eligibility criteria must be submitted prior to the start of construction of this project. Submission of documentation of Leverage /Match Funds listed under Budget in Section C prior to submittal of first Request for Payment form. Posting of visible signage at the work site identifying the funding source(s) as mentioned in section VII part F. This is negotiable if the Big Cypress Housing Corporation feels that identification of site impedes 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 reported to the HHS staff as soon as the determination is made if it 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 itemized 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 100% performance bond for any contract tht exceeds $100,000. NOTE 3: The DEVELOPER shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. The DEVELOPER shall obtain HHS's approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the DEVELOPER shall submit bid minutes to HHS. HHS's approval is required prior to executing any change orders to such contract. 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 materials and equipment that have been installed. The DEVELOPER further agrees that HHS, in consultation with any parties HHS deems necessary, shall be the final arbiter on the DEVELOPER's compliance with the above. C. TOTAL DEVELOPMENT COST: HOME & HOME CHDO Set Aside -Big Cypress Housing Corporation PHASE II THE RESERVE AT EDEN GARDENS Sources of Funds Amount Type $ FHFC LOAN $ 300,000 DEMO FHLB $ 250,000 AHP COLLIER $ 250,000 HOME COLLIER $ 192.000 CDBG Total $ 992,000 Uses of Funds CHDO -Set Aside HOME Other Sources Total Construction 3/4 BR Single Family (4) Infrastructure Big Cypress Housing Corporation 2007 -HOME Construction/ Fire Sprinklers CHDO Set -Aside Agreement 103,003 146,997 164,626 $ 414,626.00 - 209,660 $ 209,660.00 Page 20 of 26 Other Construction Permits /Impact Fees Contingency Subtotal Construction Financial Fees & Closing Costs Interest During Con Subtotal Financial General Development Costs Accounting Fees Appraisal Architect Fees Builders Risk Insurance Construction Cost Analysis Engineering Fees & Platting Environmental Fees Inspection Fees Insurance Legal and Closing Costs Market Study Marketing /Advertising Soil Test Report Survey Utility Connections Taxes During Construction Contingency Subtotal Development Budget Developer's Fees (Earned) Land /ROWS 103,003 146,997 58,267 24.971 457,524 5,000 30.000 35,000 12,000 3,250 36,000 6,322 1,250 44,640 1,940 5,000 4,000 21,225 2,900 1,200 1,800 6,020 4,500 4.279 156,326 • R $ 58,267.00 $ 24.971.00 $ 707.524.00 $ 5,000.00 $ 30.000.00 35,000 $ 12,000.00 $ 3,250.00 $ 36,000.00 $ 6,322.00 $ 1,250.00 $ 44,640.00 $ 1,940.00 $ 5,000.00 $ 4,000.00 $ 21,225.00 $ 2,900.00 $ 1,200.00 $ 1,800.00 $ 6,020.00 $ 4,500.00 $ 4.279.00 $ 156,326.00 53,150 $ 53,150.00 40,000 $ 40,000.00 Total Development 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. F BONDING REQUIREMENTS: The DEVELOPER shall comply with the requirements of OMB Circular A -I 10 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. Big Cypress Housing Corporation Page 21 of 26 2007 -HOME Construction/ Fire Sprinklers Cl DO Set -Aside Agreement G. FORMER PROJECTS: Failure to adequately maintain any former CDBG /HOME /SHIP /ESG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future HOME funds. H. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Milestone Deadline Start construction 11/30/07 Construction of 55 units complete 10/30/08 Lease Up Complete 12/30/08 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. COMPENSATION: The County shall pay the DEVELOPER for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports as identified in Section J. Reimbursement shall be made to the DEVELOPER when requested as work progresses, but not more frequently than once per month. Adherence to the work schedule identified in Section H will be required, unless modified in writing by the parties. Reimbursement will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Slats., otherwise known as the "Florida Prompt Payment Act ". 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 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 form Exhibit "C ". The progress reports shall be used as an additional basis for HHS's approval of invoices, etc. for reimbursement. K. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY INDICATORS DECENT HOUSING Affordability through the Construction of new Number of new creation of fifty -five (55) rental housing units. affordable rental rental housing units. housing units built (55). Big Cypress Housing Corporation Page 22 of 26 2007 -HOME Construction/ Fire Sprinklers CHDO Set -Aside Agreement 16D28 EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Biu Cypress (lousing Corporation Subrecipient Address: 19308 SW 380 °i 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: HM07- Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 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) $ 250,000 I certify that this request for reimbursement has been drawn in accordance with the terns and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Reimbursement is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor Dept Director Big Cypress Housing Corporation 2007 -HOME Construction/ Fire Sprinklers CHDO Set -Aside Agreement Date (approval authority under $14,999) (approval required $15,000 and above) Page 23 of 26 16 28 "ATTACHMENT A" BIG CYPRESS HOUSING CORPORATION (2007 HOME CHDO 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 ZO°i o the following month. Status Report for Month of Date: Project Name Reserve at Eden Gardens for fifty -five rental units Project Number HM07- Activity Number DEVELOPER: Big Cypress Housing Corporation Contact Person Steve Kirk, President Telephone: 305- 242 -2142 Fax: 305 -2 42 -2143 E-mail: kirknet�q yal tw.com t. 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. New leases executed this month (if applicable): Big Cypress Housing Corporation Page 24 of 26 2007 -IIOME Construction/Fire Sprinklers CHDO Set -Aside Agreement Name of Applicant 16DZ8 Security Deposit I Utility Deposit 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number o % 'beneficiaries in the blank space and in box "l. INCOME Of the households or persons assisted, are extremely low - income income (0 -30 %) of the current Median Family Income (MFI). Enter 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, are low - income (51 -80 %) of the current Median Family Income (MFI). Enter this number in box "4. - NOTE: The total of'boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box 5 " below. BOX BOX BOX BOX BOX5 Total Number of Exlremely Very Low Inconle Female Head of Households or Persons Low Income Low Income (51 -RO %) Household Assisted (0 -3n ° %) (3I -50 %) Big Cypress Housing Corporation Page 25 of 26 2007 -HOME Construction/ Fire Sprinklers CHDO Set -Aside Agreement o 1 DEVELOPER 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 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. S. 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: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation "Cable 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: Big Cypress Housing Corporation Page 26 of 26 2007 -FIOME Construction/ Fire Sprinklers CHDO Set -Aside Agreement ORTOIACCOMPANY ALL ORIGINAL DOCUMENTS SENT TOLIP 1 6 U 2 9 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed muting slip and original documents are to be forwarded to the Board Once only A&[ the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the �a..n nrthn r`haivn % sianatum_ draw a line through routine lines #1 through #4. corrolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 1 Ravi had A Ma �n (Initial ) Applic able 2. J S $cC Agenda Item Number 16D29 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Sub - Recipient Agreement Number of Original 2 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stair for additional or missing information. All original documents needing the BCC Chairman's signature are to he delivered to the BCC office only after the BCC has acted to approve the it. m Name of Primary Staff Sandra Marrero Phone Number 252 -2399 Contact appropriate. (Initial ) Applic able Agenda Date Item was 11/13/07 Agenda Item Number 16D29 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Sub - Recipient Agreement Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial ) Applic able 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from J �- contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the jJ document or the final negotiated contract date whichever is applicable. X 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be war of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes p made during the meeting have been incorpora d i the attached document. The County Attorney's Office has reviewed the changes, if applicable. C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM 1 6 D 2 9 Date: November 14, 2007 To: Frank Ramsey, SHIP Program Coordinator Housing & Human Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Sub - Recipient Agreement — Fun Time Early Childhood Academy, Inc. Enclosed please find one original of the above referenced document, (Agenda Item #16D29), approved by the Board of County Commissioners on Tuesday, November 13, 2007. The Minutes and Records Department has retained one original document for the official records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure AGREEMENT BETWEEN COLLIER COUNTY 1 6 D 2 9 AND FUN TIME EARLY CHILDHOOD ACADEMY, INC. SITE PREPARATION Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 07 -UC -12 -0016 THIS AGREEMENT, is 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 5"' Avenue North, Naples, Florida 34102, and its Federal Tax Identification number as 59- 1039978, hereinafter referred to as the "SUBRECIPIENT" effective July 1, 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 undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood /community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2007 -2008 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan— Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2007 -2008 for the CDBG Program with Resolution 2007 -101 on April 24, 2007, including the use of this standard form Agreement; and Fun Time Early Childhood Academy Page 1 of 24 Site Preparation 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 SUBRECIPIENT desire to provide the activities specified in Exhibit A of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. DEFINITIONS (1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "HHS" means the Housing and Human Services Department of Collier County. (4) "SUBRECIPIENT" means FUN TIME EARLY CHILDHOOD ACADEMY. (5) '`HHS Approval" means the written approval of the Housing and Human Services or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit `B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. 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 undertaken Fun Time Early Childhood Academy Page 2 of 24 Site Preparation 16D29 and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 15, 2008. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) for the services described in Exhibit "A." In the event the project costs exceed the stated amount, the SUBRECIPIENT shall be responsible for the excess. All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Housing & Human Services at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO 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 HHS or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHS or designee within forty -five (45) days of said official notification. Fun Time Early Childhood Academy Page 3 of 24 Site Preparation 16D29 B. COMPLIANCE WITH LOCAL 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, I. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of 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 Fun Time Early Childhood Academy Page 4 of 24 Site Preparation 1629 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. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 1 1246 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 -102. 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 foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. Fun Time Early Childhood Academy Page 5 of 24 Site Preparation 16D29 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 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 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 HHS 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. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make Fun Time Early Childhood Academy Page 6 of 24 Site Preparation 16 D 29 a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. This signs construction utilizes a minimum conventional 4'X8" plywood back panel and other conventional construction materials and methods. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be 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. 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. 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. 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. 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 § 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 granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. Fun Time Early Childhood Academy Page 7 of 24 Site Preparation 1629 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $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 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 HHS, 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. 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 REQUIREMENTS A. FINANCIAL MANAGEMENT Fun Time Early Childhood Academy Page 8 of 24 Site Preparation 16D29 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 1. The SUBRECIPIENT shall maintain all records required by the CDBG Federal Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the 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 SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to Housing & Human Services using Exhibit "C. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross- referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, 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. Fun Time Early Childhood Academy Page 9 of 24 Site Preparation E. 16D29 Housing & Human Services shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by HHS, the COUNTY, or HUD at any time. 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 S 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 CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HHS, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HHS, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any 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 -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 SUBREC[PIENT'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 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. Fun Time Early Childhood Academy Page 10 of 24 Site Preparation 16D29 4 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 -110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG 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. 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 REQUIREMENTS 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. 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 Fun Time Early Childhood Academy Page 1 I of 24 Site Preparation 129 this Agreement. To the maximum extent feasible these small business and minority /women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification 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. 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 of HHS by HUD. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHS or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of 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 Fun Time Early Childhood Academy Page 12 of 24 Site Preparation 16B29 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: 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 undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 1. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: Fun Time Early Childhood Academy Page 13 of 24 Site Preparation L 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 (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 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. 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. Fun Time Early Childhood Academy Page 14 of 24 Site Preparation 1629 XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non - expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(6)(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. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -three (24) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. Fun Time Early Childhood Academy Page 15 of 24 Site Preparation 16 D 29 XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS THEREOF, the parties hereto have caused this 24 page agreement to be executed by their undersigned officials as duly authorized effective the l st day of July, 2007. (SUBRECIPIENT SEAL) (Optional) "4 ATTT' ` DMGHT .. E:-'8ROCK, CLERK Byy ` V� Attest a or 0 aelpuni nCjerk si90aty! onlq'. form and atzkow County Attorney FUN TIME EARLY CHILDHOOD ACADEMY BY: J G/lti.a �r PETER MANION, CO -CHAIR BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: 4�2 11117, /W JA S COLETTA, CHAIRMAN Fun Time Early Childhood Academy Page 16 of 24 Site Preparation 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 12`" Street North, Naples, FL, to be completed by June 2008. B. PROJECT SCOPE: The purpose of this funding is for site development of a parcel of land to support the construction of a 7,708 square foot modular unit which will house Fun Time Early Childhood Academy, Inc. This includes lot fill, site preparation (including any costs associated with Site Work, Paving, Utilities, Site Clearing, Grading, Drainage, Site Civil Engineering Services, Permits, Landscaping, Storm Water Retention, Sewer Lines, Site 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 agreement. b. Posting of visible signage at the work site identifying the funding source as mentioned in section V[I part F. c. Submission of request for payment along with supporting documentation for payment of services. No work can be initiated until all contract documents are submitted and the contractors are certified as not being debarred. d. Shall obtain a minimum of three bids for the work to be conducted, as well as provide the Housing and Human Services Department with a copy of contracts, which will include main contractor and sub - contractor information. We need documentation explaining the bid process, a copy of bid opening minutes, and a copy of the bid award letter. e. Once the building is complete it will be required that the sub - recipient provide proof of insurance including flood insurance to HHS within 90 days. Non receipt of insurance will be considered a breach of this agreement. NOTE L 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 Page 17 of 24 Site Preparation 16020 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 TOTAL PROJECT COST CDBG Funds Other (CDBG Funds) (Matching Funds) $250,000.00 $1,972,000.00 $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 the forfeiture of future CDBG funds. Cep H. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Milestone Deadline 100% of Project Complete June 15, 2008 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. 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 Page 18 of 24 Site Preparation which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "C ". The progress reports shall be used as an additional basis for HHS's approval of invoices, etc. for payment. [. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY INDICATORS Suitable Living Environment Sustainability Public Facility Number of Persons Using Facility J. K. COMPENSATION: The County shall pay the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports. 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 ". Fun Time Early Childhood Academy Page 19 of 24 Site Preparation EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Fun Time Early Childhood Academy, Inc. Subrecipient Address: 1010 5"' Avenue North, Naples, FL 34102 Project Name: Public Facility Improvements — Infrastructure Project No: Payment Request # Dollar Amount Requested: S SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 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) 1629 S 250,000 S I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Dept Director Fun Time Early Childhood Academy Site Preparation Date (approval authority under S 14,999) (approval required $15,000 and above) Page 20 of 24 16029 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Human Services staff by the l x' of the following month. Status Report for Month of Project Name Fun Time Early Childhood Academy Site Prep Project Number Date: Activity Number Subrecipient: Fun Time Early Childhood Academy Contact Person Peter Manion Co -Chair Telephone: 239 -513 -1098 Fax: E -mail: manionplLtvcomcast.net 1. Activity Status /Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and 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 Academy Page 21 of 24 Site Preparation 6. New contracts executed this month (if applicable): Name of Contractor or Amount Contractor Race Ethnicity Subcontractor, Address & of Federal (see (see Phone Number Contract ID definitions definitions Number on following on following page) page) 7. For projects that serve a particular clientele please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may�provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in box l INCOME Of the households or persons assisted, are extremely low - income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box "2. Of the households or persons assisted, are very low- income (31 -50 %) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, are low - income (5 t -80 %) of the current Median Family Income (MFI). Enter this number in box "4. " NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD Fun Time Early Childhood Academy Page 22 of 24 Site Preparation 16929 This project assisted Female Head of Households REGARDLESS of income. Enter this number in box °5 " below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number Extremely Very Low Income Female Head of Households Low Income Low (51 -80 %) of Household or Persons Assisted (0 -30 %) Income (31 -50 %) 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 of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: Fun Time Early Childhood Academy Page 23 of 24 Site Preparation 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 Ethnicity 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: Fun Time Early Childhood Academy Page 24 of 24 Site Preparation ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7 Z 3 0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO -L Q THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only lfSSt the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in muting order) Office Initials Date 1. ty,o K fgm5w S614 Initial 11 13 0� 2.tkw a s `ACC, Agenda Item Number 16D30 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Sub - Recipient Agreement Number of Original 2 S. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who cmated/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only alter the BCC has acted to approve the item.) Name of Primary Staff Sandra Marrero Phone Number 252 -2399 Contact appropriate. Initial Applic able Agenda Date Item was 11/13/07 Agenda Item Number 16D30 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Sub - Recipient Agreement Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applic able 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from T— contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Beard and possibly State Officials. 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. t 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain (- time frame or the BCC's actions are nullified. Be ware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporalM lin the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16030 MEMORANDUM Date: November 14, 2007 To: Frank Ramsey, SHIP Program Coordinator Housing & Human Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Sub - Recipient Agreement — Immokalee Non - Profit Housing, Inc. Enclosed please find one original of the above referenced document, (Agenda Item #16D30), approved by the Board of County Commissioners on Tuesday, November 13, 2007. The Minutes and Records Department has retained one original document for the official records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure AGREEMENT BETWEEN COLLIER COUNTY 16030 ff`►i7 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 of the 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 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 Subgrant Agreement; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Disaster Recovery Initiative (DRI) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed Immokalee on- ro it Housing Hurricane Hardening Page 1 of 23 by the Parties as follows: I. (1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "HHS" means the Housing and Human Services Department of Collier County. (4) " SUBRECIPIENT" means Immokalee Non - Profit Housing, Inc. (INPH) (5) "HHS's Approval" means the written approval of the Housing and Human Services Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". (9) "DRI" means Disaster Recovery Initiative Program (10) "DCA" means Florida Department of Community Affairs II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the 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 part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by DCA under Agreement No. 07DB- 3V- 09- 21 -01 -Z O1. 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 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 mo a ee on- ro it Housing Hurricane Hardening Page 2 of 23 16030 All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. COUNTY is bound by the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed by the State of Florida and COUNTY to require SUBRECIPIENT to acknowledge the following, as applicable: 1. SUBRECIPIENT acknowledges that it will adhere to all applicable terms of the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed between the State of Florida and COUNTY as outlined in Attachment A: Program Guidelines; 2. 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. 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 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. Immokalee Non-Profit Housing Hurricane Hardening Page 3 of 23 16D30 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 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. mmo a ee on- ro rt Housing Hurricane Hardening Page 4 of 23 16D30 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 with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. 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 foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 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 the disadvantaged. 32. Chapter 403.7065, Florida Statues - which refers to the procurement of products or materials with recycled content. 33. Chapter 39.201, Florida Statutes - that any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare, as defined in immokalee Non-Prot-it Housing Hurricane Hardening Page 5 of 23 16B30 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 of lobbying 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 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 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 authorized. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, pay, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's mmo a ee Non-Profit Housing Hurricane Hardening Page 6 of 23 16D30 fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBREC PIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHS, State and Federal support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction 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 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. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD or DCA specifies. Immokalee on- ro it Housing Hurricane Hardening Page 7 of 23 16030 H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 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 § 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 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 § 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 agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The 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, Employees, 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. mmo a ee on- ro it Housing Hurricane Hardening Page 8 of 23 16D30 L 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 REQUIREMENTS 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 The SUBRECIPIENT shall maintain all records required by the CDBG Federal Regulations. 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 SUBRECIPIENT 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 of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to HHS using Exhibit "C ". The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. mo a ee Non-Profit Housing Hurricane Hardening Page 9 of 23 D. REPORTS, AUDITS. AND EVALUATIONS E. 16D30 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. 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 DRI 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 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 -110 (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 mo a ee on- ro tt Housing Hurricane Hardening Page 10 of 23 16030 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 -110 (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. 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 REQUIREMENTS 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. Immokalee on- ro rt Housing Hurricane Hardening Page 11 of 23 Ll 16D3p 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. 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 perform hereunder, have not been placed on the convicted vendor list mmo a ee Non-Profit Housing Hurricane Hardening Page 12 of 23 16J30 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 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 undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 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. 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 mmo a ee Non-Prolit Housing Hurricane Hardening Page 13 of 23 16030 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 (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 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 terns and requirements of applicable law. Immokalee on- ro rt Housing Hurricane Hardening Page 14 of 23 16D30 XIL 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). XIIL 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. Inimokalee Non-Profit Housing Hurricane Hardening Page 15 of 23 16D30 XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS THEREOF, the parties hereto have caused this 23 page agreement to be executed by their undersigned officials as duly authorized effective the 23d day of May, a rofit Housing, Inc. BY: . L ROO -, V SEE C,K k1A , S41i (SUBRECIPIENT SEAL) SHERYL SOUKUP, EXECUTIVE DIRECTOR ATTEST:;. DWIGHTE. BROCK,'&ERK �2 OR 'Ice� � - erk t e ,PatriciaY aNp4u AtteSt &S signature 0014 and County Attorney mmo a ee on- ro it Housing BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY IV, 3 jAKIES COLETTA, CHAIRMAN Hurricane Hardening Page 16 of 23 16030 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, 100% payment bond and 100% performance bond for any contract that exceeds $100,000. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. The SUBRECIPIENT shall obtain HHS's approval prior to awarding the construction contract to be funded through this agreement. The SUBRECIPIENT shall submit the name of the contractor to ensure the business is not federally debarred. After awarding such contract the 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. Immokalee Non-Profit Housing Hurricane Hardening Page 17 of 23 16030 Posting of visible signage at the work site identifying the 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. 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: Hurricane Hardening Line Item: DRI Funds Other (INPH) High impact windows, fencing, permits, Other eligible associated costs, and $622,500 $51,000 Administrative /project costs $ 41,500 Covered under CFR Part 570, Subpart C and J TOTAL PROJECT COST $715,000 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 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 of future CDBG/HOME /SHIP/DRI funds. G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HH& 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 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. L DAVIS -BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis -Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis -Bacon wage decision and disclose the requirements of the Davis - Bacon Act in its construction bid solicitation and sub - contract(s). mmo a ee Non-Profit Housing Hurricane Hardening Page 18 of 23 Task End Date 100% completion Aril, 2009 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HH& 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 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. L DAVIS -BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis -Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis -Bacon wage decision and disclose the requirements of the Davis - Bacon Act in its construction bid solicitation and sub - contract(s). mmo a ee Non-Profit Housing Hurricane Hardening Page 18 of 23 16D30 COMPENSATION: The County shall pay the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports. 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 ". mmo a ee Non-Profit Housing Hurricane Hardening Page l9 of 23 EXHIBIT `B" 16D30 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 Dollar Amount Requested: Grant Amount Awarded Payment Request # STATUS OF FUNDS 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) $ 664,000.00 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 Title Authorizing Grant Coordinator Dept Director Immokalee Non-Profit Housing Date (approval authority under $14,999) (approval required $15,000 and above) Hurricane Hardening Page 20 of 23 30 EXHIBIT ��C" 1630 DRI MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the 10`h of the following month. Status Report for Month of Submittal Date: Project Name Project Number DRI 05 -05 Activity Number Subrecipient: Contact Person Telephone: (239) E -mail: Fax: (239) 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. mmo a ee on- ro it Housing Hurricane Hardening Page 21 of 23 16J30 6. New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) Total Number of Extremely Very I.ow Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in box `7. " INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low- income (31 -50 %) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, are low- income (51 -80 %) of the current Median Family Income (MFI). Enter this number in box "4. " NOTE. The total of boxes 2,3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5 " below. BOX BOX BOX BOX BOX Total Number of Extremely Very I.ow Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household Assisted (0 -30%) (31 -50%) Immokalee on- ro It Housing Hurricane Hardening Page 22 of 23 16D30 Subrecivients 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 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 Table of Race and Ethnicity 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/Af ican American Other Multi - Racial TOTAL: mmo a ee on- ro it Housing Hurricane Hardening Page 23 of 23 Return to Frank Ramsey Housing & Human Services 3301 E. Tamiami Trail Naples, FL 34112 File# 07- 105 -IF 4095539 OR: 4302 PG: 3246 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/14/2007 at 02:0OPH DWIGHT B. BROCK, CLERK BBC FEE 35,50 COPIES 4.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 7240 This space for recording 16D31 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS rice oubp w This Agreement is entered into this u day of 4titt-im, 200 7, between Collier County, a political subdivision of the State of Florida (COUNTY) and Marco Bay Homes, LLC. (BUILDER) 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 Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit `B," the amount of the deferred impact fees is Nineteen Thousand Two Hundred Seventy Three and 98/100 Dollars ($19,273.98). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any 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 after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page 1 of.2' *i _44_ 16031 OR; 4302 PG; 3247 declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT, e. BROCK, Clerk B A St aS to C9►e ~AClerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ZZ lq- AMES COLETTA, "Chainnat BUILDER, Marco Bay Homes, LLC By: Print Name: Don W 'ciechowski Title: STATE OF FLORIDA COUNTY OF COLLIER �" The for ° oi>}g.ins men was acknowledged before me thi day of QGTTI 2007, by T for Marco Bay Homes LLC., who is personally known to me or ha oduced as identification. _<::Z_ - n [NOTARIAL SEAL] Ignature of Notary Pub (ic) NOTARY PUBUOSTATE OF FLORIDA Barbara J. Sanborn T ®7j commiselon # DD395195 (Print Nampo Notary Public) Explresi FEB. 09, 2009 Bonded TLru Atlnndc Bonding Co. Inc. Wit e es: D Investments, LLC. Print Name A�', By: Print Na e: T p o�/�Til Ci L�AMr/L� Title: C� Print Name �jFtiy,NaFQ GIF(A- jGy STATE OF r \ COUNTY OF( 1c The foregoing instru ent was acknowledged before me this 1 day of CX�r,- 2007, by a p Dhm: for CDJ Investments, LLC., who is personally kn� to me or has prod ced asi4layltif cation. _N, - I - -- [NOTARIAL SEAL] ALISrA PACHECO ,y Pusuc • Bute of FloNU t CommM'�' EXON AW 2t, 20C M E DD 633921 CgAmMew�!. �..wwAel A Name Page 2 ofd' 3 414,_ legal Jeffrey County Attorney W; IBC %P&MR1,1] Recommend approval: Mar4 Krumbine, irector of Housing & Human Services Page 3 ofd" 2; -p- 1631 * ** OR: 4302 PG: 3249 * ** EXHIBIT "A" LEGAL DESCRIPTION "" •L The West 75' of the East 150' of Tract 23, Unit 47, Golden Gate Estates, according to plat thereof recorded in Plat Book 7, Page 32, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee L Law Enforcement Impact Fee TOTAL IMPACT FEES JAK Approved _/_/_ Amount Owed $100.59 $112.68 $460.23 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 $19,273.98 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j% 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE �/ Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. 'ihe completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through 44 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the ,.a,.r:,.., ,.f rhn draw s line thrnnnh rrvtinn lines 41 through 44. complete the checklist. and forward to Sue Filson (line 05). Route to Addressee(s) (List in routing order) Office Initials Date 1.Frank Ramsey Housing and Human Service J7- 11/13/07 2. Chairman James Coletta BCC Agenda Item Number 16D _ gZ 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee Deferral Agreement Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403 -2336 Contact Human Services (Initial) Applicable) Agenda Date Item was 11/13/2007 Agenda Item Number 16D _ gZ Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is ap licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's / signature and initials are required. / 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to Frank Ramsey Housing & Human Services 3301 E. Tamiami Trail Naples, FL 34112 File# 07- 104 -IF 4095540 OR: 4302 PG: 3250 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11(1412007 at 02:00PW DWIGHT E. BROCK, CLERK RIC FEE 35,50 COPIES 4.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EKT 7240 6 This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS ?�"z o 20✓ This Agreement is entered into this day of 200 7, between Collier County, a political subdivision of the State of Florida (COUNTY) and Marco Bay Homes, LLC. (BUILDER) 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 Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Two Hundred Seventy Three and 98/100 Dollars ($19,273.98). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any 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 after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page 1 of,2 3 ,9yL OR: 4302 PG: 325 6 declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the ,IZa1F1 w IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT•o, BROCK, Clerk Ct3t. fit: to Chat)q"ysClerk signature -. oil l . Witnesses: BOARD OF COUNTY COMMISSIONERS COLLIER COU iTY, FL ID By: , 11111490 JAMES COLETTA, Chairman BUILDER, Marco Bay Homes, LLC Print Name: Don Vjciechowski Title: Vnur c7 P" STATE OF FLORIDA COUNTY OF COLLIER //��,, /I The foregoing instrument was acknowledged before me this day of Ott 12007, by In 2*% k & as for Marco Bay Homes LLC., who is personally known to me o as produced rL - ( Q ►� (a 92.,N was identification. �7 f _ c—� ,. [NOTARIAL SEAL] 3Y PUBLIC J . r Barbara J. $aiii Commission ♦ 1)1)3t y FXpires: FEB. ()9. 2, (Pr ,,,, - , Atlantic Bond;n.,,.. of Notary Name Print CDJ Investments, LLC. 51 p:5� I NOTARY PUBUC -STATE OF nORIDA v Barbara J. Sanborn STATE OF l� ✓I G Commission # DD395195 Expires: FEB. 09, 2009 COUNTY OF \ Bonded Thru Atlantic Bonding Co, inn. The foregoing instru was acknowledged before me this `� day oi'��c _ 2007, by- $�C 'j) ,25 la�s��p,rNX, for CDJ Investments, LLC., who is personally known to me or has produced as iden ' ation. [NOTARIAL SEAL] (Signature of 1,,foVry Public) �pxuw AUWAGANIAMpM!W l MOWy V,.IIa . aMN d FM11M C c , ew�' (Print Name of Notary Public) 's? Conanis e s 00: 'fell. ap,0107ba�,/lrmn*No" Page 2 ofx3 0 OR: 4302 PG: 3252 Ap ove Wn. d Recommend approval: leg of 6 J Jeffrey cow a cy Krumbin irector of Managi , As istant County Attorney Housing & Human Services Page 3 ofd' 3 * ** OR: 4302 PG: 3253 * ** EXHIBIT "A" 1 6 3 2 LEGAL DESCRIPTION The East 75 feet of the East 150 feet of Tract 40, Unit 79, Golden Gate Estates, according to the plat thereof recorded in Plat Book 5, Page 17, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee L Law Enforcement Impact Fee TOTAL IMPACT FEES JAK Approved _/_/_ Amount Owed $100.59 $112.68 $460.23 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 $19,273.98 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP1 6 D 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink papa. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only Alin the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in muting order Office Initials Date 1. M lit 9AMS In nta SP.Nr S Initial) tl 3 2 .,hAUMAVI lot eBCL Agenda Item Number 16D33 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Sub - Recipient Agreement Number of Original 2 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item) Name of Primary Staff Sandra Marrero Phone Number 252 -2399 Contact appropriate. Initial) Applic able Agenda Date Item was 11/13/07 Agenda Item Number 16D33 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Sub - Recipient Agreement Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forts/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial) Applic able 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's -I Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si lure and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip s should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be a e of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporatkH ila the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forts/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 a b 33 MEMORANDUM Date: November 14, 2007 To: Frank Ramsey, SHIP Program Coordinator Housing & Human Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Sub - Recipient Agreement — Empowerment Alliance of Southwest Florida Enclosed please find one original of the above referenced document, (Agenda Item #16D33), approved by the Board of County Commissioners on Tuesday, November 13, 2007. The Minutes and Records Department has retained one original document for the official records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure 16 B33 AGREEMENT BETWEEN COLLIER COUNTY AND EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA HATCHER'S PRESERVE 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 "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 Subgrant Agreement; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Disaster Recovery Initiative (DRI) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: Empowerment Alliance of out west Florida Hatcher's Preserve Page 1 of 23 16D33 I. DEFINITIONS (1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "HHS" means the Housing and Human Services Department of Collier County. (4) ` SUBRECIPIENT" means The Empowerment Alliance of SW Florida Community Development Corporation (5) "HHS's Approval" means the written approval of the Housing and Human Services Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". (9) "DRI" means Disaster Recovery Initiative Program (10) "DCA" means Florida Department of Community Affairs II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the 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 the 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 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 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 Empowerment lance or out west Florida Hatcher's Preserve Page 2 of 23 16D33 All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. COUNTY is bound by the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed by the State of Florida and COUNTY to require SUBRECIPIENT to acknowledge the following, as applicable: 1. SUBRECIPIENT acknowledges that it will adhere to all applicable terms of the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed between the State of Florida and COUNTY as outlined in Attachment A: Program Guidelines; 2. 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. 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 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. Empowerment Alliance of out west Florida Hatcher's Preserve Page 3 of 23 16D33 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 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. Empowerment Alliance of out west Florida Hatcher's Preserve Page 4 of 23 16 1,3 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti- Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. 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 foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 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 the disadvantaged. 32. Chapter 403.7065, Florida Statues - which refers to the procurement of products or materials with recycled content. 33. Chapter 39.201, Florida Statutes - that any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare, as defined in Empowerment Alliance of Southwest Flora a Hatcher's Preserve Page 5 of 23 1633 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 of lobbying 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 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 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. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the Empowerment Alliance of out west Florida Hatcher's Preserve Page 6 of 23 16 ' f performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHS, State and Federal support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction 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 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. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD or DCA specifies. Empowerment lance of ou west Florida Hatcher's Preserve Page 7 of 23 16D33 H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 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 § 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 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 § 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 agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 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, Employees, 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. Empowerment Alliance of out west Florida Hatcher's Preserve Page 8 of 23 16333 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 REQUIREMENTS 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 The SUBRECIPIENT shall maintain all records required by the CDBG Federal Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the 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 SUBRECIPIENT 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 of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to HHS using Exhibit "C ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. Empowerment Alliance of ou west Florida Hatcher's Preserve Page 9 of 23 .1617)33 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 DRI 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 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 -110 (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 home by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A -133 (Audits of State, Local Governments, and Empowerment Alliance of out west Florida Hatcher's Preserve Page 10 of 23 16333 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 -110 (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 REQUIREMENTS 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. Empowerment lance o ou west on a Hatcher's Preserve Page 1 I of 23 1633 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. 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 perform hereunder, have not been placed on the convicted vendor list Empowerment Alliance of Southwest Florida Hatcher's Preserve Page 12 of 23 ry �`j33 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 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 undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 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. 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 Alliance of-Southwest on a Hatcher's Preserve Page 13 of 23 33 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 (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 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. 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 Alliance -of-Southwest Flonda Hatcher's Preserve Page 14 of 23 XIL 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 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 Florida Hatcher's Preserve Page 15 of 23 �„yFYj XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS 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. (SUBRECIPIENT SEAL) ATTEST: L4YIGHT E. BROCK, CLERK Q Patricia Morgan, Deput Clerk t" t p yy KtUtst es a C1s�4rgiR s S gnat fit! Qlti Apprr ed to orm and legal ff& Jeffrey County Attorney THE EMPOWERMENT ALLIANCE OF SW FLORIDA COMMUNITY DEVELOPMENT CORPORA_ TIO F) BY- E WARD R. OLESI RM N BOARD OF COUNTY COMMISSIONERS OF COLLIER CO NTY, FLORIDA BY MES COLETTA, CHAIRMAN Empowerment Alli-a-n—ce-of SoTt west ort a Hatcher's Preserve Page 16 of 23 16D33 EXHIBIT "A" 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 SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. The SUBRECIPIENT shall obtain HHS's approval prior to awarding the construction contract to be funded through this agreement. The SUBRECIPIENT shall submit the name of the contractor to ensure the business is not federally debarred. After awarding such contract the SUBRECIPIENT shall submit bid minutes to HHS. HHS's approval is required prior to executing any change orders to such contract. NOTE 4: The 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. Submission of documentation of Match Funds listed under Budget in Section B prior to submittal of first Request for Payment form. Empowerment Alliance ot Southwest Florida Hatcher's Preserve Page 17 of 23 16D33 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: Hatchers Preserve Line Item: DRI Funds Other Land Acquisition $ 272,000 Site Work $ 374,000 Infrastructure $ 59,001 Landscaping, potable water distribution, Storm drainage, wastewater collection, Paving, earthwork, site prep $337,545 Administrative /project costs $37,000 covered under CFR 570 Subpart C and J. Subtotal Infrastructure $ $ 59,001 Construction $ $ 2,145,000 Architectural design/Engineering $ 75,000 Other $ 300,055 TOTAL PROJECT COSTS $374,545 $3,599,601 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/HOME /SHIP funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG/HOME /SHIP/DRI funds. G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Task End Date Work completion April 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 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 of Southwest Florida Hatcher's Preserve Page 18 of 23 16D33 [. DAVIS -BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis -Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis -Bacon wage decision and disclose the requirements of the Davis - Bacon Act in 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 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 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 Alliance of out west Florida Hatcher's Preserve Page 19 of 23 EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT Disaster Recovery Initiative Subrecipient Name: Empowennent Alliance of Southwest Florida (EASF) Subrecipient Address: 750 South Fifth Street, Immokalee, FL 34142 Project Name: Hatcher's Preserve Project No: DR[ 05 -02 Payment Request # Dollar Amount Requested: S STATUS OF FUNDS Grant Amount Awarded 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 1 6D $ 374,545.00 S S S S 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 Dept Director (approval authority under S 14,999) (approval required $15,000 and above) Empowerment Alliance of out west Florida Hatcher's Preserve Page 20 of 23 16D33 EXHIBIT "C" DRI MONTHLY PROGRESS REPORT Complete form, %or past month and submit to Housing &Human Service's staff by the !e of the following month. Status Report for Month of Project Name Project Number DR[ 05 -02 Activity Number Subrecipient: _ Contact Person Telephone: (23 E -mail: Fax: Date: L Activity Status /Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have 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. mpowerment Alliance of out west Florida Hatcher's Preserve Page 21 of 23 1633 6. New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) Total Numberor Extremely Very Lo" Income Fcmele[lead or Householdsor Persons Low Income Low Income (51- ROulol Household 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). F,nter the number of beneficiaries in the blank space and in box " L " INCOME Of the households or persons assisted, are extremely low - income income (0 -30 %) of the current Median Family Income (MFI). Enter 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, are low - income (51 -80 %) of the current Median Family Income (MFI). Enter this number in box "4. " NOTE: The total of boxes 2, 3 and 4 should equal the number in box L. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box 5 " below. BOX BOX BOX BOX Boxy Total Numberor Extremely Very Lo" Income Fcmele[lead or Householdsor Persons Low Income Low Income (51- ROulol Household Assisted (0 -30 %I (31 -50"") Empowerment Alliance of out west Florida Hatcher's Preserve Page 22 of 23 SubreciDients must indicate total beneficiaries for Race AND Ethnicity 1bfl33 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 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: 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 Ethnicity 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: Empowerment Alliance ot Southwest Florida Hatcher's Preserve Page 23 of 23 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP l 6 D 3 /, TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO !� THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only at& the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines 41 through #4, comolete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) List in muting order Office Initials Date 1. `W04 90AS V%01, kwswe,_ Initial q13163- 2, ChaI`(Mtn J wm I Agenda Item Number -cC Approved b y the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Type of Document Sub - Recipient Agreement 4. 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from 5. Sue Filson, Executive Manager Board of County Commissioners contracts, agreements, etc. that have been fully executed by all patties except the BCC 6. Minutes and Records Clerk of Court's Office Chairman and Clerk to the Board and possibly State Officials.) PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Printery contact infortnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Sandra Marrero Phone Number 252 -2399 Contact appropriate. Initial Applic able Agenda Date Item was 11/13/07 Agenda Item Number 16D34 Approved b y the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Sub - Recipient Agreement Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Fortis/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applic able 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all patties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 7 "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time fume or the BCC's actions are nullified. Be rag of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporaiidd 11h the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Fortis/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Date: To: From: Re: MEMORANDUM November 14, 2007 Frank Ramsey, SHIP Program Coordinator Housing & Human Services Department Teresa Polaski, Deputy Clerk Minutes & Records Department Sub - Recipient Agreement — City of Naples Enclosed please find one original of the above referenced document, (Agenda Item #16D34), approved by the Board of County Commissioners on Tuesday, November 13, 2007. 16D34 The Minutes and Records Department has retained one original document for the official records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure r J 16D34 AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES RIVER PARK & FUN TIME IMPROVEMENTS Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 06 -UC -12 -0016 THIS AGREEMENT, is made and entered by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and "THE CITY OF NAPLES.," a private not - for -profit corporation existing under the laws of the State of Florida, having its principal office at 735 Eighth Street South Naples, Florida 34102 -6796, and its Federal Tax Identification number as 59- 6000382 , hereinafter referred to as "SUBRECIPIENT," effective July 1 s'2006. WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood /community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2006 -2007 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001 and April 25, 2006; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2006 -2007 for the CDBG Program by CITY OF NAPLES River Park & Fun Time Improvements Page 1 of 21 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2006 -2007 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit A of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. DEFINITIONS (1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "HHS" means the Housing and Human Services Department of Collier County. (4) "SUBRECIPIENT" means THE CITY OF NAPLES. (5) "HHS Approval" means the written approval of the Housing and Human Services Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". 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 hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the CITY OF NAPLES River Park & Fun Time Improvements Page 2 of 21 9I 3 Resolution 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 Year 2006 -2007 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit A of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. DEFINITIONS (1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "HHS" means the Housing and Human Services Department of Collier County. (4) "SUBRECIPIENT" means THE CITY OF NAPLES. (5) "HHS Approval" means the written approval of the Housing and Human Services Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". 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 hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the CITY OF NAPLES River Park & Fun Time Improvements Page 2 of 21 16J34 timely release of funds for this project by HUD under Grant No. B- 06 -UC -12 -0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 15, 2008 Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $116,079.00 for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO 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 AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any CITY OF NAPLES River Park & Fun Time Improvements Page 3 of 21 16D34 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. 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 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 CITY OF NAPLES River Park & Fun Time Improvements Page 4 of 21 16 34 by the Davis -Bacon Act. HUD Form 4010, which describes the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti - Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. 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 foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this CITY OF NAPLES River Park & Fun Time Improvements Page 5 of 21 163 4 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 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 HHS 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. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. 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 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. CITY OF NAPLES River Park & Fun Time Improvements Page 6 of 21 G. TERMINATION 16b34 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. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or 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. 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 § 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 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 § 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 agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier CITY OF NAPLES River Park & Fun Time Improvements Page 7 of 21 16J 3 4 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. 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 Officers, Employees, and Agents, c/o Housing and Human Services Department ". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the 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). 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. L 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 REQUIREMENTS 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 CITY OF NAPLES River Park & Fun Time Improvements Page 8 of 21 16D34 The SUBRECIPIENT shall maintain all records required by the CDBG Federal Regulations. 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 SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to Housing & Human Services using Exhibit "C ". The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, 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 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, or HUD at any time. F. PRIOR WRITTEN APPROVALS - SUMMARY CITY OF NAPLES River Park & Fun Time Improvements Page 9 of 21 1634 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 CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HHS, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HHS, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any 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 -110 (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 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 -110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG CITY OF NAPLES River Park & Fun Time Improvements Page 10 of 21 1634 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 REQUIREMENTS 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. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS 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 CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as CITY OF NAPLES River Park & Fun Time Improvements Page 11 of 21 ry 4 a 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 of HHS by HUD. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHS or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of 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 undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal CITY OF NAPLES River Park & Fun Time Improvements Page 12 of 21 16D34 contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned 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 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 (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 flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be CITY OF NAPLES River Park & Fun Time Improvements Page 13 of 21 16 3,6 obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. C. LEAD -BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD - assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead - based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non - expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. CITY OF NAPLES River Park & Fun Time Improvements Page 14 of 21 16034 XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -one (21) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. CITY OF NAPLES River Park & Fun Time Improvements Page 15 of 21 16D34 XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS THEREOF, the parties hereto have caused this 21 page agreement to be executed by their undersigned officials as duly authorized effective the 1 st day of July, 2006. (SUBRECIPIENT SEAL) Approved as to form and legal sufficiency: �v ROBERT D. PRITV, CITY ATTORNEY ATTEST: BY: TARA A. NORMAN, tITY CLERK and JEFFqT 4 KLATZKOW ASSISTIKNT COUNTY ATTORNEY NAPLES CITY OF ' :i : •. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TANC COLETTA, CHAIRMAN ATTEST: DWIGHT E._ 8Ah9CK, CLEW - Depcatg tTerk Attest It to cmir1w ! signature oil e' • CITY OF NAPLES River Park & Fun Time Improvements Page 16 of 21 16D34 EXHIBIT "A" SCOPE OF SERVICES THE CITY OF NAPLES RIVER PARK & FUN TIME IMPROVEMENTS THE SUBRECIPIENT AGREES TO: A. PROJECT DESCRIPTION: The City of Naples proposes to: Make improvements within the Carver -River Park neighborhoods. This area falls within the census low- income census track. With this funding the City of Naples will purchase playground equipment, and install the equipment at Fun Time Early Childhood Academy's new facility located at 102 12`h Street North in the City of Naples. The second phase of this project will include the replacement, or reinforcement of rip rap as needed, along canals in the Carver /River park neighborhood. The final phase of this three phase project will be to install police surveillance equipment. This equipment will be installed in order to assist the Naples Police Department in reducing illicit drug trafficking activities in the Carver /River Park neighborhood located within the City of Naples. B. PROJECT SCOPE: The purpose of this funding: The purpose of this project is to provide improvements for the residents of the Carver /River Park neighborhoods within the City of Naples in Collier County. The Subrecipient will be responsible for the following: a. Submission of statistics of crime rate prior to installation of cameras, and submission of statistics of crime in the area where cameras were installed one year later. b. Submission of documentation of match funds listed under Budget in Section C provided within 30 days of execution date of agreement. c. Posting of visible signage at the work site identifying the funding source as mentioned in section VII part F. d. Submission of request for payment along with supporting documentation for payment of services e. Shall obtain a minimum of three bids for the work to be conducted, as well as provide HHS with a copy of contracts. All RFP's and contracts will include HUD form 4010 along with wage decision determined for projects, and comply with Davis Bacon. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings /specifications to HHS and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award CITY OF NAPLES River Park & Fun Time Improvements Page 17 of 21 1634 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: PROJECT NAME Line Item: Fun Time Early Childhood Academy playground equipment. River Park Canals -Rip Rap Surveillance Equipment Total CDBG Funds Other $62,079.00 $ $24,000.00 $30,000.00 (Match funds from City) $116,079.00 + $10,000.00 $126,079.00 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 the forfeiture of future CDBG funds. G I:A WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Milestone I Deadline 100% of project complete I 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. 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 CITY OF NAPLES River Park & Fun Time Improvements Page 18 of 21 16L3 which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "C ". The progress reports shall be used as an additional basis for HHS approval of invoices, etc. for payment. I. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY I INDICATORS SUITABLE LIVING ENVIRONMENT SUSTAINABLILITY PUBLIC FACILITY NUMBEROF PERSONS USING FACILITY K. COMPENSATION: The County shall pay the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports as identified in Section I. Payments shall be made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Adherence to the work schedule identified in Section H will be required, unless modified in writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act ". CITY OF NAPLES River Park & Fun Time Improvements Page 19 of 21 1634 EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: CITY OF NAPLES Subrecipient Address: 735 EIGHTH STREET SOUTH NAPLES, FL 34102 -6796 Project Name: RIVER PARK & FUN TIME IMPROVEMENTS Project No: Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 116,079.00 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) 7. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Dept Director Date (approval authority under $14,999) (approval required $15,000 and above) CITY OF NAPLES Raver Park & Fun Time Improvements Page 20 of 21 i� EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Human Services staff by the IO h of the following month. Status Report for Month of Project Name Project Number Subrecipient: Contact Person Telephone: (239) E -mail: Date: Activity Number Fax: (239) 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. CITY OF NAPLES River Park & Fun Time Improvements Page 21 of 21 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 fl TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only Afta the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excevtion of the Chairman's signature, draw aline throu h muting lines #1 throw #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in muting order Office Initials Date 1. Tr-m K- 4w Lej, hh5l' / 5 Initial u /13 v 2C I[ `T> Agenda Item Number 16D35 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Sub - Recipient Agreement Number of Original 2 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Sandra Marrero Phone Number 252 -2399 Contact appropriate. Initial Applicable) Agenda Date Item was 11/13/07 Agenda Item Number 16D35 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Sub - Recipient Agreement Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Formal Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's / �/ signature and initials are required. '� 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be ware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorpora ih the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Formal Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D35 MEMORANDUM Date: November 14, 2007 To: Frank Ramsey, SHIP Program Coordinator Housing & Human Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Sub - Recipient Agreement — Habitat for Humanity Enclosed please find one original of the above referenced document, (Agenda Item #16D35), approved by the Board of County Commissioners on Tuesday, November 13, 2007. The Minutes and Records Department has retained one original document for the official records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure AGREEMENT BETWEEN COLLIER COUNTY 16D35 \►117 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. INFRASTRUCTURE — KAICASA PHASE I Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 07 -UC -12 -0016 THIS AGREEMENT, is 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 Collier County, Inc., a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 11145 Tamiami Trail East, Naples, Florida 34113, and its Federal Tax Identification number as 59- 1834379, hereinafter referred to as "SUBRECIPIENT ", effective July 1, 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 undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2007 -2008 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001, and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2007 -2008 for the CDBG Program with Resolution 2007- 101 on April 24, 2007, including the use of this standard form Agreement; and Habitat for Humanity of Collier County, Inc. Page 1 of 23 Kaicasa Phase I Infrastructure 16035 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 SUBRECIPIENT desire to provide the activities specified in Exhibit A of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: DEFINITIONS (1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "HHS" means the Housing and Human Services Department of Collier County. (4) " SUBRECIPIENT" means Habitat For Humanity Of Collier County. Inc. (5) "HHS's Approval" means the written approval of the Housing and Human Services Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". 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 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 undertaken Habitat for Humanity of Collier County, Inc. Page 2 of 23 Kaicasa Phase I Infrastructure and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 15, 2008. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed ONE MILLION DOLLARS AND NO CENTS ($1.000,000.00) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Housing & Human Services at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO 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 AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any Habitat for Humanity of Collier County, Inc. Page 3 of 23 Kaicasa Phase I Infrastructure 16D35) 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. 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 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 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 Habitat for Humanity of Collier County, Inc. Page 4 of 23 Kaicasa Phase I Infrastructure 16 035 by the Davis -Bacon Act. HUD Form 4010, which describes the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti- Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. 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 foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Habitat for Humanity of Collier County, Inc. Page 5 of 23 Kaicasa Phase I Infrastructure 16D35 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 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. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHS in all publications and publicity. hi addition, the SUBRECIPIENT will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. This signs construction utilizes a minimum conventional 4'X8" plywood back panel and other conventional construction materials and methods. Habitat for Humanity of Collier County, Inc. Page 6 of 23 Kaicasa Phase I Infrastructure 16035 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. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 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. 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 § 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 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 § 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 agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier Habitat for Humanity of Collier County, Inc. Page 7 of 23 Kaicasa Phase I Infrastructure 16035 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 Employees 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. 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 REQUIREMENTS 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 Habitat for Humanity of Collier County, Inc. Page 8 of 23 Kaicasa Phase I Infrastructure 16D353 1. The SUBRECIPIENT shall maintain all records required by the CDBG Federal Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the 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 SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to Housing & Human Services using Exhibit "C ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS, AUDITS. AND EVALUATIONS E. 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. HHS shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by HHS, the COUNTY, or HUD at any time. Habitat for Humanity of Collier County, Inc. Page 9 of 23 Kaicasa Phase I Infrastructure 16035 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 CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HHS, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HHS, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any 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 -110 (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 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 -110 (Uniform Administrative Habitat for Humanity of Collier County, Inc. Page 10 of 23 Kaicasa Phase I Infrastructure 16D 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 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 REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE M 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. 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 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 Habitat for Humanity of Collier County, Inc. Page I 1 of 23 Kaicasa Phase I Infrastructure 16035 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's 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 of HHS by HUD. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHS or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of 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: Habitat for Humanity of Collier County, Inc. Page 12 of 23 Kaicasa Phase I Infrastructure 16D35 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 undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The 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 (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 Habitat for Humanity of Collier County, Inc. Page 13 of 23 Kaicasa Phase I Infrastructure 16D3 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. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non - expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). Habitat for Humanity of Collier County, Inc. Page 14 of 23 Kaicasa Phase I Infrastructure XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS 16D35 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. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -three (23) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. Habitat for Humanity of Collier County, Inc. Page 15 of 23 Kaicasa Phase I Infrastructure 16035 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 1 st day of July, 2007. (SUBRECIPIENT SEAL) ATTts'I'i" DWIGHT E. BROC , CLERK Patricia Mgrjan, Deputy Clerk Atte t 'as to Chainaa Si two oat g5 Approv rm and legal s 1 Jeffrey County Attorney HABITAT F A T OF COLLIER COUNT BY: SAMUEL J URSO, M.D., SIDENT BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: Wrilzap J S COLETTA, CHAIRMAN Habitat for Humanity of Collier County, Inc. Page 16 of 23 Kaicasa Phase I Infrastructure 16D35 EXHIBIT "A" SCOPE OF SERVICES HABITAT FOR HUMANITY INFRASTRUCTURE - KAICASA THE SUBRECIPIENT 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 HUD Income Guidelines. B. PROJECT SCOPE: The scope of this phase of the project is infrastructure construction to support up to two hundred and four (204) homesites in Kaicasa, located on route 29, in Immokalee, FL adjacent to Farmworker'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 SUBRECIPIENT shall submit to Housing & Human Services a certification that all households meet income qualification at time of full occupancy. The Subrecipient will be responsible for the following: The creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. Submission of documentation of Match Funds listed under Budget in Section B prior to submittal of first Request for Payment form. Posting of visible signage at the work site identifying the funding source(s) as mentioned in section VII part F. NOTE 1: The 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 two hundred & four (204). NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. The SUBRECIPIENT shall Habitat for Humanity of Collier County, Inc. Page 17 of 23 Kaicasa Phase I Infrastructure 16 obtain HHS's approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract, the SUBRECIPIENT shall obtain HHS's approval prior to executing any change orders to such contract. NOTE 4: The 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: Kaicasa Phase I Infrastructure Line Item: CDBG Funds Other Infrastructure Clearing of Land & Excavation Infrastructure Drainage (Storm Sewer) Sewers (Sanitary) Portable Water Landscaping Roads Construction Roadway Fill Paving Engineering Underground Electric Driveway Aprons Flood control and drainage Miscellaneous Site Development Subtotal Total Development Budget $1,000,000.00 $24,000,000.00 $1,000,000.00 $14,000,000.00 Total 25,000,000.00 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 G. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Milestone Deadline 100% of funding expended June 15, 2008 Habitat for Humanity of Collier County, Inc. Page 18 of 23 Kaicasa Phase I Infrastructure 163 Please note that many 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 CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "C ". The progress reports shall be used as an additional basis for HHS's approval of invoices, etc. for payment. After funding is expended, the monthly reporting requirements will be changed. The SUBRECIPIENT shall submit semi - annual reports until the 204 units are constructed and 51% occupancy has been obtained. I. OUTCOME PERFORMANCE MEASUREMENTS: DAVIS -BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis -Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis -Bacon wage decision and disclose the requirements of the Davis - Bacon Act in its construction bid solicitation and sub- contract(s). K. COMPENSATION: The County shall pay the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports. 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 ". Habitat for Humanity of Collier County, Inc. Page 19 of 23 Kaicasa Phase I Infrastructure OBJECTIVE OUTCOMES ACTIVITY INDICATORS DECENT HOUSING Affordability through the creation of new housing units 204 Infrastructure for new housing construction Number of new affordable homes to be built 204 DAVIS -BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis -Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis -Bacon wage decision and disclose the requirements of the Davis - Bacon Act in its construction bid solicitation and sub- contract(s). K. COMPENSATION: The County shall pay the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports. 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 ". Habitat for Humanity of Collier County, Inc. Page 19 of 23 Kaicasa Phase I Infrastructure 2. 3. 4. 5. 6. EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Habitat for Humanity of Collier County, Inc. Subrecipient Address: 11145 Tamiami Trail East NaoleS FL 34113 Project Name: Kaicasa Phase I - Infrastructure Project No: Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS Grant Amount Awarded Sum of Past Claims Paid on this Account Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account Amount of Previous Unpaid Requests Amount of Today's Request Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) �.1 $ 1,000,000 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Date Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) Habitat for Humanity of Collier County, Inc. Page 20 of 23 Kaicasa Phase I Infrastructure 16D35 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Human Services staff by the 101h of the following month. Status Report for Month of Submittal Date: Project Name Kaicasa Phase I - Infrastructure Project Number Activity Number Subrecipient: Habitat for Humanity of Collier County Inc Contact Person Cheryl Malone Director of Administration Telephone: (239) 775 -0036 Fax: (239) 775 -0477 E -mail: cmalone(a)hfhcollier com 1. Activity Status /Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you 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. Habitat for Humanity of Collier County, Inc. Page 21 of 23 Kaicasa Phase I Infrastructure 16035 6. New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in box "1. " INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low- income (31 -50 %) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, are low- income (51 -80 %) of the current Median Family Income (MFI). Enter this number in box "4. " NOTE: The total of boxes 2,3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5 " below. BOX BOX BOX BOX BOX 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 %) Habitat for Humanity of Collier County, Inc. Page 22 of 23 Kaicasa Phase I Infrastructure 16D35 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 Table of Race and Ethnicity Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or her 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: Habitat for Humanity of Collier County, Inc. Page 23 of 23 Kaicasa Phase I Infrastructure Memorandum To: Patricia Morgan, Supervisor Clerk of Courts — Minutes and Records From: Sandra Marrero, HUD Grants Management Coordinat Date: December 3, 2007 Subject: Recording of Declaration of Restrictions Re: CDBG FY 2007 -2008 — Habitat for Humanity of Collier County, Inc. Attached please find a copy of the Declaration of Restrictions between Collier County and Habitat for Humanity of Collier County, Inc. for CDBG funding in the amount of $1,000,000.00 toward infrastructure construction to support in Kaicasa, located on State Road 29 in Immokalee, FL for affordable housing homeownership. Please RECORD the attached 3 -page copy of the Declaration of Restrictions and charge to account string #121 - 345252 - 882100. Please call me at 252 -2399, if you have any questions. Thank you. cc: Suzanne Bootheby, , Grants Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Joanne Markiewicz, Operations Manager - Purchasing File Department of Housing & Human Services Public Services Division 16 «35 Prepared by and Return to: Collier County Housing & Human Services Department 3050 N. Horseshoe Drive, #110 Naples, Florida 34104 DECLARATION OF RESTRICTIONS Habitat For Humanity of Collier County, INC. a private, limited partnership, having its principle office at 11145 Tamiami Trail East, Naples Fl, 34113, hereinafter referred to as "Declarant," for the property described below, in consideration of CDBG funding in the amount of One Million Dollars ($1,000,000.00) to be received from Collier County does hereby grant to the County the following restrictions against the subject property described as: Parcel: That part of the West %, of Section 12 and the Northwest Y4 of Section 13, Township 47 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Beginning at a 4" by 4" concrete monument found marking the Southwest corner of said Section 12; thence North 02'13' 13" West along the West line of the Southwest /4 of said Section 12, a distance of 2670.91 feet to a 4" X 4" concrete monument found marking the Northwest corner of the Southwest '/. of said Section 12; thence North 02 "13 "27" West along the West line of the Northwest '/. of said Section 12, a distance of 179.09 feet; thence departing said West line, North 87 "46'47" East a distance of 1235.30 feet; thence South 02'13'13" East along aline 1235.30 feet East of and parallel with the West line of the Southwest '/, of said Section 12 a distance of 4193.59 feet to the Northerly maintained right -of -way line of State Road No. 29; thence North 45 °03°20" West along said Northerly line a distance of 730.92 feet; thence north 44 °55'22" West to an intersection with the Westerly line of said Section 13, a distance of 1088.66 feet; thence North 02 019'22" West along said Westerly line, a distance of 7.56 feet to the point of beginning LESS AND EXCEPT THEREFROM all right, title and interest of the Grantor, if any, in and to the oil, gas and minerals of every kind or character located in, on or under, or that may be produced from said property. 1. This Declaration of Restrictions shall be deemed as covenants running with the land and are binding upon the undersigned, their heirs, executors, successors, and assigns. These restrictions can only be terminated if released by Collier County, acting through and by its Board of County Commissioners, and only when executed with the same formalities as this document, effective when recorded in the Public Records of Collier County, Florida. Collier County is specifically granted the right to enforce this Declaration using all means lawfully available, and is entitled to such costs and fees as may be required to enforce this Declaration. 2. In consideration of the County's grant in the amount of $1,000,000.00 (in CDBG fun s) as provided through a grant Agreement with the County dated ',►2007, the Declarant hereby covenants and agrees to only use the subject property as described in the Declarant's funding application to the County, and as described in said grant Agreement, and as set forth below, for a period of twenty (20) 135 years commencing with the expiration date of said grant Agreement (as the term of such Agreement may be amended from time to time). 3. The Declarant agrees, with regard to the use of the facility/property whose acquisition or improvements were funded through the grant Agreement that for a period of twenty (20) years after the closing date of said project (as the term of such Agreement may be amended from time to time): a. The Declarant may not change the use or planned use, or discontinue use, of the facility/property (including the beneficiaries of such use) from that for which the acquisition or improvements were made, unless the Declarant provides affected citizens with reasonable notice of, and opportunity to comment on, any such proposed change and either: i) The new use of the facility/property, in the opinion of the County, qualifies as meeting one of the national objectives defined in the regulations governing the CDBG program, and is not a building for the general conduct of government; or ii) The requirements of paragraph 3(b) of this section are met. b. If the Declarant determines after consultation with affected citizens, that it is appropriate to change the use of the facility/property to a use which does not qualify under Paragraph 3(a)(1) of this section or discontinue use of the facility/property, it may retain or dispose of the facility for such use if the County is reimbursed in the amount of the current fair market value of the facility/property less any portion thereof attributable to expenditures of non- CDBG funds for acquisition of, or improvements to the facility/property. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. c. Following the reimbursement of CDBG funds by the Declarant to the County pursuant to Paragraph 3(b) above, the facility /property will then no longer be subject to these restrictions once the County has recorded a release of these restrictions as described above. In the event of any proposed sale, conveyance or transfer of the subject property, the Declarant must obtain approval of the County, through its Housing & Human Services Department. Any approved sale or conveyance of the subject property by the Declarant will be contingent upon the receipt of the payment by the County in accordance with the provisions of Paragraph 3(b) above, or the receipt of a commitment, executed by a subsequent owner acceptable to the County, acknowledging its acquiescence to this Declaration. 4. The Declarant agrees to notify the County in writing through the Housing & Human Services Department of any liens, judgments or pending foreclosure on the subject property within five (5) working days of the receipt of said notice by the Declarant. 5. Declarant shall submit to the County once each year a report detailing the Declarant's compliance with the terms of the grant Agreement and this Declaration of Restrictions. 16 � 35 " 6. Declarant relinquishes all rights to alter, amend, modify, or release the covenants set forth in this Declaration prior to the completion of the twenty -year period described above. Executed this J3 day of Qdr�pLv 20 11ABITAT FOR HJJMANITY -0F COLLIER (CORPORATE SEAL) / SAMUEL J ,,ZUP SO, M.D., STATE OF FLOFJDA COUNTY OF n The forgoing Agreement was acknowledged before me this 13 day of `ry �0�mbQl�, 20 �by QrA I b;Ca as ii0t6AAt jof ama j . X Ut,c.t) who is personally known to me or has produced as identification and who did (did not) take an oath. :............................. a............... ANA I. DIAZ \ Comm# DD060M E ores 7 11/2011 Vr Florida Notary M....i ................ 4102548 OR: 4308 PG: 1775 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/04/2007 at 03:41PN DWIGHT B. BROCK, CLERK NBC FEE 27.00 COPIES 3.00 Retn: CLERK TO THE BOARD Prepared and Return to: INTEROFFICE 4TH FLOOR Collier County ty Housing &Human Services Department BKT 7240 ra 3050 N. Horseshoe Drive, #110 J Naples, Florida 34104 DECLARATION OF RESTRICTIONS Habitat For Humanity of Collier County, INC. a private, limited partnership, having its principle office at 11145 Tamiami Trail East, Naples Fl, 34113, hereinafter referred to as "Declarant," for the property described below, in consideration of CDBG funding in the amount of One Million Dollars ($1,000,000.00) to be received from Collier County does hereby grant to the County the following restrictions against the subject property described as: Parcel: That part of the West %2 of Section 12 and the Northwest '/< of Section 13, Township 47 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Beginning at a 4" by 4" concrete monument found marking the Southwest comer of said Section 12; thence North 02 °13' 13" West along the West line of the Southwest'' /4 of said Section 12, a distance of 2670.91 feet to a 4" X 4" concrete monument found marking the Northwest corner of the Southwest '/4 of said Section 12; thence North 02 "13 "27" West along the West line of the Northwest '/4 of said Section 12, a distance of 179.09 feet; thence departing said West line, North 87 "46'47" East a distance of 1235.30 feet; thence South 02'13'13" East along a line 1235.30 feet East of and parallel with the West line of the Southwest '/4 of said Section 12 a distance of 4193.59 feet to the Northerly maintained right -of -way line of State Road No. 29; thence North 45 °03°20" West along said Northerly line a distance of 730.92 feet; thence north 44 °55'22" West to an intersection with the Westerly line of said Section 13, a distance of 1088.66 feet; thence North 02 °19'22" West along said Westerly line, a distance of 7.56 feet to the point of beginning LESS AND EXCEPT THEREFROM all right, title and interest of the Grantor, if any, in and to the oil, gas and minerals of every kind or character located in, on or under, or that may be produced from said property. 1. This Declaration of Restrictions shall be deemed as covenants running with the land and are binding upon the undersigned, their heirs, executors, successors, and assigns. These restrictions can only be terminated if released by Collier County, acting through and by its Board of County Commissioners, and only when executed with the same formalities as this document, effective when recorded in the Public Records of Collier County, Florida. Collier County is specifically granted the right to enforce this Declaration using all means lawfully available, and is entitled to such costs and fees as may be required to enforce this Declaration. 2. In consideration of the County's grant in the amount of $1,000,000.00 (in CDBG Vs) as provided through a grant Agreement with the County dated 2007, the Declarant hereby covenants and agrees to only use the subject property as described in the Declarant's funding application to the County, and as described in said grant Agreement, and as set forth below, for a period of twenty (20) OR: 4308 PG: 1776 years commencing with the expiration date of said grant Agreement (as the term of suchl 6 Agreement may be amended from time to time). 3. The Declarant agrees, with regard to the use of the facility/property whose acquisition or improvements were funded through the grant Agreement that for a period of twenty (20) years after the closing date of said project (as the term of such Agreement may be amended from time to time): a. The Declarant may not change the use or planned use, or discontinue use, of the facility/property (including the beneficiaries of such use) from that for which the acquisition or improvements were made, unless the Declarant provides affected citizens with reasonable notice of, and opportunity to comment on, any such proposed change and either: i) The new use of the facility /property, in the opinion of the County, qualifies as meeting one of the national objectives defined in the regulations governing the CDBG program, and is not a building for the general conduct of government; or ii) The requirements of paragraph 3(b) of this section are met b. If the Declarant determines after consultation with affected citizens, that it is appropriate to change the use of the facility /property to a use which does not qualify under Paragraph 3(a)(1) of this section or discontinue use of the facility/property, it may retain or dispose of the facility for such use if the County is reimbursed in the amount of the current fair market value of the facility/property less any portion thereof attributable to expenditures of non- CDBG funds for acquisition of, or improvements to the facility/property. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. c. Following the reimbursement of CDBG funds by the Declarant to the County pursuant to Paragraph 3(b) above, the facility/property will then no longer be subject to these restrictions once the County has recorded a release of these restrictions as described above. In the event of any proposed sale, conveyance or transfer of the subject property, the Declarant must obtain approval of the County, through its Housing & Human Services Department. Any approved sale or conveyance of the subject property by the Declarant will be contingent upon the receipt of the payment by the County in accordance with the provisions of Paragraph 3(b) above, or the receipt of a commitment, executed by a subsequent owner acceptable to the County, acknowledging its acquiescence to this Declaration. 4. The Declarant agrees to notify the County in writing through the Housing & Human Services Department of any liens, judgments or pending foreclosure on the subject property within five (5) working days of the receipt of said notice by the Declarant. 5. Declarant shall submit to the County once each year a report detailing the Declarant's compliance with the terms of the grant Agreement and this Declaration of Restrictions. * ** OR: 4308 PG: 1117 * ** l6 35 6. Declarant relinquishes all rights to alter, amend, modify, or release the covenants set forth in this Declaration prior to the completion of the twenty -year period described above. Executed this 13 day off tp�pLv _, 20 low (CORPORATE SEAL) STATE OF FLOJUDA COUNTY OF gIL HABITAT The forgoing Agreement was acknowledged before me this 13 M.D., `�% 1~Ornlnel� 20 0 by r il1Q Z . ;ca as -nQta& of Jaf'tk j . who is personally known to me or has produced COLLIER of as identification and who did (did not) take an oath. ............. ..........6.................... ANA I. IAZ £3t""m £ Comm# DD0690854 }� g E)Ire$ 711=11 M1....:::;m .....Florida NolaryAw, tr�., 4102551 OR; 4308 PG; 1782 RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL 12/04/2007 at 03:43PR DWIGHT B. BROCK, CLERK REC FEE 27,00 COPIES 3.00 Retn: Prepared by and Return to: CLERK TO THE BOARD Collier County Housing & Human Services Department INTEROFFICE 4TH FLOOR 3050 N. Horseshoe Drive, #110 BIT 7240 Naples, Florida 34104 DECLARATION OF RESTRICTIONS The City of Naples, having its principle office at 735 8`h Street South Naples Fl, 34102- 6796, hereinafter referred to as "Declarant," for the property described below, in consideration of CDBG funding in the amount of One hundred sixteen thousand seventy nine dollars ($116,079.00) to be received from Collier County does hereby grant to the County the following restrictions against the subject property described as: Parcel 1: Folio No. 20761600004 UNPLATTED LANDS 03 50 25 COM TNT CL FIRST AVE S WITH SLY EXT OF E LI SEABOARD DOWNTOWN SUB, THENCE N 785.02FT TO INT Parcel 2: Folio No. 1816360009 RIVER PARK EAST BLK 5 COMM INTERSEC OF C/L OF 5TH AVE N WITH C/L 14TH ST N 52DEG E 83.95FT ALG C/L 5' AVE N, S Parcel 3: Folio 18163560000 RIVER PARK EAST BLK 5 DESC AS: COMM INTERSEC OF CTR LI 5TH AVE WITH CTR LI 14TH ST, N 52 DEG E 83.95FT, S 37 DEG E 1. This_ Declaration of Restrictions shall be deemed as covenants running with the land and are binding upon the undersigned, their heirs, executors, successors, and assigns. These restrictions can only be terminated if released by Collier County, acting through and by its Board of County Commissioners, and only when executed with the same formalities as this document, effective when recorded in the Public Records of Collier County, Florida. Collier County is specifically granted the right to enforce this Declaration using all means lawfully available, and is entitled to such costs and fees as may be required to enforce this Declaration. 16n35 2. In consideration of the County's grant in the amount of $116,079.0 (in CDBG fund h as provided through a grant Agreement with the County dated OR: 4308 PG: 1783 2007, the Declarant hereby covenants and agrees to only use the subject property 6 P 3 5 described in the Declarant's funding application to the County, and as described in sai grant Agreement, and as set forth below, for a period of five (5) years commencing with the expiration date of said grant Agreement (as the term of such Agreement may be amended from time to time). 3. The Declarant agrees, with regard to the use of the facility /property whose acquisition or improvements were funded through the grant Agreement that for a period of five (5) years after the closing date of said project (as the term of such Agreement may be amended from time to time): a. The Declarant may not change the use or planned use, or discontinue use, of the facility /property (including the beneficiaries of such use) from that for which the acquisition or improvements were made, unless the Declarant provides affected citizens with reasonable notice of, and opportunity to comment on, any such proposed change and either: i) The new use of the facility /property, in the opinion of the County, qualifies as meeting one of the national objectives defined in the regulations governing the CDBG program, and is not a building for the general conduct of government; or ii) The requirements of paragraph 3(b) of this section are met. b. If the Declarant determines after consultation with affected citizens, that it is appropriate to change the use of the facility /property to a use which does not qualify under Paragraph 3(a)(1) of this section or discontinue use of the facility /property, it may retain or dispose of the facility for such use if the County is reimbursed in the amount of the current fair market value of the facility /property less any portion thereof attributable to expenditures of non- CDBG funds for acquisition of, or improvements to the facility /property. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. c. Following the reimbursement of CDBG funds by the Declarant to the County pursuant to Paragraph 3(b) above, the facility /property will then no longer be subject to these restrictions once the County has recorded a release of these restrictions as described above. In the event of any proposed sale, conveyance or transfer of the subject property, the Declarant must obtain approval of the County, through its Housing & Grants Section. Any approved sale or conveyance of the subject property by the Declarant will be contingent upon the receipt of the payment by the County in accordance with the provisions of Paragraph 3(b) above, or the receipt of a commitment, executed by a subsequent owner acceptable to the County, acknowledging its acquiescence to this Declaration. 4. The Declarant agrees to notify the County in writing through the Housing & Grants Section of any liens, judgments or pending foreclosure on the subject property within five (5) working days of the receipt of said notice by the Declarant. * ** OR: 4308 PG: 1184 * ** L r 5. Declarant shall submit to the County once each year a report detailing th (� 1 Declarant's compliance with the terms of the grant Agreement and this Declaration of Restrictions. 6. Declarant relinquishes all rights to alter, amend, modify, or release the covenants set forth in this Declaration prior to the completion of the five -year period described above. Executed this IZI" day of G is &2 20 G CITY OF NAPLES (SUBRECIPIENT SEAL) BY: Approved as to form and legal sufficiency: ,MAYOR it r\ ROBERT D. PRITT, CITY ATTORNEY I M f forgoing Agreement was acknowledged before me 20 , as of, who4s.4xqrsona ll own to me or has produced identification and-vvhQ id (did not) take an oath. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 (J 036 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only IW the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, drew aline throu muting lines #1 throw #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) List in muting order) Office Initials Date 1. UStr 32rJ ` Initial) Applic able 2. air 11/13/07 Agenda Item Number 16D36 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Type of Document Sub - Recipient Agreement 4. 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from 5. Sue Filson, Executive Manager Board of County Commissioners contracts, agreements, etc. that have been fully executed by all parties except the BCC 6. Minutes and Records Clerk of Court's Office Chairman and Clerk to the Board and possibly State Officials.) PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Sandra Marrero Phone Number 252 -2399 Contact appropriate. Initial) Applic able Agenda Date Item was 11/13/07 Agenda Item Number 16D36 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Sub - Recipient Agreement Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forts/ County Forms/ BCC Form/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial) Applic able 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from �J C contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. j I� 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's y� signature and initials are required. 7JL 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. �® Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be az of your deadlines! 6. document was approved by the BCC on (enter date) and all changes y� 1The made during the meeting have been incorporathd'ih We attached document. The �( County Attorney's Office has reviewed the changes, if applicable. I: Forts/ County Forms/ BCC Form/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D36 ►fTf�lull : _�►`ilifu� Date: November 14, 2007 To: Frank Ramsey, SHIP Program Coordinator Housing & Human Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Sub - Recipient Agreement — Hurricane Hardening - Copeland Enclosed please find one original of the above referenced document, (Agenda Item #16D36), approved by the Board of County Commissioners on Tuesday, November 13, 2007. The Minutes and Records Department has retained one original document for the official records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure 16D36 r"f117111fu ► t IP.'/ 0I II►[K1711111 II .ZKIl Ih;Y �'1 AND COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION HURRICANE HARDENING - COPELAND 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 "Collier County Housing Development Corporation," a private not - for -profit corporation existing under the laws of the State of Florida, having its principal office at 4779 Enterprise Avenue, Naples, FL 34104 and its Federal Tax Identification number as 38- 3695928, hereinafter referred to as "SUBRECIPIENT ", 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 Subgrant Agreement; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Disaster Recovery Initiative (DRI) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed CCHIJC Hurricane Hardening- Copeland Page 1 of 23 by the Parties as follows: I. 16036 (1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "HHS" means the Housing and Human Services Department of Collier County. (4) " SUBRECIPIENT" means Collier County Housing Development Corporation (CCHDC) (5) "HHS's Approval" means the written approval of the Housing and Human Services Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". (9) "DRI" means Disaster Recovery Initiative Program (10) "DCA" means Florida Department of Community Affairs IL 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 the timely release of funds for this project by DCA under Agreement No. 07DB- 3V- 09- 21 -01 -Z O1. 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 COUNTY for allowable costs, determined by COUNTY and DCA, in an amount not to exceed One Hundred Twenty -four Thousand Nine Hundred Twenty -three Dollars ($124,923) 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 Hurricane Hardening- Copeland Page 2 of 23 All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. COUNTY is bound by the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed by the State of Florida and COUNTY to require SUBRECIPIENT to acknowledge the following, as applicable: 1. SUBRECIPIENT acknowledges that it will adhere to all applicable terms of the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed between the State of Florida and COUNTY as outlined in Attachment A: Program Guidelines; 2. 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. 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 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, 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. Hurricane Hardening- Copeland Page 3 of 23 16 D36) 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 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. Hurricane Hardening - Copeland Page 4 of 23 16D 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 7945 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti- Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. 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 foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 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 the disadvantaged. 32. Chapter 403.7065, Florida Statues - which refers to the procurement of products or materials with recycled content. 33. Chapter 39.201, Florida Statutes - that any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare, as defined in Hurricane Hardening- Copeland Page 5 of 23 16L'36 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 of lobbying 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 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 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. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the Hurricane Hardening- Copeland Page 6 of 23 16D36 performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHS, State and Federal support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction 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 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. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD or DCA specifies. CCHDC Hurricane Hardening - Copeland Page 7 of 23 16D36 H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 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 § 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 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 § 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 agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 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 SUBKbCLFIEN I snati agree the Aaron primary basis. 4. CERTIFICATE OF INSURANCE iartment ". The coverage on a 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). 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. UCHOU Hurricane Hardening- Copeland Page 8 of 23 160 -36 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 REQUIREMENTS 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 1. The SUBRECIPIENT shall maintain all records required by the CDBG Federal Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the 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 SUBRECIPIENT 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 of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to HHS using Exhibit "C" The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. Hurricane Hardening - Copeland Page 9 of 23 D. REPORTS, AUDITS. AND EVALUATIONS E. 16D36 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. 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 DRI 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 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 -110 (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 Hurricane Hardening- Copeland Page 10 of 23 16 936 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 -110 (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. L GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing 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 REQUIREMENTS 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. CCHDC Hurricane Hardening- Copeland Page 11 of 23 16D36 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. 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 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 determined by HHS or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list Hurricane Hardening- Copeland Page 12 of 23 G H. I. 16D36 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). 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. 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, Brant, 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. 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. 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. ENVIRONMENTAL CONDITIONS A. AIR AND WATER Hurricane Hardening - Copeland Page 13 of 23 16036 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 (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 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 ii"i�7iliFTi[Kal 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. Hurricane Hardening- Copeland Page 14 of 23 XIL REVERSION OF ASSETS 16U ,36 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 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. Hurricane Hardening - Copeland Page 15 of 23 16D36 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 23d day of May, 2007. (SUBRECIPIENT SEAL) ATT.ES`T.:`,e ., DWIGHT E. II OCK, CLERK k. r+ , Patricia Morgan, Deputy Clerk Attest As''to Si RAL r£ or ■ Anor�vek s_ to form and County Attorney COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION. BY: J 7,�.te� KAT Y PATTERSON, EXECUTIVE DIRECTOR BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY JA ES COLETTA, CHAIRMAN CCHDC Hurricane Hardening- Copeland Page 16 of 23 EXHIBIT "A" 16D36 SCOPE OF SERVICES COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION 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 ($124,923) has been awarded for the purpose of installing two (2) back up generators for the sewer lift station and water treatment plant. As a result of Hurricane Wilma and loss of power, the small village residents of Copeland were without sewer and water services for several days after the storm. Prevention and hardening activities are not eligible for insurance or FEMA reimbursement. Final completion date for funded activity shall be no later then April 30, 2009. The Subrecipient will be responsible for 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, 100% payment bond and 100% performance bond for any contract that exceeds $100,000. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. The SUBRECIPIENT shall obtain HHS's approval prior to awarding the construction contract to be funded through this agreement. The SUBRECIPIENT shall submit the name of the contractor to ensure the business is not federally debarred. After awarding such contract the 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: Develop contractual permission with the site owner to place the unit on the premises. Hurricane Hardening - Copeland Page 17 of 23 163 Provide documents to the Copeland Civic Association and educate the community as to their responsibilities for the maintenance and ownership of the generators. 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: Hurricane Hardening - Copeland Line Item: DRI Funds Installation of generators, permits and other eligible associated costs $112,431 Administrative /project costs covered $12,492 Under CFR Part 570, Subpart C and J Total $124,923 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/HOME /SHIP funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG/HOME /SHIP/DRI funds. G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Task End Date Work completion I April, 2009 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. 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 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. I. DAVIS -BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis -Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis -Bacon wage decision and disclose the requirements of the Davis - Bacon Act in its construction bid solicitation and sub- contract(s). Hurricane Hardening- Copeland Page 18 of 23 IMO 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 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 ". CCHDC Hurricane Hardening- Copeland Page 19 of 23 1635 EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT Disaster Recovery Initiative Subrecipient Name: Collier County Housing Development Corporation (CCHDC) Subrecipient Address: 4779 Enterprise Ave Naples FL 34104 Project Name: Hurricane Hardening — Coneland Project No: DRI 05 -03 Payment Request # Dollar Amount Requested: STATUS OF FUNDS Grant Amount Awarded $ 124,923.00 2. Sum of Past Claims Paid on this Account Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 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 (approval authority under $14,999) Dept Director (approval required $15,000 and above) Hurricane Hardening - Copeland Page 20 of 23 EXHIBIT "C" DRI MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the 1 dk 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 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. Hurricane Hardening- Copeland Page 21 of 23 636 6. New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51- 800/0) Household 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in box "1. " INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low- income (31 -50 %) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, are low- income (51 -80 %) of the current Median Family Income (MFI). Enter this number in box "4. " NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5 " below. BOX BOX BOX BOX BOX Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51- 800/0) Household Assisted (0 -30% (31 -50%) Hurricane Hardening- Copeland Page 22 of 23 16D36 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 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 Table of Race and Ethnicity 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: Hurricane Hardening- Copeland Page 23 of 23 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP T TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO •C THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Offieo- the completed routing slip and original documents are to be forwarded to the Board Office only fu ter the Board has taken action on the item ROUTING SLIP Complete routing lines # 1 through 44 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the eenrinn of the Chairman's sinnamre draw a line through routine lines #I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressees) (List in routing order) Office Initials Date 5. Sue Filson, Executive Manager Board of County Commissioners (Initial) Applicable) 6. Minutes and Records Clerk of Court's Office Agenda Item Number 16E2 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC. approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item ) Name of Primary Staff Greg Barlow, Safety Engineer, Risk Mgt. Phone Number 252 -8360 Contact appropriate. (Initial) Applicable) Agenda Date Item was 11/13/07 Agenda Item Number 16E2 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Lease Agreement Number of Original I Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST PLEASE RETURN SIGNED LEASE AGREEMENT TO GREG BARLOW, SAFETY ENGINEER IN THE RISK MANAGEMENT DEPARTMENT. 1 Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Original document has been signed /initialed for legal sufficiency. (All documents to be GB signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Clerk to the Board and possibly State Officials.) =Allhandwriintten strike - through and revisions have been initialed by the County Attorney's N/A ther parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's GB signature and initials are required. P<3 5, In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/07 (enter date) and all changes GB made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. PLEASE RETURN SIGNED LEASE AGREEMENT TO GREG BARLOW, SAFETY ENGINEER IN THE RISK MANAGEMENT DEPARTMENT. 1 Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 16E2 MEMORANDUM Date: November 14, 2007 To: Greg Barlow, Safety Engineer Risk Management From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Lease Agreement Enclosed please find one (1) original document as referenced above, Agenda Item #16E2, approved by the Board on Tuesday, November 13, 2007. Please forward to the appropriate parties for signatures and return a fully exectuted document to Minutes and Records. If you should have any questions, please contact our department at 252 -8411. Thank you. iNet USAGE AGREEMENT 16 Exchange Program This Agreement is made October 4, 2007, between (e) Data Backup and Retrieval. Customer is responsible INDUSTRIAL SCIENTIFIC CORPORATION, a Pennsylvania for handling the backup, save and restore, and archival data - storage of corporation (the "Company "), and Collier County, a Florida County instrument data when Customer supplies a server for the iNet service, or Government ("Customer"). if Customer cannot grant Company personnel ready access to the Company supplied server on a regular bass. PREAMBLE The Company manufactures, distributes, provides and services gas detection equipment used in a variety of applications. The Company has developed iblet, a program through which the Company (a) helps its customer select gas detection equipment appropriate for the Customer's needs, (b) provides, calibrates and services the detection equipment selected by the Customer, (c) enables the Customer to transmit detection readings to the Company over the intemet and, thereby, frees the Customer from burdensome recordkeeping. The Customer wishes to subscribe for the iNet services and to use the gas detection equipment described in this Agreement, all on the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the premises and with the intent to be legally bound, the parties hereto agree as follows: AGREEMENT 1. Subscription. Customer hereby subscribes for the iNet service for a period of 48 months. The subscription shall begin on November 1, 2007 and terminate on October 31, 2011. (Such period is hereinafter referred to as the "Term "). 2. Subscription Fee and Costs. The total cost of the subscription for the Term is $ 127,993.92 (the "Subscription Fee "), payable as follows: 48 payments of $ 2,666.54 due on the I st of each month. In addition to the Subscription Fee, any and all charges for Customer's intemet connection, and calibration gas will be bome by and be for the account of Customer. Customer also shall reimburse Company for any travel expenses incurred by Company in the course of performing its duties hereunder; such expenses could include, without limitation, expenses for food, lodging, rental car, mileage and airfare. Initial installation expenses, and monthly on -site service visits (On -Site Program only) are included in the Subscription Fee. Customer shall reimburse Company for such expenses within thirty (30) days after delivery of an invoice from Company itemizing the expenses in reasonable detail. 3. Installation and Use (a) Installation. The equipment will be installed at the location(s) specified in Schedule A. Company reserves the right to schedule the installation at a mutually agreed upon time and date. (b) Protection From Direct/Indirect Affected Network Components. Company is not responsible for network systems affected directly or indirectly by installation of iNet components. (c) Security Changes. Customer is responsible for changes made in network & system security, training new network users; installation and configuration of application software and batch files; moving of programs and data; and any other network related administration duties relating to this installation. Company is not responsible for the security of the networked computing system that has been connected to the Internet. (d) Customer Network Reguirement. Customer will provide cabling and/or wireless networking components and cabling installation labor for all necessary network connections. 4. Customer's Responsibilities. In addition to its other obligations set forth herein, Customer shall: (a) use the equipment identified on Schedule B in accordance with the documentary and other instructions provided by the Company. (b) not load any additional software onto the supplied server /computer, nor use this server for any purpose other than iNet services. (c) download information from gas detection equipment to the DS2 Docking Station (or any other similar docking station provided by the Company) at least once each day. Company has no obligation to record, analyze, or take any action with respect to, any information recorded by the gas detection equipment until such time as Customer has property downloaded the information from the equipment to the docking station. (d) return any failed equipment to the Company in prepaid shipping packages provided by the Company packed in a commercial reasonable manner pursuant to Company instructions. In addition, if the Customer does not return the failed equipment to Company within seven days after receipt of the prepaid shipping materials, Customer shall purchase such equipment from Company for an amount equal to the current retail price charged by the Company for the equipment. (e) provide the Company with ready access to any equipment or other materials delivered hereunder, including access to the supplied server /computer, in order for the Company to fulfill its obligations hereunder. (t) only permit its employees, and no other parties, to use the equipment. (g) return any equipment delivered hereunder to the Company at the end of the Tenn in the same condition in which it was received, normal wear miltear excepted. (h) replace any lost, stolen or otherwise missing equipment at an agreed upon pricing schedule at time of replacement. (i) to the greatest extent allowed by Florida's Public Records Law (Chapter 119, Florida Statutes), will not (i) copy or duplicate, or permit anyone else to copy or duplicate, any equipment or documentation or other information furnished by Company or (it) create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise any equipment, documentation or other information made available under this Agreement or otherwise (whether oral, written, tangible or intangible). 5. Company Responsibilities. In addition to its other obligations set forth herein, the Company shall: (a) Deliver to the Customer for the Term the equipment identified on Schedule B. (b) Promptly repair or replace, as described on Schedule C, any delivered equipment that malfunctions or otherwise fails for any reason other than misuse (or negligent use) by the Customer. (c) Provide the type and level of service described on Schedule C. Termination. (a) Termination by Company. Company may terminate this Agreement prior to its expiration upon thirty (30) days' prior written notice to Customer upon the occurrence of any of the following events- (i) Customer becomes insolvent, orinstitutes (or there is instituted against it) proceedings in bankruptcy, insolvency, reorganization or dissolution, makes an assignment for the benefit of creditors or becomes nationalized or has any of its material assets confiscated or expropriated; (ii) Customer attempts to sell, assign, delegate or transfer any of its rights and obligations under this Agreement or Customer is dissolved, substantially changes its line of business, sells substantially all of its assets, or suffers a change in ownership; and /or (iii) Customer commits a material breach of this Agreement. (b) Termination by Customer. Customer may terminate this Agreement prior to its expiration upon thirty (30) days' prior written notice to Company if Company commits a material breach of this Agreement and fails to remedy it within a reasonable period of time Rights of Parties on Termination. (a) Obligations After Termination. In the event that this Agreement is terminated or expires on its own terms, Company shall have no further responsibilities to Customer. (b) Return of Materials. Within (30) days after expiration or termination of this Agreement for any reason, Customer shall deliver to Company, at Customer's expense, all equipment, documentation and any other material supplied to Customer by Company. (c) Survival. Notwithstanding anything to contrary set forth herein, no termination of this Agreement shall relieve any party from any obligations pursuant to Sections 8, 9, 10 or any other obligations hereunder which are outstanding on, or relate to matters or claims occurring or arising prior to, the date of such termination or which survive such termination by their own terms. 8. Limited Warranty. The equipment delivered hereunder is warranted for the shorter of (a) the term of the agreement, (b) until company replaces equipment. The equipment is warranted to conform to the Company's standard specifications as set forth in documentation provided to Customer. The Company does not warrant that the equipment will meet the Customers requirements, or that the equipment will be error free. The Company's sole obligation under the warranty shall be limited to correction of equipment defects. THE LIMITED WARRANTY SET FORTH IN THIS PARAGRAPH 8 AND THE OBLIGATIONS AND LIABILITIES HEREUNDER ARE IN LIEU OF, AND CUSTOMER HEREBY WAIVES, ALL IMPLIED GUARANTEES AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT AS SPECIFIED IN THE FIRST PARAGRAPI I OF THIS AGREEMENT'S PREAMBLE AND IT IS IN LIEN OF ANY LIABILITY OF THE COMPANY UNDER ANY PROVISIONS OF THIS AGREEMENT AND ANY PROVISIONS OF ANY APPLICABLE LAW. 9. Protection of Interest Customer acknowledges and agrees that title to any equipment or other material delivered hereunder remains vested in Company at all times. Customer hereby authorizes the Company at any time, and from time to time, to execute and/or file, in accordance with the laws of any jurisdiction, with or without the signature of Customer, all Uniform Commercial Code financing or continuation statements or other document which the Company may deem necessary or desirable to protectits ownership interest in any equipment or other material delivered hereunder. Customer authorizes the Company to execute any suds documentation on behalf of Customer as Customer's attorney -in -fact, which the Company may execute as attomey -in -fact for Customer_ 162 10. Indemnification Limitation of Liability and Remedy. (a) Indemnification. Each of the Company and Customer shall indemnify, hold harmless and defend the other and the other's respective officers, directors, agents, representatives, employees, and affiliates (the "Indemnified Parties "), at its expense, from and against any and all claims, demands, actions, costs, expenses, liabilities, judgments, causes of action, proceedings, suits, losses and damages of any nature, which are threatened or brought against, or are suffered or incurred by, the other or any of the other's Indemnified Parties or resulting from any of the indemnifying parties' or relating to this Agreement, including without limitation (i) any negligent or tortuous conduct, (it) any representations or statements not specifically authorized by the other in writing, including the extension of any warranties on Products or services, (iii) failure or any breach of any of their respective representations, warranties, covenants, agreements or conditions of Customer contained in this Agreement and (iv) any violations of applicable laws or regulations. (b) Limitation of Liability. Company shall not be liable to Customer, or to my customer, employee, representative, officer, director, agent or affiliate of Customer, for any SPECIAL, INDIRECT, CONTINGENT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OPPORIUNITIES, OR FOR LOSSES OR DAMAGES CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT AND /OR SERVICES DELIVERED HEREUNDER OR THE FAILURE TO DELIVER PRODUCTS OR SERVICES HEREUNDER. (c) Limitation of Remedy. If Company should be held liable for damages to Customer for any cause arising out of or related to this Agreement, or its breach, such damages, in the aggregate, shall not exceed the lesser of (i) the Usage Fee actually paid hereunder, or (ii) actual damages incurred. Customer expressly waives its right to collect any greater amount (d) "Notwithstanding all other provisions in this Agreement, including insurance coverages, each party promise to indemnify the other party is capped as follows: Claimant's claims and/orjudgments, or portions of all of the same arising out of the same incident, occurrence or circumstance, and including condition of property owned or controlled by the party to this agreement claimed against, and including attorneys' fees, shall be limited to one hundred thousand dollars ($100,000); and if such claimant's claims and /orjudgments or portions thereof claimed by any and all other claimants arising out of the same incident, occurrence or circumstance shall be limited to the total cumulative sum of two hundred thousand dollars (S200,000).- 1 I. Disclosure and Confidentiality. Company agrees not to share or disclose any information collected to any outside third party for purposes other than that associated with iNet related research and development. Company may disclose information if required to do so by law or in the good -faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on Company; (b) protect and defend the rights or property of Company, iNet, or iNet participating sites; or (c) act under exigent circumstances to protect the personal safety of users ofthe iNet Service, or the public. 12. General Provisions. (a) Amendments. This Agreement may be amended only by a writing signed by each of the parties, and any such amendment shall be effective only to the extent specifically set forth in such writing. (b) Governing Law. This Agreement shall be a contract under the laws of the State of Florida and for all purposes shall be governed by and construed and enforced in accordance with the substantive laws of said State without regard to its principles of conflicts of laws and the U N. Convention for the International Sale of Goods. (c) Mediation. The parties agree that they shall submit any dispute related to or arising out of this Agreement to non - binding mediation in Collier County, Florida. Each party shall bear its own costs incurred in connection with the mediation; the mediator's costs and fees shall be home equally by the parries. (d) Consent to Jurisdiction and Service of Process. (i) Each of the parties hereby: (A) irrevocably submits to the jurisdiction of the Circuit Court, Collier County, Florida and/or to the jurisdiction of the United States District Court for the Middle District of Florida for the purposes of any action or proceeding arising out of or relating to this Agreement or the subject matter hereof, (B) agrees to initiate any such action or proceeding only in such Courts; (C) waives and agrees not to assert, by way of motion, as a defense or otherwise, in any such action or proceeding, any claim that (I) it is not personally subject to the jurisdiction of such courts, (11) the action or proceeding is brought in an inconvenient forum or (III) the venue of the action or proceeding is improper; and (D) agrees that, notwithstanding any right or privilege it may possess atany time, such party and its property are and shall be generally subject to suit on account of the obligations assumed by it hereunder. (ii) Each party hereby acknowledges that this is a commercial transaction, that the foregoing provisions for consent to jurisdiction and service of process have been read, understood and voluntarily agreed to by each party and that by agreeing to such provisions each party is waiving important legal rights. (e) Assignment Customer shall not assign, pledge or otherwise transfer any of its rights, interest or obligations hereunder, whether by operation of law or otherwise, without the prior consent of Company which consent may be granted or withheld in the Company's sole and absolute discretion. For purposes of this Agreement, an assignment shall include a sale of substantially all of the Customer's assets or a merger or consolidation of Customer with one or more other entities in which the Customer is not the surviving entity or the shareholders of the Customer own less than a majority of the voting securities of the entity that survives the merger or consolidation. (f) Force Majeure. (i) No party is liable for any failure to perform its obligations under this Agreement (other than obligations to make payments of money) if such performance has been delayed, interfered with or preventedby an event of Force Majeure. (it) As used in this Section, "Force Majeure" means any circumstances whatsoever which are not within the reasonable control of the party affected thereby, including without limitation an act of God, war, insurrection, riot, strike or labor dispute, shortage of materials, fire, explosion, flood, government requisition or allocation, breakdown of or damage to plant, equipment or facilities, interruption or delay in transportation, fuel supplies or electrical power, internet connection, server or related equipment failure, embargo, boycott, order or act of civil or military authority, legislation, regulation or administrative rules (including without limitation A�'TS�T,::... BOARD OF� ITY COIvyp1ISS1 COLLIER TY, FL DA By: MES COLETTA, Chairman any Executive Order issued by the President of the United States), or any inability to obtain or maintain any governmental permit or approval. The party who declares Force Majeure will give prompt notice to the other party of such declaration. (iii) If the performance of any obligation has been delayed, interfered with or prevented by an event of Force Majeure, then the party affected by such event will take such actions as are reasonably available to remove the event of Force Majeure or to mitigate the effect of such occurrence. (iv) If an event of Force Majeure occurs, the obligations of the parties under this Agreement (other than obligations to make payments of money) will be suspended during, but not longer than, the continuance of the event of Force Majeure. If such event (alone or extended by another event of Force Majeure) continues so that the obligations of the parties remain suspended for a period of twenty (20) continuous days and, at the end of such period or at any time thereafter during which such suspension continues uninterrupted, any party, in the exercise of reasonable judgment, concludes that there is no likelihood that the event of Force Majeure will be removed in the immediate future, then any party may terminate this Agreement without liability to any other party (other than on account of obligations to make payments of money) by giving to the other five (5) days' notice of its intention to terminate. (g) Countemarts. This Agreement may be executed in any number of counterparts, and by each of the parties on separate counterparts, each of which, when so executed, shall be deemed an original, but all of which shall constitute but one and the same instrument. (h) Cumulative Remedies. The rights and remedies of the parties hereunder are cumulative and not exclusive of any rights or remedies which the parties would otherwise have. No single or partial exercise of any such right or remedy by a party, and no discontinuance of steps to enforce any such right or remedy, shall preclude any further exercise thereof or of any other rightor remedy of such party. (i) Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the transactions contemplated hereby and supersedes all prior written and oral agreements, and all contemporaneous oral agreements, relating to such transactions. (1) Severabilitv. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. (m) Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of each of the parties and their respective successors and permitted assigns. kS- Deputy Cie Attest os s gnature"a s;';' Approved at to form d legal sufficiency:, ate- 2 William E. Mountford, Assistant County Attorney COMPANY MDU IAL ICJ P, IG ORPORATION Ry. Name: M(U(IL- Title. X ' 1' r'� S'NMFI CPO lL0 SCHEDULE A INSTALLATION SITE Wastewater Collections Company Name: Collier County Wastewater Collections Address: 6027 Shirley Street Collections Dept City: Naples State/Prov.: FL Zip /Postal 34109 Code: Country: USA Contact Name: Greg Barlow Title: Safety Engineer Phone Number: 239 - 774 -8283 Email Address: ereebarlowgcollieraov.net Fax Number: 239 - 774 -8048 Physical location ofiNet installation (i.e. Unit, Building, Room): Crew Room Billing Address: 6027 Shirley Street Collections Dept City: Naples State /Prov.: FL Zip /Postal 34109 Code: Country: USA Billing Contact Name: Ray See, Sr. Crew Leader, Rehab Phone Number: 239 -591 -0186 Email Address: rayseegcolliereov.net Fax Number: 239 - 591 -1611 Purchase order number: Will Change yearly IT Contact Name: Rick Fariz Title: Network Engineer Phone Number: 239403 -2377 Email Address: rickfariz @colliergov.net Fax Number: N/A SCHEDULE A INSTALLATION SITE Water Distribution Company Name: Collier County — Water Distribution Address: 4370 Mercantile Ave City: Naples State /Prov.: FL Zip /Postal 34104 Code: Country: USA Contact Name: Greg Barlow Title: Safety Engineer Phone Number: 239 - 774 -8283 Email Address: g_reebarlow'nPcolliereov.net Fax Number: 239 - 774 -8048 Physical location of iNet installation (i.e. Unit, Building, Room): Inventory Shop Billing Address: 4370 Mercantile Ave City: Naples State /Prov.: FL Zip /Postal 34104 Code: Country: USA Billing Contact Name: Anthony DiMeglio, Parts Manager Phone Number: 239 -530 -6247 Email Address: anthonvdimeglioL&colliereov.net Fax Number: 239 -530 -6752 Purchase order number: Will change yearly IT Contact Name: Rick Fariz Title: Network Engineer Phone Number: 239 - 403 -2377 Email Address: rickfarizlacolliereov.net e Fax Number: N/A Company Name: Address: City: State/Prov.: Country: Contact Name: Title: Phone Number: Email Address: Fax Number: Physical location of iNet Room Billing Address: City: State /Prov.: Country: Billing Contact Name: Phone Number: Email Address: Fax Number: Purchase order number: IT Contact Name Title Phone Number Email Address Fax Number SCHEDULE A INSTALLATION SITE Facilities Mana¢ement Collier County Facilities Mgmt 3301 East Tamiami Trail Risk Mgt Dept Bldg D Naples FL Zip/Postal 34112 Code: USA Greg Barlow Safety Engineer 239 - 774 -8283 -reQbarlowng colliergov.net 239 - 774 -8048 installation (i.e. Unit, Building, Room): Operations Attn: Finance Dept PO Box 413016 Naples FL Zip /Postal 34101 - Code: 3016 USA Jennifer Cooper, Accounting Technician 239 - 774 -8380 i enn ifercooperC&,co I I iereov. net 239 - 793 -3795 Rick Fariz Network Engineer 239 - 403 -2377 rickfariz@colliergov.net N/A 162 Company Name: Address: City: State /Prov.: Country: Contact Name: Title: Phone Number: Email Address: Fax Number: Physical location of iNet Lab Billing Address: City: State /Prov.: Country: Billing Contact Name: Phone Number: Email Address: Fax Number: Purchase order number: IT Contact Name: Title: Phone Number: Email Address: Fax Number: SCHEDULE A INSTALLATION SITE North Wastewater Collier County — North Wasterwater North County Water Reclaimation Facility 10500 Goodlette Rd Naples FL Zip /Postal 3 Code: 4109 USA Greg Barlow Safety Engineer 239 - 774 -8283 gre barlow colliereov.net 239- 774 -8048 installation (i.e. Unit, Building, Room): Operations North County Water Reclaimation Facility 10500 Goodlette Rd Naples FL Zip/Postal 34109 Code: USA Mark Gedvillas, Plant Operator, Safety 239 -597 -5355 markgedvillasLcollier _ ov.cet 239 -597 -3504 Will change yearly Rick Fariz Network Engineer 239- 403 -2377 rickfariz @colliergov.net N/A 16E2 SCHEDULE A INSTALLATION SITE North Water Plant Company Name: Collier County — North Water Plant Address: 8005 Vanderbilt Rd Ext. City: Naples State /Prov.: FL Zip /Postal 34102 Code: Country: USA Contact Name: Greg Barlow Title: Safety Engineer Phone Number: 239- 774 -8283 Email Address: ,reebarlow acolliergov.net Fax Number: 239- 774 -8048 Physical location of iNet installation (i.e. Unit, Building, Room): Operations Control Room Billing Address: 4370 Mercantile Ave City: Naples Zip Postal State /Prov.: FL 34102 Code: Country: USA Billing Contact Name: Anthony DiMeglio, Parts Manager Phone Number: 239 -530 -6247 Email Address: anthonydimeelioacollier oQ vnet Fax Number: 239 -530 -6752 Purchase order number: Will Change yearly IT Contact Name: Rick Fariz Title: Network Engineer Phone Number: 239 - 403 -2377 Email Address: rickfariz @colliergov.net Fax Number: N/A 162 SCHEDULE A INSTALLATION SITE 16 _ • 2 Risk Manaeement Dept Company Name: Collier County — Risk Management Dept Address: 3301 East Tamiami Trail Risk Mgt Dept Bldg D City: Naples State /Prov.: FL Zip /Postal 34112 Code: Country: USA Contact Name: Greg Barlow Title: Safety Engineer Phone Number: 239 - 774 -8283 Email Address: _zre,barlow(&,,colliergov.net Fax Number: 239 - 774 -8048 Physical location of iNet installation (i.e. Unit, Building, Room): Safety Engineer's Office Billing Address: 3301 East Tamiami Trail Risk Mgt Dept Bldg D City: Naples State /Prov.: FL Zip /Postal 34112 Code: Country: USA Billing Contact Name: Greg Barlow, Safety Engineer Phone Number: 239 - 774 -8283 Email Address: gregbarlow @colliergov.net Fax Number: 239 - 774 -8048 Purchase order number: Will change yearly IT Contact Name: Rick Fariz Title: Network Engineer Phone Number: 239 - 403 -2377 Email Address: rickfariz@colliergov.net Fax Number: N/A SCHEDULE A INSTALLATION SITE South Wastewater Company Name: Collier County — South Wastewater Address: South County Water Reclaimation Facility 5600 Warren St City: Naples State /Prov.: FL Zip /Postal 34113 Code: Country: USA Contact Name: Greg Barlow Title: Safety Engineer Phone Number: 239 - 774 -8283 Email Address: greebarlow(a),colliereov.net Fax Number: 239 - 774 -8048 Physical location of iNet installation (i.e. Unit, Building, Room): Operations Break Room Billing Address: South County Water Reclaimation Facility 5600 Warren St City: Naples State/Prov.: FL Zip/Postal 34113 Code: Country: USA Billing Contact Name: Bill Kelly, Plant Operator, Safety Phone Number: 239 - 774 -6886 Email Address: billkellyna colliereov.net Fax Number: 239 -774 -4022 Purchase order number: Will change yearly IT Contact Name: Rick Fariz Title: Network Engineer Phone Number: 239 - 403 -2377 Email Address: rickfariz @colliergov.net Fax Number: N/A yi 4 SCHEDULE A INSTALLATION SITE South Water Plant Company Name: Collier County — South Water Plant Address: 3851 Utility Drive City: Naples State /Prov.: FL Zip /Postal 34117 Code: Country: USA Contact Name: Greg Barlow Title: Safety Engineer Phone Number: 239 - 774 -8283 Email Address: greGbarlowncolliereov.net Fax Number: 239 - 774 -8048 Physical location of iNet installation (i.e. Unit, Building, Room): Maintenance Crew Room Billing Address: 4370 Mercantile Ave City: Naples Zip /Postal State/Prov.: FL 34104 Code: Country: USA Billing Contact Name: Anthony DiMeglio, Parts Manager Phone Number: 239 -530 -6247 Email Address: anthonvdimeelio(a collier - ov.net Fax Number: 239 -530 -6752 Purchase order number: Will change yearly IT Contact Name: Rick Fariz Title: Network Engineer Phone Number: 239- 403 -2377 Email Address: rickfariz @colliergov.net Fax Number: N/A 162 1 r2 South Water Part Number Description Quantity 18104307 -11314 iTX multi-gas monitor 02, LEL, CO, H2S, NH3 1 18104646 iSP Sampling Pump 1 18105551 -02 DS2, iTX w/ 2 iGas interface 1 18105841 DS2 iGas regulator w/ pressure switch for 58/103L 2 18102187 Cylinder, Calibration gas CO, H2S, 02, Pentane 58L 1 18102151 Cylinder, Calibration gas 25ppm Ammonia 1 North Water Part Number Description Quantity 18104307 -11014 iTX multi-gas monitor 02, LEL, CO, H2S 1 18100060 -7 GasBad e Pro Chlorine Cl2 1 18104646 iSP Sampling Pump 1 18105551 -02 DS2, iTX w/ 2 iGas interface 1 18106302 -01 DS2 for GasBad e Pro w/ 1 iGas interface 1 18105841 DS2 iGas regulator w/ pressure switch for 58/103L 2 18102187 Cylinder, Calibration gas CO, H2S, 02, Pentane 58L 1 18101758 Cylinder, Calibration gas 10ppm Chlorine 1 Water Distribution Part Number Description Quanti 18104307 -11014 iTX multi-gas monitor 02, LEL, CO, H2S 1 18104646 iSP Sampling Pump1 18105551 -01 DS2, iTX w/ 1 iGas interface 1 18105841 DS2 iGas regulator w/ pressure switch for 58/ 003L 1 18102187 Cylinder, Calibration gas CO, H2S, 02, Pentane 58L 1 Facilities Part Number Description Quantity 18104307 -11014 iTX multi-gas monitor 02, LEL, CO, H2S 1 18104646 iSP Sampling Pump1 18105551 -01 DS2, iTX w/ 1 iGas interface 1 18105841 DS2 iGas regulator w/ pressure switch for 58/103L 1 18102187 Cylinder, Calibration gas CO, H2S, 02, Pentane 58L 1 SCHEDULE B (Combined Locations) Part Number Description Quantity 18104307 -11014 iTX multi-gas monitor 02, LEL, CO, H2S 12 18104307 -11314 iTX multi-gas monitor 02, LEL, CO, H2S, NH3 2 18100060 -7 GasBad e Pro Chlorine Cl2 1 18104646 iSP Sampling Pump 14 18105551 -02 DS2, iTX w/ 2 iGas interface 3 18105551 -01 DS2, iTX w/ 1 iGas interface 6 18105551 DS2, iTX 6 18106302 -01 DS2 for GasBad e Pro wl 1 iGas interface 1 18105858 Demand Flow Regulator with Pressure Switch 1 18105841 DS2 iGas regulator wl pressure switch for 58/103L 10 18103366 Cylinder, Calibration Gas, 4 in 1, 650 liter 4* 18102187 Cylinder, Calibration gas CO, H2S, 02, Pentane 58L 40* 18102151 Cylinder, Calibration gas 25ppm Ammonia 16* 18101758 Cylinder, Calibration gas 10ppm Chlorine 8* 162 * Quantity reflects the allotted calibration gas for all locations for the 4 -year term and includes the gas for the initial installation. Wastewater Collections Part Number Description Quantity 18104307 -11014 iTX multi -gas monitor 02, LEL, CO, H2S 4 18104646 iSP Sampling Pump 4 18105551 -01 DS2, iTX w/ 1 iGas interface 1 18105551 DS2, iTX 3 18105858 Demand Flow Regulator with Pressure Switch 1 18103366 Calibration Gas, 4 in 1, 650 liter Initial Supply Only 1 Risk Management Part Number Description Quantity 18104307 -11014 iTX multi-gas monitor 02, LEL, CO, H2S 1 18104307 -11314 iTX multi-gas monitor 02, LEL, CO, H2S, NH3 1 18104646 iSP Sampling Pump 2 18105551 -02 DS2, iTX w/ 2 iGas interface 1 18105551 DS2, iTX 1 18105841 DS2 iGas regulator w/ pressure switch for 58/103L 2 18102187 Cylinder, Calibration gas CO, H2S, 02, Pentane 58L 1 18102151 Cylinder, Calibration gas 25ppm Ammonia 1 16F South Wastewater Part Number Description Quantity 18104307 -11014 iTX multi-gas monitor 02, LEL, CO, H2S 2 18104646 iSP Sampling Pump 2 18105551 -01 DS2, iTX w/ 1 iGas interface 1 18105551 DS2, iTX 1 18105841 DS2 iGas regulator w/ pressure switch for 58/103L 1 18102187 Cylinder, Calibration gas CO, H2S, 02, Pentane 58L 1 North Wastewater Part Number Description Quantity 18104307 -11014 iTX multi-gas monitor 02, LEL, CO, H2S 2 18104646 iSP Sampling Pump 2 18105551 -01 DS2, iTX w/ 1 iGas interface 1 18105551 DS2, iTX 1 18105841 DS2 iGas regulator w/ pressure switch for 58/103L 1 18102187 Cylinder, Calibration gas CO, H2S, 02, Pentane 58L 1 SCHEDULE C SCHEDULE OF SERVICES Company will perform the Services relating to and consisting of the following: Provide and install hardware and software as detailed in Schedule B, which shall calibrate and service the detection equipment selected by Customer, and enable Customer to transmit detection readings to the Company over the internet. Monitor the condition of the instruments from information transmitted to Company via the internet. Provide replacement instrument(s) when an instrument problem is detected. Provide rental equipment as needed. (Fees for rental equipment are not included in the monthly Subscription Fee and shall be determined at time of rental.) Work Request No. 28690029 Sec. 22, Twp. 50, Rge. 26. Parcel I.D. 55425014105 (Maintained by Property Appraiser) Form 3722 -A (Stocked) Rev.7 /94 EASEMENT This Instrument Prepared By: Name: Randy Camp Co. Name: Florida Power & Light Company Address: 4105 15th Avenue SW Naples, Florida 34116 16L6 5'1 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in width, described as follows: An FP &L Company easement more particularly described on Exhibit "A" attached hereto and made a part hereof. Said easement prepared by Agnoli, Barber & Brundage, Inc. 'Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on this' 3 day of Q0 ✓GI'YW , 2007. Board of County Commissioners Collier County, F ida By: Jame. oletta, Chairman 3301 Tamiami Trail East Naples, Florida 34112 Attest: Dwight E. Brock, Clerk �c Attest a ta, i,41rQ0 6 3301'1 aTImi 7AalTast Naples, Florida 34112 Approved as to form and Legal sufficiency.' Ellen 1: Chadwell, AsastantCountry Attorney Item# ILL Lo Agenda Date Date Read 16 E6 4 CV TRACT "C" 6 N al V) SIERRA MEADOWS c sya 1 u `0 P.B 39, POs. 11 -13 0 L� am o Apr 0) U. 'p1�N O O X �Iya F F U a 3 z z= n°e ro in W V li OW Jm O i O ti U 2 O m a Za� m,0 0 d Ua Z W OWQ'�61 O C7 M(L -7 _ 4 "E 240.23 .N87'2 Dcu F -O Q < E It W. A,4 ME. U FW E.O -NNRa a Q S nos o Z x a F O zao a u o E od. = � �gyi Ln go W 1 O Z �i fn O cd J F gag 3 IN r F p U F z �d z �0z Woa M« %°8s ao 0�; ° V) O I0 WLL }mWJ .. 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W _ _ I W Q M N W~ W m p p U w Q O Q H N} 0 Ooap 1 0 z o tea¢ r �3ww WWwo zp z a o=� Q:NU mO w� Op} N i w =ao F-(¢no ~ �t0O W pa O N zzQ (n N oD_cdW U o Nrw- wm m° w Ix 03 a o w i Z�1't��`,,II ~OZ uz N¢0WJO UW U W �O Wtnw O w \.r 2w O> Oz? Off' ,><V ww w w Ow m,O w o � Nwm W ¢ J W W Zfn LO Z 0 0 wD' ¢_ 0 �JW�J V \ W JJZ m Za 33om oO O ._t^O.Q m0 Oaf 0 Z 0 W 0 } Qrr ¢ m� m ~^ W VI ZZ} Q ¢ 3 C�7JZ J Q:2~ J NNF-N ¢N ¢ W Mm ZZ W5, J J w KO. -�S— I.�1 -K QO Mn, X az woo U J w a I �°�oOZ aoz °a ��oo¢o mwmm'Oww W�= ¢ ~') in N Q � Oox Oww Q W }V- w_ Of W co . 0 O� W 03 UX U W M C) X 0 �.��.J1¢pIJiH NHS Zl`FS-- Ww S�N=�f/�Z rfn I- ~S Zz ZZ PO K 3of U Z N H rn »wfnOO�w 0,n Ww wx 0Oy- z z O 0�-2 w 0rOOt -�wr-n p�U7rnW wm 0Zo Q wa lJi a x H U Z O ¢ A N N In � m N Q N W W 0 W¢ 0 U. J Q a z Q QOa�Wp WOJH._Nr7O2? UZ m WZw N KQ WHO Oa O(N �'- �� OUm 0¢ W W ZVL�aa1 zzZ mwK2 W mn=z DN ~Z Q K- x K m 000 i� LO zO i oawOwvpi W <� RLLJ O0ZNOWOWW. OW aw Na Oy mw Z — O I F W Jw W aNJ. UUwyZiEzZa'�zF MM W ZQ qy F- WO Q= J O N w W N Qf W m W W IND N O O¢ Y a. W fr LLI\ a xf-oo raoaoU 00"" :woowo oU ¢ z- w •.� �I 3�¢a� 000zm�Tm *<Wmmwxoxx CDo z�ma zZ Qz �._¢ Wo I o¢a ° �mwmro��- �aUl- F- of -v�F -r _z~ J¢UJ m� m0 WNWmO W�ZZ ZV OWD:� .(n -N 0 = W (n 1- J J W W HK ~0U W �M== O_ Zm W f 0� ZO zo } 0 ac Q Q K 00DW Z 0 2 OU N � R N U ¢ d ¢ 16F1 THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF December 3, 2008 1"I q Al a.. .. Flu 9 r F US s VS MIT I' v a 16 F3 MEMORANDUM Date: November 14, 2007 To: Mary Ann Cole, Emergency Management From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -316 Enclosed please find one (1) certified copy, of the referenced above, (Agenda Item #16F3), approved by the Board of County Commissioners on Tuesday, November 13, 2007. The Minutes and Records Department has retained the original document for the official records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosures 16 F3 RESOLUTION 2007 - 316 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. Reynolds, deceased, died testate, leaving the residue of her estate to a Trust previously created; and WHEREAS, the Estate of Della E. Reynolds has been 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 Board 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: 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 16 F-3 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 %_3 day of _ %v� N1 C rr)1) e 1' , 2007. ATTEST: DWIGHT E. BROCK, Clerk I)ftv Clerk 4a •r Apprpve, as as o� and s Le al g cwudq: Jenm er A. elp 'ch Esq. Assistant County torney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA r BY: J S CHAIRMAN ///1 -3 Item # t Agenda Date Date Re d �L�Z Deputy Clerk 16F4 THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF December 3, 2008 16 F5 RESOLUTION NO. 2007- 317 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 LOCATION SYSTEM, INCLUDING THE REIMBURSEMENT 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 NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part 1, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County 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 (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 Article III thereof. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan No. A -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 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 -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 Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (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 16 F5 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 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- 42. (D) The County desires to borrow an amount not to exceed $1,323,000 in order to finance a portion of the acquisition of Project A -42. (E) On June 26, 2007, the Board authorized Project A -42 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 determines that the provision of funds by the Commission to the County in the form of Loan No. A -42 pursuant to the terms of the Loan Agreement and the financing of Project A -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 the 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 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 -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 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. 0 16F5 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 L 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 determine 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 terms of the Loan Agreement. Loan No. A -42 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A -42 shall be 30 basis points or such other amount as Wachovia Bank and the County Manager shall agree. SECTION 5. AUTHORIZATION 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. SECURITY 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 terms 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 Commission, this Resolution shall be deemed to be and shall constitute a contract between (i) the County and (ii) the Commission and its successors and assigns (the Commission and its successors and assigns hereinafter referred to as the "Lender "). The pledge and agreements of the County herein set forth shall be for the benefit, protection and security of the Lender. SECTION 8. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and 5 16 FS 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 any one 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 /?A day of Alt.-e— k Fi P ) 7. (SEAL) ATTESV br ;ight:E: Brock, Clerk BOARD OF COUNTY COMMISSI OF COLLIER COUNTY, FLORIDA �e-- Deputy C1ftA.XtMe3j?'as to Chairman s ' jt*Aure W1. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: t David C. Weigel County Attorney M Vii, :. .,i . 16F6 RESOLUTION NO. 2007- 318 A RESOLUTION 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 PURSUANT TO THE TERMS OF THE LOAN AGREEMENT 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 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 NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part 1, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County Commissioners of the County. 16 F6 "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 Article III thereof. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan No. A -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 16 F6 "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 to be on file with the County and as the same may be amended or modified from time to time. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non -Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non -Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (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 16F6 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 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 determines 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 21 8.385(l), 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. M 16 F6 SECTION 4. TERMS 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 form attached to the Loan Agreement as Exhibit L The County Manager shall determine the date or dates of funding of Loan No. A -36 in accordance with the terms of the Loan Agreement. The Loan shall mature on such date as the County Manager may determine prior to the issuance of the Loan Note for Loan No. A -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 with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A -36 shall be 30 basis points or such other amount as Wachovia Bank and the County Manager shall agree. SECTION 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 Project A -36 since January 26, 2007 (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 -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 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 performance of all the terms, covenants and E 16 ,c6 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 any one 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 I � tWay of vvovv- c"-yz- 1 `� BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) By. A'I"i°EST: Dwight "E. Brock, Clerk D pd"ty:,Cleck Attest as to N;r�ta s sipature oat ■ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: , Ae d C, David C. Weigel County Attorney M 16F7 RESOLUTION NO. 2007- 319 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 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, CONSTRUCTION AND EQUIPPING OF THE FLEET MANAGEMENT DEPARTMENT FACILITY, INCLUDING THE REIMBURSEMENT 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 NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(6), 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. 16 F? "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 Article III thereof. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan No. A -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 A -44. "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 16F7 "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 to budget and appropriate such Non -Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (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 I6F7 I 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 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 portion 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 determines that the provision of funds by the Commission to the County in the form of Loan No. A -44 pursuant to the terms of the Loan Agreement and the financing of Project A -44 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 -44 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 -44, 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 16 F? SECTION 4. TERMS 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 Notes with respect to Loan No. A -44 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 -44 in accordance with the terms of the Loan Agreement. The Loan shall mature on such date as the County Manager may determine prior to the issuance of the Loan Note for Loan No. A -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 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 -44 shall be 30 basis points or such other amount as Wachovia Bank and the County Manager shall agree. SECTION 5. 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 September 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 performance of all the terms, covenants and 5 16r1> 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 any one 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 / 51�day of t1 vim_ bey zc BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) By: O.-V, ATTEST: Dw*kt�X�.•Bkock, Clerk .stgnatur� Daly APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 40-4 & David C. Weigel County Attorney 0 IAZA$� James Coletta, Chairman 16 F8 RESOLUTION NO. 2007- 320 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $4,693,000 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, CONSTRUCTION AND EQUIPPING OF THE GOLDEN GATE LIBRARY EXPANSION, INCLUDING THE REIMBURSEMENT 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 NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County 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 (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 Article III thereof. "Load" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan No. A -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 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 -43" means the costs and expenses relating to the acquisition, 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 Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non -Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (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 16F8 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 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 determines that the provision of funds by the Commission to the County in the form of Loan No. A -43 pursuant to the terms 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 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 -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 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 -43, the complexity of the transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the County to utilize the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes. • • SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No. A -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 determine the date or dates of funding of Loan No. A -43 in accordance with the terms of the Loan Agreement. The Loan shall mature on such date as the County Manager may determine prior to the issuance of the Loan Note for Loan No. A -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 No. A -43 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. Loan No. A -43 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A -43 shall be 30 basis points or such other amount as Wachovia Bank and the County Manager shall agree. SECTION 5. AUTHORIZATION 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 intent" referred 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. SECTION 7. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the making of the Loan by the Commission, this Resolution shall be deemed to be and shall constitute a contract between (i) the County and (ii) the Commission and its successors and assigns (the Commission and its successors and assigns hereinafter referred to as the "Lender "). The pledge and agreements of the County herein set forth shall be for the benefit, protection and security of the Lender. SECTION 8. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and W 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 any one 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 /VGve— b,,,- ,ZOo 2 (SEAL) — ATTEST;. "Dwj&E. Brock, Clerk Dep*,,Cl kAttesti as to CM ., Siij�ature 001" APPROVED AS TO FORM AND LEGAL SUFFICIENCY: A&MV ' II David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Ja es Coletta, Chairman BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE November 13, 2007 FOR BOARD ACTION: MISCELLANEOUS FFEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: Heritage Greens Community Development District: Meeting Schedule FY 2008. 2. Ochopee Fire Control District Advisory Board: Minutes of March 12, 2007; Minutes of February 12, 2007. 3. Port of the Islands Community Improvement District: Minutes and Agenda of August 10, 2007; Meeting Schedule for FY 2008; Minutes and Agenda of September 14, 2007. B. Minutes: Emergencv Medical Services Advisory Council: Minutes of June 27, 2007; Minutes of August 22, 2007. 2. Collier County Planning Commission: Revised Agenda for October 18, 2007; Minutes of September 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. Golden Gate Community Center Advisory Committee: Minutes of October 1, 2007. 4. Collier County Contractors' Licensing Board: Agenda for October 16, 2007. Forest Lakes Roadway and Drainage MSTU Advisory Committee: Agenda for October 10, 2007; Minutes of September 12, 2007. Bayshore Beautification MSTU Advisory Committee: Agenda for October 17, 2007; Minutes of September 12, 2007. Radio Road Beautification MSTU Advisory Committee: Agenda for October 16, 2007; Minutes of September 19, 2007. 8. Lely Golf Estates Beautification MSTU Advisory Committee: Agenda for October 18, 2007; Minutes of September 20, 2007. H:Data/Format 9. Isles of Capri Fire /Rescue Advisory Board: Minutes and Agenda of October 4, 2007. 10. Conservation Collier Land Acquisition Advisory Committee: Minutes of September 10, 2007. 11. Immokalee Beautification MSTU Advisory Committee: Agenda for October 24, 2007; Minutes of September 26, 2007 — cancelled due to lack of quorum. 12. Golden Gate Estates Land Trust Committee: Agenda and Minutes of November 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 May 21, 2007; Agenda and Minutes of July 23, 2007. 13. Collier County Parks and Recreation Advisory Board: Minutes of September 19, 2007. 14. Immokalee Local Redevelopment Advisory Committee: Minutes of September 26, 2007. a) Immokalee Master Plan and Visioning Committee: Minutes of September 19, 2007. b) Immokalee Enterprise Zone Development Agency: Minutes of September 19, 2007. 15. Pelican Bay Services Division: a) Clam Bay Committee: Agenda of October 17, 2007; Minutes of August 15, 2007. C. Other: l) Collier County Fire Review Task Force: Minutes of August 7, 2007. H:Data/Format 16 [1 A � :age Greens Community Development District Trent Services- 210 N. University Drive, Suite 800 • Coral Springs, Florida 33071 Telephone: ( 954)753- 58410• Fax: (954)755 -6701 September 24, 2007 Clerk of the Circuit Court c/o Dwight E. Brock 3301 Tamiami Trail East Naples, Florida 34112 Board of County Commissioners Collier County Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Dear Gentlemen: RECEIVED OCT 0 2 2007 Board of County Cemmi55iVners In accordance with Chapter 189 Florida Statutes we are required to provide to you at the beginning of each fiscal year a notice of our public meeting schedule. Notice is being given that the Board of Supervisors of the Heritage Greens Community Development District will hold their meetings for Fiscal Year 2008 at the Heritage Greens Community Center, 2215 Heritage Greens Drive, Naples, Florida, at 6:00 p.m. on the second Monday of the month as follows: October 8, 2007 January 14, 2008 April 14, 2008 July 14, 2008 If the Board desires to ineet more frequently, they will separately publish a notice of each meeting at least seven days prior to each Board meeting to include the date, time and location of said meetings. If you have any questions, please contact me. Sincerely, Sandra H. Demarco District Recording Secretary /shd Misc. Cones: Date: � Q T� Qj- item # _Lt 1�( rC l P<< to 1611 THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD MEETING HELD MARCH 12, 2007 In attendance were the following: Paul Wilson, Fire Chief John Pennell, Plantation Island, Advisory Board Member Mitchell Roberts, Copeland, Advisory Board Member Joseph Dillon, Port of the Islands, Advisory Board Member Macbeth Collins, Everglades City, Advisory Board Member MOU WITH BIG CYPRESS: N C-4 , E6VED OCT ? i? 2007 board of County t;ommissioners Chief Wilson said it is a Memorandum of Understanding actually on the agenda for the 270' with the Board of County Commissioners to sign off on we do this every five years with them. Basically they help us with brush fires and we help them with structure fires. There used to be equipment from them once and a while based on the MOU. Joseph Dillon asked what the MOU stood for. Chief Wilson said Memorandum of Understanding. Mitchell Roberts said and like you said it basically out lines if there's brush fires in the area if they can help you where you can help them with all their housing and structures. Chief Wilson said the Park Service, they aren't structurally rated Firefighters they don't have to let us come on their property but they prefer us to come on their property they prefer us to do the job and then in return they help us with brush fires and stuff like that no charge. They bring their buggies. Mitchell Roberts asked do they come into the Fakahatchee area. Chief Wilson said yes we've event gotten them out into the south blocks way out of their zones. As long as we say its endangering structures they'll come any where we ask them to. Mitchell Roberts asked any ideas on the numbers they keep a pretty good fire force during the dry season. Chief Wilson said during the dry season they keep any where from 15 to 20 guys out there. They've got three or four buggies to get you through the tight spots. Misc. Cones: Page 1 p Date: � l b.. 3 item 011,21 ` A t'ooies to 16 [1 A John Pennell asked did you ever do that burn on Plantation. Chief Wilson said no we haven't done it yet we've got other things going on we've had to put it on the back burner but maybe this week or the week after. John Pennell said he would like to be in attendance to make sure to see what it looks like. Chief Wilson said if you smell smoke come over. Chief Wilson said Collier Seminole lit one off last Friday and they can't put it out. It's too dry. John Pennell said I know when I saw that I said this isn't the right time of the year to do it. Chief Wilson said it is if you're in the right area but that is absolutely the wrong area because its swamp land. When swamp land catches off and a cypress head gets going you can't get it out. Joseph Dillon asked where is the center of that fire. Chief Wilson said it's just to the west of Miller Blvd. which is five miles from your place. Joseph Dillon said to the west of it. It seemed to me it was more in the distance. Chief Wilson said no it's closer than that it's only 5 miles to the west. You're 4.6 or 4.8 miles from Miller Blvd. and it's just another tenth of a mile to Vince Doerr's old access road back to his and Bernie's place. Joseph Dillon said you mean Miller Blvd Extension. Chief Wilson said Miller Extension you're just 4.6 miles or 4.7 miles exactly then you're another two tenths of a mile to where they lit off and can't put it out. Mitchell Roberts said now don't they have to get approval from DOF and get the permit number and all that too. Page 2 a 16il A 2 Chief Wilson said yes technically they do but they're park service and they're also the state so they really don't have to. But they're doing it in conjunction, they have an interagency prescribe fire team down and that's what they were doing. They're training burns for them. DOF has a tractor on scene to help keep the lines cut to make sure it doesn't jump into the Picayune Forest. But now they've got to worry about it backing if the winds change it could run out to 41. Mitchell Roberts asked how many acres are still burning. Chief Wilson said they're at 350 acres now. When they prescribe fire they can light it in the morning but it has to be out by evening or contained. This one is kind of contained but it jumps lines every once and awhile it creeps around. They're working on it. DOF GRANT: Chief Wilson said we've been successful with our DOF Grant we've be approved by the State we've picked up two more radios with DOF picking up 50% of the charge. Mitchell Roberts said they do that because you help with brush fires. Chief Wilson said yes and that we've also applied for the 90/10 Grant with them which they are the distributors and the controllers of the money hurricane relief money that the Federal Government money passes. It's a couple of thousand here and a couple of thousand there but its still money I don't have to spend. OLD BUSINESS: Mitchell Roberts said I guess they are still advertising or do they have the position advertised for Chokoloskee. Chief Wilson said yes. Mitchell Roberts said that's part of our old business. Joseph Dillon wanted an update on the POI Fire. I understand there's some change or update since the last CID. Page 3 16 i 1 A Chief Wilson said there's nothing that I'm aware of I heard Jean Kungle was up there saying things like if there is a merger the Fire Station will go away. The monies would be taken away from you guys and stuff like that none of that's happening. I talked to Tom Mack about that he was talking to me about some of the things she said in the CID Meeting. I really couldn't believe she would say that because I haven't talked to her in three months. I have no clue where she got that from. There hasn't been another meeting to discuss this merger stuff that I'm aware of other than organizational. We have two subcommittees and one of them was putting together an organizational chart of what it would look like if we were to merge. The next meeting is the 20`s when they're bring the union guys together if they can bring up what they think are issues. Then we might have another meeting after that just to see the feasibility is it even possible to bring all of this together into an organization or not. Joseph Dillon said he had heard a little bit about that. What he had more in mind was that he understood there was some progress in the property purchase. Chief Wilson said the property purchase I don't know. Tom didn't give me anything there just that they were going to move forward and purchase the property. They we looking at keeping half the cost and ask the County to buy the other half. I do know from talking to Tom that they met with Commissioner Colletta and there's another piece of property up there some where. That Commissioner Colletta suggested that the CID Board put a letter together and ask the County to buy it. Commissioner Colletta indicated that the County might be interested in buying it to build a building or something that could be used for a community center or a meeting place or a town hall. Joseph Dillon asked is that at the southeast corner. Chief Wilson said he didn't know it was the first time he had heard of it today and I've not seen it on a map. The only other piece that I know the board owns is right on the boarder line of the Fakahatchee State Forest and they're not going to give you any variances for anything. I heard it was too narrow to build on unless they've settled their differences with the guy that owns that section of property between there and the sign. The cays drive sign. I was updated about one part, apparently the letter that went from the real estate property to EMS in regards to quote un quote EMS buying that property and then considering leasing back to Ochopee Fire Control District and the people at the Port that I talked to were wondering how or who they should talk to insure that everybody understood they wanted a Fire Station and that if EMS wanted to come along as part of it that's fine but they want a Fire Station not an EMS Station. EMS is just a benefit. Page 4 16/1 A Joseph Dillon said but you people are crossed trained to some degree Chief Wilson said absolutely we carry AEDs and everything else. The only thing we don't carry is the drugs. With the new CPR standards the most important thing is to deliver those shots with in the first six minutes which we can because we carry the AEDs on every truck. Macbeth Collins asked are you talking about building a station at Port of the Islands and you don't know where to put it at. Chief Wilson said yes. There is a piece of property identified the Port of the Islands CID Board is working on purchasing it. They've offered up to the County to make half the purchase they want to keep half the rights to the property and they want to sell off the other half of the rights to the County for a Fire Station. But for whatever reason some body at the County for some reason keeps calling it an EMS Station. Macbeth Collins said so it's screwing everything up. Chief Wilson said yes it's causing confusion. The message they wanted to take to the Commissioners is that they wanted a Fire Station and if EMS wanted to come along that's fine but they were buying this and their intention was to deliver a Fire Station. Macbeth Collins asked would this be a part of Ochopee. Chief Wilson said yes it would be our Station. Joseph Dillon asked is that the CID position also. Chief Wilson said that's what my understanding is. Joseph Dillon said that would make sense they would want a Fire Station. Chief Wilson said The EMS folks can't cut your insurance rates in half but we can that's part of that ISO Rating. Joseph Dillon said if I had a chest pain .... Chief Wilson said as long as we can do CPR and deliver oxygen. Macbeth Collins said the Fireman is trained just like EMS does. Chief Wilson said yes pretty much you do have a Paramedic. Page 5 16 11 A 2 , Macbeth Collins asked actually the Firefighters are more qualified. Chief Wilson said well they have the cross training affect. Some of the EMS people have a little bit of the cross training. Don't get me wrong some of the Paramedics do a wonderful job but the bottom line is I don't care what uniform it is who ever is putting that little job on me and shocking the snot out of me in that first six minutes. I don't care what their uniform is just some body be doing that. It will all work out. We're actually starting a budget process this year that's going to start stashing money away for this Port of the Islands Station. Joseph Dillon said it sounds closer now more than ever. Chief Wilson said if I can make my budget work like I want it to work over the next three years we'll have our 1.2 million to build that station. Macbeth Collins said you got to get the land first right. Chief Wilson said well that's what CID Board is doing and they talked the guy down from $8 a square foot to $5 a square foot or something like that. They're putting out some $650,000 dollars. Macbeth Collins said say they closed tomorrow three years from tomorrow you would have a station there. Chief Wilson said that's what we're looking to do. We've always had it on the table that the moment they could produce some kind of housing whether it be the hotel give us a room and parking place for an engine we'll put the guys out there and they'll have their 24/7 protection. Because the moment that happens you can get your insurance renewed the Fire Department is on site and then the Fire Department is with in five miles of my house they call us to get a validation letter it's done. Your ISO rating goes to a 6 instead of a 10 and your home owners insurance is cut to just about in half. Joseph Dillon said we hope. Chief Wilson said it will. Joseph Dillon said that's good to hear. Chief Wilson said ten years ago this area right here just Everglades City it was over half a million dollars just on 650 residences $546,000 dollars. It does make a difference. Page 6 1691 A 2 Chief Wilson said there are only two qualifications is the Fire Department with in five miles and are there fire hydrants. That's the only two qualifications they have if you meet those qualifications and if you're already certified with in the ISO system which we are then you're good to go. Mitchell Roberts asked if the Station in Ochopee is being staffed. Chief Wilson said right now we're just using it mainly as a pull back station. We keep trucks there and we go there every day. The goal is to expand staff and currently they way we've got everything set up we have the equipment purchased for putting up a Port of the Islands or putting an I -75 Station together. The only left that I've got to do is the addition of personnel and with each station that comes up I just have to add three people and that will give us two man crews at each station with an on duty Lieutenant. So at this one it would be three, that would give us two at the Port and eventually two at another station. Our five year plan, it's over ten years, not this year or the next year but the year the building starts to get built that first year put on three, put on three and then put one guy on each year after that for nine more hires. Then we'll have the ability to have four two man stations or three, three man stations which is the optimum a three man crew. So we're doing everything that we should be doing the right way. There were people actually flabbergasted that we could do the budget process that we could have 1.2 million in three years so easily. Just making sure that our commissioners and everybody keeps moving forward in a positive manner and it will work out just fine. Mitchell Roberts said with this whole merger with the Fire Departments with the all Ave Maria and Big Cypress coming in the fixture the County is going to have to decide relatively early if it is going to have a County system or all these different municipalities cover their own. Chief Wilson said Ave Maria and The Big Cypress are both MSTUs like Walt Disney World they are the 2 "d and 3`d ever in the State. There are only three, Walt Disney World and those two. They can do anything they want they are fully governed to do what ever they want, fire, EMS, Water Plants what ever they want. Joseph Dillon said what is the third one? Chief Wilson said Big Cypress it's going to be right next to Ave Maria. Mitchell Roberts said it going to be about 20,000 acres developed. Page 7 161. Iii; Chief Wilson said Big Cypress is going to do the same thing as Ave Maria but its going to be all housing developments and shopping centers in the middle of no where. Joseph Dillon asked when is this going to happen Chief Wilson said it's already started. There is an adjoining Fire Department that is getting ready to build a 12, 000 square feet Station right on their property with 90,000 gallon reserve water systems just for the Fire Station. Mitchell Roberts said they're going to bring in an over pass between here and Naples, clover leaf or whatever. Chief Wilson said that's at Everglades Blvd. that's where they are talking about doing that. Mitchell Roberts said Mr. Collette made is sound that it was going to be on this side of it so they could in a way do something with the whole panther corridor so that traffic wouldn't have to be restricted any more than what it already is. Chief Wilson said I don't know how or what they are going to do. I just know from 29 to about 83 or 84 mile marker is the Panther Preserve and they are not putting anything there. The Everglades Blvd is at the 90th mile marker and that's where the exchange is supposed to go. At least that's what they're telling Ave Maria. Joseph Dillon asked is that on the internet some where. Chief Wilson said future development stuff. Joseph Dillon said he noticed they've always turned down a parallel road to some degree so you would have some access to 41. Chief Wilson said Everglades Blvd died in the middle of the Everglades restoration area so that will never happen to 41. But from I -75 going north to Immokalee Road and then some kind of cut over road that accesses the back side of Big Cypress and Ave Maria running to 29 is highly possible. Page 8 161 !` Mitchell Roberts said they are talking about four laning from 75 north on 29 potentially. Chief Wilson said yes they basically want to build a four lane corridor around that whole section because Ave Maria does have plans on shifting their football team down here too eventually. Joseph Dillon asked is there an issue for the Fire Departments to access 41 back and forth when there is an accident. Because in the last six months that road has been shut for four hours. Chief Wilson said no that's the way it's always been for the last 30 years I've worked here. You rerouting either occurs at 951 or at 29 or your stuck in the middle and you are stuck for hours. Mitchell Roberts said 41 from Ochopee to the Dade County line is just absolutely miserable I drive it to Homestead when I go back and forth to the base. Joseph Dillon asked in what sense, just a bad road. Mitchell Roberts said it is bouncy and during the raining season is holds a couple of inches of water and the cars stratle that center line to stay out of the ruts of water so you don't hydroplane you're passing mirror to mirror. Jack Pennell said isn't that Big Cypress. Chief Wilson said that's not so much Big Cypress because that's FDOT 41 it is a State High Way Jack Pennell said it's a Federal Highway. Chief Wilson said no it's a State Highway well it's a Federal and State you're right. But any way Big Cypress is getting ready to put in a new visitor's station and they're getting DOT money for it. It's low on the priority of paving because right now they are in the middle or paving 1 -75 from Collier to Broward. The first ten miles has been done on the inside lane going east and they were starting on the west side to come back towards Naples. But they already graded out the road and hauled it away and repaved new. Mitchell Roberts said the reason it's more important to me if 41 is closed well you got 75 then 41 becomes that vein across there. Page 9 16 ri Chief Wilson said it's one or our worst nightmares during the seafood festival. The Dade County traffic can be blocked from 29 to Turner River Rd. I've seen them blocked from 29 to Port of the Islands. Mitchell Roberts said just for the general safety factor of that road. Chief Wilson said that would be your Congressman could get that taken care of Chief Wilson said the only new business that he had was that he filled the Lieutenant position and that was Robert Campbell. He is our new Lieutenant for C Shift. We are still trying to get that new position switched to an Assistant Chief position but they feel it should be something else. It has to be a non -union position to hold an Administrative Office. A motion was made to adjourn the meeting seconded and was passed. Mitchell Roberts, Chairman Ochopee Fire Control District Advisory Board Member Page 10 161 THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD MEETING HELD FEBRUARY 12, 2007 In attendance were the following: Paul Wilson, Fire Chief John Pennell, Plantation Island, Advisory Board Member Mitchell Roberts, Copeland, Advisory Board Member Joseph Dillon, Port of the Islands, Advisory Board Member The meeting came to order at 7PM Chief Wilson ran the meeting until a new chairman is appointed by election and that will be the first order of business. Roll call of attendees took place. Chief Wilson said we are going to appoint a Chairman tonight do I hear any nominations? John Pennell nominated Mitchell Roberts and was seconded by Joseph Dillon the motion was passed to make Mitchell Roberts the new Chairman of the Ochopee Fire Control District Advisory Board. Chief Wilson turned the meeting over to Mr. Roberts. APPROVAL OF MINUTES Mitchell Roberts asked for a recommendation to approve the minutes. John Pennell made a motion to adopt the minutes. Mitchell Roberts said the minutes from the December 11 `h meeting are approved. FIREFIGHTER POSITION: Chief Wilson said we hired a Juan Flores after we posted the position for five weeks we only had five applicants only one actually showed up to test and he passed. He is on probation at this time he will have to take another test in three months time to finalize his hiring and that is Firefighter Flores. We'll still have another position that is posted currently that will be an in house promotion of Lieutenant due to Mr. Mitchell's retirement. We are currently taking applications on that. Page 1 161 p 2 Mitchell Roberts said he just had one question on that. On the pending position you said a few more months to get totally certified for the job. Is this someone that basically has had all the fire schools and is ready to start for the most part? Chief Wilson said he has all the fire certificates and training we have accepted his employment conditional to his passing the second half of his physical agility test. He had some problems on test day he's to recondition and try it again. Mitchell Roberts asked when he comes on board how that'll affect the shift. Chief Wilson said we're up to full staffing we don't have any over time occurring at this particular point in time. We're doing in house Lieutenant testing so we can have a shift Lieutenant for that shift in stead of an acting Lieutenant which has been Danny Morris until we get one hired. John Pennell asked have you gotten many applications. Chief Wilson said it just opened up Friday and I only know of one that's applied so far but we have just about every body in the Depart trying to take their FOI classes hoping they can get a shot at it but our requirements are they must have that certification before they can be considered for the job. That's presented some challenges I'm sure there. I can't help in the 2003 union negotiations I made it very clear that the FOI would be a requirement not an ability to achieve. Mitchell Roberts said some time opportunities happen fast and if you're ready you're ready. Chief Wilson said they've had three years to get it and there have only been two that worked on it and got it. The rest are involved in scrambling since October when they knew that Tommy was retiring out it takes six months to a year to get most of those courses. Starting next month you will be seeing Danny Morris our Acting Lieutenant should be in the Acting Chief s position for a little while. I'll be out for some major surgery for two to three months. John Pennell asked nothing serious. Page 2 1611 A 2 Chief Wilson said no they are going to try to fix my back from the August 1 st accident I had. I've been in light duty and they've tried everything in the world non - surgical it's not getting better it's getting worse. I went to the doctor last Thursday and he's pretty much said this is the only thing that's going to fix it. So that's what I'm going to do. He has asked Danny Morris to pick up in my spot. He's devoted to the Department and that's what I wanted for the position. Chief Rodriguez and his secretary our going to help Danny through the steps that our going to be coming like budget and so forth that he's going to need some help with. That's pretty much it I've got a couple of pages worth of notes for him and a couple of pages of notes for the Chief. They're going to just try to make things work. It should be ok. I will actually be available after about four weeks but only by phone and bed kind of thing I'll have to wear this huge back brace. Mitchell Roberts said the main thing is to get better so you can get back. Chief Wilson as far as your summary minutes if you'll notice I've done some updated changes to make sure so that the man hours being spent are now logged and recorded the calls are logged and recorded the inspections that we do are logged and recorded now. Under the administration side page two you'll notice some of the budget items there. We are trying to make an all inclusive report so if nothing else along as you read these you'll be able to get a pretty good idea as of how we stand. The back page is all the vehicles and their status and what condition they're in. It gives you a pretty good over view of the Department. So I would ask that you make yourself familiar with it because in the beginning Danny is going to have a hard time answering questions for you he might be looking at these to tell you where we're at. Bobby Campbell is doing our inspections for us he completed his test and successfully passed and he has been doing the inspections for the last two months. We have an in house inspector when we hire the one other position that we have available. My recommendations for the Personnel Action Report for the hiring process is a 15 year minimal qualification. Fifteen year minimum experience in the field with progressive management, Fire Instructor I & II with Fire Inspection to a level of Fire Marshal type standards. I'm just trying to get a guy in here that can pick up and run with the ball and keep going. Joseph Dillon said he had a question on this last sheet with the vehicles would you explain Attack 60 versus Engine 60, Brush 60, Tanker 60, Chief Wilson said those are the identifiers of the vehicles. Attack 60 was the green monstrosity that we drove for 10 years was our first responder out vehicle 500 gallon per minute mini pumper basically. Engine 60 is one of the new engines out here the Brush trucks are the big military trucks out there. Page 3 1611 Joseph Dillon asked what does the 60 stand for. Chief Wilson said that's our Station identifiers this is station 61 and Ochopee is station 60. But all vehicles will have 60 or 61 and as Port of the Islands comes on board it will be 62 and if 1 -75 comes on board will be 63. Joseph Dillon said so the definition of attack, versus, tanker, versus brush all differentiate the type of vehicle. Chief Wilson said type of vehicle and capabilities that's all. John Pennell said these repairs like the speedometer is that usually done by the guys out here. Chief Wilson said no our Fleet does some of the stuff but like these two brush trucks those old military trucks those odometers may function or may not they're mostly done by hours they're diesel engines. Joseph Dillon said 60 was Ochopee? Chief Wilson said 60 is Ochopee and Everglades is 61. That doesn't mean that they are assigned to those specific stations. You've got to understand when these numbers were brought on there was only Station 60 at one time. As we've transposed ourselves as we grow a little bit we'll be expanding things we actually have a brush 62 already but that's at Isles of Capri for their use until we loose one of these other trucks eventually down the road. Because we had the opportunity to pick up one for free so I snatched it but we didn't need it so we let them have it because they were too poor at the time. We have it by title so it's our vehicle. Joseph Dillon said so we have 13 vehicles. Chief Wilson said that's correct even the boat it included down at the bottom. The Cherokee out in the bay is going to be for inspections when it's over and done. The Inspector vehicle that's the expedition is going to be assigned to the Assistant Chief or Deputy Chief which ever the position is we end up hiring over the next little bit. That will be my replacement person when I'm out or gone or seminar or what ever is happening. We're pretty lean for the size of our Department. We also have to work under the auspicious that we are 40 miles away from any body so we need to have on site what we have to use because you can't wait 40 minutes for the next guy to come. John Pennell asked what ever happened to David he was going to write a letter about the merge. Page 4 16 11 p 2 Chief Wilson said that was the East Naples merger that's actually dead and gone. The only merger that's in affect right now or the looking at a merger right now is the Marco Island Fire has stepped up to the Board of County Commissioners and has asked them to look at taking them over. There is some discussion going on about the potentiality of merging all three Fire Departments into one as a County operation. It is strictly a discussion at this point in time. Mitchell Roberts said it was in the news last week. Joseph Dillon said can we talk just a little bit about firefighting in general or would that be too far a field. Mitchell Roberts said it could be brought under old or new business. Chief Wilson concurred. Joseph Dillon said there was quite an accident on US 41 on Sunday and I noticed an East Naples fire truck leaving the scene. It was between 92 and Port of the Islands that would have been this jurisdiction. Do we have vehicles that go there? Chief Wilson said yes we have vehicles that go there I don't know about that specific accident. They could have come as mutual response or we were already tied up on another call or they didn't have a place to turn around and they had to go all the way done to the Port to go back to where ever they had to go back to. With out looking at the logs I couldn't tell you but we can find out and let you know. Joseph Dillon said it seemed like a grievous accident but we saw nothing. Traffic wasn't going through it was backed up to Marco. Chief Wilson said he would check into it. OLD BUSINESS: Chief Wilson said the Seafood Festival went fairly well for us we did our normal routine with for us we had about eight calls total on Saturday with four transports and Sunday was kind of dead. Jack Pennell said if it hadn't been for Sunday it would have been perfect. Page 5 A Chief Wilson said Sunday actually cost them money. 16;1 Joseph Dillon asked your calls were typical emergency calls of chest pains that type of thing, fire or what? Chief Wilson said no small kid falling off a table cutting his chin. We had three lost children. We had a carnival guy that had chest pains. We had two or three calls on Chokoloskee that were heart attack calls. We didn't have any out side calls what I call perimeter calls which would be US 41, SR 29, 1 -75 corridors like the accidents. Like last year we had an accident with decapitation. Jack Pennell said that had traffic backed up for hours. Chief Wilson said we have a very affective working plan for it we have good Fire Department neighbors that help us out but we were ready for it. I've done this way for ten years now and it's been very affective plan and we've never run short. John Pennell said a lot of the season people that come do most of their looking on Saturday and then Sunday early they head out so they don't get in the crush. Chief Wilson said it has become a week long Festival for some folks. John Pennell said some too started to open up on Wednesday. Mitchell Roberts asked with Kent retiring last month how long of a process to get applicants to fill that position how long will it take. Chief Wilson said we just advertised and unless there is a word of mouth thing out there I couldn't tell you. Kent's been there for 10 or 15 years they may come out of the wood work and they may not get anything for a while like Copeland. John Pennell asked what are we looking for. Chief Wilson said it has to be on Chokoloskee. John Pennell said he would look around and ask around. He said he knows he could get some one from Plantation. Chief Wilson said he would like to get some one from Chokoloskee this way all the areas are represented. Mitchell Roberts said just kind of get the word out like people at the school and the community to get a few more in make the process moving a little faster. Page 6 16! 1 � G Chief Wilson said we are having an issue with the last one that's why I've got to talk to the mayor he is a commercial fisherman god love him he works hard I'm sure. But apparently a majority of the time you guys are meeting it's the majority of the time he's out fishing and he doesn't get in until 7:30 or 8:00 at night. Joseph Dillon said he would have like to pass again tonight. Chief Wilson said that is up to you. Joseph Dillon said no, no there's responsibility here first. Chief Wilson said I appreciated only because I needed to put my announcement out on the table to let you guys know you're going to see a new face and that you need to elect a new chairman which is what we should have done last month. Mitchell Roberts said as Chairman he will try to move us through relatively fast and try to keep us on track with stuff. Joseph Dillon asked about the Port of the Islands inspections Estuary compliance can you elaborate on that just a little bit and as to what to expect and what Estuary compliance was there. Chief Wilson said the Estuary is here in Everglades. Port of the Islands are just inspections. The hotel had a compliance inspection. Joseph Dillon said north hotel. Chief Wilson said not south hotel maybe I forget which. Joseph Dillon said the north hotel has signs advertising. Chief Wilson said it is the north hotel Mr. Matwambi he has a partial opening license. Joseph Dillon asked to what extent, for food, liquor, beds. Chief Wilson said no food just beds, he has no kitchen. Joseph Dillon asked what about liquor because he is advertising an open bar. Chief Wilson said that has nothing to do with us I don't know. Joseph Dillon said occupancy in that place might not be a fire condition. Page 7 Chief Wilson said he has the main hotel room area compliance approved that's all I can tell you anything outside of that area he is not allowed to do any more construction work with out permits he's not allowed to make any other improvements he can only work on the list of small items that were left under our inspection. Anything outside of fire compliance is code enforcement. Joseph Dillon said so he has complete sprinklers in there now. Chief Wilson said he has a complete sprinkler system in there now that passed its test everything. Joseph Dillon asked would the test be a particular sprinkler head sprays x amount of area then you have pressure in the line. Chief Wilson said yes exactly. We know by the type of sprinkler head how much distance it covers by a certain amount of pressure. Joseph Dillon asked the penetration unit# 14 at Port of the Islands. Chief Wilson said any where a pipe penetrates a wall it has to be fire caulked and what happens a lot of times when we see a penetration they'll be an open whole with a pipe through it they haven't sealed it. It goes through the dry wall then has to have a dry coat put to it. John Pennell said they make collars to put on there then pop it in then it has fire stuff in it the minute heat hits that swells out so it can't go from room to room through that pipe. Chief Wilson said basically the rule of thumb in the fire inspection is no exposed wood and no way to get to wood that's the goal. If you get to the wood it's in the interior of the wall that's why they started to make breaks in the studs to try and contain it by time. Joseph Dillon made a request to when we make reference to the hotels can we split them north and south. Chief Wilson said sure that shouldn't be an issue. Joseph Dillon said because list them specifically north and south so that we don't mistake this for that. That would help a lot. Page 8 16 �1 NEW BUSINESS: Chief Wilson said I think I gave you the only new business I can remember me going down other than these merger talks are moving forward and some time towards end of the month there's supposed to be some discussion between the Chiefs and Mr. Sommers. Marco Chief, My Chief or designee and Isles of Capri Chief hopefully to iron out some issues to see where it goes from there. John Pennell said he likes it, Marco Island, Isles of Capri and us. Chief Wilson said they're looking at how to do it. John Pennell said it seems to me it would sure be economical. Chief Wilson said well it depends Marco Island pays .55 mils on taxes if you jump them to two mils are they going to scream. John Pennell said they'll scream any way. Chief Wilson said there you go it's the City of Marco they're not a County entity. The City Manager and the City Council has to approve everything that happens on their end. This is just the very tip it's just talks and how can you make it work because there are still approvals and all kinds of things that have to happen. We're just all trying to stay positive and try to figure out how to make it work. If there's a way to make it work and go on from there. Mitchell Roberts said so the merger is between the Districts I guess over the next few months. Chief Wilson said on thing Mr. Chairman is that you are also the designee for the Fire Steering Committee Merger talks which is the County wide merger concept that's been under study by the Collier County Fire Chief's Association and Collier County Fire Steering Committee Group. Which is made up of all the commissioners of the independent Districts and you, Firefighter Campbell and myself are the three Ochopee persons basically they want a Chairman of the Advisory Boards, they want a Firefighter out of the union and they want a Chief Officer and that would be me. So that's the three representatives that go to that meeting every month usually. They haven't had a meeting in the last two months. It all broken down into groups, this group does stations and buildings this group is doing personnel, this groups doing benefits etc... they're trying to develop again the same tip of the iceberg how to make this go completely County wide not just this little group, this little group. There's a book this thick on how East Naples was going to do us but in the end East Naples could make happen what they initially stated they could. Page 9 1611 A L Chief Wilson told Mitchell Roberts that he needed his e-mail to pass on to them because the study group will contact him by e -mail as to when they're going to have a meeting. He said it's usually the third Wednesday of the month. Joseph Dillon said a potential Fire Station at Port of the Islands is in constant conversation the new thing is the CID (which is the Port of the Islands governing body) met Friday (CID Community Improvement District) there are five residents that run this. They run the water plant, roads, sewers and all that, they're elected officials, they're actually County Officials. Now is anything in concrete been made direction wise? Chief Wilson said no. Joseph Dillon said are we still smoke and mirrors. Chief Wilson said no not actually smoke and mirrors. Joseph Dillon said it is actually getting better. Chief Wilson said Tom Mack called me today and he's trying to get me to commit to insure that we will be paying the provisional use permit application processes and so forth that the CID attorneys are saying they need to move forward with because they take time to put into place but these things cost like $25,000. I had to inform him until the County's Real Property people tell us we can move forward I can't commit to anything. Because they and the CID Board have questions that need to be ironed out before any body it going to make a commitment about any thing that's the bottom line. Joseph Dillon said we're just dying for a Fire Station out there. Chief Wilson said so are we? We'd love to see that Fire Station there you guys would realize an instant savings in your insurance policies it would almost counter your millage rate. Joseph Dillon said we would hope so we would go from a 10 to a 4. Chief Wilson said no body that gets a letter from us has any problems getting insurance. Joseph Dillon said he heard the high rises went from three to two. Chief Wilson said he didn't know. I haven't seen any plans and until I see any plans I couldn't tell you what's going to happen because there was a ten now it's only going to be a nine then something else is going on. Page 10 Joseph Dillon said he heard there are two tens now instead of a ten, a nine, and a five. He asked if there was any fire protection needed for the RV Park accept for fire hydrants. Chief Wilson said no. Joseph Dillon said would hydrants be specific to that area. Chief Wilson said no there are hydrants located right behind the hotel just as long as they are within 1000 feet they're in pretty good shape. On the road that runs behind the hotel there are at least two hydrants. Joseph Dillon said going straight north from that point you'll probably go 2000 feet. Chief Wilson said right with out looking at a hydrant book I couldn't tell you for sure. I have not been in a position where I would have checked them all the guys do. Joseph Dillon said because if they proceed with that incidentally it's in the same vein as the fire station. Chief Wilson said right a big corporation owns it and whether they are willing to pay the money to come in here to do that work. Mitchell Roberts asked how many occupied dwelling there were at Port of the Islands. Joseph Dillon said a rough guess would be at least 800. Chief Wilson said 786 the last count I knew of but full time residents were only 114. Joseph Dillon said now Orchid Cove is going up that 40 building times four that's so 160 places potential 320. He said they have ERCs for 36 but the other four. Chief Wilson said they're only 480 units left to be built in this District. Joseph Dillon said there are forty slabs laid. Chief Wilson said I believe it. Chief Wilson said the developable property is going away. Joseph Dillon said I think this fills up the Port unless the RV Park doesn't materialize and goes to condos. Page 11 Chief Wilson said that property appraisal went up across the board. In the percentages we still have a 50/50 split between that and this area. But there is a high number of residences here but there is a higher number of high dollar residences there and that's what the difference is between the two. But this area is starting to se the re- development they're starting to see condos coming in. Joseph Dillon said the gap might start to narrow but right now the gap is racing through the Port. Chief Wilson said we go by percentages and the District's taxable value of $200 or whatever million it is and they we look at this area is the Port this much is here and then this creates a 48% this creates a 51 % or 52% of the income on the taxable values. I don't mean to be mean and I'm not trying to point any fingers or anything but you got $370,00 trailers that are sitting on the water over here that are being taxed at that rate which is the same as a brand new condo down at the Port. I don't know how they're doing it but they're doing it. The one piece of property that was proposed for us is at 5$ a square foot 1.9 acres and they're asking $640,000. The only thing I did tell Mr. Mack is that they were talking about paying a certain percentage of it and we're paying a certain percentage and EMS is paying a certain percentage of the purchase price because they want to retain some owner ship to get up a community building. More than likely if that is the route we're going then anything that occurs including permitting provisional use clauses and that kind of stuff will be spilt the same way. With out looking at anything I'm pretty sure that's the way it's going to happen. I've seen this before. I appreciate everything the CID Board is doing for us but they are going to enter into a contract with the County and the County says you put up 50% or you want to retain 50% ownership then you're going to end up paying 50% of whatever this stuff costs. In their eyes if you're going to want to use the building and want this much square footage for a community center then I would anticipate them saying then your share of the building cost will be this much. I'm not saying they will. Joseph Dillon said I wouldn't call it a community center that puts a bad title on it. There might be a facility to be used by other people but I wouldn't call it a community center. Page 12 Chief Wilson said that's the words they're using. There's a couple of designs out there. Two story design where the bottom bay floors where the trucks could be pulled out the doors dropped and air conditioned then it could be used for something like that. Some of them have come up with the idea that would he a storm shelter is out of the question. Its south of 41 that pretty much that's not going to happen. I can tell you that straight up. He asked Mr. Mack about a piece of property that the CID Board already owns and he tells me it's in litigation and the gentleman that owns the property next to it is willing to sell whatever square footage necessary to attach to the part that's already owned to give us the area we need which would be considerably cheaper than the $600,000. But I'm told they can't do anything because they are in litigation with this gentleman over the sign and they're disputing where the line is and the survey. The County Clerk takes care of all of that I'm not sure where all this thunder is coming from. Mitchell Roberts said once the people or the community that design or continue to design that community realize the worth of the property shouldn't really be in question in regards to protecting what's there may be things will happen. But in the mean time it's just the greed of the property value as you say per square footage. Chief Wilson said I started ten years ago with a very basic concept if I can save you community wide a half million dollars in your home insurance policy is it worth for you to put that piece of property to us. The next year you're saving half million and the next year you're saving a half million and the next year you're saving a half million. It's the same thing we told the developers if you think you're going to put a ten story high rise up first of all it's not going to happen unless the proper fire protection is there. Because if you're affecting the District that greatly the BCC will not permit it they will not let it go through. That was the point we were trying to make to the CID Board. You have the controlling factor there. They need to make sure they take control of that. Mitchell Roberts said I guess the good thing for the board until they actually want to build the super high rise there is really nothing for us to really worry about. Chief Wilson said again I will tell you straight up between half a million and three quarters of a million dollars per year in insurance savings alone for the residence. Joseph Dillon said that's interesting because we asked our insurance company if this Fire Station were not 15 or 20 minutes away but 1 minute away wouldn't that be a savings they said yes some savings they wouldn't commit. Page 13 161 Chief Wilson said they never commit the last study we did here in the City of Everglades when it went from a 9/10 to a 6/9 the savings for this area at the time was a half million dollars. There are three companies that will commit he sat down with one of the companies and got a quote from them, also a quote from an insurance broker out of town and another company as well. We were able to come up with three quotes and the average for the District was a half million dollars. The only people affected by the six rating was Everglades City, Chokoloskee, Plantation, Lee Cypress and Copeland that was the only area affected by it. Because Port of the Islands was too far away they couldn't get their rating reduced. The 32 units of Paradise Island the 10 million dollar Island project is up and running here. We are actually having to set up a special dispatch for them to make sure the dispatchers send the boat and get the police to go to the boat dock for anything that might need to be taken over there. Mitchell Roberts said it's called in through dispatch just based on the address. Chief Wilson said right now the people over there are saying we'll just meet them at the dock. Well first of all if you don't know which dock we're talking about. They had a call in December were there was confusion as to who was supposed to do what due to the actions of the caretaker on the island. Mitchell Roberts said a protocol has to be set up on that. Chief Wilson said I know what my protocol is going to be forget the addresses dispatch the boat. I'm telling the dispatchers not to accept we'll meet you there it's the boat is coming to you if you want to meet at the docks we'll meet at the island docks and then we'll bring you across there. If you're that sick we'll come to your house put you in a little cart and bring you to the boat and take you back across that way. Mitchell Roberts said as this area gets bigger it just causes confusion especially if you call the substation after hours and you have to go through main dispatch you spend so much time explaining where it's at if you could get in touch with the local deputies or what ever they could be there. Mitchell Roberts asked is this when you normally set up for the next meeting or do we leave it up to Linda now. Chief Wilson said it's the second Monday of the month always we tried accommodating board members and we went through a couple of years with things being hectic and crazy for every body so it was my position and my job to set the date as to this is it and that's the way they've been posted. The second Monday that's it there's no exceptions unless we agree to Christmas is coming let's do it the 3`d Monday or the ls` Monday. Page 14 16 �1 Mitchell Roberts said so the next meeting is going to be Danny Morris the Lieutenant will be in your spot. Chief Wilson said yes. We should be looking at March 12, 2007. He said we'll he firing a house on Plantation in the next two weeks. A motion was made to adjourn the meeting by John Pennell and was seconded by Joseph Dillon. The motion was passed to adjourn the meeting. Mitchell lloberts, Chairman Ochopee Fire Control District Advisory Board Page 15 1611 A 3 REOEI ED }C T �Qd� 13oH «] ,C iloum,Y Gen,missu,ne ,. MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: October 11, 2007 RE: Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Port of the Island Community Improvement District Port of the Island Community Improvement District has submitted the following items: a. Minutes of Meeting held August 10, 2007 Thank you \special\special misccwq Date: ;tern #11 1 uc s to 16 Port of the Islands Community Improvement District Severn Trent Services, Management Services Division 210 North University Drive, Suite 800 — Coral Springs — Florida 33071 (954) 753 -5841 — (954) 796 -0623 fax October 4, 2007 Memorandum To: Mr. Robert Dick 1007 Severn Trent Services, Inc. 5726 Corporation Circle Fort Myers, Florida 33905 Reference: Minutes of Meeting Held August 10, 2007 and Approved September 14, 2007 From: Calvin Teague District Manager Enclosed for your records are the minutes of the above - referenced meeting of the Port of the Islands Community Improvement District's Board of Supervisors. Please make this document available to the public during normal business hours. The following documents will be sent under separate cover as soon as completed copies are available: Resolution 2007 -6 A Resolution Relating to the Annual Appropriations of the District and Adopting the Budget for the Fiscal Year Beginning October 1, 2007, and Ending September 30, 2008, and Referencing the Maintenance and Benefit Special Assessments to be Levied by the District for Said Fiscal Year Resolution 2007 -7 A Resolution Levying and Imposing a Non Ad Valorem Maintenance Special assessment for the District for Fiscal Year 2008 If you have any questions, please call Janice Swade at (954) 753 -5841. Cc: For information purposes only: Clerk of the Circuit Court c/o Mr. Derrick Johnssen 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Mr. Jim Mudd Collier County Manager Governmental Center 3301 East Tamiami Trail Administration Building Naples, Florida 34112 jms 1611 Al ".;.:1V` MINUTES OF MEETING OCT 1 0 2001 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held on Friday, August 10, 2007 at 10:00 a.m. in the Egret Room, 25000 Tamiami Trail, Naples, Florida. Present and constituting a quorum were: Ted Bissell Chairman (Via Telephone) Dale Lambert Vice Chairman Norine Dillon Secretary Richard Gatti Assistant Secretary Richard Ziko Assistant Secretary Also present were: Calvin Teague District Manager Dan Cox Attorney (Via Telephone) Ron Benson Engineer Bob Dick Field Manager Robert Edge Field Operator Robert Migdal Severn Trent Services Tom Mack Staff FIRST ORDER OF BUSINESS Roll Call Mr. Lambert called the meeting to order and Mr. Teague called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the July 13, 2007 Meeting Mr. Lambert stated each Board member received a copy of the minutes of the July 13, 2007 meeting and requested any additions, corrections or deletions. Ms. Dillon stated on Page 11 in the second line of the fifth paragraph, $565 should replace $565, 000. l August 10, 2007 b Port of the Islands C.I.D. Mr. Lambert stated on Page 2 in the second paragraph not should be deleted for should be added after pay. On Pages 33 and 36 in the motion boxes, Fire should be deleted after Collier County and Commission should replace Commissioner. On MOTION by Ms. Dillon seconded by Mr. Ziko with all in favor the minutes of the July 13, 2007 meeting were approved as amended. THIRD ORDER OF BUSINESS Audience Comments Mr. Lambert stated I want to make a recommendation for future meetings. Since we do not have many audience members, I believe we should try letting them make their comments or ask questions at this point, as opposed to waiting until after we have made decisions and making them wait until the end of the meeting to speak. Mr. Mack asked will we discuss the fire department? Mr. Lambert responded I believe this will come up during Mr. Cox' report. Mr. Mack stated perhaps the Board can consider sending a letter to the electric company in order to determine why we have been having so many brownouts lately. Mr. Lambert asked are they causing any problems with our equipment since most of them appear to be instantaneous? Mr. Edge responded one of the brownouts lasted for I% hours, which started at 5:30 a.m. Mr. Mack stated the quick ones do the most damage. Mr. Lambert stated we have always gotten the quick ones since I have lived here. Mr. Ziko stated I do not have to reset the clocks when the quick ones occur. Mr. Mack stated I wonder whether or not there is a problem within the system which should be addressed. Mr. Lambert stated I do not see a problem if we send them a letter, but they have not given bad service, and I believe it is well within what they are required to do, but sending a letter may be worthwhile. Mr. Mack stated we can see how it evolves over the next couple of months, but I thought I should let you know. 4 August 10, 2007 A3 Port of the Islands C.I.D. Ms. Dillon stated I sent a note to Mr. Teague as to whether or not it makes sense to send them a letter asking for some indication as to what is causing this, but I am not whether or not it will change things. Mr. Lambert asked what is the Board's pleasure? Mr. Gatti responded I do not believe we should waste the time. Mr. Lambert stated I believe they are well within what they are required to do, and quite honestly I am surprised at the good level of service we get down here. We are always going to have power outages from time to time, and as long as the momentary ones are not affecting our equipment operations, it should not be a problem. Mr. Teague stated for clarification, we moved Audience Comments to the top of the agenda at the request of Mr. Lambert for this and all future meetings. Mr. Gatti stated I believe most audience comments are based upon our discussions and after listening to us, they may have more comments. Mr. Lambert stated my only concern is if they attend the meeting in order to comment on specific issues which we have already acted upon, everything has been resolved before they can comment. Mr. Teague stated some Boards I work with have two Audience Comment segments at the beginning and end of the meeting. Mr. Ziko stated some people attend the meeting with the intention of making one comment, and they are forced to sit here for four hours. Therefore, I believe we should also have Audience Comments at the end in order for them to be able to comment on what we just discussed at the meeting. Mr. Lambert stated we should set up this segment both at the beginning and the end. Since I am running this meeting, I recommend allowing staff to make their complete presentations before asking questions. FOURTH ORDER OF BUSINESS Public Hearing to Consider the Adoption of the Budget for Fiscal Year 2008 (Resolution 2007 -6) and Levy of Non Ad Valorem Assessments (Resolution 2007 -7) The record reflects the Public Hearing for adoption of the Fiscal Year 2008 budget opened at 10:10 a. m. 3 August 10, 2007 16 11 A' 3 Port of the Islands C.I.D. Mr. Teague stated I will go through highlights of the budget and we will address audience comments or questions. We made some changes. We took Fixed Assets out of the retained earnings for purposes of the budget in order to identify your status. The General Fund has a 5% increase in assessments, as requested at the last meeting. Revenue is grossed up. This year we broke down the Revenue to show it as a Contra or Negative Revenue, with a difference of $17,000 as a result of the prepaid gross -up. We have no capital projects, but we have $84,000 in Capital Reserves. The fund balance is projected to remain at $921,137, which combined with your budgeted reserves of $84,000, leaves you a reserve of just above $1 Million in the General Fund. Ms. Dillon stated it appears your management fees increased by 4 %. Mr. Teague stated it should be 3% %. Ms. Dillon asked is this indicated in your contract? Mr. Teague responded we typically include a cost of living increase. Mr. Lambert stated I believe there was a cost of living increase. However, I do not remember what index was being used. There is nothing indicated on our project list for the resurfacing and repair of the Stella Maris north portion of Cays Drive and the resurfacing on the north side back to the plant. How does this impact our budget? Mr. Teague responded anything added will reduce your cash reserves as the cash in the pro forma identifies what it is. The pro forma will be in the projections following the Water & Sewer Fund; and you will see a running total of what we are projecting. You have funds in the Water & Sewer Fund, which is your Enterprise Fund, but the estimated cash balance reflects the impact of the existing projects in the fund. We made a change as I was withdrawing from the fixed assets, and we thought you had approximately $300,000 in 2006, for which we estimated approximately $220,000 had been for the membrane system, and we reduced it. However, Mr. Benson confirmed this is not true. Therefore, approximately $200,000 must be put back into the expenses, but you are still in a healthy cash position. Mr. Benson stated I believe most of this occurred before the new water line, reuse water line and irrigation lines were installed. Mr. Teague stated this is reflected on Page 23 under WW -18, which shows approximately $661,000 for the 2007 Budget, and I believe we changed it to $998,000 because we thought $661,000 was a reflection of what was left from what was done in the 2006 Budget. 4 August 10, 2007 16 I Plirt ok Isla ris C.I.D. Mr. Lambert asked will those changes go into our official budget document? Mr. Teague responded we will make the adjustment along with the additional $25,000 to $30,000 which Mr. Benson gave me. We also need to adjust some of the $200,000 up front engineering costs which were not reflected. We take 15% of the total remaining balance from the engineering costs. However, most of the engineering for the membrane system is from 2006, of which we will be able to capture some of this. Mr. Lambert asked will any of these changes affect the end amount we are going to charge the property owners? Mr. Teague responded it will not. We increased the assessments for both the General Fund and the Wastewater Fund by 5 %. Your assessments for debt service are actually decreasing by 43 %, the savings is between $240 to $460 depending on the unit and the net result is a reduction in total assessments of approximately 15 %. The breakdown is shown on Page 11, in which the General Fund assessments will increase from $363 to $381, representing a 5% increase in debt service except for those containing no debt service. I am not certain why this is the case. It was either prepaid or there never was debt on this portion. There is a 43% reduction in each unit type; with Water & Sewer increasing from $1,020 to $1,071, which is a 5% increase in total assessments, in which there is no debt service to where it is as high as an 18.8% decrease. Mr. Ziko stated please explain the change in the debt service fund on an individual basis. I am in Phase 2 which shows $605 and $1,065, and my bond is paid off. Will this go to the interest payment which has to be paid for residents who have not paid off their bond? Mr. Teague responded that is correct. This also includes principal which is still proportionate since the bonds are being paid down. Mr. Ziko stated each I thought each bond was individual. Mr. Teague stated there is one bond, but the assessment is individual. Mr. Ziko asked why does this change in such a drastic manner? Mr. Teague responded Page 10 shows a reduction of approximately $14,000 in the interest due and $3,000 in the principal, for a total of approximately $17,000 from the last two payments which was not carried forward. 5 August 10, 2007 Port of the 3ands C.I.D. Mr. Lambert stated I understood a large amount of interest accrued as a result of the amount due on the RV property after it was finally settled which helped us reduce this, according to Mr. Cox. Mr. Teague asked is this correct? Mr. Cox responded when we had the various issues taking place with the bond and the lawsuits with the North Hotel, all four of those assessments were delinquent, and they incurred interest at a rate of 9% per annum, with penalties of 1% per month. When we collected all of the money owed from the North Hotel and the RV Park, we also collected those penalties which were applied against the principal balance and caused the reduction. It was a windfall for the District from all of the problems t we had collecting this money a few years ago. Mr. Teague stated your cash flow is solid. You will a have $964,000 fund balance in the General Fund going into next year since we pulled out the retained earnings, after you take $55,000 or $56,000 for capital reserves and $28,000 for CIP. You have $1 Million in CIP expenditures in the Enterprise Fund, and you are reducing the fund balance by $320,000. Therefore, you will still have $533,000 to $534,000 in cash at the end of next year. Mr. Bissell asked will all tax bills be identical to this year? Mr. Teague responded this is not the case since the debt service is reduced. Mr. Bissell stated according to Page 27 of our minutes in which we discussed this, you told us the taxable rate was going to increase. Mr. Teague stated a 5% increase was put in place which went into the capital reserves. Mr. Bissell stated we spent considerable time at the last Board meeting discussing this, and I thought it was clear we were going to collect the same amount of money in the next budget year as we did last year because we need the money for all of these projects which are coming up. Mr. Lambert stated I thought we did this by increasing the O &M and the Water & Sewer by 5 %. We are going to collect 5% more for each of those funds, thereby reducing the debt service. I am not certain of the exact calculation, but 1 assume it is close to what we billed last year. Mr. Teague stated the total billing will be less than what you billed last year. On Page 11, there is a 14% to 15% decrease in the total assessment after the two 5% increases. For example, the hotel's assessment on Parcel was billed from $2,100 to $1,790 and Sunrise Cay was on August 10, 2007 6 Port 't0- Islands C.I.D. billed from $2,127 to $1,805. The total assessment per unit is decreasing. However, I am not certain whether or not we were supposed to increase it by more than 5% to offset the decrease in debt service. Mr. Lambert stated we agreed to 5 %. Mr. Teague stated I believe 5% is an inflationary increase since nothing new is planned requiring a 197 Notice. What will the impact of a 10% to 15% increase be? Mr. Cox responded it is a function of what percentage of increase is going to take place unless there are factors triggering this requirement such as it being levied for the first time. However, it is a matter of factoring your incremental increases into your assessment level. Mr. Bissell stated I do not want to hear next year we do not have money for projects because we decreased our income. Mr. Cox stated you did not decrease your income. You decreased your assessment level, but your General Fund income, which is discretionary purchasing, is going to increase 5 %. Debt service money does not really count because it is not considered discretionary money. Mr. Lambert stated our working funds should be increased 5% over last year. Mr. Teague stated this will increase in both accounts. Mr. Lambert stated the big effect is debt service. Mr. Bissell stated I understand this and I hope it is reflected in the minutes. Mr. Ziko stated if you look at Pages 20 and 21, we are going to have approximately $1.5 Million in reserves at the end of Fiscal Year 2008. Mr. Teague stated this will be the case in both funds. Mr. Ziko stated we are going to have $964,000 in one and $533,000 in the other one. I believe this is more than adequate to take care of these $10,000 and $20,000 bills which come up. Ms. Dillon stated it gives us some excess funds in the event an emergency arises. Mr. Ziko stated we are going to have more than $2 Million in cash on hand in 2009. Mr. Bissell stated I understand this, but you are referring to a statement with figures, and this is not what happens. Mr. Ziko asked what else do we have to go by? Mr. Bissell responded we had a large carry -over which I brought up to the Board several years ago, but there is a smokescreen here. 7 August 10, 2007 fort of the Islands C.I.D. Mr. Ziko stated I can only go by the figures in front of me. Mr. Lambert asked what is the Board's pleasure? Ms. Dillon responded I am comfortable with 5% as it stands. Mr. Lambert asked are you uncomfortable? Mr. Bissell responded I am uncomfortable. Mr. Lambert asked what is the status of the property in which nothing was charged to O &M, but there were charges for Water & Sewer? Mr. Teague responded it is on the agenda for discussion. Mr. Lambert asked does this have to be resolved before we approve the budget? Mr. Teague responded it is not necessary. Mr. Lambert asked where does the Board stand with regards to adopting the budget? Mr. Teague responded a motion is required to close the public hearing. Ms. Dillon asked were you able to locate the contract? Mr. Teague responded I am not certain I have the correct contract since it is from 1993 and does not discuss money at all. Mr. Ziko stated it was superseded by the current agreement you are operating under. Mr. Teague stated Water & Sewer is a separate agreement. Has Severn Trent Management ever changed? Mr. Ziko responded it has. Ms. Dillon stated this was something I noted and I was not certain if the contract stated it was an automatic increase or whether the Board has to acknowledge or approve it, but I will check on it. Mr. Benson stated one item you mentioned earlier was completion of the paving project. I am not certain whether or not this was handled yet because I recall the project was indefinitely postponed until the Board decided to do the project. Therefore, this is not noted on the work sheet because they are off in the future as unidentified time. If you want to schedule this to be done within the next couple of years, the Board needs to direct the Manager and the Engineer. Ms. Dillon stated the Union Road paving project was delayed indefinitely because we did not know what Orchid Cove was going to do or the RV Park portion. Mr. Benson stated the section in the middle of Cays Drive and Stella Maris is also not reflected. August 10, 2007 1611 PSrt of the Islands C.I.D. Mr. Lambert stated we just need to give some direction of when we want to commence these projects in the future. Mr. Teague stated you can always amend the budget, but you cannot increase the assessments until you get to the next budget cycle. later. Mr. Lambert stated I believe the earliest time we will consider doing this is in 2008 or Mr. Benson stated I agree with you. I just wanted to ensure we were on the same page since we were waiting for the Board to decide. Mr. Ziko asked do we want to include something for this for 2009? Ms. Dillon responded this may not be a bad idea. Mr. Lambert asked does this affect the budget? Mr. Ziko responded it does not. However, it makes sense to have it in there in order to project road costs for 2009. Ms. Dillon stated we are only going to do this for Cays Drive and Stella Maris. Mr. Lambert stated I believe a small job is going to cost us more money, and if we can wait until Union Road is done, we will get a better price. If we are going to take this approach, we should have done it all at once. Mr. Teague stated you may want to have a work session with the Board, Mr. Edge, Mr. Dick and Mr. Benson in order to do some long range planning and consider the other projects you may want to include in the budget. There are higher cash flow projections, according to the pro forma on Page 21. After the 2008 budget is over, your reserves are going to increase, especially in Water & Sewer. You will be at $1 Million in 2009 and $1.6 Million in 2010, which does not include $1 Million in the General Fund. Mr. Ziko stated this will only be reflected if we keep it at the present assessment. Mr. Teague stated the rates must also stay the same. The revenue for assessments and the water revenue stay consistent through those two years. Mr. Benson stated the one issue which was not requested in the CIP budget is replacement of the water treatment plant. Mr. Edge, Mr. Dick and their crew are doing everything they can to keep it together and they are doing a good job, but at some point it is going to be a larger expenditure, possibly for 2010 or beyond. Mr. Ziko stated I believe this will be from a new bond issue. I August 10, 2007 Pouf the Islands C.I.D. Mr. Benson stated this is the Board's decision. It is a big number and we do not have enough information to project this as well as inflation for construction. There being no further comments or questions, On MOTION by Ms. Dillon seconded by Mr. Ziko with all in favor the Public Hearing for Adoption of the Fiscal Year 2008 Budget was closed. Mr. Teague stated you must approve Resolution 2007 -6, which adopts the budget. All of the numbers will be included in accordance with this adopted budget. Mr. Lambert asked do you want me to sign this for you? Mr. Bissell responded Mr. Teague is going to send the documents to me via Federal Express. On MOTION by Mr. Ziko seconded by Ms. Dillon with all in favor Resolution 2007 -6 Relating to the Annual Appropriations of the District and Adopting the Budget for the Fiscal Year Beginning October 1,2007, and Ending September 30, 2008, and Referencing the Maintenance and Benefit Special Assessments to be Levied by the District for Said Fiscal Year was adopted. Mr. Teague stated Resolution 2007 -7 authorizes the levying of the assessments. Mr. Ziko stated there are a couple of blank spaces on this resolution. Mr. Teague stated this information will be filled in from the adopted budget by our Accounting Department. Mr. Ziko asked will it remain basically the same as last year? Mr. Teague responded I believe so. Mr. Ziko stated we have an audience of one here right now, but I have a feeling residents may ask when this assessment is going to come off within a couple of months, which has nothing to do with the budget we just passed. However, it was projected into 2010, and at the same time we are probably going to be looking at major improvements on the water and sewer treatment plant. Residents were asking why it was still in effect last year. I believe 2010 is the sixth or the seventh year it will be in effect. 10 August 10, 2007 1611 A 3 Port of the Islands C.I.D. Mr. Lambert stated although it was discussed, I do not believe it was ever formally set at five years. Mr. Ziko stated the money was based on a five -year projection in the amount of $700. On MOTION by Ms. Dillon seconded by Mr. Ziko with all in favor Resolution 2007 -7 Levying and Imposing a Non Ad Valorem Maintenance Special Assessment for Fiscal Year 2008 was adopted. FIFTH ORDER OF BUSINESS Manager's Report A. Consideration of Resolution 2007 -8 Designating Pamela Rower as Treasurer and Robert Koncar as Assistant Treasurer Mr. Teague stated because of changes we have had in our structure, Mr. Koncar now being in the Coral Springs office and Ms. Rower being one of our top financial officers, we would like to have them appointed as the Treasurer and the Assistant Treasurer. This was previously held by Ms. Lamed and Mr. Goscicki. There being no comments or questions, On MOTION by Ms. Dillon seconded by Mr. Ziko with all in favor Resolution 2007 -8 Designating Pamela Rower as Treasurer and Robert Koncar as Assistant Treasurer was adopted. B. Consideration of Resolution 2007 -5 Removing Jan Zilmer and Designating Theodore Bissell as Trustee of the Money Purchased Pension Fund with Loring Ward Securities, Inc. Mr. Teague stated Resolution 2007 -5 basically changes the Trustee for the Retirement Fund for Mr. Stephens. Currently, Jan Zilmer receives a small compensation for doing this, and Mr. Bissell will do this at no cost. However, Mr. Bissell is going to make it a personal mission to talk to Mr. Stephens and convince him to take a buyout in order for us to be able to close this account. Mr. Ziko asked is the other employee included in this? Mr. Teague responded he took a buyout already. Mr. Stephens is the last one. 11 August 10, 2007 Port of the Islands C.I. On MOTION by Ms. Dillon seconded by Mr. Ziko with all in favor Resolution 2007 -5 Removing Jan Zilmer and Designating Theodore Bissell as Trustee of the Money Purchased Pension Fund with Loring Ward Securities, Inc. was adopted. C. Meeting Schedule for Fiscal Year 2008 Mr. Teague stated your meeting schedule is set up for the same time, which is the second Friday of each month at 10:00 a.m. Ms. Dillon moved to approve the Meeting Schedule for Fiscal Year 2008 and Mr. Ziko seconded the motion. Mr. Teague stated a motion is required because we are going to publish this as a formal action of the Board setting these meetings. There being no further comments or questions, On VOICE vote with all in favor the prior motion was approved. D. Discussion of Assessment Question for a Lot in the Name of POI Development Mr. Teague stated this is concerning the property which gets charged for standby water. I believe it is being charged this way because it is not anticipated to be a developable lot. Mr. Lambert stated their original plan called for a pool and I heard the condominiums intend on going ahead with this. Mr. Ziko asked are you cutting off this spot? Mr. Teague responded this is where I thought it might be. Mr. Lambert stated it is one piece of property. Mr. Ziko asked is the entire property not being charged? Mr. Lambert responded that is correct. I investigated this, and we have another parcel on the other side with a pool, in which it appears nothing is being charged for standby water and O &M due to some type of inconsistency. However, I believe it is all being absorbed by the individual condominium owners, since they do have water & sewer. I am not certain whether or not an error was made when the information was calculated or if the spreadsheet which is sent to 12 161 1 t' August 10, 2007 Port of the Islands C.I.D. the county was ever audited. For example, when the condominiums in the Villages of Stella Maris were sold from the developer to the owner, how did you know the parcel changed hands? Mr. Teague responded it goes to the county records. Mr. Lambert stated I am curious as to the reason there is no O &M charge on this parcel. I am not certain if this is an oversight or if it has to do with the way it was divided. Mr. Teague asked is there no O &M on the other pool area? Mr. Lambert responded that is correct. We should be consistent in how we are going to do this. Some of this may have to be distributed among the condominium owners in order to be consistent or else we need to add some O &M. Mr. Benson asked are you familiar with the lot we are referring to? Mr. Cox responded perhaps you can refresh my memory. Mr. Benson stated it is located in Stella Maris right on Cays Drive in which there is going to be a pool. Mr. Ziko stated it is the entire property which all four buildings are on. Mr. Benson stated I recall they have a certain number of assessed units and ERCs on the entire tract and the developer used up all of their allocated assessments for those parcels when they built the units. Although there was a potential amenity at one point, I do not believe they have an SDP allowing additional building because they used all of their allocations for assessments and ERCs. I believe the land in back of the building is their stormwater management system, but their SDP shows some type of amenity for the community. Mr. Lambert stated when I purchased my home I was told there was going to be a pool or tennis court there. Mr. Benson stated I believe this is the only type of structure they can build. I do not believe they can build a building? Mr. Lambert stated perhaps Mr. Teague can investigate and come back to the next meeting with a recommendation on how this should be handled. Mr. Teague stated we will look at the discrepancies between the two condominiums, and I will ask Ms. Karen Ellis to contact Mr. Cox and ensure the assessment methodology was applied appropriately. 13 August 10, 2007 Port of the Islands C.I.D. E. Discussion of Signage Mr. Teague stated this is the latest version. Mr. Ziko and Ms. Dillon told me they believe the Port of the Islands logo should be larger. I responded it is going to be larger than the curve. Mr. Ziko stated I prefer it to be larger than the curve, and dominate the top of the sign rather than have it recessed. Ms. Dillon stated perhaps it should be darker in order for it to appear more prominent than Resort and Waterfront Community. Mr. Teague stated you can choose the color, but I believe you asked for light blue. Mr. Lambert stated light blue was not the color we used originally. The color was more outstanding, but I do not recall if we decided to change them. I was under the impression we did not. I thought the other ones were more colorful and stood out better. color. Mr. Teague stated this might just be the printer. Ms. Dillon stated I do not recall the original signage having such a dark background Mr. Lambert stated it stood out much better. We should try to get the Board to decide today whether or not the sign for the arch is acceptable. I believe we decided to go with a three by six sign for Cays Drive and Union Road; and the hotel and marina entrance signs as shown here. Mr. Teague stated there are two signs in the median. Mr. Ziko stated I thought the signs were going to be four by six. Mr. Lambert stated we should decide today. Mr. Teague stated there are seven signs. The two larger signs at Cays Drive and Union Road will be two - sided; and there are two directional signs inside the property and the arch. Mr. Ziko stated this is only five signs. Mr. Teague stated the signs are double -sided at five locations. Mr. Ziko stated I want to see some of these signs moved over and made bigger to fill in the top of the arch more and make it proportionate with the rest of the signs because even though this was reduced in size, the lettering should still be larger than what it currently is. Mr. Lambert stated we need to give direction. Ms. Dillon stated last month we agreed the preference is four by six if it cannot be made larger. With regards to permitting, Mr. Ortiz said they cannot exceed 12 square feet. 14 August 10, 2007 16 11 Port of t3 Islands C.I.D. Mr. Lambert stated in other words, four by six is too large. Mr. Ziko stated three by six is 18 square feet. Mr. Teague stated I do not believe he would have sent the four by six if it was not permissible. However, we can go with three by six if it is not permissible. Mr. Ziko stated you cannot go with the three by six since it totals 18 square feet. Ms. Dillon stated perhaps this is an error. Mr. Lambert stated we need to verify this is the correct address. This picture shows 24998. I thought there was something out front which said, 25000. Ms. Dillon stated the Egret Room has the address of 25000. Mr. Teague asked do we need to change the address from 24998 to 25000? Mr. Ziko responded I wonder if 24998 is the address for the building in which the real estate office is located, and the hotel's address is 25000. Mr. Lambert stated I am not certain. Perhaps we should not indicate an address. Ms. Dillon stated I do not believe we need to include an address on it. Mr. Teague I assume you prefer Port of the Islands to be larger. Ms. Dillon stated I want it to be more prominent, either larger or darker, as long as it stands out more than the lower letters. Mr. Lambert asked do you want to wait until we see another picture before we make a decision? Mr. Teague responded he create updated pictures because he wants the proofs approved. Therefore, I will show them to everyone and ensure you are happy before I approve them. Mr. Lambert asked what else does the Board need to decide on? Ms. Dillon responded we need to decide on the color. Mr. Lambert stated these are not the original colors I recall seeing. Ms. Dillon stated I agree. Mr. Teague stated it may be because of my printer. Mr. Ziko stated I believe it is the proof he sent. I believe a sky -blue background is better. Ms. Dillon stated I do not like gray. Mr. Lambert stated I know we have seen copies with a different shade than this. Mr. Teague stated I will get a lighter blue. Mr. Lambert stated I want the shade which was shown at the last meeting. W August 10, 2007 Port o e Islands C.I.D. Mr. Ziko stated the one which was put on the monument is close to white. Ms. Dillon asked does he need this information for the permits? Mr. Teague responded I believe so. F. Review of Billing Cycles and Related Costs Mr. Teague stated you are trying to determine whether you should go with a monthly, bi- monthly or quarterly billing cycle. I found out there is still a cost for running the billing system along with the people supporting it. The only savings is the direct cost for paper and postage. Mr. Lambert asked why are there costs when nothing needs to be done with the account and the only cost you are dealing with is the information residing on the computer? Mr. Teague responded you still have personnel. Mr. Lambert stated they do not have to touch the account. Mr. Ziko asked is this the only account they handle? Mr. Teague responded no. Mr. Ziko stated I do not believe we should pay them to do nothing. Mr. Teague stated this is their cost. Perhaps I can see if Mr. Dan Daly will not charge for those off months. Ms. Dillon asked will you still be reading the meters during this period? Mr. Dick responded it can be done either way. Mr. Lambert asked why would the meters need to be read during a non - billing week? Mr. Edge responded doing it this way will help us to determine whether or not anyone had any problems, especially during a three month span. Mr. Dick stated the billing issue is separate from our contract. Ms. Dillon asked do you input data into this system? Mr. Dick responded after they are read, we will download the information into the billing computer in order to determine the level of consumption. Ms. Dillon stated they do not have to do anything with it. Mr. Dick stated they need a certain amount of information in order to send us the report unless we load it up from here electronically, in which case they can send us the report. Mr. Teague stated they must maintain a system there even though they are not sending out bills and they have staff members available to answer telephone calls. Mr. Ziko stated they have to be there anyway. 16 August 10, 2007 160 'f �d` jj Port of the Islands C.I.D. Mr. Teague stated they must be paid. Ms. Dillon asked is this all they do? Mr. Teague responded it is a billing department. Mr. Lambert asked does anyone have preferences based on this information? Mr. Ziko responded this is not a large amount of money. Ms. Dillon stated it is $5,000. Mr. Ziko stated we are giving these people $4,200 on a quarterly basis to be on standby. Mr. Teague stated we can see if Mr. Daly and his group will handle this. Mr. Lambert asked is this the group who previously handled this? Mr. Teague responded that is correct. Mr. Lambert asked will we be going outside of Severn Trent? Mr. Teague responded yes. Ms. Dillon stated they were going to increase their fees. Mr. Teague stated I am not certain how high they are going to increase their fees. Our billing department consists of a small staff within our organization. Mr. Lambert asked what is the Board's pleasure? Mr. Ziko responded since I am not in favor of giving them something for nothing, perhaps we should continue to bill as we have been. Ms. Dillon stated $4,200 per year is not a large amount. Mr. Ziko stated the bi- monthly cost is $3,100 and quarterly is $4,200. Mr. Lambert asked does the Board want to leave this as it is? Mr. Ziko responded yes. Mr. Gatti responded yes. Mr. Ziko responded we are going to leave it as it stands. Mr. Teague stated Mr. Dick probably has more influence than me since I am in Management Services and this is coming out of Operating Services. I have a couple of other billing issues which need to be straightened out. We have 781 bills and 1,905 accounts, many of which are outdated and should be deleted. We obviously want to keep the current accounts as well as the last tenant. Ms. Dillon asked are you referring to the water billing? Mr. Teague responded I am referring to the water & sewer billing. 17 August 10, 2007 Mr. Lambert asked will you send a bill with zero due on those? 3 Port of the Islands C.I.D. Mr. Teague responded there are 1,905 accounts on the system and we want to delete the ones which are no longer billed, but are still on the system. We want to have a policy in which we keep the current billing for the current tenants as well as the last tenant in the event we need any historical data. Mr. Lambert asked is there any legal reason to keep this information? Mr. Cox responded there are none which I know of. Ms. Dillon asked are there any which may be beneficial to the plant? Mr. Dick responded no. Mr. Ziko asked can you make this a permanent record on a CD after which they may be deleted? Mr. Teague responded this is possible. Mr. Lambert asked are you going to keep the last tenant? Mr. Teague responded that is correct. Mr. Lambert asked is a motion required? Mr. Teague responded the minutes should reflect the Board's consensus. Ms. Dillon asked where is the old data going to be kept? Mr. Teague responded it will be kept in the Sarasota office where the billing takes place. Ms. Dillon stated I worked for a large company in which this was done, and after a few years no one ever knew it existed which lead me to question why we were keeping it in the first place. Mr. Teague stated since every billing question goes to the Sarasota office, they should keep this information. The next billing item involves the water bills we are sending out for small amounts such as 8 cents, which does not make sense because we are just billing them in increments of ones and not thousands. For example, 1,000 gallons of water costs $2.33, and this is what we are looking at as opposed to billing out for each gallon. We prefer to send out bills for 1,000 gallons or more. Ms. Dillon asked what happens to the water usage? Mr. Teague responded they will get billed for it eventually. They may not receive a bill for two or three months, but as soon as the meter reads 1,000 gallons, they will get billed for it. 18 August 10, 2007 Port of the Islands C.I.D. Mr. Lambert asked will the only savings be for postage? Mr. Teague responded that is correct. The bill will not go out until you use 1,000 gallons. Mr. Ziko stated you were going to charge us 75 cents for a unit for not doing it from the beginning. Mr. Teague stated I am not completely familiar with the billing system. Next month Mr. Goscicki will be here and he is more familiar with this process. Mr. Dick stated it will reflect zero usage. Ms. Dillon asked who will see the savings? Mr. Dick responded it will prevent someone from receiving a bill for 12 cents, writing a check for this amount and mailing it back to us. Therefore, the customer will see the savings. It generated many telephone calls in which people were concerned when they were away and there was no usage. They received a bill for 10 cents and became concerned they have a leak. Billing in 1,000 gallon increments will reflect zero consumption for the other months. Therefore, I believe they will still receive a bill reflecting zero consumption. Mr. Lambert stated I will not have a problem as long as the bill indicates the resident does not have to send a check for 15 cents and they can easily understand it, especially since we have this new billing format. Perhaps you can come up with an example of how we can explain this to the users. Mr. Ziko stated perhaps you can indicate, payment not due until it exceeds $5. Mr. Lambert stated it will need to become part of the bill which is sent out. Mr. Teague stated 1,000 gallons is going to be at $5 because of the sewer and water charges, and irrigation water will be charged separately. Mr. Lambert stated perhaps you can put together an example for the next meeting. Mr. Ziko stated I received my first billing with the new format which I thought was acceptable. However, on the bottom it states, do not pay this bill; it will be automatically deducted. Why are you sending me an envelope to pay the bill if you are telling me not to pay it? Mr. Teague responded I can imagine it is easier not to because it is a false message to everyone who signed up for the bill to be prepaid. Mr. Ziko asked is the majority of the people having their bills prepaid? 19 August 10, 2007 Port of the Islands C.A. Mr. Dick responded I am not certain. Ms. Dillon stated most places no longer send an envelope. Mr. Teague stated I will check into this for the next meeting. There are currently no late fees charged for late payments on the water bill. Do you want to start charging them? Mr. Lambert responded I only want to do this if it is going to solve a problem if it exists. Do we have anything to fall back on? Mr. Teague responded if you have delinquent bills, I believe you can put a special assessment against the property or shut them off. Is that correct? Mr. Cox responded I believe you can shut them off. Mr. Ziko asked is 30 days the time limit for shutting them off? Mr. Dick responded that is correct. By the time the bill is due, 21 days already elapsed. Therefore, you are already into your second month of usage. Technically, we should be able to shut them off after 21 days, in which case you also have to charge turn-on fees. Ms. Dillon stated this should be reflected somewhere on the bill. Mr. Bissell stated I want to know how much time you will give them to pay the bill before the power will be shut off, especially for the benefit of the people away during the summer. It sometimes takes two weeks before we get any forwarded mail up here. Mr. Dick stated there is a five -day period following the 21 -day period after which you will receive a past due notice in the mail, if we determine we want to proceed. Mr. Ziko asked how does the billing department at Severn Trent handle this for other accounts? Mr. Dick responded a past due notice goes out if a payment has not been received within 21 days, and you are given five additional days. After those five days, the service is terminated. Mr. Teague stated a late fee is also charged. Mr. Ziko stated the past due notice will probably cost the same $1.75 which we are charging for the bill. Perhaps those who receive past due notices should incur a $5 penalty. Mr. Dick stated this is when the late fees and turn-on charges are reflected. Mr. Lambert asked do you want to put together a proposal for consideration at the next meeting? Mr. Teague responded we will do this. 20 16 ► to August 10, 2007 Port of the Islands C.I.D. Mr. Ziko stated perhaps we can get a flyer noting the advantages of having an automatic deduction. SIXTH ORDER OF BUSINESS Field Manager's Report A. Discussion of Billing for Electrical Repairs on Evening Star Cay Mr. Edge stated I will give Mr. Teague the address for invoicing of this repair on Monday. B. Review of Options for Instrumentation Mr. Edge stated Mr. Migdal will discuss this issue. Mr. Migdal stated I attended the June meeting in which I distributed this proposal to upgrade the electrical controls of the water treatment plant to a wireless computer system. If I remember correctly, the Board was going to determine whether or not they were able to fund this project. In the meantime, I was asked to put together a proposal to provide generator and power failure alarms as required by the DEP, and break this out of the original proposal. However, you may still be interested in the original proposal to do the entire project at the same time. Do you have available funds to do this? Mr. Bissell responded we have the funds. Mr. Lambert stated one of the problems we had with the original proposal was doing the entire project at once. I want to determine if this can be done in steps in order to get to the same end point without having to spend a lot of extra money because we did not do it all at once. Mr. Migdal stated I believe you want to do this in steps as well as save money, which can be done if the entire project is done at once. I am not certain whether or not this can be done in steps. Mr. Teague asked how long is this going to take if the Board approves it? Mr. Migdal responded it is going to take approximately six months. We can bill it in stages as each phase of the project is completed if the entire project is approved. Ms. Dillon asked will it be billed within six months? Mr. Migdal responded that is correct. Mr. Lambert stated I am concerned with the equipment which is currently in the building next to the water plant since there has been some deterioration there from chemicals. We may not want to put all of our controls there since we may be better off putting up a new building. I 21 August 10, 2007 Port of the Islands C.I.D. do not want to put everything in on location only to find out it was possible to put up a new building. Mr. Migdal stated we discussed sealing off the room where the high service pumps are located and there was something noted in the budget in which you were going to control the environment by air conditioning the room. Once this is done, I am confident there will be enough protection for the equipment because we are sealing off the chlorine gas as well as the line room; and we are air conditioning the high service pump room. I am not certain of the status of the air conditioning proposal, but it certainly should be completed before we install this electronic equipment in the room. Mr. Lambert stated if we put up a small building with climate control at the fire and irrigation area, what is the impact if we did all of this work for the irrigation system area? Mr. Migdal responded you already approved Examples #3 and #4 at the irrigation system. The plant is to install this equipment in the existing motor control center currently there. Mr. Benson stated a room or building is going to be built with this project this year and we can probably relocate it. Mr. Migdal stated this is possible since the area is not as corrosive as the plant itself. There really are no chemicals or corrosive gases other than natural moisture which attacks electronics. However, it is a small control panel which can be moved over there. We are installing the motor drives which are the most expensive parts. They cannot be relocated in this building since you will have to run the motor cables over and we cannot move the drives over there. However, we can move the controls over there since it is a small panel with electronics on it which can be extracted from the panel and relocated to the building fairly easily. Mr. Lambert asked will the drives remain in the motor control center with no climate control? Mr. Migdal responded that is correct. Mr. Lambert asked is there an advantage to having climate control for those? Mr. Migdal responded since they are electronics which heat up, air conditioning will extend their lives. However, I will have to take a good look at the motor control center in order to determine whether or not you can actually air condition the motor control center itself, but it is highly unlikely. Mr. Edge asked what temperatures can they handle? 22 August 10, 2007 1611 r I .3rt 4the Islands C.I.D. Mr. Migdal responded they have a temperature range, but moisture is the main factor and air conditioners extract the moisture out of the air to make it cool. Mr. Benson stated you can actually install heaters with some of this equipment which increase the temperature in order to reduce the humidity. Mr. Edge stated the humidity is the main problem. Mr. Lambert stated perhaps it is possible to get the building done in order for it to hold the motor controls and other electrical equipment. Will this involve an adjustment of your estimate? Mr. Migdal responded since we will have to run conduit and wiring into the building; relocate the controls and put them into the building, there will be an adjustment to my estimate. However, I cannot determine what it will be at this time. Mr. Benson stated the part of the project for the VFP was already approved and is being done. Is this part of the project going to be implemented at the pump station? Mr. Migdal responded no. Mr. Benson asked has the work been authorized for the project at the canal pump station? Mr. Migdal responded installation of the controls as well as installation of the VFPs in the irrigation system was approved, but the portion linking it back to the water treatment plant which is the radio system was not approved because there will be nothing to talk back to the water plant until this portion of the project has been complete. Mr. Benson stated the radio portion can be put into a climate controlled room if it is available. Mr. Migdal stated since the radio equipment needs to communicate with the controls, it makes sense to keep everything in one location. Mr. Benson stated in answer to Mr. Lambert's question, putting up a building at this location triggers all of the county permitting rules and site development plans, which I will discuss during my report. Once the building is built, it is going to take time because of the requirements in addition to the building itself. Ms. Dillon asked how long will it take to get an SDP? Mr. Benson responded an SDP can be done in approximately 2%z months. Ms. Dillon stated the permitting is part of the same project. 23 1611 August 10, 2007 Port of the Islands C.I.D. Mr. Benson stated we are still working with Collier County to try to minimize the work required, and we believe we will have the estimate by the end of December at the latest. Mr. Ziko asked how long after this will the building be functional? Mr. Benson responded we will need to get a contractor to build it once we have the SDP approval which involves the timing for the contractor to get his contract and insurance, as well as to get the material to build this part of the project which will take at least a few months. Mr. Ziko asked how does this fall into your timeframe? Mr. Migdal responded we are currently experiencing problems with the irrigation system, and there is a rush to get the controls in there as well as the VFP in order to get the system to function properly. Although rainy season has started, it has not been as wet as we normally expect. I do not believe you should wait three or five months to do this. I am shooting for the first two weeks of September to have this up and running properly, and I have been doing everything I can to expedite this schedule as a result of this existing problem. Mr. Ziko asked how much of a problem will it be to move this equipment into the building once it is constructed? Mr. Migdal responded I really do not believe it will be a major problem. The electronics are contained within a small panel which can be extracted and relocated to the building. The worst portion of this involves the interconnect conduit between the motor control center in which the electrical panel must be pulled out and relocated to the building in which you replace it in. You will have to run wiring and conduit between those two points. Mr. Dick asked where do you propose to put the new building? Mr. Benson responded it is going to be to the south of the fence for the canal irrigation pump station, which is closer to the road and we are going to move the fence to the south. The building is going to contain two rooms. One is going to store the chemicals and one is going to have monitoring equipment, which will also serve as the climate control and instrumentation room. Mr. Migdal stated if you are going to relocate those controls into the building, it will be helpful to me if Mr. Benson includes the conduit when the structure is built since he is going to have to get power and wiring into the building anyway. Mr. Benson stated we have to run controls to the pumps and control valves when we put in this new monitoring equipment. For instance, if the disinfection stops working and the 24 August 10, 2007 POJf the Islands C.I.D. chlorine residual gets low, it is going to shut it off unless we turn it into an emergency as we need the water anyway. There are certain things which have to be done, but it will be easy to run the conduit. Mr. Migdal stated Mr. Benson and I need to get together and discuss engineering of this plan for the future. However, I just need to complete my portion of the project as we proposed. Mr. Lambert stated I mentioned to Mr. Benson prior to the meeting we have to get some permitting done at the water & sewer plant. I suggested discussing with the Board today where we may put a building for equipment storage with the possibility of using the new building as an office. Mr. Migdal stated the controls, which is the main portion of Example #1 on the water plant, need to go as close to the high service pumps as possible because this is where all of the electrical equipment is and we must control it. I do not believe you will want the electronics in another building as you are trying to control these high service pumps. They all really should be in the same building and if you are going to air condition this environment in the water treatment plant where those high service pumps are located, those controls will be protected. Mr. Lambert stated the possibility of putting another building here in the future is not a major concern with this project. Mr. Migdal asked are you considering having the operator work out of this building? Mr. Benson responded eventually there will be a new water plant and Mr. Lambert suggests doing this in steps. Mr. Migdal stated the computer itself can be picked up and set into the new building. The only thing we will have to do is re -route the fiber optic cable which goes into a 2" conduit which can certainly be extended or the fiber optic cable can be made long enough for future expansion to be stretched over to another building in order to create another conduit. Mr. Bissell asked can you put a proposal together for consideration at the next Board meeting which will include information as to cost, size among other issues? Mr. Lambert responded I am not certain this is something Mr. Migdal will get involved in at this point. Mr. Bissell stated I cannot hear everything which is being said. Therefore, something must be done with our audio systems. Do you agree? 25 August 10, 2007 Port offhe Islands C.I.D. Mr. Cox responded you must have the microphone towards you or we cannot hear you at all. Mr. Teague stated I believe it is Mr. Benson you are not hearing since he is at the far end of the table. Mr. Cox stated we are having a difficult time hearing anyone other than the person in front of the microphone. Mr. Migdal stated we discussed this prior to the meeting today the possibility a piece of equipment can be purchased which is used for this type of speakerphone system. This equipment is not designed for a meeting like this. It is only designed for a one on one conversation. Mr. Cox stated I thought the problem was with the hotel's telephone wiring. We are going to have to look at the cost of rewiring this part of the hotel in order to accommodate installation of a directional microphone and speakers. I do not have a problem helping with the expense since I am probably the one who uses it two to three times per year. However, we probably should not do this until the hotel completes their renovations. Mr. Lambert asked do you think it is a good idea for Mr. Benson to create a footprint for a building to be used eventually as an office or storage area in order to have it as part of our plan and move forward when he commences working with the county on getting SVPs and other approvals? Ms. Dillon asked how long is an SVP good for? Mr. Cox responded I believe the Collier County code for approvals may expire after two to three years. It is less than five years, but more than two years. Mr. Gatti asked are you referring to a separate building from the wastewater treatment plant? Mr. Lambert responded that is correct. It will be used to keep the portable generator, the trailer, the mosquito buggy as well as some other equipment and materials. I am not certain how much longer the old area we are currently using for the office and laboratory is going to be good. Mr. Bissell asked do you believe the building should be elevated? Mr. Lambert responded we do not want it elevated to put a trailer or piece of equipment in there. 26 August 10, 2007 I6sg Port of the Islands C.I.D. Mr. Benson stated you can use the lower level to store equipment which does not require protection from potential flooding and the upper level can be used as the control room for some of the indoor functions. This is done by Collier County at some of their facilities. Mr. Lambert stated we need to start looking forward in order to avoid situations such as the one we currently have with this irrigation and pump system in which we may be installing equipment in an inappropriate location for storage. Mr. Ziko stated since this will probably be one of the major units of our new water treatment plant, perhaps we can fit a reverse osmosis system in the building to service us which is similar to the one Mr. Dick showed us at Golden Gate because I do not believe we want the line system there in the future. Mr. Benson stated you will more likely have a membrane -type of water plant. Mr. Lambert and I believe it will probably make sense to build a structure which can easily be added onto at a location closer to our wastewater plant, and allow the new building to be able to process equipment towards the location of the existing water plant and everything will be laid out where it makes sense for a unified system and ensure it does not impact the existing plant. The area for consideration is grassy with some stormwater retention as well as a holding area for sludge. Therefore, it makes sense to do this on a phased program and keep the existing water plant in use. The SDP is going to be for the storage tank at the wastewater plant while the work is being done. At this time we can estimate a square or rectangle for a building footprint showing the minimum typical elevations required for the permit and identify it as a phased program. A phased program allows you to extend the phases which are not built in the window of the SDP. There is also a process of extending the time for the next phase, in which case we can decide how far we are going to go for this SDP in the next phase. I intend to come back with a proposal at the next meeting, and I can include this information which will be a nominal cost for planning and permitting. Mr. Lambert asked should we give Mr. Migdal further direction on this control system or should we stay with what we already approved? Mr. Ziko responded I believe Mr. Benson and Mr. Migdal should coordinate on the project for the new building; proceed with what has already been proposed and approved for; and get it done as soon as possible. When it is time to relocate the equipment, we will move it to the new building which Mr. Benson is constructing. 27 August 10, 2007 cJ Port ofthe Islands C.I.D. Mr. Lambert stated perhaps we should consider moving forward with the other parts of this proposal which he gave us since it appears it is not feasible to break this down to three or four steps. Mr. Ziko stated we need to determine how much time we are adding if we include the rest of the proposal. I am aware the cost is approximately $150,000. Mr. Migdal asked are you referring to time or money? Mr. Ziko responded I am referring to both. How much more money is involved? Mr. Migdal responded it was $194,000 as of two months ago, which is past my 60 -day limit. I must check with my suppliers to ensure the electrical equipment has not fluctuated. I am certain it is not a significant amount, but I cannot be held to $194,000 because I only have a 10% margin with my suppliers which can be modified. Mr. Ziko asked can this equipment be modified and relocated to this new building which Mr. Benson is looking to design a footprint on if we authorize you to install and place now? Mr. Migdal responded that is correct. The only thing we are talking about is a computer. Mr. Ziko stated I am not talking about the pump station. I am talking about the water plant. Mr. Migdal stated the only thing I need to move into the new building at the water plant is a computer. Mr. Ziko stated you are talking about September for the pump station. What is the timeframe for the rest? project. Mr. Migdal responded I believe it will be a six -month period for completion of the entire Mr. Ziko stated I am in favor of doing this. Mr. Lambert asked can this be done? Mr. Teague responded yes. Ms. Dillon stated I agree we should proceed. Mr. Ziko stated I believe Mr. Edge should be included because much of this work is going alleviate the need to reset the pumps if something goes wrong in the middle of the night. We should work with Mr. Edge as closely as possible since he is going to be the main operator. Ms. Dillon stated the building is also going to be a new office for him. 28 August 10, 2007 16'11 rt of the Islands C.LD Mr. Lambert stated we will also need to schedule a workshop to discuss what this building really needs to contain. Mr. Benson stated if we show a square and a rectangle with one building as Phase I and the other building as Phase 2 and we are in the ballpark as far as square feet, it should be acceptable. We should ensure it is designed larger as opposed to smaller in order for it to reasonably fit the equipment. Mr. Ziko stated I agree it should be larger. Mr. Gatti asked what kind of a motion is required? Mr. Teague responded you need a motion to approve the proposal as submitted. Mr. Migdal stated it should include some variance to cover additional vendor costs, if necessary. I am also concerned I did receive confirmation on the air conditioning of the water treatment plant. Are there any plans to do this soon? Ms. Dillon responded I believe it is going to be done this year. Mr. Migdal stated this will affect my completion date as well because I do not want to set the electronic equipment in there without the environment being sealed up first. Mr. Ziko stated we only have a couple of windows in the building which have to be sealed off. Ms. Dillon stated it is stated in the budget this year for $2,500. Mr. Ziko asked the windows as well as the door must be sealed up in order to make an appropriate environment. Mr. Dick stated we can proceed since those are new windows and doors. He is sealing off the line room and the flooring room according to his proposal. Mr. Benson stated $2,500 covers purchase and installation of the air conditioning unit. If it is going to be used for the same purpose in five years, I recommend purchasing a more expensive unit. Mr. Migdal stated there are holes in the roof to extract the motors with metal plates over them which are splitting and full of openings. Those will have to be addressed before we can air condition the room. Even though the windows and doors were sealed up, they may need trim or threshold plates around them which is trivial compared to what is in the ceiling itself. A roofer can foam this over to seal up those areas which should not cost much, but this issue needs to be addressed. 29 6 August 10, 2007 Port of the Is ands C.I.D. j Mr. Ziko asked can this be done in a timely fashion? Mr. Benson responded I believe Severn Trent will take care of this in the budget. Mr. Lambert asked can you coordinate this with Mr. Edge? Mr. Migdal responded I will do this. The proposal will be revised and updated, and I will include a contract to be ready by the next Board meeting. If you approve it today, all I need to do is give you the revision and have someone sign it. Mr. Ziko moved to approve the revised and updated proposal dated June 5, 2007 from Severn Trent Environmental Services, Inc. to perform instrumentation upgrades at the wastewater plant and to authorize the Chairman to execute the Work Order. Mr. Dick stated this is important because the DEP has been contacting Mr. Edge every other week for an update on the generator alarm systems. Mr. Migdal stated this is included in the proposal. Mr. Lambert stated this is the generator alarm out at the well heads. Mr. Edge stated it is also the one for the water and sewer treatment plant. The canal is not part of this. Mr. Benson stated once you approve the work I recommend someone send DEP a letter stating we have a contract to do this work and we anticipate it is going to be done within eight months. Mr. Edge stated I actually spoke to Mr. Greg Kenny from DEP the day before yesterday and I told him know I would call him or write him a letter after today's meeting to let him know what we are going to do. Mr. Benson stated I recommend putting this in writing because they can force you to do it through a consent order which gives you a schedule as well as a potential penalty. Putting in writing the Board approved this along with what is going to get done, will meet their expectations. Mr. Lambert asked can you give us a scheduled timeline for this work? Mr. Migdal responded I can give you a tentative guide as to what is going to be installed first and how long it is going to take. Mr. Lambert stated we need to have an idea as to the process. Mr. Migdal stated absolutely. c August 10, 2007 Mr. Lambert asked is there a motion on the table? 3 Port of the Islands C.I.D. Mr. Teague responded the motion is to accept a revised and updated proposal and authorize the Chairman to sign the work order. Mr. Lambert stated the proposal is dated June 5, 2007. Ms. Dillon seconded the prior motion. Mr. Lambert stated I believe it is important for you to work with Mr. Benson, Mr. Dick and Mr. Edge as we proceed with this project. Mr. Migdal stated if we hold a workshop, I will be happy to get together with them. Mr. Benson stated we have communicated in the past from our office with these gentlemen on all of these projects. On VOICE vote with all in favor the revised and updated proposal dated June 5, 2007 from Severn Trent Environmental Services, Inc. to perform instrumentation upgrades at the wastewater plant was approved and the Chairman was authorized to execute the Work Order. C. Discussion of Landscaping Improvements on Newport Road Mr. Edge stated I am going to call Big Cypress and see if this is in their proposal or I will look at it myself to see if there is anything I can do if this is about the meter box. Mr. Dillon stated I believe this has to do with the proposal for the cement slab from Soto which was high, and you were going to try to convince them to decrease it. Mr. Edge stated they are not willing to decrease the price. A. Discussion of Billing for Electrical Repairs on Evening Star Cay (Continued) Mr. Ziko stated you did not discuss this issue. Mr. Edge stated I am going to give Mr. Teague the address to bill this repair. Mr. Ziko asked was the check already cut? Mr. Edge responded I believe Port of the Islands paid for it and we are going to request a refund from the Evening Star Cay Association, since it is not our responsibility. Mr. Ziko asked what was cut? 31 August 10, 2007 Poi of the Islands C.I.D:' Mr. Edge responded apparently Big Cypress or some landscaping company was working at the end of the cul -de -sac area on the east side of the road and they accidentally cut a small romex wire which connected all of those lights together, which caused a power outage. We had it repaired, and once I determined it was not our problem, we sent the paperwork to get reimbursed. Mr. Lambert asked are you working on seeking a reimbursement for us? Mr. Edge responded that is correct. C. Discussion of Landscaping Improvements on Newport Road (Continued) Mr. Lambert asked are we still at a standstill with regards to these improvements? Mr. Edge responded I will talk to Mr. Soto again as well as Big Cypress. I will also work out here and try to determine whether or not there is something I can do to get this taken care of. Mr. Lambert asked will you update us next month? Mr. Edge responded I will do so. D. Discussion of Weed Control Efforts by Soto's Lawn Service on Median and Along Highway Mr. Edge stated this was done yesterday. Ms. Dillon asked should we be cutting the grass on Route 41 or is this the state's responsibility? Mr. Edge responded I discussed this with Mr. Soto since I am confused as to what you are referring to. Perhaps you can give me some clarification as to the area you are referring to. Mr. Lambert stated we were mowing much of the grass along the state highway from Cays Drive to the west. I believe part of our agreement with the county was to maintain the area and we have put up trees and did other work along this area and it seems to look better. The state is only going to mow four times per year. Mr. Edge asked do you want Mr. Soto to continue? Mr. Ziko responded it depends whether or not there is a big addition to our contract for him to do this. Mr. Lambert stated it is already included for his maintenance of the median area. Mr. Ziko stated I believe we should leave things as they are, especially since the area looks good. Mr. Lambert asked do you have anything else to discuss? 32 August 10, 2007 111 P f the Islands C.I.D. Mr. Edge responded we met with Mosquito Control and they checked our equipment which is working fairly well, but is old. They suggested presenting to the Board the possibility of purchasing another mosquito machine. I do not believe it needs to be done this year, but at some point we need to consider it because of the age of our current machine. Mr. Lambert asked is there ever an opportunity to purchase one from the City of Naples which they auction off and may not be new, but better than what we have? Mr. Edge responded they auctioned off a machine recently which was slightly used as a demonstration model. Mr. Dick stated we can talk to Collier County or Lee County Mosquito Control. Mr. Lambert stated I remembered the City of Naples had an equipment auction recently. Ms. Dillon asked how much was the model? Mr. Edge responded it was close to $8,000, but is easier to use than the one we currently own. The one they proposed us to purchase sits at the back of a truck, and the cord and controls are kept inside the truck, which will actually start the motor and spraying from inside the cab. You do not have to touch the machine other than to fill it with gas or chemicals. Mr. Ziko moved to approve the purchase of a new mosquito control machine as discussed. Ms. Dillon stated we should check another one out first. Mr. Dick stated the flow rates coming out of the newer machines allow you to drive 20 miles per hour as opposed to 10. Mr. Edge stated I am going to investigate this further and update the Board next month. Mr. Teague stated you should bring your best proposal forward. The prior motion was cancelled pending further investigation by Mr. Edge for consideration at the next meeting. Mr. Lambert asked did we get the road to the wells trimmed back in order to be able to get the gas truck back? Mr. Edge responded this has been done. Mr. Lambert stated we need to clear this on an annual basis. 33 August 10, 2007 Port of the Islands C.I.D. Mr. Bissell asked is the company which was inspecting our landscaping going to do this in September? Mr. Lambert responded they are no longer part of our process. Mr. Bissell stated I thought September was the last one. Mr. Lambert stated we voted to do away with them a few meetings ago. Ms. Dillon stated it appears the water report is better this month with regards to water used versus water billed. SEVENTH ORDER OF BUSINESS Attorney's Report — Fire Station Update Mr. Cox stated I sent a letter back prior to the deadline to terminate the contract, requesting a long -term extension or notifying them we will ask to terminate the contract. Mr. Wanklin just returned from being out of town, and I spoke to him this week. The counter- proposal is to have a 90 -day extension which will include the inspection period and the closing. The inspection period will expire in October and the closing will occur in November. He intimated they will consider giving us extra time, if necessary. They are hesitant to give us a full one -year extension because they want to ensure we stay focused on getting everything done. I have not received the documentation with the proposal yet. However, he assured me this is where we stand with the contract. Mr. Lambert asked do we legally have a contract right now if we decided not to do this? Mr. Cox responded if you decided not to pursue this, you cannot get out of the contract. Mr. Lambert stated if we wanted to get out of the contract, is there anything we have to do? Mr. Cox responded at this point, he is going to send me a proposal extending it for a six - month period. If this is contrary to what we suggested in our demand letter which stated we will terminate the contract, we can reject this counter - proposal. Mr. Ziko asked is it six months or three months? Mr. Cox responded it is three months. Mr. Gatti asked do we have to put up any money? Mr. Cox responded there is no money involved. Mr. Lambert asked can we still back away from this in three months without any penalties? Mr. Cox responded that is correct. 34 August 10, 2007 1 tithe I rds C.I.D. Mr. Ziko stated in three months we can get another three -month extension. Mr. Cox stated that is correct. Mr. Bissell asked when does the county's next fiscal year commence? Mr. Cox responded they begin doing their budget in February. Mr. Gatti asked who else will want this property other than POI? Mr. Cox responded I believe they recognize they do not have anyone else who is going to be interested in this property. Ms. Dillon stated I want to know if there is any chance of reducing the price. The county asked us for a letter outlining what you had in mind and someone told us we cannot give them a letter if we do not have a contract for the land, which puts us in limbo with this issue. I do not believe we should extend the contract because nothing is going to happen with the county and this Board is not going to proceed with purchasing the land without some kind of commitment from the county. Mr. Mack stated the last e-mail I sent to the Board was from Mr. Colletta's secretary to Mr. Oaks and Mr. Summers. They stated communications must be through Mr. Summers, and they will discuss it next year if we have a better financial offer for them. I believe we currently have two options. The first one is to offer them the lease on the property for 30 years. At the end of the lease, they will own the property. We can possibly finance it through a special assessment. We will sign the 30 -year lease, they will commit to a 30 -year lease upon closing of the property, after which we will start receiving payments. This lease option is the only one we have with the county right now. They are not going to commit to purchasing anything. The second option is to wait for the trailer park which is going to be two to three years away. Mr. Lambert stated we are not certain they will have the funds to be able to staff a temporary station or the trucks. Mr. Lambert stated they have the trucks and before they sign a lease they will have all of those questions answered. Mr. Ziko stated I believe we should continue on a three -month basis. If it is not going to cost us anything, at least we will continue to have communications going with him. Mr. Mack stated I believe we should be able to get a better price because the property is not worth what we agreed to. 35 ,F August 10, 2007 Port o Islands C.I.D. Mr. Bissell stated there was a temporary shelter as well as a truck with one man. If this is going to be manned on a 24 -hour basis, where will they sleep? Mr. Mack responded they have a trailer with an awning for the truck. As far as I am concerned they are asking too much money for the property. Perhaps we should cancel the contract and negotiate for a possible reduction of $100,000. What is your opinion? Mr. Cox responded this is outside the realm of my expertise since I do not know the actual value of the property. Mr. Mack stated it was appraised at $250,000. There must be a figure which will satisfy both parties. I believe $450,000 is plenty to pay for property with no ERCs on it. Mr. Bissell stated property is not selling in POI. There has been a 25% decrease in asking prices and they still cannot sell. Mr. Lambert asked what direction do we want to take with this? Mr. Bissell responded I believe we should cancel the contract and we can renegotiate should money become available in the future. Mr. Ziko stated I believe cancelling the contract is the best way to go. However, we must maintain some contact with the county and the property owner since this is basically the only property out here we can work with right now. Mr. Mack stated we can still offer the county a lease for 30 years and see where they stand with it. Mr. Lambert stated we should get this contract taken care of. Ms. Dillon stated I believe we should cancel the contract and send a letter to the county outlining what we have in mind. Mr. Gatti stated I want to know how we go about cancelling the contract, or determine what will happen if we allow it to expire. Mr. Bissell asked are we technically still going along with the agreement of their asking price if we cancel the contract? Mr. Gatti responded if we cancel the contract, we need to get ourselves in a position to let this gentleman know his price is too high. We should not be in a hurry to do this. I think we should back off and let them come to us with a price. Mr. Lambert stated I believe we should let the contract expire and keep in contact with the county and the owners. tg. August 10, 2007 1611 Mr. Teague stated a motion to this effect should be in order. Port I Islands C.I.D. On MOTION by Ms. Dillon seconded by Mr. Ziko with all in favor the contract for purchase of the fire station property to be allowed to expire was approved. Mr. Cox stated I talked to Mr. Vogel about a couple of issue which came up over the past couple of days. The first deals with the area between the walls where the signs used to be. He is going to give me final answer on this and it appears it is not going to be a problem. There were some comments with regards to commencement of the water line relocation. I confirmed with him they did not receive any of their utility plan approvals, but they attempted to get this done. Therefore, they re -did their submittal and should have something in the next few days which will include the water line relocation. They cannot really do anything until they get those approvals. With regards to the road payments, they are aware the bill is coming from the contractor. Mr. Benson stated with regards to their overall Collier County approvals, I already sent a letter to them approving their utility plans. Mr. Cox stated they need all of this before any work can commence. Mr. Mack stated I still recommend a letter from the Board to Mr. Summers stating our position with this property along with offering them a 30 -year lease based on the cost of the property, and at the end of the 30 -year lease they may take possession of the property. I need this in order to keep communications going. Mr. Ziko stated I am not in favor of the county getting a 30 -year lease from us or us committing to a 30 -year basis when they already have the need for a fire station here outlined in their future planning by 2010 or 2011. I do not want to commit myself to the county right now. Mr. Mack stated this appears to be positive for us if we purchased the property and they pay for it. Mr. Ziko stated since we just cancelled the contract, I believe we should let this sit for a while. I do not believe we need to send a letter to the county right now. Mr. Mack stated the county asked for a letter. Mr. Bissell asked did the company purchase it from the individual with a 30 -year lease? Mr. Mack responded the owner will not lease the property once they sell it. 37 3611 August 10, 2007 Port of the Islands�.I.D. Mr. Ziko stated I do not want to get involved with the county on a 30 -year lease right now. Mr. Bissell stated I agree. Ms. Dillon stated the only advantage to sending a letter is to keep the door open with regards to the fire station. The letter will not offer this leasing, but it will be generic and can state we are looking at ways to accomplish this with the possibility of leasing. We should have something in writing to the county because if we do not voice our opinion when next years' budget is done, they are going to be looking at us. Mr. Lambert stated I believe we can delay sending the letter until next month because once it is sent there is going to be a huge debt period. Mr. Mack stated it already has been delayed. Mr. Lambert stated they are not going to do anything now. Mr. Ziko stated we have nothing to back up this letter. Mr. Mack stated I can negotiate with these people at anytime to purchase the property once we know we have a firm commitment from them. This is what I am asking for. Mr. Lambert stated since the Board has not indicated a preference, we will move on. Ms. Dillon asked did you ever speak to anyone at Orchid Cove? Mr. Cox responded I spoke to them and we are still working on this. We may have something at the next meeting. SEVENTH ORDER OF BUSINESS Engineer's Report Mr. Benson stated with regards to the fire hydrants on Newport Road, they must be set 18" off of the ground from the center of the discharge down to the ground according to state sanitary requirements. Collier County utilities must be at least 18 ", but not more than 24 ". I checked the two hydrants which stick out on Newport Road. One is 31" and the other one is 26" above the ground. The extension piece does stick out. We recommend authorizing Severn Trent to contact the landscape contractor and have them put some dirt and sod around those hydrants which will be keep them within 24" and they will look better. The hydrant which sticks up at 31" is one of the oldest hydrants we have. I suggest replacing it sometime within the next year as part of our general replacement program. In the meantime, putting some dirt inside will take care of any concerns for appearance there. Mr. Lambert stated you should pass this on to Mr. Edge. 38 August 10, 2007 Ms. Dillon stated these hydrants are also not painted. 3 ll 1 Por3the Islands C.I.D. Mr. Benson stated we need to determine who will agree to paint the hydrants. The highest one is red and I believe the other one is yellow. Mr. Ziko stated I believe there are five hydrants which are more than 24" off of the ground. Mr. Benson asked where are they located? Mr. Ziko responded if you start with the ones you just described on Newport, there are five hydrants down to where Mr. Gatti lives which are like this. Mr. Benson stated I measured them and I do not believe they are much more than 24" high. I suggest putting some dirt and sod down to make them acceptable. In the long run, we can replace one or two hydrants per year. Mr. Lambert stated we will try to do the suggested landscaping on them. Mr. Gatti asked are all of those hydrants on our property? Mr. Benson responded they are in your right -of -way. A. Update on Paving Punch List Compliance Issues with Better Roads, Inc. Mr. Benson stated we sent a letter and communicated with the contractor, after which he repaved the northbound lane of Newport where there were some questions. He did more than we would have asked for over there. Mr. Gatti asked did he get paid for the asphalt? Mr. Benson responded he did not. He was satisfying our request. He could have re- rolled some of it, but he basically re -paved it in order to ensure we were completely satisfied. He has to take care of a few areas in which stop bars are missing where the Stop Signs will be and there are a couple of parking space lines which need to be replaced since he paved over them. He is going to take care of these issues next week. Mrs. Rodgers mailbox also has to be replaced. Both our office and their office have been trying to contact her. I talked to her a couple of months ago and again a few weeks ago, and I promised her it will be taken care of. We received a request for the final payment, which we told them will be paid as soon as these last few items are done. We also told them the paving which was to be reimbursed by the South Hotel developer was not submitted. We agreed to take care of this, and I expect to send a recommendation of payment of their final pay request to Mr. Teague within the next few weeks. The total will be close to the contract amount which includes the work the South Hotel is paying 39 August 10, 2007 Port of the Islands C.I.D. for. Once the hotel pays us it will be under the actual amount we contracted with them for because there are a couple of items which did not need to be done, but were put into the budget to ensure everything was covered. We also put in an allowance for anything we decided to add to the project once it got started. Mr. Lambert asked are we coming to a conclusion? Mr. Benson responded we are going to have some extra money remaining. Mr. Ziko stated the yellow striping on the road from Cays Drive to Route 41 is nonexistent because it is worn off. Can we get them to continue the striping in this area? Mr. Benson responded when they come out to do some striping I can ask them to do this and we will pay them for it. Mr. Ziko stated this is not going to be paved for approximately two years. Mr. Benson stated we add this extra money for allowance of these projects. Mr. Lambert asked what about center line striping on Venus Cay and Sunset Cay? Mr. Benson responded these areas were not striped originally. Mr. Ziko stated it is just the striping on the pavement down both sides of the median on Cays Drive to Route 41. Mr. Benson stated Cays Drive was striped down the center and the roadway with four lanes in the area of the condominium units should have a white stripe. Mr. Lambert asked can this be taken care of with no effort? Mr. Benson responded there is an allowance in the contract to take care of these issues. THIRD ORDER OF BUSINESS Audience Comments (Continued) A Resident asked I am a unit owner here and I have a comment. The Stop Sign coming out of the hotel is the only one at all of the corners and I have come close to being in two accidents. When 1 come in from Route 41 there is no Stop Sign and the people coming down Newport come straight out. Therefore, I believe there should be a Stop Sign over there. I understand we used to have Stop Signs there, and I am not certain who told the hotel to take them down. Mr. Lambert asked are you saying we should have Stop Signs for the traffic going on Newport Drive? 40 August 10, 2007 16 11 1 of the Islands C.I.D. The Resident responded the Stop Sign should be coming out of the hotel. If you are in the back coming from Sunset Cay and you are coming up straight along Route 41, there should be a Stop Sign at this point. Mr. Mack asked are you referring to Newport traffic? The Resident responded I am referring to Newport going to Route 41. Ms. Dillon asked do you believe this should be a two -way stop? The Resident responded that is correct. Ms. Dillon stated I recall a Board meeting a while ago in which it was suggested to leave Newport clear and have the Stop Sign at the hotel. The Resident stated there are also trees which are so high you cannot see around the corner, making it dangerous. You must be extremely careful. Mr. Lambert stated if the hotel wants to put up Stop Signs going out of their property, it is up to them. The Resident stated they already have one. Mr. Lambert stated we will have someone look into this. The Resident asked can someone trim those trees in the middle? Mr. Lambert responded they do not belong to the CID. Ms. Dillon asked are you referring to the trees on the road to the hotel? The Resident responded I am referring to the trees on Newport. Mr. Lambert stated we will check on this as well. Mr. Benson stated I believe the hotel property does have Stop Signs. Traffic signs on individual properties are governed by Collier County through the SDP process. EIGHTH ORDER OF BUSINESS Engineer's Report (Continued) B. Discussion of Project Tracking Form Mr. Benson stated I filled in the status and some estimated dates on this list which I distributed. I met with SFWMD with regards to the canal pump station. The local office is supportive of our request and gave me an Application for a Right -of -Way Permit as well as a Waiver of Right -of -Way Regulations. The two forms are necessary because we have some rights on the same property, but since they also have either ownership or easement, we must get their approval as part of this process. I believe the right -of -way permit is $650 and I do not recall the cost of the Waiver permit. However, I estimated approximately $1,000 for application 41 August 10, 2007 `_\ Portle Islands C.I.D. fees. We will fill out the forms; pay the fee and get reimbursed from Mr. Teague. There were never any approvals from the District allowing us to build there. However, this is acceptable to them and they are in concurrence to where we want to build the new expansion facilities. We inquired about raising the weir in the past. They reminded me raising the weir requires a DEP permit since they regulate this. They have no intention at this time of raising or repairing the weir. They have a long -range project identified for repairing the weir, at which point they may consider raising it, but they reminded me not rely on this because part of this is going to relate to the entire project upstream after which everything will have to be monitored in order for them to determine what is needed in the future. I reminded them sandbags were placed on the weir during dry season at some point in time many years ago which was not done by SFWMD or Big Cypress. They told me if POI wanted to do this, they can probably enter into an agreement allowing the CID to place sandbags on the weir at our expense at the risk of a potential liability. Residents can also petition them to consider raising the weir sooner. With regards to the sandbags, the CID can send in a request to grant us the right to be responsible for putting up the sandbags and taking them down, regardless of the potential liability which may be associated with this, which Mr. Cox may want to address. Ms. Dillon asked why do we want to do this? Mr. Benson responded they are not going to do it, but they will prompt the local office they will go along with it if we made the request. Mr. Teague stated Mr. Agnelli sent a lengthy letter upset about the irrigation water which is killing his plants. He asked if we were going to pay for it, and my position is we do not guarantee the quality of irrigation water. Mr. Ziko stated we are getting salt in there because the tides are backing over, which is an Act of God. Mr. Dick stated we used sandbags once and they did not work. Mr. Benson stated we briefly discussed the SDP for the fire and irrigation pump station. We spoke informally with Collier County Community Development and Environmental Services with regards to their requirements for an SDP since there has never been one on this facility. Our estimate at this point at the lowest end is at least $5,000 for our fee to an excess of $30,000 which is just for the permitting activity. I will bring a proposal to the next meeting since it is such a large range. At one point they told me it may cost as much as $50,000. When we bring 42 August 10, 2007 1 0 Iortbf the3ands C.I.D. the proposal we will plan on trying to make the submittal, for a minimum of 2% months to complete the process with the county. Our goal is to have this SDP in hand by the end of the calendar year. We can have the project built and completed by next June. We will keep you informed at the next meeting. With regards to the project for installation of the equipment which was purchased one or more years ago at the wastewater plant for the second reuse pump, we will basically get this system functioning and allow us to introduce reuse water into the fire and irrigation system. There is a long history to this project. We had bids and multiple times the contractors retracted their low bids; went out of business; or requested pricing again. We specifically encouraged Severn Trent Services to price it and they gave us the lowest current price. Ms. Dillon asked did we authorize Severn Trent to do the work at the last meeting? Mr. Benson responded I was trying to get a price from one more contractor. Therefore, I did not tell you Severn Trent's price in the event it got out and affected the competitive bidding. Do you remember what your price was? Mr. Dick responded I do not. Mr. Benson stated I believe it was $109,000. Do you remember the price? Mr. Teague responded I believe it was $110,000. Mr. Benson stated this was the best pricing we were able to get on this contract. Mr. Lambert asked is there anything required from the Board? Mr. Benson responded you need to approve the contract, which we recommend. Mr. Lambert asked what is the Board's pleasure? Mr. Ziko stated I will make a motion to approve it as soon as Ms. Dillon returns. Mr. Benson stated the additional work on the SDP involves the new irrigation water storage tank as well as some projects we are anticipating within the next five years which can be shown as a phased SDP. We are going give you our proposal for consideration at the next meeting, which will include all of the work which needs to be done. Our proposal will include the permitting as well as the actual design of the storage tank which we will propose to design and build this year since it is in the budget. The rest of it will be showed as different phase. The electrical service upgrades are ongoing. I believe the original completion date was sometime in September. We have a request from the contractor to extend this, and looking at the documents I believe there is a possibility we will want to do this since there are a couple of items 3DC August 10, 2007 J.: E. ✓r Port of the Islands C.I.D. of equipment he requested as a substitution as well as an extension of time in order to get those materials. We have not done a formal change order, but we may be recommending to you that it be done. I put a completion date of the middle of October which will include this extension. Mr. Ziko asked are all of these projects at the water treatment plant? Mr. Benson responded they are at the water and wastewater treatment plant. With regards to the electrical service which comes in from the Lee County Electrical Cooperative, we are aware there were some problems with the overhead wire and connections because the water plant was hooked into the existing system since it was built later. This was confirmed during a scheduled outage, but it will be taken care of when the project is complete. The work Mr. Migdal is talking about is the extension to the point where we leave off taking some of the work inside the building. It is important that obviously this first phase is done so that we have a good power supply. At some point in time a new generator will replace the existing one. There are some mixers and equipment going into the wastewater plant which was scheduled under an existing project for replacement. We will coordinate this with Severn Trent and they will bring you a price to purchase the equipment. the equipment as well as the contractor for the MBR project at the wastewater treatment plant is not here. The equipment was moved; is being put on a skid and the contractor will bring it down here to be put it in place. They must build a concrete slab and a building over it and they are saying this is going to happen quickly. Ms. Dillon asked have we given them any money? Mr. Benson responded we only gave them a little more than $20,000 on a $998,000 contract and they are still saying it is going to be done, but I will try to push them to move on this. Ms. Dillon asked can you tie this into Item 45? Mr. Benson responded I will do this and as more projects are accomplished, we take them off of the list. On MOTION by Mr. Ziko seconded by Ms. Dillon with all in favor, Work Authorization No. ST07 -94 from Severn Trent Environment Services, Inc. to provide equipment and labor to install customer- supplied materials for a second reuse pump at the wastewater treatment plant in the amount of $110,937.50 was 44 1611 ,Port August 10, 2007 of the Islands C.I.D Mr. Ziko stated we made a motion at the last meeting or the meeting before to upgrade the lift stations, some of which were not able to be plugged into portable generators. What is the status? Mr. Dick responded the installation on this side is done and we are almost complete with the final one at the North Hotel. This one including the physical receptacles which must be mounted inside the panel is on order. This is necessary because you must shut the main breaker in order to be able to turn on the auxiliary breaker. As soon as it is received, we will install it. Mr. Ziko asked does this one just service the North Hotel? Mr. Dick responded it is the case at this time. Mr. Ziko asked is it going to affect the flow down Union Road? Mr. Dick responded it will not. Mr. Ziko stated I looked at the lift station on Cays Drive approximately three or four months ago and the alarm system was rusted out. Has this been repaired? Mr. Dick responded our electrician installed the receptacles, and he put together a list of deficiencies which we have to work on. Ms. Dillon stated the marina has been putting in many new docks, in addition to what is already there. The docks have a certain percentage of ERCs. Who keeps track of the ERCs they are using? Mr. Benson responded I believe the marina as a legal entity owns some of the docks which were put in at the hotel. Mr. Ziko stated I do not believe this is true anymore. Mr. Benson stated I believe the hotel owns some of the docks. Ms. Dillon stated the hotel purchased some of the docks and the remaining ones went to the marina property. Mr. Benson stated some ERCs are with the hotel and some are with the marina. Since the marina is an entity, the number of ERCs based on the number of docks is relative. Ms. Dillon stated they are going to be using some ERCs inside since they are putting in a delicatessen and a restroom. Mr. Benson stated there are a certain number of docks which the marina can physically put in by their permit and they are charged for this number. 45 August 10, 2007 l Port of the Islands C.I. . Mr. Ziko stated this document from 2005 states there are 140 marina slips, as well as the hotel and marina which was before they divided it. Do you have an updated version? Mr. Benson responded I can update this summary based on the current owners. Ms. Dillon asked what is the percentage at the dock? Mr. Ziko responded I believe it is .0175 %. Mr. Benson stated it may be .08 %. The marina slip itself does not use any waste water. They use a small amount of water compared to a single - family home. Mr. Ziko stated it always amazed me a condominium is only .08% and a home is 1 %. Mr. Benson stated we adopted a staff rule of a certain number which is consistent with the new numbering system, consisting of a similar ratio for Collier and Lee Counties based on the number of people occupying a single - family home during a peak period of time with gaps. For example, the new condominiums in Orchid Cove are generally smaller square footage than a single family home and they are going to have less guests staying over. We use averages as opposed to counting how many people use them. Collier County does use square footage for part of their calculation for impact fees. NINTH ORDER OF BUSINESS Supervisors' Requests Mr. Bissell stated we definitely should look into some type of communication system. I only took in approximately one -tenth of what went on today and everyone in the future should have the opportunity to hear everything which is going on. TENTH ORDER OF BUSINESS Approval of June 30, 2007 Financial Statements and Check Register Mr. Lambert stated on Page 1 of the Check Register, there is a posting for Severn Trent Environmental Services for roof repair and sludge hauling. I thought a contractor did this work or perhaps Severn Trent paid them and we are reimbursing Severn Trent. Mr. Dick stated I do not believe Severn Trent paid for this. Mr. Lambert stated I am aware we had a roof repair done there. Mr. Dick stated we paid the company and billed the CID. Mr. Lambert asked is this our reimbursement for your expenses? Mr. Dick responded I believe this is the case. Mr. Teague stated the entry states, labor and materials provided by Campbell Roofing for the pressure washing. We must have paid it and this is a reimbursement. M 1611 August 10, 2007 Mr. Ziko asked is sludge hauling under your contract? Mr. Dick responded that is correct. Mr. Ziko asked why are we paying $5,900? Port of the Islands C.I.D. Mr. Dick responded there was a large pile of lime sludge Mr. Edge discussed a couple of months ago which was not able to be dumped onto Orchid Cove. Ms. Dillon stated the June Operations contract was for a little over $37,000, which appears to be higher this month than it has been. Mr. Teague asked what was the date? Ms. Dillon responded it was dated June 25, 2007. Mr. Ziko stated this is actually lower than May. Page 2 of the check register has the May invoice number for $37,872.21. Ms. Dillon stated one is for operations and the other is for management, which are two different contracts. Mr. Teague stated the base contract is $31,566, but there were some speed limit sign maintenance materials as well as labor for repairs of a one -inch PVC pipe. Mr. Ziko asked where was the speed limit sign put? Mr. Dick responded although one of them was missing, I will have to clarify this with Mr. Edge. Mr. Ziko stated we want to get another speed limit sign on Cays Drive after Stella Maris. The acceleration in the area where the straightaway stops on Cays Drive has become disastrous. The people are driving fast which makes it dangerous if you are walking down there. Mr. Dick stated this is just a new location. Mr. Ziko stated that is correct. Perhaps it can be put in the empty lot next to Mr. Mack. Mr. Lambert asked how do we determine where a sign goes? Ms. Dillon responded the roads belong to us. Mr. Dick stated it should probably be done at an intersection. Mr. Ziko stated there is a small s -curve in the road and after you pass this s -curve people need to be reminded it is a 25 mile per hour speed limit. Perhaps we should we move this sign and put in an addition one. Ms. Dillon stated perhaps we should leave this one and put in another one. Mr. Dick asked are you referring to a speed limit sign? 47 August 10, 2007 16 1 1 Port of the Islands C.I.D. Ms. Dillon responded that is correct. What is US Bank, Trustee Fee Series for? Mr. Teague responded I will have to look into this. Mr. Lambert stated I suggest e- mailing Mr. Teague when we receive our agenda packages with these questions if order for him to come to the meeting prepared and move the entire process ahead. Mr. Teague I can e-mail you back right away on many of these questions. On MOTION by Mr. Gatti seconded by Mr. Ziko with all in favor the June 30, 2007 Financial Statements and Check Register were approved. Mr. Mack asked are the ERCs on the condominiums and the homes staying the same on the special assessment? Mr. Ziko responded that is correct. Mr. Bissell stated perhaps Mr. Edge can take the bill over to Newport Drive. The gentleman called me and told me it has nothing to do with the POI. It was a problem with his HOA. Mr. Lambert asked what is he upset about? Mr. Bissell responded he was upset the lights were not on over there because his landscaper broke the wires. Mr. Lambert stated he should speak to his landscaper. I do not believe we should get Mr. Edge in the middle of this issue. month. Mr. Bissell stated according to last months' minutes, they were sent out before last Mr. Lambert stated Mr. Edge is going to give the address to Mr. Teague to send the bill. ELEVENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Ms. Dillon seconded by Mr. Ziko with all in favor the,meetine was adiourned. Chairman M Bissell Port of the Islands Community Improvement District Agenda Friday August 10, 2007 10:00 a.m. 1. Roll Call 2. Approval of Minutes of the July 13, 2007 Meeting 3. Audience Comments A Egret Room 25000 Tamiami Trail Naples, Florida 4. Public Hearing to Consider the Adoption of the Budget for Fiscal Year 2008 (Resolution 2007 -6) and Levy of non Ad Valorem Assessments (Resolution 2007 -7) 5. Manager's Report A. Consideration of Resolution 2007 -8 Designating Pamela Rower as Treasurer and Robert Koncar as Assistant Treasurer B. Consideration of Resolution 2007 -5 Removing Jan Zilmer and Designating Theodore Bissell as Trustee of the Money Purchased Pension Fund with Loring Ward Securities, Inc. C. Meeting Schedule for Fiscal Year 2008 D. Discussion of Assessment Question for a Lot in the Name of POI Development E. Discussion of Signage F. Review of Billing Cycles and Related Costs 6. Field Manager's Report A. Discussion of Billing for Electrical Repairs on Evening Star Cay B. Review of Options for Instrumentation C. Discussion of Landscaping Improvements on Newport Road k] 16d D. Discussion of Weed Control Efforts by Soto's Lawn Service on Median and Along Highway 7. Attorney's Report —Fire Station Update 8. Engineer's Report A. Update on Paving Punch List Compliance Issues with Better Roads, Inc. B. Discussion of Project Tracking Form 9. Supervisors' Requests 10. Approval of June 30, 2007 Financial Statements and Check Register 11. Adjournment Naples Daily News a.—.� Naples, FL 34102 1 Affidavit of Publication 1 6 1 � ,t Naples Daily News ------------+------------------ PORT OF THE ISLANDS 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 010948 59399146 PORT OF THE ISLANDSC State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier. County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 07/16 07/16 07/23 07/23 AD SPACE: 146.000 INCH FILED ON: 07/23/07 --------------------------------------------+------------ Signature of Affiant Z . Sworn to and Subscribed before me this a(j?�day of !b 200jrj Personally known by me ,fir :. ,� JUDYJANES Commission DD 675029 4: Expires May 16, 2011 -" e; n amw Tin tmy F.*mwiarce BOD3B5ro» 16/1, RESOLUTION 2007 -8 A RESOLUTION DESIGNATING PAMELA ROWER AS TREASURER AND ROBERT KONCAR AS ASSISTANT TREASURER OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT WHEREAS, the Board of Supervisors of the Port of the Islands Community Improvement District desires to appoint Pamela Rower as Treasurer and Robert Koncar as Assistant Treasurer ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT: 1. Pamela Rower is appointed Treasurer 2. Robert Koncar is appointed Assistant Treasurer Adopted this 10'h day of August, 2007. Theodore Bissell Chairman RESOLUTION 2007 -5 A RESOLUTION REMOVING JAN ZILMER AND DESIGNATING THEODORE BISSELL AS TRUSTEE OF THE MONEY PURCHASED PENSION FUND WITH LORING WARD SECURITIES, INC. FOR THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT WHEREAS, the Board of Supervisors of the Port of the Islands Community Improvement District has previously designated Jan Zilmer as Trustee of the Money Purchased Pension Fund with Loring Ward Securities, Inc. for the District; and WHEREAS, it is the desire of the Board of Supervisors of the Port of the Islands Community Improvement District to remove Jan Zilmer and to appoint Theodore Bissell as Trustee; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT: 1. Jan Zilmer is removed as Trustee; and 2. Theodore Bissell is appointed as Trustee. Adopted this 10`h day of August, 2007. Theodore Bissell Chairman Norine Dillon Secretary NOTICE OF MEETINGS PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT The Board of Supervisors of the Port of the Islands Community Improvement District will hold their meetings for Fiscal Year 2008 in the offices of the District at the Egret Room, 25000 Tamiami Trail, Naples, Florida at 10:00 A.M. on the second Friday of each month as follows: October 12, 2007 November 9, 2007 December 14, 2007 January 11, 2008 February 8, 2008 March 14, 2008 April 11, 2008 May 9, 2008 June 13, 2008 July 11, 2008 August 8, 2008 September 12, 2008 There may be occasions when one or more Supervisors will be participating by telephone. At the above location there will be present a speaker telephone so that any interested party can attend the meeting and be fully informed of the discussions taking place. Any person requiring special accommodations at any of these meetings because of disability or physical impairment should contact the District Office at (954) 753 -5841 at least three (3) calendar days prior to the meeting. Each person who decides to appeal any action taken at these meetings is advised that they will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which such appeal is to be based. Calvin Teague Manager 611 NOTICE OF MEETINGS PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT The Board of Supervisors of the Port of the Islands Community Improvement District will hold their meetings for Fiscal Year 2008 in the offices of the District at the Egret Room, 25000 Tamiami Trail, Naples, Florida at 10:00 A.M. on the second Friday of each month as follows: October 12, 2007 November 9, 2007 December 14, 2007 January 11, 2008 February 8, 2008 March 14, 2008 April 11, 2008 May 9, 2008 June 13, 2008 July 11, 2008 August 8, 2008 September 12, 2008 There may be occasions when one or more Supervisors will be participating by telephone. At the above location there will be present a speaker telephone so that any interested party can attend the meeting and be fully informed of the discussions taking place. Any person requiring special accommodations at any of these meetings because of disability or physical impairment should contact the District Office at (954) 753 -5841 at least three (3) calendar days prior to the meeting. Each person who decides to appeal any action taken at these meetings is advised that they will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which such appeal is to be based. Calvin Teague Manager 7 r H m V U •O W sa0. s J� 'a Wi YI ` 72 — Ul y 1p � y 2 i �LL 0 y 7 a U v m 9 N N a U n a c Vl ro B U a y v 9 y L V 3 a w 0 O O Iff L 0 L `N ❑ ui 0 O� -o a- N � Qs 6 V L x O CO c6 3 � N L►- W m 9 M � d a ry Z V a W . CT E o o y U _ v L o � O [n to Ln N s tD l9 l0 Q u - N n tn � cR Iff L 0 L `N ❑ ui 0 O� -o a- 101 1 Severn Trent Environmental Services, Inc. 4837 Swift Road, Suite 100 Sarasota, FL 34231 941- 925- 3088(P) 941 - 924 -7203 (F) Port of the Islands Work Authorization No. ST07.94 In accordance with the "Additional Services" provision of the contract for services between Port of the Islands and Severn Trent Environmental Services, Inc. Company agrees to perform the following additional services for the client: Location of Work: Wastewater Plant Project Schedule: 90 -120 days after notice to proceed I. DESCRIPTION OF SERVICES: STES to provide equipment and labor only to install customer supplied materials as shown on drawing # 04125 by Hole Motes and to provide and install only materials listed on attached takeoff. Proposal II. PROJECT COST: The Client agrees to pay the Company for the services provided under this agreement as follows: Item Description Unit Cost or Hourly Rate Total Cost Per description of services na $110,937.50 Unless stated otherwise above, payments are due in accordance with the standard terms and conditions of this Contract. ST 07 - 94 Reuse Pump Installation Agree _ (please initial) P:gc 1 42 r >� i ra r<l 3 - 1 Work Authorization No f ST07- 94 Port Of The Islands Reuse Systems) - III. ITEMS TO BE PROVIDED BY THE CLIENT (1) All materials as shown(2) All Permits(3) All Electrical by others.(4) THE STANDARD TERMS AND CONDITIONS of the Contract previously referenced are agreed to be a part of this Contract. Offered by: Accepted by: Severn Trent Environmental Services, Inc. Client By: Title: Title: 00,1. (L-I-D, f'r�51 d�vtt Address for Notices: Date: Date: ST 07 - 94 Reusr Pump Installation Page 2 of 2 WATER 3 SEWER TREATMENT PLANT SALES 6525 U.S. HWY 301 NORTH TAMPA, FL 33610 PH# (813) 630 -4142 Fx# (813) 630 -9492 JOB NAME: PORT OF THE ISLANDS - PROPOSED FIRE AND IRRIGATION WiR SYS7 Herc Proud I I ATT QTY SIZE DESCRIPTION DWG LUMP SUM MATERIAL LIST FOR DRWGS SUPPLIED SHTS 5 - 9 Sheet 5 - Plug existing materials 2 04" DI C153 MJ Plug, cementlined, bit 2 04" DI C153 MJ Accessory set - less gland Sheet 6 - 10" 1 R WM (TIE -IN) - (detailed sht 8 of 10) 20 10" Pvc -.C900 DR14(c1200) Pipe, blue 1 10 "x 10" DI C153 MJ Tee, Ltaccy, acl /btt 1 10" DI C153 MJ Solid Sleeve, LP, acl /bit 5 10" Ebaa 2000PV megalug with std accy set 2 10" Ebaa 2100 megaflange flange adapter 1 10" Fig Globe valve 1 10"x 02' -00" DI Spool - F x Pe with gauge tap, acl /primed 1 10" Ames Attitude valve 1 Pressure gauge assembly 1 10" x 05' -00" DI Spool - F x Pe, act/primed 1 10" DI C153 MJ 45 bend, LJaccy, acl/bit 1 10" DI C153 MJ 90 ell, Uaccy, act/bit 1 10" x 18' -00" DI Spool - F x Pe, act /primed 1 10" x 08' -00" DI Spool - F x F, acl /primed 2 10" Ebaa 2000PV megalug wtth std accy set 2 10" Ebaa 1100 megalug with std accy set 2 10" DI C110 Fig 90 ell, acUprimed 1 10" x 01' -04" DI Spool - F x F, acl /primed 1 10" DI /CI Companion flange 1 Stainless Steel insect screen 7 10" 316ss flanged accessory set with FFRR gasket 1 lump sum Pvc - Sch80 pvc sump pump piping 1 SUmpPump 1 Precast Vault Sheet 6 - 10" FIRE/IRR WM (TIE -IN) - (detailed sht 7 of 10) Pump suction (detail D /sht 7) 1 08" x 08" DI C110 Fig Tee, acl /primed 1 08" Ebaa 2100 megaflange flange adapter 1 08" x 05' -00" DI Spool - F x F, act /primed 1 08" Valve - Mueller Fig RW Gate valve with handwheel .ME: PORT OF THE ISLANDS - PROPOSED FIRE AND IRRIGATION VPTR SYST arc Proud - ATT gT SIZE DESCRIPTION DWG. 10" Tank Effluent 1 10" Valve - Pratt Fig Butterfly Valve with gear & handwheel 1 10" x 02' -00" DI Spool - F x F, act/primed 1 10" DI C110 Fig 90 ell, aci /primed 1 10" x 05' -00" DI Spool - F x F, act/primed 4 10" 316ss flanged accessory set with FFRR gasket 10" Fire/hr WM continued to tie-in existing 2 10"x07-00" DI Spool - F x F, acVprimed 1 10" Valve - Mueller Fig Cushioned L &W Check Valve 1 10" DI C110 Fig 90 ell, act/primed with gauge tap 1 Pressure gauge assembly 1 10" x OT -00" DI Spool - F x Pe, act/primed 3 10" DI C153 MJ 90 ell, IJaccy, aci /bit 60 10" Pvc - C900 DR14 (c1200) Pipe, blue 2 10" Ebaa 1600 bell restraint for pipe to pipe connection 1 10" Ebaa 1100 megalug with std accy set 7 10" Ebaa 2000PV megalug with std accy set N required for Tie-in 1 10" DI C153 MJ Solid Sleeve, LP, act /bit 2 10" Ebaa 2000PV megalug with std accy set 1 lump sum Miscellaneous pipe supports TOTAL THIS QUOTE - TAX NOT INCLUD NOTICE: DUE TO CURRENT MARKET VOLATILITY, PRICING FOR THIS PRO ACCEPTANCE FOR A PERIOD OF 30 DAYS AFTER DATE OF BID. WE WILL I TO PRESERVE PRICING INTEGRITY FOR AS LONG AS POSSIBLE, BUT WE GUARANTEE PRICING BEYOND THAT POINT. WE ADVISE BIDDERS TO BE POTENTIAL INCREASES IN MATERIAL COSTS AND PLAN ACCORDINGLY. 1 SITUATION AND WILL DO ALL WE CAN TO ASSIST OUR CUSTOMERS IN TH HOWEVER, WE HAVE NO WAY TO CONTROL THE CONSTANT ESCALATION COSTS THAT ARE THE DRIVING FORCE IN THE UPWARD SPIRAL OF FINISt WE APPRECIATE YOUR UNDERSTANDING AND SUPPORT IN THESE DIFFIC �6 n r , i � 7of3 .AE: PORT OF THE ISLANDS - PROPOSED FIRE AND IRRIGATION WTR SYST .a Proud I ATTN: TIM HALE ( OTY SIZE DESCRIPTION DWG 0 UNIT TOTAL 1 08" x 06" 1 06" 4 08" 1 NEW Pump Disch 1 08" x 06" 1 08" DI C110 Fig Concentric Reducer, acUprimed 316ss flanged accessory set with FFRR gasket 316ss flanged accessory set with FFRR gasket HDG Adjustable Pipe support for 8" dip arge (detail sht 6) DI C110 Fig Concentric Reducer, acUprimed Valve - Mueller Fig Cushioned L &W check valve 1 08" x 02' -00" DI Spool - F x F, acUprimed 1 08" Valve - Pratt Fig Butterfly Valve with gear & handwheel 1 08" x 04' -00" DI Spool - F x F, act/primed 1 08" DI C110 Fig 90 ell, aci /primed 1 08"x 07' -00" DI Spool - F x Pe, acUprimed 1 08" DI C153 MJ 90 ell, Uaccy, act/bit 20 08" Pvc - C900 DR14 (c1200) Pipe, blue 1 10" x 08" DI C153 MJ Tee, Uaccy, acl /bit 1 06" 316ss flanged accessory set with FFRR gasket 6 08" 316ss flanged accessory set with FFRR gasket 1 08" Ebaa 1100 megalug with std acct' set 2 08" Ebaa 2000PV megalug with std acct' set EXISTING Pump Discharge (detail sht 6) 3 10" DI C153 MJ 90 ell, Uaccy, acl/bit 40 10" Pvc - C900 DR14 (c1200) Pipe, blue 7 10" Ebaa 2000PV megalug with std accy set 1 10" Ebaa 1100 megalug with std accy set 1 10"x OT -00" DI Spool - F x Pe, acUprimed TO NEW HYDRO -TA 2 10" 1 10"x 03' -00" 2 3 10" 2 10" x 02' -00" NK DI C110 Fig 90 ell, acl /primed DI Spool - F x F, w/3" tap and gauge tap, acUprimed Pressure gauge assembly Valve - Pratt Fig Butterfly Valve with gear & handwheel DI Spool - F x F, acl /primed 1 10" Pressure reducing valve 1 10" x 04' -00" DI Spool - F x F, w /3" tap, acl /primed 1 lump sum 3" bypass piping to 3" pressure valve 1 03" Pressure reducing valve 1 10" x 06' -00" DI Spool - F x F, w /guage tap, acl /primed 1 10"x 10" DI C110 Fig Tee, acl /primed 1 10" x 01' -00" DI Spool - F x F, act/primed 14 10" 316ss flanged accessory set with FFRR gasket 10" Tank bypass to tz 1 10" x 01' -00" 1 10" 1 10" x 03' -00" 1 10 "x 10" 5 10" nk effluent DI Spool - F x F, act /primed Valve - Pratt Fig Butterfly Valve with gear & handwheel DI Spool - F x F, aci /primed DI C110 Fig Tee, acl /primed 316ss flanged accessory set with FFRR gasket 3 Port of the Islands Community Improvement District Unaudited Financial Statements as of June 30, 2007 i Port of the Islands Community Improvement District Combined Balance Sheet June 30, 2007 Noncurrent Assets Property $0 Fund Types $95,480 $95,480 Plant & Equipment (Net) $0 $0 $3,770,055 Totals Assets General Debt Service Enterprise 2007 Current Assets: $1,153,717 $422,098 $5,807,627 $7,383,442 Cash $40,023 $0 $84,391 $124,414 Operating Account $215,928 $0 $188,870 $404,798 Investments $0 $0 $5,121,134 $5,121,134 State Board $806,070 $0 $1,723,259 $2,529,329 StateBoard - Reserve $79,128 $0 $0 $79,128 Revenue Account $0 $376,334 $D $376,334 Redemption Account $0 $5,741 $0 $5,741 Accounts Receivable $0 $0 $29,964 $29,964 Due from Other Funds $52,591 $40,023 $0 $92,614 Total Current Assets $1,153,717 $422,098 $1,942,092 $3,517,908 Noncurrent Assets Property $0 $0 $95,480 $95,480 Plant & Equipment (Net) $0 $0 $3,770,055 $3,770,055 Total Noncurrent Assets $0 $0 $3,865,535 $3,865,535 Total Assets $1,153,717 $422,098 $5,807,627 $7,383,442 Liabilities Accounts Payable $0 $0 $0 $0 Accrued Expenses $0 $0 $0 $0 Due to Other Funds $40,023 $0 $52,591 $92,614 Customer Deposits $0 $0 $31,800 $31,800 Total Llabilltles $40,023 $0 $84,391 $124,414 Fund Eau. Other CredltsOther Credits Contributed Capital $0 $0 $5,121,134 $5,121,134 Retained Earnings $0 $0 $6D2,102 $602,102 Fund Balances Unreserved $1,113,694 $0 $0 $1,113,694 Reserved for Debt Service $0 $422,098 $0 $422,098 Total Liabilities, Equity & Other Credits $1,153,717 $422,098 $57807,627 $7,383,442 16 s >Z y (� W ¢ O � N 2 p V y Z y 0 FO p 6 rL 6 L 6 6 Q K 4 { 3 U\ U • � 6 U U ul � 6 6� F i' 'a a rc `B4n �iZ3q q m m OS��n _ „n ndPS LLO2 <S: p ryy Q qq D 2 2 Frroi &' Q „ g !. n bi �l�{S$ $ m i $b_.b e= ar'H'= Q y `ui .n-2 and aq my ro N� N 2 yry 0 2 C p on�a m Q W d a 0 W a �� 9 ^3 � $:��s °ss °s'$R88sme.P$6 Wp p� gjn N�'�bn m.J .•, N °mw �u d •Sm n 6 y W� F f N >Z y (� W ¢ O � N 2 p V y Z y 0 FO p 6 rL 6 L 6 6 Q K 4 { 3 U\ U • � 6 U U ul � 6 6� F i' 16 1 tl 0 `o Q p? 1 U `8 m�LLz i � ° S OR �� ca ul 6 � O 2 Z W W Q y W 2 H N 8Z O W O B � o � � 2 z o O uI ZU W u! 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';,■ ■•�; !all ■ ;!- Il- �! §!�! ■! -�_1 !|!.. |§ ,Q , , ' a - || g /R ®Qhewe1 RE` , .. mail 111a ll©QR5©&l !!! a i; 2,1© E - !■ ` I} i ,F�• !�B§ ��•! §,- • ■ ■ ;.. ` �{! � . �!,! , | | | j � | |!! / „!w �,•�■ ; |!'! ■ |� ■!!�!- !�l•,• - ;!! !■ ! ; ■! !• �® - ! , ■ .! - ` , . � .. |R|| akal ;l;•!,- •,E §�!•!�l ;,! }!| !■ MA ,!•!■ . l�,,•- l;I�l�l•! §�; ' §!! ! ,� R . �■ - \/| /M\ t ©©e RR Hal! . . g#2 ®28 R! 41 , �. , | | | j � | |!! / MEMORANDUM TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: October 22, 2007 RE: Miscellaneous Correspondence - BCC Agenda Misc. Correspondence Agenda Date Agenda Item # Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Port of the Islands Community Improvement District Port of the Island Community Improvement District has submitted the following items: a. Minutes of meeting held September 14, 2007. Thank you \special \special Misc. Corres: Date, Rem #, `;�a�es ter Y J Severn Trent Services, Management Services Division 210 North University Drive, Suite 800 — Coral Springs — Florida 33071 (954) 753 -5841 — (954) 796 -0623 fax October 16, 2007 Memorandum To: Reference: From: Mr. Robert Dick Severn Trent Services, Inc. 5726 Corporation Circle Fort Myers, Florida 33905 Minutes of Meeting Held September 14, 2007 and Approved October 12, 2007 Calvin Teague District Manager Enclosed for your records are the minutes of the above - referenced meeting of the Port of the Islands Community Improvement District's Board of Supervisors. Please make this document available to the public during normal business hours. If you have any questions, please call Janice Swade at (954) 753 -5841. Cc: For information purposes only: Clerk of the Circuit Court c/o Mr. Derrick Johnsen 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Mr. Jim Mudd Collier County Manager Governmental Center 3301 East Tamiami Trail Administration Building Naples, Florida 34112 jms RECEIVE OCT ' �i 2001 grNANCE DEP-r MINUTES OF MEETING 1611 A 3 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held on Friday, September 14, 2007 at 10:00 a.m. in the Egret Room, 25000 Tamiami Trail, Naples, Florida. Present and constituting a quorum were: Ted Bissell Chairman Dale Lambert Vice Chairman Norine Dillon Secretary Richard Gatti Assistant Secretary Richard Ziko Assistant Secretary Also present were Edward Goscicki Severn Trent Services Dan Cox Attorney (Via Telephone) Ron Benson Engineer Bob Dick Field Manager Robert Edge Field Operator Tom Mack Staff R.W. Gulledge Resident Mike Motwani Resident Tom Weiss Resident FIRST ORDER OF BUSINESS Roll Call Mr. Bissell called the meeting to order and Mr. Goscicki called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the August 10, 2007 Meeting Mr. Bissell stated each Board member received a copy of the minutes of the August 10, 2007 meeting and requested any additions, corrections or deletions. Ms. Dillon stated on Page 4 in the third paragraph from the bottom, membrane should replace numbering of the. On Page 8 in the second paragraph from the bottom, or should replace for. On Page 9 in the last paragraph, a new should replace from our. On Page 33 in the third September 14, 2007 3 Port of the Islands C.I.D. paragraph from the bottom, trimmed should replace turned. Mr. Somers should be replaced by Mr. Summers from Page 35 throughout the remainder of the document. Mr. Lambert stated on Page 25 in the third paragraph, new should replace old. On MOTION by Mr. Lambert seconded by Mr. Ziko with all in favor the minutes of the August 10, 2007 meeting were approved as amended. THIRD ORDER OF BUSINESS Audience Comments Mr. Weiss stated a Neighborhood Watch sign has been leaning against a tree at the entrance on Newport Drive past the entry building for many months. It appears to have been taken up out of the ground since the concrete is still around the bottom of it. It looks bad and should either be replanted into the ground or disposed of depending on whether or not there is a neighborhood watch in this area. Mr. Bissell stated we do not have one at the present time, although a gentleman approached us about doing this. Mr. Weiss stated the sign has been therefor at least four to five months. Mr. Dick stated I will remove it. Mr. Weiss stated I was on vacation for six weeks and received two water bills, one for 16 cents and one for 60 cents. 1 believe there should be a minimum amount, such as $5, which should be billed because the cost to generate a bill for 60 cents is not reasonable. Mr. Goscicki stated I agree with you and this was corrected. Ms. Dillon stated we discussed this at last month's meeting. Mr. Goscicki stated we changed our billing system; and the water & sewer portion of the bill for use of those systems is so small that when you reach 100 gallons, it is not necessary to bill during some months. We are going to be billing for 1,000 gallons or more. FOURTH ORDER OF BUSINESS Manager's Report A. Consideration of Resolution 2007 -9 to Write Off Uncollectible Accounts Receivable Mr. Goscicki stated the resolution is being done in order to bring this significant amount to your attention. This dates back approximately seven years to some contention which was taking place in the community with regards to bad debt on taxes, assessments and water & sewer from some of the major developments. This should have been written off at the time the 2 September 14, 2007 Port of the Islands C.I.D. Settlement Agreement was reached with property owners on the tax settlement in which we collected several million dollars to close out the entire settlement. The auditors brought to our attention the fact we are still carrying this bad debt in the Water & Sewer Fund as uncollected revenue, even though we recognize we are not going to collect this revenue. We need to formally write it off through a Board action to formally recognize this as bad debt to be removed from the financial statements. We already took action to resolve this with the property owners as part of the Settlement Agreement two years ago. This is just an accounting procedure to recognize we do not have to account for this bad debt. Mr. Lambert asked will this document be found if we were to go back and look at the settlement? Mr. Goscicki responded that is correct. I reviewed this with Mr. Cox and he verified this was part of the settlement. Ms. Dillon stated I understand the auditors brought this to your attention, but I do not understand where it was sitting. Mr. Goscicki stated it has been sitting as an accounts receivable issue in the details of the utility billing system, and we identified it when we transitioned to the new billing system, after which we spoke to the auditors and agreed it should be written off. Mr. Gatti moved to adopt Resolution 2007 -9 for the District to Write Off Uncollectible Accounts Receivable. Ms. Dillon stated I want to ensure this is not going to impact our current budget or income in which we may suddenly find ourselves with another line item. Mr. Goscicki stated this will not be the case. Mr. Ziko asked is it possible to attach a background statement to this resolution? Mr. Goscicki responded I believe we can outline the details of this in a follow -up memorandum. Mr. Ziko stated I believe this resolution is incomplete since it just has one sentence indicating this large amount was written off. Mr. Goscicki stated we can give you the details of what constitutes this amount. Mr. Ziko stated this will satisfy me. Mr. Lambert stated I want to ensure we have some documentation to refer to if necessary. 3 A. September 14, 2007 !, Port bf the Islands C.I.D. Mr. Ziko seconded the prior motion. There being no further comments or questions, On VOICE vote with all in favor Resolution 2007 -9 for the District to Write Off Uncollectible Accounts Receivable was adopted. B. Discussion of Telephone Service Upgrade for Teleconference Speakerphones Mr. Goscicki stated I have not been able to get with Mr. Teague on the status of this issue. We have the speakerphone, but it requires certain service in order to be able to use it properly. Ms. Dillon stated you were not going to upgrade the hotel's telephone line, but we were going to look into what is available in the event someone has to call in which will enable the person to hear and converse clearly. C. Discussion of Assessment Question for a Lot in the Name of POI Development Mr. Goscicki stated we looked into this further and I reviewed the discussion in the minutes, and it appears you have a parcel on Stella Maris Drive which is on common ground in the condominium development. However, there is no condominium or any other development on it. In other words, it is common ground which is getting billed for the water and sewer standby assessment, but not the O &M assessment since they are not connected to the system. Therefore, they are not using water and sewer service, but they are incurring the debt. Each condominium in this development is being billed and assessed appropriately for water and sewer standby as well as O &M. Mr. Lambert stated it is not consistent with what was done at the condominium development in Sunset Cay. There are no common areas taxed on the properties on Newport. There are areas over here with common grounds which have a pool, but they are not being taxed for the individual portion. I suspect it was divided between each individual unit. I want to know why we took a different approach at Stella Maris. Mr. Goscicki stated we are going to look at the original assessment methodology to see how it was done. The understanding I have which we are trying to verify is this parcel may not have been part of the original development and was added later. 11 September 14, 2007 .¢ Port of the Islands C.I.D. Mr. Benson stated it was reserved for a potential future amenity for Stella Maris, but nothing was ever done. Ms. Dillon stated I understand it was moved over to the condominiums in the Villages. Mr. Goscicki stated you normally look at the ultimate development for the entire parcel of property and divide the capacity within the number of units including common ground and allocate it. Mr. Lambert stated I wonder if they had fewer units than what they had ERCs for. Mr. Benson stated they transferred the ERCs which were not used from Stella Maris to Sunset Lakes. Mr. Goscicki stated since all of the ERCs are being assessed, they were all accounted for. Mr. Benson stated since they may not have accounted for all of the bond debt, the developer must pay for it until all of the bond debt is paid off because he did not assign it to any of the units. Mr. Lambert stated I suspect when he sells enough units they will all be turned over to the HOA. However, I do not believe he has done this. Mr. Goscicki stated the speculation on my part is the developer was planning to develop this into a clubhouse or amenity center and he may have held some capacity for this. I believe he allocated the capacity from this property to another development. Mr. Benson stated we never required ERCs for amenities such as a swimming pool for a multi - family community. It was factored into the utilities, and is similar to what Collier County does. I believe he used all of his ERCs since they are used for the units themselves, and perhaps he had a smaller amount of assessment units than ERCs since the numbers were not exactly the same. They were close and this may have been a way for him to pay off the bonds. Mr. Lambert stated the spreadsheet shows a gap. Mr. Benson stated he is aware he can never build a house there. Mr. Bissell asked are you referring to the lot on the corner of Cays Drive? Mr. Lambert responded I am referring to the common area in the entire group of condominiums. The assessor's report indicates this is one parcel. Mr. Benson stated they cannot build on it because it is not part of their SDP and the county never approved it. Therefore, they have no ERCs. The backyards of all of the Stella Maris condominiums on Cays Drive are part of this parcel. 5 L� t September 14, 2007 Port of the Islands C.I.D. Mr. Bissell stated they can never build a clubhouse or pool there. Mr. Benson stated this can be done on one part of it. Mr. Lambert stated for example, a pool or other type of amenity facility can be put on the corner of our street. units. Mr. Bissell stated they can also get water without ERCs. Mr. Benson stated it is similar to any amenity facility which goes with the multi - family Mr. Lambert stated it will be metered. Mr. Benson stated we do not charge for a swimming pool at a single - family home. Mr. Bissell asked are we furnishing free water to the swimming pools over here? Mr. Goscicki responded they will be billed for the water. Mr. Benson stated they do not require ERCs to build swimming pools. Mr. Gatti asked who pays the water bill? Mr. Benson responded the master association pays the water bill. Mr. Goscicki stated the taxes are being collected regardless of how it is allocated. I agree all the debt or assessments associated with the common property should have been allocated to each individual condominium unit. However, the developer is currently paying this, and when it becomes HOA property, the HOA will pay for it. Mr. Ziko stated there are four different condominium associations on one property. Mr. Lambert stated there is a master association. FIFTH ORDER OF BUSINESS Field Manager's Report A. Discussion of Landscaping Improvements on Newport Road Mr. Dick stated Mr. Edge is in a meeting with the DEP and will be back as quickly as possible. I have a list from him and the best price he received was from Soto's Lawn Service in the amount of $700 to landscape this particular area, which is a decrease from $1,000. Mr. Lambert stated $700 does not sound unreasonable for this work. Mr. Dick stated we contemplated doing this ourselves. However, it probably makes sense to use a professional landscaper who will provide a warranty if the landscaping does not grow properly and will replace anything which dies off. Mr. Lambert asked does he have a proposal? Mr. Dick responded yes. 31 September 14, 2007 16 A Port of the slands C.I.D.3 Mr. Bissell asked is any action required or will it be added to Soto's contract? Mr. Dick responded it can be added to the monthly bill. Mr. Goscicki stated I do not believe you need a resolution from the Board for this amount. Since you have the Board's consensus, we can proceed to get this done. B. Discussion of Purchase of New or Used Mosquito Control Sprayer Mr. Dick stated we contacted both Lee and Collier Counties. Collier County told us they have no used equipment available. Lee County told us they have an auction every March, but they would not tell us whether or not they had one coming up for auction. Ms. Dillon asked were you going to let us know the cost for a new one? Mr. Dick responded Mr. Edge has the price, which is approximately $7,000 and I will confirm this. Clark Environmental actually brought the new unit down here and did a demonstration for us. Ms. Dillon asked does this unit have a control in the cab? Mr. Dick responded that is correct. It is more modern than the one we use with the sprayer capable of applying a higher dosage; thereby minimizing the amount of time the noise is heard in the neighborhood. The application rate is double the amount of the existing machine and it will drive 16 miles per hour as opposed to eight miles per hour. Mr. Lambert asked how bad of a condition is the old machine? Mr. Dick responded we continually make minor repairs. The gasoline engine runs the blower which requires preventive maintenance as well as minor repairs. At some point you are going to need a more reliable machine. I am concerned the blower may fail at the height of the season; and the blower alone is approximately $3,000 because it is actually used in wastewater treatment. Mr. Gatti stated perhaps we should include a new one in next years' budget. Mr. Ziko stated we may need it before this. Mr. Dick stated there are no parts available for the aspirator and the de- fogging device because the machine is so outdated. Therefore, we will not be able to repair this if it fails. Mr. Ziko asked how much lead time is required from this manufacturer to purchase one? Mr. Dick responded it will probably take a couple of weeks. Mr. Lambert asked are there any other manufacturers selling these machines? 11 September 14, 2007 Port of the Islands C.I.D. Mr. Dick responded Clark is the only manufacturer we found for chemicals, parts and equipment. However, I can find a blower similar to the one we have through my wastewater suppliers. Mr. Lambert asked will this be on a small trailer? Mr. Dick responded the one they demonstrated actually slides onto the back of a truck for someone who does this on a daily basis. I would not want this on the back of my truck. We can remove the old machine and mount the new one on our trailer, which is in good shape. Mr. Bissell moved to allocate $7,000 in order to purchase a new mosquito control sprayer and Ms. Dillon seconded the motion. Mr. Lambert asked will we go out for proposal or are we just going to state we only have a single source? Mr. Bissell responded I believe we should state there is only a single source, since this appears to be the case. Mr. Dick stated I have not been able to find another source. Mr. Gatti stated most municipalities use the company which produces sprayers to blow chemicals into trees, but it is a large and loud blower. Mr. Dick stated I will look into this. Mr. Gatti asked are you going to be able to purchase the sprayer you need for $7,000? Mr. Dick responded yes. Mr. Ziko stated perhaps we should consider amending this amount in the event we are short by $500. Mr. Goscicki stated you may want to amend the motion not to exceed $8,000. On VOICE vote with all in favor the prior motion was approved as amended in an amount not to exceed $8,000. Mr. Dick stated the DEP is at the plant doing a wastewater plant inspection. We do not anticipate any problems with this. There is a significant amount of construction taking place at the plant which involves electrical and wastewater plant upgrades. When the contractor cleared the entire old park which is near the lift station at the North Hotel, they removed the sewer collection system and water mains because it was on private property. E:j September 14, 2007 Port of the Is13s C.T.D. Mr. Benson stated it is on an easement. Mr. Dick asked are you referring to the lift station? Mr. Benson responded that is correct. The water mains were on their property and the lift station is on the CID easement. I spoke to the developer in the presence of the owner's attorney; and they were provided a copy of those easements. The gentleman contacted me a few days later to acknowledge I was correct and they understood the facility is to remain in its present location. Mr. Dick stated they were under the impression it was on their property and wanted to remove it. Mr. Lambert asked are we using the lift pump at all? Mr. Dick responded the only reason we are using it is for the North Hotel. The contractor actually disconnected the electricity. They called the electric company and pulled the meter. Mr. Benson stated this was a misunderstanding we corrected. Mr. Dick stated on the last page of the Operations Report is a bill from Eddie Bock's Plumbing in the amount of $4,125 for work done at the sales office coming on Newport Drive in which their sanitary sewer lines were not working properly. As you can see, there was a 10 -day period in which they tried to determine what the problem was and it was our contention no one ever informed us there was a problem. Otis, the maintenance man told me he tried us a couple of times, but we never received any voice mail messages on the cell phone here or at the plant, even though both are capable of taking messages. This plumbing company determined there was nothing wrong with the surface line and they proceeded to work on main, which is our property as opposed to the hotel. They actually sent some digital photos which showed a collapsed clay pipe full of sand and dirt. They removed this and installed a piece of PVC pipe. The sales office is back in service, but there is an outstanding invoice and we need to determine who is responsible. There is no question the main had a problem based on their photographs and it had to be repaired. However, we should have been notified, in which case we would have made the repair. I am not certain if the cost would have been less, but I believe they made a temporary repair. We brought a television truck down there earlier this week and ran our camera down the same gravity main and we verified their repair. However, it is actually leaking an insignificant amount of groundwater and will have to be redone. There is also additional fractured pipe further down in the same location they made their repair with sand and water accumulating in the pipe. I am not prepared to say what needs to be done today, but we are going to prepare a 0 September 14, 2007 Port of the Islands C.L6 proposal to correct the problem. The more immediate concern is this plumbing invoice. Mr. Edge is in the process of clarifying how many hours were spent working on their service line which is not our responsibility. Therefore, I want to break this down and ensure there are no hours on this invoice related to their service line. Mr. Ziko asked who authorized the work? Mr. Dick responded the hotel authorized it. Mr. Gatti asked why are they coming to us? Mr. Dick responded Otis told Mr. Edge and he said he tried to call him on a certain day and Mr. Edge told him there was no voice mail. Therefore, we cannot confirm whether or not they actually called us. The bottom line is they replaced 10' of pipe, which had to be done, and there would have been some expense associated with this repair whether it was done by them or us. Mr. Bissell asked why will it have to be redone? Mr. Dick responded when they removed the clay pipe, they put the PVC pipe in these rubber couplings with big stainless steel clamps in order to repair this. The gravity line is a terminal manhole and is the shallowest manhole on the system, and it begins there and goes back to the lift station on Newport Drive. The sales office is the only customer served by this section of line. This line is on the other side of the road behind the trees. Mr. Benson stated it is old. Mr. Lambert asked were they running a lot of heavy equipment over there? Mr. Dick responded it is certainly not uncommon for this clay pipe to fracture over the years, but additional work needs to be done. I am going to bring the video in and we will put together a comprehensive report as to how much needs to be done; whether it is going to be lined; has to be dug up and repaired; and the cost to dig it up if there is not a lot of restoration to be done. My first issue is whether we want to negotiate this bill with the hotel, keeping in mind there was a collapsed section of pipe which they repaired instead of us. Mr. Lambert stated we should determine their cost and if the remaining cost is nominal, we can pay it, but if it is close to $3,000 or more, we should negotiate to pay half. They also need to know they should contact us when these problems arise. Mr. Dick stated our first response would have been to bring our vacuum truck down and jet -rod the line. I will put together a comparison of the cost if we handled the repair. 10 September 14, 2007 461, Port of the Isl C.I.D. Mr. Lambert stated we also need to bring this to their attention to ensure they do not do this on a regular basis. Ms. Dillon stated we also need to ensure there is no plan for these repairs in the future in order to avoid duplication. Mr. Ziko asked can you describe the location of this line? Mr. Dick responded it starts close to U.S. 41. Mr. Cox asked is this part of the line you are going to replace for us? Mr. Benson responded we are replacing the water line. The exhibit in the Engineer's Report does not show the gravity sewer in the last section, but if it is in the road, it is ours. However, the exhibit showed the last piece of it because we were not certain of its location. These structures were built a long time ago, and these buildings had a gravity sewer containing old clay pipes which went to the location of the old wastewater plant. Mr. Gatti asked what are we authorizing you to do? Mr. Dick responded first of all, I am going to negotiate and work through this bill; determine how much was spent to repair their actual service line; remove this from our cost; and determine the final amount for repairing the main. Secondly, we are going to continue evaluating the entire main to ensure there are no other areas in danger of collapse and determine what needs to be done; whether it can be lined with point repairs or whether it has to be dug up and replaced. We will come next month with some options to handle this. Mr. Gatti asked what main are you referring to? Mr. Dick responded I am referring to the gravity sewer main which all laterals tie into. Mr. Gatti asked how large of an area is the main serving? Mr. Dick responded it goes all the way back to the first lift station on Newport Drive. Mr. Gatti asked what is connected to it? Mr. Dick responded all of the units are connected to it since it is a collection system. Mr. Benson stated we do not provide any mains on their property. Mr. Dick stated we budgeted for replacement of two water transfer pumps in this years' capital budget. When the treated water comes out of the filters, it goes into a stilling well which is pumped into the ground storage tank. I have a proposal for two five- horsepower, peerless pumps and motor assemblies; and we will provide all of the equipment, materials and labor to replace this. The total projected cost is $9,887 based on a budget of $10,000. September 14, 2007 Port of the Islands C.I.D. Mr. Lambert asked is there any action required by the Board? Mr. Goscicki responded you need to approve the work authorization. On MOTION by Mr. Gatti seconded by Ms. Dillon with all in favor, Work Authorization No. ST 07 -105 for Severn Trent Services to provide equipment, materials and labor to replace two five - horsepower, peerless pumps and motors at the water treatment plant in the amount of $9,887 was approved. Mr. Lambert asked what is the status of the project Mr. Migdal presented to us? Mr. Dick responded we are moving forward as quickly as possible, but not as quickly as I would like with regards to obtaining materials and ordering the BFDs and components. Since part of this is tied to our alarm systems for the generators and DEP, it is imperative we proceed as quickly as possible. Mr. Lambert asked have we satisfied DEP requirements in proceeding with this? Mr. Dick responded we corresponded with them, but they were not satisfied with one of our responses in which the Board approved these for at least six months. Therefore, we are going to do some interim work which will meet their satisfaction. We will install temporary alarms, and proceed to get the final ones which involve the telemetry out to the wells. For example, we lost power to both wells with the storms last night. Obviously, our plant storage had no issues, but this involves going out to the well field to replace electrical components. Those problems are supposed to be eliminated as a result of this project. I am pushing Mr. Migdal as fast as possible for everyone's benefit. Mr. Lambert stated one of the two automatic blow -offs which are on the end of the street where Ms. Dillon lives appeared to have been running for at least 24 hours. I showed this to Mr. Edge and he went back there. Is there any kind of maintenance which needs to be done there? Mr. Benson responded there is some recommended maintenance which comes with those, and the company which sells those units is in this area. Mr. Dick stated there is a timer set in there which we have set to go off. It runs for 10 minutes each time we have it set to go off. Ms. Dillon stated it runs longer. Mr. Dick stated we will check this one and call the supplier to inquire about the recommended maintenance. 12 September 14, 2007 1611 " 3 Port of the Islands C.I.D. Mr. Ziko asked is the berm near the water treatment plant covered by pipe and is there a drain on it? Mr. Benson asked are you referring to the berm in Orchid Cove? Mr. Ziko responded I am referring to the berm at the back of the property running parallel to our drainage pipe. Ms. Dillon stated I believe they are preparing to put a road in. Mr. Ziko stated you cannot see the drainage pipe in the line. Are there any plans for the work which is going to be done here which we can see? Mr. Benson responded I am going to discuss this during my report. Mr. Ziko stated since Union Road belongs to us, I believe they should ask the Board's permission if they are planning to move the road. Mr. Benson stated I will cover this during my report. With regards to the berm, the pipe for the effluent is approximately five feet inside the easement for the wetlands disposal, but they should not do anything which will impede our use. Mr. Dick stated Mr. Edge was out there several times and he sent a report to me they were on this side of the pipe, which was not affecting anything. Mr. Benson stated with regards to the side of the pipe which does not have an easement for the CID to use for effluent disposal, I do not believe anything can be done about it, and it will not impact us since all of our water goes in the other direction. They may potentially be doing this, but I have not discussed it with them. However, I want to assure you our water is not coming back onto their property, but I really do not know what their intention is for the berm. It should not impact us, but I will stop there after our meeting. Ms. Dillon asked is Mr. Edge still calling the county with regards to the median drainage? Mr. Dick responded he had several conversations with them, but I cannot tell you whether or not they are going to make any changes. Ms. Dillon stated perhaps you should tell them we will take care of it and bill them, as it should be in the plans. Mr. Edge was going to put another 25 mph speed limit sign on Cays Drive. Mr. Dick stated I am not certain whether or not he took care of this. 13 September 14, 2007 %rt of the ands C.I.D. Ms. Dillon stated we asked for this because after you enter onto Cays Drive, another sign is necessary beyond Stella Maris after the road curves out. Did Mr. Edge get the results of the water sample test he did? Mr. Dick responded they have not come back yet. Mr. Ziko stated I want to know if the recipients of the lead and carbon testing are determined randomly since my home has no lead and carbon pipes. Will it be better if they go around to the people who have these lead and carbon pipes in their homes? Mr. Dick responded some of your fittings and faucets contain copper and lead. I am not certain how else we could do this without going around and asking residents about their plumbing. We create the sampling point and get it approved by the DEP, after which we select approximately 30 different locations. However, we are currently on reduced monitoring. A community of this size needs 20 samples and they reduced us to 10 because we have not had any corrositivity problems and the copper samples have been passing as low. However, this is a good point and I will discuss it with Mr. Edge. Since your water is not corrosive, we do not expect any problems. Ms. Dillon stated a resident at last months' meeting discussed an issue in which trees were causing a line of sight issue as well as the need for a Stop sign over here. We told her we were not going to put a Stop sign on Newport. Mr. Dick stated I looked at this area and noticed a large clump of landscaping in the median, creating a blind spot when a driver is trying to make the turn. Mr. Ziko stated I believe the Stop sign should be for pedestrians crossing Newport Drive. She wanted the people driving down the road to stop, which I do not believe is appropriate. Mr. Dick stated drivers need to use caution when making the left turn. Mr. Ziko stated the Stop sign should be in the area where you make the left turn before you cross enabling drivers and pedestrians to look down the road. Ms. Dillon stated since I believe this is our property, perhaps you can discuss this with Soto and request them to trim the medians along the street. SIXTH ORDER OF BUSINESS Attorney's Report Mr. Cox stated I trust the Orchid Cove agreement has gone out, but I have not received a response back, although I am certain they are still looking at it. 14 6 September 14, 2007 Port of the Iskmds�C.I.D. I have not received confirmation from Mr. Wanklyn as to whether or not he was going to propose the one -year extension which we discussed at the last meeting. I just found out he is out of the country, but I spoke to his attorney and asked him if he can find out whether or not they are going to approve this, so I can release your money out of escrow. I hope to hear from him within the next couple of days. Mr. Ziko asked are you aware the state changed the bonding requirements for the sewage treatment plant and facilities such as ours? Mr. Cox responded I am not aware of this. Mr. Ziko stated they are making it more stringent and I believe in approximately three to five years from now we are going to need to float another bond for our updated sewage treatment plant. Perhaps you can check into this and follow up since I read in the newspaper it requires 100% approval of the people in the community. Mr. Cox asked are you referring to the bond? Mr. Ziko responded that is correct. This change just came about last week in the state. Mr. Cox stated I will look into this, but I believe this is something different than what you are referring to. It is not possible for them to make it a 100% requirement for a bond issue under these circumstances. Mr. Ziko stated since they made an issue of this in the newspaper, I am concerned. Mr. Cox stated I will try to find this newspaper article. SEVENTH ORDER OF BUSINESS Engineer's Report Mr. Benson stated I have a number of issues I want to discuss with you today. The engineer for the developer at the hotel has spoken to me within the last few weeks. There are two informal items which I believe I need to mention. First of all, they are likely to be required by Collier County to install some sidewalks which I believe you asked about in the past since we obviously spent money installing bike paths. If they are required to install sidewalks in this end of the community, they will have to be placed within the CID's right -of -way in the road. I believe the Board will generally accept this as long as we present it for your approval. This is still in the discussion phase and they are aware they must ask our permission. Mr. Bissell stated we have approximately five feet from the edge of the blacktop. Will the sidewalk be within this area? 15 September 14, 2007 y{ 3 , Port of the Islands C.I.D. Mr. Benson responded I believe the right -of -way you are referring to is not really wide, but it will probably be on the other side of the road with the pedestrian crossing in the wide right - of -way. The sidewalk will run along the road, cross it and run on the other side of the road. I believe the county is trying to provide a pedestrian path from the bridge on Route 41 past the marina, which I personally believe is a positive thing. Therefore, I did not have any reason to tell them you would likely turn them down, but I did tell them you must approve use of your right -of -way. It is also likely the county will require them to do some landscaping on the west side of the road in which they are going to put in some storage. Therefore, they may request to work with the CID to install and maintain landscaping at their own expense. They may request you allow them to put the landscaping in your right -of -way for beautification. Ms. Dillon stated I thought Mr. Shucart owned this property, unless I am thinking of the wrong property in which the storage area is currently located along with the front lot on Route 41. Mr. Benson stated they do not own the front lot which has been used by the state, nor have they made a proposal. I told them if they propose to do anything to beautify the area at their cost, you would likely be willing to allow them to put plantings in the right -of -way since it is currently large and unattractive. They do not own it and they cannot do anything about it, but they can plant some additional landscaping at their own cost to help buffer the area. Mr. Ziko stated perhaps they can give us a layout of what they are asking for. Mr. Benson stated I believe they will do this, but I just wanted to inform you since I have been suggesting they make it as nice as possible. Mr. Lambert stated if they can get us a plan of what they want to do as quickly as possible, I am certain we can work with them. Mr. Benson stated another area where I had communication this month is the old RV and gun club properties north of the North Hotel. Their engineer and developer spoke to me this month and we also had a discussion on Wednesday afternoon in which they identified items they will likely propose to the CID. As of Thursday morning, they were going to submit these items today. I believe they will basically bring you a proposal as a starting point and they understand I do not approve these items without your approval. I will give an engineering approval if it is required, but not unless you tell me it is acceptable. Use of your right -of -ways is your decision. 16 September 14, 2007 Port of the Wands C.I.D. However, the gentleman through his engineer told me he will not make his proposal of these potential items today. Ms. Dillon asked is he unprepared? Mr. Benson responded I believe one of the items in the proposal required an additional partner to sign off on the project. Ms. Dillon asked have you seen a site development plan? Mr. Benson responded I have seen one and it was going to be distributed today, but they are not prepared to discuss it We had some discussion with regards to future development of the water and wastewater plant site at previous meetings. We will have to apply for an SDP in order to modify our use, and I was looking at a number of issues as we started the process. The first issue relates to how the site should conform to Collier County rules and regulations. The first exhibit shows the property the CID owns at the water and wastewater plant and it shows Union Road where it goes through and stops at the end of the property. The road is a 35' right -of -way which you own. You also own the property on both sides of the road for a total of 250' x 650'. The county has conservation zoning on the property to the north; and the line to the south is our t -zone for both your property as well as the property which the RV park and the gun club own. Those two zoning districts have different setbacks. The setback to the rear of the lot is 30'; the front of the lot is 30'; the side yard is 15' for the R/T zoning district; and the conservation zoning district is 50' on all sides. We have an SDP which was approved in 1992. I believe they may still have had the 30' setback as a requirement but if I recall correctly, it showed the existing tank which was proposed at the time as well as a tank next to it with a 25' setback which was approved in the SDP. The aerial photographs are not perfectly straight down and things have shifted. Although the bottom of the tank is approximately five feet with a 30' setback, they probably are not going to do anything because our SDP showed this and no one has ever questioned it. The other tank was shown to be built in the future. I believe we can get the other tank built, but we must obtain an SDP for it. The problem is the property at the water plant site for which we can put a building on is small. I believe it is approximately 35' wide and 250' long. The second exhibit shows the site for the new facilities in which you will try to get as much useful space out of the property you own for various public uses. When we apply for the new SDP, we can possibly shift Union Road to the west property line in which there is a stormwater management 17 September 14, 2007 Y x { Port of the Islands C.I.D. area. If we shift Union Road, the setbacks are from the edge of the right -of -way and we have over - doubled the amount of space where we can actually build structures. Therefore, instead of having a 35' by 250' strip, we will have a 115' by 250' building area. Setbacks can have driveways and anything else as long as it is not a building or stormwater management facility. Therefore, relocating Union Road is one way for you to potentially gain more usable or billable property. I sent the last exhibit to Mr. Dick and we discussed the future water plant building and storage issues. When we build the new water plant, we are going to try to build it on land away from the current water plant in order to get it built, tested and running before switching over from the old water plant to the new water plant. When we did the electrical upgrade project, we stubbed out the area where the electric can feed the new water plant building in this middle location between the wastewater plant and the existing tank. With regards to your discussions on sites for fire stations, after the new water plant is built the property where the current one is located may be able to be used for a fire station. I am not proposing anything, but I am trying to think ahead while we are doing this SDP because even if you were to acquire some property adjacent to the water and wastewater plant through the mechanisms making this possible, Mr. Cox and I believe you probably want to have it all as one parcel of land from an SDP standpoint and may potentially rezone it to public use. I am not certain whether or not this is necessary, but the main benefit is you will not need setbacks and landscaping between parcels. Therefore, if you had a fire station on CID property and considered it a multi -use public facility, I believe we must have setbacks and landscaping between all of the different uses. Is this correct? Mr. Cox responded I have not looked at this in a long time, but I am going to have to check the cost comparisons. Mr. Benson stated it will probably cost much less and this may be one possible advantage of having it as one parcel. However, I have not looked at the details of the savings either. Mr. Goscicki stated these setback requirements are only necessary on public roads. You need to determine whether it is necessary to keep it as a public road or fence it off and have the property on both sides. Do we need to allow any access down this road? Mr. Cox responded the state owns property down there which used to only have access through Union Road. We will probably have to get the state to acquiesce this, which will not be a big deal because part of the developer approval for POI specifically states you are going to 18 September 14, 2007 1611 e4" Port of the Islan .I.D. make every effort to prohibit other vehicle access through your property; which is one way of doing this. Mr. Goscicki stated it will become a road and you eliminate the setback requirement giving yourself more flexibility. Mr. Ziko asked have the homes back there been torn down? Mr. Dick responded they are gone. Mr. Benson stated the state owns the land. You can get private people to get access to this land. Mr. Ziko stated we only need access to the well field. Mr. Benson stated you have access to the tower which is to the right of the exhibit as well as the gun club property. There are currently multiple parcels including two or three within the RV park, but the gun club is considered a separate parcel. The gun club people may be driving across the RV park property today, but if it is owned by two different parties in which the road going to the gun club is a private road exiting Union Road, this may be another issue with regards to access for them. Mr. Lambert stated I suggest we hold a workshop sometime in the future. I am not certain how far away we want to do this, but I believe we need to discuss when we are going to get our water plant, sewer plant and irrigation. We also need to determine whether or not an additional building for storage and an office is necessary, as well as a fire station. Since we may be hearing something from the RV park people soon, I believe we need to set up this workshop. All of you will have a better idea as to how far off you want to set this up in order to be prepared and determine how it may fit in with information from the RV and gun club people. This workshop should be dedicated to discussing where we are going in the future. Mr. Benson stated our firm was going to start proceeding with the SDP for this property soon, but when I started working on some of the concepts of trying to utilize your property I decided we probably should not rush into the SDP. Therefore, I stopped internal work on the SDP process. I will distribute my schedule as an update in a few minutes and you will notice an item from last month in which we had a date for the SDP to be ready to go to the county. However, this date is not firm because I am going to take more time to get your input, but this was prepared to keep you as part of the process and appreciate why I was not rushing. The second reuse tank is important and is scheduled to be done this year. Although I do not have a 19 September 14, 2007 Port of the IsLas C.I.D. proposal for the SDP work yet, I have a proposal for the engineering of the tank, which we can discuss. Once I start hearing from the engineer and the developer for the former RV park property, things may change. However, they outlined a proposal which you can review and add additional requirements which may not be in the current proposal. Moving the road frees up potentially what we can do on our property, but they may have a reason for owning the road in this location. Mr. Lambert stated I believe it is important they know we are looking into the future of what needs to be done in order to keep our facilities where they need to be. It may be appropriate for them to attend the workshop and make a presentation. However, I believe there should be a meeting dealing only with this issue in order to try to come to a consensus of where we are headed in the future; and there may be an actual need for space, additional tanks and equipment. Mr. Benson stated this footprint is labeled Water Treatment Plant which will be a fairly large membrane -type water plant with storage and offices. Mr. Ziko stated I noticed the water treatment plant is not within the required design limits on your first layout. Are we running into another plot of land? Mr. Benson responded this structure was built a long time ago. When we did the SDP which showed additions made to this property, the county never questioned us after it was already on the site. If we wanted to build a new building in a location similar to this, they are strict with regards to enforcing those setbacks. Therefore, I do not believe they are going to allow you to put a new building in this location. Ms. Dillon stated moving the road will give us the setback we need. Mr. Benson stated the setbacks in place today are the same setbacks which were in place in 1991 and 1992, when we did the last SDP. I do not know what the zoning or setbacks were when the first building was built, which was before 1970. However, they were not as thorough in those days. Mr. Lambert asked what do you believe the proper timeframe should be to schedule the workshop? Mr. Benson responded as of late Wednesday afternoon they were going to have a proposal ready for discussion purposes of a number of issues for today's meeting. However, they called late yesterday afternoon and told me not to discuss the proposal because it was not 20 September 14, 2007 16� Port of the Is1nsls C.I.D. ready. I understand it was literally hours or days away from being given to you. Therefore, I believe they will be ready next month. Mr. Lambert stated I am not certain where the rest of the Board stands on doing this and whether we should do it as a second half of a meeting date or a separate date, but I personally believe we need to start getting some plans prepared for the future. Mr. Ziko stated I want to see this in conjunction with the entire plan they are proposing. Mr. Benson stated they showed me their plan earlier this week and when they give me this information with their proposal, I can prepare an exhibit prior to the next meeting reflecting how their proposal may impact this parcel. This may create some modifications which may potentially be more beneficial to you. Mr. Ziko stated when the old RV park wanted to get out, they demolished everything. They moved an awful lot of dirt and they dredged out the pond to get more fill to put on the land. Is there some sort of a permit with the county which we could see in order to determine what they are doing is allowed? Mr. Benson responded they do not have an SDP pending. Since you need to have permits for almost everything, I assume they must have a clearing or excavation permit, but I am not certain. Mr. Ziko asked should a permit or notice of what they are doing be posted on the land? Mr. Benson responded I am not certain since I really do not know much about Collier County Code Enforcement. Mr. Lambert stated I do not believe we have any authority in this regard unless it is impacting our sewer, water or infrastructure. Mr. Benson stated any citizen can call code enforcement and make a suggestion. Although I do not know what they are doing, it does not impact us to my knowledge. However, I will check on the berm near our pipe. There have been statements made about some of our easements which we corrected, and they understand this. I do not believe anyone was trying to do anything because they know where are easements are located and will stay away from them. They acknowledged this to me after we made it clear and they checked with their title company and attorneys. We have been going back and forth for many months on your behalf to try to get everything taken care of with Better Roads and I believe everything is complete. We are 21 September 14, 2007 6 ,. Port of the Is ands C.I.D. working with them to get the final bill and it has been going pleasantly. Although there were a couple of areas which were not satisfactory, I think they actually went a little further than they had to, and took care of everything in the end. Mr. Powell was the Project Manager for Better Roads and he responded to one of the letters we sent on your behalf. Although most of his statements were probably accurate, the tone of the letter was lost and perhaps he was not representing their firm very well. Mr. Lambert asked did they take care of all of the punch list items? Mr. Benson responded yes. When we receive the final invoice, it will go to Mr. Teague for processing and it will be less than we authorized because there were some items which did not get taken care of including a large change order which you authorized up to $25,000 to do the work which the hotel is going to reimburse you for. We are going to ensure this gets on their invoice accurately. I will go through my updated report which I have been distributing at the past couple of meetings. Item #1 and #2 Preliminary meetings with Collier County indicated they were going to require an SDP on the existing canal pump station site and they were potentially going to be involved with permitting work amounting to more than $30,000. However, we continued to inquire with regards to this issue until we spoke to the appropriate person, and received in writing they will not require an SDP or proposal to do the work. Mr. Lambert asked is a structure required to enclose it? Mr. Benson responded yes. However, we wanted to do this and I will discuss it further at the end of my report. Item #3 I will also come back to this item at the end of my report. Item #4 Since this item is no longer necessary, I will delete it from my report. Item #5 and Item #7 The completion date of September 28, 2007 is going to be delayed since we want to ensure all of the equipment is ordered, but this is not on a critical path. Item #6 I will discuss this item at the end of the report. 22 September 14, 2007 Port of the Islands C 3 Item #S You authorized Severn Trent to install additional pump and tank controls last month for the fire and irrigation pump station located at the wastewater plant in order for it to pump water from your existing tank and from the proposed tank. I believe this work should be underway shortly. Mr. Dick stated we had a preconstruction meeting and the work is underway. Item #9 Mr. Benson stated I was going to have an initial meeting with the county on the SDP for the wastewater and water plant site prior to this meeting, but I made the decision not do this and instead decided to present some conceptual ideas to you. We were hoping to have more information, but we are not rushing to meet a deadline on this. Item 910 & #10a We had a target date at the end of this month to get you a proposal to do the work for the design of the tank as well as the SDP for the site. I broke this down to two phases since we are delaying the SDP. I do not have an actual letter or work order, but I have the attachment which goes with the document. I believe we have $400,000 in the budget for construction costs of which 15% is for the estimate for engineering assistance during design and construction of the tank. Our staff put together a man -hour estimate to show you the different design issues which are involved as well as the assistance in construction of a tank of this nature. I told them to keep it under 15% of the $400,000, but they came in at $580 over 15 %. I am not asking for action today, but I will bring you the actual work order which we refer to in the attachment next month which you can look at and we can discuss if this is acceptable. Item #11, #12, #13, #14 I am going to leave the dates we indicated for the work on the SDP for the water and wastewater plant site until we can come up with a schedule for the entire project which will include the workshop meeting we discussed earlier. Item #15 The electrical upgrades at the water and wastewater treatment plant are on schedule with their completion date of October 15, 2007. However, Lee County Electric Co -op Power Supply comes through a transformer. As Mr. Edge and I mentioned last month, there was a switchover during some construction activity by the electrical contractor on the site, and it became apparent there was a deficiency in the Lee County Co -op transformer. I believe the transformer was being used through the emergency procedure in which power constantly goes through the wiring 23 September 14, 2007 P� Port of the Islands C.I.D. because the main way in which the switch is flipped had some kind of a wiring problem. We called both Sevem Trent and Hole Montes; and the electrical contractor involved met with the Lee County Electrical Co -op who said they were not aware of the problem, and the only person who probably knew the transformer had a problem no longer works for them. However, the Co- op told us they will take care of it. Mr. Lambert asked were they going to put underground transformers in? Mr. Benson responded it is a ground - mounted transformer. Mr. Edge stated Lee County Electrical Co -op came here the other day and I did not know what was going on out there. However, I am now aware there was a light out on the line which was corrected. This line also commuted and ran off of the water and wastewater treatment plant. The automatic transfer switch has always been on emergency power as long as I have been here because the light is out and the reason LCEC came out is because they recognized we were not using any power over there or at the meter. Mr. Benson stated this is because it is a back - feeder. Mr. Edge stated we are getting power from the sewer plant. Mr. Benson stated it is being billed on the wastewater plant meter. This is going to get taken care of as part of these upgrades. Mr. Edge stated this entire issue is going to be eliminated as soon as Gulf States Electrical comes back next week. They will coordinate with LCEC and terminate the line as they get everything else situated and organized. Ms. Dillon asked will this work cause a power outage? Mr. Edge responded I do not believe so since we have power coming from the wastewater plant. Mr. Benson stated since we were not involved in this, I do not know the specifics, but I heard after the water plant work was done it was electrically connected to the wastewater plant which is not normal and is part of the reason why we are doing this project. Item #16, #17 The generator is still on hold. Item #18 Severn Trent is going to purchase the equipment, which can be coordinated by Mr. Dick and 1. Those mixers are going to replace the old ones as soon as the switchover to the MBR is made at the wastewater plant. 24 1`` September 14, 2007 Port of t e Islands C.I.D. Item #19 The contractor is currently working on this. They will be substantially complete with the system operating on November 19a'. However, these dates are proposed. I believe the reason for the delays is their unfamiliarity with the length of time for the Collier County process. When are they going to pour the concrete? Mr. Edge responded they cannot pour concrete until Gulf States Electrical runs conduit for their wiring. Mr. Benson stated something happened with the electrical contractor who was working for them and they hired Gulf States to finish the job, but they are not requesting additional funds, since this is their problem. Mr. Edge stated they have not started anything on this particular section, but they are going to be back at the site next week working on the remaining upgrades for the water treatment plant. I am not certain of their estimated timeframe for the MBR, but I can talk to them next week. Mr. Benson stated they updated us a couple of days ago and said they were going to pour concrete. They built all of their equipment on a couple of skids which are going to be set on a pad; thereby minimizing time on site which they used when they shipped the equipment to Orlando to put these skids together. According to their report, they are going to start underground piping and conduit at the end of August, which I do not believe to be the case. Mr. Edge asked are you referring to Gulf States? Mr. Benson responded I am referring to Encore and Parkson. Gulf States will work for them. Mr. Edge stated they already built the form for the concrete. Mr. Benson stated I am not certain we can do anything to force them to make up the November 19`x' date. We may be able to push them to be ahead of this, but it is not going to be in conjunction with the contract. They are asking for a 56 -day extension to get this substantially complete. They asked for an extension to February 2151, but we told them they are going to have to do better. We know they cannot make it all up, but they should be making up a part of it on the final and we are going to work with them on this. Mr. Lambert asked are they requesting any payments? 25 September 14, 2007 1611 3 Port of the Islands C.I.D. Mr. Benson responded they have done a lot of work without asking for payment. Upon final completion, I am going to tell them they must get this done and I am going to try to negotiate something before November 19cn We have done everything possible over the last number of years to protect the CID's rights to withdraw water for your irrigation system and been successful. I believe you currently have a 10 -year permit for the canal pump station. In order to do this, we had to develop an overall plan of how the reuse water was going to be used in conjunction with the water from the canal and the potable water wells in order to get our permit extension. SFWMD staff gave a presentation to this Board approximately one year ago with regards to the project in which they were going to change the way the water flows to the north of us. They have been inconsistent with what they are going to do when they make all of these flow changes. I recall SFWMD people commenting that their modeling has given many different answers. You will have less water during the wet season, but basically they are going to have to store it in a holding area to give us a higher water table during the dry season. However, I do not believe they know the schedule for all of this proposed work. I asked at one of the meetings if the SFWMD will have to basically force the CID to give them a replacement in the event this plan for the SFWMD goes through; the CID does not have water; and we have a water use permit. There was a meeting with some people in West Palm Beach in which they discussed potential impacts. They brought up the fact we have a required use permit which is a concern for the District because they may do something with the canal. The CID can potentially see what we may get the SFWMD to do for us or jointly with us such as an alternative to canal water. I mentioned to someone with regards to the CID that it may be worthwhile for me to talk to some people at the SFWMD before we bid the project at the canal pump station for filtration and disinfection of the water to make it a higher quality. This is necessary in order to justify keeping our permit for withdrawal, but it may be a good idea for me to make the contact at this point because they have discussed giving grants in the past. They did not like the idea of giving us a grant to pay for the filtration and disinfection system. For example, it may be worth pursuing construction of two or three wells potentially near the water plant to where the tanks or new pumps are, and use this water instead of the canal water. Ms. Dillon stated I believe it is definitely worth pursuing. Mr. Benson stated I am not promising anything. 26 September 14, 2007 Port of the ISlanda_C.I.D. Mr. Lambert stated we should probably get something on the record. Mr. Benson stated the time was not right in the past, and my position on your behalf has always been to do everything possible to protect those water rights and obtain the 10 -year renewal. Perhaps I should speak to Mr. Cox first. Do you have any input on this subject? Mr. Cox responded we probably should have a conference before proceeding in order to ensure we are all in concurrence even though I agree with everything you are saying. Mr. Benson stated I am not proposing to threaten them, but we may have to in the event we suddenly did not have any water. Since I believe they are aware this is a possibility, they can probably give us a grant. Ms. Dillon stated all of this work we are doing may have to be put on hold. Mr. Benson stated you may save money over the long term. Mr. Lambert stated they need to understand the ramifications up front. Mr. Benson stated when we talked to them they were not certain where they stood on this project or what it was going to do to us. However, it appears there are some people who are starting to believe it may be a good idea. Mr. Ziko asked how far along are we with the work on the pump station? Mr. Benson responded the design is almost ready. Mr. Ziko stated we were going to replace one of the pumps over there. Mr. Benson stated we need to replace the pumps because you need to have the required irrigation for maintenance of this equipment. You must also retain the pump station for emergencies, even if you put water in to be flushed from the system later, as DEP told us a few years ago. If you take water directly from the canal and put it in the line at any time, we will have to flush the line afterwards. I will make the contact and I hope to have something to tell you next month. Based on some issues which have arisen with regards to Orchid Cove, I want to know if there are any items the CID feels strongly about which need to be shared with the engineer and developer for the property to the north. Mr. Lambert stated I believe there should be automatic flush points on the water line, so we do not get tied up in having to do this. Mr. Bissell asked what about the irrigation on the boulevard? 27 September 14, 2007 i Port of the L's C.I.D. Mr. Benson responded I am referring to the property further north and there is no boulevard. I suggest you try to convince them to build a permanent road for you, since it is a dirt road. Ms. Dillon stated I have no doubt they intend to pave roads over there. Mr. Benson stated I think this is something you expected, but I just want to be certain since it came up with Orchid Cove. Mr. Goscicki stated this Board adopted a standard developer's agreement two years ago for these issues. Mr. Benson stated I looked in the minutes and it was never adopted. It was discussed to be used as a guideline, but was tabled by Mr. Bissell. Ms. Dillon stated it was a guideline for you to use. Mr. Benson stated this deals with water and sewer issues as opposed to roads. However, we will include all of the issues in the developer's agreement. I am certain I know what you are looking for since I have done this a number of times. If we were potentially going to put in wells for irrigation water, perhaps we may need property to put the wells on in order to avoid putting them on our property. Collier County has been requesting wells on a regular basis over the last couple of years. Mr. Lambert stated we may also want to consider purchasing more property to the south. I am not certain what their actual plans are, but if it is close to the site plan, it does not appear to be a prime spot to park an RV. Mr. Benson stated someone on the Board mentioned this previously. Mr. Lambert stated we do not necessarily need five acres, but perhaps we can expand out more to give us some breathing room. Mr. Benson stated they will likely make a proposal based on their suggestions as well as things I told them which I believe you are going to be satisfied with. I told them I am not negotiating this for you, but I am just going to bring you their proposal. If their proposal is closer to the things I understood the Board has said publicly at various meetings over the years, this will be mentioned and they may include them before we have to negotiate. Mr. Ziko stated we want to see an overall site plan of what is going on over there. Mr. Benson stated you will see it because I have one which was going to be distributed today, but they asked us to hold off on it because of one issue they did not resolve. NM September 14, 2007 1 6 1 .t � Port of the 1"slands C.I.D. Ms. Dillon stated I asked you a question last month with regards to ERCs with the marina since they were building extra docks and they opened a small eatery. I wanted to know whether or not they were within their allocated ERCs. Mr. Benson stated I received a call from someone at Severn Trent asking an assessment question relating to those properties. In order to answer this question, I got the document which was recorded in the county records between the marina and property owners. This person basically wanted to know how many ERCs those properties were going to receive, and the documents identified both properties as having marina slips. Since marina slips stay with the marina, I am certain they are within their allocation. Mr. Ziko stated I would like to get an updated list of where the ERCs are allocated throughout this entire community since it was asked for and you responded; I can update this summary based on the current owners. Our ERCs have not been updated for 2%z years and I want to know how many belong to the marina, hotel and docks. Last month you told us some docks belong to the hotel. Mr. Benson stated that is correct. Mr. Ziko stated you just told us they all belong to the marina. Mr. Benson stated some of them belong to the hotel. Mr. Ziko asked can we find out which ones belong to the hotel or marina and which ERCs are allocated to each entity? Mr. Benson responded I will bring the updated list to the next meeting. Mr. Ziko asked can you e -mail it to me? Mr. Benson responded I can do this next week, but I am going to run it by the manager's office because we have been trying to determine which of these different units which were built at Stella Maris came on line within the last 12 months. We will verify this with them in order to ensure we are all on the same page. Mr. Ziko stated this will be something we can follow in the future. Mr. Benson stated we are referring to ERCs as opposed to assessment units, which are slightly different. I believe the only property which changed with regards to utilities since the last time I distributed something, are the parcels in how they add and divide them again. Mr. Ziko stated we just need something with a current date. WE September 14, 2007 ry 'iui Portr I Ihlfar�s D. SIXTH ORDER OF BUSINESS Attorney's Report (Continued) Mr. Cox stated I believe I found the article we were discussing earlier. Are you referring to the Supreme Court ruling on the tax increment financing? Mr. Ziko responded I believe this is the one. Mr. Cox stated it is for Escambia County. Actually, I looked at this case when it came down. Tax increment financing is slightly different than what you are doing. Under tax increment financing, you are using an ad valorem assessment, but you create a Community Redevelopment Area or CRA. An increase in the value of the property as a result of the improvement the CRA funds includes the incremental increase in value as well as the taxes which have to be rolled back into the CRA. According to the court ruling, the Constitution states anytime you issue bonds which are financed with ad valorem taxes you must have a referendum of voters affected by this. These CRAB are also used in commercial areas to provide the property owners with an opportunity to vote as to whether or not to issue the bonds. Therefore, it is a completely different issue which confuses ad valorem taxes with non ad valorem special assessments. The constitutional provision which made this effective will not apply to you. Mr. Ziko asked will we have a problem floating a new bond when the new plan comes due? Mr. Cox responded I do not believe you should have any problems. Your track record is good because of all of your efforts to carry your decisions through past issues. You will probably even be able to get a rated or insured bond which will prevent you from having to keep the interest reserve in place. The most difficult part of the first couple of years of CDD financing is having hundreds of thousands of dollars locked up in your reserves. Most of the issues we currently deal with are insured. EIGHTH ORDER OF BUSINESS Supervisors' Requests Mr. Bissell asked does anyone know whether or not the HOA paid the bill for the electrical work? Mr. Edge responded I just spoke to a representative and he submitted a check request from the HOA. I believe this is all worked out and they are going to get a credit for the landscaping work from Big Cypress. Mr. Bissell asked when will we receive our check? 30 September 14, 2007 V 1 , txrt of the Islands C.I.D. Mr. Edge responded I am not certain, but they did put a check request in for $600 to reimburse us. Mr. Bissell asked what is the length of time if we do not receive it by a certain date? Mr. Edge responded since I will be working with him on Monday, we will discuss this. Mr. Bissell stated the irrigation along Cays Drive has been running during the day at the same time it has been raining. Ms. Dillon stated I believe something happens to the timer each time there is a power interruption. Mr. Lambert stated you need to ensure the timers have rechargeable batteries. Mr. Cox stated you must get this under control because they are taking the penalties on this issue seriously. Mr. Benson stated it also wastes water and we must be careful with our consumption in order to comply with our permit. Mr. Lambert stated I thought Mr. Teague was going to bring a proposal for a policy on late fees and turnoff services as we discussed last month. Mr. Goscicki responded I have not heard anything from Mr. Teague, but we do provide these services. Ms. Dillon stated he was going to bring an example of one of our water bills with a proposed verbiage if the bill was under $5, as well as what late fees we were going to impose. Mr. Lambert asked are we going to set up a workshop to discuss what we are going to do in the future? Mr. Bissell responded we should decide now. Ms. Dillon stated we should wait until Mr. Benson tells us he has something more definite laid out with regards to the plan over there in order for us to have something to work with. Mr. Lambert stated I assume we have to publish a notice for the workshop. Mr. Bissell stated that is correct. Ms. Dillon asked perhaps we should do this in November. Mr. Lambert asked do you believe it is necessary to wait this long? Mr. Benson responded I hope most of the information which was given to me earlier this week can be presented next month. When they told me not to distribute this information yet, I 31 September 14, 2007 Port of the Islands C.I.D. believe they implied it was only a short delay. I anticipate having information for you next month which you need to consider first in relation to taking this one step ftirther. Mr. Lambert asked do you want to hold this workshop on the same date as the regular meeting? Mr. Dillon responded no. Mr. Bissell stated perhaps we can set up a time in which they can make their presentation to us during the workshop since it is considered a public meeting. Mr. Benson should notify me when they are prepared, after which we will set up a date and time. Who handles the public announcements? Mr. Goscicki responded Severn Trent handles this. Let us know the available date; we will poll the Board for their availability; and get something scheduled. Mr. Lambert asked does Mr. Cox need to attend this meeting? Mr. Cox responded since your regular meetings last four to five hours, perhaps we should hold the workshop the day before. I can come down on Thursday morning; we can hold the workshop on Thursday afternoon; and hold the regular meeting on Friday. Ms. Dillon stated the date will be November 8h. Mr. Bissell stated we want to do this in October. Ms. Dillon stated although October 12a' is the meeting, if we do not have this material or the people cannot attend, we want to keep it flexible. Mr. Lambert stated I think all we really need is an idea of what they are doing; how it will affect us; and how we may want to think about what should be done. Mr. Bissell stated they should be able to give us a preliminary plan. Mr. Benson stated that is correct. Mr. Ziko asked is there going to be a one -month delay on the plans or can it be ready within the next couple of weeks? Mr. Lambert responded they need to know we are getting ready to make some decisions for how we are going to do business in the future, and this appears to be a good time to be involved in the event they want to add input. Mr. Ziko stated two weeks from now will be better for me because I am anxious to attend the workshop. Ms. Dillon stated you are not going to be here next month. 32 September 14, 2007 Mr. Ziko stated that is correct. 1 3 . Port of the Islands C.I.D. Mr. Cox stated I already have plans which can be modified, which I will discuss. Mr. Benson stated I can contact the developer's engineer after this meeting with a proposed date and call Mr. Goscicki as soon as I hear back. Mr. Gatti asked how much time are they going to require? Mr. Benson stated I believe it will be less than one hour. Mr. Gatti stated we should give them a certain timeframe at one of our regular meetings. Mr. Bissell asked when will we have the opportunity to discuss this? Ms. Dillon responded our workshop will take place after this. We should do this on October 12a'. Mr. Ziko stated I do not believe I am going to be here. Since they just delayed this from Wednesday to today, perhaps they are close enough to do it in two weeks. Mr. Benson stated I will contact them and call Mr. Goscicki if it works out. Mr. Bissell stated I believe this is what we should do. All five Board members should be present. Ms. Dillon stated with regards to the signs, we were waiting for the permitting and the company to do the work. Mr. Goscicki stated I have no information. Mr. Ziko stated there was an e -mail from Mr. Teague earlier in the week asking for approval in order to proceed; and I believe all members approved it and sent it back. Mr. Lambert stated I thought there was an e -mail from Mr. Teague to whomever is doing the sign work to respond to all. Mr. Goscicki stated I was under the impression the Board needed to approve the final colors of the signs. Mr. Bissell stated this was done. Mr. Goscicki stated apparently you have all seen this and approved it. Ms. Dillon stated there was an article this week in the newspaper with regards to Route 41 and the scenic designation. I intend to write a letter to Mr. Colletta because I personally believe this should be designated as a scenic highway since there are some strong factors on either side. Perhaps we should send a letter to Mr. Colletta from the Board representing POI 33 September 14, 2007 Y Port of the Isl 'adds C.I.D. requesting this unless we want to leave it as a personal issue. However, I believe something from the Board will carry more weight than one person. Mr. Ziko stated I agree because I believe we have been slighted in this whole process even though we are the largest community on Route 41. Mr. Bissell stated I want to see this happen. Mr. Lambert stated I personally agree with this. Mr. Bissell stated perhaps Mr. Cox can draft a letter to Mr. Collette and the County Commissioners indicating the POI community members want this designation to take place. Mr. Cox asked is this for a state or federal designation? Ms. Dillon responded the article referred to both designations. I am not certain if the federal designation will supersede the state. It runs from County Road 92 to the county line outside of Miami. The proposal will include turnoffs as well as speed limit reductions, which will mean less traffic on the road. Mr. Cox stated I will be glad to write a letter. We just went through the state process up here, and now we are going through the federal process. Although it is a lot of work, the designation is rewarding for the community. Mr. Ziko stated Mr. Colletta has had discussions with Marco Island, Plantation and Chokoloskee; but he has ignored Port of the Islands. Mr. Bissell stated perhaps we should invite him to our next Board meeting. Mr. Lambert stated perhaps we should wait until January when more people are here. Mr. Bissell stated there was a letter presented to my attention. Mr. Bissell: Please find a copy of the proof of the sign. We would like to use the same spot where the old sign used to be. This is a monument sign which will, in turn, enhance the neighborhood and give us business. We would like the committee to approve this as soon as possible. This was signed by the owner of the North Hotel and he included a drawing which was designed by Mr. John Goldstein. Mr. Ziko stated this sign does not conform to county codes. It is 11' wide and the county will not approve it. Mr. Motwani stated the county will approve the sign at 8'. Mr. Ziko asked do you have the permit? 'In September 14, 2007 1611 A 3 Port of the Islands C.I.D. Mr. Motwani responded we need to get your approval before we can submit it to them. I have been going back and forth for six months and it took them three months to send me your original sign which was already approved. Mr. Bissell stated the sign says, Port of the Islands Hotel and Bar /Restaurant and it is 1 I' wide and 96" high. Ms. Dillon stated this is not the issue. He is proposing for the sign to go where the Union Road sign is located, and it is our understanding from the county you cannot have two signs there along with some other criteria prohibiting this. Mr. Cox stated I wish I could see a diagram of the sign. Mr. Lambert stated we can fax it to you. Ms. Dillon stated our logo is on the proposed sign. Mr. Motwani stated they told me this was required. I put the logo in the middle and Hotel and Bar /Restaurant on the bottom. Ms. Dillon stated this location has the entrance to Union Road; Orchid Cove; and the gun club. I believe all of this information must be on one sign, and you cannot have a specific business on the sign. Mr. Dick stated you cannot advertise the business. Mr. Goscicki stated I will send this to Mr. Cox to review and give us his opinion. Will this sign be in lieu of them putting up the other sign? Mr. Motwani responded that is correct. I am spending close to $8,000 to have the monument put up there in order for it to look better and match the other signage. Ms. Dillon stated I understand, but there are rules preventing us from doing this. Mr. Bissell stated I will fax this as soon as I get home today and get a legal opinion. We will get back to you at the next Board meeting unless Mr. Cox can do something sooner. Mr. Motwani stated I would appreciate it if you can get back to me as soon as possible because it is going to take them a long time to put this up. Ms. Dillon stated you must get a permit first. Are your hotel, bar and restaurant open? Mr. Motwani responded yes. NINTH ORDER OF BUSINESS Audience Comments Mr. Mack stated the property on Route 41 which is being landscaped by the hotel is supposed to be set up for boat storage. You may want to consider landscaping with larger plants. 35 September 14, 2007 Port of the Islands C.I.D. � f Ms. Dillon stated I believe this is Mr. Shucart's property and they want to block the property off. Mr. Mack stated you may have a larger building there someday. Mr. Lambert stated with regards to large plants and landscaping, I was aware of the area around the drainage. Mr. Benson stated the engineer brought up the subject of landscaping in the area where they are going to have a parking lot, which is in for permitting with the county. He said we may want to go to the CID in order for the landscaping to be on the CID's property closer to the road and they will install and maintain it. I suggested they propose going further because the other property is unattractive. Mr. Mack stated I was told our existing road should be brought over to the east and swing around toward the gun club, and they were going to allow approximately two acres for our use. This would be a nice piece of land to use for the water plant and other future projects. Ms. Dillon stated this is why we really want their input before we plan something. Mr. Benson has done a great job here. Mr. Ziko asked will they swing the road over before or after the dormitory? Mr. Mack responded I believe it will be after the dormitory. Mr. Lambert stated this is hearsay until we hear something from them. Mr. Benson stated I know we have had a number of these discussions with the fire department over the years because I personally get involved in some of them with the fire chief out in the field. How much property has the fire department said they need? Mr. Mack responded they need three- quarters to one acre. One acre is ideal because they can put a chopper pad there, but three- quarters will work out as well. TENTH ORDER OF BUSINESS Approval of July 31, 2007 Financial Statements and Check Register Mr. Ziko asked how can we determine which funds these cash flow projections go to? Ms. Dillon responded it is indicated on each page. Mr. Ziko stated Check #51607 has an entry of 14 cents. We spent more money getting our minutes sent under separate cover, and I hope we are not paying for the postage when this occurs. Mr. Goscicki stated I am not certain. 36 .� OL 3 September 14, 2007 Port of the Islands C.I.D. Mr. Bissell asked does this happen to other Districts or just POI? Mr. Goscicki responded someone may be on vacation or get backed up and they do get sent out under separate cover. However, it is not usual, but it happens occasionally. Mr. Cox stated this happens with other companies as well. Mr. Ziko stated I believe this should be automatic as opposed to asking us if we want to print 49 pages on our computer. We had to respond that we wanted to get the minutes sent to us. Mr. Goscicki stated we normally will send you an e -mail or transmittal it is being mailed separately. Mr. Ziko stated this request was sent to all of us. Mr. Goscicki stated this is unusual. If it is not in the agenda package, we will notify you it is not in the package and send them out under separate cover. Ms. Dillon stated it does say this, but we also received an e -mail asking us if we wanted a hard copy, which we did because I am not going to print out all of those pages on my computer. Mr. Goscicki stated this may have been Mr. Teague just seeing if you wanted to get them in advance and we would have brought hard copies today. Ms. Dillon asked how are your responsibilities going in overseeing our pension fund? Mr. Bissell responded I have been out of town since I was designated. Mr. Goscicki stated we prepared a Demand Letter under our signature to send to Florida State Underground in the amount of $14,000 which they owe or were overpaid. Ms. Dillon stated I was not aware of this. Mr. Benson stated the auditors determined there was an overpayment to Florida State Underground in the amount of $14,714.86; and I assume you must have sent them a letter. Mr. Goscicki stated I was told we need to send a letter, but I had no background. Mr. Bissell stated you should send the letter. Mr. Benson stated I agree you should definitely send the letter. There was a bookkeeping error on a pay request which was not caught. Although the final payment was correct, the amount which was previously paid was entered incorrectly and no one noticed it. One of the payment checks had too much money on it and they received more money than their contract called for. Therefore, they need to be held liable for this amount. Mr. Goscicki stated we will send the Demand Letter and if we do not hear from them we will move forward. 37 September 14, 2007 Port of the Islands-3.1),' Mr. Ziko asked who made the error in the payment? Mr. Benson responded we review and recommend the payments throughout the project. Sometimes the previous payment check is cut prior to the next one being processed, and the verification as to how much they were previously paid was not able to get done, so it did not get caught, but it should have been caught before the last payment. Mr. Ziko asked how long has this been outstanding? Mr. Benson responded I am not certain, but I believe the work was completed approximately one year ago. There was a question on the same contract with regards to a line item for capital improvements, whether it was the MBR plan or something else Florida State Underground did. Therefore, they were still getting money last year. Mr. Ziko asked what are our chances of collecting? Mr. Benson responded I believe they are good. Mr. Bissell stated perhaps you should give them 30 days to pay and if they do not pay, Mr. Cox can handle it from there. Mr. Goscicki stated we do not give them 30 days. We just tell them to make the check payable to Port of the Islands. They were previously contacted with regards to this and it is now being put in writing with all of the detailed background. On MOTION by Mr. Ziko seconded by Ms. Dillon with all in favor the July 31, 2007 Financial Statements and Check Register were approved. ELEVENTH ORDER OF BUSINESS Adjournment There being no further business, Norine Dillon Secretary On MOTION by Mr. Ziko seconded by Ms. Dillon with all in favor the meeting was adjourned. W 'Tgcodore Bissell 1611 Port of the Islands Community Improvement District Agenda Friday September 14, 2007 10:00 a.m. 1. Roll Call 2. Approval of Minutes of the August 10, 2007 Meeting 3. Audience Comments 4. Manager's Report Egret Room 25000 Tamiami Trail Naples, Florida A. Consideration of Resolution 2007 -9 to Write Off Uncollectible Accounts Receivable B. Discussion of Telephone Service Upgrade for Teleconference Speakerphones C. Discussion of Assessment Question for a Lot in the Name of POI Development 5. Field Manager's Report A. Discussion of Landscaping Improvements on Newport Road B. Discussion of Purchase of New or Used Mosquito Control Sprayer 6. Attorney's Report 7. Engineer's Report 8. Supervisors' Requests 9. Audience Comments 10. Approval of July 31, 2007 Financial Statements and Check Register 11. Adjournment Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News PORT OF THE ISLANDS 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 010948 59424866 NOTICE OF MEETINGPOR State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 09/07 09/07 AD SPACE: 74.000 INCH FILED ON: 09/07/07 -- - - - - - - - - - - - - - ne --------------- ---- -- - --- --------+------- -- -- -- Signature of Affiant Sworn to and Subscribed before me this `?h day of 200 Personally known by me ul ,li'.lt A Q 1M Q.n N { JUDYJANES :. Commission DD 675029 - Expire sMay 16; 2011 P,o n„, Ba Id Tm Fenhcoxre BOP7/S7419 1611 1 3 RESOLUTION 2007 -9 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT TO WRITE OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE WHEREAS, the Board of Supervisors, hereinafter referred to as the "Board ", of the Port of the Islands Community Improvement District, hereinafter referred to as "District', to write -off uncollectible accounts receivable. WHEREAS, the Board desires to write -off uncollectible accounts receivable in the aggregate amount of $131,735.86. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT THE FOLLOWING: 1. Uncollectible accounts receivable will be written off in the aggregate amount of $131,735.86. 2. This resolution shall become effective this 14`" day of September, 2007 and be reflected in the monthly and Fiscal Year End September 30, 2007 Financial Statements and Audit Report of the District. Port of the Islands Community Improvement District Theodore Bissell Chairman Attest: Norine illon Secretary '1 September 1, 2007 Board of Supervisors Port of the Islands Community Improvement District Subject: August Operations Reports Dear Board Members: In accordance with Article 4, Section 4.13 of the operations contract, enclosed please find the August 2007 monthly operafing report for Pat of the Islands Community Improvement District facilities operated by Sevem Trent Services. Also enclosed, are copies of the July 2007 Drinking Water Monthly Operations Report and the Wastewater Discharge Monitoring Report. Should you have any questions or reed add'iti'onal knformafion, please don't hesitate to call me. Sincerely, Robert Edge Chief Operator Severn Trent Services • 5726 Corporation Circle, Fort Myers, FL 33905 • Tel 239 -694 -3310 • Fax 239 -694 -5357 www.sevemtrentservices.com 1611 po/t4 o/ 44g- =# -rht oo_rl August 2007 Operations Report Waiter Treabnent Punt Oaeradons and Maintenance The Water Treatment Plant produced and distributed 1.612 MG for the month of July, with peak daily flow of .079 MG. Daily Flow totals are recorded later in this report for your review. Wastewater Plant CW eratfons and Maintenance The WWTP treated approximately 1.532 MG for the month of July, with peak daily flow of .063 MGD. The daily flow lotals are recorded later in this report for your review. Permit Compliance: WaterTriestrnent Plant: All regulatory agency requirements of the water distribution system were mantaked with a chlorine residual greater than the regulatory requirement of 02 parts per million (ppm) and a constant system pressure of aver the regulatory requirement of 20 psi throughout the water distribution system. Wastewater Treatment Plant AI monthly Laboratory analyses were in compliance for the month of July. Events Occurring Throughout the Month: o Port of The Islands Realty had a sewer back up in their building, in to month of July, and notified the South Hotel, whom they rent from. Their Maintenance Manager mvesligated the problem, and hired and outside plumbing contraclor, `Eddie Bock's Plumbing, Inc.', to atternpt solving their probiern White unclogging their Ines, they also noticed further blockage m the CID's W, sewer collection line. The same company continued to do their own investigation of the collection line by televising and repairing a small portion of the 8 inch line, at the approval of the Hotel Owner. After speaking to the Maintenance Manager, he intorrned me that he made several attempts to notify us with no success. As a result, we have an invoice in the amount of $4, 125.00 that we should discuss during our 9114107 meeting (atached at the end of this report). Severn Trent Services • 5726 Corporation Circle, Fort Myers, FL 33905 • Tel 239 -694 -3310 Fax 239 - 694 -5357 • www.severntrentservices.com POA-4 G/ AAA ._sla -was August 2007 Operations Report There still remains a significant amount of sewer line that is in need of repair. I have employed our Special Service Department to make further investigation of this problem and provide the CID a proposal for complete rehabilitation or reconstruction of sewer line. • Gulf States Electric working throughout the month at WTP and WWTP installing new wiring and conduit for electrical upgrade. • Encore Construction began working on the MBR upgrade at the WWTP. • Contacted Collier County and Lee County Mosquito Control: • Collier County has nothing for sell at this time. • Lee County has an auction every March, to sell all of the unwanted equipment • Contacted 3 Air Conditioning Companies for Estimates to install an A/C unit in the WTP Electrical Control Room. Outstanding Bid/Estimates • Quality Air Conditioning Company, Inc.: Proposed a Ruud 7.5 ton Condensing unit plus 7.5 ton Air Handler for $9,580.00. • Conditioned Air Corp of Naples: Proposed a 3 ton, 17.15 seer A/C unit for $9,400.00. • Jones Air of Naples: Still Awaiting • Solo's lawn Service: Landscaping project on Newport Drive @ krigation meter/storm drain. $700.00. Severn Trent Services • 5726 Corporation Circle, Fort Myers, FL 33905 • Tel 239 -694 -3310 Fax 239 - 694 -5357 • www.sevemtrentseNices.com �3 Po.L-A o/ -42- -fIdt. -cf-f August 2007 Operations Report Water Loss Report Month Fin Meter Fin Flow Water Sold Other Accounted for Water Water Loss % Water Loss 6 Month Running Average Jan -06 240220 3,342,000 2,447,360 70,000 824,640 24.7% 18.1% Feb 243562 3,300,000 1,708,940 70,000 1,521,060 46.1% 24.0% March 246862 2,716,000 1,449,175 70,000 1,196,825 44.1% 21.2% April 249578 2,525,000 1,449,175 70,000 1,005,825 39.8% 19.9% May 252103 1,757,000 1,998,830 70,000 - 311,830 -17.7% 18.5% June 253860 1,523,000 1,887,610 70,000 - 434,610 -28.5% 24.9% July 255383 1,896,000 682,760 70,000 1,143,240 60.3% 37.5% August 257279 1,497,000 984,730 70,000 442,270 29.5% 32.4% e tembe 258776 1,440,000 850,588 70,000 519,412 36.1% 32.0% October 260216 1,642,000 1,054,520 70,000 517,480 31.5% 29.6% November 261858 1,921,000 1,461,420 1,117,570 70,000 389,580 20.3% 29.8% December 263779 2,242,000 70,000 1,054,430 47.0% 32.8% Jan -07 266021 2,542,000 1,715,190 70,000 756,810 29.8% 29.0% February 268563 2,628,000 1,844,410 70,000 713,590 272% 28.5% March 271191 3,027,000 2,299,300 70,000 657,700 21.7% 26.8% April 274218 2,708,000 1,673,830 150,000 884,170 32.65% 30.5% May 276926 1,911,000 1,109,490 70,000 731,510 38.3% 29.8% June 278837 1,862,000 1,335,810 70,000 456,190 24.5% 25.6% Jul 280699 1,604,000 1,035,870 139,500 428,630 26.7% 26.7% Au ust 282303 Se tember Chloride Level in Faka Union Canal Severn Trent Services • 5726 Corporation Circle, Fort Myers, FL 33905 • Tel 239- 694 -3310 Fax 239 - 694 -5357 • w .sevemtrentsemces.com PoA-� 0/ -044A- August 2007 Operations Report Date Chloride Concentration 8/21/07 74 mg/1 8/28/07 83 mgA 9/4107 77 m /I 9/10/07 85 m I Daily WaterMastewater Flows July 2007 Severn Trent Services • 5726 Corporation Circle, Fort Myers, FL 33905 • Tel 239- 694 -3310 Fax 239 -694 -5357 • www.severntrentseNices.com Po/t.1 of AAA sht o ct r August 2007 Operations Report June Water Flow MGD Wastewater Flow MGD 1 .054 0.053 2 .045 0.059 3 .060 0.053 4 .062 0.055 5 .074 0.064 6 .068 0.060 7 1 .058 0.066 8 .045 0.052 9 .051 0.056 10 .057 0.058 11 .079 0.051 12 .067 0.057 13 .069 0.054 14 .045 0.051 15 .033 0.047 16 .051 0.062 17 .046 0.046 18 .050 0.050 19 .057 0.072 20 -054 0.065 21 .043 0.053 22 .035 0.055 23 .046 0.057 24 .042 0.060 25 .042 0.052 26 -049 0.049 27 .044 0.067 28 .046 0.058 29 .042 0.046 30 .054 0.058 31 .045 0.060 Maximum 0.079 .072 Total 1.613 1.747 Average 0.052 0.056 Severn Trent Services • 5726 Corporation Circle, Fort Myers, Fl. 33905 • Tel 239-694 -3310 Fax 239 -694 -5357 • www.severntrentseNices.com 0.09 0.08 0.07 0.06 O 0.05 g 3 LL 0.04 0.03 0.02 0.01 e 3 August 2007 Operations Report Port of the Islands Water and Wastewater Flow June 2007 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Severn Trent Services • 5726 Corporation Circle, Fort Myers, FL 33905 • Tel239 -694 -3310 Fax 239 -694 -5357 • www.sevemtrentservices.com °d W 1611 �d v Y a� p u C S u u rz�90 .-qg� � Y w J A m a kS V u � p u C S u u C u i+ 0O � Y w a� V Y u O O F p� Y Y m M O d O ° to 4 m Y r Y _ y O v m O w .L d V Y ei u O O .9 q M Y t O � w x 8 0 P6 «s .9syL q yY W O 9 $ r a° G u p Y u q O ^+ 4 O g d 3 ' a • O � \V (�� 1 Z J A m a kS w 3 LL 0 W a E9 0 2 0 v fA 3 a LL Z 0 9 W IL 0 X u 0 if N m e km �A v 5 � ° 0 e$8� Og E 0 y(5o 1-g D 0 g D3 �o p � y a� yo+ p t uq e ',,ggam Eo �' A .s o E .. it ^mc�f Nne�omTf! nmm.- d c � m.nmmYOmm�a o� co o ou��cocooc Af mmm G EA D 66 U $ V U m D iw 3 -V a3 a .gO ( q G v ° C•W g 7 w � O T �-o a9 E cD � x la7 E �F+U m $ At ii o� °a of ��'b A10 m° 104 s iVv SY o 99 p� =Mcm w m Y raw �1UYf n �OAf n n O m <elm tl N Y Y m A AA a Y o j ,pONIV m m m n. 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F z z z z a � O no z ad d e add r u r Ml r m as a $ a c �p o Ca l °�° z° a tiVu � ! axe°$ �J21 a� yT JV V6 L p� m �p CY N LLb 8m s� C ; c 9 � o 9g o $ a g :t v. ys 3 um, a u o '9 �V o€ a n-� V u O � $ 3 a W � Y W a'9 �o Sm � mk .m9 r 3 0 m 9 {a e N T P W d F a a� {� 0 PG _N 5 0 o� N m O� W o o y 0 v a� {Q 0 u W o U 0 m a � 3 �p �FF 2 O � W Q ate. a a 0 {QsQ c c� a� a 0 c.i e 3 s° a W `e 9 � O O s� ao3 w Q 0 W V7 a 7 U oo Y Q Q e8 ppr L �a a H rA CO ii Op a N z w z z� z ry0 y w A °z O U I O W O 1611 43 c s� 1 a: 9 ` z; ae a: n� s �j i 9 g� e� S 9LLLLLL B O yv L ° a "§ as i r a r 3 �3 a; e 5 v . 0 4 a 0 s w a. 9 O M M Y a w 0 Y 0 a z r w 1611 a 3 DAILY SAMPLE RESULTS - PART B nitNurbw FID141704 FACHM NAME: Pan of the Islands CID NnX)RM PERIOD Ft Am 1 Tw 30ROW Code XL $Ip 1 2 3 4 5 6 7 e 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 V 28 29 30 31 Total b. Avg. GOOD 5 (AGI-) 0-001 Fecal Coiiorm W100ML) D-WI Coalotm. Fecal. %law R-001 Npogem Total (rnglL) D.0" pH MI) D-001 Flasphons (001) D-m TRC (For Dmilea) (n *&) R-M 0001 TSS (MGIL) R-M 0401 Tw0b* (NT71) R-m Oxygen, Dissolved (� -) D-001 TRC (For Dechbr.) ( -) 0.001 80082 74055 51005 00800 06100 00565 50060 00530 00070 00300 50080 EFA -01 EFA-01 EFA-01 EFA-01 F-FA-01 EFA-01 EFA-01 EFB-01 EF13-01 EFD-01 EFD-01 72 7.0 28 6.0 < 0.001 7.1 4.1 29 6.8 < 0.001 72 6.1 26 6.3 < 0.001 7.1 4.0 25 5.7 < 0.001 6.8 4.7 2.7 7.0 < 0.001 72 5.4 20 6.0 < 0.001 72 6.2 1.2 7.0 < 0.001 7.3 1 3.4 28 7.0 1 < 0.001 7.0 1.9 2.3 6.4 < 0.001 7.1 3.8 29 7A < U.O01 7.1 4.9 24 7.0 < 0.001 2.0 U 1.0 U 27 7.1 0.1 8.1 1.8 3.1 7.0 < 0.001 7.1 1.6 1.6 110 < OA01 7.1 5.9 0.7 110 < 0.001 7.7 2.9 0.7 7.0 < 0.001 7.4 1 3.8 1 32 5.9 1 < (1001 7.6 3.9 25 5.6 < 0,001 7.3 6.7 28 6.0 < 0.001 7.0 2.1 1.9 5.9 < 0.001 7.1 5.4 1.6 7.0 < 0.001 7.2 42 3.3 7.0 < 0.001 7.2 3.6 3.5 7.0 < 0,001 7.3 5.9 29 113 < 0.001 20 I j 1.0 U 28 72 0.3 6.7 1 1.8 28 6.8 < 0.001 7.2 2.5 2.7 7.0 < 0.001 7.3 25 28 7A < 0.001 7.5 4.4 3.5 7.0 < 0.001 7.3 2.3 3.0 7.0 < 0.001 7.4 2.6 3.1 7.0 < 0.001 Z3 3.2 32 ZO < 0.001 7.3 3.3 24 7.0 < 0.001 4.0 2.0 100% 5.5 223.9 0.36 132.90 3.6 78.4 204.7 20 U 1 1.0 U 2.7 7.2 0.15 4.3 1.8 2.5 &6 < 0.001 kW STAFFNG f Se6t O0erg0r Class A A CeriBraft NO- 2 10 3 DAILY SAMPLE RESULTS - PART 8 ?r�RNamber FL11141704 FACHXYNAIL Pat of the Wands CID 140NITORING PERIOD Fmm: .bat 1 TO 302007 rLANT STAFFING Yay Shift Operator Class: YemV Shift Operaor Class: " Shift OparaW Class: sad Opemta Class: A CerWteets No_ 2129 Cerafigle No.: Certficab No.: C Cef icate No.: 8778 11 Name: Laity Slone Name: Name: Name: Robert Edge FLOW (MGD) CSODS powntCapaaly (TMADF/P Capacdy) x 100 TSSWA) FLOW (MGD) FLOW (MGD) FLOW (MGD) FLOW (MGD) Code 50050 80082 00180 00530 50050 50050 50050 50050 Mon. Site FLW-01 INF-01 I I4F-01 W-W FLWF02 FLWWA FLW-03 I FLW-04 1 0.053 0.0 0.0 0.053 2 (1099 0.0 0.0 0.059 3 0.053 0.0 0.0 0.053 4 0.055 0.0 0.0 0.055 5 0.064 0.0 0.0 0.064 6 0.060 0.0 0.0 0.060 7 0.068 0.0 0.0 0.086 8 0.052 OA OA 0.052 9 0.056 0.0 0.0 0.056 10 M058 0.0 0.0 0.058 11 0.051 0.0 0.0 0.051 12 0.057 14 40.0 0.0 0.0 0.057 13 0.054 0.0 0.0 0.054 14 0.051 0.0 0.0 0.051 15 0.047 0.0 1 0.0 0.047 16 0.062 0.0 0.0 0.052 7 0.046 0.0 0.0 0.046 0.050 0.0 0.0 0.050 19 0.072 0.0 0.0 0.072 20 0.085 0.0 0.0 0.065 21 0.053 0.0 0.0 0.053 22 0.055 0.0 0.0 0.055 23 0.057 0.0 0.0 0.057 24 0.060 124 207.0 0.0 0.0 0.060 25 0.052 0.0 0.0 0.052 26 0.049 0.0 0.0 0.049 27 0.067 0.0 0.0 0.067 28 0.058 0.0 0.0 0.058 29 0.046 0.0 0.0 0.046 30 0.058 0.0 0.0 0.058 31 0.080 0.0 O060 Total 1.747 138 26.33% 247 0.0 0.0 1.745 Mo. &q. , 0.056 692 123.5 0.0 0.0 0.056 rLANT STAFFING Yay Shift Operator Class: YemV Shift Operaor Class: " Shift OparaW Class: sad Opemta Class: A CerWteets No_ 2129 Cerafigle No.: Certficab No.: C Cef icate No.: 8778 11 Name: Laity Slone Name: Name: Name: Robert Edge die Bock's Plumbing,inc. 2981 54th Ave. N.E. Naples, Florida 34120 239 455 -7662 239 304 -3665 CFC 1426335 'The Islands Resort �am Hospitality Tamiami Trail Fast Z L 34114 Meline Bridget DATE INVOICE # 8/7/2007 4345 All accounts am due and payable 30 days from invoice date. All past dire accounts are subject to a service charge of 1.5% per month, or a late payment fee based on costs incurred for collecting delinquent amounts. There is a fee of $30.00 for returned checks. P_O. NO. TERMS DUE DATE PROJECT Net 30 9/6!1007 ITEM DESCRIPTION OTY RATE AMOUNT L & M Labor & Material to investigate and clear sanitary 4,125.00 4,125.00 back up condition at sales building, restore flow, make repair. 7 -16-07 one matt 2.0 lours labor with cable equipment $125.00 7 -20-07 two men 4.5 boos with equipment, Pulled roots out of line got blockage to slowly drain down $600.00 7 -23-07 three men with equipment 8.0 hours, found blockage and damaged 8" Hue. $1600.00 7-26-07 three men with equipment 8.0 hours. Located damage made repair to 8° line. $1800.00 After repair we found more blockage in the tmming length of the 8" clay pipe. This sanitary Line will need to be replaced or completely excavated to make repairs. This line nos in excess of 100 feet o p . the lift station. Please remit to above address. Total $4,125.00 All accounts am due and payable 30 days from invoice date. All past dire accounts are subject to a service charge of 1.5% per month, or a late payment fee based on costs incurred for collecting delinquent amounts. There is a fee of $30.00 for returned checks. WORK AUTHORIZATION NO. ST 07 -105 TO ,60rralweow Agreement Between the Port of the Islands Community Improvement District and Severn Trent Environmental Services, Inc. ("STES") PROJECT NAME A. SUMMARY OF SERVICES TO BE RENDERED Severn Trent will provide equipment, materials and labor to replace two 5 H.P. Peerless pumps and motors at the water treatment plant. This is a 2007 capital budget project. B. PROJECT COST Project No. ST 07 -105 $ 9,887.00 C. PROJECT SCHEDULE Thirty (30) days from approval. D. NOTICE/PROJECT MANAGER OF CONSULTANT �. Port Of Corporation t0 Union Road Fort myers, FL 33905 Naples, FL 34:1.14 Dated this -16 day of in 2007. BETTER ROADS INC. September 5, 2007 Mr. H. Clifford Pepper, III, P.E. Hole Montes 950 Encore Way Naples, FL 34110 Re: Port of the Islands — Paving Renewal Dear Mr. Pepper: 1611 I have reviewed the recent correspondence, as well as past correspondence, between our companies pertaining to the referenced project. While I believe the facts stated by W. Powell of Better Roads to be accurate, our level of service to you and the owner was not up to our usual high standards. We offer this letter as an apology for our short comings and hope we have the opportunity in the future to show you the "best' that Better Roads can offer. Sincerely, BETTER ROADS INNC.. llw -n/J� Drew Clark, Vice President Cc: Mr. Joe L. Turner, President, BRI Mr. Earl J. Goetz, Jr., P.E., Hole Montes Mr. Ron Benson, P.E., Hole Montes Please Reply To: P.O. BOX 9979.1910 SEWARD AVE. • NAPLES, FLORIDA 34101 • (239) 597 -2181 • FAX (239) 597 -1597 ❑ 13391 SR 31 • PUNTA GORDA, FLORIDA 33982 • (239) 567 -2231 • FAX (239) 567 -2250 ❑ 23423 JANICE AVE. • CHARLOTTE HARBOR, FLORIDA 33980 • (941) 629 -5551 • FAX (941) 743 -2816 ❑ P.O. BOX 1908.2830 OLD STATE ROAD 8 • LAKE PLACID, FLORIDA 33862 • (863) 465 -5797 • FAX (239) 597 -6609 I have reviewed the recent correspondence, as well as past correspondence, between our companies pertaining to the referenced project. While I believe the facts stated by W. Powell of Better Roads to be accurate, our level of service to you and the owner was not up to our usual high standards. We offer this letter as an apology for our short comings and hope we have the opportunity in the future to show you the "best' that Better Roads can offer. Sincerely, BETTER ROADS INNC.. llw -n/J� Drew Clark, Vice President Cc: Mr. Joe L. Turner, President, BRI Mr. Earl J. Goetz, Jr., P.E., Hole Montes Mr. Ron Benson, P.E., Hole Montes Please Reply To: P.O. BOX 9979.1910 SEWARD AVE. • NAPLES, FLORIDA 34101 • (239) 597 -2181 • FAX (239) 597 -1597 ❑ 13391 SR 31 • PUNTA GORDA, FLORIDA 33982 • (239) 567 -2231 • FAX (239) 567 -2250 ❑ 23423 JANICE AVE. • CHARLOTTE HARBOR, FLORIDA 33980 • (941) 629 -5551 • FAX (941) 743 -2816 ❑ P.O. BOX 1908.2830 OLD STATE ROAD 8 • LAKE PLACID, FLORIDA 33862 • (863) 465 -5797 • FAX (239) 597 -6609 H l�/ 0 G q ,o o � C O o v: 0 b C El r- 0 0 N V >, .5 " w d ° OF ° � a�i C �z v CL ° ay W q o p y ti o t�w,w �,H �a+s rL 40. aw 0 c o a G�.� 3 U c •> U • "cd to °p � Q�d c qo •p � .� C C A C 02 pp o6 El 0 0 42 x G q 'd v o b. o .0 > .° .> o W cooaa.) a0q N 30 �'o aA .�. ° a v� 3 A U) o P. ° 0U) 0� y C.) ZV) nZrA Do 0,0 to d Y o to to o G a U G U o ai 0 0 P. U Y o •- U N r U YO t°. a y ti a tom U r y'� a o� cd papd Z O p �w° w y ° 3.� o cd W .Y � a o a ro ❑ y o p o q o° C ta. •.. ° o o U U v a C .. 0 o O o� cl U U � cc E o >, O s• ° 0 ° a 'd � FF q[ a Q v U 9 y U .Y 5 ~G y C W O O p 0 .Y W Q O `n a .`3 U ctl iC a. q Y c( C9 ° b cd tea�++ ai+ aC�Ci cn CCCL _0 ❑❑° Bw a' > y $ a� > a w CL ° c y v �, aoi o y a o a v a° 0 o 03hUU. a dUViWU°�� H 0 o. r- 0 0 N V 1611 !" 3 0 0 N 7 O� b� o o0 o U C. CD \O q N C N V] d Y ° \ O \ O O ( , ='•o I I H 0 v� o _ H I W N d 5 p p p O N 4 .� 0 I aQi cp y y •� > M .0 y a' o O O U U •� a a° OU b rl O 0 b o � o p ? \o -' amid 3x �A ucnu w o ° 00'c x a�cnk a U O ti �„ o ro B O U ro U 0.i O .to Cd p. O to w° Y 0 3 o 4-1 Vl to [ ° ate+ oy0 o Q ° ° 3 0. cl "o . ° a o 3 o 0 3 3 to °°' cl r x Y C w° w° Q, roanr� G q H o aU. y aoi Y 0 b b ° 0 v o o > o 0 o a o 0 a 0 > o o o 2 o Y U b P 4 a0i ani 0 to U 30owro3v ayi co;?o3ogo o u 3° a 0 ' o a' ti a °' 0 b °' o Y• a a¢ 0 ro ro „ .°� a. ro w .rte.. p a [-• a [- x -'-'' Q Q 3 U U U .� a • .0 w U a° O ro O N M vi �p !` pp 1611 !" 3 0 0 N 7 O� September 14, 2007 HOLE MONTES, INC. PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES RECLAIMED WATER TANK NO. 2 PORT OF THE ISLANDS WASTEWATER TREATMENT FACILITY Refer to Hole Montes proposal letter of September 14, 2007 Sr Sr Sub - Principal Chief Engr Inspector Designer Tech IV Total consultant TOTAL Task Activity Description $175 $160 $85 $85 $60 Hours Fee COST Design Activities 1 Prepare 90% construction documents 2 32 48 12 94 $10,270 2 Structural engineering and soils investigation 4 4 $6,000 $6,640 3 Electrical /instrumentation engineering 4 4 $2,500 $3,140 4 Coordination and review meetings with Severn Trent 4 2 6 $760 5 Prepare bid documents 2 16 24 8 50 $5,430 6 Reimbursable expenses $800 SUBTOTAL - LUMP SUM 4 60 0 72 22 158 $8,500 $27,040 Construction Services - 3 month field construction period 1 Engineer / Inspector site visits 16 160 20 196 $3,000 $20,360 2 Contract administration 36 36 72 $7,920 4 Completion inspections 4 4 $1,500 $1,740 5 Record drawings 12 12 $1,000 $2,020 6 Copies, blueprinting, courier, etc. $1,500 SUBTOTAL - TIME &EXPENSES 0 52 160 12 60 284 $5,500 $33,540 TOTAL TASKS 1 & 2 $60,580 NOTES: 1 Full -time field observation and overtime field inspection are not included. 2 Proposal excludes permit application fees, surveying and construction layout. :i 1611 Port of the Islands Community Improvement District Unaudited Financial Statements as of July 31, 2007 1611 P g fs ^^q a ��R11 s< U � < N �W z 0 y „ gQ�n �a ^ IRS, wwwo = N 6 Z DOW S. 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W a22 Uw LL 2 a o rc� �m FO c7� w 2 x w ar W � 2 jm O � Z x w i 6 H N W W > IWII W N U' N 2 ! i� Z j q 4O W u� € wm- U O O N N t'1 p� uul J I SOd U j d U U g N 3Fx p U f2 Z 2$ N j J N U F w J '-` U W¢ aZO Z W O Z W m N J u q)q ¢ 3 Ew ppF NS FS < j 6 Zy o o y� i w 3 w 3 F 3 I Y a ��"jf"°�dwwww�iw,3'3g -7 yy'd°o'o i i z`�'B¢�"aa ° Fww a o °m € a4 W U 6 2 2 6 W J x 6 = N li Z< < 6 9 Qp WJU�{ 2$ d J W VI O F �d{ d IL 6 d d 6 d< 6 6 5 3 0 6 O O LL d U U u7 Q 6' U h f OF W < 0 F 9� 't at .t I Port of the Islands Community Improvement District Combined Balance Sheet July 31, 2007 Assets Current Assets: Cash Operating Account Investments State Board State Board - Reserve Revenue Account Redemption Account Accounts Receivable Due from Other Funds Total Current Assets Noncurrent Assets: Property Plant & Equipment (Net) Total Noncurrent Assets Total Assets Liabilities Accounts Payable Due to Other Funds Customer Deposits Other Current Liabilities Total Liabilities Fund Equity, Other Credits Other Credits Contributed Capital Retained Earnings Fund Balances Unreserved Reserved for Debt Service Total Liabilities, Equity & Other Credits Fund Twes Totals General Debt Service Enterpris e 2007 $144,256 $0 $175,619 $319,875 $809,766 $0 $1,731,160 $2,540,927 $79,491 $0 $0 $79,491 $0 $418,184 $0 $418,184 $0 $5,741 $0 $5,741 $0 $0 $22,578 $22,578 $64,129 $0 $0 $64,129 $1,097,642 $423,925 $1,929,357 $3,450,925 $0 $0 $95,480 $95,480 $0 $0 $3,770,055 $3,770,055 $0 $0 $3,865,535 $3,865,535 $1,097,642 $423,925 $5,794,891 $7,316,459 $0 $0 $771 $771 $0 $0 $64,129 $64,129 $0 $0 $32,050 $32,050 $0 $0 $2,904 $2,904 $0 $0 $99,854 $99,854 $0 $0 $5,121,134 $5,121,134 $0 $0 $573,904 $573,904 $1,097,642 $0 $0 $1,097,642 $0 $423,925 $0 $423,925 $1,097,642 $423,925 $5,794,891 $7,316,459 °�L ey 16, 3 Port of the Islands Community Improvement District Summary Of Check Register July 2007 Fund Date 7/1/07 - 7/31/07 51589 - 51617 $ 218,383.18 0 E u N A V 0 W N m ZQ ) a a � N E m a O O N U O C J_ C7 o Q O z C 7 LL C O J E Q V C O O E C Q d � O N E E c � - Z Y C O o 0 o N L Q O O G C M Ua r o U C: a M � � a W N J m O Z W Z o y F-- W ro a z M N J 2 O F J y Q Q U 2 Q 4 A¢ m W 0. 0 O. m C U W J U) U ¢ c o a v m d d m d Mo of Aa a-O -o w og d (D- 6Ymmo r4 co z u cOmmmm = C L= M M M LO LO jr yr � UzinNN�Q �n OOQQO 0 O Q 41 K N d r r r r r U m m aQ O o 0 0 0 0 ° 0 ° 0 0 ° o 0 ° O ° ° O N N Z 0 0 0 0 0 0 0 0' N N N N N N N N 0 0 0 0 0 0 o O M M (D O W (D [O (D M M M M M M N N N N N N N N 3 W N N N Z M M 0 0 o f o 0 0 0 0 Or M M M M M l(1 N N Z N N N J J_ 67 Ir W v o v¢ o o v v v <D (O ^ V N �_ n N m cn �w fw v-- nN m"' w a m° N N V O W N U N U a N o a y o N N M co LL M LL M LL M F F a N fr O O 'pN N mN <D >3 m3 �J cc �^,�N G C C C C G C C O O O O O O O O m 0 0 0 n 0 0 0 0 0 0 ro m m m ro i� m 0 0 co 0 0 0 0 0 a a v N t'1 U U W W } z M O cc Q U m 2 W W J a a d m 0 0 y a a 0) O O N r r 0 0 3 161 N O J w d A D O O O O O N -30000 E n d cnm p cmi m m cmi cmi U N N N N N O C co N N °ov N °om °m ° n n Q u�i u�i w v N n J Z W Q J Z Z O _ Z X IL o o ^ m GD O Q J Q J T T 0 N 0 O 0 O 0 O 0 O o O a a d jm '- a a m m m v uoi O N C O 1� N O N cD Ir m O N N d C O m d N m N O O m m m V O 0 0 0 r # # ^¢ O� U N U a N Q Q O C n G O O «0 m :0 d 'O W d O ° EO C O O C 0 0 m io 0 n 0 n 0 0 0 0 a o on V 7 r n n O L O �O Vl M m aa0 w M U QE m n 0 W N f ro Q W Y OJ o S U 2 N -� c W Q Q U o Q G J W m Z 0 = W = Z Q o >. 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A quorum was not present at this time. OLD BUSINESS: Billing Update Chief Page asked Artie Bay to give an update on what's happening with the outsourcing of Billing to ADPI. Artie stated that we went live with ADPI as of last Friday. They downloaded a month and a half worth of billings that were tested, and everything seems to be going smoothly. The bills should start to come out of ADPI within the next week or so. Artie stated that there wasn't anything unexpected that came up so far. She also stated that they have a weekly conference call with ADPI to discuss any issues that may have come up. Commander Rule asked about the process of the bills and the payments that are received. Artie explained that the payments are set up to go to a lock box at Fifth Third Bank. He also asked if ADPI would be giving us a status report on how many people were billed and so forth. Artie stated that they will give us updates, but since they haven't started bills yet they don't have the stats yet. Mr. Domenic asked who was responsible for the lock box, and how do we find out when there are payments in it. Artie explained that there is a mutual agreement with the Clerk of Courts so the payments are received and put in the correct place. Chief Page stated that we have uploade�.d�,,,,bbi�illings up through June 20`h. This is much more efficient than we were before, whmMlw'Rre Date Poem �. Copies to 16118 1 month behind. He also stated that the older accounts that we have been working on for some time are going to be handed over to them as well. Budget Update Chief Page spoke regarding the Budget workshop that is being held by the Board tomorrow, June 28`h. He stated that no one is really sure where we are going to end up as far as staff goes. He stated that the County Manager asked that each department come up with some preliminary cuts using around a 9% figure, just in case that is the direction of the Board. Tomorrow the board will be presented with the final budget, and we just have to wait and see what cuts are going to be required. He feels that there are a number of options for the Board and hopefully this year the EMS Department won't be in too bad of shape, although we are prepared either way. He stated that layoffs are not expected at this point. Mr. Valenti asked about a hiring freeze. Chief Page said that is one option that the Board has. In fact another county in Florida did that just this week, and he foresees a lot of counties having to put on a hiring freeze. Another area that could be cut might be the 26 positions we have as part-time. Chief Page stated that already we have cut down the amount of money in that cost center. The last thing we want to see would be a layoff of full time personnel. He stated that with a hiring freeze, the county looks at the attrition of staff, and they can predict pretty well who will be retiring and so forth so they can predict their savings right off the bat. Chief Page stated that one of the things that Artie had identified this coming year that could be cut out of the ad volorum dollars was capital replacement items such as stretchers, life pack monitors, and we also have three units that are up for vehicle replacement next year. We also have some equipment that is nice to have and convenient, but doesn't impede our life saving capabilities. NEW BUSINESS: Consultant Chief Page stated that we were able to have one of our consultants come in and speak today. Artie stated that this study of being done for our Level of Service /Master Plan. She then introduced Kent Greene from Emergency Services Consulting, inc, who is an Associate Consultant and an EMS Specialist. Mr. Greene said that he and the rest of the staff that is in town will be visiting all stations and locations that ambulances are kept. They will also be looking at financials, human resources, deployment strategies, and demographics. He opened up for questions from the Council. Ms. Lascheid asked a question regarding the turnaround time for the data that they are collecting. Mr. Greene stated that EMS is requesting to have the study completed by the end of September. He stated that EMS has already collected a lot of data requested by the consultant. They usually shoot for 90 to 120 days from start to finish, but they are hoping to complete by the requested date. Commander Rule asked if they would be looking at the co- located stations and take them into account when it comes to the best place to put new stations. Mr. Greene stated that they would in fact be doing that, and they have one specialist that does nothing but work with GIS data. What he will do is look at call volume and service demand first, which are related, but different. With call volume, you may have one location that has 25 calls in a certain period of time. We have to build models around densities of call volumes. Based on those densities of call volumes and service demands, 16,1 they can locate the best place to position stations. Some of those will be co- located with fire departments, some of those will already be in place, and some of those will be newly recommended. There's also a possibility there is enough overlap between stations that they may recommend that we move a station or even close a station. Mr. Greene stated that they don't like doing that, because of the ramifications of that. However the benefit of having an outside firm look at this is an unbiased opinion from someone without a preconceived notion of how things should be. When they report, it's based on the data and how the science says it should be. A council member asked a question regarding how far out they project. Mr. Greene explained that they use as much retrospective data as they can and they use census block data for the next census period that the information is available. He stated that they can project out 10 — 20 years depending on the scope of the study. Chief Murphy asked if part of the study involves meeting with the fire districts chiefs to discuss the ALS Engines. Mr. Greene stated that their next trip to Naples would be strictly meeting with fire districts administrative staff to discuss their issues, and how they perceive the integration with EMS. He stated that they reference the standards in NFPA 1710 that deal with BLS response and ALS response, transport versus non - transport and we combine all that information together and formulate service delivery alternatives that incorporate all the available resources. Chief Murphy asked about data for three person units. Mr. Greene said that they don't usually do much with three person teams, but it is something they can look at. With the addition of Gail Dolan, a quorum is now present. Motion to adopt agenda; passed unanimously. Motion to adopt previous meetings minutes; passed unanimously. Chief Page asked if there was anything that the Board would request we bring to them. He stated that next month we will be bringing in the new protocol books for the Board to view, and also to go over some of the changes between the protocols. Chief Murphy asked for some data or presentations on what each facility or hospital is currently doing. He stated that there was some confusion regarding where cardiac patients were going. He requested some data on the type of transports and which hospital they are going to. He also asked for the effect that the Save Our Homes will have on county budget. Chief Page said that the information is already there, regarding how many people are homesteaded. The challenge is trying to determine how many of those people are going to choose the super homestead exemption. We may be able to work out a "worst- case" scenario, and see where we are. Another member asked for some historical data on the types of calls for service over the last couple of years and how those calls are increasing and if there are any trends that may be there. Chief Page stated that is something that we can work on. This is something that we typically put together for the annual report, but we can look at it YTD, and compare it to previous years. 161 STAFF REPORTS: There are no further staff reports. SPEAKERS FOR PUBLIC COMMENT: There were no registered speakers. BOARD MEMBER DISCUSSION: No further Board discussions. The next meeting will be held on Wednesday July 25, 2007. Meeting was adjourned. Respectfully Submitted, Jennifer Florin 40 EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) August 22, 2007 COLLIER COUNTY COMMISSION BOARD ROOM District I Commission District — Vacant District 2 Commission District — Jeffrey Albritten, Chairman, Present District 3 Commission District— John Valenti, Present District 4 Commission District — Nancy Lascheid, Vice Chairman, Present District 5 Commission District — Vacant At Large — Johan Domenic, Absent At Large — Dr. Douglas Lee, Present Naples Community Hospital — Gail Dolan, Absent City of Naples Police and Emergency Services — Jim McEvoy, Chief, Absent Collier County Health Department — Judith Noland, Absent City of Marco Island Fire/Rescue — Michael Murphy, Chief, Present Collier County Fire Chief's Associations — Rob Pottieger, Assistant Chief, Absent Physician's Regional Medical Center — Dr. Jeffrey Panozzo, Absent Collier County Sheriff's Office — Commander Bill Rule, Absent The regular meeting was called to order by Chairman Albritten, followed by the "Pledge of Allegiance ". A quorum was not present at this time. OLD BUSINESS: New Protocols Chief Wayne Watson was present to show the new protocols. He passed out samples of the old protocol books and the new protocol books so the Board would have a comparison. He also brought a CD -ROM version of the protocol so he could show the Board some of the highlights. He stated that all the units have laptops with this CD version of the protocol for the employees to use as reference. He stated that there are multiple ways of accessing the information. The staff that put this CD together created links at the bottom of the page that allow the personnel to look up protocol using different criteria. They can also pull up medications and the dosages. This system also allows for better updating of the protocols. For instance if there needs to be an update to one specific protocol, staff can easily make the change on the computer, make the change on the CD's and print out the one single page to replace in the books. Where as the old spiral books you had to put notes all throughout it. Chief Watson stated that all the hospital ER's have a copy. Chief Murphy asked a question regarding the capability of EMS 2000. He asked if there was a way to prompt the person entering the information if they did not follow protocol. EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) August 22, 2007 COLLIER COUNTY COMMISSION BOARD ROOM District I Commission District — Vacant District 2 Commission District — Jeffrey Albritten, Chairman, Present District 3 Commission District— John Valenti, Present District 4 Commission District — Nancy Lascheid, Vice Chairman, Present District 5 Commission District — Vacant At Large — Johan Domenic, Absent At Large — Dr. Douglas Lee, Present Naples Community Hospital — Gail Dolan, Absent City of Naples Police and Emergency Services — Jim McEvoy, Chief, Absent Collier County Health Department — Judith Noland, Absent City of Marco Island Fire/Rescue — Michael Murphy, Chief, Present Collier County Fire Chief's Associations — Rob Pottieger, Assistant Chief, Absent Physician's Regional Medical Center — Dr. Jeffrey Panozzo, Absent Collier County Sheriff's Office — Commander Bill Rule, Absent The regular meeting was called to order by Chairman Albritten, followed by the "Pledge of Allegiance ". A quorum was not present at this time. OLD BUSINESS: New Protocols Chief Wayne Watson was present to show the new protocols. He passed out samples of the old protocol books and the new protocol books so the Board would have a comparison. He also brought a CD -ROM version of the protocol so he could show the Board some of the highlights. He stated that all the units have laptops with this CD version of the protocol for the employees to use as reference. He stated that there are multiple ways of accessing the information. The staff that put this CD together created links at the bottom of the page that allow the personnel to look up protocol using different criteria. They can also pull up medications and the dosages. This system also allows for better updating of the protocols. For instance if there needs to be an update to one specific protocol, staff can easily make the change on the computer, make the change on the CD's and print out the one single page to replace in the books. Where as the old spiral books you had to put notes all throughout it. Chief Watson stated that all the hospital ER's have a copy. Chief Murphy asked a question regarding the capability of EMS 2000. He asked if there was a way to prompt the person entering the information if they did not follow protocol. ( /4 Chief Watson responded by saying that yes it does have the capability to do that, however they have chosen not to for purposes of training and QA. Basically if someone does not follow protocol and the system reminds them, yes they will correct their mistake, but it wouldn't allow any information to come back to the training department to find out why they made the mistake in the first place. Also there are possibly some extenuating circumstances that may make someone improvise and therefore not follow protocol exactly. Currently there is a process where if someone does not follow protocol it alerts the training staff to find out why protocol wasn't followed. Chief Watson also explained the "flow chart" style for the procedures. He explained that the terminology has changed slightly, we now have, Rescue Medics, Engine Medics, and EMTs. Basically the flow chart is there to eliminate confusion. Each person has a different color box, and it allows for a "Flow" of care as different people come on scene with different capabilities and different equipment. The purple boxes are the reminder boxes and informational boxes. He stated that since the roll -out date of August I't, there has been nothing but good news from our staff, and hospital staff. Chief Watson stated that we will be bringing updates in approximately 6 months as to how many things have had to be changed and any feedback we may have gotten. Rate Resolution Chief Page stated that the Rate Resolution had gone before the BCC and was approved at the July 24`h meeting. He stated that the rates themselves did not change. Per the advice of the County Attorney's office there was a change in the amount we charge for copies of reports, previously it was $1.00 per page and now it is $0.15 per page. However the largest change in the Rate Resolution allows us to bill the hospitals directly for inter - facility transports. We would bill the requesting hospital for these types of transports. NEW BUSINESS: Review of New Member Applications Since we do not have a quorum today, the Board cannot take any official action. However the Board was able to discuss the different applicants. Chairman Albritten read Chief McEvoy's statement into record (see last page). The members present were able to come to a general consensus that they would like to keep Mrs. Nancy Lascheid as the District Four seat. They also reviewed Victoria DiNardo's application for the District One seat, and agreed to go forward with her. They also discussed the letter from the Department of Health requesting a change in their representative from Judy Nuland to Kathleen Marr. Chief Page stated that because there is not a quorum these items will have to go before the BCC without any recommendations from EMSAC. (It was found out later that the letter from the Department of Health's representative can in fact go before the BCC because it doesn't require a recommendation, and the other two can wait until we get a recommendation from EMSAC.) 31' AUIR Presentation Chief Page asked Artie Bay to present the AUIR to the Board. Artie stated that the basic change between this report and the last came when the Planning Department reviewed the AUIR. Originally it was the direction of the budget office to not include the un -built stations that were approved in the 2005 AUIR. However when the Planning Department reviewed it, they requested adding them back in. Artie explained that the cost per station is broken down in the pages behind the summary form. It breaks down cost for an owned station and a co- located station. It also breaks down the equipment replacement costs. The available inventory line is calculated with 7 owned stations, 4 co- located stations, and 11.5 equipment only units. Artie stated that this cost is replacement cost; it isn't the cost of building at the time. However, we have budgeted $12 million towards the building of the four stations. Artie stated that we had to budget them that way because we don't know if there will be a fire department that will want to co- locate with us at a station so therefore we had to budget the total amount. Artie explained that we also included the required inventory based on the peak season population. However we are not asking for anything at this time because we are waiting for the results of our study. Artie also stated that we will hopefully have some preliminary information from the study in mid September and the results should be in by the end of October. Chief Murphy stated his concern that the AUIR report does not include the ALS Engines. Artie stated that part of our study is going to be how we can include the ALS Engines in our reports. Chief Page also stated that at this time we cannot include the engines because the County does not own them. He also stated that the consultants are working on changing the level of service standard so we can include the engines. STAFF REPORTS: Honduras Fire Article Chief Page explained that some time ago we donated bunker gear to the Honduras Fire Department. A friend of Chief Page's happened to be in Honduras and saw a picture of the fire department fighting a fire using our bunker gear with "Collier County" still on the back. We had the article translated and brought it to the Board for something interesting to share. Chief Page also wanted to bring up the budget and staffing cuts. He stated that the last word from the budget office was they needed to cut approximately $500,000 from the personnel line item. As a result we have had to lay off four people that were coming to the end of their probationary period. He also stated that he is working with the Union to try and pull back some staff's pay incentives for Medflight and the Special Response Team. Also one of our Paramedic Firefighter Company Officers, had to be brought back to just a Paramedic Company Officer. Chief Page stated that last week he met with all the personnel and explained to them that as of October 1s`, the longer they ignore the budget cuts; the larger the figure could get and in turn that means more lay offs. During this last week and through next month they will keep track of where they are, and where they need to be by October 1". Chief Page stated that we don't want to put down any units. He stated that last year the Board allowed him 9 additional staff to fill vacancies, at this 1611 a X point he doesn't anticipate having to let go more than that number of staff. He stated that the three growth units that were supposed to come on this year will not be added. He also stated that we were supposed to add a unit out at Ave Maria. In fact, Ave Maria is willing to build the station there, but he doesn't think we will be able to staff it. He stated that in the budget process he will have an opportunity to address the Board, and they might allow him the funds to staff the Ave Maria station because of the need for it. The Union understands the seriousness of this, and they are holding meetings of their own to help address it. Chief Page also stated that if our budget cuts get so severe that we have to down units, the Board has asked that they be alerted of that, and they may consider other options. He doesn't anticipate any decrease in the level of service. Chief Page stated that he will keep the Council updated with this matter. Chief Murphy wanted to squash the rumor that he has been hearing that we are laying off 35 people due to lack of revenue. Chief Page stated that in his meetings with all the staff there was some talk about revenue, and the importance of getting a signature from the patient to bill Medicare and Medicaid. In fact we had one employee travel to another county for a billing conference, and in that county they have a disciplinary procedure in place for not getting signatures. The punishment ran from being written up all the way to termination. So obtaining patient signatures is very important theses days and not taken lightly by some. For clarification Chief Page stated that there will not be 35 lay offs. He stated that there may be a few more, but he's not anticipating 35. Chief Page stated that at the next meeting he may have some updates on the consultants, and the AUIR. Also there may be some updates on the new billing. SPEAKERS FOR PUBLIC COMMENT: Ms. Kathleen Marr got up and introduced herself to the Board, as she will be replacing Judy Nuland as the Department of Health representative. BOARD MEMBER DISCUSSION: No further Board discussion. The next meeting will be held on September 26, 2007. Respectfully Submitted, Jennifer Florin ..... L��2r %✓v��/1 RE:Q Fiala <�r�-��,.: x Halas ---- AGENDA ILL,\)20�r�Henning Revised Coyle 601f,(, �:r ��,.e�s Coletta COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, OCTOBER 18, 2007, AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION (CUES), CONFERENCE ROOM 609/610, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON A ) ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF J ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED h{ IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM �•! OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES — SEPTEMBER 6, 2007, REGULAR MEETING; SEPTEMBER 6, 2007, LDC MEETING 6. BCC REPORT- RECAPS — SEPTEMBER 20, 2007, REGULAR MEETING 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. Petition: CPSP- 2007 -7, Petition creating a new Public School Facilities Element with support document, and amending the Capital Improvement Element and Intergovernmental Coordination Element of the Growth Management Plan to establish a public school concurrency program. This is a companion item to the School Concurrency Inter -local Agreement between the Collier County District School Board and Collier County Board of County Commissioners and the cities of Marco Island, Everglades and Naples. (Coordinator: Michele Mosca, AICP, Principal Planner) CONT FROM 09/20/07 B. Petition: PUDZ -A- 2006 -AR -9374, Gulf Coast Development Group, LC, represented by Dwight Nadeau, of RWA, Inc., requesting a PUD to PUD Rezone Amendment for project known as the Naples Reserve Golf Club RPUD. The petitioner proposes to add 602 residential units to th exis PUD, and eliminate the commercial acreage and 18 holes of the 36 hole golf course. The subject p 'sting of 688 acres, is located one mile north of US 41 and 1 1/2 miles east of CR 951 at 10027. Greg ection 1, Lmmmw Township 51 South, Range 26 East, Collier County, Florida. (Coordina . 1NUED FROM 10/4/07 Item >r 1 caplet W 161 1 B 2 C. Petition: CU- 2007 -AR- 11970, American Dream Builders, represented by James McCord, is requesting the continuation of Conditional Use for an existing model home /sales center, which has been in existence since 1997, but will expire November 28, 2007. The property is located on the southwest corner of 13th Avenue, SW and Collier Boulevard (CR 951) in Golden Gate Estates, on Tract 119, in Unit 26, of Section 15, Township 49 South, Range 26 East, Collier County, Florida. (Coordinator: Willie Brown) D. Petition: PUDZ - 2006 -AR- 10648, Naples Motorcoach Resort Inc., represented by Robert L. Duane, AICP, of HoleMontes, Inc., and Richard D. Yovanovich, esquire, of Goodlette, Coleman, & Johnson, P.A., is requesting a rezone from the Mobile Home, Travel Trailer Recreational Vehicle Campground, and Heavy Commercial Zoning Districts (MH, TTRVC & C -5) to the Commercial Planned Unit Development District (CPUD) for a project to be known as the Naples Motorcoach Resort CPUD. This project proposes to allow development of up to 200 motorcoach lots as well as various amenities such as a boat ramp and boat slips. The subject property, consisting of 23.2 acres, is located on the southwest side of Tamiami Trail, East, approximately three quarters of a mile east of Collier Boulevard (CR 951), in Section 3, Township 51 South, Range 26 East, Collier County, Florida. (Coordinator: Kay Deselem) 9. OLD BUSINESS 10. NEW BUSINESS Comprehensive Planning Dept. request that CCPC select Transmittal Hearing dates for 2006 cycle of GMP amendments. Available dates for Boardroom are March 17 (Mon.), 18 (Tue.), 28 (Fri.), and April 1 (Tue.), 2008. There are eight private sector petitions in this cycle and likely one County - initiated. Staff suggests three dates be selected. (David Weeks) 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN LDC AMENDMENT CYCLE 2007 -1 PUBLIC HEARING To review and take public comments on the proposed Amendment to Chapter 10, Application, Review, and Decision - Making Procedures (Coordinator: Jeff Klatzkow, Assistant County Attorney) 2. ADJOURN 10/18/07 CCPC Agenda /RB /mk/sp ii9° 16 I rl TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida September 6, 2007 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain ALSO PRESENT: September 6, 2007 Lindy Adelstein Donna Reed Caron Tor Kolflat Paul Midney Robert Murray Brad Schiffer Russell Tuff Robert Vigliotti Ray Bellows, Zoning & Land Dev. Review Joseph Schmitt, Community Dev. & Env. Services Marjorie Student- Stirling, Assistant County Attorney Nick Casalinguida, Transportation Planning CHAIRMAN STRAIN: Good morning, everyone. Welcome to the September 6th meeting of the Collier County Planning Commission. If you'll all please rise for the pledge of allegiance. (Pledge of Allegiance was recited in unison.) Item #2 CHAIRMAN STRAIN: Thank you. If we could have roll call by our secretary. COMMISSIONER CARON: Mr. Kolflat? COMMISSIONER KOLFLAT: Here. COMMISSIONER CARON: Mr. Schiffer? COMMISSIONER SCHIFFER: Here. Page 1 September 6, 2007 COMMISSIONER CARON: Mr. Midney? COMMISSIONER MIDNEY: Here. 1 COMMISSIONER CARON: Ms. Caron is here. =` Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Adelstein? COMMISSIONER ADELSTEIN: Here. COMMISSIONER CARON: Mr. Murray? COMMISSIONER MURRAY: Yes. COMMISSIONER CARON: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Here. COMMISSIONER CARON: And Mr. Tuff I'm told will be here later. CHAIRMAN STRAIN: Thank you. Item #3 ADDENDA TO THE AGENDA Addenda to the agenda. Let me, just for the audience's sake, I'll run through the agenda today. We have our regular petitions in the morning and we have one continuing one that will have to be continued. It's Petition PUDZ- 2005 -AR -7883, the Habitat For Humanity of Collier County. And it's the project off Woodcrest Drive, south of Immokalee Road, just north of Acremaker Road. That project will be continued. And Ray, was that until September 20th, or just going to be continued? MR. BELLOWS: That would be September 20th. CHAIRMAN STRAIN: Okay. Why don't we dismiss with that one first. Is there a motion to approve the continuance of that? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Made by Commissioner Adelstein. Seconded by? COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: Commissioner Murray. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye, CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries, that petition is continued. After that we have a petition regarding the potable water sub - element. Following that, we're going to have a discussion on the school board -- school system concurrency overview, a presentation by staff. Page 2 1611 f& 2 , September 6, 2007 Then we'll be adjourning this meeting and reopening a continued meeting for the LDC amendments that will follow this morning's meeting. So that will be the agenda for today and how we'll proceed through it. Item #4 PLANNING COMMISSION ABSENCES Our next regular meeting of the planning commission is September 20th. As far as commission absences, does anybody know if they will not be here on the 20th? (No response.) CHAIRMAN STRAIN: Looks like we'll have a quorum then. Item #5 APPROVAL OF MINUTES — JULY 19, 2007, REGULAR MEETING; JULY 19, 2007 MORATORIUM MEETING AND JULY-25,2007, SPECIAL MEETING LDC Then we have the approval for the minutes. The first set we received is July 19th, 2007. Is there a motion to approve? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Is there a second? COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: Second by Commissioner Murray. All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VIGLIOTTL• Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Motion carries. July 19th, we have minutes of the moratorium meeting. Is there a motion to recommend approval? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Made by Commissioner Adelstein. Seconded by? COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: Commissioner Murray. Any comment? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. Page 3 September 6, 2007 CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. 1611 s� ' COMMISSIONER MIDNEY: Aye. COMMISSIONER VIGLIOTTI: Ave. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carves. Last meeting we have our minutes for is July 25th, 2007. Ms. Caron? COMMISSIONER CARON: I just had a couple of things. On Page 8, the word about halfway down on the page, the words are intense, not intenses. And it's twice, the S should be removed. And on Page 24, it should be -- at the very bottom of the page it should be Commissioner Strain, not Chairman Coletta -- or Chairman Strain, not Chairman Coletta. CHAIRMAN STRAIN: We must look alike, huh? He starts getting a beard, we've got problems. Okay, any other corrections? (No response.) CHAIRMAN STRAIN: Hearing none, is there a motion to recommend for approval? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Mr. Adelstein made the motion. COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: Mr. Murray seconded. Thank you, Mr. Murray. Any further discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Item #6 BCC REPORT — RECAPS Item #7 BCC reports. Ray, none available at this time? MR. BELLOWS: That's correct. CHAIRMAN STRAIN: Okay, that's a good report. 101MAI 1611 8 42 September 6, 2007 CHAIRMAN'S REPORT Chairman's report. I have a question I'd like to ask you all. In October we have our AUIR meeting. They start with a joint productivity committee meeting like we had last year. And in last year, as you know, we had a table set up in front of this dais in a circle, or square, actually. And in that case some of our backs were to the public, our backs many times were to the speakers, and it was pretty cramped and congested. It did not seem to be a good forum in which it invited interaction. Last year we didn't have a lot of public here. This year there's been pleas made to the public to please attend and participate in our meeting. I don't know if that's going to happen. But I also know that it takes a lot of time for staff to bring tables in and set this room up and that having your back to an audience or to speakers isn't easy and comfortable for many of us. So I was wondering if you all would mind, and I'll talk to the productivity committee as well and get their concurrence, if you all agree, that we move the meeting for the AUIR over to the conference room at developmental services. That will be set up easier, it will save money for staff, it will save time for staff because the staff will be right there in the same building, and so they haven't got to sit through the entire meeting. They could get there when their issues came up. I think in the long run it would be more productive. And I understand that the sound system over there has been improved. Mr. Murray? COMMISSIONER MURRAY: That's room 610? CHAIRMAN STRAIN: I don't know what the number is. It's -- COMMISSIONER MURRAY: Where we met before? CHAIRMAN STRAIN: Right. COMMISSIONER MURRAY: I know that they had a limitation -- now of course you're saying they've improved it, but they had a limitation on the number of mics they had. They only had eight for our nine to begin with. And I don't know whether that they have adequate -- it seemed pretty cramped when we were there alone. I don't see how you can achieve much better situation there. We still probably would have to go into a square or some kind of a rectangle. Some kind of -- CHAIRMAN STRAIN: I was thinking we could do like a U- shaped or a horseshoe so that at least we have an open area and the interaction with the public could be more informal. And they have told us, and I've asked Mr. -- Commissioner Adelstein in particular to go over and check it out, because he had the complaint prior to this about the sound. They have said that the sound system has been fixed, it's improved and working well. I just think it would be a savings for everybody and less inconvenience for staff. Because I would hate to see staff to sit through days of meetings when we only need them for a certain amount of time. To me it seemed like a good way to save money and move productively. COMMISSIONER MURRAY: I'm not against it. I'm just questioning that aspect of it. Other than that, I don't disagree with it, I just wanted you to --if we're going to do it because we're going to gain something, I hope in fact we do gain something. CHAIRMAN STRAIN: Mr. Schmitt, has that room been improved under your -- MR. SCHMITT: There's a complete new sound system. At least 15 microphones, digital recording system, speakers put in the ceiling. It can be set up certainly more room than you have here in the front. It can be set up in a U- shape. Probably for the presenters -- and the podium can be set up as well, or lectern. And the -- I can have either the pull -down screen or probably preferable the flat screen TV's set up for any presentation -- COMMISSIONER MURRAY: Sounds good. MR. SCHMITT: -- both to the public and to the panel. So that -- and it is probably from a Page 5 lfi;eptek�b& 6, 2007 standpoint of interchange more conducive to a workshop type of environment than sitting in the front here. I would agree with you there in that regard. The only drawback, of course, is here you're going to have live -- televised live. There it will be taped. But it's a -- they'll bring in the cameras for taping for an airing at a different time. CHAIRMAN STRAIN: Nobody calls in while we're in session anyway, so I don't think that is a detriment, so -- Mr. Kolflat? COMMISSIONER KOLFLAT: I make a motion we move the AUIR meetings over to the community development offices. CHAIRMAN STRAIN: Okay. Is there a second to that? COMMISSIONER VIGLIOTTL (Indicating.) CHAIRMAN STRAIN: Mr. Vigliotti seconded. Now, any further discussion? Mr. Adelstein, did you have any comments? You had your hand up earlier. COMMISSIONER ADELSTEIN: No. CHAIRMAN STRAIN: Okay, anything else? (No response.) CHAIRMAN STRAIN: Now, what I'd like to do, and I know we have a motion, but I'd really like to get the productivity's concurrence on this, productivity committee's concurrence. I can't imagine them not thinking this is a -- COMMISSIONER KOLFLAT: Amend my motion to subject to approval by the concurrency. CHAIRMAN STRAIN: By the productivity committee? COMMISSIONER KOLFLAT: Right. CHAIRMAN STRAIN: Okay, Mr. Vigliotti, you okay with that? COMMISSIONER VIGLIOTTI: (Nods head affirmatively.) CHAIRMAN STRAIN: Okay, with that, any discussion? (No response.) CHAIRMAN STRAIN: Hearing none, all in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Okay, thank you. I think that will be a savings and more efficient for everyone. Item #8A PETITION: SV- 2007 -AR -11349 Next we'll go into our advertised public hearings. The first one of which is Petition SV- 2007 -AR- 11349. It's the Bre LQ Florida Properties, LLC for a new off - premise directional sign, '._- 6 ►1� `Sept'knber 6, 2007 LaQuinta Inn and Suites sign at 185 Bedzel Circle. All those wishing to speak on behalf of this petition, please rise to be swom in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Are there any disclosures on the part of planning commission? (No response.) CHAIRMAN STRAIN: Hearing none, the applicant is ready for their presentation. MR. PRITT: Yes. Good morning, Mr. Chairman, members of the planning commission. My name is Robert Pritt. I'm with the law firm of Roetzel and Andress, and I'm here on behalf LaQuinta LQ Management, Inc, which is the owner of the LaQuinta Inns. In this particular case we're dealing with a LaQuinta hm that's located at 185 Bedzel. On Page 3 -- I presume you've all read the staff report, but on Page 3 of the staff report, three of nine, you can get an idea of the location. It's also on the screen here. The location is off of the comer of Collier Boulevard quite a ways. You have to go onto Davis Boulevard and then where it says sign location on Page 3 at the bottom there, the sign is in the middle of that driveway. There's a separated driveway there, and the hotel property is clear in the back of -- in the back and the right where it says hotel property on the aerial. It's quite a ways away from the entrance off of Davis Boulevard. Historically there was a sign, and I think that if you go to Exhibit B at the end of your report, you can see this is -- what happened is the sign face was blown out by Hurricane Wilma. The -- from the standpoint of the applicant, we thought it was pretty simple, let's go back in and get a new sign face put in. On the original sign the only thing that happened was that at the time it was a Budgetel Hotel, now it's a LaQuinta Hotel. Hotels and motels change hands every now and then. And so all we wanted to do was put the LaQuinta sign in with the LaQuinta logo in essentially the same location. However, I don't know if you can see that or not, but that was -- it turned out in the application process that the sign that was there was a sign that was for Budgetel. It was a 250 square feet sign allowed. It says 80 square feet sign initially with ability to increase to 250 square feet reserved and a maximum 25 -foot height also reserved, although the sign was 18 feet high. And it was a sign that was for Budgetel, but it was supposed to be for future tenants also. As it turns out, there are no future tenants, and the sign that was actually there was a full Budgetel sign, according to the information from the staff. The minute after Wilma left, that sign face was gone, and we thought it would be a nice idea just to substitute in the LaQuinta at the same size. Well, of course that's not so easily done. And so we started working with the county staff as to what it was we're actually dealing with, the new sign code that was in effect. And we wound up with -- after working quite some time with the staff in trying to do the best we could to be within as close as possible to the new sign code but without losing the ability to identify the property, we finally came in with a sign that is -- and I'll show it here. The sign's eight feet tall and 28 square feet. And it's considered -- and 1 think you have a photograph -- you have a couple photographs of the existing temporary sign. By the way, right after the hurricane we got -- we put up a temporary sign, and that's what's there now. It's a vinyl type of sign. And that's on Page 4 of 9. And that sign is essentially the same sign post and frame as the sign that was blown out by the hurricane. But it just has the sleeve that says LaQuinta on it. And both the county and the --and LaQuinta would like to get that temporary sign taken care of and a permanent sign that looks good and still allows people to be able to find the hotel -- the motel replaced. And if you look at the sign that has been proposed now, it's only eight feet high, it's 28 square feet, and it's not nearly as visible as the current temporary sign and certainly not as visible as the prior sign. Page 7 epte,&J` 6, J20 . However, we feel that it's the size that's necessary -- the size necessary to be able to continue to have people identify the location of the hotel. We do have, and I'm not sure if it's in your packet or not, but just -- the sign there on the left is in your packet. That's the original sign. The sign in the middle -- or that's the sign with the sleeve on it now. The sign in the middle is a rendering of what a sign would look like if it were the same size, only just using LaQuinta. And then the sign on the right is the sign that we actually are proposing here today. And we've read the staff report. We've -- again, we've had a lot of dealings with staff on this. We agree with the conclusions and the recommendations of the staff in the staff report. We can live with a sign of this nature. And we believe that we meet the criteria that are set forth in the -- in your code. I'd be happy to go through the criteria, if you'd like, but essentially the staffs reasoning and rationale are sound reasonings and rationales as far as we're concerned. We do think that the circumstances were very unique, that is the hurricane that blew out our sign, and we're trying to do the best we can with a smaller sign. Bonnie Kingsbury is the sign person. She came in off ofjury duty in Dallas, I guess. But she came in today. She's here to testify and is willing to testify and prepared to testify today as to the need for the sign at the current size. I'm not sure that that's necessary, but she would be here to answer any questions that you may have. And with that, I'll go ahead and close and answer any questions that you may have. CHAIRMAN STRAIN: Thank you, Mr. Pritt. Mr. Murray? COMMISSIONER MURRAY: Good morning, sir. I may be in error, but when I did a calculation of the rectangular area that is described by that sign, it turned out to like 32.99 square feet, 33 square feet. So I assume that the square footage is associated with the angularity of it? MR. PRITT: Yes, because of the logo. It comes inside because of the LaQuinta logo. And so that's my understanding. COMMISSIONER MURRAY: It would make it very difficult for anybody trying to calculate the true numbers there. Okay. Now, you've indicated that the sign will no longer be necessary for any other tenants as there will be no other tenants. And I -- I'd like to understand how we know that for a fact. MR. PRITT: Well, put it this way: There have been no other tenants using the sign that was there. It was only during the process of applying for a replacement sign. The sign that we had had, that it was discovered that there had actually been a sign that provided for other tenants. So we're applying for instead a directional sign that would simply be for the use it was actually put to. COMMISSIONER MURRAY: If another tenant were to seek to come into that area, what would happen then? MR. PRITT: I don't think that -- COMMISSIONER MURRAY: I'll reserve that question for -- and then there was also this statement on Page 6 of 9 having to do with Item D where it says, the applicant is also permitted an additional similar wall sign facing Collier County -- Collier Boulevard, rather. Is that -- the way it's written suggests that that doesn't exist and that it could exist. I know that's not the matter before us, but do we have -- I just wanted to have it clear in my mind, do we have a sign facing Collier Boulevard? CHAIRMAN STRAIN: You'll have to identify yourself, ma'am, and then move up to the speaker. MS. KINGSBURY: Bonnie Kingsbury, and I'm from the Dallas corporate office. The sign facing Collier Boulevard, I don't believe we have put anything up presently. And I've not permitted for it. I don't think that is going to replace the need for this directional entrance. 0=96 16 ;1 September 6, 2007 COMMISSIONER MURRAY: That's what I'm trying to ascertain, whether or not we're putting a lot of signage or adequate signage. MS. KINGSBURY: I've not asked for anything on that particular wall presently. I don't believe there's going to be a need for it. COMMISSIONER MURRAY: Okay, I thank you. MS. KINGSBURY: I think it would be a legal permit. Yes. COMMISSIONER MURRAY: Those are really my questions. I just was curious if we ever get any other tenants in there what we would do, but the staff will have to answer that question, thank you. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLAT: Was there any analysis done to be sure that the sign was large enough for traffic to safely decelerate as it approached the entry area? MS. KINGSBURY: No. No, we did not do an analysis. COMMISSIONER KOLFLAT: Because my concern is if the sign can be small from one standpoint, that's desirable. From the other standpoint from safety and automobile traffic, it could be a detriment. MS. KINGSBURY: I agree. CHAIRMAN STRAIN: Anybody else have any questions of the applicant at this time? (No response.) CHAIRMAN STRAIN: Okay, thank you. And we'll hear from staff at this point. MR. MOSS: Good morning, Commissioners. For the record, John -David Moss, Department of Zoning and Land Development Review. Staff has reviewed the variance according to the evaluative criteria pursuant to Section 9.04.03 of the LDC, and is recommending approval of the 16 -foot square variance, due to the fact that the proposed sign is in harmony with the purpose and intent of the LDC and the Growth Management Plan, special conditions that are peculiar to the hotel, circumstances not resulting from the actions of the applicant, and physically induced conditions on the site. I wanted to address Mr. Murray's question about the -- if other tenants come into the shopping center. And according to Diana Compagnone, who is our sign expert, you're required to have either eight or 10 shopping center tenants before you can qualify for a directory sign, and the shopping center's built out, so there's no way they could even achieve that number of tenants. So a directory sign wouldn't be possible at any point. CHAIRMAN STRAIN: Are there any questions of staff? Mr. Schiffer? COMMISSIONER SCHIFFER: It's in -- isn't the -- it's in a part of a PUD which we reviewed. It's not built out at all. What do you mean by that? MR. MOSS: Well, Diana told me that the shopping center could not accommodate enough tenants. I don't -- maybe it's not built out. That was my understanding from her. But perhaps its not. She did tell me, though -- I asked her that very question, that's how I know. And she did tell me that there's no way they could achieve the number of tenants that would be required in order to have a directory sign. COMMISSIONER SCHIFFER: But would there not be signage for the shopping center itself and everything else out there? MR. MOSS: There would. But I suppose it would have to be on -site and it couldn't be an off -site sign, which this one is. COMMISSIONER SCHIFFER: It would probably be part of their site. I mean, this property right now is part of the PUD; is that right? MR. MOSS: Um -hum. COMMISSIONER SCHIFFER: So essentially, don't PUDs have a master sign plan with them? im �pmber 6, 2007 MR. MOSS: This one doesn't. COMMISSIONER SCHIFFER: Okay. So we have no idea what the future signage in that area is going to be. MR. MOSS: Well, just whatever is permitted by the LDC. There was no sign plan that accompanied this PUD. And I don't know if that's because they weren't done at the time this PUD was approved back in the Eighties. But Ray, maybe you can address that? MR. BELLOWS: For the record, Ray Bellows, Zoning Manager. The PUDs don't typically contain sign requirements. That's required at the time of site development plan where they are required for shopping centers to provide an architectural theme sign approval as part of that process, not part of the zoning process. COMMISSIONER SCHIFFER: But this property is part of the PUD, it's owned by the PUD. Obviously they're supporting this, the owners of the property? MR. MOSS: Yes, we have an affidavit in support of it. COMMISSIONER SCHIFFER: I guess my only concern would be stepping on their future. But if they say it's okay, then I'm okay. Thank you. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: David, if there was any changes to this sign, they would have to come in for either another variance or a new permit; is that correct? MR. MOSS: Yes. CHAIRMAN STRAIN: If there's any new structures built on this PUD that needed a sign, they would have to come in for a permit as well -- MR. MOSS: Yes. CHAIRMAN STRAIN: -- and be consistent with the code? MR. MOSS: Um -hum. CHAIRMAN STRAIN: So this particular sign's location and all the facts about the sign really will have an impact as an additional calculation to any new signage they come in with. MR. MOSS: Yes. CHAIRMAN STRAIN: Okay. I just wanted to make sure. MR. MOSS: Yeah, they're only permitted one other sign, which you all discussed a moment ago, on the side of the building facing Collier Boulevard. There's not one there now. I have a picture of the building, if you all are interested. There's not one there now, but they could come in and get one. It would be permitted. CHAIRMAN STRAIN: Thank you. Any other questions? (No response.) CHAIRMAN STRAIN: Are there any members of the public here to speak? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: With that, we'll close the public hearing and entertain a motion. Anybody have a motion? Mr. Adelstein? COMMISSIONER ADELSTEIN: I move that AR- 11349, LaQuinta, be forwarded to the County Commissioners with a recommendation of approval, subject to the following conditions. CHAIRMAN STRAIN: What conditions? COMMISSIONER ADELSTEIN: I'm sorry, subject to the staff recommendations. CHAIRMAN STRAIN: Okay. Is there a second to the motion? 'September 6, 2007 COMMISSIONER VIGLIOTTI: I'll second. CHAIRMAN STRAIN: Mr. Vigliotti seconded. Is there any discussion? Mr. Kolflat? COMMISSIONER KOLFLAT: Yeah, I'd like to recommend that staff consider on these off - premise signs that the consideration of safety be addressed in their review and the analysis either by the staff and/or the petitioner to ensure that even though it might meet the maximum sign limitation, it would be an improvement to have it larger from a safety standpoint. CHAIRMAN STRAIN: That's for discussion, but not in addition to the motion, right? COMMISSIONER KOLFLAT: No, that's right, that's a recommendation to the staff. CHAIRMAN STRAIN: Okay. And the only reason I would hesitate on that is I imagine our Land Development Code sign ordinance was vetted out in public, and all the requirements and safety features regarding that were equally done at the time, so that any concern that you may have in that regard, it would have to be done on a case -by -case basis. And so I think maybe what might be a better reaction to what you're suggesting, Mr. Kolflat, is that should any project come forward in the future like this, that any recommendation from staff in regards to safety be also factored into the review. And I would imagine you did this on this as part of your reason for recommendation. MR. MOSS: Yes. Evaluative criteria F addresses safety, and so it was reviewed for safety. CHAIRMAN STRAIN: Okay, is that -- COMMISSIONER KOLFLAT: Fine. CHAIRMAN STRAIN: Okay, thank you, Mr. Kolflat. Any other comments? (No response.) CHAIRMAN STRAIN: Okay, all those in favor of the motion, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8 -0. Thank you, Mr. Pritt. COMMISSIONER MURRAY: That's a record. CHAIRMAN STRAIN: Well, we've got a couple more that may not be a record, Mr. Murray. IIiMONTEf: C PETITION: PUDZ- 2005 -AR -7883 As we announced earlier, the PUDZ- 2005 -AR -7883 has been continued to the 20th of September. John -David -- Mr. Moss -- are you okay? If you need a good attorney -- MR. KLATZKOW: Retain myself. CHAIRMAN STRAIN: Mr. Moss, on the one that we're continuing, the Habitat, this may not be a Page 11 x 9 P 1 a Se tmber 6 2007 relevant issue, but for the record, on the 20th could you at least send me the entire TIS? I only got the first page of it. And it strictly says introduction of summary and kind of ends there. MR. MOSS: Okay. CHAIRMAN STRAIN: I don't know if the rest of you had more than one page in your package, but if you could send it all to us, that -- MR. MOSS: I will make sure it gets to you. Sorry about that. CHAIRMAN STRAIN: No problem, thank you. Item #8C PETITION: CPSP- 2007 -6 Okay, the next petition is CPSP - 2007 -6. It's a petition requesting an amendment to the potable water sub - element of the public facilities element for the 10 -year water supply facilities work plan. Margie, do we need to have disclosures this morning on this one? MS. STUDENT - STIRLING: No, this is a legislative matter, so disclosure and swearing in are not necessary. CHAIRMAN STRAIN: And this particular item is on a separate three -ring binder that came to the planning commission members, so you may be able to pull that out. And we shall go forward. And I see Phil is here, so -- MS. VALERA: Good morning. Carolina Valera, Principal Planner with the Department of Comprehensive Planning. I have a brief presentation, Commissioner. It is basically some highlights from the staff report that you received. And I will of course entertain questions at the end. And I wanted to let you know that fill Gramatges, our principal project manager from public utilities is here to respond to any questions that you may have in regards to the plan. CHAIRMAN STRAIN: Thank you. MS. VALERA: In essence, the amendment is to -- is for Policy 1.7 of the potable water sub - element of our Growth Management Plan. Collier County is required to incorporate a 10 -year water supply facilities work plan into our Growth Management Plan by January 12th of 2008, so that's the bottom line. The strategy: As you know, we are not following your typical Growth Management Plan amendment cycle. And the reason for it is because of the statutory deadline. The legislators also incorporated into the law unique exceptions for this requirement, and so this is why we're outside your regular cycle amendment. We attended -- the staff attended a workshop that was put together by the South Florida Water Management District and DCA back in -- just three months ago, in June. They were going to give us guidelines to the local governments on how to prepare this plan. We were told that the plan had to follow the lower west coast work plan that South Florida Water Management has, that we had to follow the latest population methodology, and that we had to adopt it by January 12th of 2008. And the DCA was preparing guidelines for local governments to follow. Now these guidelines are not ready, and we are told that maybe they will be ready the middle of this month. So we don't have those guidelines yet. So what to do. Since we are outside the Growth Management Plan cycle, regular cycle, and we have an approved population methodology that you approved last year, the AUIR that you approved last year, we consulted with DCA, we asked them how do you want us to proceed with this schedule and this Page 12 1611 September 6, 2007 deadline that we have to meet? And what they recommend us to do was to prepare a plan with the approved population methodology that we're having right now, last year's population, for the transmittal hearings, which is, you know, what we're going through right now. And then since as you know the population methodology -- this year's population methodology that is going through with the CIE hopefully will be resolved in October and November, and this year's AUIR will be approved in November. We will revise the plan that you have right now. The population in that plan will be revised in time for the adoption hearings that we will go through in December. And January, of course. So that's the strategy, that's what we intend to do. What is the plan about? The plan, it's just a guideline. It's a strategy that we've been using; actually we call it the water master plan. And it's a planning tool. And as a planning tool in any long -range planning tool, it's not a static. It changes as population changes, as our natural resources are changed. And so it will change. We change it every year through the AUIR, through the Growth Management Plan amendments that we do. So it will change as it is updated with --from all the utility districts and their population. Giving you a bit of history, since the water ag. was incorporated into our legislation, that section of the legislation has been changed throughout the years. It started with the birth of the water management -- the five water management districts that we have in the state. Eventually that section of the legislation was changed to require each water management district to create a regional plan to look into the future and make sure that we will have enough water for all of us in the state. We have -- Collier County has been following the lower west coast water supply plan for several years already, and about two years ago, though, the legislation yet again was changed to require that all local governments incorporate those plans -- those planning tools, those water supply plans into the Growth Management Plan. So that's what we're doing. In 2005 that's what they required us to do. And what they told us -- what the legislation says is that we have to adopt it 18 months after the regional plan, the latest regional plan was adopted. Now, the latest regional plan that we belong to, which is the lower west coast regional water plan, was adopted just last year. It was approved by the South Florida Water Management District last year, and so now we have the specific deadline, July 12th, 2008. So basically that's what we're doing. We are following the statutory requirement. We are amending our Growth Management Plan to incorporate this plan. And the methodology population that we're using is recommended by DCA. We follow last year's AUIR approved and in effect population, and then we'll revise any time for the adoption hearings. What you'll see -- actually, what you see different during the adoption hearing will be the population, of course you know that, and how that will affect the plan. It will affect the demand, it will affect the timing of the plan constructions, and of course that's cost. So that's our schedule. Of course we're right now in our transmittal portion of the process. Yesterday we had the EAC hearing. They recommended approval unanimously to transmit the plan. Their concerns were more of policy. They were concerned with -- of the private wells that are east of 951, the Golden Gate area, and we explained to them that the plan follows the lower west coast requirement, and that's what we're here to do. So any policy decision will have to come from you from the Board of County Commissioners and incorporate into the plan, if they decide to do so. So that's our schedule. We are in transmittal hearings. After the transmittal hearings, we will send the plan to DCA for their review. They take 60 days, 70 counting mailing time, processing and all that. And then we would be back during December for the adoption portion of this process. So bottom line, that's what we're doing. We are incorporating by reference the plan so we can Page 13 S ter 4 �;,< 007 � ^ ^` change it and -- as required. We are required, actually by legislation, to update this plan every five years. As you know, we do it more often. We have the AUIR, so we update it every year. We are required to do it by January 12th, and we're using the methodology that was recommended by DCA. So bottom line, that's what we're doing. I'll be glad to answer any question that you may have. And again, Phil Gramatges is here to answer any questions that you may have in regards to the plan. MR. COHEN: Chairman Strain, before you get there, let me clarify a few things to let you know the process that we went through with DCA to try to actually make this work better. First we asked them for an extension from the January 12th deadline. The reason being is we wanted to come forward with a version that did have population numbers that would incorporate the new methodology. Statutorily they indicated that the opportunity for an extension was not there in the statutes. The other thing that Carolina touched on was that DCA was in the process of developing some type of standardization with respect to what a plan should look like. Interestingly enough, the St. John's River Water Management District adopted their regional plan quite a long time ago, and the governmental entities within that particular district have submitted their plans which have actually been approved without a standardization of some type of methodology. So I think what DCA is trying to do is provide some type of framework. Our concern obviously is we get caught up in a situation where they come out with some framework and we have a plan where we have to modify it a little bit. And if that is the case, when they provide us with their ORC, which we know is going to contain one comment, which is obviously going to be change your population methodology to be consistent with the methodology that we've asked you for, but is not approved because it's part of the CIE. And as you're well aware, the CIE has been challenged. We anticipate that there will be a compliance agreement with respect to the CIE, and the change in that population methodology probably sometime in October. And at that time, obviously when the board acts on it, then we'll be able to actually go to the new population methodology before your adoption hearings. So we're kind of caught in the middle again where DCA has said right now your official population methodology is as adopted, incorporated into this item right here, and then we're going to tell you to change it, which is kind of awkward, but in order to meet the statutory deadlines, this is the route that we have to follow. CHAIRMAN STRAIN: Thank you. And if the panel doesn't mind, I'd like to approach this document like we have others and just go through sections of pages at a time. That seems to be efficient for everyone. Does that work? It does. We have a series of tabs. Obviously the biggest tab is after the 10 -year water supply tab. So let's go through the first few right off the get -go. There's a letter from Roy B. Anderson opening up our document. Then we have the resolution before the staff report. Are there any questions from those pages? It would be the first three or four paper pages in the document. Because I have one on objective one, Carolina, and it was on Exhibit A to the resolution. MS. VALERA: Yes. CHAIRMAN STRAIN: And it says, the county shall locate and develop potable water supply or sources to meet the future needs of the county -owned and operated systems. And yet going through the document I find that we've gone beyond that to systems that are not county owned and operated. And I'm wondering under what basis we did that to be in conformance with the GMP objective. MR. GRAMATGES: Good morning, Mr. Chairman, Commissioners. This is Phil Gramatges, Principal Project Manager, Public Utilities Engineering. Page 14 September 6, 2007 One of the requirements of the law is that we report for all utilities within the county that are not individually incorporated and that therefore have to supply this type of information directly to DCA. So we were for some reason compelled to find what the plans were for Immokalee, Ave Maria, the Florida governmental utilities authority and Orangetree. We gathered that information from those utilities and based on their feedback we have added this to the report as the law required. We can't obviously support that in the sense that we don't control any of those utilities. We only referred what they gave us, the information they gave us. CHAIRMAN STRAIN: I've got two concerns over your response. And one is that -- and repeatedly in some of those other utilities the response was nothing has been received. And based on your response, it seems like something was supposed to have been received. And if it wasn't, what recourse do we have? But that's where I'm concerned about the GMP language. And I've always understood that the GMP is the higher level document that we're supposed to be following. And if the GMP says we shall meet the needs -- respond in regards to County owned and operated systems, what gives us the latitude and the opportunity to demand information and supply information on systems that aren't consistent then with the objective in regards to its literal reading? MS. STUDENT - STIRLING: For the record, Marjorie Student - Stirling, Assistant County Attorney. I have always understood as to private providers that we needed to attempt to get the information from them. But if they did not provide it to us then historically I've understood that we have little recourse to make them provide it. CHAIRMAN STRAIN: Well, you haven't answered my question, really, Margie. I'm trying to understand -- let's take it a step at a time. If the GMP says we shall -- our objective is for county -owned and operated systems, how do we go beyond that and still be complaint with the GMP? MS. STUDENT - STIRLING: Well, we have an obligation to report on the private systems as well, and maybe there's a way where we can do a little wordsmithing and adjust the language accordingly. CHAIRMAN STRAIN: Okay, if we have a -- if there's something else that requires us to obtain information from these other entities, what is that source? What would require us to do so? MS. STUDENT - STIRLING: As I recall, there was something in 9J -5 that required us to get information from other entities, if we could, but it lacked an enforcement mechanism. And so if they didn't provide it, then there wasn't any way that we could get it, as I recall. CHAIRMAN STRAIN: You see a problem in getting that language to us before the adoption hearings? MS. STUDENT- STIRLING: None at all. CHAIRMAN STRAIN: Okay. And as far as the clarity in the GMP, is that something that ought to be considered in a GMP amendment in the future, if we're going to be trying to bring in other parties? And do we legally have -- MS. STUDENT - STIRLING: I think we can research it, look into it further and see what we can do and what we could add into the comprehensive plan. CHAIRMAN STRAIN: I'm uncomfortable with the reading of the GMP versus your statement, because I haven't seen a basis for it at the transmittal, but luckily we have the adoption which we might be able to explore it further. And the next recourse then, or next question to you would be is if as Mr. Gramatges seems to indicate that we need to have these other entities supply information and they refuse, you don't know if there's any recourse to that? MS. STUDENT - STIRLING: I will look into that once again. But at the time when we originally did the plan and done updates, it was our understanding that they should do it, but the county didn't have Page 15 - 6 eptembef, 207 any recourse. If they did, I'll be happy to look into that further. CHAIRMAN STRAIN: What would happen if we simply didn't include them in the report? Since the information we have, we don't know if it's accurate to begin with because we don't have it from them -- MS. STUDENT - STIRLING: I believe we need to include something in there about private providers. CHAIRMAN STRAIN: Okay. Any other questions on the first few pages? Mr. Murray? COMMISSIONER MURRAY: That thought also occurred to me, and I'm sure to others. Would it not be more appropriate to make that more or less of a -- and I'll use a bad term, perhaps -- footnote or a separate section? If you're going to report it as information, as opposed to the presumption that we are using the last known information and thereby has some public benefit, and then that planning is based upon it, even though -- I'll give you an illustration, I suspect I know the answer to this and I'll have it confirmed -- Orangetree eventually I hope will be taken over by our county activity, so that the quality of the product will be better than it has been historically. If we use the data that we have presented here and yet we find out it's extraordinarily different, aren't we at odds with ourselves? So shouldn't this kind of information be in its own section as opposed to being integrated within the report? That would be my question in general. MR. GRAMATGES: Commissioner, we have followed the guidelines of DCA in preparing this document. And what you see here is what they required. COMMISSIONER MURRAY: Interesting. CHAIRMAN STRAIN: Phil, just so you know, I have no doubt that your department has followed the correct rules to get to us today. I'm just questioning as to why you were asked to do something that doesn't seem to give you the power you need to pull the data together and demand it. Looks like you can ask it and if they don't want to give it to you, you just have to accept that. MR. GRAMATGES: I fully understand, Mr. Chairman. I would like to add as well that I personally visited at least one of these private utilities to request the information. The information was however not forthcoming from them. CHAIRMAN STRAIN: Mr. Cohen? MR. COHEN: Yeah, Commissioner Strain, members of the board, what we'll do as a staff, if you want to make a recommendation with regard to this item, to look into obtaining the additional information, what we'll do as a staff is we'll contact Bob Dennis with DCA who handles only water facilities supply planning, and find out before the transmittal hearing of the BCC what is necessary with respect to that data. CHAIRMAN STRAIN: Well, I think that would be a good thing to do, but I also think from a -- either a statutory or other legal viewpoint what requests we can make that are consistent with our GMP, and at the same time what emphasis we can demand as a reaction to that request. So that's what I guess Ms. Student's going to look into. MR. COHEN: Yes, sir. And what we'll do is we'll conference in with Mr. Dennis and I'll do so with Ms. Student as well. CHAIRMAN STRAIN: Thank you. Mr. Schmitt? MR. SCHMITT: Just so the planning commission understands, there are certain utilities that we oversee, the private utilities. There are some that are state, there are some that -- I have one person on my staff that oversees those. And those are basically from a standpoint of I guess regulatory oversight through the Collier County Water and Wastewater Authority, which is a separate board. Now, the Board of County Commissioners serves as the Collier County Water and Wastewater Authority for our Collier County system, but there is a separate authority that oversees about three or four -- I can't think of them. Orangetree Page 16 9�epteinber 6, 2007 is one, Ave Maria, and there's a few others that they have statutory authority over. So there is a mechanism to try and get that information, either from the Collier -- from the water and wastewater authority here in Collier County or through the state. CHAIRMAN STRAIN: Well, I think it's a two -step process and you touched on the second step which is what the mechanism is to demand it. But the first one I would suggest is what the mechanism is that we have the right to demand it. And our GMP seems to conflict with that thought in regards it only references county owned and operated systems. So maybe if we could get those clarifications, that would certainly be helpful. And Mr. Midney, you had a question? COMMISSIONER MIDNEY: Yeah, my question was why can't the DCA require the private water utilities to report, if they're interested in this information? MR. COHEN: Mr. Midney, we will actually ask that question as well, too. It's a matter of regulatory authority on whether or not they actually have authority with respect to regulation, and that's why we're going to pose that question. One other thing I wanted to modify and make the record straight for the court reporter's purpose. I always refer to the county attorney as Marjorie or Marjorie Student. It's Student- Stirling, and I wanted to clarify that for the record, and I apologize for that mistake. CHAIRMAN STRAIN: Okay, are there any other questions on the first few pages? Mr. Murray? COMMISSIONER MURRAY: I just had a thought on that. The state legislature is requiring that the county and other entities submit to the plan as promulgated by the South Florida Water Management District. Do they not have then the authority to require this information inasmuch as it's for the public good, or are these completely insulated organizations? I'm trying to understand why there's no way that this information couldn't have been made available. I'm sure that it should have inasmuch as you're required to provide it, or seemingly. Yes, ma'am? MS. STUDENT - STIRLING: Commissioner Murray, we will check into that. I was giving you the historical perspective, because this was an issue that DCA had long- standing, due to the number of private providers in the state. I think the idea was that the public facilities should get -- is encouraged to, you know, take over private providers as they could. So we'll flesh that all out -- COMMISSIONER MURRAY: All right, thank you. MS. STUDENT - STIRLING: -- and see what mechanisms there are. CHAIRMAN STRAIN: Okay, if we move on to the next tab, it's under the staff report. Are there any questions from the staff report from this committee? (No response.) CHAIRMAN STRAIN: Next item after that is the tab for the advertising. I'm sure there's nothing there. So let's move into the 10 -year water supply. And we'll try to take it group of pages at a time. Say five. That way my fingers -- I've got five fingers, I can count that far. So executive summary starts on Page ES -1. Are there any questions from the planning commission on ES -1 through ES -5? COMMISSIONER MIDNEY: I have a question. CHAIRMAN STRAIN: Go ahead, Mr. Midney. COMMISSIONER MIDNEY: I'm not sure this is the place to get into it, but it looks as good as any. Page 17 h< a r 3 September 6, 2007 Why is there a difference in the per capita range ranging from Orangetree at 100 to some of the other ones, which are 182 gallons per day? MR. GRAMATGES: Commissioner, we really do not know what basis they used to determine their consumption. We have to assume that it's based on historical fact. All I can tell you is that our consumption rates have been coming down for the last several years to what they have now, 185 gallons per person per day. I can't really speak for the standards for any other utility. COMMISSIONER MIDNEY: Because my question is, if we are pushing conservation, and don't we expect the conservation, as you suggested, has been lowering the amount of consumption, wouldn't it help our planning if we actually lowered some of these expected consumption rates so that we wouldn't have to plan to build more capacity than we really need? MR. GRAMATGES: We have put forth a very dedicated effort to reduce the consumption per capita, as is reflected by the fact that not long ago the consumption was 210 gallons per person per day. We need to provide this information to DCA in order to prove that we're concurrent with the South Florida Water Management District 10 -year plan. It is only speculative as to what our number will be five, 10 years from now. We don't feel that it is prudent for us to pick a particular number, since our efforts no doubt will reduce it, but we don't know to what extent. We know that since this is predominantly a concurrency document, if we can prove to DCA that at the level of 185 gallons per capita per day we can meet the requirements of the South Florida Water Management District 10 -year plan, we should indeed be able to do it if the number becomes lower than 185. And for that reason, we have consistently used 185, because it is the best, more prudent way for us to approach this document. COMMISSIONER MIDNEY: It seems as though if we're trying to encourage conservation, though, that if we're basically giving such a high promised level of capacity we're not really providing an incentive or a strong incentive for conservation. Because if we said that we were going to reduce it, maybe that would help push the demand down. MR. GRAMATGES: All I can say is that we have indeed done either to marketing, to use in the media, to try to encourage the population at large to reduce water consumption by using irrigation quality water, that's recycled water, to supply, to replace water that is used for irrigation by putting in place an inverted block rate, which is one of the most aggressive, if not the most aggressive in Florida, that indeed we're doing all we can to reduce that consumption and to encourage the population to indeed reduce consumption. If there's any other way in which we can approach this, we certainly are willing to explore it. But these are the ways in which we're approaching it. And we will continue, I assure you, to approach them in that manner in the future. And it is our goal to reduce that consumption. COMMISSIONER MIDNEY: It's interesting to me that Ave Maria and Orangetree have set their level so much lower than the rest of the county. And I'm wondering what they're doing that we're not doing, and maybe if we can try to figure out how we can imitate some of what they're doing so that we can get down closer to their levels. MR. GRAMATGES: Well, what I can say, though, is that the consumption is of course dependent on a lot of factors, factors over which we have little control. One of those factors of course is the amount of water that is used for irrigation. Depending on the density of the area, the amount used for irrigation was very widely. And irrigation, as I'm sure you know, is a big factor, is a big percentage of the total potable water we supply. So consequently in areas where the lawns are big and where there's a lot of golf courses, the 0 .� t) Septembers,' 200? in there again. We actually have something to do now. So does anybody have any problems with type three table? COMMISSIONER MURRAY: I have a question. I just didn't understand where it says variances, conditional uses, nonconforming use amendments, flood variances? I'm just not aware of that title. MS. FABACHER: Well, there's such a thing as you can build below BFE, but it's not often used. COMMISSIONER MURRAY: That's why I guess I'm not aware of it. But what about any other variances? MS. FABACHER: Variance is the first thing on there. COMMISSIONER MURRAY: You're right. Excuse me. I was taken by the flood, I guess. Okay, thank you. CHAIRMAN STRAIN: Any other questions on type three table? Is this something that needs a motion, or is this just a back -up document? MS. FABACHER: No, I think you need to go ahead and move to accept it. CHAIRMAN STRAIN: Is there a motion to accept the revised type three table of applications? COMMISSIONER MURRAY: So moved. COMMISSIONER VIGLIOTTI: (Indicating.) CHAIRMAN STRAIN: Commissioner Murray made the motion, seconded by Commissioner Vigliotti. All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. With that, we're looking for a motion to continue this meeting until the first up on the 30th -- the 20th of September at our regular meeting, prior to our regular meeting on the 20th of September. 8:30 in the morning. Is there such a motion for continuance? COMMISSIONER TUFF: So moved. CHAIRMAN STRAIN: Mr. Tuff made the motion, seconded? I'll second it. All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Motion carries. This meeting is continued to September 20th. MS. FABACHER: Thank you, Commissioner. Page 30 1611 B September 6, 2007 Next one is the deadline to file final plat. We have two items on final plat. MS. FABACHER: Commissioner, you recall, there was kind of a disconnect with this. When Mr. Kuck came up and had changed it from the 90 days that everyone had seen to the 18 months, and subsequent to that, we had a meeting with staff of the different departments, engineering, zoning, building review, and we resolved the problem that they were having with these changes in the fact that we kind of internally decided that this -- a substantial change would be something that would move a right -of -way or a property line. And that would have to come back for a plat, site improvement -- what's it called, Joe? MR. SCHMITT: It's a replat. MS. FABACHER: Replat, thank you. Lost my thought. So that takes away the problem of these changes that was attempted to be addressed by the zoning staff through the engineering rider, and so forth. And so we're now on the same page with the 18 months to record, after final approval, to record the plat. And if anything changes, they'll come back and replat. Meaning the significant change would be moving a lot line or moving a right -of -way line. Other than that, if the drainage moves or the easement moves, it's not significant, not substantial. CHAIRMAN STRAIN: This involves four pages, two pages on 10.02.04.13 and two pages on 10.02.05.B.11. Are there any comments or questions from the planning commission? (No response.) CHAIRMAN STRAIN: Hearing none, is there a motion one way or another in regards to those sections of the LDC? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: What kind of move do you make, for recommendation? COMMISSIONER ADELSTEIN: For recommendation. CHAIRMAN STRAIN: Okay. Motion made by Commissioner Adelstein to recommend approval. Is there a second? COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: Seconded by Commissioner Murray. Any discussion? All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Ave. Anybody opposed? (No response.) CHAIRMAN STRAIN: Last item is -- MS. FABACHER: Excuse me, Commissioner, that's for both of those then? CHAIRMAN STRAIN: Yes. MS. FABACHER: Okay, all right. Fine. CHAIRMAN STRAIN: The last item is the flow chart for type three applications. It was the last time the planning commission was completely omitted. Certainly probably by a, what do they call those, a slip by some people's preference -- MS. FABACHER: Freudian slip. CHAIRMAN STRAIN: -- somebody caught it, either Brad or Donna, I forgot who. But we're back Page 29 F- September 6, 2007 and there's more than one commission member invited we -- MS. FABACHER: It has to be noticed, exactly. Yes, sir, thank you. CHAIRMAN STRAIN: Any other comments on the lot measurement width? Mr. Kolflat. COMMISSIONER KOLFLAT: Not directly on the lot width measurement, but of course it included that definition for cord determination in the first issue that we got. And I had distributed to all of you a memo with two illustrations of cord. But what concerns me is that if you get a large enough arc on that cul -de -sac that you're taking and determining your cord method, you can end up so that you would have • zero setback result. As it becomes much wide it takes a lot bigger part of the are on the cul -de -sac. I have • copy of that if you have any interest to put it on the highlighter. CHAIRMAN STRAIN: I think by referencing this is setback distance, does that address Mr. Kolflat's problem until we get to a workshop? MS. FABACHER: Until we get -- right. CHAIRMAN STRAIN: I think what your issue has been resolved by Commissioner Schiffer's suggestion in that it needs to be more or less vetted out at that workshop that Catherine suggested we hold sometime in the future. COMMISSIONER KOLFLAT: Yeah, because this subject is also included in the front yard definition portion of the code, which calls for this type of a cord measurement. Which I think is wrong, because what happens is that you end up -- can end up with a circumstance where you have a zero setback. In fact, if you get a big enough arc, we take almost 50 percent of this, you have a negative setback. In other words, you could extend your property into what property you don't own, which of course you can't do. But this would allow you to do it. CHAIRMAN STRAIN: Mr. Schiffer, do you have some more to add on this? COMMISSIONER SCHIFFER: Yeah, just quick. In the definitions, Catherine, we also use the word, down at the second lineup, setback line. Can we change that to setback distance, also. Then that way we punted the cord issue. CHAIRMAN STRAIN: Okay, anything else on lot measurement? (No response.) CHAIRMAN STRAIN: Hearing none, is there a recommendation for LDC Section 1.08.02? Mr. Murray. COMMISSIONER MURRAY: Go ahead. I make the recommendation to transmit -- CHAIRMAN STRAIN: Recommendation for approval? COMMISSIONER MURRAY: Approval. CHAIRMAN STRAIN: Okay. Is there a second? COMMISSIONER ADELSTEIN: Second. CHAIRMAN STRAIN: Seconded by Commissioner Adelstein. Any further discussion? All in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER VIGLIOTTL• Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carves. R •.. "6/1 ��n SeP4e ber 6, 2007 was under the assumption it was going to finish today and go before the BCC. Could someone notify him? He's the attorney with Roetzel and Andress -- MS. FABACHER: Doug Lewis. CHAIRMAN STRAIN: -- and let him know that we're going to hear this again under a different -- completely different premise on the 20th of the month. MS. FABACHER: Okay, we can do that. COMMISSIONER MURRAY: Doug Lewis, I believe. CHAIRMAN STRAIN: Doug Lewis, yes. And for the sake of those who may want to attend, does anybody have objection if we put it first on the agenda? COMMISSIONER ADELSTEIN: No. COMMISSIONER SCHIFFER: No. CHAIRMAN STRAIN: Does that work for staff? MS. FABACHER: Yes. CHAIRMAN STRAIN: Okay. Well, let's just get it over with first on the agenda and we'll do that when we close the meeting today, but that's what we're looking at. Okay, next one today's agenda is the lot width measurement for the LDC changes. MS. FABACHER: Commissioner, I think you'll see in this version that we have struck the language that had been added on setback. Direction to staff was to just bring back the method of measuring the lot width and get your preferences or your thoughts on how we might best deal with the other issue of setback in another cycle. (Mr. Midney is no longer present.) CHAIRMAN STRAIN: Anybody have any comments on the three pages for lot width measurement? COMMISSIONER SCHIFFER: I do. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And I notice that we've corrected the figures are all in the right order. I think now Figure 10 could be misleading, so what I'd like to see, instead of using the word setback for now, we have two choices I think that would be good. One is eliminate the reference to Figure 10 and hide it until we discuss how to measure setbacks, or we add the word setback distance to the Figure 10 so that nobody thinks that is the setback, that's just the number that's equal to the setback. MS. FABACHER: Yeah, we can do that. COMMISSIONER MURRAY: That's cool. COMMISSIONER SCHIFFER: And then we can pass on the situation. You know, I have the sketch with me, if you want to see it. But remember, I still think the intent of that was to measure a line parallel to the cord at the setback. And 1 have that drawing, if anybody else wants to see it. That would end up with actually a smaller lot so it would never cause -- everybody was concerned that it would make noncompliant lots. It would actually make lots that people have a minimum a little bigger than they had to be by a little bit. So the way I'm describing is actually more conservative than less conservative. But anyway, Figure 10 could be dangerous unless we have the word distance where it says setback. And then I think that gives everybody what they think we have. And then we can argue setbacks. CHAIRMAN STRAIN: Staff have any problem with that? MR. SCHMITT: No. MS. FABACHER: And Commissioner, let me say that we would like to be able to set up a workshop perhaps with some of the commission members and staff, public workshop just to kind of look at this in the next cycle or two. CHAIRMAN STRAIN: I don't see anything wrong with that. If you set the workshop up, though, Page 27 Seeniber 6, 2007 COMMISSIONER CARON: I think I would be inclined to second Commissioner Strain's suggestion to attempt to rewrite this as an entertainment restriction under conditional use. We all agree that the noise ordinance has to be changed. That's going to be a process that's going to take a long time. And we all agree, and I think we can pass that suggestion on to the Board of County Commissioners. They're apparently going to deal with it, at least to begin with, at their next meeting. Let them know that we're thinking in the same vein, not only with respect to ATVs, but also with respect to noise from restaurants and bars with outdoor entertainment. But that in the meantime, attempting to rewrite this as some sort of entertainment restriction under conditional use seems to make a lot of sense. CHAIRMAN STRAIN: Okay, are there any other comments before I call for the recommendation? (No response.) MS. FABACHER: I just had a question. What do we do about the businesses that already exist as an accessory use? MS. ISTENES: We could write a compliance date into the thing. In other words, we could try to attempt to eliminate what would then become legal nonconforming uses by having a date. CHAIRMAN STRAIN: Yeah, like we have on other cases of changing zoning. With that, is there a motion in response to Section -- LDC Section 5.04.07. Ms. Caron? COMMISSIONER CARON: I thought you had made that motion. CHAIRMAN STRAIN: We had discussion. It wasn't in the form of a motion. The motion's either going to be recommend approval or denial. COMMISSIONER SCHIFFER: I thought we were going to rewrite it. COMMISSIONER CARON: We're going for a rewrite here. CHAIRMAN STRAIN: Recommendation -- first of all, if we recommend denial we're not going to rewrite this. COMMISSIONER CARON: I'll make a recommendation then. CHAIRMAN STRAIN: Let me think this out with you all, and if you don't agree with me -- as far as what we think is a possibility that could be done, we've had a series of expressions to staff over alternatives. One is a stronger noise ordinance, the other is a conditional use focused on outdoor entertainment as the issue, not outdoor seating. I think that point has been made and could be relayed to the BCC as the alternatives discussed. Do we need -- if we need to get into a motion and define that, I'm wondering if that's even possible, or do we want this to come back for a rewrite, and let this one be continued to the 30th of September and hear it again? Can staff do it by the 30th of September, give us something back? MS. ISTENES: Yes. CHAIRMAN STRAIN: Okay, well then I'd just as soon we do that. Is that okay with everybody else? MR. SCHMITT: Based on that, we're going to take the approach of outdoor entertainment. CHAIRMAN STRAIN: Okay. Let's see what you can come up with on the 30th of September -- or the 20th. MR. SCHMITT: I think that provides a very narrow focus, and it really does get after the problem we're trying to deal with. And it does not, as Mr. Murray and others mentioned, hit the mom and pop pizza store with two tables out front, that's not what we're trying to regulate here. CHAIRMAN STRAIN: Mr. Murray, did you want to comment? COMMISSIONER MURRAY: No, I'm going to pass. CHAIRMAN STRAIN: Mr. Schmitt, there was a gentleman from the public who was here. He Page 26 September 6, 2007 is noise. That's what constituted our effort to write this ordinance. Noise that's objectionable to neighbors living in the area. Now, if noise is a factor, all these items don't necessarily always apply. If you have television out there, you can turn the dial down so the television creates a tolerable noise. If you have people there, you have some people that could be talking in whispers, you can have others that are shouting. Obviously there's a distinction in noise. There are various other things that can be considered there, too, but none of them attack the problem, which is noise. And since noise is the problem, why don't we focus on the noise ordinance that we already have and try to develop and expand its utilization so it can be implemented to make penalty to those people that violate the noise restriction. CHAIRMAN STRAIN: I think, Mr. Kolflat, it's a good point. But what's happened in the past and has been testified to or mentioned during this hearing, when you have a noise and a crowd applauds because somebody did something, a successful catch in a football game, that applause is brief and for a matter of seconds. By the time the noise ordinance would want to respond to it or the police would have to come it's quieted back down again. And it's very hard to nail something down that way. And that's why -- that would be one way to look a it. But I think it needs to combine with another specialty use application. That's why I was suggesting making entertainment a non accessory -- automatically not an accessory use, make it a need to be permitted use. COMMISSIONER KOLFLAT: Well, the implementation could possibly be generated. Some time ago we never had random drug testing. But now we have random drug testing and we bring out things unexpectedly that people are violating the law. Why couldn't there be a random testing in some of these installations that are causing the problem? I mean, I'm not trying to generate how it should be written, but obviously the problem is noise, problem is noise, not whether they have entertainment. You could have entertainment in the form of a harpist that's not going to disturb anybody. So it's not anything to do with the entertainment or what the use function is, what it has to do with is that noise is the problem and how do we attack the noise, we have an ordinance for attacking noise. CHAIRMAN STRAIN: Any other comments on this? Mr. Schiffer, I'm sorry. COMMISSIONER SCHIFFER: And if we go one more page, there is an item three which totally prohibits outdoor entertainment within 2500 feet of a residential district. Maybe that's the only paragraph this thing should be is do the applicability and then just have this one paragraph which totally prohibits live outdoor entertainment within 2500 feet. If we pass this the way it is, you would never have outdoor entertainment, that's the last paragraph in this thing we didn't get to. MS. FABACHER: Commissioner, I think that means live, like a band. COMMISSIONER SCHIFFER: Electronic. We put it in, then kill the word live. Except my question kind of was what is live entertainment. It mean, it has to be produced by a living human? So a disc jockey -- MS. FABACHER: Plus through a television. COMMISSIONER SCHIFFER: -- disk jockey live? MS. FABACHER: Yeah. COMMISSIONER SCHIFFER: Television is not. Harpist is. Okay. Just a general comment. I really think it's the problem with the noise ordinance, not a problem with this. This is going to draw in so many innocent people that have never done anything wrong that are going to -- right now there may be a little anarchy with a table or two here and here. And this would just really create more problems than it's ever going to solve. CHAIRMAN STRAIN: Commissioner Caron? Page 25 16 1 1 8 N September 6, 2007 MS. ISTENES: No, I understand. I just wanted to bring that up, because you asked the question, if you guys were going to change that. The other thing under two under the notification, that's a one time ad that will be placed by the county, and the fees for the permits will cover that ad. So it's not going to be the responsibility of the -- MR. SCHIFFER: But it says renewals. CHAIRMAN STRAIN: Commissioner Caron, did you want to comment on that? COMMISSIONER CARON: Yeah, we had discussed that we were going to make this not an annual thing. So that will be -- COMMISSIONER SCHIFFER: That's official? I thought that was an idea. COMMISSIONER VIGLIOTTI: No, I agree, it was not annual. CHAIRMAN STRAIN: Before you go there, I think that what we're trying to do is go through this document and take a look at critiquing the broad language of it. But in the end, I would be surprised if this survives the day. And I think the suggestions we're going to have are going to be a lot more succinct than all this verbiage we have here because there's several ways to go about it that don't require seven pages of verbiage. So maybe if we just keep commenting on more of the structure part of this and worry about the philosophy in the final comments as we finish up page by page, that would be more effective. If that works for everybody? Mr. Murray. COMMISSIONER MURRAY: I just have a question. Do we have PUDs where there's outdoor seating has already been established for these operations, where it's already permitted within the PUD? Would they have to get a permit as well? MS. ISTENES: Yes, and yes. Typically, outdoor seating is considered an accessory use. So if the restaurant use was allowed by the PUD zoning district and they wanted to come in later and add seating, it wouldn't have to be specifically enumerated in the PUD as a permitted use. It's considered an accessory to a restaurant. You may find some PUD's that list it as a permitted use or a permitted accessory use. I never say never, but I don't know any offhand. COMMISSIONER MURRAY: I don't know, I was trying to go, maybe the back door, trying to figure if there are impact fees associated with any of that, and that was all included, whether any of this gets mucky in there, but okay. CHAIRMAN STRAIN: Any other questions? This is the end of the document. I had one in just that E.2, Catherine. The fact that you're looking at 1,000 feet with a residential or estates zoning district, you know, it just doesn't make a lot of sense in regards to the estates. I'm not saying it does in the residential areas, but when you have less congestion and less background noise like you have in the quiet areas of the Estates, the noise from these operations outside would travel a much longer distance. And with that, I think that's the structure issues in this. I would, if the board doesn t mind, I would just like to insert that there's probably a better way to approach this whole thing, and that is basically scrap this idea, look at rewriting the use as an outside entertainment as a requirement through conditional use process. Then what happens is you don't need to list the criteria for it. It all becomes part of the process you have to go through to submit for your conditional use. It gets the public hearings that you need, and it's very specific just to that application. Then the only thing staff would have to write is the definition of what is considered outside entertainment so we know what falls under that particular use. And Mr. Kolflat and then Mr. Schiffer. COMMISSIONER KOLFLAT: Now, the genesis, as I understand it, and the whole purpose of this Page 24 1 6 1 l B September 6, 2007 CHAIRMAN STRAIN: Okay. Any other questions on Page 5, or comments? (No response.) CHAIRMAN STRAIN: I have one. It's referenced on D.I I.B. Talks about the notifying distance of 1,500 feet of the subject site or the PUD boundary. Catherine, I mean, you've got some mighty big PUD's on this site. So you have to notify, like in Pelican Marsh 4,000 or 5,000 owners and then 15 feet outside the several mile circumference of there. You're talking thousands of property owners. I'm just wondering how that's practical when in all other cases you notify them and then on the next page, which we'll get to, if they're just within 1,500 feet. So how do you justify all owners within a large PUD and then 1,500 feet beyond that -- or no, that's just within that. MS. FABACHER: I agree, that's a good change. Just strike 1,500 feet of the site. CHAIRMAN STRAIN: That would be where I'm thinking you want to go. PUD boundary is a little too broad. That was the last comment, I believe, on five. Is there six, any questions? COMMISSIONER SCHIFFER: I do, Mark. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Okay, number two. What it's saying is that we're going to have advertised at every renewal. So every year, how many people there are doing this are going to run an ad in the newspaper stating that they want to be renewed. That seems excessive to me. Letter E.1, what it's really saying is that any outdoor seating on private property, if the people -- if the function of that property is to serve food based on what we said in A, which is part of an eating or drinking establishment serving food and/or beverages, we don't even say there whether it's serving the food outside. Obviously the restaurant is serving food, whether it's inside or out. So that means everybody in town with an outdoor table is required. Two is outlawing breakfast, which I'm not sure that's the intent. It states that you can't serve outdoors between 10:00 p.m. at night and 11:00 a.m. in the morning. Coffee shops and breakfast places wouldn't be happy with that. Three, the posting, somewhere we're going to have a requirement where we're going to have a sign stating that the patrons -- I guess what we'll do, I'm not sure what that sign will have. I guess it's saying it will come up with it. What is that sign going to say, you know, no fun after 11:00 or -- I mean, that's going to be an awkward thing. And then just a question about F.1, Catherine, is that if this activity occurs in the front of a building, obviously the building would be considered separation from the residences behind it, right? MS. FABACHER: You mean the footprint of the building? COMMISSIONER SCHIFFER: Right. In other words, let's say it's a strip mall. I'm in the middle of the mall and in the front of the building. I'm definitely protected. I don't need to worry about any kind of barriers other than the building itself, correct? MS. FABACHER: Hinman. COMMISSIONER SCHIFFER: And again, I think one of the biggest problems is -- MS. FABACHER: I don't know that it would be the whole building. I would think it would be the outdoor serving -- COMMISSIONER SCHIFFER: No, I mean the building itself could act as the barrier, of course. MS.ISTENES: Yes. COMMISSIONER SCHIFFER: That's it. I think we should change the hours, because aren't we eliminating breakfast- related tourism? MS. ISTENES: If you're going to go with entertainment, though, this wouldn't apply. So, yeah -- COMMISSIONER SCHIFFER: I'm just reading what we've got. Page 23 Se*mber 6, 2007 Commissioners in 30 days. Is that like public comment on their agenda, or how would that happen? MS. FABACHER: That's something that comes from the nuisance board or the code enforcement board or the special magistrate. That's just the process as it exists there. COMMISSIONER SCHIFFER: But they wouldn't use the public hearing process below? MS. FABACHER: They could. They're just different options. COMMISSIONER SCHIFFER: Well, what this is something is that if they don't like the decision, they can appeal it to the Board of County Commissioners. MS. FABACHER: Right. COMMISSIONER SCHIFFER: So the process they would use is other than -- MS. FABACHER: No, it would be the same, the conditional use. COMMISSIONER SCHIFFER: Then maybe we could reference it. MS. FABACHER: All right. COMMISSIONER SCHIFFER: In D, there's some redundancy. D.1 is that -- is any condition where there's been one or more violations. Yet in B, C, you start the thing off by saying wherever there is one or more violations. So I think we can kill the first sentence in B and C, do you agree? Because they're referencing what you say in one. MS. FABACHER: Are you talking about 3.13 and C? COMMISSIONER SCHIFFER: One. I'm on Page 5. It's D under public comments, D.1, B and C all start out with the petitioner for a temporary permit. MS. FABACHER: Okay. COMMISSIONER SCHIFFER: So I think that's exact -- it's under the category one, which is exactly that. If you have one or more. MS. FABACHER: Right, okay. COMMISSIONER SCHIFFER: I'm just saying it's just -- MS. FABACHER: Redundant. COMMISSIONER SCHIFFER: Redundant wording. And it may give you the illusion that the other ones don't apply. That's it. Thank you. CHAIRMAN STRAIN: Commissioner Adelstein. COMMISSIONER ADELSTEIN: Yeah, we're all talking in a different kind of sphere. I spent three years in one of these as a partial owner. And the trouble that you are talking about here doesn't really happen there. Why? Because they have four or five men in there making sure that nobody makes any unjust type situations. And the thing goes right through, they have their music, they have their dancing, but they don't get to get -- if they get too much liquor, they're out of there. They're not their way of doing it, they're taken out of there. Most of the time, and in fact, the hours that I've spent there, I seen only once that somebody made enough noise to make a real problem. And then that lasted about a minute, minute and a half. This situation that you're talking about now is basically these people know how to run the business. If they have somebody coming in there and making noise on them right away, that guy's out of there, or that group is out of there. And the answer is that the way to run these things, if they're run properly, you won't see the situation. There's a good deal of money in it, a great deal of money in it because of the openness and the situation the way it is. And therefore the owners who are in it make sure that petty things like that don't happen. Here we're talking about what we think we could do with it. And I'm telling you that if you get them open and get them done properly, most of them, if they're any size or any quality, won't have any problems that we're talking about. Page 22 September 6, 2007 violation that would then be -- it would then be deemed eligible to bring before th &Board of Zoning Appeals as a previous incident or former incident that had taken place. COMMISSIONER MURRAY: All right, well taking the opposite side intentionally here, or let's say for the sake of argument that we had somebody who was in a position of authority or power who could issue a citation who had had a problem with an owner of a restaurant or a friend who'd had a problem, and somehow the person managed to -- or some damage was caused on the personal private property of the owners of the establishment. And that could mean that a code enforcement officer, in this extreme example, admittedly, could go in and give them a citation and tie them up because of that. MR. SCHMITT: No. MS. FABACHER: I don't believe so, Commissioner. I just think that's one of the reasons, if something had happened in the past and say something had gotten out of hand and they damage private property and a police report was written, then if the hearing went to the BZA -- to you and the BZA, then the neighbors or the people who were opposed to this continuation of this use, would say I have this police report from May such and such where somebody hummed a beer bottle through my windshield. It's not to enforce it, it's just to give the board and the -- advisory board and the elected officials criteria in which to revoke a permit. CHAIRMAN STRAIN: Are there any other questions on Page 4? (No response.) CHAIRMAN STRAIN: If not, move on to Page 5. COMMISSIONER MURRAY: Could I ask Mr. Klatzkow a question? Does that fall under the category of attractive nuisance? Is that what were citing in that context -- MR. KLATZKOW: Not, it's not an attractive nuisance. An attractive nuisance is like a swimming pool without a fence around it that kids would go to. COMMISSIONER MURRAY: Well, it's an establishment that draws people in for the purpose of entertainment. I can -- MR. KLATZKOW: I guess what this is getting at, as Catherine said, it gives the board criteria to utilize when the neighbors come down here one day demanding that this conditional use be revoked, you know, he trampled on my lilies, he threw cigarettes all over my lawn, they threw beer, he did this. It's just creating just a general nuisance for the neighborhood and these are the criterias for that. COMMISSIONER MURRAY: Okay. And I don't object to that. I just wanted to make it clear to my fellows as well that, what my thinking process is always concerned with the balance of the equity issue and what about the potential for somebody -- MR. KLATZKOW: This is all about getting a roomful of people here screaming about a local establishment. That's really what this is getting at. COMMISSIONER MURRAY: Okay. Hopefully I won't make more of it than I should. Thank you. CHAIRMAN STRAIN: Page 5. Mr. Schiffer. COMMISSIONER SCHIFFER: The first sentence. Essentially what that's saying is that if you get a noise violation, the county manager can shut you right down, correct? MS. FABACHER: Well, we had more in mind that when the violation went to the special magistrate, then they can suspend. They can't shut the whole business down. They can suspend the permit, if it was issued, to have outdoor seating with entertainment, as we're now couching it. COMMISSIONER SCHIFFER: Number three, what process would that happen under, the public hearing process, or -- MS. FABACHER: Well, you mean the revocation of the permit? COMMISSIONER SCHIFFER: Yes. It says it can be appealed to the Board of County Page 21 September 6, 7 where the parking's is based on shopping center calculations, which is usually more than adequate to accommodate for restaurants because there's limitations. So unless you have a standalone restaurant, it probably isn't going to be a problem. COMMISSIONER SCHIFFER: I'm not so much worried, I think anybody that designed outdoor seating area or showed on their plans that they were going to have seating that's outdoor would definitely have qualified already. But this is the little mom and pop throwing two tables out in front of the place that is going to have a problem with that. They're going to have to show through a study showing all the parking to prove that they can do it. MS. ISTENES: Well, if they're increasing the seating, they have to amend their site plan anyway. I don't think, generally speaking, if somebody throws a chair or two outside for somebody to sit and wait, that's not considered seating, per se. We're talking tables and chairs where people would be served. COMMISSIONER SCHIFFER: So you think every time we go by a little shop and it has a couple tables outside, that they've come in and got approval for those tables and the walkways and -- MS. ISTENES: I don't know. COMMISSIONER SCHIFFER: I don't think so. MS. ISTENES: I don't think this is going to impact them anyway. CHAIRMAN STRAIN: I think what we're doing is regurgitating what we previously discussed that this does -- COMMISSIONER SCHIFFER: I'm just going down what's the requirements here. And I think that E requirement is going to be tough for a small place. F, I had a comment on. CHAIRMAN STRAIN: We're still on Page 4. COMMISSIONER SCHIFFER: I'm on F. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: I'll let F go. Again, I think it's vague. I think what we're starting to do is inspect these operators' prior behavior too much. But I'm done. CHAIRMAN STRAIN: Any other questions on Page 4? Mr. Murray. COMMISSIONER MURRAY: Yeah, going back to 3B, the use will cause any danger or health hazard or unreasonable inconvenience to any person or will damage any public or private property. Do we get involved in -- and I don't know that it will damage it, the actions of parties can damage it. Okay, that's a small matter. But private property was a question that came into my mind. How does one relate to that? Is that something that you can relate to, that it will damage or can damage private property? Suppose it's the property of the restaurant. MS. ISTENES: I'm going to have to look to Catherine for that, it's her language. I'm not sure I can explain it. I think you raised some good points. MS. FABACHER: Absolutely. I was just thinking in terms, say, of buffers or vegetation or wall or just when these sort of uses historically spill out into the right -of -way there, as they normally do when you get overfilled, you're running up against abutting property or the street or required vegetation. MR. SCHMITT: Or in the parking lot, or people sitting on private cars, vehicles. MS. FABACHER: Right. A car is private property. COMMISSIONER MURRAY: Does the county insert itself in those matters? Because I know that the county has disclaimers associated with condominiums and HOAs, et cetera, PUDs. MR. SCHMITT: Some of that would be, certainly it's enforceable in the Sheriffs Office. But this only provides us some language that we can track and keep track of this as a -- if there was a previous Page 20 l 61 j � ptember 6, 2007 CHAIRMAN STRAIN: Okay, Page 4? �f COMMISSIONER SCHIFFER: I do. CHAIRMAN STRAIN: Go ahead, Brad. COMMISSIONER SCHIFFER: And it's the magenta in Number 2. First, I think there's a lot of vagueness here. It says the county shall have adequate reason why. Do we ever really define adequate reason? And if we do, we should reference that. CHAIRMAN STRAIN: What number are you on? COMMISSIONER SCHIFFER: Number 2. And then Number 3, I mean, essentially what that's going to require is a seating layout, it's going to require, you know, parking. It's going to require a study of the guy's floor plan. For example, the fire department is going to look at it. What would they be interested in other than making sure that this outdoor seating is not blocking an exit, not blocking exit discharge. So essentially this is going to require a plan that's going to have to be prepared to be reviewed. And then there's going to have to be adequate reason, which is a little built vague. Number 3, the wording, without limiting the generality of all the other provisions. What does that mean, Jeff? You don't know? Okay. Number 3.A, that's again -- it sounds good, that's certainly something that belongs in the GMP, but it's kind of a vague statement. I'm worried how that would be interpreted. Three B, I think the intent there is that the use will not cause any danger as written. It's the use will cause any danger, so I don't think that's -- the intent there is that it's a negative. COMMISSIONER MURRAY: No. COMMISSIONER CARON: To refer to where the paragraph's written above. COMMISSIONER SCHIFFER: And the use will cause any danger or health hazard. MS. ISTENES: You have to read it -- I'm sorry, Susan Istenes for the record. Read it in its entirety with the qualifying paragraph under three and it will make more sense. COMMISSIONER SCHIFFER: Well, then shouldn't it be whether the use or something -- anyway, if you think that's written good. D, the use will be -- I guess the same problem. But essentially what we're saying, though, is if the use is allowed indoors, it would be allowed outdoors then, right? If whatever use is expanding to the exterior. I know we have some limited uses outdoors like storage of materials and stuff like that, but -- I mean, since this is going to be outdoor seating for an existing use, wouldn't it always be -- never be in violation -- COMMISSIONER ADELSTEIN: No. MS. ISTENES: There could be circumstances, you could have specifics in a PUD, for example, that might prohibit certain things or there could be other violations of the code. COMMISSIONER MURRAY: This is off again here. Would you click the button or something that makes this work. CHAIRMAN STRAIN: Pull your mic a little closer to you, too. COMMISSIONER MURRAY: Thank you. Now I'm hearing you. COMMISSIONER SCHIFFER: E, down to 3.E is essentially how would somebody prove that? You would have to have a parking analysis for the whole center. So to get this permit, you would actually have to prove that you have sufficient parking for those tables. And again, that would generate a plan. You'd have to do something to show that. MS. ISTENES: You actually have to do that now. So the parking requirement can be based on seating for restaurants. So you do have to have enough parking to meet your seating. Where you typically don't run into a problem with that would be like in a shopping center situation Page 19 September 6, 2007 called or the sheriff is called, they close the door. And so of course nobody can prove that this is an issue. How we, you know, end up dealing with somebody like that, I'm not sure, other than to get the neighborhood to boycott going there. You know, there are certain things that we're just not going to be able to control. COMMISSIONER SCHIFFER: But the point is that it's not -- like a lot of places have little areas for smoking outdoors now. Is that becoming a nuisance or -- COMMISSIONER CARON: Not that I'm aware of. COMMISSIONER SCHIFFER: The question on this page, Mark, is -- CHAIRMAN STRAIN: You're on Page 3 now, Brad? COMMISSIONER SCHIFFER: Page 3. Up at the top, it says, essentially I think what that phrase is trying to do, it's really a carry over from the Page before, number 5. Is that if this passes, people have to by March 31 st, anybody with outdoor seating has to come in and obtain this use permit. So essentially wouldn't this, probably based on past experience, become law in January. So we're giving people three most to round up, educate inform and get everybody in? I mean, I think that should be a lot more time than that. MR. SCHMITT: I think we're going to look at this issue of maybe a one -time start-up permit. And the only time you would have difficulty if there was a record of complaints. I think that's something that we can look at that certainly would not involve the $300 a year renewal. There's certain things I think we can maybe make that work, and I think it's an idea we want to look at some more. COMMISSIONER SCHIFFER: But isn't the purpose of this to state that everybody out there, there's no grandfathering, everybody has until March 31 st, 2008 to get signed up. MR. SCHMITT: That's correct. This is putting everybody on notice saying -- COMMISSIONER SCHIFFER: Anyway, I would suggest we give people more time. I don't think you can even make aware of it by that date. COMMISSIONER CARON: Make it June instead of -- COMMISSIONER SCHIFFER: Whatever. We can discuss it as we go down. COMMISSIONER MURRAY: Doesn't this whole thing have to go through a process and then ultimately be approved by the DCA? And would it be -- CHAIRMAN STRAIN: No, BCC. COMMISSIONER MURRAY: Only the BCC in this case? MS. FABACHER: BZA. CHAIRMAN STRAIN: That's land development code. COMMISSIONER MURRAY: That's right, not GMP. Wouldn't that bring it very close to the time frame we're talking about? What is the schedule? CHAIRMAN STRAIN: The schedule to go before BCC, does anybody know? MS. FABACHER: October 11th. And it should be finished by the end of October. COMMISSIONER MURRAY: Okay. CHAIRMAN STRAIN: As we think about these dates and discussions we have, there's a possibility we could see this in another rewrite on the 30th of September. If we have another meeting then, if this was the only thing left over, it might be something to consider after we get done discussing and recommending on this -- COMMISSIONER ADELSTEIN: I recommend that. CHAIRMAN STRAIN: Well, we're not there yet. COMMISSIONER ADELSTEIN: I understand that. CHAIRMAN STRAIN: Let's go through the process. Page 3. Anymore on Page 3? (No response.) jb 11 1 4tember 6, 2007 MR. SCHMITT: I don't know if that would get to the issue of some of these outdoors bars. If they have amplified music, that's outdoor entertainment. If it has televisions, that's outdoor entertainment. CHAIRMAN STRAIN: Well, what outside bar wouldn't have anything. If you get an outside bar with nothing to watch or hear, what are you going to be outside doing besides eating, and that's okay. COMMISSIONER SCHIFFER: Smoking. CHAIRMAN STRAIN: They wouldn't be causing a problem if that's what they're outdoing is just outside eating, so -- MR. SCHMITT: Part of the problem here, though, are some of the establishments, just because of the noise created by people, people outside. CHAIRMAN STRAIN: Cheering games on the television that's outside. COMMISSIONER SCHIFFER: Maybe. COMMISSIONER VIGLIOTTI: Ambient dinner noise. CHAIRMAN STRAIN: But ambient dinner noise, you have 25 tables outside, 20 four- seaters with people sitting around chit - chatting, you're not going to hear it at Donna's house. COMMISSIONER MURRAY: They're guilty of congregation is what they're saying. MR. SCHMITT: That may help at least narrow the focus of the enforcement, if it's deemed outside entertainment. And those establishments that have, I would call it ambient noise, but noise associated with outdoor dining, it's just -- sometimes that even becomes disruptive. But, again, I guess you're right from a standpoint of it is an accepted conditional use -- I'm sorry, accessory use. CHAIRMAN STRAIN: Right. Ms. Caron? COMMISSIONER CARON: And for the most part, if you just are dealing with outdoor dining -- MR. SCHMITT: Right. COMMISSIONER CARON: -- then you are dealing with something that ends at 10:00 at night. We're not talking about, you know, carrying on into the middle of the night. And that's when the problem comes. But if somebody is -- has outdoor dining and -- I've got to believe, I don't think there's a kitchen in this town that stays open much past 10:00 at night. So people are pretty much gone by the time other people are looking to go to bed. So, you know, I don't think that becomes as much of an issue. So the entertaining issue I think is a good, probably a good and more narrow focus for this, as are other restrictions such as numbers of feet away from residential and, as you and I talked about, perhaps putting the zoning level under uses. You can put various restrictions on those use codes that would take care of situations like this. CHAIRMAN STRAIN: Okay, well, that's just some food for thought then, as we gel this thing together and finish our discussion on it. Brad, we'll move on to Page 3, and I think you expressed you had a question? COMMISSIONER SCHIFFER: Let me just ask a question based on what you said to Donna. Donna, are any of those places that you cited places that don't have entertainment, that is just a cackling crowd keeping everybody up, or -- COMMISSIONER CARON: Off the top of my head, Brad, the ones I can think of all are, involve televisions and/or -- COMMISSIONER SCHIFFER: Music -- COMMISSIONER CARON: -- you know, music. The ones that I can think of off the top my head. Now, I'm not going to say that there may not be somebody out there who's pushing the envelope. But I think for the most part, we're talking about things that involve entertainment. There is one instance where we have actually entertainment inside the venue, and what they do is they prop open their back door, which affects the neighborhood. And then as soon as code enforcement is Page 17 1611 1 CHAIRMAN STRAIN: Not now. September 6, 2007 COMMISSIONER SCHIFFER: Mark, the other question I have on Page 2 is -- carries over to Page 3. Should I wait until we get done -- CHAIRMAN STRAIN: Yes. I have two things on Page 2 I'd like to ask about. Under A.3, the fourth line talks about after the parenthetical, it says have been issued to the operator by the code enforcement department. I thought the code enforcement department only cites the owner of the property. COMMISSIONER ADELSTEIN: I know. Good question. CHAIRMAN STRAIN: They don't cite an operator, because they can't attach the land by citing an operator. I think their ultimate goal is to cite the owner of the property, because that's where their liens or fines would have to go, I thought. Is that -- MR. SCHMITT: That's correct. COMMISSIONER TUFF: What page -- CHAIRMAN STRAIN: I'm on page -- we never got past Page 2. I'm on paragraph three on Page 2, the second line from the end. MR. SCHMITT: The citation goes to the property owner. CHAIRMAN STRAIN: Okay. Because that's going to have to then be chased throughout the document. The document is always referencing the operator, and sometimes the owner, but mostly the operator. And then another question I have on this is, I had always though that outdoor seating was an accessory use to a restaurant. So how can we regulate something that's always been an accessory use, because most of the people who would have gotten this right as a permitted right would have expected the typical accessory use. On the other hand, if our goal is, from what I'm hearing, is to regulate entertainment, maybe this isn't an ordinance to write against outdoor seating, maybe this is an ordinance that should be addressing outdoor entertainment. That would bring in a whole more focused direction than going after all the places we cited as ice cream parlors and pizza parlors. None of those would be subject to this, it would be then outdoor entertainment, which means outdoor televisions, outdoor bands, outdoor speakers, things that are entertaining in nature. I'm wondering if we looked at that as an avenue? MS. FABACHER: They're already covered. Code issues temporary use pen-nits for amplified sound. So they're all -- CHAIRMAN STRAIN: That's not what I mean. If you have a restaurant and you have tables outside and you use that for eating, that's, to me has been an accessory use to a restaurant all along. It's done all over the county. Almost every restaurant probably includes that. And, as the gentleman who is going to speak to us had reminded me downstairs, that seating is counted when they pay impact fees, when they let out their transportation, and when they qualify for their liquor licenses. And to deprive them of that seating could result in a whole myriad of other issues that we haven't really thought out yet. So I was trying to figure out, okay, if that's a typical accessory use that's covered under a myriad of other issues, what is it that's different? And the difference is the entertainment. And I don't mean outside speakers, I mean entertainment. And it's not a temporary use, it becomes a permanent use when they move a TV outdoors and put a band outside. Those are -- or music outside. Those are permanent uses. So I don't think a temporary thing is what -- a temporary permit under entertainment is what I'm suggesting. I'm suggesting maybe make outside seating with entertainment a separate function that's looked at, instead of just outside seating. MR. SCHMITT: And that is a suggestion. I like that. That may help narrow the focus. We would have to define what is -- at least what entertainment means. CHAIRMAN STRAIN: But maybe that would help get us past the issue -- Page 16 eptember 6, 2007 problem a few years ago, and there is now. CHAIRMAN STRAIN: It's getting -- it's 11:58. I have been wrong many times in the past when I suggest that we work through lunch thinking we only had a little bit of stuff to finish up. Right now the court reporter either needs a break or we need to take lunch. And I would suspect based on the fact we're only on Page 1, I get the tone of the commission that maybe this isn't the right way to go. But regardless, we're going to have to go through each page of this, because if it goes to the BCC, even with a recommendation of denial from us, and they pass it, we still want it in the best form it can be in. So that's going to take time. So I'm suggesting if there's no objections we take a one -hour break, come back here at 1:00 and resume this meeting. Is that in favor with everybody? COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Okay. MS. FABACHER: Commissioner, we do have one public speaker here for this. CHAIRMAN STRAIN: Then you'll have to come back at 1:00. Thank you. We will break till 1:00. (A lunch break was taken.) CHAIRMAN STRAIN: Welcome back to LDC cycle one continued meeting. When we took a break, we left off on the 5.04.07 temporary use permits for outdoor serving areas. And we had moved forward at a snail's pace and gotten all the way to Page 2. And the discussion that we had worked into was about maybe the right way to fix this would be the noise ordinance and not necessarily through a separate ordinance. But regardless, I think we need to walk through all the pages of this just in case any ordinance like this were to see the light of day past us. So with that in mind, let's go back to Page 2 and ask any further questions on Page 2. Because I do have a couple. Go ahead, Brad. COMMISSIONER SCHIFFER: And this is something. A long time ago, and Joe would know, that there was a -- the commission was trying to figure out ways to eliminate maybe some of their work. Is this something we really want to send to the County Commissioners, or is this something that the CCPC could handle? I think we should give them that choice. MR. SCHMITT: I have are to defer to the county attorney, because that then becomes a legal issue of what you can do through your authority. Do you know, Jeff? MR. KLATZKOW: Are you referring to the conditional use? That's got to go through the BZA. MR. SCHMITT: That was my understanding. MR. KLATZKOW: You get to hear it but you have to go through them. COMMISSIONER SCHIFFER: So it would actually come before us prior to them? CHAIRMAN STRAIN: Yes. If you go to Section 10.08.00, that puts us in line. COMMISSIONER SCHIFFER: We could really clog the system with these. CHAIRMAN STRAIN: We're not there yet. COMMISSIONER ADELSTEIN: If he doesn't get to his microphone, he won't have to worry about talking. CHAIRMAN STRAIN: I'm sorry? COMMISSIONER ADELSTEIN: If he doesn't get to his microphone -- CHAIRMAN STRAIN: You're doing the same thing. Talk to the microphone. COMMISSIONER ADELSTEIN: I did. Page 15 61 Septemb -& 6, 2007 in, and that's on the next page, we'll talk about it. They're going to bring -- everybody has to round up before that. But Donna, let me ask you a question. Is the existing noise ordinance not able to control that? Because here's the problem, this thing is based on you're going to be issued one or more Notices of Violation, so if you can't get a violation now, you're not going to get a violation then -- COMMISSIONER CARON: Precisely. I think that's a flaw -- COMMISSIONER SCHIFFER: -- then this isn't going to work. The violations -- I mean, reading the noise ordinance, which is in front of us, the violations are pretty severe. You can put a guy in jail for 60 days. If he does three of them in 12 months, you can go yank whatever he's doing. So theoretically, the cops, if they're getting violations at these places, can go take the bar. So if they're having trouble getting these violations recorded -- are they? Because how are they going to get the one violation that they need to have the axe on this thing? COMMISSIONER CARON: I think if you talk to people like Mr. Schmitt, it's not happening now. MR. SCHMITT: The noise ordinance is a difficult ordinance to enforce because it has to be a certain decibel, it has to be for a sustained period of time. Noise ordinance is coming back to the board again to be amended on Tuesday, having to deal with issues with ATV's and such. Unfortunately there's some subjectivity. One of the things I'm going to ask the board is that we again do a wholesale rewrite of the noise ordinance just because of some of the difficulty in the enforcement of it. But I'm intrigued by what Ms. Caron brought up may be a better approach. And certainly it does not penalize the smaller businesses. But again it does create exactly what you said, Brad, that I still have to have a violation in order to bring this. The issue here is to try and create some venue to bring these issues before the board or the BZA to withdraw the outdoor use authority. COMMISSIONER SCHIFFER: Well, we live in Florida. We don't want to withdraw outdoor eating, outdoor dining. MR. SCHMITT: Right. COMMISSIONER SCHIFFER: That's one of the beautiful things here. But the point is that if we can't get the existing noise ordinance to trigger a violation, then that means it's not going to trigger one, which you need to have in this ordinance we're trying to write. So isn't our problem in the noise ordinance, not in this? And the scary thing is we're going to terrorize these small little mom and pops. You know, they're going to get to prove they have parking, to prove all the other things in this thing. This ordinance is just going to be government in the face of little guys and it's going to really be a tough thing. You're going to give them three months probably after it passes to round everybody up or they're going to be in violation. This is a sad ordinance. And I think the problem is in the noise ordinance, it doesn't need a new ordinance. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER SCHIFFER: Enough said. COMMISSIONER CARON: No, I think that's correct. I think the problem is in our noise ordinance, because it is too difficult now to get a reading when they go out there in the middle of the night. And by the time the cops show up and are called, don't you think that that television's been turned down? Don't you think they've told the patrons to shut up? Absolutely. And so, you know, I think that again this may be better left until after the noise ordinance is addressed. But everybody just needs to be aware of how serious an issue this is out there. And if it's not serious in your area right now, I guarantee it will be. It's coming. Don't think that you're immune just because you happen to live today in an area where there isn't a problem. hi my neighborhood there wasn't a Page 14 161 e t& 2007 CHAIRMAN STRAIN: Ms. Caron, then Mr. Adelstein. COMMISSIONER CARON: Yeah, I'd kind of like to get back to the focus of why we're even having a discussion on this. And it is not to penalize small restaurants and charge them $300 a year for a permit. There's no need for this to be an annual permit. Issue a permit one time. You're doing nothing with these people unless they create a violation. You have no other need to be involved with them unless they create a violation. And then any costs that go to take care of those violations should absolutely kick in. And if they're going to be a violator and it costs them $4,000, too bad. The goal is for people not to be violating our noise codes and not to be bothering residential homeowners. So I think there's really no need for this to be an annual thing. Charge them one time for a temporary use permit and let it go. It's a cost of setting up a business. It's not going to put anybody out of business. As to the whole issue of when the permit gets issued, it really is inconsequential. First of all, once you open a business, you don't have to have outdoor seating on day one or day two or month one or two if that's going to upset the fact that you're going to have to pay for the pen-nit on July 30th and then again on September 30th. It's like just don't put the tables out until September 30th. It's not that big a deal. The point of this is to get at people who are violating the health, safety and welfare of people trying to live near where these businesses are. That's the whole purpose of this. We have bars and restaurants that have created outside seating venues, and they are primarily bars and they are primarily those who have entertainment on the weekends and have televisions outside and everybody stands and screams at the games until 1:00 and 2:00 in the morning. And that's what we're trying to protect. It has nothing to do with a little ice cream store who has three tables out front. It doesn't even have to do, I would agree with Mr. Schmitt, with Outback who wants to serve their patron a drink while they wait to get their table inside. Those are not the ones where complaints are happening. Those are not the violations that are happening. The violations are happening at places like Pelican Larry's up on Immokalee where their entire bar is open air. And they party on with music and T.V.'s and drunk patrons until 2:00 in the morning and it backs right up to residential homes. COMMISSIONER SCHIFFER: Mark, can I ask Donna a question? CHAIRMAN STRAIN: Well, Commissioner Adelstein had a -- COMMISSIONER SCHIFFER: I just wanted to ask Donna a question -- CHAIRMAN STRAIN: I know, but he wanted to ask you a question and I wouldn't let him interrupt until Donna had her say. But go ahead, Brad. COMMISSIONER SCHIFFER: No, no, let him go ahead. CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: You started out with a situation here. If we say that March 31 st of any year is the latest time you can get one of these permits, it's not a matter of if you get a new company and open up in July you can open it up. You can't. Because if you go past March 31 st, you can't use it. COMMISSIONER SCHIFFER: That's the initial. CHAIRMAN STRAIN: That's been -- Mr. Schmitt already suggested a correction for that by referencing up above by using the following permits are good through the following September 30th. COMMISSIONER ADELSTEIN: They're good till September. But you can't get one unless you go before March 31 st. In other words, if you get one by March 31 st you're fine. After that you can't until the next year. So the answer is simple, this is a situation that you can do it up to March 31st, you're okay, but if you go past that you can't get one in. CHAIRMAN STRAIN: Brad, did you want to -- COMMISSIONER SCHIFFER: Just to answer that. I think the intent is that they're going to hustle Page 13 'September 6, 2007 which is three more months, and you buy a ticket that expired last September 30th -- because it says it expires on the year its issued, so I have -- if I bought one in October, 2007 it expires in September. Anyway, it's just a wording problem that I think should be cleared up. That's enough for that. CHAIRMAN STRAIN: You're still on Page 1? COMMISSIONER SCHIFFER: Well, one other comment. In four we're looking at section -- what? CHAIRMAN STRAIN: I'm sorry, I'm getting sidebar here. COMMISSIONER SCHIFFER: Okay. On four we're referencing Section 10.08.00 as the where to go for the public hearing. MS. FABACHER: Correct. COMMISSIONER SCHIFFER: Yet further on we have a section within this which is 5.04.07.D. Why don't we just send everybody to that? Because that ultimately sends them to 10.08. But, in other words, it's the public hearing advertising requirements. So throughout this document we're sending them out of here. Why don't we send them into within here and then we can control them all from one spot. MS. FABACHER: As far as the conditional use process? COMMISSIONER SCHIFFER: Right. MS. FABACHER: Well, just cross - referencing a process that's already in place, because we didn't want to create a whole new process, and it's generally conventionally what we do, if we're going to use an established process, we just cross- reference -- COMMISSIONER SCHIFFER: No, you're missing my point. Go to Page 5, look at D, and it's called public hearing and advertising requirements. So the one that I saw on four essentially requires a public hearing. Why don't we just reference this section and then from here you'll ultimately send them into 10.08. CHAIRMAN STRAIN: I think what he's saying is procedures established in Section D of this 5.04.07.1), he's referring -- he wants you to refer back to this item of the LDC to look at the process to get to a public hearing. MS. FABACHER: We can do that. COMMISSIONER SCHIFFER: Because if you don t, like, for example, four sends you straight out, you may miss the advertising requirements and other things that are in there. So I think -- and that happens on other areas that we refer to within the -- if we do anything special. MS. FABACHER: All right, we can fix that. And Jeff Klatzkow has recommended a word change on the second page there, number two, any temporary use permit issued under this code shall expire on the following September 30th in the year it is issued. MR. KLATZKOW: The following September 30th. COMMISSIONER SCHIFFER: That would cure the -- MR. SCHMITT: That still creates confusion. Because if you get it in July, what you're -- MR. KLATZKOW: The following September 30th. MR. SCHMITT: Okay, that clarifies it. COMMISSIONER SCHIFFER: My concern really wasnt issued in July and getting ripped off for three hundred bucks. My concern was, you know, that the way it's worded there is a no -man's land after September 30th of that year, which that would cure. MR. SCHMITT: The intent was if you were issued prior to September 30th, that expires 30th of that year. If it's issued after September 30th of that year, it expires the following September 30th. COMMISSIONER SCHIFFER: Right. MR. SCHMITT: In essence that's the way it needs to be written, make it very clear. Page 12 S emb� p er 6, 2007 For example, in the architectural standards we put seating as one of the things that are encouraged. So if an ice cream parlor comes in and people are taking that ice cream and eating it out there and the seats are probably right in front of it, do they apply? And how do you -- so I do think that before we go further, if these things don't apply, like you say, Joe, but you said they did, so I think we really have to make that clear. Number two, if I come in October and buy my permit, what happens to me based on the wording of number two? Which says any temporary use permit issued under this code shall expire on September 30th of the year it is issued. So doing a little bit of code programming, that would be called an endless loop. So in other words, if I buy in October -- so why aren't they just annual licenses, and why are you aiming them all towards one point in time which could be a burden on -- MS. FABACHER: It's true. But it's the same -- we did that so that they would be in sync with when you're required to come in and get your annual occupational license. This was for the ease of the applicant. COMMISSIONER SCHIFFER: So if I buy my October license, what happens to me based on the wording of number two? It expired before I bought it. MS. FABACHER: And you buy it in October? COMMISSIONER SCHIFFER: Right. MS. FABACHER: I don't see the problem. COMMISSIONER SCHIFFER: Any temporary permit issued under this code shall expire on October 30th of the year it is issued. So if I come in for my primary license -- MS. FABACHER: September 30th. COMMISSIONER SCHIFFER: Let's say I come in and -- you know, my license after September 30th, it will last a full year? MS. FABACHER: No, it runs from September 30th, 2007 to September 30th, 2008. COMMISSIONER SCHIFFER: My point is -- MS. FABACHER: You want us to prorate the fee, is that what you're saying? COMMISSIONER SCHIFFER: No, the initial permit, I come in for my first -time permit after September 30th, you're telling me it will expire that year. But anyway -- MS. FABACHER: Well, yes. And I think in five it says you have to get it no later than March 31th, 2008. COMMISSIONER SCHIFFER: Well, a new building, a brand new building opens up in October. He comes in -- but anyway. MS. FABACHER: Well, he'd come in when he gets his occupational license, he'll get this license. COMMISSIONER SCHIFFER: And it won't expire till the following year, not the year it's issued. CHAIRMAN STRAIN: I think what Brad's trying to say is if someone comes in July and gets the -- pays $300 and gets one of these temporary permits, does it expire every single year on September 30th? So he only has two months with it. That's what I think he's trying to ask. MS. FABACHER: Right. And I'm saying does he want us in those situations to try and prorate the permit fee? CHAIRMAN STRAIN: Okay, well that -- but I think that's the question he's trying to get to. MS. FABACHER: Well, no, I can't -- CHAIRMAN STRAIN: Brad, the answer to your question is yes, it would expire in two months. They pay $300 for two months versus if they waited till September 30th or October 1 st, then they'd pay $300 and they'd have 12 months. COMMISSIONER SCHIFFER: And what I'm saying also is if you come in after September 30th, Page 11 September 6, 2007 it is a real problem for somebody. And we're just blanketing all these restaurants. And there's a -- you know, I think of Chrissy's Cafe, they have little tables out there and chairs, and there's more than 24 spots there. And each of these places will have to have a $300 fine. And all it takes is one neighbor that says I'm going after these guys, now they have to go for the $4,000 charge. So there could be a -- I think we're making regulations and fees and fines for -- you know, $4,000. If you figure you have 10 bucks a shot -- a plate, you're going to serve 800 more people before you even break even for a year. And I just think it's an extreme burden on businesses. And I --if there's a better way that we didn't allow this to happen in the first place near a residential area, I think we'd have something. But there's a lot of people that have been in existence for a long time that will be greatly affected by this. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: I think I'd like to get beyond Page 1. CHAIRMAN STRAIN: Well, we're still on Page 1, and Mr. Tuffs expressed his concerns about the cost. Is there anything else on Page 1? Mr. Vigliotti? MR. VIGLIOTTL- I also agree that $300 is a lot of money for a small business owner, if each and every little business owner is going to be affected by it. COMMISSIONER MURRAY: I might as well chime in the same. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I might as well chime in the same. I think it's very expensive. It comes to mind a little pizza place in East Naples and there's just a new couple bought the place up and they're struggling trying to make some money. And they're going to be subject to this. They have two plastic tables and chairs outside. Three hundred bucks to them is probably a lot of money. CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: This is a situation where we're talking about a major business. It is a major business. You're talking about the $4,000, the $300, this is a situation that is intact now and should be intact now. If we're going to deal with smaller businesses, they can afford it, they can't afford it, that's up to them. It's not a matter of the county deciding. The county has said this is what it's going to cost, if you want to use it, use it. If you don't, don't. CHAIRMAN STRAIN: Well, I -- we have quite a few pages here to go through, and before I'm going to comment on the cost or anything, I would like to get answers to a lot of questions I have on the rest of the pages first. So let's move on to Mr. Schiffer, you're still on Page I? COMMISSIONER SCHIFFER: No, I'm sorry, Page 2. CHAIRMAN STRAIN: Page 2, Mr. Schiffer. COMMISSIONER SCHIFFER: Couple things. We're calling this an annual temporary permit. Why are we using the word temporary rather than just an annual permit? MS. FABACHER: Just to reinforce the fact that it can be -- it's something that can be revoked. You don't have a vested right in being able to have outdoor service areas. You can apply for the permit, but if you violate the rules of this ordinance or the noise ordinance then you can lose that right. COMMISSIONER SCHIFFER: Okay, because our -- MS. FABACHER: Temporary in that it's not for a long term, it's just annual. COMMISSIONER SCHIFFER: Right. But our noise ordinance did refer to annual permits as the ability to easier to yank an annual permit than anything. But we'll keep it that way. The applicability, this is to everybody who serves food. And obviously since you and Joe didn't agree on the Outback, I think we should really make that clear. Because there are seats that are out there. Page 10 1611* 6 1 Pepte4er 6, 2007 Violation, the special magistrate before code enforcement. And then that would be a -- it's a hearing that's prescribed in the LDC. MR. SCHMITT: Let me qualify that. Because Outback, I think it would be hard to say that's an outdoor serving area. That's something more done out of courtesy for those sitting and waiting. There's really no tables, it's more just people sitting. So I would -- that would be a stretch. I would probably say that would not require a permit, because it would not be a deemed an outdoor eating or drinking area, other than sometimes they'll serve a drink so you can -- while you're sitting and waiting. COMMISSIONER MURRAY: It's a hospitality matter. That's their forum. MR. SCHMITT: That probably would not fall under the regulation, I mean, that example -- COMMISSIONER MURRAY: But that would be one of the ambiguities that a code enforcement officer might run into in attempting to enforce that -- MR. SCHMITT: I think clearly if the outdoor seating area is defined and recognized as an outdoor seating area with tables and service would require the permit. That would not fall under the category of an outdoor serving area. CHAIRMAN STRAIN: And Joe, the way that might be looked at is tables that are counted for seating capacity for transportation purposes would be the ones that would be affected by this -- MR. SCHMITT: Maybe the best way to define that, yes. CHAIRMAN STRAIN: Let's take this section one page at a time so we all can be a little more organized, and let's look at Page 1, which is your introductory statements. Is there any questions on Page 1? Mr. Murray? COMMISSIONER MURRAY: Yeah, the reason I -- I struck the words promote a healthy relationship because I don't know what that really represents. I'm sure that it intends to mean something, but I don't know. Do you want to have a healthy relationship with somebody in the context of this? CHAIRMAN STRAIN: Well, this isn't -- that isn't part of the ordinance, that's strictly staffs introduction. COMMISSIONER MURRAY: I understand it's a reason, but I'm trying to understand what -- a relationship that's being developed that's healthy here. But okay, that's not part of the ordinance, you're right. CHAIRMAN STRAIN: Any other questions on Page 1? COMMISSIONER TUFF: I would like just for two things for clarity. That $300 then, everybody that would have tables or chairs or for people to wait or have a drink would be subject to that, so we're going to have 1,000 restaurants that would have to pay 300 bucks next year. COMMISSIONER SCHIFFER: Every year. MS. FABACHER: Well, I don't think it's 1,000. COMMISSIONER TUFF: Well, it's a large number, I know. I'm just curious, that's what it would do. And then if they had that one neighbor that complained, like for example, I think of like the Quality Inn, they've had that chickee but for 100 years, and there's that place they can't get, they go and pad the elevators and it hits that one unit on that apartment, and I think they may have bought the place and the problem went away. But if they had that person that complained, then they'd have to go in for a $4,000 charge to go say, hey, I want to have my renewal, even though I've been there for 30 years. MS. FABACHER: Well, not exactly, because there will be another intermediate step there in that the code officer is going to be able to either determine that it is a violation or investigate it and say I could find no evidence of violation, in which case no notice would be issued as far as, you know, nuisance complaints. COMMISSIONER TUFF: Is what I guess my biggest concern about this is I know the area where 161 kk Septem er 6,407 MS. FABACHER: The last time you saw it, what we had required was that everyone who needed a temporary use permit for outdoor serving area had to have an annual permit and they would have to go to the board, every single petitioner. This has been modified now to say that -- to ask you when you make your application that you provide your certification of zoning, which you have automatically as a business. And you also go to code and request a code violation history, which they have on their system and they can produce for us, which would be pretty much a nominal fee. If you have -- and it has to be within 30 days of your application date. If you have no violations, no violation history, then you can simply have it done administratively. You can have your pen-nit issued, you can have your permit transferred, you can have your permit renewed for this outdoor seating -- serving. If you do have -- if you come back and you do have a Notice of Violation either for a new permit, for renewal of a permit or even a transfer of a permit, then you're going to get essentially kicked to this conditional use process. So they would have to come before this body and then go to the BZA to be able to receive that -- And so the violation history will be purely on the noise ordinance, too. I mean, if you have weeds or things like that, that won't count. And also what we've done is given the county manager or designee but also the special magistrate through code enforcement who often hears -- that's why this stuff ends up before it ever gets here. So it gives that special magistrate in issues where it can't be resolved, problems can't be resolved, to go ahead and suspend that license. In which case you can then -- the applicant can appeal it or he can schedule a revocation hearing before the BCC, who then -- I mean, I'm sorry, before you and the BZA, who then decide whether to go ahead and give the permit or revoke it permanently. And then in another year they can come back and try again. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Does the history, the code history have -- does it contain the information if a code violation were issued but upon adjudication it was not followed through or, how shall I say it, the magistrate found in favor of the person who was cited rather than the county, is that history included in what is talked about, or is it just the act of simple citation? MS. FABACHER: No, it would be the full case. COMMISSIONER MURRAY: The full case. MS. FABACHER: Full case. COMMISSIONER MURRAY: And in the prior document, I thought I remembered it being the first 24 seats were exempted, now it's 100 percent. MS. FABACHER: We're not going by seating anymore, because this lets off all those businesses who just have seats for people waiting and they don't serve anything. It's when you have your seating and you're actually serving food or drinks that the problem generally arises. So that's what we're trying to do. So at all these other businesses that just have seating where people sit there, smoke a cigarette and wait for their table, they're not regulated. COMMISSIONER MURRAY: A place like Outback, if you go there, a waiter or waitress will come out and offer a drink while you're waiting -- MS. FABACHER: Well, then they would need the permit. COMMISSIONER MURRAY: They would have to go for a permit? MS. FABACHER: Yes. COMMISSIONER MURRAY: And if somebody -- if they were cited, they would then automatically go into limbo, pending whatever decision -- MS. FABACHER: Well, they would go to the special magistrate upon issuance of the Notice of NMI 16/1 � 2 September 6, 2007 CHAIRMAN STRAIN: On that basis, I think this is better than nothing at this point. If we can refine it as time goes on, through better input, we have that opportunity to come back at every single cycle and refine it if the staff feels that they've got better information. So maybe this is a good thing to get on the books, get it there to start with, and let's just go forward with that. Any other comments from anybody? COMMISSIONER SCHIFFER: Okay, so we're going to pass this stating that it's -- it has to meet the sound ordinance during its test mode? CHAIRMAN STRAIN: My suggestion would be we leave it like it's written with the exception of the changes we recommended them dropping those last verbages and adding the word permanent in front of generators like Catherine suggested, and that this go into place like it is. It meets the policy that's already been put in place by staff. And that as staff can find better ways to refine it through the future cycles, we get it done that way. It seems reasonable at this point. Anybody else? COMMISSIONER MURRAY: That's with deleting but are not subject to the provisions of? CHAIRMAN STRAIN: Right, yes. COMMISSIONER MURRAY: That's a good start. CHAIRMAN STRAIN: Is there a recommendation for approval of LDC Section 4.02.01, 4.02.03 and Tables 3 and 4? COMMISSIONER MURRAY: So moved. CHAIRMAN STRAIN: Mr. Murray made a recommendation to approve. Is there a second? COMMISSIONER MIDNEY: Second. CHAIRMAN STRAIN: Seconded by Mr. Midney. Is there any further discussion? (No response.) CHAIRMAN STRAIN: Hearing none, all those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER VIGLIOTTi: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? COMMISSIONER SCHIFFER: I'll be opposed. CHAIRMAN STRAIN: Okay. 8 to 1, motion carries. The next item on our agenda is the -- probably the most interesting one, is the outdoor seating. COMMISSIONER ADELSTEIN: Oh, boy. CHAIRMAN STRAIN: Mr. Schmitt, I know Ms. Murray was -- this was actually delayed a couple of times so she could be present. Is she intending to be here for this today or do we need to go to the other ones first? MS. FABACHER: No, no, she's entrusted me to explain the situation to you. CHAIRMAN STRAIN: Okay. MS. FABACHER: Okay? CHAIRMAN STRAIN: Sounds fine. Page 7 B 6eptember 6,.2007 to be using the generator that you've already said has to follow the noise ordinance. MS. FABACHER: Commissioner, what if we put -- just added permanent emergency generators. All permanent emergency generators must be equipped with sound attenuating devices to reduce noise. COMMISSIONER CARON: Period, yeah. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: The sound attenuating is, you know, options you can buy on the housing. And there's multiple options, too, so -- COMMISSIONER MURRAY: You've got to have a standard. COMMISSIONER SCHIFFER: What Mr. Murray is saying I think is kind of correct, you know, the most minimal one. But again, you know, I think different companies are going to have different ratings for their -- so unless we study carefully what's available on the market and set a standard -- CHAIRMAN STRAIN: Well, in a way we have. Because when it says all permanent generators must be equipped with sound attenuating housing to reduce noise, yet in the prior paragraph it says the sound levels should not exceed the Ordinance 90 -17 noise ordinance as amended, aren't we accomplishing that? Basically they can't exceed that noise ordinance. They better sound attenuate it to get to that point. And if they haven't, they got to. COMMISSIONER SCHIFFER: And that's only on the testing of it, or the exercising, as he called it. So the point is, you know, that it won't -- I don't think anyone's going to make that anyway. So what essentially this ordinance is saying that you have to buy a unit that meets our sound ordinance during the exercise period. And he showed us on those charts, which we don't have a copy of, that none of the units would. CHAIRMAN STRAIN: And so what we're thinking is that during the exercise period they're going to have this sound attenuation on it and then when there's a hurricane they're going to rip it all off because they don't have to have it -- COMMISSIONER SCHIFFER: I think even with the sound attenuation it won't meet our -- if it would meet our sound ordinance with attenuation then let's require -- you know, really study that and really put that in there, and then the guy next door doesn't have a problem. But standing on the property line three feet away from it, I don't think so. CHAIRMAN STRAIN: Catherine, was the gentleman's testimony, and I can't recall, that it wouldn't meet our standard decibel level of 65 or that it wouldn't meet the manufacturing and industrial level of 75? MS. FABACHER: Seventy -five. And the results were that in most cases they did, but there were excursions above -- it met it generally, but when you looked at, remember the octave bands he had, there were just certain -- COMMISSIONER MURRAY: Had to do with load. MS. FABACHER: Yes, yes. COMMISSIONER SCHIFFER: And again, we didn't get handouts or any data. My recollection was even during the test mode, which wasn't fully loaded, they weren't cutting it. CHAIRMAN STRAIN: Well, Brad, do you have any suggestions for better language? Can you think of any? COMMISSIONER SCHIFFER: No. I just fear the thing three feet off the property line. CHAIRMAN STRAIN: Well, I do, too. But I think if we don't have this they could still do something that could be worse. COMMISSIONER SCHIFFER: Right now we have anarchy, I guess, out there. MS. FABACHER: No, right now we have a staff clarification that the zoning director issued that pretty much follows this right here, except for the changes you're making now. '._- • 16114.: =44ptember 6, 2007 COMMISSIONER SCHIFFER: But I don't see that, because the rear setback for the building is going to be greater than this, this 10 feet. So back in the back yards the yards are open. The side yards are narrower than the rear yards. You probably have 50 foot between buildings. In the year, where you could have some of the things we approve here six feet between buildings. But let's say in the other conventional zonings you'd have maybe 10 to 15 -- or 15 feet between buildings. CHAIRMAN STRAIN: The farther back you go in the rear yard the closer you're going to be to your neighbor's rear yard, to his home -- COMMISSIONER SCHIFFER: Right -- CHAIRMAN STRAIN: -- that's what I'm saying. We should be looking at the opposite. We should want these nested closer to the units that they supply the power to be less impactful to the neighbors, not push them farther away from those units so that the neighbors get them closer to them. I would think we would want -- COMMISSIONER SCHIFFER: I mean, the rear setbacks are great. Not as great as the front, but they're certainly much greater than the side. I mean, when you put the thing three feet off the wall, this thing's three feet off the property line, probably. CHAIRMAN STRAIN: I agree, the sides are a problem, Brad. I have no doubt about that. But I don't want to make --I can't see making the rears a worse problem. Already --but that's just my thought. Commissioner Adelstein, you had a -- COMMISSIONER ADELSTEIN: Yes, the noise ordinance as amended makes very little sense. We have a situation here where we have a noise ordinance and we live with it. There's no subject to this that just because this is going to get a little loud or this is going to have a problem they should just be able to say oh, no, we're not going to use that ordinance right now. If it's there, and it is there, it stays there. How they're going to handle it and how they're going to fix it for themselves, that's up to them. But right now the people who are in their neighborhood would have a tremendous problem for no reason at all, or under the law that's now out -- that is now in their ordinance. CHAIRMAN STRAIN: Okay. Anybody else have any comments? Mr. Schiffer? COMMISSIONER SCHIFFER: Well, the testimony that the guy gave and the charts he showed would mean if we use the noise ordinance, then no system would work. I mean, the data he was giving us said that. So essentially you're saying if you don't allow the noise ordinance to be dropped during a state of emergency there's no generator that would work. CHAIRMAN STRAIN: Right. Ms. Caron? COMMISSIONER CARON: Just to get back to this whole business of the final line here, all generators must be equipped with sound attenuating housing to reduce noise but are not subject to the provisions during power outages. But in the sentence before, everybody has to do that and they have to follow the noise ordinance. So what you're really exempting in the last line are just portable generators, not the permanent ones who already have to follow this noise ordinance anyway, correct? CHAIRMAN STRAIN: No, this can't apply to portable generators, because you're talking about permanent fixtures. So portables are exempt from this particular -- COMMISSIONER CARON: Oh, I'm sorry, yeah, yeah. CHAIRMAN STRAIN: What I'm thinking, Catherine, if you just drop the word -- from the word "but" on in that last sentence, that would probably make it more palatable. COMMISSIONER CARON: Because they already have to be that way. We've required it in the sentence before. It's not suddenly going to go away just because we have a power outage, they're just going Page 5 y September T, 2007 times that we will be forced to sleep with our windows open for circulation and ventilation because our air conditioning generally won't run off most generators, unless you get a really good -sized one. So we really are setting it up so that we have the most noise during the worst times. And that has frustrated me from the beginning with this ordinance. I don't disagree we need an ordinance, I absolutely think we should. But I'm very uncomfortable with that part of it, and that's the comment I really wanted to make to you and see if you had any idea -- MS. FABACHER: Well, Commissioner, the thing was that I think our expert had recommended that we allow them to go almost all the way to the property line and the side yard. And that's one of the problems staff has. When you get that close, you know, to the neighbor -- we're trying to prevent you from getting closer to the neighbor. But your point about the times when it's going to be the noisiest, well, I think that Mr. McManus, who was here to speak to us, discussed the fact that the permanent generators won't be nearly as bad as the temporary diesel and gasoline generators that people will have and hook up anywhere and they can essentially put anywhere they want. That's going to be a lot louder than what we're regulating here. CHAIRMAN STRAIN: Are those regulated, those temporary -- those small ones, those noisy ones? They're no regulation on those at all? MS. FABACHER: Fire. You can't put them in the garage. COMMISSIONER SCHIFFER: I mean, that's not even a fire code, that's supposedly the intelligence of the person running it. But in multi- family it's 10 feet away from the building. And the other problem, Mark, is that this code is forcing them to be between the buildings, which essentially is a canyon of noise. And if the poor guy next to you has his window open, you're kind of making that side of the house unsleepable. MS. FABACHER: Excuse me, but Commissioners sometimes I think our expert said that just air conditioning condensers, which are allowed the three -foot encroachment, are often louder than this unit. COMMISSIONER SCHIFFER: He wasn't an expert on that. We could look at the -- well, but see, if the air conditioner is on, then obviously all our homes are air conditioned, my windows are closed and my neighbor's air conditioner is not the problem. That one guy with a generator, one guy not. The canyon effect of noise between buildings and this forcing it in the side setback kind of is a problem to me. CHAIRMAN STRAIN: Well, it's forcing it either in the side or rear. I know you're suggesting that we add the front as an allowable, but that still doesn't mean the side wouldn't be used. COMMISSIONER SCHIFFER: Right. Forget the front for now, because like you said, there would be a lot of other things that'd have to happen with that. Why are keeping it 10 feet off the rear? Maybe the best place for it is pushed far back to the rear setback. I mean, what's the 10 feet for? MS. FABACHER: I just think it's separation of properties and trying to protect again from the noise, not being right on the fenceline. COMMISSIONER SCHIFFER: I think, you know, that wouldn't put it as close as we're putting it on the side setback. MS. FABACHER: So what would your recommendation be, that it go anywhere in the rear? COMMISSIONER SCHIFFER: I mean, the logical place where it might be way off in the rear corner and have everybody put it there. CHAIRMAN STRAIN: But see that -- in my perspective that's the most illogical. Because what you're doing then now is taking your convenience and making it most inconvenient for your neighbor by putting it as close to them as possible. Actually, if you want the convenience of a generator and the noise that it generates, that disruption ought to be yours to deal with and less on your neighbor. So your philosophy would push it more on your neighbors, not less. MOM ,"September 6, 2007 MS. FABACHER: No, we changed it. We changed it to 30 minutes every week, no more than 30 minutes a week. It used to be an hour biweekly. And then the times were earlier in the day, and it was recommended that we change the times from 9:00 to 5:00 when most people are at work to reduce the nuisance. COMMISSIONER SCHIFFER: Okay. But the testimony we had, wasn't there more things we wanted to look into? For example, why aren't we looking into the front setback? MS. FABACHER: We can -- you can pass it with that recommendation, but staff has concerns about, A, you can't really buffer it that well because of the fire problem of having hedges around it. And also I think that we discussed at our last meeting the fact that there would be deed restrictions in a lot of subdivisions. So I know that we don't -- the county doesn't enforce it, but we're trying to help these people out, and putting it in the front yard when their deed restrictions or the subdivision homeowners association won't allow it isn't going to help them. COMMISSIONER SCHIFFER: Right. But that just means those people wouldn't have that opportunity. That's not our domain. And then the other problem was the rear setback being required to be 10 feet, yet what do you achieve from that? There's essentially nobody in the rear of the house. I'd just like to see -- you know, we had testimony, we had a fellow come in here, talk about stuff. I'd like to see some of that stuff incorporated. MS. FABACHER: Well, we did. His recommendation was to change the hours. Two of his recommendations were effected in here. COMMISSIONER SCHIFFER: So essentially we're putting them in the side setbacks still? MS. FABACHER: And the rear, if you can't get within 36 -- if a 36 -inch encroachment into the side setback won't give you enough room, then you'll need to go to the rear. CHAIRMAN STRAIN: Any other questions, Brad? COMMISSIONER SCHIFFER: No, just disappointment. CHAIRMAN STRAIN: Comments from anybody else? Mr. Schmitt? MR. SCHMITT: Just to highlight from what Mr. Schiffer spoke about, the issue here is I've got to correct an -- I'm creating an amendment that can be used across the county. If I put that kind of wording in and say it has to be in the front yard, I'm going to eliminate a preponderance of the homes in the county -- COMMISSIONER SCHIFFER: But Joe, no one ever said it has to be. Right now it's prohibited from being. In other words, there might be an opportunity. But we didn't study it, we didn't study it. I mean, I don't think I ever wanted it to be have to be in the front yard, it's just an option that would have been available. CHAIRMAN STRAIN: I'm not sure the circumstances under which that option would be available could be written here today, because you certainly would want to make sure if it ever was in the front yard there were additional protections for the neighborhood. I don't know if we could do that today. Maybe that's something, Brad, if the BCC feels that's an option that should be explored, they can make a recommendation for the next cycle to look at that further. Might be a solution to your concern. Any other comments? (No response.) CHAIRMAN STRAIN: Catherine, I still have a concern over the noise. I think it's ironic that the -- we're going to abide by the noise ordinance except the times during power outages when these are run the most. So when the times are not run the most, they have to abide by a noise ordinance, but when they are run the most they really don't have to be. And the times when they are not run the most most likely are the Page 3 Q 1 i 16 �eA4 6, 2007 CHAIRMAN STRAIN: Okay, so it will beat 11:13 we'll reconvene. (A recess was taken.) CHAIRMAN STRAIN: Welcome back. We are now in a new meeting. We'll reopen the LDC cycle one meeting that was continued from the last time, and I can't remember when it was, there were so many. MS. FABACHER: August 16th. CHAIRMAN STRAIN: August 16th? Thank you. Hopefully this will be the final continuance. And we'll start off -- I'd like to go in order that you have on the agenda, if that's okay, Catherine? MS. FABACHER: That's fine. CHAIRMAN STRAIN: Okay. And the first one we'll be starting off with is emergency generators. New language was sent to us all. Catherine, did you want to tell us, have there been any changes in regards to -- MS. FABACHER: Actually, Commissioner, we're kind of left with the old language, because staff hadn't really determined whether it wanted to recommend the generators go in the front yard. That was one of the things we were left with. But staff thinks that it's the best solution. Sideyard, three -foot encroachment into the setback. If you can't do that, then you'll need to go to the back with your permanent emergency generator installation. CHAIRMAN STRAIN: Okay, we've got the language in front of us. Is there any questions from the planning commission -- COMMISSIONER MURRAY: I do. CHAIRMAN STRAIN: -- with regards to this? COMMISSIONER MURRAY: I have. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: On Page 2 under 13, at the very end it says, all generators must be equipped with sound attenuating housing to reduce noise. Okay. When you think about the half -hour exercise period ought to be reduced -- the noise ought to be reduced as much as possible, we don't bother putting a number, maximum number for control? We realize during emergencies that's not an issue, but during that process should we not try to minimize the noise? If we're requiring sound attenuating, we ought to have some kind of a standard we associate with it, I think. MS. FABACHER: Well, I believe we still have it in here. Shall not exceed the sound levels for manufacturing and industrial uses at 75 dba decibels, A- weighted decibels. COMMISSIONER MURRAY: I grant you that's true initially when it's purchased, but as it degrades over time due to the elements, that you could have somebody with a muffler that needed to be replaced and wasn't, and -- you know. I mean -- MS. FABACHER: Well, you recall that that would cover this, if it was during the exercising cycle and somebody complained, then we could send code out there. But remember, when we looked at those sound measurements that half the time they really couldn't attain that level. COMMISSIONER MURRAY: I recognize that. And I'm not arguing with you, I'm arguing with in favor of a little more stringent statement. But if this works, that's fine. I just think that it could be a problem. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And Mark, just understand, this is our third meeting for this, correct? CHAIRMAN STRAIN: Probably. COMMISSIONER SCHIFFER: And -- but this is the exact same document we've had all along, right? Page 2 16l� TRANSCRIPT OF THE LDC MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida September 6, 2007 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 11:05 in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: ALSO PRESENT: Joseph Schmitt, Community Dev. & Env. Services Catherine Fabacher, LDC Coordinator Ray Bellows, Zoning & Land Dev. Review Jeffrey Klatzkow, Assistant County Attorney Marjorie Student- Stirling, Assistant County Attorney _,w ��ptember 6, 2007 Mark Strain Lindy Adelstein Donna Reed Caron Tor Kolflat Paul Midney Robert Murray Brad Schiffer Russell Tuff Robert Vigliotti CHAIRMAN STRAIN: Now, we will reconvene for the first cycle review of the Land Development Code meeting that we started a couple of months ago and we've continued to today. This is a remainder of seven elements that were part of the LDC cycle one. Actually, there were six: Emergency generators, outdoor seating, lot width measurement, deadline to file final plat, cross - reference the above items and then flow chart for type three applications. MR. SCHMITT: Mr. Chairman, I just need to take an administrative moment here. We have your books for the hearing in two weeks and we're going to attempt to hand them out, or just leave them here for you to pick up. CHAIRMAN STRAIN: Let's just break for five minutes so you can get everything handed out, get that done. The rest of the members can find all their paperwork for this next round and we'll start right back UP. MR. SCHMITT: This is your school concurrency read - ahead. Page 1 1611 �6 Septem4r 6, 2007 There being no further business for the good of the County, the meeting was adjourned by Order of the Chair at 11:07 a.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, Chairman Page 42 16 11 ij I Si4ember 6, 2007 had ample time to read the materials. CHAIRMAN STRAIN: Well, I do -- MR. COHEN: But your point is well taken. CHAIRMAN STRAIN: My point is being made for one thing, and it's for the rest of the panel members in reviewing these documents and are these kind of issues that we will need to rely upon in our review of those documents. And if the reliance is not going to be there we need to understand that when we analyze the documents and come forward with our critique on the 20th. That's kind of where I was trying to MR. COHEN: Mr. Chairman, your point is that when the CIE is formally adopted every year, which would be -- normally it's going to be in the spring, it has to be before December 1 st, but we'll have like a spring adoption, normally, because of the way our AUIR process goes. They will have already completed their review in October. So we have that disconnect of you going through a process. And as far as not seeing that as part of the AUIR, the question then becomes when you see the AUIR and the CIE, it's not there. So that point is one of the ones that we need to discuss on the 20th. CHAIRMAN STRAIN: And disconnects cost somebody money, so let's just make sure we figure that out too in the process on the 20th. One more question, Amy. CSAs, are they -- in your document, will you be defining how those are regulated and the way they're formed and how they're formed? MS. TAYLOR: Yes. There is in the public schools facility element a way in which that they are incorporated through the support documentation, the way in which that they can be modified and who can do that and who's to approve, and so on, so forth. CHAIRMAN STRAIN: Thank you. Any other questions of Amy? (No response.) CHAIRMAN STRAIN: Well, we'll look forward to some I'm sure enlightening reading. MS. TAYLOR: Yes, there's a lot. CHAIRMAN STRAIN: Yes. Thank you. Okay, and with that, we were finished with new business. Public comment on this part of today's meeting. Discussion of the addenda. With that, we'll look for a motion to adjourn this meeting so we can hang around and reopen a new one. COMMISSIONER MIDNEY: I so move to adjourn this meeting. CHAIRMAN STRAIN: Motion made to adjourn. All in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER VIGLIOTTL Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Motion carries. The meeting is adjourned. Page 41 TT, 16 1 September 6, 2007 getting your documentation in a few weeks to go along with the AUIR. MR. COHEN: Mr. Chairman? CHAIRMAN STRAIN: Yes. MR. COHEN: It's probably a time to address it. Our fiscal year with respect to capital improvements and the county's fiscal year with respect to capital improvements is different. They're required to adopt their CIE in conjunction with your budget by October 1 st, wherein you're just getting your AUIR. So there's a disconnect that's there. CHAIRMAN STRAIN: That's why I asked the question. MR. COHEN: Okay. So in answering that question, and that's an issue that you'll see on the 20th as well, too. And there's no reason to get into it right now, but that is one of the disconnects. MS. TAYLOR: And we're always going to -- I think Chuck, he's part of -- Chuck Mohlke is part of our group. He brought up a very good point, that we're always kind of a year behind you. And in a sense it's a good thing, in that we're responsive to your plans, your projections, particularly is what we have used in the development of -- as a component of understanding what our projections would be for students. We also have a very strict regulated way in which we develop our capital plan. I think probably other service providers would be envious of this because we are actually required and can take the official what they call October FTE, full -time equivalent student count. And then that is used to update our capital plan. That is an official count that is required by the state. So we take it through a process -- our AUIR, similar, starts then and takes a full year before adopting. So we're at the early stages of our establishing -- having established this relationship. We're going to be kind of working that, kind of getting that in sync. CHAIRMAN STRAIN: Well, is it --just so when we read your document, is it being read under the understanding that this panel will be one of the panels that you will be presenting your AUIR to? Now, it may be off - skewed from the rest of the county, but are we going to have then a separate AUIR hearing on the school board element each year in which you're going to produce your AUIR needs, which would also have your costs and projected capital improvement plans and all the rest of it? MS. TAYLOR: It is clear in state statute, and it's a way in which we can -- that we approve our capital plan, because we are responsible for making sure that we deliver those services. So that relationship that you have with your staff in terms of your public facilities are going to be different than the relationship that you would have with the school board and its purposes and approving its capital plan. However, at the level that we work with the county in determining the public facility needs, there's going to be very -- as you attended, I noticed, our land acquisition committee, the counties and the cities are invited and attend those. The AUIR is a wonderful thing so that we can -- we behind the scenes collect all your information and figure out what you're doing and try to locate our schools there. This way there's going to be joint ways in which we are coordinating with each other. In terms of approving our capital plan, our school board does that, and it's very, very clear that that is maintained to make sure that we are meeting our services, meeting our students' needs. CHAIRMAN STRAIN: Well, it doesn't sound then like we're going to be reviewing your AUIR. It sounds like that's done by you guys, you review it to try to be consistent with what the county develops. MS. TAYLOR: Yes. MR. COHEN: Mr. Chairman, and I don t really want to get into any in -depth discussion with respect to this now, this is another area of disconnect and an area that there's some disagreement. And it's probably more appropriate to discuss it on the 20th. But your point is well taken. And I think when you get your booklets and you read through them, you'll understand that a little bit more and you'll see why that question comes on up and how that disconnect exists. And I think it would be more appropriate for us to address it on the 20th when you've MEMO ptember 6, 2007 capacity is pretty much how we operate. So that there could be a predictability for and a way in which this could be managed over time. Because if your capacities are constantly shifting, you're going to have an issue. The process --again, I'll just quickly go through this. You are so familiar with amending your comprehensive plan through the transmittal hearings and through adoption phases. The DCA, as it does commonly, has published when districts and local governments are required to submit for public school -- for the public school concurrency. Ours is March 1st, 2008. So that's why we're beginning here with an overview for you. And September 20th you will be hearing these to consider for transmittal or recommendation to your Board of County Commissioners for a transmittal to the Department of Community Affairs. The school board's role is to -- and your role with them is to, at the time at which they come back, we get our ORC report, we look, we see if there is any recommendations or objections or comments that we need to address jointly. Then at that point we make those adjustments and then the role between the school board and the local governments is to then enter into a final interlocal agreement. So around the January/February time frame that's going to be part of the discussion, is this an interlocal agreement. Which is what binds everyone together. We are very, very excited about being a part of the whole review process in being understood as a public facility provider. And not just merely as a developer and its impact surrounding the school. Just as you have your roads, your water and sewer, your parks, we are going to be part of that family in providing -- in having a direct link and understanding of the impact of residential development approvals onto not just your road system, not just your water and sewer, but also on the ability to provide public schools at a specific level of service. So we are excited and appreciate the opportunity, and we look forward to giving you a full presentation with a -- we have -- as you may have been updated, we have hired a firm, their name is Kimley Hom, and they have a -- they're the chief lead firm. They have a lot of experience with school concurrency. Many of them were part of Palm Beach, who is the only school district that took up the option for school concurrency back, I believe, in 1995. It was an option at that point. And they also were selected. And members of the team were selected. Other members of the team met with other fines, were selected to develop and work with pilot communities, so -- that were first required to build these documents and policies for school concurrency. So they have quite a bit of experience. And we look forward to having you hear them and get more detail about what we're proposing here for transmittal. And any questions, I'd be happy to try and answer at this point. CHAIRMAN STRAIN: Thank you, Amy. Are there any questions about Amy's presentation? (No response.) CHAIRMAN STRAIN: Amy, will you be joining your new family on the CAUIR review in October? MS. TAYLOR: If they invite me, I'd be happy to come. CHAIRMAN STRAIN: Well, it's a yearly review, and if you're an element of the CIE, which I understand you're going to be -- MS. TAYLOR: Yes. CHAIRMAN STRAIN: -- then you are intending that the CCPC and the Board of County Commissioners then review your facilities plans through the AUIR process? MS. TAYLOR: Yes. CHAIRMAN STRAIN: Okay, then maybe staff when we finish can tell us if we're going to be Page 39 Septe ►der 6, 2007 And I wanted to bring this up because you will see these in your documents that you'll be getting in the data analysis. We had decided because of our really good coordination efforts with the county before, and our understanding of your measurements of population, and also our understanding of our own challenges, to go with basing our concurrency service areas on traffic analysis zones. It is a configuration of school -- a combination of school -- multiple school boundaries at the elementary, middle and high separate CSA's. You have to measure each of those impacts. And it is a -- it has sometimes up to two and three schools within each CSA. But it will be based on and tracked through this mechanism that is very understandable and clear for population and dwelling unit data and its impact on student growth. The other part of concurrency service areas that it is going to be very challenging, to say the least, is that part of the statute requires that when a development proposal comes in, that when they look at the concurrency service area, and let's just say there is not capacity planned in that service area within our district's five -year capital plan, then they can look to the adjacent service area and see if there's capacity there. This can be a problem in isolated areas, and we've talked about this with Everglades City, where you could have development proposals coming in for -- in South Naples area and Marco Island and so forth that could get approved even if -- and this is just -- even if there was not capacity in those schools within that concurrency service area. So what -- we had a lot of discussions with DCA on this. And they allow concurrency service areas without schools in them. And they are really, for lack of a better term or a statutory term, they are buffer concurrency service areas to try to address that problem of distance -- and a situation like you would have for like a lake in between or disconnectivity with roads and so forth. So many districts are using a ghost or buffer concurrency service area, and that's what we've done in some of the areas in the county where there are state lands that surround Everglades City, for example, to address adjacency. Otherwise, we're very, very -- we haven't really been too concerned about this adjacency issue. We have to -- you know, we have to respond regardless and provide the space. The other issue is level of service. You will see through our data analysis that we determined we can meet a level of service for our elementary schools at a 95 percent level of service. In our middle and high schools it would be 100 percent level of service that we can achieve within a five -year period of time. You will see all these, you'll have the data analysis to show you how this was determined. Level of service is an interesting measurement for school districts. We have a state required mechanism or method to -- that they determine through the size of the classroom, through the class size, which you ve probably heard about the class size reduction amendment that we went through, that so many -- this school with this many classrooms is supposed to fit this many students. That is called FISH capacity, or Florida Inventory of School Houses capacity, determined by the State of Florida. There are some school districts that have chosen to go with what they call program capacity. We decided not to go in that direction. Program capacity, very briefly, is if you had a -- you would -- in many cases with program capacity you have a smaller capacity of that school than the FISH capacity, the permanent FISH capacity. And that is because you have special programs like special students, second language, various other programs where the classes are not 18 students, they are 10 students. It is unpredictable as programs change, as school boards determine how they're going to meet these special needs. These can shift and change from year to year and would be very difficult for a developer to count on. You know, these shifting -- these shifting needs or capacity of the school. So we decided early on to go with FISH capacity with the understanding that, you know, program Page 38 1 eptember 6, 2007 that establish what will be in these new elements -- actually, a new element for the county, the same element for the cities, Naples, Everglades and Marco Island. That brings us to the changes that need to be made based on state statute to your comprehensive plan and the comprehensive plans of the cities. There will be a new -- and you'll be able to review it once you get the package of materials -- a new public schools facilities element. The basic premise is -- and you'll see this in the state statutes in 9 -J -5 and so forth -- is that the public school facilities element has to, and the interlocal agreement supports this, has to establish a uniformed school system. And what that means is we could not have a different level of service for the City of Naples or county. We're going to have, you know, 85 percent filling of our schools in the county versus in Everglades City we're going to, you know, fill it to 100 percent. We can't have that. So it has to be a uniformed -- we have to be able to deliver services uniformly, regardless of jurisdictional boundaries. But that's established. So the public schools facility element will include those policies to establish school concurrency and provide policies that are also reflected in our interlocal agreement in regard to coordinating with each other. The capital improvement element will also be amended to include policies of how our capital plans -- the school districts remain in control of their capital plan, remain responsible for ensuring that there is student space for every child that enters its system. But there is, again, establishing a relationship with our capital plans. Also in the inter - governmental coordination element, there are requirements to establish, again reflecting this relationship of coordinating with each other, that has been just in an interlocal agreement up to this point. I wanted to go over each of the components starting with the data and analysis that is required that would be support documentation to the public schools facility element. The data analysis includes our capital plan, which is updated annually and will be updated annually through the processes of submitting that to the county and the cities every year. It includes in this case to establish concurrency, and this can be modified as we evaluate from year to year, a student generation rate for different housing types. And it's a district wide student generation rate. And the basic components of that were the housing data from the property appraiser and our own student data that we have geocoded through a geographic information system. So there was a good ability to be able to match that real well. It also, through an analysis of our capital plan and how we're currently delivering services and have delivered services has helped us in establishing a level of service and what are -- and you're probably familiar with this with your own concurrency, what our concurrency service areas ought to be. And in coordination with the county and the cities, we have -- we've been meeting since January on these things. We have established concurrency service areas. The state has given districts and local governments two options: You can either have a district -wide concurrency service area, or you can break it up into smaller concurrency service areas. We evaluate at the district level, and most school districts are not going this way. And actually, they do have to change it within a five -year period of time to go to smaller concurrency service areas. So many of them evaluate it pretty quickly and determine that from a geographic standpoint you would just be approving -- you would have capacity in various places and you -- for example, with Everglades City we have plenty of capacity. You would be approving development somewhere in a very distant part of the county because you had capacity in one particular school or another at a given point in time. So we decided very early on to look at concurrency service areas. Page 37 p i Vl� 4 September 6, 7- concurrency. Amy Taylor will present the overview, as well as answer any questions that you may have. The purpose of this overview is to provide the commission with a general understanding of the statutory requirements for school concurrency. This will assist in the preparation of the -- in your preparation of the September 20th hearing, the GMP transmittal hearings on school concurrency. Today staff will provide you with a binder, and this will include all of the review materials for September 20th. Within this binder you'll also find support documents such as 9 -J -5, the Florida Administrative Code. With all that said, I'd like to turn the microphone over to Amy Taylor, unless you have some questions. CHAIRMAN STRAIN: I have one, Michelle. The school system is proposing some of the language, staff has reviewed some of the language. Amy is going to make a presentation. Have you and her concurred on her presentation? Are we hearing a presentation that is agreed to and the conclusions accepted by county staff, or is that something that's going to be coming out of a report? Because I know this is a concurrency issue that involves the GMP, and our county staff has always been the ones that have written and provided us with the GMP information. So I want to make sure that you all are coordinated on this. Is that what's going to be coming forward? MS. MOSCA: Well, today's meeting again will just be an overview. Amy Taylor will go through the statutory requirements for school concurrency. And again, it will be a general overview. And we are in agreement of what the statutory requirements are in terms of what is needed, an interlocal agreement and so forth, to establish and implement the school concurrency program. At the September 20th meeting the commission will be provided with a more in -depth presentation by the school district's consultant. And you'll also have an opportunity to discuss all of the related growth management plan amendments to the capital improvement element, as well as the ISE and the interlocal agreement. CHAIRMAN STRAIN: Thank you, Michelle. MS. MOSCA: You're welcome. MS. TAYLOR: Still morning. Good morning. I'm Amy Taylor, Collier County School District. And I just wanted to briefly go over what you can anticipate reviewing. We have it of course in this binder. This is -- a school concurrency is a -- what has always been with local governments, an option. And it would be as part of your comprehensive plan, an element to your comprehensive plan. And that is a component that you will have. Just to backtrack a little bit to provide you with some history, the school district and the county and the cities have been working together probably since -- in a more formalized manner through interlocal agreement since May, 2003. If you recall, there was an interlocal agreement, not on site plan review, that's a whole different situation, but on coordinating with each other, sharing data. We're getting data from the county on your developments, on your population projections and so forth. And we respond to that and have responded to it through all capital planning processes that are required of us by the state, and also maintain an ability to provide classroom space for residential development. And it has been a very, very good relationship in that standpoint. What is this next step is to -- and how this will relate to the county, the cities and the school district forming a partnership is the first component of these new requirements, and that is interlocal agreement. This interlocal agreement on planning and coordinating with each other will be expanded to include school concurrency. It will establish -- this is the role that the school district has outlined, or the policies that are outlined Page 36 September 6, 2007 recommendation or do we just make our comments like we have and then -- MS. STUDENT - STIRLING: Well, it would go forward with a recommendation to the board to transmit, and then your comments should be taken care of by the time we get to the board. CHAIRMAN STRAIN: Is there a recommendation to move this to the Board of County Commissioners with a recommendation to transmit, subject to the comments we've made? COMMISSIONER MIDNEY: So moved. CHAIRMAN STRAIN: Mr. Midney made the motion. Is there a second? COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: Mr. Murray made the second -- COMMISSIONER ADELSTEIN: Could I hear the motion, please? CHAIRMAN STRAIN: Motion was to submit this to the Board of County Commissioners with a recommendation to transmit, subject to the comments that we have supplied. COMMISSIONER ADELSTEIN: Good. CHAIRMAN STRAIN: Okay. Any discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER VIGLIOTTL• Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Thank you very much, Phil, we appreciate it. And thank you, Carolina. That certainly was an interesting discussion. Item #9 OLD BUSINESS And now old business. Does anybody have any issues in old business they'd like to bring up? (No response.) Item #10 NEW BUSINESS CHAIRMAN STRAIN: If not, our new business is the school concurrency overview presentation. And Michelle Mosca I believe is providing us with that. And I see Amy Taylor is in the audience as well. MS. MOSCA: Yes, good morning, Mr. Chairman, Commissioners. For the record, my name is Michelle Mosca with the Comprehensive Planning Department. Today the school district staff is here to provide an overview to the commission on school Page 35 ? 2tember 6, 2007 Any other questions on Section 7? (No response.) CHAIRMAN STRAIN: How about Section 8? (No response.) CHAIRMAN STRAIN: Well, if you turn to the last couple of pages of the long tables before the appendix in Section 8, Phil, not due to any fault of yours, but you've had to say the following: Intentionally left blank, awaiting response to request from Immokalee. Same for Orangetree and the same for AMU. MR. GRAMATGES: That's correct. CHAIRMAN STRAIN: I think that's a good way to do it. I think it points out that you've got not gotten the information. And I don't know how DCA could approve something without the information that's needed to approve it. Of course I'm wondering what you're going to ask us to approve now. But anyway, that's the end of the document. Are there any other document -wide comments that need to be made? (No response.) CHAIRMAN STRAIN: We've gone through this whole thing in detail, Phil. I think we've provided you with some information. 1 made four notes of items that may need to be further discussed before it comes back for adoption, and you may want to look at them in your response going forward to the board. And anybody on the panel, when I get done, please comment. This is supposed to be a nine- member suggestion. So the first one is that we had talked about the who are we reporting for. We need to find legal basis as to why we are reporting for more than just Collier County and how that is consistent with the language in our GMP that references Collier County operations. So that's a legal issue that needs to be resolved. And at the same time we need to resolve the issue that Carolina brought up concerning the standardization of the demand capacity. I think you said 185 was required by South Florida. That needs to be either verified and incorporated or changed or modified, whatever the outcome of that study is. We also have some systems operating at a deficiency, which means they're non - feasible. And the report was supposed to be written to tell DCA on how we're going to attain feasibility. And I don't see that as an outcome unless we get the input from those other sources as to why they're not -- first of all, acknowledging they aren't feasible. If we have to go to the 185, they're even more non - feasible. And then what they're going to do so we can tell DCA the exact answer that we're supposed to be providing them with. So I think that's an important component that's not in here. Then the last thing, I think Mr. Midney and Ms. Caron have touched on it a couple of different times, it's the conservation measures. We've incorporated quite a few, but it really hasn't seemed to help our daily demand. And we have an inconsistency with what other facilities seem to think their daily demand is. And if the South Florida Water Supply Plan allows for a daily demand that isn't fixed at 185 and we can show through conservation that -- we can look at other conservation measures, I think a report like this ought to suggest those. And if it means -- I don't know what it would mean. If it means more ASR, if it means more whatever, I think that would be a goal we ought to suggest to DCA in regards to response to the feasibility of this plan for better reduction and demand. So those are my four comments. And I don't know if the panel agrees with them, disagrees or wants to supplement them. Anybody have any comments? COMMISSIONER MURRAY: They're good comments. CHAIRMAN STRAIN: This is a transmittal, Margie, does this go forward with a formal Page 34 l.d September 6, 2007 mine is in the right order. MS. VALERA: I'll fix mine. CHAIRMAN STRAIN: Is that it, Ms. Caron? COMMISSIONER CARON: Yeah, I just wanted to make that comment before we got into the rest of Seven. CHAIRMAN STRAIN: I started reading it and it was reading out of -- it's going to take a minute or two to repunch it. Any other questions on Section 7? Mr. Midney? COMMISSIONER MIDNEY: It looks like Page 7 -3, and it's Section 7.2, Immokalee water and sewer district. There's a reference there that the applicant has stated they will request that the City of Immokalee enact any required ordinances. There is no such thing as the City of Immokalee. CHAIRMAN STRAIN: Is it Barron Collier, then, or Barron County? COMMISSIONER MIDNEY: I don't know what they're talking about. Immokalee is unincorporated. COMMISSIONER MURRAY: Thomasville. MR. GRAMATGES: We will look at that and we will use the right terminology. CHAIRMAN STRAIN: While you're at it then, on 7 -4, 7.3 on Golden Gate, there is no City of Golden Gate on the last paragraph there as well. MR. GRAMATGES: Oh, okay. CHAIRMAN STRAIN: Any other questions on Section 7? (No response.) CHAIRMAN STRAIN: On the top of Page 7 -5, Phil, the second paragraph, it talks about the Golden Gate utility. It says that the leak detection program will be started for 2003 -4, Fiscal Year October, 2003. You might want to put that into more of a past tense, because I hope it was started. MR. GRAMATGES: Yeah, it was to be started. CHAIRMAN STRAIN: Or can you confirm that it was or was not, through information? And if you can't, I would rather than say it was to be started, I would add to it that we cannot confirm whether this was started because we're lacking information from the utility. MR. GRAMATGES: Yeah, that's the way to go, yeah. COMMISSIONER MURRAY: That's right. CHAIRMAN STRAIN: Under 7 -6, Page 7 -6, it's Ave Maria 7.5. And it starts out, the conservation plan implemented by AMUC is described in the utilities consumptive use permit as follows. It seems to read that it was implemented, but then by the way it's written it seems to read as though it was just described in a permit. Does anybody verify that they implemented the standards on that page that were part of that permit? MR. GRAMATGES: I can't answer that, no. I do know that we have indeed had conversations with Ave Maria and they have confirmed that in general terms they are following the requirements of the permit. As to this specific instance, I don't know. All I can tell you is that the language you see here was lifted right out of the consumptive use permit. CHAIRMAN STRAIN: Well, each one of the paragraphs references the word will. It says one of the conservated town (sic) will pursue. I would rather that you could be more positive, the town has pursued. Because if they have implemented them that's a benefit to that community and to the county and to your report. And if you can't find that information, I would say we have no idea if the county pursued this as they said they would in their permit. And again, that may get you a better response from DCA. Page 33 0 1 1 Se4ptem?er 6, 2007 And the county attorney's office may want to comment -- CHAIRMAN STRAIN: It does give the county attorney's office something to do at this point. MS. STUDENT - STIRLING: We can look into -- MR. KLATZKOW: You want your report to be right. CHAIRMAN STRAIN: That's what we're trying to get to. MR. KLATZKOW: I mean, that's really the bottom line. And, you know, really, if you're not getting good information, tell them we're not getting good information, and be up front with it. CHAIRMAN STRAIN: I would much rather see DCA add to our -- come basically behind us as the 800 -pound gorilla to make these other places give us the better information on time, as it should be, if we're having trouble getting it. And that's all I'm suggesting is we play a little harder with the way we've written this thing. MR. GRAMATGES: Sure. CHAIRMAN STRAIN: That's just a comment. MR. GRAMATGES: Noted. All I can say is that we did what we could to get the information that we have. Now I can't say that the information is suspect. I mean, I have to assume that the information is correct. All I can tell you is that it is incomplete, because we requested information we didn't receive. As I said before, I personally visited the more recalcitrant of these four and I got stopped at the door. So its not like they were willing to come out and help. CHAIRMAN STRAIN: I have no doubt that your department has been aggressive as you can be in trying to get it peacefully. I think now maybe you need a little bit of assistance. And if that can be provided by the way you write the report to get a better reaction from DCA to demand more, that might help you. MR. GRAMATGES: I understand. CHAIRMAN STRAIN: Okay, Section 4 we're past. Section 5 is a 30 -page section. Does anybody have any questions on Section 5? It's the planned water supply facilities. (No response.) CHAIRMAN STRAIN: Phil, if the daily demand decreased, your planned facilities would then change; is that correct? MR. GRAMATGES: Well, of course. The AUIR that you will see shortly will show that we are proposing to modify the CIE to accommodate the decrease in population. So yes, indeed. CHAIRMAN STRAIN: Good. Thank you. Anything else on Section 5? If not, we'll move to Section 6. (No response.) CHAIRMAN STRAIN: Section 6 is a short five or six pages. Any questions on Section 6? (No response.) CHAIRMAN STRAIN: Section 7, conservation, regulation and practices. Any questions on Section 7? Ms. Caron? COMMISSIONER CARON: Well, first I just want to say that before this goes to the county commission and/or to DCA, you're going to want to have it reprinted, because Section 7 is out of order. Here it reads backwards. CHAIRMAN STRAIN: Well, actually, no, they punched it out of order and they flipped it. I went back and repunched it and put it back in order. So you might want to reorganize those last few pages. They're all there -- COMMISSIONER CARON: They're all there, yes. MR. GRAMATGES: Oh, okay. I'm sorry. The version I'm looking at is the one I provided, so Page 32 September 6, 2007 CHAIRMAN STRAIN: Nor should I. COMMISSIONER CARON: No, I mean feel bad about going back -- I think we have to repeat -- CHAIRMAN STRAIN: Well, Phil, I'm real concerned that we have a footnote that says this is based on a preliminary design report in June, 2004 but we're telling DCA it's a summary of existing. Is there some way we could -- MR. GRAMATGES: We certainly can look, yes. CHAIRMAN STRAIN: That also occurs on Table 4 -24 and on Table 4- -- well, no, those two tables. 4 -25 seems to be fairly updated. But those two tables talk about reports that were done in '04, so they don't seem to be existing situations. And if we're not pulling that much water out of the ground as a county, I think we may not want to be saying that to DCA. Okay, any other questions on Section 4? Mr. Tuff? Oh, by the way, let the record reflect Mr. Tuff came just in time for the break. COMMISSIONER TUFF: When you all get my age, you'll do the same. CHAIRMAN STRAIN: Mr. Tuff, you need to bring your microphone -- COMMISSIONER TUFF: Just on 4 -19, just on the FGUA at the very bottom table, I know that FGUA's has had some problems with capacity and they were going to put up things -- put in a deep well to take care of the things. But they're showing that their raw requirements are 2.42 and their design capacity at 2.09, and I don't -- I know you don't control that, but I don't think anybody does or monitors or watches them and I think they're -- you know, they're put in -- the thing's put in the deep well and they pulled out and didn't do that, and I think they're in trouble. And I don't know how to -- what do we do then? MR. GRAMATGES: I know that our utility doesn't control them. CDES may have some oversight responsibility over them. COMMISSIONER TUFF: Should we be really alarmed about that, then? That's a big number. MR. GRAMATGES: Well, I mean, we're concerned about any of the numbers that we didn't indeed receive and the fact that these numbers are not confirmed by us directly. So obviously all we're doing is -- all this is hearsay. So we have concerns about that. But there's nothing we can do about it, unfortunately. CHAIRMAN STRAIN: Phil, I -- and I heard Mr. Murray say it under his breath, and he was probably -- I hope you don't mind me bringing it up, but you're right, he said structure the report differently. In those facilities where we have concerns about the validity of the documentation, shouldn't we make that real clear to DCA? I mean, should we be telling them that this information we believe is -- I mean, everything appears in this report, if you were to read it, oh, these guys, everything is right, this is where it is, we're fine. But in now delving into the various parts it finds that not all the information may have been received by the county so you could have done the job that appears to have been done. MR. GRAMATGES: Well, I thought we did that. We certainly can clarify that even further, I mean, sure. CHAIRMAN STRAIN: Well, I know the outcome may be DCA may get upset. You know what, that may be just the pressure we need to get all the answers we need to do this even better. MR. COHEN: Well, there's two points. One, you're dealing with the best information available. And then the question becomes can you get better information? I mean, if we can't get it from them and we end up with an ORC from DCA that says, you know, we're not going to approve this until you do get it, and we can't get it, our hands are tied. So that becomes extremely problematic because we don't regulate them. Page 31 oil September 2007 know, there are no wells that we have requested west of I -75. There's quite a few east. CHAIRMAN STRAIN: I'm talking about west of 951. MR. GRAMATGES: Oh, west of 951? Yeah, there's quite a few west of 951, yes. That is a prime location in the sense that hydrologically and the quality of the water is such that this is a prime potential for us to be able to expand our fields. CHAIRMAN STRAIN: Okay, on Page 4 -8, all the way on the very bottom, it's actually the Table 4 -6 that Ms. Caron had previously discussed, you have a footnote 2, storage volume for Manatee Road ASR not included in the total. Why? MR. GRAMATGES: That's a good question. CHAIRMAN STRAIN: I mean, it would bring up the tank volume to storage volume closer to where Ms. Caron was indicating Immokalee was like. MR. GRAMATGES: I know that Manatee Road is being refurbished. It's likely that's the reason. But I certainly can provide you with an answer for that, yes. COMMISSIONER MURRAY: If I may? CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRAY: I may be totally in error here, but I have a recollection, wasn't that ASR still in a test phase? MR. GRAMATGES: Yes, it is. COMMISSIONER MURRAY: So that really wouldn't count because it's in test, right? That's my understanding. MR. GRAMATGES: Yeah, the ASR is relatively new. And all ASRs have teething problems. And we need to make sure, we use it for a couple of years and we test the water that comes out of it. And it usually takes at least a year, sometimes two to three years before we can be confident that that water is going to be usable. So that could very well be the reason -- COMMISSIONER MURRAY: I think if that, what I've said and you've agreed to is true, and I believe it is, that maybe you might want to footnote that so that -- to help you. MR. GRAMATGES: Yeah, I think this footnote needs to be a little bit more explanatory. CHAIRMAN STRAIN: Okay. On Page 4 -26. On Table 4 -23 on Page 4 -26, the table's title is Summary of Existing AMUC Water Treatment Facility. Yet footnote one says that the information on existing and planned water treatment facilities taken from a preliminary design report by Ave Maria University prepared in June, 2004. If it's existing, how can it be taken from a preliminary design report? MR. GRAMATGES: Well, because all the information we have is available from that preliminary design report. This -- Ave Maria is under construction, and their utility is under construction as well. CHAIRMAN STRAIN: Are there supplying any water at this point? MR. GRAMATGES: I believe they are, but they're not supplying water to the capacity that the plant is designed to provide. CHAIRMAN STRAIN: So Table 4 -23 being titled as a summary of existing, it really isn't true, is it? MR. GRAMATGES: Well, they reported to us as existing. And that could very well be that the plant has been completed but it's not in full operation. CHAIRMAN STRAIN: Okay, well, I hate to go back on an old subject. COMMISSIONER ADELSTEIN: No, you don't. CHAIRMAN STRAIN: No, I don't. COMMISSIONER CARON: Nor should you. Page 30 1611 Septemr 6, 2007 CHAIRMAN STRAIN: Which brings up an interesting point. Had this gone forward and that didn't get issued or it wasn't in there, does DCA care? I mean, how are they going to know? I mean, I'm being facetious in a way, but I'm just really wondering how comprehensive we're required to be. And if we're not comprehensive, then how does anybody know? So I guess that's a question that remains to be answered. Ms. Caron? COMMISSIONER CARON: On Page 4 -8, at the bottom of the page Table 4 -6 gives a summary of our water storage facilities. And one column is the tank volume and the next is the usable storage. All right? And in all cases our tank volume is greater than our actual usable storage in those tanks. MR. GRAMATGES: Yes. COMMISSIONER CARON: All right. If you go to Page 4 -18 and look at Immokalee, they get 100 percent out of every tank. In other words, if the Jerry Warden water storage facility has 1.80 in volume, their usable storage is 1.80. Does that mean that they're being more efficient than we are, or -- MR. GRAMATGES: Well, in the first place we are going by what they reported. The second is the reason why our volume is not totally usable is because the tanks have what we call heel at the bottom. You can't put the discharge of the tank at the very bottom of the tank, you put it on the side. And there's a few inches left at the bottom of the tank you can't take out. I can only assume that Immokalee is designing their tanks differently. COMMISSIONER CARON: Okay, you think the design of their tanks are actually different? MR. GRAMATGES: I'm not sure. COMMISSIONER CARON: Because I actually believe that your figures are correct and theirs are probably not 100 percent. I don't think you can get to that figure. But I was just curious. MR. GRAMATGES: I'm a registered professional engineer, and I will tell you that it would require a lot of good engineering be able to extract every drop out of every tank. COMMISSIONER CARON: Exactly. Okay. CHAIRMAN STRAIN: Any other questions on Section 4? Phil, if you -- on page -- the chart after Page 4 -2, it's actually called Figure 4 -1. This is something that I had brought up in meetings a long time ago when I started being concerned about your demand from development -- land developers for wellfield easements. I had asked that you provide us with a master plan showing how those wellfield easements should be tied in; otherwise, why keep asking for them. And in this particular case you actually supplied the plan that I had requested, but what it does show is that all the wellfield easements that we've asked for west of 951 really don't have any way of tying into the mains that you show here. Is that a fair statement? MR. GRAMATGES: That is a fair statement. What you see here is the existing wellfields. There are some wellfields that are being developed right now, I'm personally project manager for one just south of I -75 that contains 23 wells. CHAIRMAN STRAIN: I realize there's more south of there, yes. I'm looking at the portion north of I -75. Is everything --do we have any wellfield collection mains west of 951? MR. GRAMATGES: Not that I remember, no. I don't have a copy of the master plan right here, but I'm pretty sure we do not have them. However, that doesn't mean that we may not provide them in the future. We request these well easements because we know that this is not going to be sufficient for us to provide well water in the long term. And we need to get those easements. When we get enough wells together and close enough distance to make it fiscally prudent for us to put a transmission line, then we do that. We haven't been able to do that on the east side -- rather on the west side of I -75 yet. But as far as I Page 29 September 6," 07 MR. GRAMATGES: Yes. COMMISSIONER SCHIFFER: The total -- doesn't that say 40 -- MR. GRAMATGES: Well, that is the design capacity. That assumes that we are running those plants at full capacity, and we are not doing that most of the time. The design capacity is there to meet the needs of the season when the population peaks, and it has of course also some factors for reliability based on 10 state standards. So the plants may for a week run close to max, but for the most time they don't. So indeed, that number 40 is not actual production, it's capacity. COMMISSIONER SCHIFFER: Okay. But you do state on 4 -13 that, in the words of your consultant, the county has identified the scenario -- the scenario meaning pumping water into the ground -- as a waste of a valuable resource. Is there any way -- because I think you're making the assumption that these other customers, probably smaller customers, are all not irrigating during the wet season when in fact they may be -- especially this was a dry season, they would have gladly I'm sure like to have gotten ahold of some of it. But you say saying there's no more capacity other than these 23? MR. GRAMATGES: No, that's all the capacity that we have. COMMISSIONER SCHIFFER: And in the off season when you're storing, it looks like 130 million gallons in the system, why isn't that being used then? MR. GRAMATGES: Well, typically what we would do is store the capacity during the rainy season and use it during the dry season. I'm afraid I don't fully understand your concern. COMMISSIONER SCHIFFER: Okay, so what you're saying is that during the wet season any reclaimed water you get, you're just filling up the pipes and letting it sit there. Anything extra than that you're -- what's described in your report as a waste of a valuable resource is going in the ground. MR. GRAMATGES: What they say is a waste of valuable resources is that we have deep injection wells where we inject reclaimed water when there is no demand for the reclaimed water. There's only so much capacity for it. Most of it in ponds. Once those ponds are filled to the brim, the only way we can get rid of that water is by injecting it. That is a waste of resources. If we had ASRs to store this, or other ways to store that water during the rainy season and then utilize it in the dry season, that would be a resource that would not go to waste. COMMISSIONER SCHIFFER: Is there any plans to expand the system? MR. GRAMATGES: Yes, indeed. We are looking at all kinds of plans to expand the system to better utilize the water we have available and make other water available for irrigation purposes, be it surface water, be it rain water that we capture, and so on. COMMISSIONER SCHIFFER: But not within the next 10 years? MR. GRAMATGES: Yes. But the problem with this document, as I said before, this document is there exclusively to meet the requirements of the regulations. The AUIR and the master plan address those planning issues that you're referring to. COMMISSIONER SCHIFFER: Okay, we'll wait rill then, thanks. CHAIRMAN STRAIN: Mr. Midney, then Ms. Caron. COMMISSIONER MIDNEY: I just realized, the Immokalee Seminole Indian reservation also has its own water and sewer utility, and I don't see that in this report. MR. GRAMATGES: I don't know why it's not there. COMMISSIONER SCHIFFER: Maybe it's Broward? COMMISSIONER MIDNEY: No, our Immokalee one does. It's new. MR. GRAMATGES: Oh, is it? Okay. That's the Immokalee Seminole? COMMISSIONER MIDNEY: Yes, reservation. ,ptember 6, 2007 Okay, let's take a 14- minute break. We'll come back here at 10 after 10:00. Thank you. (Recess.) CHAIRMAN STRAIN: Okay, if someone could turn on the mic. Okay, we'll get back in session. We were discussing the water supply plan. We left off on Section 3. Section 3 is about five pages. Taking us to Section 4. Are there any questions from the panel on Section 3? (Commissioner Tuff is present in the boardroom.) (No response.) CHAIRMAN STRAIN: Phil, I did have a question. Water restrictions, how have they affected demand? Do you see a significant drop, a percentage? MR. GRAMATGES: I can't give you a percentage, but I can certainly say that they have indeed affected demand. Demand has gone down considerably. Certainly more than 10 percent. COMMISSIONER MURRAY: Let's keep them in all year round. CHAIRMAN STRAIN: That's about what I was thinking, too. Okay, is there any questions on Section 4? COMMISSIONER MIDNEY: Yes. CHAIRMAN STRAIN: Section 4 takes us quite a few pages. Let's just look at the whole section in one lump sum. Mr. Midney, then Mr. Schiffer. COMMISSIONER MIDNEY: On Section 4 -18, it says that the Immokalee Water and Sewer District disposes all effluent wastewater by on -site spray irrigation and percolation ponds. They also use a deep well injection. MR. GRAMATGES: Okay, we can correct that. CHAIRMAN STRAIN: Any others, Mr. Midney? COMMISSIONER MIDNEY: No. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Yes, this would be on reclaimed water, Page 4 -10. And the question really boils down to, if you look at the data you gave us, you have the potential of 80 -plus million gallons per day, you have a contractual use of 22 -plus million gallons a day, you have, by your notes, 140 customers who would like to join on. How come we're not expanding that service more? Because the biggest virtue of that is that every gallon per day you get off of that you don't get off of the potable water. MR. GRAMATGES: Yes, Commissioner, as I explained before, we are using all of the water that we have available. During the dry season 100 percent of the reclaimed water we have available is distributed. COMMISSIONER SCHIFFER: But then during the wet season do you think any of these 140 customers are using potable water and could be using that? MR. GRAMATGES: During the wet season it is unlikely, because most of the potable water that is replaced by irrigation - quality water is of course for irrigation. So if it's raining, the majority of them don't want the water, don't want to pay for something they don't need. So during the rainy season the demand for irrigation quality water diminishes substantially. COMMISSIONER SCHIFFER: And you're assuming that their sprinklers and all aren't going on during the rainy season. But there is a big discrepancy between the potential and your use. In other words, one is 40 thou, one is 23 thou. Isn't that right? You -- MR. GRAMATGES: Can you point out to me where you're reading? COMMISSIONER SCHIFFER: I think it's at table 4 -7. Page 27 i4#3 SM'Pterder 6, 2007 you. MR. GRAMATGES: Yeah, Ave Maria is a special district, indeed. I don't know if that's true for FGUA as well, though. FGUA I think -- no, FGUA is not. Neither is Orangetree. MR. SCHMITT: Orangetree of course was built by the developer to support that development. I believe it's owned and operated by Mr. Boldt. I'm not sure about Golden Gate. COMMISSIONER SCHIFFER: Yeah, I mean, I can assume what Ave Maria is. But -- MR. SCHMITT: Ave Maria is owned by the -- COMMISSIONER SCHIFFER: --just curious, maybe a quick paragraph inhere describing that for us, that's all. MR. SCHMITT: Sure. CHAIRMAN STRAIN: Okay, we've gotten through the first five. Let's go to the end of that section, which would take us through ES -7. Any other questions on that section of document? (No response.) CHAIRMAN STRAIN: ES -7 starts with a Section 1 introduction. If we go all the way from that I -1 page to say Page 2 -5, are there any questions in that section of the book? Mr. Schiffer? COMMISSIONER SCHIFFER: City of Naples, you have a statement in here that you kind of review what they're doing and make sure that it meets the standards of the county? The City of Naples, which has a large chunk of county citizens being served by them, the concern is that there's been a lot of complaints on pressure and sizing. How do you know that they're upgrading their system? I mean, we're all running around looking at gallons per day here. But how do we know that pressures, pipe sizes, age of materials, stuff like that is being maintained? MR. GRAMATGES: We do not oversee Naples. We can only tell you what they tell us. Now, we are in constant communication with them, and we have several agreements for mutual supply in cases of emergency, which we did do in Hurricane Wilma. But we certainly don't control them, nor dictate to them what they can and cannot do. So we only take information they give us. They're not even included in this report because they report directly to DCA. COMMISSIONER SCHIFFER: Right. But it does state in this report that you oversee their report essentially in making sure it complies with our standards. Is that true? MR. GRAMATGES: Yes, we do communicate and we do look at each other's reports, indeed, and they take our advice and we take theirs. I believe that that's the extent of the relationship. COMMISSIONER SCHIFFER: To quote it is, the county, however, is responsible for ensuring that the city's existing and future facilities meet the level. So it sounds more than that. But the problem is, in your process of ensuring that, be careful on some of the pressures. We're having trouble in the Bayshore area that it's not -- this system is not up to hopefully our standards. So I don't know how that's done. Just a bizarre question is could we ever as the county take over that system? I don't know what arrangements have been made, but wouldn't it be in our best interest if we controlled all the systems that serve all the residents? MR. GRAMATGES: I honestly cannot answer that question at this time. COMMISSIONER SCHIFFER: Okay, let's not waste time. CHAIRMAN STRAIN: It's beyond the context of this report, so let's just --we might have a sidebar in a few minutes with Phil on that -- COMMISSIONER SCHIFFER: Yeah, let's -- don't waste time on that. I'm sorry. CHAIRMAN STRAIN: The balance of Section 2 ends on Page 2 -7. Any other questions on Section 2? Page 26 161 B �� September 6, 2007 other sub - utilities, they may be doing it, they may -- that would be feasible, but since we don't know, we have a deficit shown under this point. Is that a fair statement? MR. GRAMATGES: That's a fair statement, Mr. Chairman. I'd like to add as well that some of these utilities have been more forthcoming with the information than others. Immokalee has been one of those, and Ave Maria has been -- in fact, for that matter, FGUA has cooperated with us. I understand they have recently sent us information that we received too late to incorporate into this report, and that we fully intend to incorporate into it as we revise it for the next round. So it's possible that that information is already here and it's not reflected here. I mean, in all fairness to them, they have their schedules and commitments, and getting this information sometimes is not easy for them, not just for us. CHAIRMAN STRAIN: Okay, Mr. Schiffer? COMMISSIONER SCHIFFER: Just point of information. This report is on a letterhead of CDM. What is CDM? MR. GRAMATGES: CDM stands for Camp, Dresser and McKee. It is a consulting firm that we have used for several years now. They are very active internationally in the public utilities potable water and sewer area. And we are -- we have used them before. They're the company that is helping us manage our own raw water supply plan, and we have a lot of respect for the work that they've done. The principal project manager responsible for this report for us is Mr. Paul Pino. Mr. Pino has a lot of experience in this area, and in fact he was an executive in a very large utility in the northeast before he became an independent consultant -- or rather a consultant working for CDM. COMMISSIONER SCHIFFER: Okay. So the executive summary here is a third -party conclusion then? MR. GRAMATGES: We certainly have been reviewing this throughout very carefully. We had several meetings with them with our entire staff, including all directors and the administrator, Mr. DeLony, and we can -- and this is our report, not theirs. Because they drafted it, we approved it, we revised it, reviewed it, and it has gone through several modifications before it became what you have in front of you right now. COMMISSIONER SCHIFFER: I mean, I couldn't find, maybe it's in there, but anything that explains what you just said. So I think in the future reports, since it is on the letterhead of a private firm, you should maybe describe that. I was looking for it and I played the Where's Waldo game with the papers. Then another question is, what is -- just for my own education, these private utilities I assume are governed -- are they privately owned utilities? They're -- MR. GRAMATGES: Yes, at least two of them are privately owned. I am not sure, Immokalee I don't think is privately owned. Well, Ave Maria is privately owned, of course. Immokalee is not. COMMISSIONER SCHIFFER: How are they governed? Just quickly, 25 words or less, if that's possible. COMMISSIONER MIDNEY: Immokalee is boarded by a governor- appointed governing board in Immokalee that has seven members. We're a -- I don't know how you'd say it, we're a semi governmental, I guess, republic. COMMISSIONER SCHIFFER: And then you say two of them are privately owned. Which ones are they? MR. GRAMATGES: Three of them are privately owned. Ave Maria, Orangetree and FGUA. COMMISSIONER SCHIFFER: And who owns those, quickly? I don't want to hang here too long. MR. GRAMATGES: I don't have that information at hand. I can provide it for you, of course. COMMISSIONER SCHIFFER: I think maybe that would be interesting in the report, too. Thank Page 25 September 6, 2007 Now, I understand you can get South Florida permits early. But right now you're basically saying they're operating in a deficit, which to me is not feasible. Is that a fair statement? MR. GRAMATGES: Yeah, that certainly is a fair statement. And once again, we have information that in some cases it's stale. For all we know, they may be able to meet it now. I really can't answer that question, I'm sorry. CHAIRMAN STRAIN: Okay, but the objective of this report was demonstrate that the water supply plans for each utility within the county are feasible with respect to facility capacity to be developed. And consumptive use permit allocations are required. And I think you've proven just the opposite for two of these, and I would wonder if that's what DCA's going to accept if we send it to them. We're supposed to show it's feasible. And is our plan going to be trashed because we've included two other plans that are not feasible? MR. GRAMATGES: We find ourselves between the proverbial rock and a hard place. We need to report on information that is given to us by third parties that we cannot control. And we can only report on what we know. CHAIRMAN STRAIN: Okay. It's just making it more difficult to understand what the real objective here is today. Ms. Caron? COMMISSIONER CARON: Yeah, I was just going to say, I mean, if you look down at Immokalee, it says that their cup expires in 2010. So does that mean they have to wait to get that new permit until 2010? MR. GRAMATGES: No, they typically will require that permit in 2009. COMMISSIONER MURRAY: It's still a long time. MR. GRAMATGES: They will probably request the permit in 2008 and go through the process and obtain that permit in 2009. COMMISSIONER CARON: Well, let's look back at Collier County then, where we're fine here in 2008. MR. GRAMATGES: What page are you looking at, please? COMMISSIONER CARON: ES -3. Okay, the permitted surplus or deficit, okay? So we were fine in 2005, and we're fine up through 2008. Looks like we don't have a deficit until 2013. MR. GRAMATGES: That's correct. COMMISSIONER CARON: When will you be able to get that permit? MR. GRAMATGES: We will be able to get those permits in 2012. COMMISSIONER CARON: A year before. MR. GRAMATGES: Roughly a year before, yes. COMMISSIONER CARON: Okay. Now, let's go back to Immokalee. You're telling me that right now they should be applying for a new permit to cover them in 2008? MR. GRAMATGES: That's correct. COMMISSIONER CARON: Okay. Well, footnote three says that the cup for 3.36 MGD annual average expires June 15th, 2010. So that's two years after. MR. GRAMATGES: Well, that's a permit that they have in place right now. They need additional consumptive use permits. They obviously need to request that addition. COMMISSIONER CARON: Okay. And they should be doing that now to cover them for next year? MR. GRAMATGES: Yes. CHAIRMAN STRAIN: That's kind of the issue that because they can't get current input from these Page 24 1 1 September 6, 2007 reasons why Immokalee doesn't use as much water as the coast, not only historically but just because of the characteristics of our community. We don't have big lawns, we don't have big houses. We shouldn't have to plan for as much capacity there. But we've never used as much water as they do on the coast. It just doesn't make any sense. CHAIRMAN STRAIN: Did you look at the capacity demand for Immokalee? COMMISSIONER MIDNEY: It's not a lot less, but it is less. CHAIRMAN STRAIN: Well, it's 182. COMMISSIONER MIDNEY: Right. CHAIRMAN STRAIN: I don't think Immokalee will be impacted negatively by using 185. Very little. But it's the other ones that are concerning that we may want to -- COMMISSIONER MIDNEY: Right. But I'm just arguing in favor that not all communities are the same. CHAIRMAN STRAIN: 1 agree. MR. COHEN: Mr. Chairman, what we will do is clarify whether that 185 was a number in terms of what maximum you should be, and whether or not -- if that number is less whether or not that is acceptable. And we'll do that with the water management district. Because what it says is we have to be consistent with their plan, and if there's lower consumption that isn't necessarily inconsistency and we'll clarify that matter. CHAIRMAN STRAIN: Okay. Now, I'm still trying to get past the first five pages, and unfortunately there's another concept on the first five pages I have a question on and that is on the ends of several of your summaries for the other utilities you have a sentence that says, however the allocation of the underlying CUP does not cover the withdrawals required to achieve the finished water demand. That's a fine statement and I understand what it means, but how does that tell DCA the feasibility of the system if we're just admitting it doesn't cover it? How are we saying it's being corrected if we now have to report and speak for those other utilities? We can't tell them and we can't order them, apparently, to go out and get a new consumptive use permit. MR. GRAMATGES: No, we cannot. But they do require a consumptive use permit. The South Florida Water Management District needs to permit them so -- you know, for them to be able to withdraw water from any aquifer, because it is their responsibility to make sure that there's enough raw water for everyone. CHAIRMAN STRAIN: Well, based on the study that you provided for Immokalee water sewer district in 2008 -- well, 2005 they had a deficit of .8, and now they're going to have a deficit in '08 of 1. 1, which means this year they have a deficit as well. So does that mean they're feasible? MR. GRAMATGES: Well, when there is a deficit on the part of the raw water availability, means that they don't have permits to be able to supply the water that we'll need five years from now. Unfortunately the South Florida Water Management District does not give permits five years in advance. So therefore that deficit reflects the fact that we will need additional permits in the future. As far as Collier County Public Utilities is concerned, we are in contact with the South Florida Water Management District and they have assured us that the plan that we have in place will be able to be met from their perspective, because there will be enough water for us to be able to do what we need to do. In other words, they don't see any reason why they should not be able to give us the permits we need. So that deficit only reflects the fact that the permits are not in the books at this time. CHAIRMAN STRAIN: And I fully understand that, Phil. Just like you, I've been through the process for consumptive use permits. But under your Immokalee presentation that's been in this document and under the Golden Gate City Florida Governmental Utility Authority, both of those show current operating deficits in the year 2005, 2008 and all the way through the 10 -year plan. Page 23 ' September 6, 2007 governments use 185 as the number to follow. COMMISSIONER MURRAY: Really? MS. VALERA: Yes. CHAIRMAN STRAIN: Okay, then why -- again, you just opened the door. Why are we not using that for those other utilities and then showing them deficient so that more or less the trouble can be brought to the surface, it can be analyzed then, because now everybody's going to be all upset that oh, my God, we're showing deficient water usages in all these other areas, and maybe a practical answer can be provided that says why or why not they shouldn't be using 185 inconsistent then with what you just told us? So maybe this is the method of getting to a better analysis and a better answer to the inconsistency in the numbers. Mr. Midney? COMMISSIONER MIDNEY: Could you say that again? 185 is required for all utilities in Southwest Florida? MS. VALERA: For all the local governments, that's how Florida Water Management District governs. And, you know, the regional plan is the lower west coast plan, and the lower west coast plan has the numbers to follow. COMMISSIONER MIDNEY: That's for the present time and the future? MS. VALERA: As the latest update from their plan, which is the 2005 -2006 update of their plan. COMMISSIONER MIDNEY: Because before you said that I was going to suggest that what they should probably do is since it's trended down from 210 to 185, that they should continue to extrapolate how it's likely to decrease with conservation and with the increased cost of water. It's gone up dramatically and we can expect that that's going to deflate the demand also. CHAIRMAN STRAIN: Were we required, Carolina, by DCA or the state to follow the 10 -year -- the south Florida plan? MS. VALERA: (Nods head affirmatively.) CHAIRMAN STRAIN: We were? Is that affirmative? MS. VALERA: Yes, that's correct. CHAIRMAN STRAIN: Okay. Well, Ms. Student, or Mr. Klatzkow, since you're listening, I think it's very important that we resolve this issue based on your recent testimony to us today or comments to us today that this 185 is a requirement, and now we find that several -- and we've got four other utilities in this county that aren't using that. So now that brings it to a much higher level of concern at this point, so -- MS. STUDENT - STIRLING: I have notes and we'll look into all that. MR. KLATZKOW: I think a footnote highlighting this issue in the report would be very helpful. CHAIRMAN STRAIN: I've already made one as a recommendation when we finish the -- MR. GRAMATGES: And we certainly can do that. And we certainly can change the requirement for those four utilities to 185 and see what happens. I mean, I don't know what else to tell you. CHAIRMAN STRAIN: Well, I can tell you right now, if you take -- one of them, for example, Orangetree is 100. It goes to 185 you're showing it unfeasible, basically. And EMU is at 109, and you'd be showing them at 185, I'm sure with all their expertise and their scientists and people that are involved in their plans, they are going to provide some very useful information as to why 185 may not be the right number. But if 185 is the number dictated to us by the state, I'd sure like to see how anybody can get around that number. So it might be a very worthwhile discussion for us to have. Mr. Midney? COMMISSIONER MIDNEY: Well, just taking hnmokalee for instance, I can give you very clear Page 22 September 6, 2007 since all of our potable water system is interconnected, we use only one number to cover the entire 240 miles. So you -- so what I'm saying, Mr. Chairman, is yes, you are correct, there are some areas within our district that have less consumption on a per capita basis than others. But when you see the 185, it is a conglomerate of all of those areas seen together. CHAIRMAN STRAIN: Is this produced in a report within your department, this 185 demand? Is this something that if you were to provide -- if we were to ask for a review of a 12 -month cycle showing how the demand varies over 12 months in this county, can you produce a report? Can you show us a -- MR. GRAMATGES: We certainly have the data that would enable us to produce some of report that would show our consumption, yes. CHAIRMAN STRAIN: In the data that then the report would flow from? So we could actually derive and see how your meter reading -- how your gallonage and flows actually are affected? MR. GRAMATGES: Well, we know how much water we produce and distribute on a daily basis, in fact. And we have an estimate of the population on a monthly basis. So yeah, we should be able to divide one number into the other and give you an idea as to how this is calculated. CHAIRMAN STRAIN: See, I'm concerned because DCA sent back a rejection to our prior documentation in regards to population a while back and said they had to be consistent. And we went and now we're using a consistent population. And I would think with your strong argument for the demand per capita to be what it is, it certainly thinks that -- it certainly seems to me that that consistency should be averaged throughout the county. Or if the others are low and ours are high then we should benefit from that average as well, rather than build facilities that may be more than we need based on those averages. So I think that ought to be something we ought to look at, and I would leave it up to staff to take a closer look at that and respond back. MR. GRAMATGES: I certainly will take your advice. I'd like you, however, to keep in mind that that number also varies from year to year. I remind you that we are in the middle of a drought right now and we're taking some extraordinary measures to reduce consumption. So the number for this year will likely be considerably less than 185. Since we projected for the future, it's -- in fact we're projected for 10 years into the future, we need to be sure that we have a consumptive rate that is consistent with history and consistent with good management practice. And therefore an analysis like that may be able to pinpoint a year where we would have considerably less consumption than we would have other years, and that may be due to a lot of other factors. I'm not trying to back pedal on what I said, if I may, I'm just trying to explain that there are a lot of factors that affect the per capita consumption. And whenever you have to make projections into the future, you need to be extremely conservative, because if you're not the possible downside of not doing that is that we may run out of water and we definitely do not want to do that. CHAIRMAN STRAIN: And running out of water would simply mean we cant make the connections. MR. GRAMATGES: Running out of water simply means that we're going to have to have restrictions that are going to be very, very difficult for rate payers to accept. CHAIRMAN STRAIN: Okay. Thank you. Mr. Midney? MS. VALERA: If I may? I'm sorry. CHAIRMAN STRAIN: Go ahead. MS. VALERA: I also wanted to point out that the lower west coast plan requires the local Page 21 Septembe 6, 2007 And furthermore, we are working on an irrigation quality policy that goes beyond irrigation quality or reclaimed water into other sources of water for irrigation purposes. COMMISSIONER MURRAY: Well, that makes me feel much more comfortable. I realize that you folks are active in doing your job; I appreciate that. The ASRs, the reclaimed water bubbles that you're going to throw in the ground, they haven't yet begun, have they? MR. GRAMATGES: We have only I ASR in operation right now. We have -- at the time that we present the AUIR to you, you'll see that we have a number of others in the plan. COMMISSIONER MURRAY: Okay. I just -- the issue of conservation and the agricultural use and the numbers, and when you do percentages, when you look at, for instance, Ave Maria, the incremented number doesn't match with the population, and that I would expect because that's really a dart. But I did look at some of the other numbers, and they didn't seem to also suggest that they were as close as what I would have expected if we're planning this big population growth. Thank you. CHAIRMAN STRAIN: I would like this board to try to focus on the pages that we're moving to. COMMISSIONER MURRAY: Yeah, I realize that. I don't have anything else. CHAIRMAN STRAIN: Ms. Caron, did you have any questions? COMMISSIONER CARON: No, I'm fine. CHAIRMAN STRAIN: Phil, I still have one question about the first five pages. Collier County's use of 185 and the demand, is that what you consider necessary to provide a feasible facility and be consistent with the objectives of this report? MR. GRAMATGES: Yes, sir. Most emphatically, yes. CHAIRMAN STRAIN: Okay. Then I would suggest that sometime between now and the next time this comes before us, or before it goes to the DCA, we should change all the other demand calculations for the other utilities that are not ours to 185. And then that will show them all in a deficit and let them deal with DCA in that regard. Unless they can justify having less than 185, since you've justified 185. MR. GRAMATGES: Well, if you wish to do that, we certainly can -- CHAIRMAN STRAIN: It's a suggestion. I'm trying to -- if this county feels so strong that 185 is the right number, just like the population, there ought to be consistency in our documents. And I would like to know what you all think of that. Because if we're allowing these other facilities who we're reporting for to operate at an unfeasible level simply because they changed the multiplier in their documents, then somebody is wrong, it's either us or them. MR. GRAMATGES: Mr. Chairman, I will say again that one of the reasons why the level of service is different and between different regions is the way in which the water is utilized. It has to do with a lot of factors, one of them being density. So it is possible that some of these utilities have higher density than we do within our own sewer and water district, and therefore that's the reason why the consumption is lower. I can only speculate as to the reasons. But I would like to explain that indeed there may be very good reasons why their numbers are lower than ours. CHAIRMAN STRAIN: Well, I also know that you have various -- like theirs, you have parts of the rural fringe, you have population calculations that go in parts of your area that don't have the densities that you have along the coastal areas, so therefore you're telling us now that maybe there's a varied demand that you could be using, similar to the way they're using them, depending on what part of the county you're in? MR. GRAMATGES: Well, our demand factor of 185 encompasses the entire 240 square miles of our district. There are areas there that require less, there are areas there that require more. But we are -- Page 20 eSeptember 6, 2007 consumption rate will go up on a per capita basis. We have no -- we have looked at those rates and we believe that the reason for the differences is mostly due to population density and the utilization of the water. But once again, I will say that we are doing everything we can and we're using all the resources we have to reduce that consumption. COMMISSIONER MIDNEY: Okay. CHAIRMAN STRAIN: Ms. Caron, and then Mr. Murray. COMMISSIONER CARON: Yeah, I just wanted to comment further on what Paul was talking about, because I agree with you, I think number one, Ave Maria may be in a position to have to increase theirs. They are very few people out there now. All the landscaping that they are planning on is not in, all the golf courses that they're planning on are not in. So that figure is probably going to go up. And secondly, with respect to Orangetree, Orangetree is a utility in deep trouble. I don't think we want to go there. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: That's a hard one to follow, that one. Continuing this conversation, I wanted to be clear in my mind, the agricultural use, and purely agricultural, the numbers for instance in Immokalee where it's 100, does that include agricultural use as well? MR. GRAMATGES: I honestly -- I'm not sure. COMMISSIONER MURRAY: Okay. When you say that the uses here -- and I'll call it western Collier, for the lack of a better term, where we have a lot of golf courses is historic -- I hope he told you a good secret. Historically where a lot of water is used for golf courses, is that a greater number than would agricultural use? Would that be if you were to put them on a scale, would you think? MR. GRAMATGES: I believe that generally the use of water for irrigation and golf courses is less than agricultural requires. COMMISSIONER MURRAY: Okay. And I noted in the document that it said that while reclaimed water is desired, there is a point where it's just not feasible. I don't recall the actual words, but where it's not possible or feasible or for whatever reason to go any further with the reclaim. When I was looking at the numbers and I did some percentage runs and I saw that -- I said, gee, you know, we could really help a lot in western Collier if we had a lot more reclaimed water. Could you explain why we're prohibited or prevented from going a lot further with the reclaimed water opportunity? MR. GRAMATGES: At this point in time, our utility utilizes more than 80 percent of the reclaimed water that we produce for irrigation purposes. This year in fact because we have a drought we have utilized more than 90 percent of our reclaimed water. The problem with reclaimed water is that when you need it the most, it's raining and you don't want it (sic). So the demand varies during the year. During the dry season, every drop of water that we reclaim goes out to irrigation purpose. During the rainy season it is not utilized because a lot of the golf courses simply don't turn the spigots on because they don't need it and obviously don't want to pay for something that they don't know need. So the issue with reclaimed water is that there is not enough at the time that we need it the most. Now, we're looking at ways to be able to utilize that additional 10 to 20 percent by storing it, by keeping it on the ground and by doing other things. Obviously all of these solutions are expensive and we need to balance the need for the water versus the cost to our consumers and our rate payers to do so. But we certainly are looking at ways to utilize even more. Page 19 161 . September 6, '2,007 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:50 p.m. COLLIER COUNTY PLANNING COMMISSION MARK P. STRAIN, Chairman TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM Page 31 ala 16 1 eot Halas _rl Henning Coyle Coletta _ NSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, August 16, 2007 LDC Amendments August 16, 2007 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 1:00 p.m., in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark P. Strain Brad Schiffer Paul Midney Donna Reed Caron Lindy Adelstein Bob Murray Robert Vigliotti Russell Tuff ABSENT: Tor Kolflat ALSO PRESENT: Catherine Fabacher, Zoning & Land Development Review Joe Schmitt, Community Development/Environmental Services Jeff Klatzkow, Assistant County Attorney Page 1 t "F7 S7 � \i1 ,r, ---D "ox, I 3f .;j a?nli:"ouneB Misc. Corres: Date: Item #: Copies to: 1611 ugust 16, 2007 CHAIRMAN STRAIN: Okay. Good afternoon, everyone. We're going to resume today's meeting but not the meeting we started with this morning. This is the Land Development Code cycle one continuing meeting that we had started several weeks, continued to last week, and then re- continued to today, time certain at one o'clock. So where we left off was a series of LDC amendments. And Catherine, if you could tell us so if anybody is waiting around for something that isn't going to happen. MS. FABACHER: All right, certainly. CHAIRMAN STRAIN: Let's get into the ones we are going to do and not going to do. MS. FABACHER: Okay. Thank you, Commissioner. We're going to do helistops today. We are not going to do outdoor serving areas. We are going to do the emergency generator today. We're not going to do the BMUD /GTMUD revisions. We are doing the stormwater management system. We are continuing the final plat filing deadline revisions. We are doing the off -site drainage improvement revisions. David is here to talk about the signage requirements for GMP. And we are continuing the lot width measurement definition to the September 5th (sic) meeting. CHAIRMAN STRAIN: Okay. So we've got one, two, three, four, five items that we're basically going to hit today. MS. FABACHER: Right. CHAIRMAN STRAIN: Okay. So I know, Bruce, you're waiting on the lot cord one. That one isn't going to happen. And the heliport one, for which Mr. Brooker is here for will happen. MS. FABACHER: Yes. And I think that that would be first. Everyone received their revisions, I believe. CHAIRMAN STRAIN: Okay. And that's on page -- started on page 97. MS. FABACHER: In the book, right, and you've got -- you were sent the revisions. CHAIRMAN STRAIN: Right. MS. FABACHER: So Mr. Brooker, would you like to start the show off? MR. BROOKER: Good afternoon, Mr. Chairman, Planning Commissioners. My name is Clay Brooker. As you all probably know, I'm with the law firm of Cheffy, Passidomo, Wilson & Johnson. And we appeared -- we appeared before you last week on the first round or hearing on this heliport amendment request by the -- it's a private amendment request by E.B. Simmons Electrical, Inc. Hopefully what you see before you is a version about three - fourths of the way down the first page. The date on the version August 10th, 2007. That is the version I sent to the county staff at the end of last week a couple of days after last week's Planning Commission meeting. The primary changes in the proposal related to creating a new definition for what I called a helispot; not a helistop, but a helispot. And the reason I call it a helispot is because that apparently, from our review of state and federal regulations, is not the term they use. And the reason I want to do that is I was trying to avoid, as I tried to explain last week, I was trying to avoid any unintended consequences by either throwing us into a set of regulations or pulling us out to the scope of a set of regulations unintentionally. So what I've done is I created a helispot, I've defined it, I've actually used some of the definition and pulled that from the state or the federal regulations, one or the other, made it clear that we cannot fuel there, we cannot do major maintenance or repairs there, but we are allowed to park the helicopter at that spot when it's not in use. Then later in the definition I explain the various state and federal regulations are still going to apply, and that was my best attempt to make sure that all the truly applicable state and federal regulations will apply while malting it very clear that we're not trying to do anything more than have a private helispot, if Page 2 1611- 16 2007 >gust that makes sense. Then to follow through with that addition of a definition, all heliports now, whether they're private or public, are conditional uses. The only thing that -- the only helicopter facility that is not a conditional use is the private use helispot, and that, because of the current code where it's a permitted right in the -- well, transportation by air is a permitted right in the industrial zone, we have kept that as that one limited exception as a permitted use as a right, meaning a private use helispot in the industrial zone only, and it must be 1,500 feet or more from all residential zones. That is the only carved -out very narrow exception. Everything else goes to the conditional use process. And I think that was the major discussion point, I'll call it, last week, and that's what I've tried to address, hopefully to your approval. And with that, I'll take the beating. CHAIRMAN STRAIN: Okay. COMMISSIONER MURRAY: Don't get hit by -- CHAIRMAN STRAIN: Okay. Who wants to start? COMMISSIONER SCHIFFER: I'll start. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And Clay, let me get this. So you're going to invent the word helispot even though our code has heliport and helistop. You're going to invent the third entity; is that right? MR. BROOKER: When you say our code, are you referring to the county's code? COMMISSIONER SCHIFFER: Well, the LDC. I have it up. I mean, there's heliport or helistop as uses in our code. MR. BROOKER: Well, if there's a helistop word in our code that's defined, I was unaware of that. COMMISSIONER SCHIFFER: Well, there's the helistop word, whether it's defined or not. So you're going to invent something, but is that any way to circumvent federal regulations? I mean -- MR. BROOKER: No. COMMISSIONER SCHIFFER: How could you, yeah. MR. BROOKER: Right. The Federal Aviation Administration and the Florida State Department of Transportation is going to apply their own rules, their own definitions. They're going to call it what they think it is and apply whatever they think the applicable regulations are, and there's whole -- as we talked about last week, a whole comprehensive set of regulations both from the state and from the federal government. But what I was trying to do is -- I'm just not comfortable. I don't want the county definition to be identical to a state or federal definition when I don't know the consequences of that. So what I'm telling -- what I tried to do is create a definition, helispot, which is not necessarily used by the state or federal governments, which clearly defines what my client wants to do on his property, which is, private use helipad that can't be used by the public, only by him and the people he authorizes. He can't fuel there. He can't do major maintenance, he can't do major repair there. All he can do is fly in and fly out and park it there when it's not in use, period. And so that's why I intentionally created something, you know, just a little bit different so I wouldn't be thrown into something that I don't know is out there, frankly. COMMISSIONER SCHIFFER: But do you think -- does that meet the definition of a helistop, the federal definition. Do you know what that is? MR. BROOKER: Yes. Page 3 I Ej 11 august 16, 2007 COMMISSIONER SCHIFFER: And this differs from that in what way? MR. BROOKER: I don't know exactly. I think the helistop definition may be a little bit more stringent in terms of, it talks about you can't have parking for automobiles at the location as if you're going to use it for passengers loading and unloading and it's a major operation. What this is, what we are proposing is an accessory use to a permitted use in the industrial zone, and my example is an electrical contractor business. The parking requirements for the electrical contracting business are going to apply on the ground for cars, but he will have this accessory helipad that meets the definition of helispot, but the FAA, as far as I understand it, will apply the helistop application. I can read to you what the FAA defines helistop as. COMMISSIONER SCHIFFER: Okay. That would be good. MR. BROOKER: And a lot of this is going to sound familiar because I pulled it straight from this. A minimally developed helicopter facility for boarding and discharging passengers or cargo. The heliport/helistop relationship is comparable to a bus terminal/bus stop relationship with respect to the extent of services provided or expected. COMMISSIONER ADELSTEIN: Good. MR. BROOKER: So what I did was I lifted that first sentence out -- I didn't pull in the bus stop analogy -- and I also made it clear, because I'm not so clear that in a helistop you're able to park your helicopter there when not in use. So that's why I clearly defined it the way I did in our proposal. COMMISSIONER SCHIFFER: And I think that's a good reason. Thank you. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: I kind of think the bus stop is a good thing to have in there because then people will know you're putting no restrictions on the number of times a day that that helicopter can take off and leave. It can go dozens of times every day, seven days a week, 365 days a year; is that correct? MR. BROOKER: Correct, just as the code reads today. COMMISSIONER CARON: Right. CHAIRMAN STRAIN: Any other questions? Clay, I brought the idea of the helispot up in the discussion last time because it's something I had found, and I read about it, and it seemed to make sense. It was a helistop. And you've got -- and boy, Terri, I bet this is going to be fun for you to get it right in the transcript. You don't like the helistop which, by the way, Lee County and Hillsborough County uses. You want to change it to helispot because you're concerned that helistop may bring in some form of federal or other oversight that you're not aware of, which is exactly what we would want. And if you're not aware of it and you're hired by the client to do this, how are we to be aware of it? I mean, how do we know what door we're closing and not opening properly by changing a name, two letters in a name, that is defined and used elsewhere; why wouldn't we use it here? MR. BROOKER: And that's a good point because I can give you the flip side of that coin. CHAIRMAN STRAIN: Fine. MR. BROOKER: The flip side is, what if we, in good intention, want to do exactly what I told you we want to do and by calling it helistop, we can't because I'm unaware of something out there. My client's $3,000 in paying for my time and the consultant time would be a waste of time. So what I'm trying to do is protect that. I understand where you're coming from, but please understand where we're coming from. And it may be that helistop is perfectly fine. There's no intention to get around all of the federal regulations that apply to helistops. But I just want to make sure I can park my 7 August 16, 2007 1 helicopter there when not in use. And so if someone knows of something out there that won't allow me to do that because it's part of the FAA reg., then I want to make clear that we're a different bird. CHAIRMAN STRAIN: Well, we are not in the business here of regulating helicopters, and we're relying on FAA regs., unfortunately. I don't like the invention of a new term just to avoid what may be out there. That's concerning. And when I first read this -- and I realize you had changed it, but I also saw you put in some useful changes like conditional use its only accessory, and an industrial zone is a permitted use by right for a heli -- I would assume a helistop, although you said helispot. Those are good things that changed. But I -- the terminology bothers my because it has an unknown connotation to me, just like the other one has an unknown connotation to you. And I do feel uncomfortable with that, and I just thought I'd let you know it. And there's eight of us here. So Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah. Let me see. They're in conference. Almost. MR. BROOKER: I don't think we would have an objection -- and boy, if I'm wrong, I'm in trouble. I don't think we would have an objection to calling it a helistop as long as the definition clearly states that we're allowed to park the bird there when not in use. COMMISSIONER MURRAY: That's what I was going to say. MR. BROOKER: And if -- I'm going to call each of you at home if I'm wrong. COMMISSIONER SCHIFFER: Well, you should -- CHAIRMAN STRAIN: My number's unlisted. Good luck. COMMISSIONER SCHIFFER: You should have done your research before you got here. MR. BROOKER: I could find out. COMMISSIONER SCHIFFER: Clay, one suggestion I was just going to make, could you call the helispot a helistop with the ability to park the helicopter overnight? That way drag in the federal regulations. Kind of what he just said, yeah, but I mean -- MR. BROOKER: Or just -- either that or just call it a helistop, and in the definition, make it clear that we're allowed to park the helicopter there. COMMISSIONER MURRAY: That's interesting. MR. BROOKER: Either way, I think we get to the same result and my neck is on the line. Yours aren't. COMMISSIONER SCHIFFER: I mean, I kind of think the third term, which inherited -- which inherits helistop, and then adds one more thing to it, and so you don't get tied up in a federal reg. COMMISSIONER MURRAY: I would agree with that. COMMISSIONER SCHIFFER: What? COMMISSIONER MURRAY: That by just designating a helistop with the ability to park, that 1 think that seems reasonable. CHAIRMAN STRAIN: Then the rest of this where we've got the use as an accessory use for a principal use in an industrial, and other than that, basically it becomes a conditional use application. MR. BROOKER: Correct. CHAIRMAN STRAIN: That clears up concerns in that regard well. COMMISSIONER SCHIFFER: But I'm -- in other words, so what this is going to do is make helistops allowed without a conditional use? CHAIRMAN STRAIN: Only in industrial areas where they have a principal use. COMMISSIONER MURRAY: Right. Page 5 16"11 eAugust 16, 2007 CHAIRMAN STRAIN: Subject to all the rules and regs. which eliminates their -- no less than 1,500 feet from a residential zoning district and things like that. COMMISSIONER SCHIFFER: Okay. Well -- MR. BROOKER: And just for the record, when we say we're going to convert it to helistop, that's S- T -O -P, Tom oh Paul, and not spot, S- P -O -T, Paul oh Tom. COMMISSIONER SCHIFFER: That was helpful. COMMISSIONER VIGLIOTTI: You really confused her. CHAIRMAN STRAIN: I don't particularly like the idea of even to have this whole thing applied, but the fact that we do allow air transportation already in the district provides some -- is of some concern. And I think by implementing a standard that further defines what that is probably is to our benefit, not to our detriment, so that's kind of -- you know. MR. BROOKER: It is -- it does take -- arguably take private property rights away that currently exist. By converting something from a permitted use to a conditional use, but that's a will -- that's a step we're willing to take just to -- because my client basically funded this whole process. CHAIRMAN STRAIN: Any other comments made by anybody? COMMISSIONER MURRAY: Yeah. It protects the public. That's the more important thing, so -- CHAIRMAN STRAIN: Well, it's -- that's what I mean. It becomes more of an advantage. It helps with -- it provides more restriction than less by putting -- by implementing this, so just the opposite. COMMISSIONER MURRAY: And by that we have to help to protect the public. CHAIRMAN STRAIN: Right. I was just trying to make sure we understand why. Any other comments? Ms. Caron? COMMISSIONER CARON: Yeah. I just have a concern about business parks being included here. Are business parks included currently under -- CHAIRMAN STRAIN: No. ports -- COMMISSIONER CARON: Yes, they are, as a conditional use. CHAIRMAN STRAIN: Oh, okay. COMMISSIONER CARON: But under the current code, are business parks included for helistops, MR. SCHMITT: Turn to Catherine on that. COMMISSIONER CARON: -- or spots? CHAIRMAN STRAIN: How about -- you know, they say vertiport and vertistop. We haven't talked about that. COMMISSIONER MURRAY: Here we go. You got your Haraya ready? CHAIRMAN STRAIN: Catherine, are you checking on the question? MS. FABACHER: Yes, I am. It's in industrial. COMMISSIONER CARON: Only, not in business parks. MS. FABACHER: Not in business parks. COMMISSIONER CARON: So I don't see why they should be included at all, even as a conditional use. Business parks are not, for the most part appropriate, I would think, at least the business parks that I can think of in this county, would not be appropriate for helicopters to be coming in and out of MR. BROOKER: If you'd like me to respond. That was -- CHAIRMAN STRAIN: Go ahead. MR. BROOKER: We did not -- you know, my client's in the industrial zoning district. Our initial draft did not have business park in there. County staff thought it might be appropriate given the business Page 6 1 ugust 16, 2007 type uses in the business park zoning districts to include that as a conditional use for private use helistops and heliports. So that was a staff recommendation to add that in. COMMISSIONER CARON: Right. Mr. Brooker, I knew, and I had asked you that prior to the meeting, and that's why I was just getting clarification from staff on that point, not from you. I just think they're not allowed at all now and I don't think we should be adding them in. CHAIRMAN STRAIN: Does staff have a reason why they added it? I mean, if you have a good reason, why don't you tell us what it is. MR. SCHMITT: Well, there is none, other than the fact that when looking at the use and considering for a business owner, an industrial area, same as a business owner in a business park, and it would have to certainly be a large enough business park to accommodate it, if somebody wanted the same use. But that was the only reason. We put it in there thinking it was -- it would be almost a similar type of request. CHAIRMAN STRAIN: I think it would be better, if there's nobody asking for it, Joe, why don't we just leave it out. MR. SCHMITT: Fine, yeah. This was nothing more than a private petition which we tried to make it a little more broad. The conditional use would certainly still bring that before the public and -- for a discussion, but certainly it's your prerogative. We can strike it. Nothing more than to allow the use. CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: Yeah, I mean, I'd like to try to keep it in. I think there could be businessmen that would like to have access via helicopter to an office building some day. It's going to be a conditional use. It will come before a public hearing. So, you know, I don't see why -- make it just industrial just because -- I mean, what's wrong with a businessman? Or maybe Joe wants a helicopter. MR. SCHMITT: I'll give you an example. Looking at North Collier. You've got the North Collier Hospital which could bring an air ambulance in. Across the street is a business park. I'll use the name of a company, Arthur X, if he wanted to have an aircraft to land back in his area. Now, he may be too close to Pelican Marsh, but again, that was the issue. It was nothing more than to say, if they wanted it, they would be allowed to come and petition their government for the use as well. We can strike it out. It was nothing more than just an accommodation. It was their petition. We just kind of said -- CHAIRMAN STRAIN: Okay. Ms. Caron? Oh, I'm sorry. Mr. Schiffer, you wanted to -- COMMISSIONER SCHIFFER: Let me ask you a question. Would they still be allowed in a PUD? If somebody was developing a business park PUD, would they be able -- because that's where it's in the code right now, the PUD section. MR. SCHMITT: In the PUD as a use, they would list it as a use and it would have to be vetted publicly as a use. COMMISSIONER SCHIFFER: So someone could build a business park with helistops in it -- MR. SCHMITT: Yes. COMMISSIONER SCHIFFER: -- via that method. COMMISSIONER MURRAY: That's right. CHAIRMAN STRAIN: Ms. Caron, then Mr. Murray. COMMISSIONER CARON: But again, it would have to go through the public bearing process that way. MR. SCHMITT: Absolutely. COMMISSIONER CARON: And it would not be -- it would not be something that is considered -- Page 7 1611 A�gust 16, 2007 I mean, let's face it, conditional uses are considered appropriate unless -- and there are a list of criteria. I just think it's not permitted right now except in an industrial zone, and I don't see the need to change that. MR. SCHMITT: Fine. I'm comfortable. COMMISSIONER CARON: Again, if you want to use North Collier as an example, I think that would be a very good example. We back up and you're across the street from residential on both sides. I'm not sure it would be appropriate in that location, and I'm not sure that the neighborhood needs to fight even a conditional use hearing. Right now it wouldn't be allowed. MR. SCHMITT: Right. COMMISSIONER CARON: So I don't see why we should open the door. MR. SCHMITT: Okay. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Well, I respect Commissioner Caron's views, but I share Commissioner Schiffer's views that I'm thinking about the future and where business parks in the future may be, and the opportunity for a public hearing for the public should also be the same opportunity for someone desiring to have a particular facility. So I would be inclined to support that being -- remaining in there. CHAIRMAN STRAIN: Okay. Mr. Adelstein? COMMISSIONER ADELSTEIN: Yeah. Clay, I think he's made up his mind as to what he is doing. His client is here, and it's his responsibility. If he wants to do it that way first, if they send it in and turn it down, that's his problem. But right now the word doesn't make it that hideous to end it or start it from that direction. Now, it's his time, it's his money, and he's the client. CHAIRMAN STRAIN: I got a question for you, Joe. A business park is a PUD for the most part. Are there any that are not PUD? MR. SCHMITT: Wow, that's a good question. CHAIRMAN STRAIN: The only reason I'm asking is if they have to go through the PUD process, then they're going to have to list their uses, and they would have to address us in the process of a business park PUD. MR. SCHMITT: Yeah. Let me talk to David. David's walking out. He's saying, no, I don't know. No, in fact, the example I just used is a PUD. CHAIRMAN STRAIN: I know it is. MR. SCHMITT: It's Creekside PUD. COMMISSIONER CARON: Exactly. MR. SCHMITT: So they would have to amend the PUD. It's not simply just a business park. CHAIRMAN STRAIN: Unless we provided it as a use by right, then they may not have to amend the PUD, would they? Which is what is being offered here today, which that may be the concern. But I'm sorry to go sidetracking. Go ahead, David. I'm sorry. MR. WEEKS: For the record, David Weeks, Comprehensive Planning Department. Both of the existing business parks that are -- the zoning that is approved are both PUDs. The other one is on State Road 951, not yet developed. CHAIRMAN STRAIN: Is there a way to develop a business park in this county without going through the PUD process? MR. SCHMITT: Isn't it a zoning district? MR. WEEKS: I don't think so. It's structured as a subset of the PUD district. NMI" - 4gust 16, 2007 CHAIRMAN STRAIN: Okay. Well, then this seems to solve everybody's problem because the only way that you can have a business park then have a use for a helispot, heliport, whatever all those are, is to have the use listed, and then they go through the PUD process, which is fully vetted, so there's no reason to add the language then in this particular LDC amendment. It's covered. Does everybody seem to -- COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: --follow that? COMMISSIONER SCHIFFER: No. I was happy with the PUD process. CHAIRMAN STRAIN: Okay, good. COMMISSIONER MURRAY: Me, too. CHAIRMAN STRAIN: Then we're done. Okay. There's been a suggestion then on this one to change helispot to helistop. There's been no objection from the applicant as long as the reference is added to the definition so that he can park a helicopter there as well. Is there a motion to recommend approval of LDC section 5.05.13 with those changes we've discussed? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER MURRAY: (Raised hand.) CHAIRMAN STRAIN: Motion made by Commissioner Adelstein, seconded by Commissioner Murray. Any further discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTL• Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries, 8 -0. Mr. Schmitt? MR. SCHMITT: Just for the record, to clarify, under section C2 -A, you want to strike the words, and business park? CHAIRMAN STRAIN: Yes. MR. SCHMITT: Thank you. CHAIRMAN STRAIN: I'm sorry. That was -- does that meet with the motion maker and the second? COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Okay. And everybody, anybody have any objection to it? COMMISSIONER CARON: It's also under private use, helispots right now. MR. SCHMITT: Thank you. COMMISSIONER CARON: 4B. N= august t8" 2007 CHAIRMAN STRAIN: Good. MR. BROOKER: Yes. So all references to helispot are going to be changed to helistop. CHAIRMAN STRAIN: That's correct. And all references to business parks shall be taken out. And you got your definition with that additional sentence that you wanted. Okay. MR. BROOKER: Thank you. CHAIRMAN STRAIN: Thank you, sir. Catherine, next on the list is emergency generator revisions? MS. FABACHER: Yes, sir. And we have our expert for you today, Mr. Steve McManus with Excel Electric has graciously agreed to help us with this. And I do have a small PowerPoint presentation on some sound measures we took when you're ready for that. CHAIRMAN STRAIN: Okay. And we also need to know what page to be working from. MS. FABACHER: Okay. You're working in your book from page 77. And I also -- John handed out some new ones, if you don't have your book John handed out. But there are no revisions at the moment to this. Same one you got in your green book. CHAIRMAN STRAIN: Okay. Thank you. Go ahead, sir. It's all yours. You can state your name for the record and we'll be off and running. MR. McMANUS: Hi. I'm Steve McManus, the owner of Excel Electrical, a licensed electrical contractor here in Naples, Florida. CHAIRMAN STRAIN: You're Susan's husband? MR. McMANUS: I'm Susan's husband. We know each other, Mark. I've seen you. CHAIRMAN STRAIN: Yes. I thought so. Oh, good for you. Okay. Excellent. MR. McMANUS: And we've been actively involved in the generator business, as a few electricians have the last few years, you know, especially, post - Charley. We've installed everything from 15 kw's to a large 500 at WilsonMiller and a lot in between. And my understanding is is that they're trying to formalize the installation -- Pm sorry. I thought I had this off. Excuse me. And my understanding is the idea is to formalize in the land use code exactly how we're able to install these, to specify them, and as distinguished from other mechanical equipment that's already specified in the code. CHAIRMAN STRAIN: Sort of right. We were concerned last time about the noise and how much noise could be limited from these units and what to expect because the reference was for a noise level that would equal a manufacturing and industrial level. And my personal experience has been that you can buy a generator quieter if you're willing to pay for the installation. And we had got into that discussion. I think that's what got us to a point where Catherine suggested bringing someone in to answer those kind of concerns. MR. McMANUS: There are nowadays the manufacturers that make the smaller residential, everything from a 615 kw up to, say, 25 or 30, you know, for a larger home. They're making them better and quiet. We're Guardian, made by Generac dealers. We're most familiar from a hands -on standpoint with those. But other manufacturers like Coleman, Koehler, you know, make some similar products. One of the things I offered to do and we did do, I guess, two days ago, is we took your sound enforcement and code out to three installs that I had done. We looked at a 16K air - cooled, a 25K liquid - cooled, and 45K liquid - cooled, which is a pretty good representation of what you're going to have in this county in the residential application. And one of the problems is, the manufacturers, all of them for some reason, specify their sound Page 10 T 16 6gdst 16, 2007 levels at seven meters, 21 feet. Well, it doesn't do you much good if you've got a 10 -foot side setback on a house. So I think you've tried to get some real -world sound readings. And are those -- MS. FABACHER: Yeah. I have those, if you'd like me to go through those. CHAIRMAN STRAIN: Yes. It would be helpful to know what they were. MR. McMANUS: Yeah. There is some -- as he showed me, I learned a few things about sound, depending on where he's reading at and other structures' effects, the sound levels that he read. CHAIRMAN STRAIN: Did you read the proposed ordinance; did they give you a copy of that? MR. McMANUS: Yes. CHAIRMAN STRAIN: Did you see anything in there that could be done better in regards to protecting the neighboring public? MR. McMANUS: Yes. One of the response -- replies I made back was, I suggested that the exercise -- they use the term testing, but the general term is exercise because these things run once a week preprogrammed -- to be, that the hours with which the ordinance could apply I thought could be narrowed as opposed to, you know, your normal seven a.m. to 10 a.m. A lot of folks would be disturbed by that thing going off at nine o'clock at night. There's no loss of utility for the owner of the generator if you tell him he needs to exercise it between nine a.m. and five o'clock, for example, because it's automatic. Some people want to have it on weekends when they're there and they can make sure of it, but nobody has any reason to want to do it later or earlier. And even if these generators -- if you were to choose to allow some more noise, you could narrow, I thought, the range with which that would be allowed. In my experience, if this thing starts up and runs from 12 to 20 minutes, which is typical by the way, if that were happening at 11 o'clock or one o'clock in the afternoon, other than an unusual circumstance where you had somebody that is infirmed, that happened to be right there, that was -- but typically that's not going to disturb anybody. And they're not that loud. I mean, again, you're going to get figures. But I mean, some of these things are not much louder than an older, noisier five -ton air - conditioning used to be, something that's running 24 hours or a big pool system. And so that was one thing. The other thing about the ordinance is, it said something being biweekly. I don't think that's good because the residential units don't have adjustable timing mechanisms. They literally have a button, and whatever time of day you want to run them, you push the button, and from that point on it's going to do that every week. So it needs to be permitted weekly, in my opinion. The larger commercial generator has some programmability to it. But the ones we're talking about typically don't. The other thing would be side setback. I live in Autumn Woods. And between our homes we have -- we each have 10 feet to the property line, and every one of those houses is built to the max setback. So let's just -- let's call it 20 -foot separation. The 16 air - cooled generators that we typically install are 24 inches at a Y. The manufacturers are looking for at least three feet of clearance from the home. Some of it has to do with there's some UL issues associated with fire there. It's also just from a servicing standpoint. You have to have some room to operate on that side that's next to the house. The 16 case is 24 inches wide. So, you know, basically you're talking about the outside edge of this generator would be five feet away from the home. And in my cases with a zero -- with a zero distance to the setback, I'd be five feet -- I would incur -- excuse me -- I would -- what's the term? Page 1 l 1611 S" ugust 16, 2007 MS. FABACHER: Encroach. MR. McMANUS: Encroach, thank you. I would encroach into the side setback five feet, not 36 inches. If I happened to want a 24, 25 kw, liquid cool, which, again, in my size home -- and I have a 2,300 - square -foot house, but it would certainly be reasonable to want that. That could run my whole house, and that type of generator has some benefits as far as longevity over an air - cooled unit. More expensive, but some long -term benefits. That generator is 34 inches wide. So now we're up to about 70. Now we're getting even closer to the side setback -- or excuse me, the property line. We're already in the side setback. And now we're -- I understand the noise concern and I also understand the clearance to allow my neighbor to do what he's got to do, lawn maintenance, stuff like that. But I'm wondering if some more flexibility into that incursion number could be considered. And I had a thought, for what it's worth. What if you instead specified a minimum distance from the property line, not a minimum incursion into it? Because you'd address the issue of allowing your neighbor's lawn guy to get by, you'd have some issues, for instance, if you -- you know, the generator -- if my neighbor, if we put a hedge right on his property line, which he's allowed to do, I'd -- as a generator owner, I probably couldn't bunch up -- I couldn't go up against that because I'd have some problems with the manufacturer's requirements for clearance. Clearance is serviceability, it's also airflow, it's also distance from a flammable structure, which I guess a hedge could be. So I'd have -- those restrictions would apply to me. But on the other hand, if I'm with somebody and I -- and there is no clearance problem -- if rv, somebody could get -- reasonably get some lawn equipment by me -- now, maybe he can't get the full -blown -- well, I mean, if he could reasonably get lawn service equipment by, could we get some more ability to approach that property line? Because otherwise -- I'm fortunate. I'm on a corner, and I actually could be on the other side, but my neighbors two houses down, under the current proposed rules, could not place a generator on the side -- in their side yard because they would encroach -- they would go into the side setback more than you guys are proposing. And yet, in my opinion, if we were -- if we were to give them the ability to be five to six feet off, there -- and I'm talking about the side of the generator closest to their neighbor, that would still leave, let's call it three feet on my side plus all the neighbor's side, you know. I guess if two of them put generators right in line with each other, you'd still -- you'd still have about a four -foot bit of clearance if they happened to be, you know, mirror images of each other, but it would allow the clearances required. Noise -- I can't believe there's much material difference between a couple feet as far as the noise the other person's going to experience. The gentleman that helped me with the noise measurement said that they measure from 50 feet no matter what. They don't measure from the property line, if the ordinance is written and he takes his mic 50 feet wherever it is. So I don't see that as being an issue. The only other thought -- and I don't know if this is practical -- maybe you throw something in there that if for some reason a particular 20 minutes that some neighbor picks really is a burden for the neighbor, you know, their child naps at that particular time every day, their -- they've got an infirmed parent with them or spouse that, for some reason, that's nap time, if there could be something -- because it's so easy for the person with a generator to reset his exercise to a time that's not troubling to the neighbor -- how that could be administered, I don't know. But these were a couple things that came to mind. CHAIRMAN STRAIN: Boy, those ambiguous statements would get us in a lot of trouble. Page 12 16110 "kugust 16, 2007 MR. McMANUS: I mean, if you have a good neighbor and they say, look, do you mind resetting this for two hours earlier, they would, but I know that's not how you guys draft ordinances. CHAIRMAN STRAIN: No, and the county attorney loves that kind of stuff, too, so it gives him something to do. Did you want to ask a question before we get the sound measurements from -- COMMISSIONER CARON: Well, yeah. I just wanted to say that, actually this gentleman is lucky that he lives where there are setbacks that are at least 10 feet on the other side because most of us in the urban area live where the setbacks are a lot less, and we would be talking about seven and a half at most, so. MR. McMANUS: Well, could we use that as an example? If you had a seven - and -a- half -foot setback and we went with one of the smaller 16K units, you'd be right at two feet from the property line. Now, hedging can be an issue, but if you're two feet from the property line and then your neighbor has his seven and a half, how big of a problem is that for -- do you feel? CHAIRMAN STRAIN: Well, you can't authorize your lawn maintenance equipment, as an example, your lawn guy or anybody else, to go onto your neighbor's property to access your back yard, so he'd have to get by in that two feet. That's all you can count on. MR. McMANUS: Okay. CHAIRMAN STRAIN: So I understand what you're thinking, but it can't be done that way because you can't -- if your neighbor decides he doesn't like you one day and puts a fence up, your lawn guy doesn't get to your back yard now. MR. McMANUS: True. CHAIRMAN STRAIN: So those are things that we're going to have to see how we can fit into the code. Mr. Schiffer, go ahead. COMMISSIONER SCHIFFER: Yeah. One of the concerns I had last time is, we have a requirement at the rear to keep it 10 feet away, and I think we should be able to go closer to the rear property line. How big a problem is moving these away from the house? Obviously wires and -- MR. McMANUS: You mean to the rear of it? COMMISSIONER SCHIFFER: Correct. In other words, if we got ourselves out of the side setback, which is really a canyon; actually the worst place you'd want to be. And I'm more concerned about the noise after the hurricane because the fellow next door may not have a generator and the other guy's running it constantly. MR. McMANUS: That's a good point. If I could address your first question. By giving some more room to work in back, that is a solution. What happens from a cost standpoint is, is that most -- very typically the electrical service where you need to connect to where the transfer switch would be -- COMMISSIONER SCHIFFER: Right. MR. McMANUS: -- is going to be up, say, halfway down the garage, for example. Sometimes we're forced to do them on the other side and we go across the attic. I mean, some of those things happen. So now you're basically paying for underground wiring back to this area and the -- typically the gas propane installer -- and 90 percent of what we do is propane. There are some of these communities with natural gas, but the majority of them are propane tanks. Typically they're going to have to put that in the front of the yard both for -- and they are permitted in the front setback, as long as they're below ground. _. They currently are, and that's great. You're basically paying. So if I was to guess, the added cost for what you're talking about to go back 60, 70 feet and put it in Page 13 1611 august 16, 2007 the back, 15 -, $2,000. Now, to give you an idea, a rough budget for a 15K generator, fully installed and permitted by me with a tank, 500- gallon tank, which is appropriate for that size, fully -- turnkey price is around $12,000. So we might be adding 1,500 to $2,000 to that base price. The next guy up who does a 25K which, by the way, can cover a house all the up to probably 3,500 square feet, in that range, you know, that's a $22,000 generator. And, again, we would add a little bit more, but a similar magnitude of cost to it. So the cost is an issue. I mean, but, you know, people can pay for what they want. I also question whether or not you'd get into some issues in some of these communities as far as approval from a visual standpoint. Now, you could probably screen them in the back. But on the side it's real easy to screen them. But those are probably the two issues. The after -- the after - the - hurricane scenario, may I express an opinion on that. COMMISSIONER SCHIFFER: Okay. MR. McMANUS: I was told that -- of course, technically, you're not -- the noise ordinance will not be enforced because of the emergency state. That doesn't mean you guys shouldn't plan to make things better even though there won't be anybody out there with a sound meter, so I understand where you're coming from. I'm in these neighborhoods that are tight who may not -- may not do what we want to do here. And I tell them this if I'm Island Walk; there's just no place to put them. They will go down to Home Depot, they will buy a 17.5 kw, similar -size gasoline portable generator, they'll hire me to do a permitted proper manual transfer switch so it's all legal and proper, and that generator will probably be four times as loud, and it will be right up front, loud as you can be, during that period. Now, the next guy who doesn't buy the big one, he goes out and buys the 6,000 watt generator, for, don't know, 800 bucks and he wants his refrigerator. That generator, I can tell you, is probably double. I don't have these hard numbers but I know just from being around them. Horrendously noisy, and what you'll have is a whole street full of people doing that. So that, I think, should be factored into that after - the - hurricane thought process. COMMISSIONER SCHIFFER: Right. CHAIRMAN STRAIN: Go ahead. COMMISSIONER MURRAY: Do we have any that are diesel driven that you -- that are in this county? MR. McMANUS: There probably are some. They're typically the really large ones. COMMISSIONER MURRAY: Yeah. MR. McMANUS: For one of the -- a large home. If you had a -- you know, if you had a -- if you had a 20,000- square -foot house in Quail West, for example. They might consider diesel. There's a lot of downsides to diesel. COMMISSIONER MURRAY: I know. MR. McMANUS: And in today's world, most -- even from the owner, there's a lot of downsides. Most of them are going to always choose propane if they have the choice. I do think that a diesel generator in somebody's side yard is going to be a lot more objectionable. COMMISSIONER MURRAY: I would agree. MR. McMANUS: They're not necessarily noisier, by the way. Some of them can be very quiet. But there's going to be diesel fumes, and that neighbor you're talking about is really not going to like it. _. Propane is pretty innocuous in its exhaust. You know, you probably live next to propane pool heaters and don't even notice it, and it's a similar thing. So I mean, I think that's a factor. Page 14 e' 4ust 16, 2007 But the percentage of the ones done that are in the size range we're talking about are probably close to nonexistent. When you use them is people will buy toad (sic) diesels. They'll buy a used 25 kw unit, they'll haul it up their house and hook it up. But as far as fixed in place, you have fuel tank problems when they're fixed in place. Diesel fuel has to be maintained. Propane will sit in the ground for 20 years and not degrade at all. So unless you want a really big one, which typically you've got a lot of room to deal with the exhaust unit, it's typically not diesel. COMMISSIONER MURRAY: But we should be concerned with diesel in our evaluation of this because of the possibility that somebody -- MR. McMANUS: I think -- I think you could specifically exclude diesel from being permitted within this more liberal thing we're considering, and nobody can complain. I mean, nobody should complain about that because it's just not necessary to have a diesel generator. COMMISSIONER MURRAY: I would -- I respect and thank you for that. CHAIRMAN STRAIN: Catherine, do you have those sound -- MS. FABACHER: Yes, I do, Commissioner. On your screen, I gave everyone a copy of the noise ordinance, and we will be regulating, as Steve mentioned, will be regulating this through the noise ordinance and the noise ordinance levels and methods, so that's why I gave you a copy. So I'm going to show you what we -- all right. So under your noise ordinance, you'll see to the right the sound level limit. I think that last slide showed you that there's two measures they use. This is the first one, sound level limits. And you'll see to the right -- well, it has the times in the middle, but -- and the land use to the left, typed to the left, and then you'll see that manufacturing and agricultural are both 75. And I think we do not directly put 75 into the generator ordinance. We put in the same level as manufacturing and agricultural in the noise ordinance. The second one -- measurement is maximum sound pressure levels, and that's -- on the left is the -- I wish -- I wish code were here. On the left is in hertz, and those are the octave bands, and they call these the octave bands that they measure. Okay. We measured three units. We measured them at a distance of 10 feet, measured them at a distance of 18 feet from the unit, and measured at a distance of 50 feet. The 50 feet would be the measure we would use under the noise control ordinance. And the units we measured -- I'm sorry, Steve. Is it a 16 watt, kilowatt? MR. McMANUS: It actually was 16 kw, but very comparable to a 15 -- MS. FABACHER: But anyway. The three we measured was a 16 kw air - cooled unit, a 25, 1 guess I called it liquid - cooled unit, and a 45 kilowatt liquid- cooled unit. And obviously the air - cooled units are noisier than the liquid -- the internal. All right. Some of the factors that we found influenced sound level was the size of the engine. The smaller the engine, the higher the rpm it needs to run. The larger the engine, you can run at a lower rpm, so that's why they won't be as noisy. Another factor is the insulation. Obviously more insulation, less sound; less insulation, more sound. And a third factor was condition of the unit. A brand new, good- conditioned unit is going to have less sound whereas one that has a problem is going to make more noise, more sound. Okay. Now, the test measurements I'm about to give you were not adjusted for ambient sound which is -- which they measured in the neighborhoods. The background noise, which was lawn mowers, Page 15 118 A2pst 16, 2007 leaf blowers, construction activity, traffic was 56 to 58, the background sound at all of these sites. Okay. This is your 75 d/b /a, just your plain sound level limit, the one number. And if you'll look, the ones on the left that are underlined are the 50 -foot measurement. Now, these measures are plus or minus two hertz, that's the aero factor. So it's not until you get three over, until you hit 78 would you be violating this. So you can see that the 25 kilowatt at 50 feet did go over 75, okay. These others are the shorter distance. Now this is the bands, the octave bands. And it's the same on the left. It's the 15 kilowatt 15, 18 and 50; the 25 at 10, 18 and 50; and then 45 kilowatt at 10, 18, and 50. And the shaded areas are all where these exceeded the octave band or the sound pressure level limits. And that's it. There's your --your black line is really your regulatory line, and you can seethe way it's coded, that the 45 pretty much stays below. The blue, the 15 is surprisingly not too bad, huh, Steve? And the yellow, the yellow had a problem. The code enforcement officer who did the readings said that the yellow had kind of a rattle or something was loose on it, so that goes into our third factor of what kind of shape it's in because if something's loose, that's what the peaks are on the -- that's why the yellow one gets pulled above. MR. McMANUS: There's, I think -- I think also there was some oscillation in rpm on -- it's a custom of mine. We've got to go back and take a look and see if there's a reason. One distinction here, by the way, Guardian -- and I don't know if anybody else does this -- the exerciser units at 50 percent of their normal running load, rpm, they refer to this as their quiet test feature. So these will be louder when they -- when they run under load, not a lot louder. But I mean, well, I guess with db it's logarithmic, so they are louder. But they -- that's part of what they've built into these. And I think that 25 -- normally that 25's a pretty quiet unit. Part of the reason, too, that the 45,1 think, was -- performed as well as it did is they have the exhaust on one end and it's blended in with the out -- the escaping air. They don't have a stack sticking up. And he was measuring from property lines the way he would, and the 45 happened to be oriented away whereas he was directly in line with the exhaust on the other two. That might have been a little bit of a factor. But that 45 was running very quietly, too, on top of it, so -- COMMISSIONER MURRAY: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir, Mr. Murray. COMMISSIONER MURRAY: Sir, your -- I guess you -- Guardian is your preferred brand, is it? MR. McMANUS: I wouldn't call it preferred. There's some applications that -- we work with some others. But as far as this type of size for the price and the -- what you get for it, yes, I would say so. COMMISSIONER MURRAY: Okay. I wasn't trying to fix that part of it. What I was trying to determine is that -- your familiarity with other brands, the multitude of brands, is it fairly good? MR. McMANUS: It's decent. I mean, like I said, we -- you know, the largest one we ever did was a Koehler. And I know -- I understand the specs and operating systems. Cummings is certainly one we've worked with, and Guardian is the only one I know of now that uses this quiet test. COMMISSIONER MURRAY: Nice feature. What I would try to get at is the weakest link in the chain issue, and I was trying to understand whether you appreciated that while Guardian has certain benefits such as that low exercise feature, if you're aware that the other brands you may be familiar with are not quite as good in terms of those features and whether or not they would fall above the ambient -- well, they're certainly all going to be above the ambient, but above the 75 db. MR. McMANUS: They might. What I'd like to -- what I'd like to actually come back -- I don't know if this is going to be considered further. It would be interesting for me -- and I didn't do it before this Page 16 -. _. egust 16, 2007 meeting -- to compare what we measured against Guardian's published specs and see -- and then -- 'cause they all measure their specs for publication in a similar fashion, and then I'd want to look at that Coleman and Koehler and Briggs and Stratton and see -- and then we could maybe surmise that we'd have a similar relationship. So from the sense that the other units do not have the 50 percent feature, I'm thinking they're going to be noisier. Now, they do -- you can buy up in these other units a sound attenuated enclosure for premium dollars that will make them very quiet. I know that Cummings offers it and I know that the Koehler offers it. I don't know about a couple of the others. So there's some options with the other brands to create the -- you know, to control the db in more than one way. COMMISSIONER MURRAY: Yes. I really appreciate your expertise on this. It does put into perspective a number of issues. It needs a lot more -- a lot more evaluation, I think. CHAIRMAN STRAIN: Yeah. Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah. Just -- and I assume decibels is the vertical. What's the horizontal scale on this thing, on this chart? MS. FABACHER: It doesn't even show, does it? The horizontals are the -- the vertical was the hertz. COMMISSIONER SCHIFFER: Decibels. MS. FABACHER: No, those were the hertz. No you're right, those are decibel, I'm sorry. The horizontal is -- are the octave bands. I think it's eight and a half, 16, 31, 5. COMMISSIONER SCHIFFER: Okay. And how was -- when you were testing these, how were these things running? Were they running on exercise mode or -- MR. McMANUS: They're all in exercise mode. COMMISSIONER SCHIFFER: So full load would take them up higher? COMMISSIONER MURRAY: Oh, yes. MR. McMANUS: They'd be higher. Again, whether this is -- I know from the last time we had it out, you know, in my neighborhood there were five of these gasoline generators going. Of course, you guys, at this point in the game, there's no way to reg. that at all because your enforcement will be gone. So I think it should be compared against the option, which is going to be a portable generator. COMMISSIONER SCHIFFER: The state fire code regulates it by they can't be closer than 10 feet to a building when they're running because the fire departments wanted the ability to -- MR. McMANUS: You're talking about the portables? COMMISSIONER SCHIFFER: The portables. Because there's guys that put them in their garage. They're fueling them while they're running, while they're smoking a cigarette, you know, so -- MR. McMANUS: Oh, yeah, there's all -- and that's the other thing when we -- when we work with customers and you tell them you can't have it fixed in place. And they're -- you know, if we've got an older person, you know, it's five gallon cans of gas. I tell them, get your cans, but please don't store the gasoline in your garage till the last minute. All those issues associated with people that are -- right now the City of Naples has made it extremely difficult to do one of these, and there's lots of people at a lot of income levels that are reg'ed out of a generator and, you know, those folks are going to be, you know, taking gasoline cans around. COMMISSIONER SCHIFFER: Here's one thing, when you really think about it though, is, why isn't the front yard actually the best place for it? Because here's the sad thing is that not everybody has a Page 17 1 6 1 AU st 16, 2007 generator. So I'm in the house next door and you've put it in the canyon between our houses, and you're happily humming along there, you know, watching television and I'm trying to exist. So theoretically the best place is the front yard. The best place for it would be right up at the right -of -way at the front yard. And so, you know, I know it doesn't look good, but the point is that it's an emergency generator and you're really making it uncomfortable for the people that don't have them. MR. McMANUS: You know, I'm not -- of course I don't have one right next to my bedroom window either, so I can't sit there and say that it's never going to be a problem. I only know that when we were -- after Charley -- we had our own gasoline generator, too, by the way, in the last one. We shut it off at -- you know, because the fridge and everything would handle it, I shut it off at eight o'clock at night because -- but in that instance, we had four people in the street that ran them all night long, and it's about as miserable as it gets. COMMISSIONER SCHIFFER: Exactly. MR. McMANUS: That propane generator, if you were listening to it, even under load, because of -- even though it's got higher db because of the way it's sound attenuated, what you're hearing -- I tell you, I guarantee you you've got neighbors with older AC units that are as loud or louder. And if you were to be there to -- you know, the newest ACs are better, but I'll tell you, I've heard plenty of pool equipment pads, and because it's a pretty smooth, easy running noise, it's just not that bad, in my opinion, even if -- now, if I'm -- if my window's open and I've got this thing on my ear, yeah, it might be a problem. I'm not going to dispute that. A factor I've tried to bring into the conversation with the City of Naples though is, if you have a series at a given street, if you had 20 percent of the people that had these units, to me there's a real emergency preparedness element to it. What happens is, your neighbors come over right away with all their perishable food, and people share the refrigerators because they operate. Your kids come over and take showers at your house. It really, to me, is an asset on that street. There are probably people that might wind up in an emergency room that will wind up at your house in the air - conditioning. You know, the last storm was cool, but the typical storm is miserable, and for three days, and that's why I think this might justify a different angle than almost all the other mechanical equipment you can think about. COMMISSIONER SCHIFFER: Well, you know, that's the Disney script. That's not the real one, at least I've been around. What is the reason, and I guess, Catherine, that we're not allowing these in the front? I mean, obviously it would have to be screened, there's a vision problem. But the best place to put an air - conditioner would be on the garage side front of the house -- or a generator, not air - conditioner because that would be where the -- MS. FABACHER: Well, in front of the garage is the driveway. COMMISSIONER SCHIFFER: Well, obviously not in the middle of the driveway, but the -- that's where the noise would be the least disruptive to anybody. CHAIRMAN STRAIN: They're allowed in the front, aren't they? MS. FABACHER: No. CHAIRMAN STRAIN: I mean, it just says same as a principal structure. COMMISSIONER CARON: No, no, no. They're not permitted. CHAIRMAN STRAIN: Oh, I'm looking at the wrong one. MR. McMANUS: I would -- COMMISSIONER SCHIFFER: They're not that big, they're not that ugly. I mean, I have a \ f f Au uSt 16, 2007 Koehler 2,500, my parents do, at a place in the mountains, and it's a hum. It isn't even as bad as an air - conditioner, so -- but I wouldn't want my bedroom window to be six feet away. And remember, I don't have air - conditioning so I'm looking for cross - ventilation, and you're in my cross - ventilation. So in other words, the worst place, I think, we're putting them is the side setback. COMMISSIONER MURRAY: Is there -- CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRAY: Is there any way we can stipulate that if installation were made, that they were somehow separated to such an extent on a diagonal, if I can make myself clear? One could be toward the front, if the other would be toward the rear or that type of thing. Is that plausible? Will that help in any way? MR. McMANUS: You mean if you had two generators? COMMISSIONER MURRAY: Yeah. MR. McMANUS: Each neighbor had one? COMMISSIONER MURRAY: Yes. MR. McMANUS: Well, the -- COMMISSIONER MURRAY: Does that make any sense? MR. McMANUS: Well, the idea of how far, but the fact that you wouldn't offset them next to each other, I don't know if that's -- if that could be written that way, but it would certainly be beneficial because then you'd be -- you still get into a potential issue of your lawn guy having to go on the other guy's yard to do it. But, you know, yeah, I think that's practical. I mean, it would help me -- install -wise it certainly w could. As far as the front of the house goes, that in most cases would work, even -- even if you were -- I mean, if you had a house with a driveway straight in to the garage, then you would still be -- COMMISSIONER SCHIFFER: You'd have a setback, but you could get your trucks and stuff around it. In other words, I think the best place for it is as far front as you could get it or as far back as you could get it for the courtesy of the neighbor. I'm defending the guy next door who doesn't have one. For the guy that wants it, the side setback right outside the panel of the garage is the best location. But unfortunately, that's -- I'm representing the guy next door who doesn't have one, and it's 20 days without electricity or something. CHAIRMAN STRAIN: Based on what we've heard though, the current way this is written won't work for a number of reasons, but especially the decibel level. Looks like most all of these violated the decibel level at some point, especially on the property line. So this ordinance as it's being proposed today wouldn't have worked for any of the generators that were already installed. MS. FABACHER: No. I think it would have worked for the 45 and it might have worked for the 25 if it hadn't had some mechanical issues. CHAIRMAN STRAIN: Well, what about the 45 up at the 10 -foot setback? See, I know what the code says at 50, but if 50's on the other side of the house next door because the house next door is 10 feet from the generator, practically speaking, 10 feet from the generator is what we ought to be looking at. That is concerning in the way this is written. MS. FABACHER: Right. Nobody will pass it at 10 feet away. CHAIRMAN STRAIN: Well, that becomes a problem then in allowing it in the side yard, I would think, because not everybody's going to have a generator. They may decide to stay in their house and sleep, or try to, but if the guy next door -- and that means their windows are going to be open because the Page 19 If Aug2t 16, 2007 air - conditioning isn't on. The guy next door to the bedroom window is running a large generator all night at a decibel level of 80 or 84 to that bathroom window, it's going to be problematic for that other person. And if people have lost their temper in the air - conditioning during normal times when there's plenty of law enforcement around, during a hurricane or after a hurricane when there's no air - conditioning and they're sweating and upset and mad and there's very little law enforcement but a lot of guns maybe, it would be a bad thing to have people get mad at that time. And I'm wondering if the side yard is even a practical application. Maybe we ought to be looking at rear yards and front yards and not considering sides unless the side is so wide like in the Estates, for example, where you have 35 feet. That may be practical. But on some of these homes that are 10 feet apart or 15 feet apart, it may just not be a practical application. MS. FABACHER: True. We could leave it as it is with the three -foot encroachment, and if they can make that on the side, they can do the side, or they don't even get them within the setback, they could do the side. CHAIRMAN STRAIN: But if you have a side I0 -yard -- I0 -foot setback and you allow a three -foot encroachment, you're seven feet from the property line. If none of these generators give you a decibel level that's acceptable at the property line, the person next door is going to have an unacceptable level whether the code says it is or not. And I don't know if we want to create that situation by encouraging it. Maybe we ought to be encouraging front and rear and not sides. That's kind of where I'm going. And I think Mr. Schiffer hit it on the head; put it up on the street and let the county take the liability _ for all the problems might be one solution. MR. McMANUS: I would recommend not thinking in terms of it next to the street -- CHAIRMAN STRAIN: I'm being facetious. MR. McMANUS: -- but on the front though. But on the front -- like even the scenario where somebody's garage lines, there's no way to put it on the best side. If you were to install it on the other side, you're going to bring up some -- the cost of installation some. Many times what we would do -- because we have to do this sometimes -- we'd run our feed up in the attic and over and down. That's doable. We've had some situations where we've directional bored underneath driveways and pavers. It's going to add some cost, but if it resolves the problem, I don't think that's an undue burden. Do you feel like they -- if that thing is a concern -- on the front, and then how many feet do you think you'd have to be from the side to resolve the concern you have? COMMISSIONER SCHIFFER: I mean, here's the problem. Within the side setback, there is a canyon of buildings. So one thing none of these studies have taken into effect is the reverberation of sound coming down that canyon, so that's a disaster. And that canyon is the bedroom of a guy that doesn't have one. So I think that anywhere along -- off of the front of the building is actually the best place. MR. MCMANUS: Are you saying that on the side, if that's our driveway -- and let's assume we can't actually even be to this side of the driveway. COMMISSIONER SCHIFFER: Well, you could. There's always going to be some vegetation there. There's a setback of the building. No one's going to have a driveway. MR. McMANUS: No, no. The building's here -- the driveway, if that's where the garage is, is going to be lined up. COMMISSIONER SCHIFFER: Right. MR. McMANUS: But -- I mean, I'm not saying you're not right, but let's assume we even have to Page 20 1 6 1 1 Q aust 16, 2007 be here, which would work. COMMISSIONER SCHIFFER: Yeah, that's fine. MR. McMANUS: But what I'm getting to is, would you say -- would you propose putting it -- allowing it up to the edge of the building envelope if you run that down to the street, or what's your thinking there? COMMISSIONER SCHIFFER: Well, I mean, I think it could be in the front yard anywhere. I mean -- and it's really up to the person buying it to put it where they aesthetically want it. Let me just ask you a question right now. What kind of regulations do you have now when you go to install one of these? MR. McMANUS: Well, what they're -- there's the 36 rule incursion. There's a memo to operate and that was -- that's the way it's done now, that you can't -- that's been the practical operating thing. Has it been two years now? Susan drafted a -- MS. FABACHER: Susan, two years? MS. ISTENES: Close to two years. MR. McMANUS: Yeah. COMMISSIONER SCHIFFER: So it's an in -house memo kind of thing? MR. McMANUS: Yes. COMMISSIONER SCHIFFER: Okay. No, I -- CHAIRMAN STRAIN: Why don't we focus on providing some input right now to staff so -- I don't think we're going to resolve this at today's meeting. COMMISSIONER MURRAY: I agree. CHAIRMAN STRAIN: So that means on September 6th they can come back with some changes made based on comments that we've had and maybe some further input that you could have, Catherine, with Steve if he's kind enough to supply some review on it. MS. FABACHER: Understood, but let me say this, that code did these tests, but they said, if you wanted to get more in -depth to take up -- and all that, you'd need to get an acoustical engineer so -- I'm just saying that we've measured as much as we can. done -- CHAIRMAN STRAIN: I didn't suggest to re- measure. I suggested, based on what you've already MS. FABACHER: Right. CHAIRMAN STRAIN: -- it seems impractical to put these in the side yards and expect a reasonable level of sound protection; therefore, why don't we look at changing some things as suggested already. One is testing to exercising, the testing be done one time per week, maybe between nine and five instead of seven and 10, and that you look at regulating the location of these in some manner that's a little better than the side yards where the worst possible sound occurrence is going to be. And if it's in the front yard, maybe there's a setback it needs to be from the nearest principal structure on the neighboring property. That way you've got some distance. Even in the front yard you don't place it over on the side yard edge. Then you're not gaining anything. COMMISSIONER MURRAY: Right. CHAIRMAN STRAIN: So why don't -- and you come back -- why don't we put some thought into that portion of it. If there's any other comments from the Planning Commission, at least, then come back on the 6th with some more ideas. Mr. Midney, then Mr. Schiffer. COMMISSIONER MIDNEY: Yeah. I would think front yard would be better, that we should try Page 21 ) 4 "� A4st 16, 2007 to do it there because it would be less intrusive. And the other question that I had is, these are only going to be used in emergencies, temporary emergency situations, and we're also going to be allowing those noisier gasoline generators. So it almost -- I'm almost wondering why we're regulating the least offensive of the things. MS. FABACHER: Well, because if they are extremely noisy because they have a problem with them or something, it will come out during the testing cycle, the exercising cycle. And remember, we talked about the fact that if we're in a state of emergency and we have no power, there's not going to be anybody to go around and read the sound on generators. So we're not talking about regulating them during that time. We're just talking about looking at them for the testing cycle, the weekly operation. COMMISSIONER MIDNEY: Only for the testing when there's not an emergency. MS. FABACHER: Exercising. Well, that's what we're talking about. COMMISSIONER MIDNEY: I see. Thank you. And I think the front yard would be better. MS. FABACHER: Okay. MR. McMANUS: Could I -- I don't want to take any more time, but if I could -- I don't know myself. How do -- does any regs. that are passed ultimately, if you have an association that's basically going to say, hey, we're not letting you put any mechanical equipment in your front yard -- CHAIRMAN STRAIN: That's a deed restriction. That is outside the boundaries of the county's control, so -- MR. McMANUS: But if we -- if we re -craft this ordinance to try to come up with a practical solution and yet we're in conflict with, you know -- I don't know what -- percentage -wise how many of us live in an Autumn Woods, but a few of us do, and many of those people are generating orders, have we accomplished anything? CHAIRMAN STRAIN: Well, I think we're looking at front and rear yards. I mean, there might be a preference for the front yard, but I think we could write it up -- Ms. -- Catherine? MS. FABACHER: I think that's Steve's point though. If you have covenant restrictions on your subdivision -- you know, I know people who can't get an extra tree in their yard because of the covenant restrictions. No, and that -- Steve made a very good point. CHAIRMAN STRAIN: We don't have any control over covenants. It doesn't matter. We can provide the law. MS. FABACHER: I'm saying, but you're not giving them a real solution. CHAIRMAN STRAIN: Under no case would we if they've got covenants against it. What are we what are you trying to do? MS. FABACHER: I'm just -- I was just trying to clarify what he was saying. CHAIRMAN STRAIN: I'm just trying to understand. No. If they have covenants against these additions, what does it matter what we do? They're not going to allow them regardless unless they change their covenants. So if we provide a rule that works and then they change their covenants if they want to to abide by ours, and if they don't want to, the people can either live in the community they chose to live in or they can abide by the covenants and stay. I'm -- correct me -- Mr. -- Brad's been waiting, and then Mr. Murray. COMMISSIONER SCHIFFER: Anyway, I think -- well, first of all, I think we're going to let the side stay as you have it, which is the 36. If they have a covenant where they can't put it in the front, they can put it in the rear. I mean, if it was up to me, if I was king, it would be the far rear corner or something. Everybody would have them in the same spot. But one thing, Catherine, in the front one, put some sort of a -- have landscape look for a way to Page 22 16 11 August 16, 2007 minimally -- you know, we don't want a bunch of objects sitting on front lawns. And then one thing Paul kind of mentioned, is there a way that we could put a requirement for portable generators knowing we're not going to be able to go out there and control it? But I mean, what if we had a statute that said you can't have them within 10 feet of a building? That way if some guy is complaining and the neighbor put the generator right next to his window, at least you'd have something that you could point to and code enforcement could get him to move it right away. MS. FABACHER: But remember, we're not going to -- code enforcement's going to be busy with other things in the aftermath of a major storm. It's not going to be out measuring the level on portable generators all over the county. COMMISSIONER SCHIFFER: Right. But the fire officials had a problem, is that they couldn't -- there was no law that restricts anybody. You know, they were seeing them all over balconies and stuff. So they needed something so that if it ever came up where they needed it and they didn't have time to do this, same complaint, at least they had something to say, you know, get it away from there. You've got to have it 10 feet away. So what if we just threw a portable clause in there knowing that it's going to be very impractical to enforce, but if some guy puts his, you know, generator right underneath my window, I at least would have something to point to, or code enforcement, if they ever did get there. Anyway, a thought. CHAIRMAN STRAIN: Okay. Mr. Murray? COMMISSIONER MURRAY: You mentioned earlier that typical installation is 500 - gallon tank. MR. McMANUS: For a -- the smaller of the units. God, I thought I had this off. What is wrong with me? µ CHAIRMAN STRAIN: You've got -- COMMISSIONER MURRAY: Is that your timer working? MS. FABACHER: We're being charged now. MR. McMANUS: I can't turn my phone off. It's ridiculous. That would be a typical size tank for a 15 to - -1 recommend that for a 15 to 16K COMMISSIONER MURRAY: Okay. MR. McMANUS: As soon as a customer jumps up to a 25 kw all the way up to say 45 or maybe even 60k, I recommend they go to a thousand gallon. COMMISSIONER MURRAY: Okay. That's liquid, is it not? MR. McMANUS: It's liquid propane. COMMISSIONER MURRAY: Okay. So that means that there has to be a delivery to a location, and then there's a hose. MR. McMANUS: Yes. COMMISSIONER MURRAY: What's the typical length of a hose on these? MR. McMANUS: They can run them out at a good distance. And when I say good distance, I think I've heard up to 75 feet. But we always try to get them to put the propane tank in the front. COMMISSIONER MURRAY: Right. MR. McMANUS: There's no restriction now. And, of course, all you see in an underground is a little cap. And we tell them, look, put it as close as possible so that the guy with the hose isn't ruining your lawn, your flowers, you know, so -- COMMISSIONER MURRAY: And that's precisely where I want to go with the next phase of this. _. Now, you have a -- the soil has motion, and the question then becomes how much motion there is in the soil against the line. What kind of a line? What do we do to protect the line for the run? Page 23 gust 16, 2007 MR. McMANUS: You know, I mean, it's all installed per the codes associated with propane. I'm not -- I've seen a lot of it, of course. I'm not an expert on -- COMMISSIONER MURRAY: Oh, okay. You don't know. MR. McMANUS: But it's all been -- you know, it all meets the -- I mean, these standards are state standards and they're part of the -- COMMISSIONER MURRAY: I guess where I was working from is the distance of the fuel supply to the tube, delivery to the unit, and if -- the longer that line is, the more potential you have for issues. MR. McMANUS: I think so. COMMISSIONER MURRAY: And I would -- you know, putting it in the very rear, which might be ideally nice for noise abatement, might also have some other problems. This is really quite interesting. And I think we need to look at it really carefully. And I do agree with our chairman, I know that people do become angry, and we cannot say because that there aren't code enforcement officers that we don't have an obligation to try and make it better in advance because we have -- we're constructively -- we are aware that that potential exists. CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: Catherine, it needs some work, so we'll just bring this one back on the 6th. MS. FABACHER: All right. CHAIRMAN STRAIN: Steve, thank you very much for your time. COMMISSIONER ADELSTEIN: Thank you. CHAIRMAN STRAIN: I think Catherine's got your contact number. MR. McMANUS: Oh, yeah. Thanks a lot. CHAIRMAN STRAIN: Thank you, sir. Okay. MS. FABACHER: We'll shift gears to drainage. And Stan's going to -- has come back with the maximum impervious area restrictions and lot cover restrictions on lots, and that is -- you got a new one, but it's in the -- originally in the book it's on page 101, but we gave you a new one with his changes today. MR. CHRZANOWSKI: Good afternoon, Commissioners, Stan Chrzanowski with Engineering Review. The changes were at the start of the document. The commissioners wanted the exceptions added up front so they'd be more clear. The exception for any application within boundaries of a project having a water management district permit and central surface water management collection storage treatment and discharge system and exception for any application submitted prior to 1 July, 2008, which is a year away. It's about six months after we adopt this, because when we did the fill pad ordinance, we ended up giving them three months because there were so many projects in the system. And it took a while for people to adapt to what we were doing. So this time we're allowing them six months so that they can read the ordinance, get familiar with it, and we'll start enforcing it when they all know that it's there, and a one -time addition for certain -sized homes as set forth below, which I'll go over later, and applications accompanied by a stormwater management plan, signed and sealed by a registered Florida professional engineer. And the one -time addition, at the very end, in any case, see the one -time addition the existing residents will be allowed, after July 1, 2008, the additional -- 3 percent of the lot area up to a maximum of 1,000 square feet, as long as that one -time addition does not exceed the area in the previous table by more than 3 percent of the lot area or more than 1,000 square feet. So if you're already above that limit, we're not going to give you the addition. But if you're below that limit, we'll give you the addition up to where you are at that limit. Page 24 Au4st 16, 2007 CHAIRMAN STRAIN: The impact you're talking about though is -- the one -time addition would have to be in increasing the footprint because someone could go up and not have a further impact, couldn't they? MR. CHRZANOWSKI: Correct. CHAIRMAN STRAIN: How is that -- how is that -- MR. CHRZANOWSKI: We don't care if they go up. If you want to build a second floor bedroom, this doesn't affect that. CHAIRMAN STRAIN: I realize that. Do we need to say that though? MR. CHRZANOWSKI: Do you want to say it? I didn't -- I don't -- I'm talking about impervious coverage. I don't think there's any need to say it. CHAIRMAN STRAIN: Okay. I just was asking, Stan. I wanted to make sure that someone couldn't be prevented from building an addition up. MR. CHRZANOWSKI: Through the whole process, we stressed that this doesn't stop people from building up. We'd prefer that they built up rather than out, but that's only because we're engineers. Other people prefer it if they don't build up. COMMISSIONER MURRAY: Who are they? MR. CHRZANOWSKI: Most of the people I deal with. CHAIRMAN STRAIN: Are there any -- COMMISSIONER SCHIFFER: I have one. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Stan, this looks really good, and the format is really good. MR. CHRZANOWSKI: Thank you, sir. COMMISSIONER SCHIFFER: The only question I have is, and it's because it kind of resembles the tax code, is the lot coverage. The intent of the greater than 11,000 square foot clause is that you say plus 5 percent in excess. That could be interpreted to mean you're only allowed 5 percent coverage to add to that, but doesn't that really mean that you can calculate at 30 percent if your lot is bigger than 11,000 feet and wider than 100 feet? MR. CHRZANOWSKI: Say that again. COMMISSIONER SCHIFFER: In other words, the way this is worded says, your ground coverage allowed is 27,5 -, which is 25 percent of 11,000 square feet. MR. CHRZANOWSKI: Right. COMMISSIONER SCHIFFER: Plus 5 percent in excess of 11,000 feet. Does that mean you're only allowed to add 5 percent in the additional area to that number? MR. CHRZANOWSKI: Yes. COMMISSIONER SCHIFFER: Does that mean you're allowed ground coverage of 20 -- or 30 percent if you have a lot bigger than that? MR. CHRZANOWSKI: It means you're allowed -- if you have 15,000 square feet here, you have the 2750 from the first 11 and 5 percent till the next 4,000. COMMISSIONER SCHIFFER: That's all? MR. CHRZANOWSKI: That's all, yes. For example, if you said it about the tax code, it does penalize the higher -use properties, the larger properties. COMMISSIONER SCHIFFER: Okay. Because I really thought what you were talking about is that means that if you have a lot larger you can have 30 percent coverage because you have so much more impervious area_ Why would you -- in other words, so if you were graphing that, it would go at that 25 Page 25 A4st 16, 2007 percent rate, or one -to -four slope, and then it would almost flatten out. MR. CHRZANOWSKI: Yes, it does. It flattens out quite a bit. Would it make it clearer if I put 5 percent in excess -- 5 percent of the area in excess of 11,000 square feet? COMMISSIONER SCHIFFER: Well, I mean, that would make it clearer, but that wouldn't be -- MR. CHRZANOWSKI: You don't like that? COMMISSIONER SCHIFFER: I don't like that. And, you know, Mark, when we had the moratorium, we were, you know, talking to the realtors and wondering where they were. Where are they now? Because this would be -- this means that a guy who buys a big lot which has a lot more pervious area -- or impervious area, is -- or pervious area is being denied the ability to build. MR. CHRZANOWSKI: That's why I gave you that chart with all the Excel spreadsheets showing the different subdivisions. COMMISSIONER SCHIFFER: Right. MR. CHRZANOWSKI: It looks -- the smaller subdivisions are not harmed by this. Harmed is a bad word. Not as affected as the larger lot subdivisions. But most of our complaints come from the larger lot subdivisions. COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: This basically restricts your buildable area, the higher and greater you want to build on a bigger lot, is that -- MR. CHRZANOWSKI: Yes, sir. CHAIRMAN STRAIN: So your mega -homes would have to be restricted to smaller lots based on this, and your smaller homes be restricted to bigger lots; is that -- MR. CHRZANOWSKI: Again, please repeat that. CHAIRMAN STRAIN: No, that's okay. COMMISSIONER SCHIFFER: What it is though is obviously you can hire an engineer and that number doesn't mean anything to you. So it's really essentially the civil engineer annuity act we're putting together. MR. CHRZANOWSKI: Well, there's more room on a larger lot to do water management. If you were in the Pine Ridge Subdivision with a one -acre lot and you wanted to build a substantial structure, you have a lot more room than you have in, say, Naples Park where you have a very small lot. You have a lot more room to do that water management. COMMISSIONER SCHIFFER: But I honestly thought, and it seemed fair to me, that if your lot was bigger, your percentage could get bigger, because you really do, you know, have the ability to take that water off better. CHAIRMAN STRAIN: It can. It's -- MS. FABACHER: It's taking off. COMMISSIONER SCHIFFER: So get the engineer -- get the engineer, right? Okay. MS. FABACHER: Okay. I'm sorry. CHAIRMAN STRAIN: Ms. Fabacher? MS. FABACHER: I'm sorry. It's not the taking off. The fact is -- and I appreciate your comment about the Engineering Employment Act, but the point is, is you're not to shed on your neighbor. If you don't have a backbone system in the stormwater permit from the state, then you don't have the capacity and you need -- if you want to go bigger than this standard, then you need a store on your lot with a pond or swales. So it's not about shedding it, because that's what we're trying to prevent is shedding it to your Page 26 6� August 16, 2007 neighbor and increasing your peak runoff along with the impervious area and not accounting for that because this is totally for the subdivisions that are older and having infill redevelopment. It's not subdivisions. They have everything they need. So I'm saying it's not just to get the engineer. You've got to put a system in. CHAIRMAN STRAIN: Okay. Brad, you are right about the annuity guy. I sent this, along with some of the others, to a couple engineering firms for comment. I got no comments back. Now I know why. COMMISSIONER SCHIFFER: But you will get Christmas cards. CHAIRMAN STRAIN: Okay. With that in mind, are we -- I think we're ready to vote on this. Anybody have any -- I don't think we need any continuance. So is there a motion for approval of 6.05.0IF? COMMISSIONER MIDNEY: So moved. COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Mr. Midney moved, Mr. Adelstein seconded. COMMISSIONER MURRAY: I have a question. CHAIRMAN STRAIN: Discussion? Mr. Murray? COMMISSIONER MURRAY: Yeah. Did -- Mr. Schiffer wanted to put that plus 5 percent of the area in excess. Do you still want that? COMMISSIONER SCHIFFER: Yes. I think just to be -- because I honestly, up to this point, thought that the bigger the lot you could have 30 percent. COMMISSIONER MURRAY: I think it makes it clearer. COMMISSIONER SCHIFFER: So people like me can be confused. MR. CHRZANOWSKI: I wrote it down. I'll add it. COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: I don't think we need to stipulate. It will just get done. All those in favor of the motion, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTL Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries, 8 -0. Okay. I hope the guards downstairs are watching all this paint drying here today. MS. FABACHER: Okay. All right. And next we're going to talk about off -site drainage, and it's in page 115 of the original green book, but I've given you a revision. And Tom Kuck, Director of Engineering, is going to talk about this amendment. MR. KUCK: Yes. For the record, Tom Kuck, Engineering Director. COMMISSIONER MURRAY: What page? MR. KUCK: Page -- the changes were made on page 117. Page 27 { l hlast 16, 2007 MS. FABACHER: Page 115. MR. KUCK: And it starts on page 115. MS. FABACHER: Page 115. MR. KUCK: But the change was made on 117 at your direction, and I think it reads better than before. And I'm just going to refer to subparagraph Roman numeral 10. We changed to the current phase of the development versus, I think, before it was for the whole development. So we reduced it down, so I think that was a good comment that you picked up. And so we made that modification. Then in -- below that in paragraph A, we inserted the word establish. And I forget what we had before. MS. FABACHER: Addressed. MR. KUCK: Pardon? MS. FABACHER: Addressed. MR. KUCK: Okay. Addressed, so we changed that to established as you recommended. And in that same paragraph we inserted the word stop work order at your direction which reads better. And that's basically the only changes we made. CHAIRMAN STRAIN: Tom, I have one or two comments. MR. KUCK: Okay. CHAIRMAN STRAIN: In the first group of changes where you added the words associated with current phase of development. MR. KUCK: Yes. CHAIRMAN STRAIN: It's on page 117. MR. KUCK: Yes. CHAIRMAN STRAIN: After where it says associated with, can we add the words, and necessary to service the current phase of development? The only reason I'm asking that is because I would want to make sure that the current phase of development fully serviced the areas that were going to be constructed. Is there any fear that that couldn't happen? Do you feel that is a -- I don't know. I'm just trying to wonder if that's something that's needed or not. MR. KUCK: Probably not needed, but okay. CHAIRMAN STRAIN: Okay. That wouldn't be necessary from your perspective? MR. KUCK: No. CHAIRMAN STRAIN: Okay. And then the next question would be, we had the being halted and now we've got a stop work order in A. MR. KUCK: Yes. CHAIRMAN STRAIN: The last sentence up above, the last two lines in number 10 above it says, in the operation prior to commencement and construction of on -site improvements. If the system has to be installed and working prior to the commencement of construction of on -site improvements, what would be what would we be issuing a stop work order on? MR. KUCK: In the event that they didn't put that in and they started the construction to the infrastructure before they put the perimeter or the off -site drainage, we would put a stop work order on the infrastructure on the -- that phase of the development. CHAIRMAN STRAIN: Okay. So it wouldn't hold up their permitting. And if they wanted to -- MR. KUCK: No. They would already be then permitted to do the infrastructure. And if they went and did these on -site developments and infrastructure construction prior to addressing the perimeter drainage, then we would red tag the interior part of the project until they got the perimeter drainage Auist 1`6, 2007 installed to our satisfaction. CHAIRMAN STRAIN: Okay. Anybody else have any questions? (No response.) CHAIRMAN STRAIN: Hearing none, is there a recommendation to approve LDC section 10.02.05.a.2? COMMISSIONER CARON: Motion to approve. CHAIRMAN STRAIN: Motion made by Commissioner Caron, seconded by? COMMISSIONER ADELSTEIN: I'll second it. CHAIRMAN STRAIN: Mr. Adelstein. Any further discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries, 8 -0. Thank you, Tom. MR. KUCK: Thank you. MS. FABACHER: Okay. Commissioners, I think we're down to the last one, and this was going to be -- David Weeks is here to talk about signage for GMP amendments revision that he's been working on. And -- CHAIRMAN STRAIN: Can you give us a page? MS. FABACHER: Hang on. Page 119, but you -- okay. Yeah, David? MR. WEEKS: For the record, David Weeks, Comprehensive Planning Department. Commissioners, at the last hearing, you had asked for or I had proposed a few changes and you wanted to see those before we went forward, and those have now been reflected in what Catherine has handed out or provided to you. MS. FABACHER: Well, I haven't handed it out yet. MR. WEEKS: Oh, sorry. MS. FABACHER: I sent it to them but I forgot to give them the hard copies. MR. WEEKS: And the areas of change are highlighted in blue. COMMISSIONER MURRAY: Blue, yeah. MR. WEEKS: On the handout that Catherine is providing, the areas of change, again, in blue highlighting, is on page 2 of the handout, and they are over on page 5 and 6 of the handout. CHAIRMAN STRAIN: Okay. MS. FABACHER: That's what I remember. CHAIRMAN STRAIN: Are there any questions? David, you look like you're in -- MS. FABACHER: Consultation. Page 29 1 6 1 l a' 2gust 16, 2007 CHAIRMAN STRAIN: Consultation. Anything else you want to add, or are we all set? MR. WEEKS: Thankfully not. CHAIRMAN STRAIN: Okay. If there's no questions from the Planning Commission -- COMMISSIONER MURRAY: Move to approve. CHAIRMAN STRAIN: There's a motion to approve LDC section 10;141, made by Mr. Murray, seconded by Commissioner Adelstein? COMMISSIONER ADELSTEIN: I don't care. CHAIRMAN STRAIN: You don't care? COMMISSIONER ADELSTEIN: I want to do it, yes. CHAIRMAN STRAIN: Okay. Motion's been seconded by Commissioner Adelstein. Is there any discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries, 8 -0. David, thank you. MR. WEEKS: Thank you. CHAIRMAN STRAIN: And Catherine, that leaves us for the outdoor service area revisions, emergency generator revisions, BMUD /GMUD revisions, final plat and filing deadline revisions, and the lot width measurement definition. MS. FABACHER: That's what I have, Commissioner. CHAIRMAN STRAIN: Okay. So all those need to be continued until the next date, which will be on September 6th at -- let's do it at 8:30 in the morning so we can get it on and get it over with. MS. FABACHER: Oh, you mean before the regular meeting? CHAIRMAN STRAIN: Yeah. MS. FABACHER: Okay. CHAIRMAN STRAIN: There's plenty of public notice -- MS. FABACHER: So we're continuing this public hearing until 8:30 a.m. on September -- it's Wednesday, September 6th. CHAIRMAN STRAIN: Right. Then our regular hearing will follow immediately after that. Now, if we can --and I'm just wondering. Jeff, do we have to put a time certain to start the regular hearing or can we just say they both start at 8:30? MS. FABACHER: Excuse me. I think Joe's going to tell you that we've already advertised 8:30 for the regular meeting. Page 30 1611 $ August 16, 2007 2 MR. SCHMITT: We've advertised 8:30 for the regular meeting, but I thought -- and I'd have to look at my notes. Didn't we give a time certain for the school board for their presentation? CHAIRMAN STRAIN: The 20th of September, not on the 6th. MR. SCHMITT: No, no. The 6th was the -- CHAIRMAN STRAIN: The 6th was their presentation about what they're going to give us on the 20th. MR. SCHMITT: Right. CHAIRMAN STRAIN: The 20th was their expert who has to be in and out before the board meets that afternoon. MR. SCHMITT: All right. CHAIRMAN STRAIN: So on the 6th then we're going to have to -- I didn't bring my agenda for the 6th with me. MR. SCHMITT: Neither did I. CHAIRMAN STRAIN: Neither did you. MR. SCHMITT: I'm afraid I've left it all back at my desk. CHAIRMAN STRAIN: Let me see if I have anything. No, I don't. Does anybody know our agenda for the 6th? I know we have the school board presentation and we had a water treatment or water facility. COMMISSIONER MURRAY: Is this what you're talking about? CHAIRMAN STRAIN: No, there's another one out there somewhere. Jeff, if we set the time intentionally early and we run over, we can just announce we're going to continue it, or is that not a good thing to do? MR. KLATZKOW: I'd almost rather we do the land development and do this after the regular hearing. CHAIRMAN STRAIN: Oh, I know. That's what I'm trying to get at. MR. KLATZKOW: You don't need to do a time certain. Just it will be a regular agenda item. So following your regular agendas, we'll do the land development. CHAIRMAN STRAIN: We'll continue this meeting to a regular agenda item on the September 6th meeting. All those in favor of that idea -- COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: -- for a continuance, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Okay. We're continuing to September 6th. This meeting is over with for now. Thank you all. Page 31 611 ld August 16, 2007 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:28 p.m. COLLIER COUNTY PLANNING COMMISSION V MAR C STRAIN, CHAIRPERSON TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI L. LEWIS, NOTARY PUBLIC. Page 32 Fiala Halas rip . F a August, 2007 Coyle . 4�� - r NSCRIPT OF THE MEETING OF THE Coletta _ ACg 44ER COUNTY PLANNING COMMISSION Naples, Florida August 16, 2007 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Lindy Adelstein Donna Reed Caron Tor Kolflat (Absent) Paul Midney Robert Murray Brad Schiffer Russell Tuff Robert Vigliotti ALSO PRESENT: Ray Bellows, Zoning & Land Dev. Review Joseph Schmitt, Community Dev. & Env. Services Jeffrey Klatzkow, Assistant County Attorney P Page 1 Misc. Corns: Date: Item #: Copies to: 16 f 1 z u�t 16, 2007 CHAIRMAN STRAIN: Good morning, everyone. Welcome to the August 16th meeting of the Collier County Planning Commission. If you'll please rise for the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) Item #2 ROLL CALL BY CLERK CHAIRMAN STRAIN: Thank you. If we could have the roll call by our secretary. COMMISSIONER CARON: Mr. Kolflat is absent. Mr. Schiffer? COMMISSIONER SCHIFFER: Present. COMMISSIONER CARON: Mr. Midney? COMMISSIONER MIDNEY: Present. COMMISSIONER CARON: Ms. Caron is here. Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Adelstein? COMMISSIONER ADELSTEIN: Here. COMMISSIONER CARON: Mr. Murray'? COMMISSIONER MURRAY: Here. COMMISSIONER CARON: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Here. COMMISSIONER CARON: And Mr. Tuff? COMMISSIONER TUFF: Here. CHAIRMAN STRAIN: Almost a full board. Mr. Kolflat is on an excused absence today, as we all know. Item #3 ADDENDA TO THE AGENDA Addenda to the agenda. And I know our bearded county attorney -- by the way, I have to say that he's letting his catch up -- may not be the one to ask for the continuance, but I understand there has been a continuance requested. Although the application today was asked for by the county attorney's office, so I'm assuming they concur with the request? Does anybody know? MR. BELLOWS: For the record, Ray Bellows. Yes, staff is in concurrence with the request to continue. CHAIRMAN STRAIN: And that will be for the Cocohatchee review of the Bert Harris claim that was remanded to the Planning Commission by the Board of County Commissioners. Ray, during the time period between now and the next time it can be heard, which I'm sure you'll try to schedule appropriately, but I believe it's going to be in November, I think the Planning Commission could get more I paperwork involved in this issue. One thing I would like to see each of us have is a copy of the permits that have been issued for the project in regards to the Corps permitting. There's a package available from the environmental department Page 2 s� 16/1 SAu ist 16, 2007 that I'm sure we all could benefit from reading. And Ray, the other thing is I think it would be helpful for us to see a strike - through version of the PUD that's affected by the changes that are requested in the settlement agreement. Then we would understand how those impact the PUD as a whole. And I think that would be important to a good evaluation, as requested of us by the Board of County Commissioners. Is that something that staff could do between now and November? MR. SCHMITT: The -- for the record, Joe Schmitt. The strike- through and underlined PUD has never been prepared. It was the opinion of the county attorney that the settlement agreement, for all intent and purposes, is the amendment that becomes a supplement to the PUD. So there's never been a strike through and underlined. The intent of the settlement agreement was not to amend the PUD. But if I'm hearing from you that's the way you want it to go and that's the way you want it presented, I mean, I'm going to probably have to look to the applicant or the property owner to look at that as well. It's in effect almost a new application then. This is not a PUD to PUD rezone. CHAIRMAN STRAIN: Joe, I know you may be going in a direction I'm not trying to go in. I'm simply thinking that -- I mean, I could be wrong. And so before we go too much further, let me explain what I think would help, and then let me ask the other panel members if they agree with me. And if they do, I can ask the county attorney if we have the ability to request this, which I believe we do. And if we do, let's just get it to us. My purpose is that those development standards within the settlement agreement have various impacts on different paragraphs of the PUD. In fact, they introduced a new use that has different developmental standards that if they were added to the developmental table it might be more helpful to understand how they apply. Secondly, if a staff member in the future was ever to pull up the zoning on that piece of property and they were to look for the Zoning Ordinance 2000 -88, it would certainly be nice if all the development standards were in the ordinances they were looking at, instead of them having to know that there may be a settlement agreement involved in this case. I was thinking it would be certainly a better way, an easier way for this panel to evaluate it as requested by the board. That was the only reason I was asking for it. MR. SCHMITT: And I don't argue that point. CHAIRMAN STRAIN: Okay. MR. SCHMITT: My problem is how do I fund and pay for a fund for that service. And that's the issue here. I would have to put staff on that, and it becomes an issue I have to deal with internally as to how I would provide that service. Because the settlement agreement, there's no application fee, there's nothing involved in that. I would have to go back to the board to address with the board how something like that would be funded to pay for the services that are being provided. I may have to turn back to the applicant to pay for that. CHAIRMAN STRAIN: Well, before we go too far, Mr. Yovanovich, are you here to save the day? MR. YOVANOVICH: I'm here to help you, if I can. CHAIRMAN STRAIN: Thank you. MR. YOVANOVICH: Rich Yovanovich, for the record. I represent one of the parties in that settlement agreement. I think what you're saying, Mr. Strain, is you would like to see the very few provisions in the PUD that are being amended by this PUD in a strike - through and underlined version. For example, one of the structures goes from 15 stories to 17 stories. You'd like us to strike the If and put the word 17 there in that one document so you could see all of those changes. Page 3 16 11 -2, r Augt 1612007 CHAIRMAN STRAIN: Exactly. And a couple -- MR. YOVANOVICH: Let me ask you a question. What we had originally anticipated doing and we were told not to do it, for whatever reason, is we had a settlement agreement with an Exhibit A attached, which would have been a development standards document, which would have been the PUD document exactly as it used to be with the 15 struck, showing 17, a new development standards table for the single - family development that's allowed on the east side of the road. We were going to attach that to the settlement agreement so you would have one unified document to look at. We were told the preference was that we leave the PUD alone and have simply an amendment that refers to the paragraphs that are being changed. To us it's six to one, half dozen of another. We can do it either way that the county thinks is the best way to assure that whoever's reviewing subsequent submittals is reviewing the complete document. CHAIRMAN STRAIN: Well, I -- from my perspective I know that I could -- MR. YOVANOVICH: But I don't want to go through a PUD amendment process. We want to go through the process we're going through. But as far as providing you the information you need to understand the change to the underlying PUD, we could provide that document. MR. SCHMITT: And Rich is correct. Basically there's been several iterations of that strike through and underlined. We've been through the negotiations. And then at one time there was an there was an opinion rendered that the method would be simply to proffer to the board a settlement agreement. Then the settlement agreement for all intent and purposes would be an addendum to the PUD. But I agree and don't argue with exactly what you're saying. It's just a matter of to do that and to figure out what kind of staff needs to be devoted to that in order to provide you with that. Because r., basically it would provide you, and the board certainly, but you as well a kind of an easier road map as to what is being amended by the document. We'll look at that, I'll figure out a way that I've got to deal with it. But that's something financially I'll have to determine internally how I deal with that and whether I have to go to the board for a budget amendment to pay for that. MR. YOVANOVICH: It's a simple document -- I'm sorry, I didn't mean to -- MR. SCHMITT: But it's the county's presentation to the board. CHAIRMAN STRAIN: Okay, you guys can talk about all this stuff, you can come up with excuses as to why you don't want to do it. The prerogative of this board -- not you, Richard, I'm saying Joe and anybody -- if this board wants it, you're obligated to provide it. We have an enabling act that gives us that right to ask for additional studies when and if we feel like them. Ms. Caron, do you have any comments? COMMISSIONER CARON: Well, I was just going to say, yeah, I don't see where it's a very big deal. And the petitioner has offered to at least submit it to you. You can then take a look at it and if you don't like it then you can try to find a budget amendment and get it done however you'd like. But I don't see where it has to be all that involved. CHAIRMAN STRAIN: Brad and then -- COMMISSIONER CARON: I'll give you my copy. COMMISSIONER SCHIFFER: I just had one thing. In studying it, I wasn't sure of the --could I have something that shows the chain of ownership of the project from the milestones? The one would be the first PUD, second would be the amended hearing, and then today. CHAIRMAN STRAIN: Okay, Ray, is that doable? MR. SCHMITT: That was not in the PUD amendment packet that -- COMMISSIONER SCHIFFER: You could e -mail and tell me where it is, if it is. 161l Au list 16, 2007 CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Yeah, my only question is would we be talking about an entire strike through for the entire PUD or just a few pages that are appurtenant to it? CHAIRMAN STRAIN: Well, whatever pages have to be struck through to be consistent with the settlement agreement. If it's -- COMMISSIONER MURRAY: Okay. So just those appurtenant pages. COMMISSIONER ADELSTEIN: Right. CHAIRMAN STRAIN: Well, we'd have to get the whole PUD. But not every paragraph may be affected by a strike through. The fact that they've eliminated R -1 and R -2 and dropped down to R, that certainly will affect more than a few paragraphs. So someone has to go through it. And I've actually done part of it -- COMMISSIONER MURRAY: I'm sure you have. CHAIRMAN STRAIN: -- trying to be prepared for today until I heard today was going to be continued, so I pulled off of it. But I thought coming from staff over the next months or two it would be a lot handier having it in the norm than we're used to. And if that was the concurrence of the rest of you, then we ought to get it done. COMMISSIONER MURRAY: My only thought was I read the documents in the sense that the settlement agreement was intended to be the final subordinating agreement in terms of where it fixes everything. So I have no objection. I certainly would read it if given it, and I have no problem researching. That would be good. CHAIRMAN STRAIN: Okay, anything else from anybody? (No response.) CHAIRMAN STRAIN: Ray or Joe, do you guys understand what we need? MR. BELLOWS: Yes. CHAIRMAN STRAIN: Thank you. So is there a motion to provide for a continuance? And maybe the county attorney can tell me, do we have to suggest a date or can it just be continued to a date that will be provided in the future by staff? MR. KLATZKOW: Well, I mean, unless you have a date that you can set right now, you're going to have to just continue it until you can get that date. MR. SCHMITT: Originally when I was asked by one of the attorneys representing the applicant, I originally told him that the earliest I could do this was October 4th. October 4th agenda is full, quite honestly. The 18th of October is full. November 1 st is probably even more full than the others. If I were just strictly looking at scheduled items, the earliest we could probably do this is the 15th. But that day is also adoption hearing for the GMP amendments on the November 15th. So I mean, this is -- I'm almost into December before I can even schedule this thing again. And I'm not sure what -- as far as the petitioner, the petitioner requested this delay. We were scheduled to do it today. And looking at Planning Commission agenda items, and I jokingly say in this time of slow down, if you want to look at the schedule it's pretty intense. CHAIRMAN STRAIN: December 6th looks clear. MR. SCHMITT: December? CHAIRMAN STRAIN: December 6th. MR. SCHMITT: The earliest I have is -- there's one item on December 6th right now. CHAIRMAN STRAIN: Right, that's what I mean. So that might be a good date to aim for. I don't know if we have to announce it to anybody, but -- MR. SCHMITT: Unless we try and schedule a special hearing. Page 5 1 6 Q v' August 16, 2007 CHAIRMAN STRAIN: I don't have any objection to that, as long as it's after -- say sometime starting after -- starting in October, maybe November. MR. SCHMITT: It would have to be -- and I don't know, since we're talking about calendar, did Ray hand out -- CHAIRMAN STRAIN: I have the calendar here. In fact, I took Ray's calendar and two of the other calendars that were given to us and comprised them, boiled them all down, put them in one calendar so it's a little easier to follow. MR. SCHMITT: I've got kind of general calendar that just shows between AUIR and LDC and GMP and all the other alphabet soup we throw at you. MR. KLATZKOW: You'll have to continue this without a date set then, Chairman. MR. SCHMITT: I would -- well, we'll continue without a date set. I may look -- I need to talk to Mr. Yovanovich, and I need to look at maybe even scheduling a special date for -- of the Planning Commission to review this. I would anticipate this is going to be at least a three to four -hour -- COMMISSIONER ADELSTEIN: Oh, easily. MR. SCHMITT: -- review. CHAIRMAN STRAIN: When you get to a point where that date's starting to get solidified, we ought to communicate on it, though, so -- MR. SCHMITT: Absolutely. CHAIRMAN STRAIN: -- we make sure we have -- MR. SCHMITT: And like I said, just because of your schedule, looking at even -- and with AUIR, I just don't expect it to be until sometime in October or beyond. CHAIRMAN STRAIN: Okay. MR. SCHMITT: Since we're talking about that, there is a -- since we're talking about your schedule, we did have for you the water supply plan, and we were looking at bringing that to you on the 6th of September. That water simply plan, the data used to prepare it was based on the old population projections, not on the new population projections for the new AUIR. I am attempting to try to get that date moved through DCA. I cannot see the merit or the value of presenting to you a water supply plan based on population projections that we're not going to use. So we're -- we need to go back, because we just finished those population projections anyway. So I'm looking at changing that date. So that date that I sent you an e -mail on, Commissioner Strain, is now -- probably will change. But you do have another rather significant item coming to you on the 20th of September, and that's the school concurrency interlocal agreement. And that's the transmittal hearings for the school concurrency. Besides, what, five petitions we have the school concurrency. I'll go back to the 6th, we're going to do a kind of school concurrency 101 presentation, just to prepare you for the 20th, on how they do modeling and student loans and projections and those kind of things. And I know that school concurrency GMP amendment is going to be a rather significant document to go through as well. It involves a lot of new concepts and new requirements for concurrency. So between -- when you're looking at your September into October with AUIR, we've got you guys pretty well committed. I know you're going to be looking for a pay raise this year. CHAIRMAN STRAIN: Yep. MR. SCHMITT: 1 st of October. Cost of living. CHAIRMAN STRAIN: We'll just go ahead then and leave the date for something to be determined as time goes on. MR. SCHMITT: Yeah. So I'm looking at November. I need to talk to Mr. Yovanovich, and we'll '..- • 6 1 1 ry, At4st'16, 2007 probably look at sometime in November or even December now before this gets to you. CHAIRMAN STRAIN: Brad? COMMISSIONER SCHIFFER: Yeah, two questions. One: Joe, since the commissioners had this on their agenda and it was moved for us to review it, are they expecting us to have this reviewed when they come back? And who canceled this, staff or the applicant? MR. SCHMITT: The applicant canceled it, at their request. Their attorney contacted me on Friday and requested that it be delayed. I explained to the attorney, that was Mr. Saunders, I explained to him that the earliest I could reschedule this is October. At the earliest. COMMISSIONER SCHIFFER: So the Bert Harris time clock is -- MR. SCHMITT: Basically the Bert Harris time clock will be stayed. It has to. COMMISSIONER SCHIFFER: And then my second question is, is this advertised for the public in that neighborhood? MR. SCHMITT: It is not an advertised item, no. It -- well, I believe we did advertise it. I directed staff to advertise it just as a notice. COMMISSIONER SCHIFFER: Okay, thank you. CHAIRMAN STRAIN: Okay, anything else? (No response.) CHAIRMAN STRAIN: Richard, did you want to chime in, since you stood up? MR. YOVANOVICH: No, that's okay. CHAIRMAN STRAIN: Do you have any objections to the discussion then regarding the scheduling? MR. YOVANOVICH: No, we understand that it's going to be flexible as to when we finally get in front of the Planning Commission. CHAIRMAN STRAIN: Okay. Do you think that the time frames -- still trying to make it, no matter what we're trying to do here -- do you feel they're reasonable in our efforts? MR. YOVANOVICH: Well, yeah, we understand. But I do want to say, this was a joint request for the continuance. Because there is some word - smithing that needs to be done to the agreement, and we know how much the Planning Commission doesn't like to be handed a document last minute to look at changes, so we thought it was better to make the changes between Mr. Pettit and myself and present you a clean document that we both agree is the product that needs to go to the Board of County Commissioners. So I don't want it to appear like it was just us. It was a mutual agreement to continue this. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Rich, do you agree that the time clock is stayed? MR. YOVANOVICH: I've already sent an e -mail to Mr. Pettit to the effect that we acknowledge that the 180 -day period for the county to respond has not yet run. It will not run until the county has a reasonable opportunity to respond, based upon our mutual agreement to continue it. CHAIRMAN STRAIN: That e -mail was copied to all of us, so when you get a chance, it was -- you might look at some of the e -mails on your county website. Okay, is there a motion to approve a continuance -- COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: -- to a time to be determined? Motion made by Commissioner Adelstein. Is there a second? COMMISSIONER CARON: Second. Page 7 n CHAIRMAN STRAIN: Seconded by Commissioner Caron. Any discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN Thank you. Item #4 Motion carries 8 -0. PLANNING COMMISSION ABSENCES rBeF 5 August 16, 2007 Planning Commission absences. Just so everybody knows, we have two LDC meetings scheduled for the -- one for the 22nd and one for the 29th of this month. I do not believe that we're going to need those. And since Ray and Joe are talking, they're probably not hearing what I'm going to say. Fellows, after today's meeting this morning, we have an LDC meeting that starts at 1:00 today. I understand we may not be able to finish every item at our 1:00 meeting today. I don't know if it's necessary to continue them to another pre - scheduled meeting on the 22nd or 29th, as there currently is scheduled. They're at 5:00 p.m. and another one at 1:00 on the afternoon on the 29th. Rather than tag it on to the end of our next regularly scheduled meeting, which is the 6th of September, do you have any problem with that? It would probably the last meeting of the cycle that we would need to have, and I would imagine by then there would only be one or two items left to even discuss. MR. SCHMITT: 6 September we have -- well, the water supply plan is not going to be heard, I can tell you right now. We could probably do it on the 6th. CHAIRMAN STRAIN: That's what I was thinking. MR. SCHMITT: Two petitions and I have school concurrency -- kind of school concurrency 101. So it would be moved to the 6th. But I'm looking on my calendar just to make sure. That should not put us in a difficult bind with the board. Our first meeting with the board is the 11 th of October, so that would work. CHAIRMAN STRAIN: Okay, then our next scheduled meeting, since the 22nd and 29th may not be happening, because after today's 1:00 meeting we may continue then to the 6th of September. Mr. Klatzkow, do you see any problems in what we're proposing? MR. KLATZKOW: No. CHAIRMAN STRAIN: Is everybody planning to be here on the 6th of September? Anybody know if they're going to be absent or not? Well, then the 6th of September will be a good day. Item #5 am U J I �tiriust 16, 2007 APPROVAL OF MINUTES — NONE AT THIS TIME Approval of minutes, there's none available at this time. Item #6 BCC REPORT - RECAPS The BCC reports and recaps, July 24th and 25th. Ray? MR. BELLOWS: The BCC is on vacation so there's no items to report. Item #7 CHAIRMAN'S REPORT CHAIRMAN STRAIN: Chairman's report. I think I just about wore out my discussion during this continuance issue. Item #8A PETITION: VA- 2007 -AR -11703 We'll go right into the advertised public hearings. First one of which is Petition VA- 2007 -AR- 11703. It's the variance to the Kurt Lutgert residence in Connor's Vanderbilt Beach Estates. All those wishing to speak on behalf of this issue, please rise to be sworn in by the court reporter. (Speakers were duly swom.) CHAIRMAN STRAIN: Are there disclosures on the part of the Planning Commission? Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I had some questions on this petition; I spoke to Mr. Yovanovich by phone. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I did the same. CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: I talked to Mr. Yovanovich, too. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: I spoke to Mr. Yovanovich as well. CHAIRMAN STRAIN: The rest of you? (No response.) CHAIRMAN STRAIN: Rich didn't like you guys, okay. I spoke to the applicant's representative, Mr. Arnold, and I may have mentioned it to Rich. I can't remember if we had or not, to be honest with you. But it was quite a while ago then. And our discussion basically was around exactly what this was about. So with that, we will move into the presentation. Heidi? MS. WILLIAMS: Good morning. My name is Heidi Williams, I'm a certified planner with Grady Minor & Associates. I'm here today with Rich Yovanovich, on behalf of Kurt and Scott Lutgert, regarding N• 16113 A`ngust 16, 2007 a variance request for 180 Channel Drive. The project location is shown on the visualizer, and I have a more detailed site plan for you to look at. The subject property is located in the RSF -3 zoning district. There is an existing home on the site that has been there since 1952. We don't have a permit that we can locate for that home, but we do have a survey dated 1954 that shows the structure and illustrates the reason that we're asking for this variance request. This is the 1954 survey that illustrates a single - family home with a carport attached in the front. It illustrates a 27 -foot setback. This structure was legally permitted. At the time the zoning district required a 25 -foot front yard, and I think that survey practices have changed over time. We've resurveyed the site. This is actually a 25.8 foot setback from the right -of -way at this time. Going back to current condition, the carport that was legally permitted is -- remains in place. An additional expansion to the home was legally permitted in the Nineties, 1990. Your staff report and packet include the permit, the certificate of occupancy that show that this was legally permitted. Upon surveying it, it actually has a 4.2 -- I'm sorry, that's the first one. It has a 1.2 foot encroachment into today's setback of 30 feet, so it's 28.8 feet from the right -of -way. And that's the reason we're here. Those two are existing nonconformities. Our client would like to be able to enclose the carport into a standard two -car garage. He would be able to do that if we can grant a variance to the front yard only. He can meet the side setback by doing that expansion. This is an existing condition that's been in place for many years. My opinion is that it is ameliorated by the width of the right -of -way, the minimal width of the pavement, and the distance that that pavement is from the encroachment. This may not be very clear, but the subject property is labeled there. Ray's got the pointer on there. My pen is pointing to the property line. And there is quite a distance between the pavement and the property line, the edge of the right -of -way. We're not aware of any expansion to the road. It's a local road with -- in a single - family neighborhood. So that green space remains. You can also see that the existing carport structure is generally in line with the other structures on the road. I don't know their permitting history or their setbacks, but it does fit the character and nature of this neighborhood. And so we're here pretty much for a simple request. We'd like your support. We don't have any opposition from the neighborhood, we've got a staff recommendation of approval, and we'd appreciate your support as well. And I'm happy to answer any questions. CHAIRMAN STRAIN: Thank you, Heidi. Are there any questions of the applicant in this issue? Okay, Ms. Caron? COMMISSIONER CARON: Yeah. When I spoke to Mr. Yovanovich, I had a couple of questions that I said that I wanted answered today. One concerns the .5 encroachment over by the garage. MS. WILLIAMS: I'm sorry, where is that? COMMISSIONER CARON: The -- currently as it sits now, there is a 0.5 foot encroachment onto Lot 23. And I wanted to know what that was. Is that a fence that is encroaching, is that landscaping that's encroaching? MS. WILLIAMS: This is our current survey that was done specifically to submit with this petition. COMMISSIONER CARON: Right. MS. WILLIAMS: That minor encroachment is actually just a concrete or asphalt slab. Page 10 AUAt 16, 2007 Everything's just a little bit off. You can see on the other side on the fence line of the other property there's a wall. It's just asphalt and it's not going to be expanded in any way. COMMISSIONER CARON: All right. During the construction of this garage, is it possible to correct that? Is that concrete going to come out of there? MS. WILLIAMS: It can be fixed, yes. COMMISSIONER CARON: I mean, it seems to me while we're cleaning things up as best we can, let's do that. MS. WILLIAMS: Okay. COMMISSIONER CARON: I also had asked about the structure in the back, the -- what is labeled as a storage. MS. WILLIAMS: It's shown on the existing survey, today's condition. And I can show you the 1954 survey as well. COMMISSIONER CARON: I'm just concerned about today. I just want to know whether it's legally set back. MS. WILLIAMS: The original structure as shown here, same location, same structure, in 1954 was a utility room. And although I didn't research the requirement at the time, today's standards for a utility room is a 10 -foot rear yard setback and a seven and a half foot side setback. They do meet that, so it was legally -- in my opinion legally constructed. And today's use has changed. There is no definition for a utility room. It's used for storage today, that's why it's labeled as storage. That could require a 25 -foot setback. But it is my opinion that that's legally nonconforming in the worst case. COMMISSIONER CARON: Okay. CHAIRMAN STRAIN: Okay, any other questions? (No response.) CHAIRMAN STRAIN: Okay, is there a presentation by county staff? MS. ZONE: Good morning. Melissa Zone, Principal Planner with the Department of Zoning and Land Development. As the applicant's representative stated, that these are after - the -fact variances that were permitted with the county at the time when the setbacks were consistent. Through research we found that the surveys were conflicting, but the applicant is doing their due diligence in coming before you today to make this a legal permitted setback per the variance process. We've researched everything, the permits, everything is consistent with the applicant's request. And there are no concerns with any of the departments and reviewers. So if you have any questions, I'd like to entertain them now. CHAIRMAN STRAIN: Any questions? Mr. Schiffer? COMMISSIONER SCHIFFER: Melissa, this is -- first of all, how did you verify the existing setbacks? Did you go back -- MS. ZONE: I went through every zoning code book that we have that started from 1959, 1965, and I compared them to each submittal and any improvements that they did on the home. And at that time setbacks met with the permits going. The discrepancy is with the 1990 survey, and today's survey, which as you would know, Mr. Schiffer, that the instruments are much more accurate today than they were then. COMMISSIONER SCHIFFER: Okay. So you verified that -- MS. ZONE: Absolutely. COMMISSIONER SCHIFFER: The second thing is on Page 6 of 8, which is in your analysis Page 11 16 August 16, 2007 number (sic) C, you state if we don't approve this today, that the existing structure would have to be razed? MS. ZONE: Well, certainly. Because it's a nonconforming. Maybe not the whole structure, but definitely the portions that are encroaching into the property. And we're creating a hardship to the applicant, because at the time the setbacks were 25, where today's standards they're 30. And when we changed our zoning codes, why they deemed that the 30 -foot setback in an area that was -- had several homes already there following the 25 -foot setback, I -- there was no one there to -- you know, that I was able to meet with to discuss what was their intent. Even meeting notes from back then, I looked as to why would we change that to make these homes nonconforming. CHAIRMAN STRAIN: Melissa, personally, I think that you may have misstated some of the thoughts there. Mr. Klatzkow, would you opine on whether or not this home would have to be amended in any way to meet a conforming status when I believe they'd be a nonconforming -- legal nonconforming? MR. KLATZKOW: I think the only issue before the planning board is whether to keep the status quo, which means no razing of anything, or to allow the carport to be enclosed. That's the only issue. Nothing's going to get razed. CHAIRMAN STRAIN: That's what I was going to say. The question from Mr. Schiffer, though, was in response to part of the -- MR. KLATZKOW: It's a legal nonconforming use. CHAIRMAN STRAIN: -- packet that said this house would have to be razed. Okay, that takes it a little farther than I think -- MS. ZONE: All right. CHAIRMAN STRAIN: -- you have to go. MS. ZONE: I will make sure it doesn't go into the executive summary to create more hardship. Not that I was trying to make it look better on the applicant either, but once they come in to improve on that home, you have to follow that 50 percent rule on improvements. And improvements today on a home, certainly once they hit that 50 percent rule, regardless, you would then have to conform to current standards. So the applicant would have to leave the home as is and be a legal nonconforming. But if they did any other alterations -- CHAIRMAN STRAIN: We're digging a deeper hole we don't need to go into. MS. ZONE: Certainly. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Melissa, the utility room, do you agree that it's just a legally nonconforming structure? MS. ZONE: Correct. COMMISSIONER CARON: Secondly, I do want to get into this business of potentially adding onto this home under the current footprint, if we allow these variances to happen. If six months from now, a year from now, whenever, they decide to put a second floor on, or a room, for example a room over the garage, that would be what I would consider a further encroachment. Would staff also consider it a further encroachment? MS. ZONE: Our regulations follow the footprint. Now, would they -- to expand, I would want to defer to Ray Bellows on this. MR. BELLOWS: For the record, we could tailor the approval subject to the one -story carport/garage as depicted in the attached survey. COMMISSIONER CARON: Good. I think that would be a stipulation I would like to make. And - because I have no problem with the variance as it stands. I just would not want to see that grow. MR. BELLOWS: I agree. Page 12 16 1 1 B A ,st 16, 2007 COMMISSIONER CARON: Thank you. CHAIRMAN STRAIN: Thank you. Ray, any growth on this structure that contributes to over 50 percent of the structure's value, though, would then make the whole structure have to conform to our code. So in that case it couldn't happen, because they'd have to take the nonconforming portions away, if I'm not mistaken. So, I mean, I understand where you're going and that's fine, but 1 just wanted to -- COMMISSIONER CARON: I understand the 50 percent rule as well, Mr. Strain. My concern was what if they just decided to put a room over the garage. Many people do that. And that would not be 50 percent of this building, and yet it would affect the encroached part of this building. And I don't want to see any further encroachments. So if it remains a single -story structure with the setbacks as they are presented here, I don't think that we should have any problem with that. MS. ZONE: Commissioner Caron, I could work with our county attorney to make sure that it's also in the variance ordinance, so that it not only is part of your request to the BCC but that we would ensure it through the -- in the variance. So when staff pulls up the building permits, it's right there. COMMISSIONER CARON: Thank you. CHAIRMAN STRAIN: Mr. Schmitt? MR. SCHMITT: I just want to clarify that any request for remodeling of this building will have to go through the building department, through the formula for the flood insurance process to validate. And it's 49 percent, in accordance with our flood ordinance. Just for the record to indicate that. And it will have to be verified. And if it breaks the threshold, then it has to conform with the new flood insurance rate map standards. CHAIRMAN STRAIN: Okay. And the second story that's been discussed would be prohibitive over the nonconforming portion of the structure. Thank you. Any other comments? (No response.) CHAIRMAN STRAIN: Okay, any public speakers? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: With that we'll close the public hearing and entertain a motion. COMMISSIONER TUFF: Move we approve. CHAIRMAN STRAIN: Motion made by Commissioner Tuff to approve. COMMISSIONER VIGLIOTTI: Second. CHAIRMAN STRAIN: Seconded by Commissioner Vigliotti. Is there a discussion? COMMISSIONER CARON: Just with the stipulation that I made, and I'm fine. CHAIRMAN STRAIN: The stipulation that Ms. Caron made was that there be no second story with a nonconforming portion of the structure. Is there -- Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, one quick thing. There was a drawing, Heidi, that you put up there that shows where they want to intend to do this addition. I don't have that in my packet. Could you include that in the packet so that it's clear? MS. WILLIAMS: This was included in the packet, what I actually drew in. COMMISSIONER SCHIFFER: But in other words, I think this would be good if this was included, because it would show what we're doing at this hearing. MS. WILLIAMS: Sure. We can revise this to have those hatchings on there to show the intended expansion. Page 13 :4 -# Augus46, 2007 COMMISSIONER SCHIFFER: And Donna, that may help to clarify in the future what we did here. CHAIRMAN STRAIN: Okay, does the motion maker and the second accept the -- MR. KLATZKOW: Mr. Chairman? CHAIRMAN STRAIN: Yes. MR. KLATZKOW: Does the motion also include the removal of that five -foot strip? COMMISSIONER CARON: Yes, actually, that does have to be included in the motion. COMMISSIONER VIGLIOTTI: Six inches. MR. KLATZKOW: Six inches`? MR. YOVANOVICH: Six inches, yeah. CHAIRMAN STRAIN: Mr. Yovanovich? MR. YOVANOVICH: For Mr. Schiffer, if I can. I just want to make sure that the document you want to attach, not that entire area of crosshatching is part of the variance. Actually, it's -- the crosshatching, if you go back basically 4.2 feet, that's the only portion that would be subject to the variance. The remainder of that all complies with the existing regulations. So I just -- I didn't want this document per se to be attached. I don't mind if we modify it, but I just wanted you to know, we would need to modify it. COMMISSIONER SCHIFFER: No, I appreciate it. You could double hatch that area where -- that's a good point. CHAIRMAN STRAIN: Okay, there's been two stipulations requested. One is that there by no second story over the nonconforming part of the structure; second is that the six inches encroaching on the lot next door over the driveway would be approved. Is that okay with the motion maker? COMMISSIONER VIGLIOTTI: (Nods head affirmatively.) COMMISSIONER TUFF: (Nods head affirmatively.) CHAIRMAN STRAIN: I see a nod of the head yes of Mr. Tuff and a nod of the head yes of Mr. Vigliotti. Okay, with no further discussion, we'll call for the motion. All those in favor, signify by saying aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8 -0. Thank you. Richard, you were here for window dressing today. PETITION: RZ- 2006 -AR -9572 Okay, the next item up on today's agenda is at the Petition RZ- 2006 -AR -9572, the Donald S. Page 14 b11 t„r� aut i6, zoos Modesitt property known as Eljack, on Clair Shores Road, for a rezone to RMF -6(4). All those wishing to testify on behalf of this project, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: For all of you who are going to speak, please try to give a slip to the gentleman over here -- the slips are on the outside, if you haven't filled one out -- with your name on it so that he knows enough to call you for speaking. MR. BELLOWS: I haven't received any yet. CHAIRMAN STRAIN: So all of you that just rose, if you all intend to speak, please get those slips that are out in the hall, fill them out and have someone give them to Ray over here, and that way we'll get you on record. That's an important part of the process. Are there any disclosures on the part of the Planning Commission? (No response.) CHAIRMAN STRAIN: I met with Mr. Hancock yesterday. We talked about this project in length. In particular the compatibility issues involving the project. And that's -- I think that's the only discussion I had with anybody involving it. Okay, with that, Mr. Hancock, go ahead. MR. HANCOCK: Good morning, Mr. Chairman, Commissioners. My name is Tim Hancock and I'm the agent for the property owner for Petition AR -9572, known as the Eljack rezone. The petitioners today are property owners, Judge Don Modesitt and Mrs. Jackie Shindehett (Phonetic). Judge Modesitt and Mrs. Shindehett, who are brother and sister, are intimately familiar with this land, since it has been in their family since 1968 when the land was purchased. The family residence was then constructed in the latter part of 1968, including a garage and associated land clearing. As you can see in this picture, at one point the home and a mobile home just behind the brick structure that you see occupied the two parcels. In the picture are Jackie's son in 1971 and her mother. Judge Modesitt could not be here today, but Mrs. Shindehett is here present on both her and Don's behalf. Any questions you may have regarding the property beyond the technical aspects, Mr. Shindehett will be happy to discuss with you. The request before you today is to rezone the subject property totaling 9.62 acres, of which one -half acre is committed to a roadway easement and to rezone that property to RMF -6 with a density cap of four units per acre for a mixed use project containing both multi- family and single - family residences. The request specifically is for a maximum of 36 residential units, which equates to a density of 3.74 units per acre. The property is located on the aerial here at 629 and 771 St. Claire Shores Road. It's approximately one - quarter mile north of Radio Road, and just under two miles a little bit to the east of Airport Road. As you can see from the aerial, the area around the property varies in residential transient development intensity from one unit per two and a quarter acres to both the north and to the west, to approximately four units per acre in the Berkshire Lakes PUD lying to the east, and variable densities ranging between 7.6 units per acre in the Blue Skies Mobile Home Park and 14.7 units per acre within the Endless Summer Mobile Home Park immediately south of the property. The general area has two access roads. One is St. Claire Shores Road, which goes right here in between two existing mobile home parks, bends to the right and then heads back up to the north all the way to the canal. San Marco Road, a second way to access the general area, goes from Radio all the way back again to the canal with a connector road to the rear. The subject property, as well as surrounding properties, are designated on the Future Land Use Map as urban residential sub - district. This is, however, one of only a few areas within the urban designation that Page 15 1 6 ugt 16, 2007 contains Estates zoning. This property was not a part of the original platted Golden Gate Estates, but was at one point in the past recognized as not being appropriate for agricultural zoning and the Estates zoning district was applied, thereby allowing it the time for an increase in the allowable density to one unit per two and a quarter acres. This change I believe occurred in the latter part of the 1970's. Areas with this same future land use designation but zoned Estates elsewhere in the urban area have typically slowly transitioned through small parcel rezones over time to a more urbanized level of development, primarily due to a combination of surrounding development pressures, availability of water and sewer in the area, and market demands. One such example is the Bailey Lane area lying west of Airport Road. Airport Road runs north and south on the right side of the exhibit, and Bailey Lane here runs east and west where, over time, parcels have been rezoned from agriculture and Estates zoning, urban densities of three to five units per acre. This area continues to transition, and while it may never be fully developed at the higher densities, the clear implication by virtue of designating areas such as this is urban residential. Despite their Estates zoning is a de facto recognition that future growth is more appropriate in an urban area where infrastructure and services can best accommodate future growth without encouraging increased sprawl. The St. Claire Shores area is one example of this designation. More to the point on the subject property and its surrounding zoning, the property is uniquely situated immediately adjacent to two higher density mobile home parks to the south. An average of four unit per acre residential density existing within Berkshire Lakes here to the east and approximately six single - family lots do back up to this property within Berkshire Lakes. And then again you have the Estates zoning immediately to the north and St. Claire Shores with Estates zoning across to the west. The development pattern along St. Claire Shores Road and San Marcos Boulevard is varied in nature. While the density in the Estates zoning is one unit per two and a quarter acres, the existing pattern includes homes such as the Modesitts, which has been in place for 30 or 40 years, as well as newer, sizeable homes on large tracts. You'll also find toward the end of St. Claire Shores Road Clark's Nursery, a 12 -acre commercial nursery generating large vehicle traffic and trips from employees of the nursery operation. Many both new and older homes have large metal sheds on the property, and some lots contain just one single - family home or a home and a guest house. The properties on the east side of St. Claire Shores Road back up to Berkshire Lakes, again, a mixed use PUD approved in 1983, clearly what I call a suburban pattern of development. We tend to call four units per acre urban, and I think someone disputed that, but we'll use the terminology at hand. Berkshire Lakes was approved in 1983 at a density of 3.99 units per acre. Of all the properties along St. Claire Shores Road, 65 percent of them have been sold or resold since the development of Berkshire Lakes. I think that goes to show that living in near proximity or in half of the cases immediately adjacent to a more urban style of development has not apparently adversely affected the sale and resale of these tracts, some of which have fairly new and fairly large single - family homes on them. The property owners would like to build their own retirement homes on this land. Unfortunately, or I guess fortunately, depending on where you stand, neither one is at retirement age at the moment. And combination of taxes on a non - homesteaded property and the upkeep associated with an older home has caused them to look at reasonable options for the property. Until 2001 Jackie and Don's mother and father lived in this house, and her mother passed in '01 and father passed in'03. So the last four years they've been coming down at different times to try and upkeep the property, they've attempted to rent the home and maintain the home, and it's becoming increasingly difficult and quite candidly a financial drain being a non - homestead property. Page 16 1611 Augu 16, 2007 This has really been the driving force behind the petition you see before you today. This condition of being Estates zoning in an urban residential area and next to a mobile home park is shared only by one other property in the immediate area, and that is Estates zoning across the street, partially owned by Mr. Tommy Turner. To indicate that the only acceptable level of development on this parcel adjacent to a mobile home park is low density, single - family Estates development I do not believe is supportable. One of the further difficulties faced for this property is how to transition from a higher density development, the mobile home park on the south, to the lower density Estates property on the north when you really only have 640 linear feet within which to make that transition. We recognize that for surrounding properties two -story multi - family development along the southern property line, which is shown here on the site plan as R -2, with more traditional single- family along the northern property line, shown as R -1, made the most sense from a transitional land use perspective. Thereby again, transitioning uses from the higher density to the south, lower density to the north, and an equitable density to the east. The plan before you addresses that restriction by limiting the northern 150 feet, plus or minus, to single - family development only, while permitting either single or multi - family in the R -2 designated areas for the tracts to the south. Development standards within the RMF -6 district are comparable to those within Berkshire Lakes. They're not identical. You can have a slightly smaller lot within RMF -6 for single - family development than you can within Berkshire Lakes. Our initial plan was to place the required native vegetation buffer along the northern property line, thereby creating a little more separation, a little more buffer of the Estates property to the north. The very first plan that I drew up actually had an L- shaped buffer across the northern and coming down the side next to Berkshire Lakes, varying from 20 to 40 feet in width. One of the problems we ran into is the LDC criteria for preservation of native vegetation precluded this option. Because of the FLUCCS mapping of the property, it was county environmental staffs opinion that one of the only suitable areas to set aside the required amount, which is .89 acres, just shy of one acre, is a fairly central location here on the property. The main reason being that about half of the northern property line here was impacted due to the single - family homes. So while you may have standing pine trees, you really don't have a lot of undergrowth in some of that area. There is that same code that applies to this area, does extend along the northern border, ranging and varying in widths from 15 feet to as much as 50 feet. But even if we were to put approximately a 60 -foot swath across that whole side, there would be some areas that you'd have to re- vegetate. So when you look at the Land Development Code criteria on where you locate native preserves, the fact that you'd have to re- vegetate that dropped it down that list. And so we're kind of stuck in a position of applying the LDC in such a way that it may meet the environmental standards, but it really doesn't help with the compatibility issues as much as we would like it to. Whether that can manifest itself into a recommendation from this body to be addressed differently, I think we can discuss it, if it's your desire. And I may have some ideas how to do that, but again, we'll address that as it comes. Further complicating this issue of redevelopment of this site is that in order to rezone the property for any higher intensity, water and sewer must be provided to the site. It's going to have to be run from Radio Road, which is about a 2,000 foot run. Not an inexpensive proposition. How that affects what we're trying to do here is that the cost of that run has to be shared by whatever development scenario is applied to the property. If a unit count drops below a certain point, it then becomes unfeasible to run utilities to the site. So you're in a no man's land there. Is 36 the magic number? Probably not. The number may be as Page 17 1 b 1 1 ugl& 16, 2007 low as 30, possibly as low as 25. When we initially started this project some two years ago, the costing out at that time is not the costing out we have today. We may very well get better pricing on those utility runs today than we did two years ago. By the same token, the average valuation for real estate is also down, so I don't expect the difference to be material in that regard. One of the concerns we've heard from folks that live along St. Claire Shores is that if water and sewers run to this site, they're going to have to hook up to it. And Mr. Klatzkow, if I'm miss - stepping this, I'm sure you will correct me quickly. But in the past the county code has required if you run water and sewer up a public roadway, only if that water and sewer crosses in front of the lot is the homeowner -- the possibility to force the homeowner to connect is there. Because there are no Estates zoned parcels between this parcel and Radio Road -- there's only one right across the street owned by Mr. Turner, and he's expressed no concern about our running water and sewer to this site -- a mandatory hookup for anybody else would not be triggered. As the applicant, we're willing to attach a conceptual site plan, such as the one you see here, that will limit the type of construction within proximity to the Estates zoning to the north. We think under straight zoning that may be the only way to ensure a degree of compatibility. We're further willing to commit that limiting development to two habitable floors within the 35 -foot height limitation for the entire project, we think that's important. Nothing has been envisioned in three stories here. And we've been consistent in those discussions, from the neighborhood information meeting through today. With the limitations I've discussed with you and the commitments that the applicant is willing to make, I feel the project does represent a transitional zoning approach to address surrounding land use _. conditions that make development under the current zoning difficult at best. Jackie has continued in discussions with several of the neighbors who attended the neighborhood information meeting, and we're certainly not closing the door on continued discussions with regard to improving the project, as it's presented here today. The applicant does concur with the analysis provided in the staff report, which includes recommendation of approval, as well as recommendation of approval by the Transportation Planning Department. This project does represent what's known as diminimous impact of .75 percent of traffic on Radio Road. I believe the peak hour trips were around 33 or 35 total trips coming and going. And we think that's certainly within an acceptable range. I ask that should questions be raised during the public comment that the applicant have a brief opportunity to address any outstanding issues before your final deliberations. And it would my pleasure, and if you have questions of Ms. Shindehett at this time, to answer any of those questions. CHAIRMAN STRAIN: Okay, are there questions from the members of the Planning Commission? Mr. Schiffer? COMMISSIONER SCHIFFER: Tim, would you have a problem putting a restriction of a setback from the property line for multi - family of 30 feet, single - family, 25? The concern I have is you could build a 35 -foot high multi - family building 20 feet off the property line. MR. HANCOCK: No, sir, I think those setbacks are reasonable and very achievable. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Any other questions? Mr. Murray? COMMISSIONER MURRAY: Just having to do with stormwater. What year storm -- just for the record, what year storm are we relating to when we take care of drainage? i August 16, 2007 MR. HANCOCK: When you see -- and the lake size here is based on a calculation of a three -day a year, 25 -year storm event. However, the finished floor elevation of the homes must be above the 100 -year storm event. COMMISSIONER MURRAY: And the concern for the neighborhood of course is extra drainage issues that they would have. And so again for the record, in the manner in which you would handle drainage, would you give us some insight into how the water now will accumulate. How will that be taken away? MR. HANCOCK: The primary difference is in this area, when someone comes in to build a single - family home in Estates zoning, we typically mound up to the base of the home, the water runs off. But typically there's not any type of a containment berm or larger system that's installed, the water just percolates into the soil. When you begin looking at a project like this, what you have to do is you have to do a complete water management plan that in essence traps the water on site. The perimeter of the property is bermed. And the water that falls on the site is then shunted into a small lake or dry detention area, not really determined one or the other, where the water's treed. It's then discharged back into the St. Claire Shores Road right -of -way. The key being that the post- development discharge, the amount of water that we shunt off the site, cannot be more than what was historically draining off the site prior to development. In other words, we're precluded from making the condition worse and, in fact, there's every reason to believe the drainage area or the contribution to any drainage problems in the area would be improved at least for how this parcel may or may not have contributed to that. COMMISSIONER MURRAY: Is there a history of flooding in the general area? MR. HANCOCK: Yes, sir. And I think when we look at areas like this, you know, it's Estates zoning. When Berkshire Lakes was built, that gets raised up a little bit. And it's what I call the sump effect. As everything around it has built up, this becomes the low point. Now, grant it there is the Golden Gate Canal to the north. And, you know, as that water moves through there it obviously has had a draining effect on this land over time, but you can't make the water run any faster. COMMISSIONER MURRAY: How have the neighbors, those concerned individuals, been educated or made to be aware of how the system will take that water away so they will be assured that that will not increase their problem? MR. HANCOCK: The same explanation I just gave you is nearly identical to the one we presented at the neighborhood information meeting. And I will tell you, it's hard if you're someone who has stood ankle deep or shin deep in water in your backyard a couple of years ago when we had the heavy rains to believe that this isn't going to make it worse. I understand that that's a difficult mountain to climb. But the reality is that currently whatever water falls on this property goes where it goes. There's no system in place to deal with it. Development of this site and this nature would require a system to address it, and so it cannot make the situation worse by law. COMMISSIONER MURRAY: Thank you. CHAIRMAN STRAIN: Any other questions of the Planning Commission? Ms. Caron? COMMISSIONER CARON: The roadway easement that you were talking about, Mr. Hancock, is that the 30 -foot easement to the south? MR. HANCOCK: To the west. The roadway easement is on the west side of the property that makes up one -half of St. Claire Shores Road. To the south is an access and utility easement. The mobile homes park to the south have a pump station just on the other side of that easement. And they've been using that easement to -- for the county to access that pump station. We're not sure we can tie directly into Page 19 August 16, 2007 that pump station. It may not be sized correctly. We may have to do our -- a separate eight -foot lift station. But the easement along the south is strictly an access and utility easement to serve that pump station. COMMISSIONER CARON: Okay. So the easement to the west then, how much did you say that was? MR. HANCOCK: It's just under a half acre. I believe .46 acres is comprised of that easement. And that's why if you exclude that easement, the property acreage and that acreage drops to about 9.1 acres, times four is 36, so we tried to operate pretty much on a net basis in looking at the number of units on the property. And candidly, we dropped some tentative buildings in and lot dimensions and found that anything more than 36 is not realistic or achievable, so there's no point in asking for it. COMMISSIONER CARON: I'm just looking at this plan, and there's a 30 -foot road easement to the south. MR. HANCOCK: I'll be honest with you, I -- that may very well be a road easement. It's not been utilized as a road easement. You know, it's too narrow to be improved to a roadway because there's no corresponding 30 -foot easement on the other side of the property line. I know it has been historically used by the county to access a county pump station. COMMISSIONER CARON: Okay, thank you. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: Tim, you had two things. You had a plan that you started out with an aerial that showed this area. Can you put that back on here again? MR. HANCOCK: Yes, sir. CHAIRMAN STRAIN: Okay, well, the one you just showed before that, let's go back to that one. Actually, we'll -- no. Okay. How many acres of Estates are in this area; do you know? MR. HANCOCK: If you take St. Claire Shores Road all the way up to the canal from our property all the way up is around 111 acres. CHAIRMAN STRAIN: Okay. And you said there are other areas that you believe are like this in the urban area? MR. HANCOCK: Yes, sir. Two that I know o£ CHAIRMAN STRAIN: And you mentioned that because you think that they might be more or less converted in the future or possible conversions in the future; is that the intent of that comment? MR. HANCOCK: Yes, sir. The point is to show -- and the two that I'm aware of are both to the west and the -- you know, the portion of the county that has developed a little bit faster it. My point is that as development pressures have increased out to the east, I think we're going to see properties like this that are designated urban residential and zoned Estates get more attention. CHAIRMAN STRAIN: So if it's designated urban residential and zoned Estates, the idea is that it should be consistent then to have an increase in density. MR. HANCOCK: I think it's reasonable to assume an increase in density is possible, yes, sir. CHAIRMAN STRAIN: Okay. And the urban boundary goes to 951, right? MR. HANCOCK: Yes, sir. CHAIRMAN STRAIN: So that means you're thinking that it would be appropriate for the Oaks Boulevard area and all of that -- I mean, that's all Golden Gate Estates and the Santa Barbara area? MR. HANCOCK: No, sir, you actually -- I think you stated the key there. Those are Golden Gate Estates. They were part of the original platting of the Estates, which it has been treated differently in our Growth Management Plan. Page 20 � /N 6 1 August %, 2007 The idea that I'd come here and ask for a GMP amendment to take something out of the original Golden Gate Estates and convert it is something I'm not even crazy enough to try. So my point being that when the county adopted the Growth Management Plan in the late Eighties and designated these areas as urban residential, I think they did so with an eye toward the future, that infill development would be most appropriate in an area like this versus reaching out to the eastern part of the county and developing more sprawl. 1 believe that was the intent. I was here for some of those discussions. And my point is drawing out some of the other areas is to show that the commission over time has recognized through rezoning of small parcels that in certain cases that type of a rezone action may be appropriate. CHAIRMAN STRAIN: Thank you. Any other questions? (No response.) CHAIRMAN STRAIN: Hearing none, we'll ask for staffs presentation. MR. BROWN: Good morning. I am Willie Brown, a Principal Planner with the Department of Zoning and Land Development Review. As mentioned already, the property is located at 629 and 771 St. Claire Road, half a mile north of the St. Claire Shores /Radio Road intersection. Excuse me, I'm getting over a cold here. The subject property consisting again of two tracts is 9.62 acres. The petitioner's request, as noted in the staff report, is to rezone again the subject property from Estates to residential multi - family six with a density cap of four for a maximum of 36 dwelling units, or four units per acre. Currently only one dwelling unit per two and a quarter acres is allowed. The site is primarily abutted by large single - family dwellings -- sorry, large lot single - family dwellings north, east and west of the site. A mobile home park is south of the site. The Future Land Use Element designates the site as urban mixed use and urban residential sub- district, according to our Comp. Planning Department, which allows for higher density residential uses. The applicant's proposal is consistent with the Future Land Use Map. The applicant's justification for approval is based upon the project serving as a transitional residential development, which transitions from mobile home park to low - density residential with a mix of multi - family and single - family uses in between. This is a plausible justification, consistent with urban planning practice and theory. The site is walking distance of a major roadway arterial, shopping, restaurants, personal service shops and transportation services. There is a national trend to reseed (phonetic) urban sprawl or large lot single - family dwellings scattering the earth's surface. The objective is to provide for a mix of uses or higher densities near multi -model transportation modes, which encourages cycling, walking and reduces long commutes. The effects of global warming are reduced as well. This trend will be unpopular with neighboring property owners, but it's consistent with your GMP policies. Seven letters of opposition were received, as well as two petitions. A petition from Endless Summer Mobile Home Park with 52 signatures and a petition from St. Claire Shores Estates with 50 signatures. Both petitions favor denial of the proposed rezone. No conditions of approval are proposed by staff as the site is designed with a type B buffer -- type B buffers around its perimeter, along with a 0.89 -acre preserve and 0.6 1 -acre water management lake. These design features in my opinion mitigate visibility of the site from adjacent uses. Lastly, the site is consistent with Policy 5.1 of the transportation element of the GMP. Policy 5.1 Page 21 4 August 16, 2007 states, the county shall not approve a request that is significantly -- that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable level of service. Staff, this includes your transportation, comprehensive planning and zoning staff, recommend approval of the rezone. I will point out that the applicant's proposed conditions are acceptable, limiting the height of multi - family buildings to two levels, and imposing greater setbacks adjacent -- where adjacent to single - family dwellings. Thank you. CHAIRMAN STRAIN: Are there any questions of county staff? Mr. Vigliotti, then Mr. Tuff. COMMISSIONER VIGLIOTTI: The two letters, the two petitions you got from the neighbors requesting denial, what is the zoning there, how many units per acre, what is their density; do you know? I know one's a mobile home park, but how many units -- CHAIRMAN STRAIN: You're asking for the density of the signatories or the . COMMISSIONER VIGLIOTTL In other words, the -- CHAIRMAN STRAIN: Wait a minute. On the signatures on the application -- on the petition, you want to know the density of their -- COMMISSIONER VIGLIOTTI: Right. CHAIRMAN STRAIN: Okay. And I'm not sure staff would know that without looking up each address and seeing whether -- MR. BROWN: I'm not certain, but I do have those letters that came after the fact that I can share with you from -- COMMISSIONER VIGLIOTTI: That's fine. MR. BROWN: -- opposing neighboring property owners. COMMISSIONER VIGLIOTTL That's fine, thank you. CHAIRMAN STRAIN: Well, I think that Mr. Hancock may have supplied some of that information by the comments he made about the density of the two mobile home parks. I think one he said was 7.6 and the other was 14.7. That may be what you're looking -- COMMISSIONER VIGLIOTTL• I missed that, I'm sorry. That's the answer I'm looking for. Thank you. CHAIRMAN STRAIN: One way or another we'll get to your answer. Mr. Tuff? COMMISSIONER TUFF: Yes, I'm newer on this board so I don't always -- I guess my question is, is I'm looking at an area where I believe that the mobile home use probably has a chance that it may go away some day, just because that's what's happening. And then you have this -- you know, it's a beautiful area of very rural, and it looks like that's the trend and it's been developed and it has been that way. And it's -- and I could see why this could be a place where this urban residential could be. But now I guess why I was so surprised is that it got approval. Because the justification to get where yeah, this is the one that we should do and we should do this here and make this -- because that's a large density compared to, you know, you've got 36 units and all these two and a half acre lots could be one. And maybe I'm questioning whether that designation is right or that -- that's not saying that it has to change to that urban residential, it's saying that it could if it was appropriate to fit in with the neighbors, I guess. Because I don't see any compatibility with this project versus what's there now and what has been there. And if I made sense to you -- CHAIRMAN STRAIN: Well, I think you're making a statement, not a -- or are you asking a Page 22 1611 Ausf'46, 2007 _ question? COMMISSIONER TUFF: No, I really am curious. Because when I read this, I didn't talk to anybody, didn't see anybody, I said boy that just seems like this doesn't match. And so then you have an urban residential sub - district put on that. And that's a thing that people believe that it could be. That we all said it could be. But yet at the same token, Estates residential zoning is there, and it's very well used that way. And I'm wondering where those -- I can't see making that transition on this -- a use like that to this. And I'm thinking is that because I -- I'm not doing a good job explaining what I'm -- CHAIRMAN STRAIN: I'm just trying to help you get to your either question or statement, so -- COMMISSIONER TUFF: I guess where does it weigh heavier, to change all that that's there, that has been and will be and people love versus what well, it is allowable. And so what I'm saying is we're taking a thing that could be allowable versus what is the appropriate thing in compatibility. And I'm not sure, to come to that conclusion that you did. And I'm -- CHAIRMAN STRAIN: The way best way to answer your question may be to wait and hear how the rest of the speakers discuss their neighborhood, and maybe you'll get some insight as to whether or not -- some answer to your question of compatibility and consistency. I don't know, I'm just suggesting. I don't know if Mr. Brown can say any more than he's said in the staff report. COMMISSIONER TUFF: 1 guess which weighs heavier, compatibility or theory and idea to make this happen that way? MR. BROWN: I guess in short it's perhaps unpopular again for the neighboring property owners who live along that street, but it's not an uncommon thing for uses to transition from single - family to higher densities and then on to commercial. And that's what the applicant is proposing here today. And I'm saying it's a reasonable justification. COMMISSIONER TUFF: Reasonable enough to -- MR. BROWN: Going from single - family to multi - family to mobile home park to commercial. That's the transition. And I'm saying that's not an unreasonable request here. The lot is presently single - family. One dwelling unit per two and a quarter acres is allowed. I think the land has been sitting idle for a number of years, perhaps because of those more intensive uses to the south, being the mobile home park. This does away with the eyesore. The lot's presently overgrown, the house is deteriorating. This puts perhaps something more pleasing to the eyes there at this location. COMMISSIONER TUFF: Okay. CHAIRMAN STRAIN: Mr. Murray, did you indicate you wanted to speak, or you still do? COMMISSIONER MURRAY: I just wanted to make the comment, probably sounds a little out of joint, but I wanted to compliment the gentleman. 1 enjoyed reading his presentation. Well structured and it was -- thank you. CHAIRMAN STRAIN: Mr. Brown, how wide is St. Claire's right -of -way; do you know? MR. BROWN: I'm not sure now. I'll yield to transportation staff. MR. TINDALL: Good morning. For the record, Phil Tindall, transportation planning department. I'm sorry, Mr. Chairman, I didn't catch the question. CHAIRMAN STRAIN: How wide is the right -of -way for St. Claire? MR. TINDALL: I would have to look that up, but I can do that real quick and answer that. I don't have that off- - CHAIRMAN STRAIN: Okay, if you -- well, do you know the maximum number of lanes you can build St. Claire at? MR. TINDALL: To the best of my knowledge, it's just the two lanes existing. Page 23 August 16, 2007 CHAIRMAN STRAIN: I would assume then on both sides of the right -of -way it's privately owned property? MR. TINDALL: Yes, sir. CHAIRMAN STRAIN: Okay. You don't see a problem with 36 units here? MR. TINDALL: No, sir. Based upon the TIS, it meets the consistency test for the GMP. CHAIRMAN STRAIN: If it was 520 units, would it be okay with you on St. Claire, with two lanes? MR. TINDALL: Well, it would --just to the significance testis the 3 -3 -5, based upon the data submittal. As you're aware, I'm sure, the LDC has been amended, as well as the GMP, to change the significance test to the 2 -2 -3. It would be generating based upon a TIS 16 peak hour directional trips. You'd have -- CHAIRMAN STRAIN: You're going in a direction I didn't ask. MR. TINDALL: I'm sorry. CHAIRMAN STRAIN: If this project was for 520 residential units, do you think St. Claire, as a two -lane road with the capacity that's on it currently, could take that? MR. TINDALL: Possibly not. We'd have to do obviously the calculations, but I'd say chances are no. CHAIRMAN STRAIN: Okay. Because the rest of the Estates area that's in this, if it was converted in the same manner this is being talked about, would generate a density of about that many units, based on the testimony I heard earlier about the number of acres that are there and the conversion rate. MR. TINDALL: Yes, sir. CHAIRMAN STRAIN: And if that's the case, St. Claire Shores would probably have to be _ widened to accommodate, which means eminent domain for the neighbors and things like that. I just didn't know if the trend we'd be setting here today is the right trend to go forward with, based on the availability of road services, utilities and the other things that the whole area then would have a right to. So that was my question and you have answered it, thank you. MR. TINDALL: Yes, sir. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: No. Okay, Ray, do we have any pub -- I know we have public speakers. Just so the speakers know, I've got to ask that you try to limit your discussion to five minutes. Try not to be redundant. It would be more effective if you have something new to say. Or at best in some cases if you agree with your previous speaker, just tell us you certainly agree and we'll accept that. And just so you know, we have a court reporter who's working hard to write down everything that you say, so you have to state your name and talk slow enough so she can type it. But at 10:00 we are going to take a 15- minute break so she can rest her fingers, along with Kady across the hall, who is moving cameras every five seconds. So with that, Ray, if you'll call the public speakers. MR. BELLOWS: Yeah, we have six registered speakers. The first one is Dr. Raymond Genick. DR. GENICK: Yes, sir, thank you. Thank you very much for letting me speak today. I appreciate this. I'm one of the residents. I live at 1011 St. Claire Shores. I'm just down a way from the property in which you have. CHAIRMAN STRAIN: Would you state your name first for the record, sir. ® DR. GENICK: Dr. Raymond Genick. CHAIRMAN STRAIN: Thank you. Page 24 611 P e August 16, 2007 DR. GENICK: 1011 St. Claire Shores. I've lived there for nine years. I bought this beautiful property because it is unique, as Mr. Tuff had said. It is very unique. And I don't understand this density stuff and QUS and PUQ and all these things because I'm kind of a layman in this respect, so you're going to have to bear with me with this. I did send a letter in to Mr. Willie Brown, exercising my concerns about this property. Yes, the property is overgrown. I understand the owners have some difficulty financially, maybe, but for a project like this I don't think it's financially difficult to do this project. So the other thing is the house has been rented for a number of years, and the property hasn't really been kept up as well. But I think if they were to sell that property to a private owner, they would probably take care of it much better. On the south side, that is an access road, from what I understand, from what I checked on. It's not just to check the utilities. I don't have as much clout as our former commissioner does, but as far as I know it's an access road. When you have 36 dwellings go in there you maybe have the possibility of 72 cars on that small tiny road. It's going to present a difficult situation. Let me just talk briefly about some of my concerns. And one of them you brought up already is the seasonal flood. The gentleman doesn't live there. We have our colleagues to the east of us, Berkshire, and we get a lot of flooding from Berkshire because that wasn't done properly. Fortunately my property backs up to this turtle preserve, which I think butts up to this property also. So you may take a look at that, because nothing can be built on this turtle preserve there either, so -- traffic congestion, we also have a big runoff from Blue Skies when the flood season is in full form. Noise pollution. And the main concern is the water runoff and the noise pollution and how they're going to accommodate all of these situations. What I don't understand is that we talk about mixed use, and I tried to look for a corridor study for this area and I didn't find one. Now, maybe there's one. Maybe you can refer this to me somehow. Because we have about three new divisions, subdivisions now: Dolly Madison, Sapphire Lakes and some other rental properties that were converted into condominiums just east of Santa Barbara. So my -- to leave you with my thoughts, one of the things that I have read and did a little research on is that Collier County talks about integrity of neighborhoods. Well, this doesn't seem to me to be a good integrity for my neighborhood. We spend a lot of time, a lot of energy preserving that area, fixing our houses up, investing in it. Our taxes go up every year. Now we've got this proposal going. I urge you to not pass it. Thank you. CHAIRMAN STRAIN: Thank you, sir. Next speaker, please? MR. BELLOWS: Gary Davis. MR. DAVIS: Davis for the record, my name is Gary Davis, 179 Sand Drive, Blue Skies. Our park did not send up a petition, but I'm speaking as a resident. I'm concerned about flooding. Right now with the drainage system that exists along St. Claire, we have with a serious flooding problem from Blue Skies. We get back water, because the system cannot hold the water. We have units that have a tremendous amount of water underneath their units because of the backup, all because of inadequate drain as it is right now. So the addition of these 36 units will add to that problem. Currently that easement on the south, the county has identified that easement as property owned by _ Blue Skies. We recently had to spend a lot of money to upgrade that easement property, that road, in order to have access for our garbage removal and also for the county to come in and attend to their county lift Page 25 6 A,gst 16, 2007 station. That is an access road; the county uses it and we use it for our garbage removal. We also have a problem with the property across the street, the Turner property. That is also a two -story property. And in a mixed zoning that has a tremendous impact on our property. They have a security lighting system that's at the extreme height of their property, or their buildings, that floods into our mobile home park and creates serious problems for residents that are bothered by that lighting system. I'm concerned with additional two -story property along that southern easement would add to that problem if they put a lighting and security system in there. And as the gentleman that preceded me indicated, that that access road would probably be an access road used by the residents there. I'd like to have that easement identified as to who, number one, granted the easement to the county. Was it the property of the petitioners or was it the Blue Skies or the mobile home park south of us, Summer Acres? So I'm concerned about the drainage as it is right now. The drainage along St. Claire Road is the only system that moves water to the canal, and that isn't properly maintained by the county. When we have a flooding system, it backs up right into our pond. And it -- and that fills up and it backs into our streets and our homes. So I'm of the opinion that the addition of this 36 units will add to that problem. As it is, we have a high density there right now. With Blue Skies we have 197 units on 14 acres. And just west of us, we have South Wind, and then east of us we have Endless Summer. So it is a high density area right now on existing acreage. And this is going to add to that. It's going to affect the water table, it's going to affect the drainage, and it might affect the problems that we have with lighting that exist there. And I'm concerned about the access road and the impact that that might have on the new construction in that proposal. So as one resident, I would not support that proposal. I think the addition of that number of units in that area already with a high density of population is only going to add to the problem. So thank you for the opportunity to speak on behalf of my family. CHAIRMAN STRAIN: Thank you, sir. Next speaker, Ray? MR. BELLOWS: Michael Lentovich. CHAIRMAN STRAIN: You can use either podium, too. MR. LENTOVICH: My name is Michael Lentovich. I live at 1270 St. Claire Shores. CHAIRMAN STRAIN: Could you spell your last name? I know she probably -- MR. LENTOVICH: L- E- N- T- O- V- I -C -H. CHAIRMAN STRAIN: And that speaker you may have to bring a little closer. Doesn't sound like it -- MR. LENTOVICH: Okay, is that working? CHAIRMAN STRAIN: Ray, is that one turned on? Here comes the fellow now. There we go. MR. LENTOVICH: Okay, Mike Lentovich, 1270 St. Claire Shores. CHAIRMAN STRAIN: Thank you, IT. MR. LENTOVICH: We've lived there for 19 years, and we bought the property for what it is, not what these people are trying to make it into. Across the street from me at 1270 St. Claire Shores, there's five to seven vacant acres right now. If that happens down there, what's going to stop the people from wanting to do the same thing right across the street from me? On San Marcos there's vacant land. The same thing would be trying to happen over there that 0--W August 16, 2007 they're trying to do at the beginning of the street. And I can't understand, I agree with Mr. Tuff, why would we need to change our neighborhood to accommodate this, for what purpose, other than maybe their own financial gain? It's going to do nothing for us. Now, to the flooding, I don't know the size of their new structure and parking area, but I was just taking a wild guess. The current property probably -- housing probably covers 3,500 square feet, the house and the substructure, their guest house. By the time they get done, I imagine they'll be covering 30 to 50,000, maybe even more square feet with bigger buildings and parking areas that's going to allow a lot less percolation. So they're going to cut off their own drainage, going to put in a tiny lake. There's a trailer park, it's on the -- would be on the west side of St. Claire Shores Road. When this area floods, these people pump their lake into the ditch on St. Claire Shores Road, adding to our flooding, but they're trying to get rid of their water, which I understand. Now, if they're talking about it's a financial thing, they could raze the house and let it go back to natural woodlands. I don't think anybody would have a problem with that, if they want to save it like they were talking about their future retirement plans. I don't think they are. Well, that's pretty much what they could do if they really wanted to do something. This has already been discussed. They could turn it into four and probably a third -- four two and a third -acre lots. They could build a house on each one with a guest house if they chose to do so, and they could sell that. And that would conform to what is already there. Other than that, I don't think I really have much more to say at this time. CHAIRMAN STRAIN: Thank you very much, sir. Appreciate it. And Ray, before you call another speaker, we're going to take our break now so we make sure we have time. So we'll be back here at 10:15 to resume. Thank you. (Recess.) CHAIRMAN STRAIN: Okay, everyone, if you'll please resume your seats, we can continue with the meeting. And Ray, we were working with our public speakers. Can you call the next speaker, please. MR. BELLOWS: Bill Clark. MR. CLARK: Yeah, my name is Bill Clark, and l live on St. Claire Shores Road, 1440 St. Claire Shores Road, and I've been there 30 years. And we love our area, because that's what it is, it's an acre and a quarter, two and a half acres, five -acre tracts. And there's some really, really nice houses on there. There are some that are rundown, too, that aren't taken care of, but there's some very nice homes on there that people spend a lot of money on, nice landscaping and all that kind of stuff. I don't know of anybody really in there in that area right there that really wants this. We all like it the way it is. I know it's kind of unique, because we've got -- everything's built up around us. But that's the way we bought in there and that's the way we want to keep it. It is a very small road. It would be very hard to make it bigger. And as the problem is right now getting out onto Radio Road is a problem just for the people that are there. They tried on San Marcos there in the same development I'd say back four, five years ago, a church tried to come in there on a five -acre piece, and they tried to get it rezoned for the church. And this board here turned it down. And then also the Collier County Commissioners turned that down because of the impact that it would make, the church traffic and so on, so forth back in there. There's a lot of children stop up around in the South Winds trailer park on San Marcos there, and I think this would really have a bad impact on the traffic and so on, so forth in there. We have like the only one way in, and one way out now pretty much. The street down at the end of Page 27 6 4ug216, 2007 the road on San Claire's is dirt road. It's not even paved. And I think it would -- the traffic would really be bad there. And it would have to be an awful lot of improvements and so on, so forth. The point I wanted to make, Mr. Hancock had said that Clark's Nursery has 12 and a half acres of commercial nursery. Well, that's not actually the fact. The fact is that we have five acres of nursery, not 12 and a half. And we've been there when it was agriculture; that whole area used to be agriculture there. And when it was changed over to Estates, we were grandfathered in. And we were grandfathered in there not to expand. So we do own more property in there, but we're not working off anything but the five acres. So I just wanted to, you know, clarify that. That's pretty much the point I wanted to make. And I thank you. CHAIRMAN STRAIN: Thank, sir. Next speaker, Ray? MR. BELLOWS: Helen Clark. MS. CLARK: I didn't sign up. CHAIRMAN STRAIN: Ms. Clark said she -- MS. CLARK: I just agree with him what he said. CHAIRMAN STRAIN: Ma'am, the only way you can speak is from the microphone, because it has to be recorded. I'm sorry. MS. CLARK: My name is Helen Clark and I'm Mr. Clark's wife, at 1440 St. Claire Shores Road. And the only thing my husband didn't say is getting out on Radio Road is a problem now. And with 76 more cars, two cars per family, whatever, it would be even worse. And you can't put a light there. They tried to put one in front of Foxfire a few years ago. That didn't work out. And I'm sure it wouldn't work out on St. Claire Shores Road either. Otherwise, I just agree with him. CHAIRMAN STRAIN: Thank you. Okay, next speaker, Ray? MR. BELLOWS: The last speaker is Linda Matthews. MS. MATTHEW S: My name is Linda Matthews, and I live at 2 Tina lane, and I'm representing Endless Summer RV Park. And I agree with all the speakers today. We are concerned about the property of Endless Summer. We have called the county on the back road in the drainage back there. They said they didn't have anything to do with that. We have a serious flooding problem in the rainy season. We get like two and a half foot of water on our property. We have put in -- BJ Excavating put in a drainage system, but when the canal gets full, it's got no place to go. And we're also concerned on them tying into our lift station. Our lift station is approximately in the center of our park, and if -- we were wondering why they would want to come into -- way into our park and tie into our lift station. And like I said, I agree with all the other speakers, it's not a good idea. And that's about all I have to say today. My company is out of Michigan, and I am representing my boss, Mr. Perlman, and trying to find out what's going to happen to our property. CHAIRMAN STRAIN: Okay, thank you, ma'am. Ray, do we have any other public speakers? MR. BELLOWS: No other speakers. CHAIRMAN STRAIN: Okay, Mr. Hancock, would you like a short closing statement? MR. HANCOCK: Yes, sir. And I understand short being the operative word there. 6 1 Augu� 16, 2007 CHAIRMAN STRAIN: Thank you. MR. HANCOCK: The easement between Blue Skies and Endless Summer and the subject property was granted to Collier County by the Modesitts at the county's request. The maintenance of that easement either belongs to the county or because Blue Skies uses it for trash pickup, there's been questions between the county and Blue Skies as to who's responsible for maintaining it. The point being, it's recognized on our survey, it's not within the development envelope, and if the county's failing to maintain it or they have a requirement of Blue Skies to maintain it, we don't have a dog in that fight. But that easement was granted to the county by the property owners. There are no other parcels in our situation on St. Claire Shores Road. And that's I think something that's very important here. We talk about the fear of the unknown. If you allow this, then certainly you have to allow something else that's similar. There's only one other property that borders a mobile home park on one side and Estates on the other, and it's across the street, Mr. Turner's, as far as being on St. Claire Shores Road. I don't know about Mr. Turner's light. I do understand he had burglaries at his home while he was working on it and he put a security system in. I know that much. Beyond that, again, I encourage them to call code enforcement at the county and address it. If this project is constructed, it will be limited to street lights at 25 foot height which have glare requirements per the LDC. So again, I don't think that would be exacerbated. This is a 10 -acre pocket development. You come around a comer, come between two mobile home parks. And to come against new construction of multi - family and single - family on one or two cul -de -sac roads, to infer that that has a devaluation of properties on the balance of the street, I don't see any supporting evidence to that effect. But I do want to ask, as this board considers this petition, the folks down the road that have their two and a half or five acres are not next to a mobile home park. It's easy to look at the Shindehetts and the Modesitts and say hey, tough luck, sorry about that, you know, just leave it as is. But the reality is that Endless Summer RV Park has a transient element to it. Those are owned by a corporation. We don't know what's going to go on over there either. But the density is 14.7 units an acre, and it's troublesome if you try and look at someone building a high -end single - family large lot home next to that particular development. It's problematic. It's a devaluation. I honestly -- because the aerials were not complete, I can't tell you whether that was there prior to '68 when the Modesitts bought the property or after. I've looked and I can't find aerials to confirm it one way or the other. They're very close in when they were established. But this is a unique parcel, and I believe our request recognizes that and does not necessarily set a precedent that a piece that is in the Estates zoning with homes on both sides of it, single family, could use this as a springboard to do much the same thing. And with that, sir, I'll answer any questions you might have. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: Is this project going to do anything towards affordable housing in this county? MR. HANCOCK: Like clockwork, Mr. Midney, what -- I've spoken with the applicant. They are willing to commit at the time of development toward the affordable housing trust fund of $1,000 per unit. We'd like to see that any payment of that be tied to either an approved plat or an approved site development plan approval and be a credit towards any type of affordable housing mitigation or impact fees that may be in place at the time. CHAIRMAN STRAIN: Are there any other questions? (No response.) CHAIRMAN STRAIN: Okay, Tim, thank you. Page 29 1 6 I'1 ,tgu 6, 2007 MR. HANCOCK: Thank you. CHAIRMAN STRAIN: And with that, Ray, we'll close the public hearing and entertain a motion. Is there a motion from any member of the Planning Commission? Well, there has to be. Mr. Tuff? COMMISSIONER TUFF: Yes, I move for denial, based on number seven of the staffs finding of compatibility for Petition RZ- 2006 -AR -9572. CHAIRMAN STRAIN: Okay, is there a second to the motion of recommendation of a denial? COMMISSIONER CARON: I'll second. CHAIRMAN STRAIN: Second made by Ms. Caron. Is there discussion? (No response.) CHAIRMAN STRAIN: Well, I will certainly provide some input. I will support the motion for denial based on the following: First of all, I object to staffs legal considerations and findings. Number two, under the rezone findings, Article 2 -- Section two, the existing land use pattern; I find it incompatible with the existing land use pattern. Number five, whether changed or changing conditions make the passage of the proposed amendment necessary: I have not heard any testimony that would indicate it does. In fact, I've heard testimony that the hardship may be self - imposed by the manner in which the property is taken care of Number six, whether the proposed change will adversely influence living conditions in the neighborhood: I think it will, based on traffic and the precedent that it's setting for the rest of the neighborhood. Number seven, whether the proposed change would 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: I think the increased density and the precedent that will set on the neighborhood is incompatible and therefore will have negative traffic impacts. Number 13, whether there are substantial reasons why the property cannot be used in accordance with existing zoning: I have not heard any testimony that says it can't be. It may be a hardship if they believe that they can't sell the property for a value that they feel it's worth, but I think the property could easily be sold. A buffer could be adequately placed along the southern property line and that would make the property more valuable. Number 14, whether the change suggested is out of scale with the needs of the neighborhood or the county: I think it certainly is out of scale with the Estates neighborhood. I think pockets of Estates, just like the Pine Ridge subdivision we have in North Naples, are something that we need intermixed with high density places in this county. Good planning shouldn't have high density from wall -to -wall across the urban area of the county. So I think we should have Estates zoning intermixed. Number 16, the physical characteristics of the property and the degree of the site alterations which would be required to make the property usable for any of the range of potential uses under proposed zoning classification: I think the intensity of this use will increase the impervious area and thus will increase the drainage potential for the -- drainage problems for the area. I think with the LDC compatible definitions and the compatibility review definition that it's inconsistent, that's inconsistent with 1.04.05 of the LDC, that inconsistent with our code of law, Section 2- 105.1, Section 106 -32, Section 106 -34. And lastly, that it's inconsistent with the Future Land Use Element Policy 5.4. And those are my short list of reasons why I am not in favor of -- why I am in favor of the motion and not in favor of the project. Anybody else have any discussion? Page 30 1611 �AuLA 16, 2007 r COMMISSIONER MURRAY: I'd like to thank the Chairman for having stayed with the short list. CHAIRMAN STRAIN: Well, other discussion? Mr. Midney? COMMISSIONER MIDNEY: Yeah, just one other thing I'd like to add. One of the points made in favor of the development was that not approving this would cause there to be increased urban sprawl elsewhere. And I can't accept that argument, because the sprawl may occur anyway. There's nothing -- whether this is done or not done, which will increase or decrease sprawl that, you know, people may be attempted to plan in other places. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, actually it's interesting that Mr. Midney brought that up. I was going to make that comment as well. I'm a little tired of hearing that projects should happen to avoid sprawl in this county. We've already seen that sprawl is happening. So unless we are now going to require anybody who wants to make changes like this to buy a comparable amount of land and donate it to the county so that we avoid sprawl somewhere else, then it just is beyond credible to say that adding density here will stop sprawl somewhere else. It just defies any logic as to what we've seen happen. That's a planning -- it's planning gobbledygook is all that amounts to. I think this project is just -- it will definitely influence the conditions in that neighborhood. It is incremental. Once this property converts, it will happen down the line. And that's not a good thing. This is a wonderful little pocket of Estates zoning, and we should treasure it and keep it. Thank you. CHAIRMAN STRAIN: Okay, any other comments? (No response.) CHAIRMAN STRAIN: Okay, we'll call for a vote. All those in favor of the motion that recommends denial, signify by saying aye and raising your hand. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Seven. Okay, all those against the motion. COMMISSIONER ADELSTEIN: (Indicating.) CHAIRMAN STRAIN: One. Motion carries 7 -1 for recommendation of denial. Thank you. Item #9 OLD BUSINESS Next item on the agenda is the old business. I don't have anything on here. Item #I OA _. NEW BUSINESS - CONTINUED Page 31 ]! "`a` august 16, 2007 Our new business has been continued until some time in the future. Public comment, it looks like everyone's leaving. Discussion of the agenda, nothing. I wish to remind the panel, please, we have to be back here at 1:00. If you haven't checked your e -mail from Tuesday night or Wednesday, please look at it, because there are a series of revisions. If we have enough time now that you could look at those so we could be finished after the 1:00 with most of those issues today. With that, I'll take a motion to adjourn. COMMISSIONER VIGLIOTTI: So moved. COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made. We are adjourned. Thank you. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:32 a.m. COLLIER COUNTY PLANNING COMMISSION MARI STRAIN, Chairman TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM. Page 32 =iaVa < - 16 41 1 HenrJng October` 2007 i,oy!e ';oiett I MINUTES OF THE MEETING OF THE COLLIER COUNTY GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE DECEIVED Naples, Florida, October 1, 2007 OCT 0 5 2007 Boaro n' Connry Commissioners LET IT BE REMEMBERED, that the Collier County Golden Gate Community Center Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 6:00 PM in REGULAR SESSION in Conference Room "C" of the Golden Gate Community Center, 4701 Golden Gate Parkway, Naples, Florida, with the following members present: CHAIRMAN Vice Chairman Bill Arthur Jim Klug Ernie Bretzmann Vicki Clavelo Kaydee Tuff ALSO PRESENT: Ellen R. Barkin, Community Center Supervisor Shari Ferguson, Regional Manager Region II MISC i0orre Dat etem � 1 161 1 R O ,3er 1, 2007 A. Call to Order The meeting was called to order at 6:02 by Vice Chairman Klug. Chairman Arthur arrived at 6:03. B. Approval of Agenda Mr. Bretzmann moved to approve the Agenda. Second by Ms. Clavelo. Motion carried unanimously 5 -0. C. Approval of September 4 2007 Meeting Minutes Mr. King moved to approve the Minutes of September 4, 2007 minutes. Second by Mr. Bretzmann. Motion carried 5 -0. D. Old Business 1) Shade Trees- Ellen Barkin • Ten new palm trees have been planted to provide shade near the amphitheatre area. The Company providing the trees guarantees them. The cost was $3500 in total. 2) Fall Programs - Ellen Harkin • Halloween Howl will be held on 10/29/07 from 6 — 8 pm. • A Bridge Tournament will be held on 10/18/07 • There is a new fitness class, "Zumba" which will be held Tuesdays from 5:30 PM — 6:30 PM. It is a combination of Jazzercise with Salsa Music. E. New Business 1) New Skate Ramps /Open House - Ellen Barkin • The new skate park opened on 10/29/07. There was an Open House attended by approximately 100 people. Ms. Barkin has photos she will provide to the Committee. F. Monthly Budget Report — Ellen Barkin and Shari Ferguson Monthly Report and FY 07/08 Budget Updates • Ms. Barkin reported that due to the meeting falling on the 1" of the month, the monthly budget numbers were not available. Ms. Barkin will email the numbers to the Committee by 10/03/07. Mr. King requested a clarification on the 0.5 millage rate. Ms. Ferguson will request a meeting with Budget Analyst Sherry Pryor to review any questions the Committee may have on budget issues. G. Members Additions and Comments Ms. Tuff noted that a bush in front of the building needs trimming. 1 ber 1, 2007 Mr. Klug requested the Committee continue to be informed on any upcoming budget issues that may be taken up by the Parks and Recreation Advisory Board so the Committee could provide any input necessary. H. Informational Items Attendance Report - (See attached) Meeting Schedule The next meeting will be November 5, 2007 at 6:00 p.m., at the Golden Gate Community Center. The meeting was moved outside for a site visit to view the newly planted trees and installed skate ramps. There being no further business for the good of the County, the Meeting was adjourned by order of the Chairman at 6:31 PM. COLLIER COUNTY GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE Bill Arthur, Chairman These Minutes were approved by the Board /Committee Chair on as presented , or as amended AGENDA -16 1 1� COLLIER COUNTY CONTRACTORS' LICENSING BOARD RECEIVED DATE• TUESSDAY - OCTOBER 1-. TIME. 9:00 A.M. OCT 0 9 2007 W . HP.RMON TQRNER BUILDING Board of County Commissioners i,ADMINI5TRATION BUILDING) COURTHOUSE COMPLEX Fiala 2ocJ Hates Henrtin Coyle 5 Colette t*" ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORL' OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS 15 MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS "0 BE BASED, I ROLL CALL il. ADDITIONS OR DELETIONS: III APPROVAL OF AGENDA: IV APPROVAL OF MINUTES: DATE: September 19, 2007 V. DISCUSSION. Vi. NEVI' BUSINESS. Edward R c.nard - Request to cualify a 2n0 entity Katherine Grant - Request to qualify a 2 °Q entity. DaVIC Beal - Contesting citation. Michael Cnapman - Request painting license reinstated withait retesting. VI OLD BUSIN' SS: Resolution - Final Draft on Contractor Licensing Fees, VIII PUBLIC HEARINGS: Case #200' -09 Samuel Greenwood dlbla Greenwoon, Inc, Case #2007-'C Scott Perry dlbia A+ Air Cond- & Heating of SW Florida Inc. Case 42007 -11 Douglas Scott White d /bra Guatian Technologies of SW Florida IX. REPORTS NEXT MEETING DATE: WEDNESSDAY DECEMBER 19, 2007 W. HARMAN TURNER BUILDING, 3Ac' FLOOR 3101 E, TAM AMI TRAIL (COURTHOUSE COMPLEX) Misc. CALM Date: Copies to: -iaia ✓1 -- 3 Halas 1/f. 6 �d{ roe cA ,Henning Coyle FOREST W IMN kN a \l) DRAIN \i;t \, OSetr I ' LAKES Call to Order II. Attendance III. Approval of Agenda ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 October 10, 2007 Agenda IV. Approval of Minutes — September 12, 2007 V. Transportation Services Report A. Budget — Caroline Soto B. Project Manager Report — Darryl Richard, Chris Tillman/ Malcome Pirine VI. Old Business A. Bond Issue Project VII. New Business VIII. Public Comments IX. Adjournment The next meeting will be on November 14, 2007 10:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 P,IC 0 9 2007 f:uaro of Camty Commissioners 1611,q FOREST ROAD" AY 1NDDRAINA(I'l' LAKES ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 5 NI.SA u. SUMMARY OF MINUTES & MOTIONS September 12, 2007 L& III. Approval of Agenda and Minutes of June 13, 2007 were approved unanimously. Ill. Transportation Services A. Project Manager Report — Darryl Richard distributed and reviewed Project Status report. (Attached) (F -31) Easement for Swales and Lakes Darryl Richard, Chris Tilman reported: 1. Project was 90% in the draft stage 2. RWA performing Swale Survey for Easements 3. RWA Survey schedule was 50 working days & would be extended to 60 days. 4. Obtaining agreement for 50 Ft. wide Permanent Access and Maintenance easement: ➢ Purpose of obtaining the agreement was to permanently establish bounds and protocol ➢ Easement onto the golf course required coordination from the County and the Golf Course(s) and would be included into language of the agreement ➢ The language would be first presented to the Committee for approval and then to the Golf Course(s) ➢ Golf courses would perform the Easement mowing 5. Current irrigation water quality issues increasing maintenance cost for the pumps: ➢ Partitioning of Lake #8 & #10 for reclaim storage and requires a specific type of engineering. William Seabury moved to approve securing survey work contract not to exceed $60,000. Second by Harold Bergdoll. Motion Carried unanimously 3 -0. William Seabury moved to approve use of an Engineering Firm for the partitioning design of 2 lakes not to exceed $60,000. Second by Harold Bergdoll. Motion carried unanimously 3-0. 1611 George Fogg noted the repaving, re- striping, and manhole striping on Woodshire and Forest Lakes had not been completed. Requesting a contract be implemented for striping on the main Roads Chris Tilman recommended adding reflectors on the road edges. George Fogg moved to approve striping on road edges and the median, including installation of reflectors on the road edges between Woodshire and Forest Lakes, Begin immediately and not to exceed $20,000. Second by William Seabury. Motion carried unanimously 3 -0. 1611 P FOREST Ro vDNVAv AND DRAIN LAKE ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 September 12, 2007 Minutes Meeting was called to order at 10:02 a.m. by George Fogg. Quorum was established. II. Attendance Members: Harold Bergdoll, William Seabury, George Fogg, Robert Jones (Excused), Virginia Donovan (Excused) County: Darryl Richards — Project Manger, Tessie Sillery — Operations Coordinator, Caroline Soto—Budget Analyst, Mark Isakson — Budget Analyst, Sharon Newman - Transportation Operations Manager Other: Chris Tilman — Malcom Pirine, Darlene Lafferty — Mancan III. Approval of Agenda William Seabury moved to approve the agenda. Second by Harold Bergdoll. Motion carried unanimously 3 -0. IV. Approval of Minutes — June 13, 2007 It was noted July and August meetings were cancelled due to lack of quorum. William Seabury moved to approve the minutes of June 13, 2007. Second by Harold Bergdoll. Motion carried unanimously 3 -0. Mark Isakson distributed and reviewed Proper tax limitation, Debt Service, and Property Tax Limitation Impact. (Attached) Stated that the Forest Lakes MSTU issued Bonds and saved $171,000. 1. Debt Service Fund 259 - budget in a separate Debt Service Fund at 2.7532 would raise $650,000 in FY08 to pay principal and interest on the bond issue. Exempt from Limitation Legislation. 2. The current Voter approved .4 millage rate would not be affected by Limitation Legislation and would be split between Debt Service and Operations. 3. Available for Operations $294,000. 1611 2007 -2008 Proposed Budget $6,414,900 includes: • $ 294,400 Operating Levy • $5,980,000 Capital Allowance for Roads • $ 150,400 Carry forward Tessie Sillery questioned if the $1,000,000 line item was created for Street lighting. Mark Isakson responded it was included in Capital Improvements. V. Transportation Services A. Budget — Caroline Soto distributed and reviewed Budget Report. (Attached) 1. Line 23 Operating Expense Open P.O.s $35,177.36 2. Line 23 Available Operating Expense $5,847.10 3. Operating Expense Paid to date $119,375.54 B. Project Manager Report — Darryl Richard Was distributed and reviewed (Attached) Chris Tillman — Malcome Pirine — also reported: (F -31) Easement for Swales and Lakes 1. Project was 90% in the draft stage 2. RWA performing Swale Survey for Easements 3. RWA Survey schedule was 50 working days & would be extended to 60 days. 4. Obtaining agreement for 50 Ft. wide Permanent Access and Maintenance easement: ➢ Purpose of obtaining the agreement was to permanently establish bounds and protocol ➢ Easement onto the golf course required coordination from the County and the Golf Course(s) and would be included into language of the agreement ➢ The language would be first presented to the Committee for approval and then to the Golf Course(s) ➢ Golf Courses would perform the Easement mowing 5. Current irrigation water quality issues increasing maintenance cost for the pumps: Partitioning of Lake #8 & #10 for reclaim storage and requires a specific type of engineering. William Seabury moved to approve secure survey work contract not to exceed $60,000. Second by Harold Bergdoll. Motion Carried unanimously 3 -0. William Seabury moved to approve use of an Engineering Finn for the partitioning design of 2 lakes not to exceed $60,000. Second by Harold Bergdoll. Motion carried unanimously 3 -0. (F -16) Exotic Removal — Woodshire Ditch — Lake Doctors Annual Maintenance Contract. Effective October 1, 2007 renewal of Lake Doctors contract and approval of additional $5000 for services. George Fogg noted the repaving, re- striping, and manhole striping on Woodshire and Forest Lakes had not been completed. Requesting a contract be implemented for striping on the main Roads Chris Tilman recommended adding reflectors on the road edges. George Fogg moved to approve striping on road edges and the median, including installation of reflectors on the road edges between Woodshire and Forest Lake. Begin immediately and not to exceed $20,000. Second by William Seabury. Motion carried unanimously 3 -0. Darryl Richard distributed and reviewed ROW Exhibit for Woodshire Lane. (Attached) • Easement has not been granted • Sign Easement has not been obtained • Property Owner responsible for sign maintenance • Maintenance and Tree trimming Notification sent to property owners. VII. Old Business A. Bond Issue Project — Previously discussed VII. New Business — None VIII. Public Comments — None IX. There being no further business to come before the Committee, the meeting was adjourned at 11:52 A.M. The next meeting will be on October 10, 2007 10:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 ifj1; Vi !M- (F -16) Exotic Removal — Woodshire Ditch — Lake Doctors Annual Maintenance Contract. Effective October 1, 2007 renewal of Lake Doctors contract and approval of additional $5000 for services. George Fogg noted the repaving, re- striping, and manhole striping on Woodshire and Forest Lakes had not been completed. Requesting a contract be implemented for striping on the main Roads Chris Tilman recommended adding reflectors on the road edges. George Fogg moved to approve striping on road edges and the median, including installation of reflectors on the road edges between Woodshire and Forest Lake. Begin immediately and not to exceed $20,000. Second by William Seabury. Motion carried unanimously 3 -0. Darryl Richard distributed and reviewed ROW Exhibit for Woodshire Lane. (Attached) • Easement has not been granted • Sign Easement has not been obtained • Property Owner responsible for sign maintenance • Maintenance and Tree trimming Notification sent to property owners. VII. Old Business A. Bond Issue Project — Previously discussed VII. New Business — None VIII. Public Comments — None IX. There being no further business to come before the Committee, the meeting was adjourned at 11:52 A.M. The next meeting will be on October 10, 2007 10:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 1000 00 m C MO wwl6 / 1 .,. w O(MO mCoo0O(O-NO 00 ON In ) O M O r 0 0 (O O N O O O O r A 000 m N m O w U( r�wN 0 V MN 4(00 N M(O�OM1� �aDO O)O COI lOMO M ON M101 V 00 C M N M N N (A to N N v) (A N N V) N (A N (A (A (A LAIN IA 0 MO co co OOM OOO OO OM1010 OO V I� W CL `O M C O O 4 00 7 q M (0 m O0 00 00 r- (OM 3 (On Cl ' N ' to 0000 0 L lO ' 1-- M M LO b NN C CO (O'I 0 � 7 �m O r I-- A C(0)O O CO N0) ' 10 OOn N(O 00 m00 oN N(0 w 0 rp O N O M O(O w N 1`M 0 (00 Q V � MO L Q m00 �0 v O M O C6 06 Na ^6 N N ON CL 00 O �� ! r r r X - w (o(A(A V) 6-i(ooil NN 64 ca (A N(A(o N(A V) v) N N(AN Nvq) (o 6q (A 6%(A (o0 N C -, M tin C > Ir V 0 N (A N fH Vi 16% (A N n .. -:> > ,. i A u) (A (A N (o N9 (o (A (f O O O O O Q O O O O 0 0 0 0 0 0 0 O O O O O O O O G 0 0 O O O R O O O O O O O O O O O 0 0 0 0 O O O O C r, 0 0 I O . 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O G y 0 0 O O O O O O O O O O O O O O O O O O O O O O G 9 OOO 00 N 00 O 10MO MO(0(OM OIT 0000 V [Y V NO O(L 'O O) lO V N N 10 N M N 1 1- V O 10 LL6 1 17 tl - (O OD a F.mmy m M CO 00 NN NN 0 I I(A fA K)Ib9'N bull( A N N N N (A w (A (H N N N N (o fA IfAIN�(A ILL IN IN to�(A'(A I(A Lu uX F w Lo J m J J Q 0 Z F W J 0 Q z 0 W F- F- (n O F- Z Z W Z CL U z W ZOXS.) 2 W �Z� wU)ZF- 0it - X F}a _ (n(nZ 00 (Li�� Z tW)_LL HO��= mdw6W W~ —O Q�00 O JzF_(n K� F- 0ZUZZ0 ��yU' �'' � W (if j2 LU LLOLL LU WUa 2U00��z w0 -r z 20 LU 0(wi F -F-Iwi �F-W Z U) W ° w�CC W w LL F - U)Jw 0¢ (n (n ww(n wcr Q(n w W z�z LO LL -W W W W W F-U z <W Q' ��' z C90 Z W W LLI D>�w (rQ2 wC ZmF- 20F -F-0 -j W FF--d a¢ �� OjS W W UZZEr F-0 ZF- W QOw Z 0 0 m W CL JJ00 w0_ J y N U N C co CL O C C N O) d n CC N O. > d G O >. >. >. '. 0 A m m m m m: - a_� v vvv <; w aa)) � O . .W6 000 o-0w 0)odarni aa)ia) ' %(U m L LLI 0 m m o cow M i� w ww(D 0 c C C C C C _ _� C 2 0 0 0 r Q mmm a UUiJ�2Z W U)U) " O Q N O O N C� O N O O O O O O O O 0 0 0 0 M M 00 M (D O C 0)0 (O(O 000 O Olt) 0 0000 0 M00 C WOE NN N'7(O 0C ui 0) aDOON NOS OO 00000 0(000 1 OTO1� 0M V N OC W uI ON Ow NO n000O OIOO V 0000 OMM OC r r A r(OONN (O M, W WtO 0 01-)0(0 M (OM � 1(O V (n co OO 0000 N 0 Y G id � Id N N N o ofy� M M V I N 00 M lO 00 W M N (O OD oc Q > F M V V N N v N N Z m ¢ N v v U U c D v N N N N N (A 6% 64 A (A .A A N N o (A (A (A A (A N (A A (A (A K vi C I I(A fA K)Ib9'N bull( A N N N N (A w (A (H N N N N (o fA IfAIN�(A ILL IN IN to�(A'(A I(A Lu uX F w Lo J m J J Q 0 Z F W J 0 Q z 0 W F- F- (n O F- Z Z W Z CL U z W ZOXS.) 2 W �Z� wU)ZF- 0it - X F}a _ (n(nZ 00 (Li�� Z tW)_LL HO��= mdw6W W~ —O Q�00 O JzF_(n K� F- 0ZUZZ0 ��yU' �'' � W (if j2 LU LLOLL LU WUa 2U00��z w0 -r z 20 LU 0(wi F -F-Iwi �F-W Z U) W ° w�CC W w LL F - U)Jw 0¢ (n (n ww(n wcr Q(n w W z�z LO LL -W W W W W F-U z <W Q' ��' z C90 Z W W LLI D>�w (rQ2 wC ZmF- 20F -F-0 -j W FF--d a¢ �� OjS W W UZZEr F-0 ZF- W QOw Z 0 0 m W CL JJ00 w0_ 9/12/2007 1611 9/10/2007 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes FOREST LAKES MSTU Proiect Status (F -34)— ACTIVE (POC: Darryl Richard, Chris'rilman (Malcolm Pirine) Swale Project Scope Definitions; 6- 13 -07: Meeting with Malcolm Pirine to review base map of swales and lakes as per Bond Issue Project List. Map requires some minor modification. Scope of Swale projects will be derived from Base Map. SCHEDULE: (F -31) — ACTIVE (POC: Darryl Richard) — Easement for Swales & Lakes 3- 29 -07: RLS sent to Scott Teach for recommendation regarding request as per Macolm Pirine advisement that easement may be the option the MSTU would want to pursue for swales and lakes. Also included in request is evaluation of roadways in terms of easements. 4- 30 -07: RLS received from Scott Teach regarding obtaining easement within Golf Course Property. Recommendation is to proceed with obtaining easement within Golf Course for both swales and lakes. Easement is not required for roadways as per RLS. 5 -9 -07: Meeting with Kevin Hendricks regarding easements. Kevin will work directly with Chris Tilman (Consultant) and Liaison Project Manager Darryl Richard in obtaining any required easement/Right of Entry. Recommendation from Kevin was to pursue negotiation with Golf Course based on a `preliminary' map (to be produced by Malcolm Pirine) of the easement areas. 7 -6 -07: Meeting with Golf Course — review of easements — Chris — Malcom Pernie will be sending out a report of the results of meeting. 7- 23 -07: July 16", draft document received from Malcom Pernie & County staff reviewing with Consultant - Presentation per Quail Ran Golf Course 8- 15 -07: (week of) Malcolm Pirine coordinating project details with Quail Run Club Mgmt. 8- 22 -07: RWA will be performing Survey — quote from RWA pending regarding the Golf Course approval. 9- 10 -07: Obtaining scope of service from RWA 10- 12 -07: RWA has provided draft scope — under review by Malcolm Pirine 9/12/2007 1611 (F -29) — ACTIVE (POC: Darryl Richard) -Bond Issue Finance Package 12- 11 -06: Meeting with Mike Smykowski, Office of Business Management & Budget, Director. 12- 13 -06: Requested project information sent to Mike Smykowski for submittal to PFM (Financial Consultant). 12- 13 -06: Package sent to PFM for review. 1 -10 -7: Mike Smykowski reports that there will be a Budget Meeting on 1- 11 -07. During Budget meeting there will be a review of the Forest Lakes Bond Issue. PFM or another option (Loan with a Bank) will be recommended to finance bond issue. Alternative funding through a Bank will be reviewed. 1- 17 -07: Meeting with Chairman & staff to discuss priority project list and finance items 2- 14 -07: Bond Issue funds are anticipated to be available after April 1, 2007. Committee request to see break -down of Cost for bond issue for next meeting. 3- 14 -07: PFM will be attending the meeting 3- 23 -07: PFM sends "Schedule" for bond issue. Staff confirms project list and schedule. Funds are due to be released in June 2007. 5 -9 -07: Revised release of funds date is July 2007 as per PFM correspondence. 7 -9 -07: Kelly — PFM entailed a schedule regarding bond. 7- 18 -07: Kelly —PFM emailed anew schedule -draft debt service schedules showing coverage on the allocated millage and a revised Plan of Finance detailing the tax reform issue. 9- 10 -07: Budget Dept. — Novas Exec. Summary — regarding bonding for forest lakes : Below see exec. Summary title: 9 -11 -07 bcc meeting This item to be heard on or about 11:00 a.m. A Resolution of the Board of County Commissioners of Collier County, Florida, acting as the Governing Body of Collier County, Florida and the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit, authorizing the issuance of not exceeding $6,250,000 in aggregate principal amount of Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007, to finance the costs of certain roadway lighting, roadway - related drainage and roadway restoration within the Forest Lakes MSTU and to pay certain costs and expenses incurred with the issuance of the Series 2007 Bonds; Providing for the payment of said Bonds from ad valorem taxation levied in an amount which shall not exceed four mills on all taxable property within the boundaries of the MSTU; Making certain covenants and agreements in connection therewith; Providing for the rights of the holders of such bonds; authorizing the awarding of said Series 2007 Bonds pursuant to a public bid; Delegating certain authority to the Chair forthe award of the Series 2007 Bonds and the approval of the terms and details of said Series 2007 Bonds; Authorizing the publication of a notice of sale for the Series 2007 Bonds or a summary thereof; Appointing the paying agent and registrar for said Series 2007 Bonds; Authorizing the distribution of a preliminary official statement and the execution and delivery of an official statement with respect to the Series 2007 Bonds; Authorizing the execution and delivery of a continuing disclosure certificate with respect to the Series 2007 Bonds; Authorizing municipal bond insurance for the Series 2007 Bonds; and providing an effective date. (Mike Smykowski, Director, Office of Management and Budget) (F26) - ON GOING-ACTIVE (POC: I essie Sillery)— Signage Maintainance 11- 08 -06: Fogg moved to utilize annual contractor— maximum $10,000.00 1- 29 -07: Requested estimate. 2- 14 -07: PO for annual maintenance in amount of $10,000.00 requested. 3- 13 -07: PO entailed to Lykins for ongoing maintenance (F- 25) —ON GOING - ACTIVE (POC: Darryl Richard) - Pot Hole Repairs 11 -08 -06 : Fogg moved to increase funds for pot hole repair up to $40,000.00 12- 13 -06: Work Order in Progress 1-10-07: Bonness NTP - $40,000 1 -23 -07 : Bonness — will be marking pot holes. 2- 05 -07: Bonness marked and in process of repairing pot holes 2- 12 -07: Bonness repaired pot - holes. Marked areas filled with asphalt. Villas turn area remains for future project. 4- 13 -07: Villas area has been completed, some minor pot -holes are forming in other areas. Bonness called to perform inspection/repair under current PO. 2 9/12/2007 1611 (F -23) ON GOING- ACTIVE (POC: Darryl Richard) — Desiltation of Culverts; includes telescope inspection within Forest Lakes; MSTU Committee vote to obtain annual services from Shenandoah Construction based on annual contract not to exceed $30,000.00 per year. Project Manager to confirm scope of work with contractor prior to each service. 10- 11 -06: Committee approves $30,000 for annual contract with Shenandoah. 11 -7 -06: Increase to PO ($3, 155.70) 1- 25 -07: Requested for Estimate for annual maintenance not to exceed $26,800.00 3- 13 -07: NTP — sent to Shanendoah 3- 15 -07: Shenandoah contacted to de -silt Woodshire Ditch. 4- 12 -07: Meeting with Mike of Shenandoah for direction in specific project areas within Forest Lakes for desilting. Areas include: Villas near Lake 6; Pipes near Lake 8 including 4 inch outfall and 24 inch; Pipes near Lake 13 and Lake 10. Completion by 5/12/07. 4- 27 -07: Shenandoah completed items near Lake 46 and Villas from 4 -12 -07 meeting. 5 -8 -07: All Items noted on 4 -12 -07 are completed. Ongoing maintenance as per future request. 5 -8 -07: Committee requested Darryl to work with company — not following what they requested 5- 23 -07: Darryl met with company regarding dumping in area. — issue resolved (F -16) —ON GOING - ACTIVE (POC: Tessie Sillery)- Exotic Removal— Woodshire Ditch -Lake Doctors Annual Maintenance Contract — Woodshire Ditch & pump station — Notice to proceed ITEM 5, 2005 - $4,770.00 — Annually 5 -15 -05 — Purchasing required Re -Bid (quote) for project - Quotes due 5 -26 -06 5 -30 -06 — Annual Contractor Aquagenix (George Bowling) to provide quote based on annual contract — pending 6- 12 -06— PO requested waiting on Gloria 6 -27 -06 - PO issued and ongoing 4 -4 -07: New Quote received from Lake Doctors for $4,740.00 4- 13 -07: Quote received from Aquagenics (George Bowling) at $6,180.00; No Quote received from Aquatic Systems. Lake Doctors is the apparent low at $4,740.00 5 -7 -07: NTP — Lake Doctors - $4,740.00 (F -15) ONGOING -ACTIV E (POC: Tcssie Sillery)— Mowing - Woodshire Drive - Landscape Maintenance Contract — 400 ft. x 20 ft. Sod Mowing. Quotes requested from annual contractors. 4- 17 -06; Southern Services under contract for maintenance on annual basis based on contract rates. 3- 16 -07: Southern Services Contacted to mow up to Forest Lakes Blvd. 5- 10 -07: Southern Services PO increased by $ 3, 340.00 till end of FY. (F -30) — COMPLETED - (POC Tessie Sillery) —O & E Report for Woodshire Lane Project is to determine responsibility for Tree Trimming— Woodshire Lane (Includes: ROW Survey and O & E Report on ownership at comers intersection of Woodshire Lane @ Pine Ridge Road) 03- 09 -07: Met in field with George Fogg — reviewed project - questions were raised in regards to which trees need trimming. 03- 09 -07: After meeting in field — landscaping was notified of committess concerns — to trim hedge & remove palm tree for obstruction of oncoming cars. 03- 13 -07: Project to be discussed at meeting — Who owns the comer of Woodshire & Pine Ridge? 03- 22 -07: Staff requires survey indicating location of trees prior to issue of Work Order/Purchase Order to trim trees. Determination of ROW needs to be made through survey. 04- 11 -07: MSTU Committee approves not to exceed $6,000.00 for ownership and encumberance report and survey for the Woodshire Lane from Forest Lakes Blvd. to Pine Ridge Road. 5 -11 -7 : Confnmation for ownership and encumberance report cost from Executive Title in the amount of $90.00; Request for Purchase Order submitted. PO issue is pending. Quotes for survey from annual consultant is for $2,500.00 from ABB Engineering. — Thes two companies are not annuals — denied quotes 5- 23 -07: PO Request in process — waiting on a PO - $750.00 5- 30 -07: NTP - 30 days 6- 30 -07: Received All three O & E's on all three locations requested (F -35) — COMPLETED - (POC Darryl Richard) — Survey for Woodshire lane up to Forest lakes blvd. 9,12,2007 1611 5 5- 15 -07: Requested for quote from RWA 5- 23 -07: Processing WO with Contractor 6- 20 -07: NTP — with completion date of August 17, 2007 7- 23 -07: Benchmark delays — Darryl provided RWA with platt map to better define benchmarks. 8- 17 -07: survey completed. (F- 32) - COMPLETE: (POC: Darryl Richard) — Overlay Project #1 — Bond Issue Project List SCHEDULE: 3- 13 -07: Scope of overlay project rec'd from malcome pernie 4- 10 -07: Quotes for Overlay Project #1 have been reviewed. Contractors have been requested to confirm unit cost for quote. 4- 16 -07: Final Quotes for Overlay Project 41 have been received. Bonness is the apparent low quote at $189,495.79; other quotes: Quality at $197,552.50, Better Roads at $196,829.00; Committee has already approved not to exceed $310,000 for project at March 14, 2007 meeting. 4- 27 -07: Approval of Work Order pending. Work Order Issue will be for 30 day time -line. 5- 23 -07: NTP — 5 -14 -07 — Bootless 6- 13 -07: Contractor to start project on 6 -18 -07 with 2 week construction 6- 27 -07: Completed (F -20) coMPl.t.iF ( POC: Darryl Richard) — Gravity Flow System: Proposal for Design Phase 9- 12 -06: Need Scope of Services from Consultant. 9- 13 -06: MSTU Committee approves `Not to exceed' for $90,000.00 for the project 9- 25 -06: Scope of Services received from WilsonMiller exceeds the $90,000.00 limit. WilsonMiller to revise scope. 10- 11 -06: Committee approves not to exceed $120,000 for WilsonMiller Scope of Services. 12 -6 -06: Committee notified that Notice to Proceed will not be sent to WilsonMiller until review of proposal by Staff and Malcom Pirine has been completed. 1 -17 -07 : pending Malcom Pirine to review 2 -6 -07: Upon Consultant review and staff review NTP sent to WilsonMiller for project. 3- 13 -07: Wilson Miller locating existing utilities for project 4 -5 -07: Stop Work Issued for Gravity Flow System Project. Project is under review by Malcolm Pirine, Collier County Stormwater Department (Oversight— In House), and Department of Alternative Trans. Modes. 7 -1 -07: Project cancelled as per committee request. (F- 27)— COMPLEIFlPO(': resvc Sillcrv) - Engineer study — mm on Woodshire 12 -05 -06: Documentation sent to Traffic Operations for review of proposed installation. Meeting with Bob Tipton, Director, Traffic Operations. 1- 10 -07: Bob Tipton confirms that installation is not approved. 1- 17 -07: As per discussion with Bob Tipton, Traffic Operations will review in terms of `SDP' for Publix shopping center and report back to ATM Staff. 1- 13 -07: Discussion with Bob Tipton regarding determination of approval for "No Left Tom" sign. 2- 22 -07: No Left Tom Sign Installed by Traffic Operations through Bob Tipton 3 -8 -07: Traffic Ops Director — reviewing PUD— The sign installed by traffic ops is only temporary till further review is done 4 9/12/2007 16 11 'Bi (F -28) — COMPL E "IE (FOC Darryl Richard) —Malcom Pirine Project Management Oversight Services— Committee approve $40,000.00 for annual services. 12 -06 -06: Committee approved the funding for Malcolm Pirine Contract 12- 19 -06: Malcolm Pirine delivers Fee Matrix for proposal 12 -20 -06: Staff request revised Scope of Services for proposal to math Fee Matrix. 12- 22 -06: Malcolm Pirine revised Fee Matrix received. 1- 08 -07: Work Order picked up by Malcolm Pirine for signature. 1- 17 -07: Work Order in system for signatures; Noma Feder has signed; Release from Purchasing Pending 1- 19 -07: Work Order rejected by purchasing— due to Consultant not using fixed fees. 1- 23 -07: New Proposal received from Consultant 1- 25 -07: Work Order Ready for Pickup by Consultant 1- 26 -07: Consultant Picked up WO. 2- 08 -07: WO went through signature approval and pending purchasing approval & PO release 2 -9 -07: Notice to Proceed for Malcolm Pirine sent (F -17) - C'OMPL I i F -Wilson Miller- Annual Consulting Services- WilsonMiller- Scope of Services received for $30,000.00 from WilsonMiller, Requires Committee Approval. Committee approved $30,000.00 — Work Order issued January 23, 2006. 8 -21 -06 — Ongoing 1- 17 -06: Reciept of final invoice from WilsonMiller pendng, following final invoice PO will be closed. (F -13) — CCJMPLFIF —BOND Resolution & Executive Summary — Coordination with Scott Teach based on WilsonMiller cost estimate. 6- 12 -06: Scott teach met with Smykowsky & will be working with Finance Board. 6- 27 -06: Meeting scheduled for 6 -28 -06 7- 18 -06: BCC to approve on 7 -25 -06 — Resolution to put on election ballot for bond issue 8 -7 -06: Scott Teach reports ballot will be by Mail and not by actual vote on Nov. 7, 2006 -As per Jennifer Edwards Spvr of Elections 8- 21 -06: Tessie Uploaded new resolution superseding 2006- 201 — consent agenda —bee 9 -12 -06 9- 12 -06: BCC Approved Bond Resolution. Approval by voters on November 7, 2006 required. 11 -08 -06: Confirmation from Scott Teach that Bond Issue has been approved by Voters (F -24) — C'OMPL I II D - Two Staff Gauges 11 -08 -06: Fogg moved to install the staff gauges. 12 -04 -06: Issue of Purchase Order pending for Work Order 12 -13 -06: NTP —Work Order - $1,200.00(90 days) 2- 14 -07: Committee consensus is to cancel this contract. Staff concurs with recommendation, PO will be cancelled. (F -17) - COMPLF,TF- Water Flaw Data Loggers (and related request for verification of water levels throughout the Forest Lakes Community) 7- 22 -03: Purchase Order for $6,000.00 Project Cost ($2,000.00 installation and $4,000.00 material) issued to WilsonMiller for installation of water -level recorders. 3 -3 -06: Gordon River Outflow Meeting with: Clareree Tears, SFWMD; Eugene Calvert, Director Stormwater Dept;Jerry Kurtz, Stomnwater Dept; Darryl Richard, MSTU Project Manager; and Craig Pajer, Consultant, WilsonMiller. Clarence Tears states in meeting that if the Forest Lakes MSTU can provide data that the lowering of the Gordon River Outflow Weir Structure (to allow for better flow of water from MSTU) is justifiable that the SFWMD would consider such a proposal to lower the outflow level at the weir structure. 3 -6 -06: Request sent to WilsonMiller ( Craig Paler) to verify the operational status of the water level recorders. 3- 30 -06: Request sent to WilsonMiller for verificationrelated to the warranty of the recorders and location and operation of the recorders. 5- 11 -06: Staff Project Manager Darryl Richard request all data related to the installed recorders and status of the recorders and data obtained. 6 -2 -06: WilsonMiller Project Manager Craig Pajer delivers electronic files containing data recorded. A report indicating the significance of the data was not provided by WilsonMiller. There has notbeen any document produced by consultant analyzing and /or summarizing the data collected. 8 -9 -06: Committee Voted to authorize $15,000.00 for the purchase of new (water level) flow meters for Forest Lakes MSTU. 8- 21 -06: Staff research online indicates that there are a variety of produ:ts available and consultation with Stormwater Department indicates that there are products which SFWMD prefers for use in this application. 8- 29 -06: Stormwater Project Manager Jerry Kurtz meets with MSTU Project Manager to review the proposal, Jerry recommends contact with Tim Howard of SFWMD to determine which product best suits the needs of Forest Lakes MSTU. 9 -1 -06: Phone consult with Tim Howard indicates that the method for obtaining 'verifiable' data which is `defensible' is utilizing a product that both records the data and automatically sends it for processing. Estimated cost of product and installation of such a system is $40,000.00. Vendors were reviewed for type of productoffered: Campbell Scientific; Hydro lab Products; and YSI Products. Engineering Consultation was recommended from County Stormwater Dept and from SFWMD for installation and continuous monitor of system and data collected. The possibility of tie into the existing SFWMD data base collection system was mentioned (F -19) - COMPLETE— Asphalt Repair (3 mobilizations) Pot hole repair and other ($25,000) 8 -18 -06 — Burnes to pick up WO 8 -21 -06 — waiting on homes signature 8- 22 -06: Bonness signed WO; issue of PO pending. 8- 31 -06: PO sent to Bonness; 9/12/2007 1611 d,.. 9- 19 -06: Bonnes confirms that repair areas are marked and areas are approved by Project Manager. 10- 18 -06: Bonness crews are onsite making repairs to pot -holes (1" mobilization). On Monday 1023/06 Bonness will re- mobilize for additional repairs. 10 -31 -06: Bonness Paver repairs completed. (F -22) COM 111, [A E —Obtaining Additional Scope of Services for Annual Consultant; at the request of Committee Chairman and ATM Department Director Limon Staff is obtaining alternate Scope of Services from Collier County Annual Vendor List and other private sector Engineering Finns. 10 -5 -06: Request for Scope of Services sent to annual vendors on Engineering Annual Contract. 11 -7 -06: List of Firms subrom ing quote recorded. Staff recommends Special Meeting for review of proposals. (F -24) COMPLLTI-: — MSTU Committee directs staff to meet with SFWMD concerting the installation of water level recorders. Meeting is to have Dept. Director Diane Flagg, Project Mananger Darryl Richard, Consultant Craig Pajer, Clearance Tears SFWMD, Eugene Calvert, Dir. Stortnwater Dept, and one representative from Forest Lakes MSTU Committee (recommended was Chairman Bob Jones). 10- 12 -06: Committee directs staff to set up meeting and obtain services from Mancan for minutes. 10- 25 -06: SFWMD recommends installation of staff gauges, WilsonMiller to providequote for installations; In reversal of previous recommendation— installation of electronic recording devices is not recommended and determined to be un- necessary. (F -21 b)— COMPLETE Shenandoah Construction— Quail Forest Blvd. Desilting (includes surrounding areas within Forest Lakes MSTU) 9- 13 -06: Forest Lakes MSTU Committee approved project for Shenandoah Construction based on Annual Contract rates. 10- 10 -06: Shenandoah Construction submits quote based on $15,000.00 amount with invoicing to be as per completion of each section based on contract rates. Project is complete invoicing is pending. Shendoah invoiced for $13,718.25 (F-2 la)— C'OMPI. L' I F. - Shenandoah Construction— Woodshire Ditch. Desilting Project 8 -9 -06 — Committee voted on an up to $15,000 to get clearing and restoring the drainage Swale at woodshire ditch (east to west portion. 8 -21 -06 — Pending Quote from Shenandoah — annual 8- 31 -06: PO sent to Shenandoah for project. 9- 12 -06: Project 80% complete 9- 15 -06: Project 10000/ complete. (F -14) CANCLLLIU— Woodshire Lane —Re- grading /Cutting of ROW Edge& Sod Installation 8 -9 -06 - Committee approved up to limit— pending Quotes coming in. 8 -21 -06 — WO 4 assigned and to be picked up by Bonness (4, 962.64) 9 -1 -06: WO returned from Bonness and forwarded to Gloria Herrera for review /Sharon then to Norm Feder 9- 12 -06: Need approval for $4,962.64 for project. 9- 13 -06: Committee selected not to approve necessary funding for project. (F -12) COMPLEI L— Committee member Roger Sommerville rel. to Swale 415 and nearby Lake; Limon Staff Project Manager and Consultant to review project to determine any outstanding items and also the level of the Lake in relation to the swale level. 8- 31 -06: WilsonMiller Craig P4er reports site inspected and no problems or punch list items. Victor (Engineering Tech) performed inspection. 9 -7 -06: Staff Project Manager meeting with Craig Pager confirms WilsonMiller inspection finding no outstanding punch -list items. (F -11) - COMI'LLl lI -Mail out for Bond Issue Referendum 8 -9 -06: George Fogg moved to fund a mailing to registered voters in order to explain the ballot, this will be done by staff. 8 -21 -06 : Staff will coordinate with Committee Chairman Bob Jones for content of mail -out. Man Can will provide the assistance for mailing. 9- 13 -06: MSTU Committee 9- 12 -06: County Attorney Scott Teach and Committee Chairman sign off on mailing. 9- 19 -06: Mancan services sent not mailing. (F -10) - COMPLL I L - Pump System Repair— Emergency repair of Forest Lakes Pump System on 7/28/06. 7- 28 -06: Florida Irrigation Supply (FIS) repairs pump system for Forest Lakes as an emergency call for $600.00. 8- 02 -06: Purchase Order issued to FIS for repair cost Invoicing is to Forest Lakes MSTU. 8- 10 -06: FIS invoice for $800.00 exceeds quote. Staff request FIS to re- invoice for correct amount. (F -9) - COMPLETE - Lake 4 6— Villas Drainage Improvement - Craig Pager — County Attorneys — To determine if the project scope is within the authorization of the MSTU Ordinance. 8- 23 -06: RLS sent to Scott Teach for determination of weather the scope of proposed project is authorized by Forest Lakes MSTU Ordinance. 9 -1 -06: Liaison Staff receives notification from Scott Teach that the scope goes beyond what is authorized by Forest Lakes MSTU Ordinance. Project is not authorized by Forest Lakes MSTU Ordinance as it is not `roadway related drainage'. (F -8) COMPLI, II' - Roadway Signage and Pavement Marking Study — Installation of Signs - COMPLETED— Committee approved for signage —committee chairman has requested that consultant review and revise the quantity of signs. 9/12/2007 1611 ' 4- 17 -06; PO issued to Lykins for $12,045.00; Lykins begins work on 4- 17 -06. 5 -15 -06 — NTP given— project under construction — estimated to be done 5 -20 -06 5- 24 -06- Project Complete -need to have final walk- through. 7 -18 -06 — FINAL INSPECTION — PROJECT COMPLETE (F -7) COMPLFTF -,Painting of Markings - Quotes requested from new Collier County Annual Contractor Tmtwin (Fort Myers Location). 5- 30 -06; Quote from Tnmwin based on annual contract for traffic markings pending 6- 12 -06: Trutwini requested new drawings with textthat is legable from Wilson Miller - no drawings reced. 6-27-06: Submitted PO request on 6 -27 -06 7 -12 -06 : Project completed (F -6) - COMPLETE - New Committee member selected Mr. Fogg —BCC Approved on 9 /13/05 Complete; BCC Approved Fogg, (F -5) COM PI. FTF — S WALE #15 —Kyle Construction 100% complete —need consultant report on final inspection. 4- 17 -06; Need WilsonMiller notification of Final Inspection. 6112/06 - Project complete — waiting on WM to submit letter of final completion. 627 -06 - Project complete— waiting on WM to submit letter of final completion. 7 -12 -06 - Craig Pager to meet with Darryl — final completion documentation 8 -7 -06: Substantial Completion with Punch -list complete (F- 4) —COM PLF'IT Swale 4 7 & 10 Regrade; WM has completed design. WM completing Bidding with Annuals. 4- 17 -06; Work Order for Higgins pending 5- 15 -06, NTP — 5 -8 -06 - DN Higgins — Wilson Miller performing construction observation 6- 12 -06, Construction Reports from Wilson, Miller— Pending (50% completed) 6-27-06: Waiting on report from Wilson Miller 7 -12 -06 - Craig Pager to meet with Darryl — final completion documentation 8 -7 -06: Substantial Completion with Punch -list complete (F 3) — COMPLL II - Swale 4 2 Regrade;m WM has completed design WM completing Bidding with Annuals. 4- 17 -06; Work Order for Higgins pending 5- 15 -06, NTP— 5 -8 -06 - DN Higgins — Wilson Miller performing construction observation. 6 -12 -06 Completed —need report from Wilson Miller 6 -27 -06 Completed— need report from Wilson Miller 7 -12 -06 - Craig Pager to meet with Darryl — final completion documentation 8 -7 -06: Final Completion Document Executed (F -2) — COMPLEII— Woodshire Lane Overla9 Project -1" Overlay of Woodshire Lane. Committee Approved $48,000.00 for this project. 5 -15 -06 —Work Order — picked up by Contractor— waiting for signature. — Contractor schedule — Mid June to begin. ` 5 -30 -06 ;Construction to begin on 5 -31 -06 field meeting to held. 6 -27 -06: Completed —and final inspection requested. 7 -12 -06 - Craig Pager to meet with Darryl — final completion documentation 8 -7 -06: Final Completion Document Executed. (F -1) COMPLEI L — Pump Generator- 8-9-06 - Committee voted to rent a generator if its needed in an emergency WOODSHIRE LANE RIGHT OF WAY EXHIBIT HOME DEPOT NAPLES PARCEL "H" PLA.1'LOOK 33 PAGF 65 PINE RIDGE ROAD (C.R. 896) NORTHING: 685285.30 FASTING: 402884.88 EXISTING GOLF COURSE FOREST LAKES GOLF AND TENNIS CLUB O.R. BOOK 856, PAGE 916 -987 FOREST LAKES BLVD DRIVE NORTHING: 6B2812.75 EASTING: 402891.37 L IS 1 0 50 100 GRAPHIC SCALE 1 "= 100' "DI TAINC.V uali ation CONSULTING Civil Fngiueerin9 1 \ 1 T.& 1 Surveying & Mapping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phaee:(239)597 -0575 FAX: (239) 597-0578 LrJ Z Q J W CL U) L7 C7 O r �S `i <L t- liJ S W (n a: a. w r� Y zz Q � <D O � m (Y i 47 O D ED rc1 0 ro NOR LdING: 68bdB5.91 EAST INO: 402952.14 HOME DEPOT NAPLES PARCEL "R" PLAT BOOK 33 PAGE 65 PINE RIDGE CROSSING SHOPPING CENTER, TRACT "J ", PLAT BOOK 22, PAGE 8 PINE RIDGE CROSSING SHOPPING CENTER, TRACT "H", PLAT BOOK 22, PAGE B NORI HING: 682736.97 EAS I ING: 402952.14 LEGEND & ABBREVIATIONS R.O.W. = RIGHT OF WAY C. R. = COUNTY ROAD NOTES: STATE PLANE COORDINATES WERE OBTAINED USING THE COLLIER COUNTY NETWORK, FLORIDA, EAST ZONE, 1983 NORTH AMERICAN DATUM (NAD83), 1999 ADJUSTMENT. THIS IS NOT A SURVEY. CLIENT: " -1GD' MWrr av- TITLE: MAS L11,EEb 61 JJH SEC. two-. retie PROJECT 14 495 25E NUMHER: COLLIER COUNTY TRANSPORTATION SERVICES WOODSHIRE LANE R.O.W. EXHIBIT SHEET FILE 070103.00.00 I NUMDER: 1 OF I I NUMBER; 0001 W n I J ' J J J ' N ' um ❑ I U C a N I J O O ON I O U U Y tr� W W 2 G W w N D 9 N Y W a d C 4 rl IT q ly d N N F � � H q N N N 0 Y a� C O O O U D Y L Y I � U U U Y LG U r m D D D o w v a m'O a rno O M N Ol I Y q E N N a N N N N W 0 0 0 (y U u° w m w e+ Y 0 � I G V O O O b0 0 0 O U Y Y Y 9 C b 1 I I I I II 1 I 1 O N o N N m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o g M o o w m P o 0 o ip w O M w O O O e'I O O O O O O M O O O O 10 O N N O O 10 N O O N g O O N N r O O! 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Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes — September 12, 2007 V. Landscape Maintenance Report - Ground Zero VI. Transportation Services Report A. Budget - Caroline Soto B. Project manager's Report - Tessie Sillery 1. FDOT LAP Grant Project: fountain/lights 2. Decorative Road Signs 3. Crosswalks 4. Effluent Water Project 5. FPL Utility Pole work Causing Breakage VII. Old Business A. Future Projects 2008 B. Roadway Signage Changes C. CRA Update Report D. Discuss Post Hit near Trailer Park E. Accident on Baysbore by Moorhead Manor F. Sammy Aleman Donation of Foxtails VIII. New Business IX. Public Comments X. Adjournment 7007 rf� `(` .xinty Commissioners The next meeting is November 14, 2007 x14:00 PM Naples Botanical Gardens 4820 Barshore Drive : )rre& Naples, hT 34112 Ve 1 gb 1611 ;B "shore Bewdificafiorr M.8JA Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 September 12, 2007 Summary of Minutes and Motions IIl. & IV. Approval of Agenda and Minutes of July 12, 2007 as Amended. VI. Transportation Services Report Wayne Hart distributed and reviewed Crosswalk plans. (Attached) (T -3) Sidewalk provides connectivity on each side of Bayshore to the convenience store for pedestrians. System has Federal Highway and FDOT approval. Tessie Sillery has requested an estimate to add the Bayshore logo to the sidewalk. Reporting on the different application processes that could be used stamped vs. thermal plastic. Thomas Finn moved to approve researching both solar and thermal plastic. Second by William WU1komm. Motion carried unanimously 3 -0. VII. Old Business B. Sammy Aleman Donation of Foxtails — Tessie Sillery reported the existing Silver Buttonwood trees are planted directly under electrical lines. Due to FPL minimum clearance restrictions the Buttonwoods could not be replaced with Foxtail Palms. The Buttonwoods are the right tree for the location. The following suggestions were made: 1. The MSTU would remove the existing trees and fill the voids with pavers. Mr. Aleman could plant the Foxtails on his property without FPL restrictions 2. The Buttonwoods would be trimmed and remain in their location. ➢ MSTU would continue to maintain the Silver Buttonwoods Based on new information William Willkomm moved to request Mr. Aleman attend the October 17, 2007 meeting for further discussion. Second by Thomas Finn. Motion carried unanimously 3 -0. 16110 6 8nysAwd 800dipeatiom /KJJJ1. Advisory Committee 2885 Horseshoe Drive South Naples Fl- 34104 September 12, 2007 Minutes I. The meeting was called to order by Maurice Gutierrez at 4:05 PM. II. Attendance Members: Bill Neal (Excused), Tom Finn, Maurice Gutierrez, Conrad Willkomm, Victor Brittain (Excused). County: Tessie Sillery - MSTU Project Coordinator, Caroline Soto - Budget Analyst, Diane Flagg — Director Alternative Transportation Others: Wayne Hart — Traffic Engineer Wilson Miller, Darlene Lafferty — Mancan, Aaron Gross — Ground Zero Landscape III. Approval of Agenda Add: VI B. 3. Crosswalks, Wayne Hart — Wilson Miller Maurice Gutierrez moved to approve the Agenda as amended. Second by Tom Finn. Carried unanimously 3 -0. IV. Approval of Minutes — July 11, 2007 Change: Page 1, Date "July 11, 2007' Tom Finn moved to approve the minutes of July 11, 2007 as Amended. Second by William Willkomm. Motion carried unanimously 3 -0. V. Landscape Maintenance Report — Ground Zero Aaron Gross reported: • Fertilized and sprayed • Main line break - 2 '/2 inch line • 1 Clock board was sticking • Fall mulching would begin in 2 weeks • Repaired 4 banners with broken hardware. • Dry sod areas on Bayshore caused by a combination of foot traffic and compliance with water restrictions. • Replaced 2 Foxtails with leaning heads at Bayshore Bridge. 1611 Tessie Sillery received a quote in the amount of $415 to remove a Royal located near Bayshore Laundry and replace with sod. Vl. Transportation Services Report A. Budget Report Caroline Soto distributed and reviewed. (Attached) • Line 30 Operating Expenses $113,839.75 remaining open P.O.s • Operating Expense Paid to Date $136,423 • Improvements General Paid to Date $84,974 • P.O.s Paid to Date $221,397.56 • Accident reimbursement received $13,537.87 Wayne Hart distributed and reviewed Crosswalk plans. (Attached) (T -3) Sidewalk provides connectivity on each side of Bayshore to the convenience store for pedestrians. System has Federal Highway and FDOT approval. 1. Laser detects pedestrian crossing and sends a signal to the sign to alert the driver as a flashing yellow light. 2. Laser sends a signal to the advanced warning sign. 3. Electrically or Solar powered An assessment is needed to determine if there was sufficient sight distance to make a right hand turn from Lakeview onto Bayshore. (T -4) Second Sidewalk Plan located at Weeks Ave. Tessie Sillery noted relocation was requested to the SE comer for easier access to the shopping center. Tessie Sillery has requested an estimate to add the Bayshore logo to the sidewalk. Reporting on the different application processes that could be used stamped vs. thermal plastic. Thomas Finn moved to approve researching both solar and thermal plastic. Second by William Willkomm. Motion carried unanimously 3 -0. Recommendation was made to meet October 17, 2007. Quotes would be brought to the meeting. B. Project Manager's Report - Tessie Sillery Was distributed and reviewed. (Attached) 1. FDOT LAP Grant Project: Fountain/Light. Notice to proceed was submitted to JRL for design. (Attached) Effective start date September 5, 2007. 90 day Project with Final completion date December 4, 2007. • (13-18) Project schedule: a. First meeting scheduled with BCC 1/8/08 b. Proceed with Construction 2/11/08 0 2. Decorative road signs — Punch list to be completed 3. Crosswalks — Previously discussed 4. Effluent Water Conversion Project — (13-24) Currently in Risk Management. Scheduled Final Completion date 12/13/07. 5. FPL Utility Pole Work Causing Breakage — Follow up required on reimbursement. VII. Old Business A. Future Projects 2008 — None B. Roadway Signage Changes - None C. CRA Committee Member - None D. Discuss Post Hit near Trailer Park - None E. Accident on Bayshore by Moorhead Manor - None F. Sammy Aleman Donation of Foxtails — Tessie Sillery reported the existing Silver Buttonwood trees are planted directly under electrical lines. Due to FPL minimum clearance restrictions the Buttonwoods could not be replaced with Foxtail Palms. The Buttonwoods are the right tree for the location. The following suggestions were made: 1. The MSTU would remove the existing trees and fill the voids with pavers. ➢ Mr. Aleman could plant the Foxtails on his property without FPL restrictions 2. The Buttonwoods would be trimmed and remain in their location. ➢ MSTU would continue to maintain the Silver Buttonwoods Based on new information William Willkomm moved to request Mr. Aleman attend the October 17, 2007 meeting for further discussion. Second by Thomas Finn. Motion carried unanimously 3 -0. VIII. New Business IX. Public Comments — None X. There being no further business for the good of the County, the meeting adjourned at 5:55 PM. The next meeting is October 17, 2007 at 4:00 p.m. Naples Botanical Gardens 4820 Bayshore Drive Naples, FL 34112 1611 1 ti? 6 September 12, 2007 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes BAYSHORE MSTU Proiect Status (B -35) _ACTIVE -(POC IessieSillery) Foxtailsinstallation - Daycare - AlemanDonation 7 -20 -07 - Received Quote from Ground Zero with changes - $ 7,349.00 - Per Pam don't use foxtail get too big for under power lines 8- 17 -07: Site visit with Pam Lulich - She suggested Mr. Aleman put the trees on his property - since 9- 10 -07: Received several estimates and will discuss at wed. meeting for overall committee decision. (B -33) - COMPLETED (POC: Tessie Sillery)- Decorative poles for Road Signs (Bayshore vs Thomasson) 3- 19 -07: Victor - requested committee to discuss changing signs. 3- 21 -08: Lumens responded: Quote: Painted decorative 4" post with ball finial top, for use with signage, around $600 each, plus frt, in a standard color. If we have to use the custom RAL color, there is a $500 lot setup charge whether there are one or one hundred units. 3- 21 -07: Committee decided to have Tessie & Vick review idea and information. 4- 18 -07: Vick & Tessie Field study. 5 -9 -07: Lykins sent in a quote and Committee will discuss. 5 -9 -07 : Committee approved and request for po pending traffic ops approval. 5- 14 -07: PO - Lykins — setting up meeting for next week - field meeting to give NTP 5- 30 -07: NTP - given and August 30`", 2007 Final Completion due date 7- 11 -07: Sign Poles to be installed in two weeks. 7- 23 -07: Sign Poles to be installed next week. - Per email from Tony Lykins on 7- 23 -07. 8- 02 -07: Lykins began installing poles today. 8- 15 -07: Project Completed, punch -list inspection pending. 8- 22 -07: Some signs were missed by Lykins and will be bringing new estimate to committee on 9- 12 -07. - Punch list - to be completed. (B- 31) -AC "FIVE (POC: Tess icSiIlery )Cross-Walk Installations 2 -8 -07: Request for information sent to Bob Tipton for clarification of what steps need to be taken 2 -8 -07: Per Traffic Ops Dir. They would need to hire an engineer to prepare and S &S the plans and specs (simple plan view with signing detail) and then have their contractor apply for a R/W Permit to install it. They would also need to present an agreement to maintain the installation along with the Permit application. 3- 21 -08: City of Marco replied - crosswalk (4 lanes of traffic & 158 median) $75,000 including design & installation 3- 21 -07: Committee requested for Vick and Tessie to do a study. 4- 18 -07: Vick & Tessie will be out in the field. 4 -30 -07 : Tessie Gathering information for meeting from City of Naples & City of Marco 5 -9 -07: Committee requested for more information and two scopes for two different crosswalks for design & construction for next meeting. 5- 16 -07: Met with Tipton and discussed statutes and approved FDOT crosswalks. 5 -30- 07: Met with Chief Pottinger/Maurice/ Pam Lulich/Bob Tipton - all agreed good site for crosswalk and Maurice is fine with the plans. 1611 6 5- 30 -07: Requested Wilson Miller to do scope on fire signal plans to add crosswalk and to do another scope of two other locations with cost analysis. .6- 15 -07: Received Scope for 1 crosswalk design only - $2,500 at the firestation and $7,500 for two other locations — design only. 6- 18 -07: Field trip with Tipton and he approved all three locations for crosswalks 6- 18 -07: Tipton requesting to see Botanical Walkway 6- 29 -07: Requested quotes from three other firms 7-11-07: No one replied due to email problems — and holiday. 7- 23 -07: Bayshore Committee approved up to $7,000 for crosswalk design & Work Order in process waiting on Engineer Consultant. 8- 22 -07: Wayne Hart — Wilson Miller will be attending Sept. meeting with the design. 8- 23 -07: Reviewed locations with Victor. and get Diane's advise. 9- 06 -07: Wilson Miller provided design for crosswalks — to make presentation at meeting on wed. (B -24) — ACTIVE -(POC Darry I Richard) Effluent Conversion Project SCHEDULE: Bayshore MSTU: Effluent (Re -Use) Project - Windham Design Consultant Bayshore MSTU: Effluent (Re -Use) Project -Windham Design Consultant PHASE Start - End Date DESIGN 21 DAY BIDDING BID DUE Bayshore Committee Approval BCC APPR NTP CONST 90 Day Substantial Completion Final Completion Date 2/14/07 - 4/14/07 (plans delivered 5/1/07) 5/21/2007 - 7/2/2007 7/2/2007 7/11/2007 8/14/2007 9/14/2007 12/13/2007 12/13/2007 10 -4 -06: Committee approves $15,000 for Consulting Services 10 -5 -06: McGee & Associates contacted regarding project Scope of Services. 10- 20 -06: Question regarding technical specifications for project and `As Built' plan request by McGee & Associates. 10- 30 -06: Plans of record are forwarded to McGee. 11-3-06: Application for Meter Tap received from Utilities — Liaison Staff to complete and return to Utilities; No Scope of Services received from McGee & Associates. 1 -2 -07: Scope of Services received from Scott Windham Landscape Architect and James Abney Irrigation Consultant. 1- 16 -07: Committee approved proposal on 1 -3 -07 - WO 4 requested for $4,542.00 1- 23 -07: WO ready for pick up 1 -31 -07 : WO picked up — Windham on family leave emergency 2- 01 -07: WO received by County staff 2- 01 -07: WO routed to Budget Analyst for processing for signatures 2- 12 -07: Re -Use Department completed tap to re -use line on Thommasson at Bayshore Drive. 2- 14 -07: NTP — Windham — Work Order ends April 14, 2007 3 -21- 07: 100% design submittal due April 14, 2007 by Windam & Assoc. 4- 17 -07: Pending - 100% design submittal due April 14, 2007 by Windam & Assoc. 5- 14 -07: Plans under review. 5- 23 -07: Plans delivered to purchasing ready for bid process. 6- 14 -07: Pre Bid meeting —bids are due July 2, 2007 7- 11 -07: Addendums — bids are due by July 11, 2007 7- 23 -07: Executive Summary — In Novus for Absentia — BCC — Aug. 24, 2007 8- 14 -07: County Manager Approval (Abstentia BCC Action) 1601 0 6 8- 22 -07: Risk Mgmt. is reviewing contract 9- 10 -07: Waiting on approval of contract from Risk Mgmt. (B -18) - ACTIVL. - (POC Darryl Richard) FDOT Lighting Grant - Bayshore Bridge Project; SCHEDULE: Bayshore MSTU: Lighting at Bayshore Bridge - LAP Project Bayshore MSTU: Lighting at Bayshore Bridge - LAP Project PHASE Start - End Date NTP Design 9/05/07 30 Days to 100% Drawings 9/0512007 - 10/05/2007' 60 Days Contract Admin 10/0512007- 12/04/2007 21 Day Bidding 11/15/2007 - 12/6/2007 BCC APPR 1/8/2008 NTP CONST 2/11/2008 90 Day Substantial Completion 2/1112008- 5/11/2008 Final Completion Date 5/11/2008 "contingent on FDOT Approval of drawings Lighting Project - $150, 000 (construction); $50,000 (design) LAP Agreement. 4- 12 -06: Bayshore MSTU Committee Action to proceed with Project and for Staff to do the RFP 5 -1 -06: Purchasing Assisting with RFP Process. Contact with Committee for RFP and confirmation of participation pending. 5- 30 -06: Required project scope to be pedestrian lighting within 300 feet of Bayshore Bridge. Environmental impact statement complete and coordinating with purchasing for RFP. (Consult w/ Kevin Dugan for environmental) 6- 12 -06: Michelle Peronto reviewing submittal per environmental impact statement. — Purchasing coordinating RFP. 6 -27 -06 — Environmental Review pending 7 -18 -06 - Environmental Review pending 8 -2 -06 - Environmental Review pending 8 -7 -06 - Environmental Review pending from FDOT and issue of Notice to Proceed (NTP) 8- 22 -06: Environmental Review pending from FDOT and issue of Notice to Proceed (NTP) 8- 30 -06: Michelle Peronto reports that additional documentation is required for submittal. Staff provides necessary documentation as per request. Michelle indicates that the project is `on track' as per her schedule. 9 -6 -06: Michelle Peronto has all of the documentation need for processing LAP Agreement and will issue a Draft LAP Agreement within 15 days. Anticipated date of LAP Draft Agreement from Michelle Peronto is Friday, September 22, 2006. 9- 28 -06: Draft Agreement from FDOT received 9- 29 -06: Scott Teach approves draft Agreement with one minor change. 10 -5 -06: Staff receives Agreement form FDOT. 10 -5 -06: Anticipate BCC action on Nov. 28, 2006. Staff to prepare documents. 11- 28 -06: BCC approved LAP — Agreement 12 -4 -06: Signed LAP and Resolution by BCC approval picked up 12- 18 -06: FDOT Notice to Proceed for RFP Design Consultant received. FDOT Design Phase for project is NTP date 12- 15 -06; services are to be completed on or before December 31, 2008. 12- 21 -06: PO issued to PBS for Construction of Bench and Trash receptacles (Qty. 4) 1- 16 -07: Coordinating with Purchasing on RFP 1- 30 -07: Request for quote for preliminary pricing sent to E.B. Simmonds and Lumec for cost considerations for project cost evaluation. 1611 6 2- 13 -07: Michelle Peronto confirms that RFP for Design is necessary and the RFP for Lighting Specification of Lumec may not be required if project drawings to not indicate "Lumec" as sole source but rather have `performance specification' called out. 2- 21 -07: Michelle Peronto confirms that $50,000 cannot be administratively transferred to Construction Dollars without multiple stem process (3 to 4 months) involving re- submittal to Collier County BCC. 3- 20 -07: RFP Committee selected and RFP submittals due by Engineer Consultants due April 19, 2007. 4- 17 -07: RFP Committee selected and RFP submittals due by Engineer Consultants due April 19, 2007. 4- 25 -07: First RFP Selection Committee meeting- preliminary review of proposals. Coordination and definition of Committee Member roles. Next meeting scheduled for May 15, 2007 for actual selection for Design Firm 5- 23 -07: Purchasing negotiating with JRL - selection committee chose JRL. 6- 20 -07: Purchasing negotiating with JRL and Darryl will be meeting on June 22, 2007 7- 11 -07: JRL and Daryl presented and discussed upcoming project 7- 23 -07: Contract Pending - Purchasing 9 -5 -07: Notice to Proceed - 90 days completion date: December 0, 2007 (B-28)-COMPLETE (POC: Tessie Sillery) Accident # 475 at Bridge 10- 30 -06: Landscaping Repaired 12- 16 -06: Lighting Repaired 1- 17 -07: PBS Contractor coordinating with Staff for a quote. PBS is working on quote. Specification for tile and forms for pre -cast work is requiring additional review. 1- 29 -07: PBS is finalizing quote for bridge. Suppliers have been contacted regarding pre -cast formwork. 2 -8 -07 - PBS getting special order for special bridge materials (coping) and tile -quote pending 2 -8 -07: PBS quote for $40,138.00 received by Staff. Will be presented to Committee at next regular meeting. 2- 23 -07: Confirmation with PBS for new quote. PBS reviewing cost items for update of previous quote. 3- 21 -07: PBS Quoted - $9,715.00 - attached proposal - 30 day construction time frame - after NTP. 4- 17 -07: Work Order in the system waiting for signatures. 4- 30 -07: W.O. waiting for system release on internal approvals. 5 -1 -07: NTP was given to PBS - To be completed by 5- 31 -07. 5 -9 -07: Pavers need to be ordered and will take up to 65 days for receiving . 5- 24 -07: Pavers are on order and will not be for 4 more weeks. 6- 19 -07: Waiting on the concrete caps. And should be done by Friday June 22, 2007 6- 30 -07: Project finished. 7- 18 -07: Field Meeting - looked and approved payment for project. (B -34) COMPLE I F. —(POC: Tessie Silleryt- FP&L -working on poles -have dug up irrigation. 3- 21 -07: Committee requested for tessie to check who did damage and can get reimbursed? 4- 10 -07: Requested information from Kate D. -FP &L Rep. 4- 30 -07: Kate out of town and requested information again. 5 -3 -07: Kate left a message saying - FP &L was not doing any work on bayshore. 5 -9 -07: Checking with Traffic Ops & checking with EB Simmonds. Unidentified contractor damaged irrigation system. Irrigation system has been repair by Ground Zero under contract. (B-26) - COMPLE fF - (POC: Tessie Sillery) Bayshore Drive Sign in Median 1 -3 -07 - Committee motioned for Darryl & David to come up with a design 1 -15 -07 - Darryl entailed committee with staff proposal with a deadline to receive confirmation on ideas. 1- 23 -07: David Jackson confirms image Concept E is approved for sign with words `Drive' 1- 29 -07: Request for PO for Diane to sign 2- 05 -07: NTP - timeline - 2 or 3 weeks 3- 21 -07: Timeline moved up to end of next week. 4- 10 -07: Sign refurbished and up on the pagoda ... looks good. (B -27) - COMPLETL -(POC: Tessie Sillery) Bridge Banners Only 4 1 -3 -07 — Committee motioned for Darryl & David to come up with a design 1 -15 -07 — Darryl emailed committee with staff proposal with a deadline to receive confirmation on ideas. By 1 -19 -07 1- 23 -07: David Jackson confirms approval for Concept E which is similar as existing image on sign with 'Drive' lettering. Tessie Sillery is coordinating on purchase. 2-5-07: NTP — timeline approx. 15 days 3- 20 -07: Banners received and took awesome. And are up on the bridge poles (B -29) COMPLETE ONGOING (POC: Tessie Sillery) Banner Replacement/Maintenance 1- 18 -07: PO for additional banner arms for replacement of damaged sent to FourSeason Banner. 1- 22 -07: replacement banner arms received from FourSeason Banner. 1- 26 -07: NTP - PO for purchase of 60 banners for continued replacement and installation sent to Lykins 2- 08 -07: Spoke with Lykins and estimated - timeframe 15 days 3- 07 -07: Banners received and Aaron put them up. 3- 21 -07: Aaron & Tessie will discuss with committee (old banners) 3- 21 -07: For now no new banner order per committee 4- 17 -07: Banners are looking good. {B -30) CANCELLED —(POC: Darryl Richard) Sidewalk Conversion to Brick Paver (from existing pavers to Windstar); Note: Project ends at Windstar due to projected developer project South of Windstar) 2 -8 -07: Request for quote sent to Bonness, Inc under annual contract. 3 -1 -07: Quote received on 3 -5 -07 - $ 229,844.08. 3- 21 -08: Committee to review quote today. 3- 21 -07: Committee put it on hold. — too much money for now. (B -32) COMPLETE - POC: Tessie Sillery)— PAGODA— PAINTING 2 -7 -07: Committee approved — Lykins Quote $1,000.00 2- 12 -07: NTP —and completed by 3 -12 -07 3- 12 -07: Pagoda painted and completed. B -34) - COMPLE "FE —4POC: Darryl Richard) — Lumens in existing pedestrian lights be increased? 2 -2 -08 : Traffic Ops. Director response: It wasn't just a case of wattage, but also of pole placement, luminaire height, and landscaping blocking the light from reaching the pavement. We responded to the Commissioner with our results and recommendation that the roadway lighting be maintained to provide safety for motorists, bicyclists, and pedestrians. (B -31)— COMPLE IT - (POC: Darryl Richard): Landscape on County Right -of -Way at 3137 Bayshore Drive; EBB Tide Apartments Inc.; Attn: Randy Richards; 2240 Davis Blvd.; Naples, Florida 34104- 4211 2 -2 -07: Meeting with Randy Richards confirms that crotons were removed as per January 3,d Bayshore Committee consent. Request was made from liaison staff that Randy submit any landscape plans to Bayshore MSTU Committee for review. Letter was sent confirming meeting and discussion. (B -30) — COMPLETE - (POC: Darryl Richard): Landscape on County Right -of -Way at 4069 Bayshore; Palmyra Club Investors LLC; c/o John Steffan, welovenaples realty, 4069 Bayshore Drive, Naples, Florida 34112; Owner Address:;1415 Panther Lane #223; Naples, Florida 34109 -7874; 2 -2 -07: Meeting with John Steffan confirms that his maintenance contractor will not be performing maintenance on the shrubs within the ROW. Letter sent to Steffan confirming conversation. 1611 a 6 (13-25) — COM PLETF. - (POC: Darryl Richard) Hedge on Bayshore —At the request of Code Enforcement and County Sheriffs Committee directed staff to trim hedge at 1 -3 -07 regular meeting. 1 -4 -07 — Completed — Contractor Trimmed Hedge (B -15) - COMPLE fE- CAT BUS BENCHES -DUMOR INSTALLATIONS —2 shelters and 2 benches will be installed at 4 locations on Bayshore Drive, Installation to be completed by September 30, 2006 6- 14 -06; Bench is on order through Victor Stanley, as soon as contractor receives order installation will immediately follow. 6- 21 -06; Need Status for order and permit 6- 27 -06; 10 to 12 weeks out (pbs did not order parts as requested) 7- 18 -06; 9 weeks out (pbs did not order parts as requested) and per pbs will be installed by 9 -1 -06 8 -7 -06: PBS has the 2 benches from Victor Stanley on order product has not been received to date. 8- 22 -06; Victor Stanley order not received by PBS. 9 -5.06: Victor Stanley order is confirmed exact shipment date has not been set. Anticipated Delivery of Benches is by October 15, 2006, 10 -4 -06: Committee approves $1,500 per installation at new proposed locations new CAT Bus Stops. Project will be coordinated with CAT. 2 sites (old Victor Stanley Bench locations) will be funded through CAT Funds; 2 additional sites will be funded through Bayshore MSTU Funding. Funding for 2 prior CAT installations is already allocated for that project. Additional 2 projects anticipated to be funded as per Committee approved $1,500 per installation. 10- 15 -06: 2 Victor Stanley benches are received by PBS Contractor. 10- 31 -06: Review of 4 sites for PBS Quote; PBS will provide quote for installation. 12- 15 -06: ROW Permit issued: Permit Time -lime: Work Commencement 12 -15 -06 with completion by 6 -30 -07 per permit. 1- 16 -07: Contractor will complete by 1 -26 -07 (B -22) — COMPLETE - Workshop - Bayshore MSTU and Bayshore Gateway Triangle Community Redevelopment Area (CRA) 9 -5 -06: Bayshore MSTU Committee votes to hold a ` Workshop' with the CRA; Specific Purpose needs to be determined; CRA Meeting Minutes need to be checked to determine commitment/vote by CRA to hold meeting as requested by David Jackson. 9- 19 -06: Request for information sent to David Jackson regarding CRA motion necessary to hold public meeting for Workshop between CRA and MSTU. 10 -3 -06: Request sent to David Jackson for specific Agenda for the proposed meeting. 10- 20 -06: Meeting is set for Dec. 6, 2006 at Human Resources Training Room. 10- 30 -06: Review and approval of Agenda is pending by Bill Neil, Committee Chairman. 12- 06 -06; Both the CRA and the Bayshore will have a workshop (B- 23)— COMPI.EfE - Canryforward Report: 8 -2 -06: Sharon Newman reviewed the distributed report (see attachment) noting that there is a $105,000 deficit in the budget. Discussion ensued on transactions within the budget being inaccurate. Only one grant is incorporated in the budget, the second is not. It was mentioned that the County's budgeting layout is not well presented therefore a summary demonstrating the total dollars in and total dollars out was requested; the County agreed to create a summary spreadsheet. It was also requested to have the person that audited the County's files be present at the next meeting. 9 -6 -06: Mark Isackson and Sharon Newman not in attendance and no report 10- 23 -06: Report that Sharon and Mark will attend next MSTU meeting on Nov. 1, 2006 l 1 -1 -06: Carryforward Report provided by Sharon Newman and Mark Isakson of Budget Office. (B -21) - COMPLETE - Application For Re -Use; Utilities Department Project Start 5- 16 -05: Project Manger Darryl Richard contacts Bob Casey for status of application which has been on file with utilities since 2001 (per Bob Petersen). Bob Casey cannot find original application. A new application is filed with Bob Casey for Bayshore Effluent Connection. 12- 25 -06: Copy of Application sent to Marisa Garcia new Project Manager taking Bob Casey's place for processing applications. 1611 8 1 -3 -06: Marisa Garcia confirms that `calculations' by a consultant are necessary prior to approval of the Application for Re -Use. 8- 22 -06: Liaison Staff sends copy of Windham report to Utilities as per the request for Consultant Calculations (Completed 8 -22 -6) 8- 24 -06: Liaison Staff is informed that Ron Molly will now be handling the Application For Re -Use. Anticipated confirmation of approval of Application for Re-Use is by September 30, 2006. (Complete 9/11/06) 9- 11 -06: Utilities confirms approval of Application for Re -Use. 9-11-06: Staff request confirmation of connection point for re -use system and hard copy of approved application. 9- 19 -06: Staff resends request for hardcopy of approved application. 10 -3 -06: Staff request location for connection. 10 -4 -06: Written approval received from Utilities for application approval as per Ron Molly, Collier County Utilities. Committee approves funding for next phase of project: Design and Construction. (B -19) - COMPLETE- Project Coordinated with CAT under Item B -17 -Trash Can Installation; Project Start Date: 8 -2 -06: Bayshore MSTU Committee request that staff (1) Determine condition of existing trash cans and benches in stock, then (2) provide proposed alternate locations for installation of the benches and trash cans. 8- 22 -06: Photographs of benches and trash receptacles sent to contractors for quote on installation in locations to be determined by Committee. Anticipated Project Completion is November 30, 2006. 10 -4 -06: Bayshore Committee approves $1,500 per bench /trash can installation. 10 -6 -06: Request for revision in quote sent to PBS. 10- 30 -06: Field Meeting to review the requested sites prior to PBS quote forjob. 4 sites approved. PBS will provide quote. 10- 30 -06: Project reported under item B -15 (B -16) COMPLETE - Mr. Ingram - Code Enforcement action: Mr. Ingram has been notified by Code Enforcement and MSTU staff in regard to landscaping. Issue initially corrected by Mr. Ingram however the issue has re- occurred per MSTU committee meeting 6/7/06. 6- 13 -06; Michelle Arnold, Code Enforcement Director contacted regarding the "repeat offence" by Mr. Ingram in that his maintenance contractor has repeatedly cut the hedge in front of his property. All documentation regarding previous Staff Request for the property owner to cease from trimming shrubs within the Right of Way will be re- submitted to Code Enforcement. Michelle Arnold has confirmed that this item will be brought before the Code Enforcement Board for review. 6- 21 -06; Need Michelle Arnold follow -up 6- 27 -06; Michelle Arnold contacted staff and requested to put on special master 7- 18 -06: Waiting on response from Michelle Arnold 8 -2 -06: Code Enforcement working on preparation of case 8- 22 -06: Request sent to Michelle Arnold and Eddie Ybaceta for status of case. 8- 30 -06: Staff provides additional documentation as per Michelle Arnold request. Staff provides (1) Survey of Ingram, (2) Copy of Bayshore MSTU Maintenance Contract, (3) Copy of Collier County ROW Ordinance. 8- 30 -06: Michelle Arnold confirms that a `Notice of Violation' will be sent to Mr. Ingram. Anticipated delivery of copy Notice of Violation September 15, 2006. 9 -7 -06: Copy of 9 -7 -06 Ingram Notice of Violation provided by Eddie YBaceta of Code Enforcement. 10 -4 -06: As per Code Enforcement (Eddie Ybaceta) Mr. Ingram has verbally agreed to not trim the shrubs. MSTU Maintenance Company informed of this and that maintenance will be by MSTU. (B -17) - COMPLETE - Project Due — 9 -25 -06 - -- DESIGN GUIDELINES: Master Plan MSTU /CRA Joint Project; Gail Boorman is to refine Scope of Services as per approval of preliminary review by Committee on March 8, 2006. Gail is to break out the Bayshore Bridge Enhancement Project as a separate part of the scope of services. Also, Gail is to break out the CPA part of the Scope separate from the MSTU. 4- 17- 06- Bayshore MSTU Committee Action to Proceed with Contracting with A. Gail Boorman and associates 50% of cost will be MSTU and 50% of cost will be CRA VII 1611 B 6 5 -1 -06; As per Committee Approval — Work Order is pending; Comments from Purchasing review of Work Order and responsibility of `Project Manager' is pending. 5 -8 -06; Gail Boorman attendance at Gateway Triangle Area Public Meeting 5 -9 -06; Gail Boorman attendance at Bayshore Area Public Meeting. 5- 15 -06: Work Order to A.Gail Boorman sent to Gail's Office. 5- 15 -06; Work Order signed by all and given to Budget Analyst for P.O to be issued — waiting on routing #'s from David Jackson. 5- 30 -06; NTP — issued to Boorman & Assoc. on 5 -24 -06 6 -3 -06; Gail Boorman meet with Staff Ray Magsumbol and Darryl Richard to obtain additional maps and plans on record. 6- 12 -06; Work on Design Guidelines Currently in progress — project due on 9 -25 -06 6- 27 -06; Gail coordination with staff and CRA — no report — will be attending next meeting with an update 7- 18 -06: Gail to attend next mstu meeting with an update and status. 8 -2 -06: Gail Boorman could not attend MSTU meeting and sent written update /status report for project. Due date of 9/25/06 has not changed. 8 -7 -06: Gail Boorman status report received. Need `preliminary' report submitted prior to 9 -25 -06 deadline for staff review. 8- 15 -06: Gail Boorman presentation to David Jackson, Tom Finn, and Darryl Richard for 60% Submittal. Gail's book portion of project is pending. 8- 21 -06: Gail invoice for 30 -60 percent complete. 8- 22 -06: Final 90% Submittal is due prior to 9 -25 -06 for staff review. Anticipated delivery of 100% Project Document from Gail Boorman is September 25, 2006. 9- 23 -06: Meeting is scheduled for 100% review, staff review of plant material recommendation. 9- 28 -06: Meeting with Gail Boorman and David Jackson to review 100% submittal for project. (B -20) - COMPL L IF -40 Banner Order; Order for 20 additional Sun Banners; 20 additional Flower Banners. Project Start: 8 -2 -06: Bayshore Committee votes to purchase 40 banners; Committee approval did not mention specific amount. 8- 28 -06: FlagandBanner; PO 4500066310 dated 8/28/2006 for Banners; For $1,541.95; Qty. 40 banners; (20 Flower and 20 Sun); Includes shipping and Set -Up Fee. 8- 28 -06: Staff sends electronic copy of graphics for banner to FlagandBanner. 8- 30 -06: Bayshore MSTU Committee is copied via email on the Purchase of 40 Banners. 9 -1 -06: Grady McCoy of Flagandbanner confirms that they are under production for the banners. 9 -5 -06: Grady confirms that sample banners (1) Flower/Butterfly and (1) Beatle /Sun will be forwarded to County for approval prior to production of entire order. Delivery of samples is anticipated to be within one week. Anticipated Project End upon approval of samples is September 27, 2006. 9- 19 -06: Request for status for 2 sample banners sent to Grady McCoy. 9- 28 -06: Sample banners received from Flagandbanner, samples are not acceptable for production. Purchase Order with Flagandbanner will be closed. 10 -4 -06: Committee is given opportunity to review the banners which were sent by Flagandbanner and rejected by staff. Committee is in agreement that existing Purchase Order is to be cancelled and banner purchase through Lykins is acceptable based on price of $72.0 a piece. Staff was successful in negotiating the cost due through requiting for project and negotiation with Lykins as an annual contractor. 10 -6 -06: Purchase Order request submitted by Liason Staff to Budget. 10- 16 -06: PO number received from Budget for Project. 10- 16 -06: PO entailed to Lykins for order of 40 Banners 10- 30 -06: 48 Banners received from Lykins. 8 additional `spare' banners provided at no additional cost. (B -14) - COMPLETE- Comparison of cost for effluent versus non - effluent water for Bayshore. 8- 28 -06; Staff completes cost benefit analysis: Based on potential cost savings of $17,537 per year the Bayshore MSTU could recoup the cost of the Re -Use conversion within 4 years after project is complete. (B -13) COMPLETE.- Maintenance Contract 05 -3689 Ground Zero Landscape Maintenance. 1611 6 Replace Juniper at Botanical Place after software upload. - 7- 18 -06: Parts are on order -Irrigation Manager- Roger Dick 8 -2 -06: Irrigation Clocks are functional at 100% per Roger Dick -still waiting on replacement parts to bring clocks into communication with Central. 8- 22 -06: Plantings of Juniper are complete by Ground Zero (B -12) - COMPLE. I E- Irrigation Controller Modifications- Project is to install additional parts and equipments as necessary for the Motorola Controller to'talk' to the Central Control System at ATM Office. Committee approved $6,830.00 on January 11, 2006 and approved $5,225.00 on March 8, 2006 for funding the project. Roger Dick Irrigation Project Manager is to coordinate with Contractor E.B. Simmons for the project. 5 -1 -06: Roger Dick reports EB Simmons is currently working on the project - Conduit has been laid and contractor is waiting for additional equipment to complete installation. 5- 30 -06: EB Simmons is 95% complete with project. EB Simmons waiting on materials from Motorola. 6 -1 -06: E.B. Simmons work is complete. Roger Dick and Motorola Technicians to upload software. 6 -12 -06; Roger Dick to upload software for controller on June 14, 2006 6- 27 -06; Roger Dick reports that the installation of communications software was successful for the North Clock (North side Bayshore Drive), however, that the South Clock (South side Bayshore Drive) is not'taLking' to the central. The South Clock wfll be evaluated for an additional installation of an antenna 50 ft. to the north of the existing Clock to obtain a better signal. 8 -2 -06: Irrigation Clocks are functional at 100% per Roger Dick- still waiting on replacement parts to bring clocks into communication with Central. 8- 22 -06: Report from Roger Dick indicates that both Controllers are talking to the Central Computer. (13-11) - COM PLEI E; Project due 7 -25 -06 -Effluent Connection- Consultant Calculations 3- 06 -06: Scope received from McGee, Boorman, Windham 3- 20 -06: Gail Boorman's revised scope not yet received. 5 -1 -06: Work Order to Windham Studios is pending as per MSTU Committee Approval 5- 15 -06: Submitted Work Order and P.O. request to Budget Analyst- waiting on P.O. 5 -24 -06 PO received; Notice To Proceed issued to Windham Studios 6- 12 -06: Design of effluent connection due 7 -25 -06 6- 14 -06; Project Consultant James Abney meeting with Staff at Project Site, Roger Dick, County Project Manager for Irrigation, Landscape Contractor Aaron Gross, review project and report issues related to the irrigation system to James Abney for his evaluation. 6 -27 -06 Preliminary report submitted by Windham - Calculations pending 7 -18 -06 - Project due on 7 -25 -06 7- 24 -06: Windham Studios provides report for calculations. (B -10) - COMPLETE; Project due 7 -25 -06 -Effluent Connection- Application for Re -Use and related request from Utilities Department for Consultant calculations 3- 06 -06: Scope received from McGee, Boorman, Windham 3- 20 -06: Gail Boorman's revised scope not yet received. 5 -1 -06: Work Order to Windham Studios is pending as per MSTU Committee Approval 5- 15 -06: Submitted Work Order and P.O. request to Budget Analyst - waiting on P.O. 5 -24 -06 PO received; Notice To Proceed issued to Windham Studios 6- 12 -06: Design of effluent connection due 7 -25 -06 6- 14 -06; Project Consultant James Abney meeting with Staff at Project Site, Roger Dick, County Project Manager for Irrigation, Landscape Contractor Aaron Gross, review project and report issues related to the irrigation system to James Abney for his evaluation. 6 -27 -06 Preliminary report submitted by Windham - Calculations pending 7 -18 -06 - Project due on 7 -25 -06 8 -2 -06: Windham Studios provided necessary calculations and report. Written Cost Estimate is punch -list item which is pending. 1611 B 6 (13-9) - COMPLFTF.; East Naples Fire Department contractor- Installation of Warning Lights on Bayshore. MSTU Committee has requested Stop Work on 6/8/06; Reported to Bob Tipton on 6/9/06; Bob Tipton mentioned that he had emailed Committee Chairman regarding this item. Bob Tipton recommends working with the Fire Department District Board concerning the project. There was concern by Bob Tipton expressed that if the lights are not installed that there may be an accident as Fire Department vehicles exit the Fire Station. 6- 12 -06; MSTU staff to contact ENFD to advise of MSTU committee's request to stop work. 6- 27 -06; Left message for return call regarding project status with Main Administrative Office, ENFD. 7- 18 -06: On 7 -12 -06 East Naples Fire Dept. (ENFD) was available to attend the Bayshore MSTU meeting - but there wasn't a Quorum. 8 -2 -06: ENFD representative Chief Porringer reported to the MSTU Committee. The Windstar HOA is coordinating with ENFD to resolve any outstanding issues with the installation of the emergency signals. 10- 20 -06: Contact with ENFD concerning update on installation of the lights and the funding issue. Chief Bob Shenk, Assistant Chief Pottinger and Commissioner Bob Hughes. (B -8) - cOMPLEIF; Bidding of Maintenance Contract #05 -3689; Recommendation to award bid to lowest, qualified, responsive bidder to be Ground Zero, owner: Aaron Gross. (B -7) - COM PLF' FE- Qty. 6 Palm removal/relocation Project August 11, 2005: 7 Royal Palms relocated to replace 7 diseased, damaged, or in state of decline palms as per Committee direction. (B -6) - COMPLF.TF: Irrigation Mainline Break Repairs September 12, 2005: CLM repaired 5 Breaks total. (B -5) - COMPLE.TE 6/8/06 - Irrigation Inspection: Botanical Place, Irrigation line repaired.; (B -4) - COMPLFTF - 6 -7 -06 - Cricket Lake Apartments — MSTU Committee has requested that Staff coordinate with Construction at Cricket Lake Apartments. Irrigation plans are to be delivered to Staff by Contractor prior to commencement of work. (B -2) - COMPLF: I E— 7 -18 -06 - Pavers Repair 6 -13 -06 Boness issued a purchase order in the amount of $9,880.00 for repair of 29 areas of pavers. Projected completion date 8- 30 -06. 6- 27 -06; Project to begin construction week of June 14, Project Plans as per field meeting received from Contractor (B -1) - COMPLETE- Replacement Banners - Obtain Quotes from vendor for new banners. Christmas Banners (existing) to be used for this season. 3- 06 -06: Gail Boorman to make recommendation as part of master plan. 3- 08 -06: MSTU Committee creates Working Group to advise on Banners for selection. 3- 16 -06: Meeting with Victor Britten for Working Group — 2 banners selected. Victor to look at other designs and meet again w/ Staff. 5 -1 -06: Documentation submitted for Request to Purchase; PO number is pending as per Committee Approval. 5- 30 -06: Pending estimate from annual Lykins. 6- 13 -06: PO Issued to Lykins. Banners due for receipt August 30, 2006. 6- 21 -06; Need Graphic Sample for review 6- 27 -06; Graphic approved 8 week production to delivery of banners. 7- 18 -06: Banners delivered and are up..... 10 1611 (B -3) -CAN CE L LED - Banner Arm Replacement Project - $16,676.00 50 Standard @ $304.00 ea. for a total of $15,200.00; 4 double @ $369.00 ea.for a total of$1,476.00; Proposal by Committee does not meet current MOT Regulations; August 8, 2005: The Proposal has been rejected by ROW based on Current MOT Standards. 1t ti H a (q N CO) N W r � 0 d = =a } LL y co CL d N 1611 6 O O O r O N M O O C N 0 0 0 0 0 0 N O O (I O O a D W 9991. 'Eeo �orm�n of pp�ai o�i0000 rr o� ain r G. 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Y 'HAV SY331% `g _ r A w. a a e� 1611 lljl i r _ i W 7 III rt �I W y' g 107 JNlN!lVd 7� SSiS F 0 Q 11 S N m a m a E `o a m m x m N �Cp C N 3 O c E E c d a c m m xo ma a m� Tj C m� V Q n� sN a� m� E� m9 m . �o Q 0 a` D c 0 U v 0 U m L_ m m 6 6 Q y� 6 Q a D c 'o U _N 0 U v 0 N 6 c C C C e c c c f c C Alternative Transportation Modes Department 2885 Horseshoe Drive South a Naples, Florida 34104 a Tel. 239 - 774 -8192 a FAX 239.213.5899 September 10, 2007 JRL Design Attn: Richard Tindall, Landscape Architect Suite 5, 405 5th Ave. South Naples, Florida 34102 Attn: Richard, RE: Notice To Proceed (P. O. #4500083595; dated 09M-AV2 07); Contract #07 -4128 "Design Services for Bayshore Drive Bridge Lighting and Landscaping Funding Source: 163 - 162525-631400 -0 FDOT LAP PROJECT: FM 412559 -1 Dear Mr. Tindall: This letter serves as Collier County's official NOTICE TO PROCEED (NTP) to your firm to commence with the construction for the above referenced project. The effective start date of the project is September 5, 2007 based on 90 day project timeline final completion date is: Tuesday, December 4, 2007. Sincerely Yours, Darryl Richard, RLA, ASLA Project Manager cc: Rhonda Cummings, Contrnd Specialist, Purchasing Department Diane Flagg, Director, Alternative Transportation Modes Department Caroline Soto, Budget Analyst, Transportation Division Tessie Sillery, Operations Coordinator — Alternative Transportation Modes Theresa Stanley, Grants Coordinator. Transportation Division 0 • _ „ ( f r V. Transportation Services Report A. Budget Report- Caroline Soto B. Project Manager Report — Darryl Richard VI. Landscape Maintenance Report A. Monthly Report- Advanced Lawn VII. Landscape Architects Report- Michael McGee A. Monthly Report B. Radio Road Project Phase I and Phase II -A VIII. Old Business A. Greenway Path Public Meeting and Plans IX. New Business A. Continuation of landscaping east of Santa Barbara. X. Committee Member Comments XI. Public Comments , XII. Adjournment The next meeting is scheduled for November 20, 200 2885 Horseshoe Drive South Naples, FL 34104 DateA L3 b Item t'•:� � _ � �- Copies to. 1611 sale % or Radio Road Beautification 14.S�.T.0 j Henning-,..z, • Advisory Committee IVV' Coyle ��-- ��-p-r�S.�. AOO 2885 Horseshoe Drive South Coletta _tat_ - v— Naples FL 74104 nn FCEIVED October 16, 2007 j tl g 2007 AGENDA F_'09 /n n} r',y;0ty Ci.T.IDn1iS5tOpefS I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: September 18, 2007 V. Transportation Services Report A. Budget Report- Caroline Soto B. Project Manager Report — Darryl Richard VI. Landscape Maintenance Report A. Monthly Report- Advanced Lawn VII. Landscape Architects Report- Michael McGee A. Monthly Report B. Radio Road Project Phase I and Phase II -A VIII. Old Business A. Greenway Path Public Meeting and Plans IX. New Business A. Continuation of landscaping east of Santa Barbara. X. Committee Member Comments XI. Public Comments , XII. Adjournment The next meeting is scheduled for November 20, 200 2885 Horseshoe Drive South Naples, FL 34104 DateA L3 b Item t'•:� � _ � �- Copies to. 1611 B f +� r Radio Road Beautification M.S.T.U. Advisory Committee AOW ♦ �. 27o5 Horseshoe Drive South Naples FL 34104 SUMMARY OF MINUTES & MOTIONS September 18, 2007 III. & IV. Agenda & Minutes of June 19, 2007 were approved unanimously. V. Transportation Services Report B. Project Manager Report - Darryl Richard Requested approval of Bonness contract to include additional asphalt work that was recommended by TECM in the amount of $13,106.88. Contract would be funded by TECM. It was requested to include re- stenciling numbers that were removed during the Curbing Project. Dale Lewis moved to approve Bonness addition to the contract $13,106.88 paid by TECM. Second by Betty Schudel. Motion carried unanimously 4 -0. Dale Lewis moved to direct Staff to ensure numbers are re- stenciled on each island Second by Betty Schudel. Motion carried unanimously 4 -0. Darryl Richard reported additional design services were required from McGee and Associates in the amount of $2100 related to u -turn on Radio Road. Betty Schudel moved to accept proposal from McGee & Associates for $2100. Second by Dale Lewis. Motion carried unanimously 4 -0. Radio Road Beautification M.S.T.U. 161 Advisory Committee A00' � 2885 Horseshoe Drive South Naples FL 34104 September 19, 2007 Minutes I. The meeting was called to order by Dale Lewis at 4:30 PM. II. ATTENDANCE Members: Dale Lewis, Betty Schudel, Bill Jaeger, Helen Carella County: Darryl Richard - Project Manager, Tessie Sillery — Operations Coordinator, Caroline Soto — Budget Analyst, Mark Isakson — Budget Analyst Others: Mike McGee & Assoc., Darlene Lafferty- Mancan III. APPROVAL OF AGENDA Add: V. C. Mark Isakson FY08 Budget Report Betty Schudel moved to approve the Agenda as amended. Second by Helen Carella. Motion carried unanimously 4 -0. IV. APPROVAL OF MINUTES: June 19, 2007 Betty Schudel moved to approve the June 19, 2007 minutes as submitted. Second by Dale Lewis. Motion carried unanimously 4 -0. V. TRANSPORTATION SERVICES REPORT: A. Budget Report — Caroline Soto B. Project Manager Report - Darryl Richard Mark Isakson distributed and reviewed Property Tax Limitations, Budget Changes, Carry Forward Reports (Attached). Stated prior to June 07 the BCC reviewed 4 options. The BCC elected to implement 91 % of rollback rate which gave tax payers the most relief. The calculated Rollback Rate .2286 and 91% of Rollback Rate -.2080 millage rate would be applied to the Taxable Value for Budget purposes. Budget Changes based on new Tax Limitation Millage Rate .2080: • Three line items were removed from June 07 Proposed Budget equivalent to $428,100: 1. Capital $350,000 2. Reserve $66,900 3. Transfer Tax Collector $11,200 • Capital Projects implications over the next couple of years would require deferrals and scope adjustments in the Budget. Dale Lewis noted adjustments would be required based on the new millage rate. Utilizing one water source vs. the Reuse Conversion previously discussed at the June 19, 2007 meeting would be the best option. Darryl Richard stated the irrigation system needed to be revamped and based on Consultant recommendation should stay in the project. Mike McGee stated estimated cost for Reuse Conversion $160,000 and questioned Open P.O.s and Funds available for the projects. Mark Isakson replied that Carried Forward P.O.s would be added to the Proposed Budget amount. Dale Lewis expressed concern proceeding with both Phase I and Phase II. Darryl Richard noted the 21 day bid would start next week and be available at the October 16, 2007 meeting. Caroline Soto distributed and reviewed Budget Report (Attached). • Total available Operating Expense $50,125.38 • Improvements General Open P.O. for Bonness $263,493.16 • Total Open P.O.s $290,778.39 Darryl Richard distributed and reviewed Project Manager Report (Attached). • (R -20) Will be Removing and relocating 7 Magnolias and I Oak Tree. • Phase I - Modify Bonness contract to include additional asphalt work for TECM in the amount of $13,106.88. Contract would be funded by TECM. It was requested to include re- stenciling numbers that were removed during the Curbing Project. Dale Lewis moved to approve Bonness addition to the contract $13,106.88 paid by TECM. Second by Betty SchudeL Motion carried unanimously 4 -0. Dale Lewis moved to direct Staff to ensure numbers are re- stenciled on each island Second by Betty SchudeL Motion carried unanimously 4 -0. Darryl Richard reported additional design services were required from McGee and Associates in the amount of $2100 related to u -turn on Radio Road. Betty Schudel moved to accept proposal from McGee & Associates for $2100. Second by Dale Lewis. Motion carried unanimously 4 -0. VI. LANDSCAPE MAINTENANCE REPORT: Monthly Report — Advanced Lawn Mike McGee reported: 1611 • Devonshire dead plant material in the hedge. 1. Irrigation leak flagged 2. Completed Fertilization and spraying • Radio Road Plumbago problems. Recommendation to discontinue use of Plumbago. VL LANDSCAPE ARCHITECH REPORT: Mike McGee A. Monthly Report —None B. Radio Road Curbing — None VII. OLD BUSINESS: None VIII. NEW BUSINESS: None IX. COMMITTEE MEMBER COMMENTS: None X. PUBLIC COMMENTS: None There being no further business to come before the Committee, the meeting was adjourned at 5:54 PM. The next meeting will be held at 4:30 PM, October 16, 2007 Collier County Transportation Building/East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 3 �1 1611 W (WJU A W N O iO 0o V cp N A W N. 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O y. V,.. ID N CD CD CD 70 N m O (D A :. CD K N �.. (D toil CD X C to O CD CD tp CD O N O N a) am a (D o a A U3 m m c W W � c v N 0 (O 0 0 3 W N W -Cit k p j O O O. 0 O 00 0 O O O O Q p 0 3.. 00 O N. m °o .' m W d 0 N a c D x a O 0 N N 0 C 0) 0) i O OD G 0 0 O O O O T C 0 O 0 � N � � S N N A A N N A CTt A N 0 W 0 y 00 0 -i w O 0 0 O N O 0 1611 g eti Proposal 712312007 r , ?..•- -..- ink _.... —._... VWWTwfiu0I msrlta aW pexrvadtm otlfiaida'e ocosyYem Collier Cty Dept. of Alt. Trans. Modes projwt: Radio Road M8TU Tree Relocation Darryl Rk�lard Proposal M: 311 2885 Horgeahoe Dr. S. Naples, FL. 34104 titope Lr Hsss A roprpepiki9e flrsnr Feosyetem Technologies Irre- (7114 hss inepaobed We above rofinenced project and offers the fcllowing servioar: 1.750.00 R" Pfuoe IyeaReloon 8780.00 Wk "F wtl 6TI wW supervise tbo reloeothm of (9) trade av nytpned by Cupid County WOurding re the Veelfwstlone pmvww by Comer county, rn will toot prong wall a 65- d4vneter spade and room m fdanttc tee some wee" En raammends rout Puoing hikes pleas In 2 &toss (addidood primer can be provided upon++quest) wall 12 of the rods dart during torch Ask. W&W and roes S"r,* bbwla or will be added at the tbw of reibndw. Owner is responsible rut Ruviding W"Plc watering during hardaling M'nwb and after mmsplanddg. En Jos not fuannum wr Avd of it nWianted trap Existing ulitifis will be IOrxwd Prior m and pruning- Damage amage to earonng irrigation xyertmt many Odw underground times dm the rwponsibilky of CAUler County SBa Terms t Coadidens o, sat CoadiWd - Pwaer h dapnaYUle Odd Pamlico. tlrovrye sM l.a&War ddlh(Ueex. 'rule Propoinl ixxubJwR m genus° if not accepted °^thin 30 daYx of drt above due Acceptance ofpap0ad - Your silleoture assn ydel imo a binding aauad wild RaWkern Tceiulolosiee, IM. (Eri) m Provide We Services lkade above, u well u. moosee ,or prieiog,Ierma. peciDwtlons, and cow"ooaDrpreload isawpabM. Wine rip And rouaem aenepamnellve, se wiwM/schedulidg may begin. ETI will M7 NU Itcmees and iauawc Talon dandenchina pmloer. En will pm kU copies 10 Owner spot MONA Tame eed Paysom - Payers° is due upon kwon of work add find walk enough web a nVt4ms —efbadl par4x Pay nwnb become ddirulrmat ifdmi ued �n00 days. 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Z g z w U Z a U w O 0 Wwz°o�oRu>w lw =�z� > < Po 1:�x�5, U) U) z 0 0— z z e�{ F- m —} m Z Z w w z r QQ u 0 - MM ZNLL�4) H ..O OUW Z }� wQQ WL)m WU' wm -w LL'K LL OO wOZ fLLAON uj °) W 0 Y=mz�a _ FQ- ]Q ON W W y K QQ V)cr UW Z Q2Q�++ LLR:p W F- U) Qp ZQ W r WK c~ ZQZy C)OZQ W W U0ZzZ� HUF Z w Z- 3 o w cLL/) i 5 m J � o W o0 gU FF-f- mmF WW C1F 7 ?rte" h wzg4e & .,4"m a w Landscape Architecture May 8, 2007 Mr. Darryl Richard, Project Manager, Collier County Transportation Department Altemative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 Subject: Request for Additional Landscape Architectural Services Project Name: Radio Road Median Renovation Phase 1 (One): From Devonshire Road to Blue Sky. Contract: #04 -3814: Landscape Architectural Services Fb(ed Term: BCC 9/21/04 18.E.8 Fund and Project No.: 150 - 182545. 831403 - 800811. Proposal Modification for additional services and inclusion of Sub•Consuttant Engineer fine for Radio Road Median Renovation Phase I (One) median u-tum curbing, landscape and irrigation modifications. From Devonshire Blvd. to Blue Sky. (2008- 1 00MOD#2) Dear Mr. Richard: McGee & Associates is providing the following Additional Services for the above listed current project Radio Road Phase I (One) Additional Scone of Services 1. Revise existing 100% curbing plans to add proposed u-tum median improvements. 2. Revise landscape and irrigation plans to incorporate proposed u4um median improvements. 3. Provide additional services of a Sub - Consultant Engineering firm as engineer of record for the median u4um access modification and median curbing plans. Additional Service Fees: 1. See attached revised 05/08/07 'Project Man Hour and Fee Support Calculations' schedule. ichael A. McGe . A., LISA. Date: / Presklent. M & Associates. LC 098 Design * Environmental Management * Planning * Arborist 5079 Tamiami Trail Fast / P. O. Box 8062 Naples, Florida 34101 Phone (239) 417 -0707. Fax (239) 417 -0708 LC 098 ' FL 1023A Z gag as 8 asa at 29 aaas m m 888 lag 88 88888 ..88888 888 8888 4. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SEE as ✓., 888 $$ _ pppp y Bag r 888 as a88 8888 888 88 88 8$888 88 888 888 8888 J U. o 0 0 0 e o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 8 gas as W88898 88889 sagas rg8 8889 888 88 8888$ 888 8888 0 0 0 O O Q Q O Q Q 0 0 0 0 0 O O O O O e O r S a �" «aa as Sagas ,grass ass 8888 888 88 8888$ 88888 888 8$88 0 0 0 0 0 0 o m� o 0 o m♦ 0 0 0 0 0 0 0 0 « {3� Y J8888 ass a 1 888 as 88898 88888 888 3 0 am 8 8 8 8 8 ass 8 8 8 8 + $ 8 8 8 8 8 8 8 8 I, X;�r¢e & A&iocea Landscape Architecture May 8, 2007 Mr. Darryl Richard, Project Manager, Collier'County Transportation Department Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 Subject: Request for Additional Landscape Architectural Services Project Name: Radio Road Median Renovation Phase 1 (One): From Devonshire Road to Blue Sky. Contract: #04 -3814: Landscape Architectural Services Fixed Tenn: BCC 9/21/04 18.E.8 Fund and Project No.: 150-162545-831403-600811. Proposal Modification for additional services and inclusion of Sub - Consultant Engineer fine for Radio Road Median Renovation Phase I (One) median u-tum curbing, landscape and irrigation modifications. From Devonshire Blvd. to Blue Sky. (2008 -1 t10MODA2) Dear Mr. Richard: McGee & Associates is providing the foilovdng Additional Services for the above listed Current project Radio Road Phase I(One) Additional Scone of Services 1. Revise existing 100% curbing plans to add proposed u-tum median improvements. 2. Revise landscape and irrigation plans to incorporate proposed u -turn median. improvements. 3. Provide additional services of a Sub - Consultant Engineering fine as engineer of record for the median u -tum access modification and median curbing plans. Additional Service Fees: 1. See attached revised 05/08/07 "Project Man Hour and Fee Support Calculations' schedule. ichaei A. McGe ..a., i.s.a. Date: president, Mo &Associates. LC 098 Design * Environmental Management * Planning " Ariboriat 5079 Tamiami Trail East / P. O. Box U52 Naples, Florida 34101 Phone (239) 417 -0707 • Fax (239) 417 -0708 LC 098 ' FL 1023A a i O m m i -- + • W N• i W -- - - U N++ : j Q S1i N W efJB �q j`jSZfij p O O O O O O O O O N O v ras.88. iii 888' 99 89��8 8298$ 888 88 $8888 88888 88880 0 0 o g q q S$ y a v N N N M N M N N N N M N {q+i ;dLji IJ88 m% 889 88 ^ .... .. 88 U. pp 0 0 0 0 = A Y J8 N N 889 98 88219 9969'9 998 9998` Z 888 88 88888 88888 8888 3 �_ N T � y a is 99 99 98889 9$999 ..999 8989 888 88 88888 88888 888 8888 i Jac. 0 0 -0 0 p o 0 0 p 0 0 J o o q moo 0 0 J88888 m 8 9 9 as 9 8 9 9 9 9 9 9 9 8 9 9 9 8 9 9 9 888 88 88888 888 8888 •Z loco 0 0 00 m. o 0 o m. 0 Soo. 0 0 0 0 $ Y o 999 299 p }� 9$888 as 118 899 9999 a 888 88 88888 88888 888 _8888 r r N M N M M M M M M M N M M N M N N N N N N o S 8 999 99 .. sells 99869 998 :8899 $ 888 88 88888 88888 888 8888 I proposal 8/20/2007 I61l, j. BONNESS INC. Paving atul sll vore Cauracnu. Ig90 Seward Avenue Naples. Florida $4109 (439) 3974991 • (949) 597 -7416 Fax wwwbonnessine.com Alt m ernative Transnmbdion Modes EaHaw Number. 1041200 Submfttad To: Collier County 7 Address: 2885 Horseshoe Dr. South Naples, FL 34104 Contact: Darryl Richard phone; (239) 659 -5775 Fax: (239) 530 -6219 01 Mill Asphalt 1' At Designated Areas Shown On Plans In Red 02 Furnish And Place 1" Asphaltic Concrete Pavement, Matching To bdsting Pavement Elevations At The Above Areas. Bid 11de: S (Revised) Radio Rd. Phase I Median Improv. C/O project Location: Radio Rd. project qty, State: Naples, FL Enpinear /Ardiftem 326.00 Sy $30.40 $9,971.20 328.00 Sy $9.56 $3,135.66 Total Price for above Items: $13,186.88 payment Terms: Payment due within 30 days of date of lmoice, repidless of when payment is made by Owner ACCEPTED: The above prices, specifications and corldltions are satialactory and hereby accepted. Buyer e ..Alum. Date of Acceptance: CONFIRMED: BonnessInc435nOD Authorized Signature: Estimator. Page 1 of 1 af211A007 12:51:29 PM 16 1' 1 Fiala Halas RECEIVED Henning 9i: "! ` 2007 `I aletta °y1e '"" Q�jm�' Y`ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, A 34104 1. II. III. IV. V. VI. VII. 1111! October 18, 2007 AGENDA Call Meeting to Order Attendance Approval of Agenda Approval of Minutes: September 20, 2007 Landscape Maintenance Report — CLM Landscape Architect's Report — Michael McGee Budget Report A. Budget Committee - Caroline Soto & Bob Cole Transportation Operations Report A. Project Manager's Report — Darryl Richard IX. Housekeeping Items A. Vehicle Accident Report at front entry on 9 -20 -07 at 3:30 P.M. B. Damage to rip -rap placed on drainage canal bank by Cypress Lake Condominium X. Committee Reports XI. Old Business A. Future Beautification Project List XII. New Business XIII. Public Comments XIV. Adjournment Misc, ClIaret: Date: _l 0 Item #:1,10 T B 0 Cop es to: The next meeting is scheduled for November 15, 2007 4:00 p.m. Collier County Transportation Building /East Conference Room 2885 Horseshoe Drive South, Naples, FL 34104 GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 September 20, 2007 Summary of Minutes and Motions III. & IV. Approval of Agenda and Minutes of August 16, 2007 were approved unanimously. XI. Old Business A. Future Beautification Projects • Small Proiects 1. Baltusrol Sewer Pump staining was possible. Landscaping and cement pad Robert Cole moved to approve up to $3000 to clear the area around Baltusrol Sewer Pump, plant Bougainvillea, and stain the sight green. Second by Kathleen Dammert. Motion carried unanimously 4-0. Large Proiects Median Tree Replacement with Foxtail Palms — Recommendation was made to refurbish the area by replacing Carpentaria. Estimated cost $45,000: • 78 Carpentaria required 16 Median tips on St Andrews ($1300 per tip) • Disposal Cost • Backfill Bob Slebodnik moved to approve replacement of Carpentaria for each Median tip on St Andrews Blvd. utilizing established contractor pricing & CLM for replacement of the trees. Second by Kathleen Dammert. Motion carried unanimously 4-0. 1 Itt, 16 1 GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, A 34104 September 20, 2007 Minutes I. The meeting was called to order by Bob Slebodnik at 4:04 PM. II. Attendance: Members: Tony Branco (Excused), Robert Cole, Kathleen Dammert, David Larson, Robert Slebodnik County: Darryl Richard - Project Manager (Excused), Tessie Sillery - Operations Coordinator, Caroline Soto-Budget Analyst Others: Mike McGee - McGee & Associates, Jim Fritche - Commercial Land Maintenance, Darlene Lafferty- Mancan III. Approval of Agenda Kathleen Dammert moved to approve the Agenda. Second by Robert Cole. Motion carried unanimously 4-0. IV. Approval of Minutes as Amended: August 16, 2007 Change: Page 3 The exisringfence "is" an eyesore and must be fixed. Robert Cole moved to approve the August 16, 2007 Minutes as Amended. Second by David Larson. Motion carried unanimously 4-0. V. Landscape Maintenance Report - CLM Jim Fritche reported: Fertilization complete Fungicide applied on various plants Replaced Carpentaria & Holly with Plumbago VI. Landscape Architect's Report - Michael McGee Mike McGee reported: Noted entryway weeds around the Alamanda & Plumbago Requested additional granular be applied around Zanadu Mike McGee commented on the accident that occurred at the front entry. 1617 Bob Slebodnik requested a copy of the accident report that occurred at the entry way on US41 & St Andrews. Darryl Richards noted the condition of Ixora. Making a recommendation to scale back on trimming and apply a fertilizer mix that works for palms VII. Budget Report A. Budget Committee — Caroline Soto — Bob Cole Budget Report was distributed and reviewed (Attached). • Budget Amendment $50,000 transfer complete: 1. $10,000 Engineering Fees 2. $25,000 Landscape Incidentals 3. $15,000 Other Contractual • Open P.O.'s $17,808.77 VIII. Transportation Operations Report A. Project Manager's Report — Darryl Richard was distributed and reviewed (Attached). • (L -36) Doral Entrance Enhancements & Wall /Fence Project — RWA under contract. P.O. issued to RWA for survey work. • (L -37) Bench Facing Lake Project — Pending Survey to determine ROW IX. Housekeeping Items — None X. Committee Reports - None XI. Old Business A. Future Beautification Projects • Priority Projects: 1. Build Fence on Rattlesnake Hammock — On hold pending Survey Report • Small Projects ➢ Improvements for Doral Circle RRW from entry to bridge — Hold ➢ Baltusrol Sewer Pump Station Landscaping - Hold ➢ Cart Crossing on Baltusrol — Hold Bob Slebodnik noted Priority Project was on hold pending survey. Suggested reviewing the Project list and moving forward with Smaller Projects that could be cleared. Baltusrol Sewer Pump Landscaping and cement pad staining was possible. Robert Cole moved to approve up to $3000 to clear the area around Baltusrol Sewer Pump, plant Bougainvillea, and stain the sight green. Second by Kathleen Dammert. Motion carried unanimously 4-0. Lame Projects (� Q Sewer Grates for drainage — Put on hold ➢ Upscale Development at Lely Main Entranceway — Put on hold ➢ Median Tree replacement with Foxtail Palms — Put on hold Median Tree Replacement with Foxtail Palms — concern was expressed about additional damage to landscaping while removing existing trees. Mike McGee stated Carpentaria could be easily removed with minimal damage. Making a recommendation to refurbish the area by replacing Carpentaria. Estimated cost $45,000: 78 Carpentaria required • 16 Median tips on St Andrews ($1300 per tip) • Disposal Cost • Backfill Bob Slebodnik moved to approve replacement of Carpentaria for each Median tip on St Andrews Blvd. utilizing established contractor pricing & CLM for replacement of the trees. Second by Kathleen Dammert. Motion carried unanimously 40. Darryl Richard requested an addition be made to the Project List for irrigation refurbishment. Advantages of the Proposed Controller Project: • Lely remotely monitored around the clock from the Central Controller • Ability for remote irrigation timing adjustments Bob Slebodnik moved to add under Small Projects list "Irrigation Improvement" using Scorpio's and Piccolo's etc. Second by Kathleen Dammert. Motion carried unanimously 4-0. X11. New Business -None XIII. Public Comments - None XIV. There being no further business to come before the Committee, the meeting was adjourned at 5:08 P.M. The next meeting is scheduled for October 18, 2007 4:00 p.m. Collier County Transportation Building /East Conference Room 2885 Horseshoe Drive South, Naples, FL 34104 September 20, 2007 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Lely MSTU Project Status (L -36) - A C Tl V F. -( PUG Larry i R is hard ): Dora[ Entrance Enhancements & Wall/Fence Project; 7- 19 -07: Committee approves $5,000.00 for survey of project area. Ball Park Cost provided from McGee indicates $25,000 Landscaping; $80,000 for wall; and $40,000 for a fence (on top the wall); Total Project is estimated as: $145,000.00 Committee Chair will contact Lely Civic Association for cost sharing for this project. 8- 16 -07: Update: RWA gave estimate for $ 7,900.00 and from staff recommendation for msm members to make an amendment to previous motion from $5,000. to $7,900. 8- 17 -07: Committee requested to cut down on the size of the parameters for the fence to go up and no more than $5,000 to spend on survey. - Also, looking at County paying (rattlesnake hammock funds) for the maintenance (Pam Lulich attended meeting and gave other landscape options) wall vs landscaping 8- 22 -07: Received estimate at $4,900 from RWA and will work order in process. 9 -7 -07: Rec'd WO from Vendor and in Work Order Process for additional signatures. 9- 20 -07: Rec'd PO & WO -NTP (L -34) -A( 11 VE WOC 1'essie Sillery): Ongoing Maintenance Contract: Commercial Land Maintenance; Contract 04 -3676 `Lely Golf Estates MSTU Roadway Grounds Maint." To Commercial Land Maintenance, Inc. - Bid # 04 -3676 - plus 3 renewals. - expires on 9 -28 -08 (L- 37)- ACTIN'E - POC- ( Iesme Sillery) : Bench Facing Lake Project 8- 17 -07: Committee requested for McGee & Commercial Land to go ahead and do the work. Bench with pavers. 8- 22 -07: Concept drawings due Sept. 20t' for the committee. (L -33) - COMPLETT (P<)C Darryl Richard): Dural Circle Entry Feature Development; Includes installation of fence along Rattlesnake Hammock Road and adjoining entry features. 5- 17 -07: Committee votes to commit $2,500 in consulting fees to McGee for project. McGee will bring recommendations to 6 -21 -07 regular meeting. 6 -15 -07: Project Complete (L -22) - COMPLFTF -WOC Dar -, s Rich 11 d l, (PROJECT PRIORITY #4 AS PER 11 -17 -06 MEETING) Augusta Boulevard at Forest Hill Planting Project - SCHEDULE: Lely MSTU: Augusta at Forest Hill - Landscape & Irrigation PHASE Start - End Date Committee Approval for Hannula quote 4/19/2007 BCC APPR Not Required (105 K estimate by McGee) NTP CONST 5/11/2007 60 DAY Substantial Completion 7/11/2007 90 DAY CONST 5/11/2007- 8/10/2007 CONST- COMPLETE 8/10/2007 Status: Mike McGee has completed 100% plans for project; Presentation to Golf Course Management resulted in positive approval for project; Waiting on cost estimate from McGee & Associates. 5- 30 -06; Drawings dated 7/14/05 received from McGee; - Project will be scheduled for construction after phase 11 is completed. 0 7- 18 -06: Committee has placed project on hold until phase II completes. 8- 22 -06: Project is on hold with 100% plans approved by Golf Course and MSTU Committee. 11- 16 -06: Committee reviewed plans and McGee provided cost estimate of $30,000.00 for total project. MSTU Commitment for project estimated by McGee as $15,000.00; Committee Action is required to move project forward. 12- 14 -06: MSTU Committee selects to include golf cart crossing area into project. 1 -17 -07 : Meeting with Golf Course Superintendent Allan Cooper to review project. 1- 18 -07: Golf Course Superintendent is reviewing project. Portion of project is outside of ROW. Portion of project outside of ROW requires Landscape Maintenance Agreement. One (1) Spare valve is available for use by the MSTU for project. 2 -14 -07 : Request for Quote sent out - deadline March 9`s, 2007 3- 15 -07: Committee to review quotes and select lowest quote. 4- 10 -07: Hannula is apparent low quote - Committee approval pending for $25,908.81 4- 17 -07: Committee approved for Hanula to do the job. 4- 30 -07: PO Request in process 5- 11 -07: Notice to Proceed sent to Hannula. Field meeting scheduled for May 22, 2007. Meetings to re- occur each week on Tuesday's (L -32)- COMPI.ET12 -(POC: Tessie Sillery ); Refurbish entrance sign- damaged by fallen palm at St Andrews Sign. 4 -17 -07 : Committee approved for Lykins PO to be opened to repair sign. Committee asked for more information on deflector plates. 5- 17 -07: Commitment from Lykins was to be complete by May 11, 2007 inspection pending today's drive - through. 5- 17 -07: Project Complete (L -29) - COMPLP, fl- -(POC: Tessie Sillery) -Median Re- Painting By Road & Bridge; Asper Committee Request on 11 -16 -06 Road & Bridge needs to paint "4" numbers at each median opening. 12- 20 -06: No action taken by Road & Bridge to date. Road & Bridge contacted pertaining Committee request to paint curbing. 2- 14 -07: Painting not done by Road & Bridge 3- 15 -07: R &B supervisor (Don) will meet with staff to make sure the location of #'s 4- 17 -07: Meeting with Road & Bridge crew to start project on April 23, 2007 with Don Champlin. 4- 30 -07: Completed (L -30) - COMPLETE - (POC essie tiIllery l Flag Pole Pole Maintenance - Committee requested staff to replace American Flag. 1 -17 -07 : Facilities Maint. will replace flag today 1- 18 -07: Flags replaced 1- 18 -07: Committee requested for a different size flag 1-23-07: Requested quote from Lykins 2- 10 -07: Single quotes and quotes for two for the committee to approve 2- 15 -07: Committee requested Tessie purchase flags through internet 3- 10 -07: State Flag and American Flags purchased (2 of each) $187.00 3- 15 -07: Flags arrived today...!!! 3- 17 -07: Flags installed - re -order will be on an as needed basis. County replacement flag is on order. (L -25) - ( OMPLE 11 -(Pt A . L)rarry Richard). (PROJECT PRIORITY 43 AS PER I 1 -17 -06 MEETING) Pebble Beach Blvd. Golf Cart Crossing Area Improvements 10- 19 -06: Committee directs Committee Chairman Bob Slebodnik to meet with Golf Course to determine if project is agreeable to Golf Course Management for Construction. I1- 17 -06: Committee Approved McGee & Associates Concept Based on Foxtail Palm installation. McGee & Associates to provide one signed and sealed plan and one reproducible not signed and sealed. 12- 18 -06: Quote for $10,801.94 received from Commercial Land Maintenance.- on hold until see below 12- 18 -06: Quote from CLM is approved for $10,801.94 under terms of annual contract. 1- 17 -06: Staff notified that existing irrigation is insufficient for project. Alternative solutions under review by McGee. 2- 15 -07: Requirments for project are: (1) need 2 separate valves for irrigation on each side of road; (2) need confirmation of energized mainline 24 hrs a day; (3) need Golf Course to relocate existing irrigation heads; Bob Slebodnick will contact AI Cooper and schedule a meeting time for follow -up. 3- 14 -07: Golf Course installing irrigation —50 %complete 4- 10 -07: Project Complete (L -24) - COMPLEFF t PO( Darryl Richard): -(PROJECT PRIORITY 42 AS PER 11 -17 -06 MEETING) DORAL CIRCLE LANDSCAPE, IRRIGATION, AND LIGHTING PROJECT —Need Committee Action for award of quote 6- 15 -06; Quotes received, issues with quotes and discrepancies identified, Committee requested that staff re -quote project with clarification concerning the discrepancies. 6- 27 -06: Waiting on quotes. 7- 18 -06: Need a bid tab Schedule from McGee & Associates and electrical engineering 8- 17 -06: Quotes from Annual Contractors for Electrical Installation/Design is pending. 8- 21 -06: Meeting with Bernie Simmonds to answer questions regarding quote request. 8- 21 -06: Owner of Kent Technologies Thom Esch office visit. Thom receives updated copy of plans. 8- 22 -06: Quotes from Annual Contractors is pending. Due date is August 29, 2006. 8- 31 -06: Vendors contacted regarding quote: Kent confirms that they will quote. Simmonds will get back to staff on 9 -1 -06. 9 -3 -06: E.B. Simmonds Electrical quote received for S 15,725.00 total electrical installation. Poles By County. 9 -5 -06; Bid Schedule revised and sent out. 10- 19 -06: Committee directs staff to obtain additional quotes. E.B. Simmonds quote rejected by Committee. Request for break -down of each line item from E.B. Simmonds. 10- 30 -06: E.B. Simmonds request meeting with Mike McGee and Staff to review project and quote. 11 -7 -06: E.B. Simmonds meets with Liaison Staff and reviews original quote. Project is re- quoted for $10,350.00 Committee Approval Required. 11- 16 -06: Lumec Sales Representative Ron Steedman confirms quote of $2,500 per light for a total of $5,000.00 Committee Approval Required. 11- 17 -06: Committee Approved E.B. Simmonds for $10,350.00; Approved $5,000.00 for Lumec; Approved $6,025.00 for Commercial Land Maintenance or other Contractor (ck with Purchasing). 12- 20 -06: Light Poles are on order, upon receipt E.B. Simmonds will begin electrical work, followed by Commercial Land Maintance installation of irrigation and landscaping. 1 -17 -07 : Light poles are due to be delivered on March 2, 2007 pending. PO Issued to EB Simmonds for Electrical, PO Issued to CLM for landscape project; After receipt of light poles EB Simmonds will install. 3 -9 -07: Received Lumec Poles for project 3- 14 -07: Poles picked up by EB Simmons 3- 20 -07: Electrical Installation Completed by E.B. Simmonds 4- 10 -07: Project Completed (L -32) — COMPLI: I F (Pt �C D: l ry1 Rich:lydl; Phase III Project: Refurbishment of Median # l and 92 on St. Andrews at entrance to Lely off of US 41. 2 -9 -07: 100% plans received from McGee 2- 15 -07: CLM confirms quote for $8,734.47 for project. 3- 15 -07: Project Completed (L -31) COMP1.11 F - Coordination with Ted Weiner —LMA Agreement 1- 13 -07: Letter from Ted Weiner— received and forwarded to Scott Teach 161 2- 15 -07: No official confirmation received from Weiner that they are baking out of LMA. Weiner had discussion with MSTU Committee Chair and requested assistance with Code Enforcement item. No further action is required on this item. (L -23) –COMPLGI I' - (Darryl) - (FDOT) (PROJECT PRIORITY #1 AS PER 11 -17 -06 MEETING) Lely Phase 11-Landscape and Irrigation; Final 100% Design Approved by FDOT; Permit received from Bryan Dennis FDOT; Waiting on Notice to Proceed from FDOT (requires checklist approval); Checklist has been submitted to FDOT for approval. 5 -1 -06; FDOT Notice to Proceed is pending. Checklist has been approved. 5- 15 -06; Notice to proceed still pending, checklist has been approved. 5- 30 -06; FDOT NTP and drawings delivered to purchasing – pending advertisement from purchasing. 6 -5 -06: Contract Letting by Purchasing, Bids due by 6 -30 -06; BCC Approval for 7 -25 -06 meeting (Novus Deadline of 7- 10 -06) 6- 12 -06: Bids are due June 30, 2006 – bcc 7 -25 -06 6- 15 -06; Pre -Bid Meeting on June 20, 2006 6- 27 -06; Addendum #I – in progress. 7- 18 -06; BCC to award bid to Vila & Sons – 7 -25 -06 7- 25 -06: BCC Approved Vila & Son Contract 8- 17 -06: Purchasing reports that Vila & Sons is completing paperwork for FDOT portion of contract and will return it back to Purchasing prior to issue of Contract/Purchase Order. 8- 22 -06: Vila & Sons to return paperwork to purchasing and anticipate availability for project within 2 weeks. Signed contract from Purchasing/County Attorney Office is pending. NTP is anticipated on September 5, 2006. 9 -1 -06: Contract sent to County Attorney Office for signature by Brenda Brilhart. 9 -5 -06: Conversation with Kay Nell indicates that Colleen Green is assigned to review contract. She suggests a follow -up call in 48 hours for confirmation of approval. 9- 19 -06: Notice to Proceed for Vila & Son; project begins: September 19, 2006 with 90 day contract period ending December 18, 2006. 11 -6 -06: Vila & Son Pay Application #1 reviewed and rejected due to non - completion of `Preparation for Planting' line item. Pay Application will be sent back to contractor for revision. 11-7-06: Revised pay application approved for payment. Project is 57 % completed. 1- 17 -07: Substantial Completion Inspection; Punch -List Complete for outstanding items. Present were: Philip Thibeaux, Vila & Son; Darryl Richard, ATM Liaison; and Mike McGee, McGee & Associates; Roger Dick, Irrigation Project Manager. 2- 21 -07: Confirmation Final Close -out change order is processed (CO 42). (L-26) – COM PL i I[ -Order for new Sign –Pebble Beach Median 419 8- 17 -06: Lely MSTU Committee requested that Staff have Lykins provide quote for downed sign at median # 19 Pebble Beach Drive. 8- 31 -06: Staff request that Lykins provide quote for issue of PO. 9 -8 -06: Quote Received, but committee did not approve the amount. - Only to get a quote. 10 -9 -06: Staff requires Lely MSTU Committee approval for this item in order to proceed. 10- 19 -06: Committee review of item, Consensus is that item is not an MSTU Project and is the concern of the Lely Civic Association (HOA). The sign was originally installed by the HOA. (L -28) – COMPLETP; - PEBBLE BEACH OVERPASS PROJECT —Road & Bridge to reconstruct asphalt on overpass. No confirmation of schedule from R& B as of today – 3 -6 -06 and as of 5 -15 -06 5- 30 -06; Stormwater Director (Calvert) is working on project estimate and scope. To be complete within 2 weeks. 7- 18 -06: Jerry Kurtz reports project is not funded this fiscal year and there are no immediate project needs. 8- 17 -06: Lely MSTU Committee request review of project and reconsideration for project schedule. 8- 18 -06: Eugene Calvert sends email indicating that the project is not scheduled/funded by Stormwater. 8- 22 -06: Committee has requested review of previous determination by Stormwater that the project does not warrant action by Stormwater. ATM Liaison Staff has set up a meeting on August 24, 2006 at 1:00 PM to discuss. 8- 24 -06: Staff meets with Committee Chairman Bob Slebodnik to review project. 1611 9 -1 -06: RLS sent to Scott Teach to confmn that the MSTU can fund 50% of $65,000.00 project; Stormwater Dept. would fund other 50 %. 9-11-06: RLS response by Scott Teach indicates that the MSTU cannot fund the project. Pending Committee action to cancel project, the project cannot be funded by MSTU funds. 10- 19 -06: As per County Attorney's review and response project is determined to be a `non -MSTU' Project and falls outside of the authorization as per Current MSTU Ordinance. (L -25) — COMPLEIL- Pending C omr -tiuce -lctiun - PALM TREE REPLACEMENT —MCGEE recommendations pending as per committee request. Committee is interested in Foxtail Palms. — 7/18/06: McGee provided quote and committee waiting for phase Il before proceeding with project. 8- 17 -06: McGee formal written proposal is pending. 8- 17 -06: Staff requests a formal written proposal from McGee & Associates at MSTU Meeting. 8- 22 -06: Written Proposal from McGee is pending. 9- 11 -06: Anticipated delivery date 9 -30 -06 10- 19 -06: McGee provides cost estimate with recommendations for Committee. Committee Action is required to proceed with Project. (L -27) — COMPI+ II? - Order for new Sign at Entrance Lely MSTU US 41 at St. Andrews; Lykins quote for $760.00 approved by Committee on July 20, 2006. 7- 24 -06: Staff request to purchase for Lykins in the amount of $760.00 8- 17 -06: Lykins installation of sign pending. 8- 22 -06: PO issued to Lykins for installation of sign. Installation to be complete by 2 °d week Sept. 8- 31 -06: Proof will be forwarded to Staff on 9 -1 -06 for review. 9 -7 -06; Darryl approved the proof. 9- 22 -06: Lykins begins installation of sign. 10 -1 -06: Lykins installation complete (L -21) i'OMPLEIF. - Flag lighting — not working. — Anticipated completion date — September 3e, 2006 8- 17 -06; Eb Simmonds contacted for lighting and flagpoles and took care of problem under contract — no fee charged 10- 10 -06: Lights reported 100% operational by Committee Chairman (L- 1)— COMPl,i; fF- Spraying of Exotic vegetation at St. Andrews Canal — Travis Gossard contacted regarding request for re- spraying of exotics. 8- 22 -06: Danny Dominguez confirms that the re- spraying of the Canal has taken place. (L - 2)— COMPLE IF - Painting of Curbs and Yellow Paint at Median Tips 6- 15 -06; Estimate for work approved minus purchase of material (paint). Staff to obtain material separate to Commercial Land Maintenance proposal. 6- 23 -06: Requested Gerald Morris to let us know — R &B painting schedule and paint in stock? 7 -6 -06: Gerald emailed giving us an update on their painting schedule and asked J.Vliet to respond to us. 7- 18 -06; Spoke to John Vliet and he stated to make sure to use FDOT standards on paint and not to change anything. Just repaint. 7- 18 -06; Will purchase paint at Sherwin Williams and provide to CLM. 7- 20 -06: Paint and materials dropped off to CLM 8- 15 -06: CLM performing painting, curbs completed, painting of numbers not complete 8- 22 -06: Project is completed. (L -3) -COM PL F.TF -Sign Plantings of Crown of Thom (Augusta at Forest Hill) — CLM directed to plant crown of thorn at existing sign on July 20, 2006. 8- 14 -06: Inspection indicated that plantings had not occurred CLM contacted. 8- 22 -06: Plantings of Crown of Thom is completed. .' (L -4) COMPLE "IE: Solar fighting - HOA Project - Augusta Boulevard at Forest Hill Sign Lighting Project- FICA to fund installation, MSTU to pay for 1/2 of construction cost. 5- 15 -06: Pending Purchasing approval 5- 30 -06: Kent Tech is revising their estimate as per contract. 6- 12 -06: Kent tech has provided requested quote, item being processed by Finance /Purchasing (L -5) -C OMPLE fL -Lely Phase II- (Electrical & Lighting & Irrigation Controllers): - Construction Cost: EB Simmonds Cost $23,010.00; Lumec Cost $17,050.00 ($1,550 per pole w/ I 1 poles) =Total Project $40,060.00. E.B. Simmonds is complete, FPL to power up Meter - pending. 5 -1 -06; FPL and EB Simmonds work complete. (L -6) (-,)M PIT IF:- Potable Water Meter Removal (L 7) - COMPLETE - Repair of Asphalt on Forest Hill - COMPLETE; Andy Vanisak, Road & Bridge, performed repairs to the area at no cost to the MSTU; Initial Repair Complete (L -8) Flag Replacement- COMP! EI it D -Flag Order for poles at St. Andrews and US 41 6- 15 -06; as per committee request the flags will be ordered twice a year or "as needed" (L -9) - COMPLEI L -Lely Phase I- Complete (3/l/05) - COMPLETED (L -10) - COMPLEI I:- Drainage Project- Pebble Beach Road- Non -MSTU Project (L -I 1) - COMPLh'1P: Drainage Project -St. Andrews Boulevard- Embankment Cleaning- 100% (L -12) COMPLETE - Baltusrol Culvert Inlet Clean-Out 5- 12 -06; Project Competed by Commercial Land Maintenance (L -13) - COMPI.I'.TE.- Baltusrol Overpass Asphalt Repair — at the request of the Committee Chairman Road & Bridge performed the repair. 3- 10 -06; Project Completed by Road & Bridge (L -14) - COM111 f [+- Baltusrol Tree near lift station; Committee requested staff investigate weather the tree identified near the existing lift station was the responsibility of the MSTU to maintain as it was severely damaged by Hurricane Wilma, had been subsequently removed by others, and a huge stump remained. 2 -2 -06; Investigation by Staff concludes that the tree stump is outside of the Right of way on Baltusrol and that the tree is either on Golf Course Property or Lot owner at Lot 133 Baltusrol. (L -15) C'OMPLE IF- " Pinehurst Estates" Sign Area on Baltusrol Landscape Project; Refurbishment Project to address the non - planted areas around the existing signs for the entrance into Pinehurst Estates - Lely MSTU Area. 5 -5 -06; Project Completed by Commercial Land Maintenance. (L -16) COMPI "I. I F -Dora) Circle: Pepper Tree Removal 6 -1 -06; Road & Bridge Contacted concerning the removal of pepper tree within County Right of Way. 6- 15 -06; Pepper Tree reported removed (L -17) -COM PLE fEDoral Circle Sign Lighting Project 3- 15- 06Project Completed by Kent Technologies under contract with Lely MSTU. (L -18) -COM PLt I F -Doral Circle Bench Area Refurbishment Project. Committee directed staff to obtain quotes for Commercial Land Maintenance to pressure clean pavers and apply protective sealant, replace decking on benches, and reset shrubs in planted beds. 2- 10 -06; Project reported complete by Commercial Land Maintenance. 1611 (L -19) —On I Iold- Phase 11 Project; Advanced Bench Order and Installation; Asper Committee request quote was requested of Commercial Land Maintenance for the installation of benches to include storage. The order for the benches was on hold due to the storage issue. As per the Bid Letting on June 5, 2006 and following Pre -Bid meeting the benches are to be included in the bid for Phase Il Project as an alternate. (L- 20)— COMPLETE -FLAG POLE REPLACEMENT — a. Received Quotes from annual contractors and other vendors. Lykens Sign Tech was low quote. Purchasing recommended Lykens Sign Tech, committee cancelled project. b. Committee has requested CLM to demolition existing poles and bases as per annual contract rates not to exceed $2,500.00 after demolition, quotes will be requested from Sign Companies. 5 -1 -06; PO issue is pending as per Committee Approval. 5- 15 -06; Sign Craft received NTP on 5 -12 -06 and waiting on material order — drawing prepared: 3 weeks estimated for poles to be received. 6- 12 -06: flag poles to arrive within 1 week. — On site meeting with contract to confirm locations. 6- 15 -06; Flag poles and all materials received by contractor; Installation to begin upon receipt of Permit from Collier County Sign Permitting. 6 -27 -06 : to be installed by June 30" pending CDS review of construction pad 7 -3 -06: Flag Poles are up with flags. 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HORSESHOE DR. NAPLES FL 34104 L Page 1 / 2 PO number /date 4500084146 / 09/20/2007 Contact persONTeiephone Gloria Herrera Our Tax Exemption no. 85- 801262183OC -2 Send invoice to: Hoard of County Commissioners Attn: Finance Department PO Boa 413016 Naples, Florida 34101 -3016 Delivery date: Day 09/30/2007 Terms of delivery: FOB DESTINATION Terms of payment: Net 30 Days (20 business days) Item Matenal uebu pwn Order qty. Unit Price per unit Net value 00010 RWA -FT- 3944 -07 -08 4,950.76000 each 1.00 4,950.76 Rel. ord. against contract 4600001179 Item 00010 W.O. RWA -FT- 3944 -07 -08 Survey Services for Lely MSTU - Survey Fence 152- 16254- 631410 -0 THIS ORDER SUBJECT TO THE FOLLOWING CONDMONS: 1.Tier.a�adr barma..d bbesehiy.arr.d. PW� wilbe m.es wo+auro +aaraer aoa.nw wVmWft"a vww.aw'M� 2. Ped+r aft nnibet nua,PPwr an M Yaabr. 06"O . r o�wpandro. 3. 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Unit Price per unit Net value Total net value excl. tax 4,950.76 4 Ship to: Collier County 2885 Horseshoe Drive South Naples, FL 34104 Tel. 239 -213 -5886 Fax: 239- 213-5899 REQUEST TO PURCHASE Requested by: Darryl Richard & Tessie Sillery Date: Friday, September 07, 2007 Vendor Name: RWA, Inc. 6610 Willow Park Drive Suite 200 Naples, Florida 34109 Phone: (239) 597 -0575 Fax: (239) 597-0578 Vendor Tel Number: (239) 597 -0575 Requisition Number: e d 1j3 7,1 / Purchase Order Number: 8 yL Cust.# RE: Survey Services for Lely MSTU - Lely MSTU - Survey Fence (see attached Proposal and Work Order for details of each Task Item) Item Description Qty (unit) Task 1.0 Control Survey 1.1 : GPS Controi:Total 1.2: Vertical Control/Benchmarks :Tote 1 1.3: Horizon Control: Total 1.4: Property Ownership: Total Task 2.0 Topographic Survey 2.1: Locate Improvements: Total 2.2: Locate Existing Fence: Total 2.3: 50' Cross Section: Total 2.4: Detail Location of Existing Residence: Total 2.5: Locate Hedge Planting Areas and Trees: Total Total Total Amount Requested Amount $ 344.73 $ 552.29 $ 343.65 $ 209.60 $ 699.81 $280.00 51,120.07 $840.40 $560.21 $4,950.76 950.76 Bid rMtraet 06 -3944 Annual Contract For Roadways" Request is for survey services as per Lely Committee request 'not to exceed $5,000.00, quote is based on Contract 06 -3944 FUND: 152 Cost CeNter 634 99 Approved: Diane B. FI Alternative a7R I0oYr0yK Uec-i0- 44 00001175 Code Modes WORK ORDER # RWA -FT- 394407-0 8 "Contract 06 -3944 Annual Contract For Roadways" This Work Order is for Roadway Improvements, subject to the terns and conditions of the contract referenced above, for work known as: Project Name: Lely MSTU - Survey Fence The work is specified in the proposal dated , August 22.2007 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # RWA -FT- 394407 -08 is assigned to: RWA Consulting. Scope of Work: As detailed in the attached proposal and the following: .13 hrs. Task Description Quantity Unit Unit Cost Total Task 1.0 - Control Survey @ $ 133 /hr. $ 110.39 1.1: GPS Control 1.63 bra. @ $ 85 /hr. Consultant VII 0.08 hrs. @ $172 /hr. $ 13.76 Consultant IV 0.52 hrs. @ $ 133 /hr. $ 69.16 Tech IV 1.01 hrs. @ $ 85 /hr. $ 85.85 Field Crew IV 1.36 hrs. @ $ 127 /hr. $172.72 Administrative Assistant III 0 .06 hrs. @$ 54 /hr. $ 3.24 Total $ 344.73 1.2: Vertical Control/Benchmarks Consultant VII .13 hrs. @ $172 /hr. $ 22.36 Consultant IV 0.83 hrs. @ $ 133 /hr. $ 110.39 Tech IV 1.63 bra. @ $ 85 /hr. $ 138.55 Field Crew IV 2.17 hrs.. @ $ 127 /hr. $ 275.59 Administrative Assistant III 0.10 hrs. @$ 54 /hr. 5.40 Total $ 552.29 1.3: Horizon Control Consultant VII .08 hrs. @ $172 /hr. $ 13.76 Consultant IV 0.52 hrs. @ $ 133 /hr. $ 69.16 Tech IV 1.01 hrs. @ $ 85 /hr. $ 85.85 Field Crew IV 1.36 hrs. @ $ 127 /hr. $172.72 Administrative Assistant III 0.04 hrs. @$ 54 /hr. 52.16 Total $ 343.65 IA: Property Ownership Consultant VII .05 hrs. @ $172 /hr. $ 8.60 Consultant IV .31 hrs. @ $ 133 /hr. $ 41.23 Tech IV .61 hrs. @ $ 85 /hr. $ 51.85 Field Crew IV .82 hrs. @ $ 127 /hr. $ 104.14 Administrative Assistant III 0.07 hrs. @$ 54 /hr. $ 3.78 Total $ 209.60 2.0 Tonographic Surve 2.1: Locate Improvements .07hrs. @ $172 /hr. $ 12.04 Consultant VII .16 hrs. @ $172 /hr. $ 27.52 Consultant IV 1.05hrs. @ $ 133 /hr. $139.65 Tech IV 2.06hrs. @ $ 85 /hr. $175.10 Field Crew 1V 2.76 hrs.@ $ 127 /hr. $350.52 Administrative Assistant III .13 hrs. @$ 54 /hr. $ 7.02 Total $ 699.81 2.2: Locate Existing Fence Consultant VII .07hrs. @ $172 /hr. $ 12.04 Consultant IV .42hrs. @ $ 133 /hr. $ 55.86 Tech IV .82hrs. @ $ 85 /hr. $ 69.70 Field Crew IV I.10hrs. @ $ 127 /hr. $139.70 Administrative Assistant III .05hrs. @$ 54 /hr. $ 2.70 Total $280.00 2.4: Detail Location of Existing Residence Consultant VII .20hrs. @ $172 /hr. =611 Consultant IV 1.26hrs.@ $ 133 /hr. $167.58 2.3: 50' Cross Section 2.47hrs.@ $ 85 /hr. $209.95 Consultant VII .26hrs. @ $172 /hr. $ 44.72 Consultant IV 1.68hrs.@ $ 133 /hr. $223.44 Tech IV 3.30hrs.@ $ 85 /hr. $280.50 Field Crew IV 4.41hrs. @ $ 127 /hr. $560.07 Administrative Assistant III .21hrs. @$ 54 /hr. 11.34 Total $1,120.07 2.4: Detail Location of Existing Residence Consultant VII .20hrs. @ $172 /hr. $ 34.40 Consultant IV 1.26hrs.@ $ 133 /hr. $167.58 Tech IV 2.47hrs.@ $ 85 /hr. $209.95 Field Crew IV 3.31hrs. @ $ 127/hr. $420.37 Administrative Assistant III .15hrs. @$ 54 /hr. $ 8.10 Total $840.40 2.5: Locate Hedge Planting Areas and Trees Consultant VII .13hrs. @ $172 /hr. $ 22.36 Consultant IV .84hrs. @ $ 133 /hr. $111.72 Tech IV 1.65hrs @ $ 85 /hr $140.25 Field Crew IV 2.20hrs.@ $ 127 /hr. $279.40 Administrative Assistant III .12hrs. @$ 54 /hr. $ 6.48 Total $560.21 Total Amount of Work Order 4S ,950.76 Schedule of Work: Complete work within 60 days from receipt of the Notice to Proceed which is accompanying this Work Order. CoMRensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if task is time and material, so indicated and use the established hourly rate(s) as enumerated in Schedule'A' of the Agreement). TOTAL FEE $4.950.76 Any change made subsequent to final department approval will be considered an additional service and charaed according to Schedu(a� of the original Contract Agreement. PREPARED BY:� Darry APPROVED BY: Diane APPROVED BY:� Manager, ATM Dept. ATM Department i Q-, at 9�D ate /yv'7 ate ACCEPTED. BY: A Cotvtulti Si of Authorized Company t Date i�r1aPR Cam. Cra�4eg 5 (z. 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CALL TO ORDER Kirk Colvin opened the meeting at 6:30 p.m. II. OLD BUSINESS A. Chiefs Report. B. No Advisory Board Meeting held 09/06/07; no quorum. C. Update on Mainsail Drive 2nd station talks. 1. WCI ready to submit for permits for Tower 4. 2. WCI told by ICFD to identify land for fire /rescue station. 3. Proposed site: north side of Mainsail Dr. by the airport. a. In process of obtaining lot appraisal. b. County investigating buildability of the site. c. 3 possible sources of funds to build station. 1. EMS will pay half. 2. Mortgage loan. 3. Waive impact fees for a completed station by WCI. D. Status of new Rescue Boat. 1. Still working on improvements and boat outfitting. 2. Executive Summary ready for BCC submittal. 3. Formal acceptance estimated to be late October /early November. Misc. Ctxrp: oar. I l 1- 0 lt8M #.- ( Copies to: III. NEW BUSINESS A. New F/Y 2008 Budget in place; copy of complete budget distributed. B. James Gault officially appointed by BCC as new Advisory Board member. C. Copy of by -laws of Collier County Fire Service Steering Comm. distributed. 1. Committee meets monthly. 2. Chief Rodriguez and Joe Langkawel regularly attend meetings. 3. All districts pay annual minimal dues. 4. Nothing to report from Sept. 2007 meeting. D. Next Advisory Board meeting to be held on Nov. 1, 2007 IV. ADJOURNMENT The meeting was adjourned at 7:05 p.m. 1611 B 9 ISLES OF CAPRI FIRE / RESCUE ADVISORY BOARD AGENDA Oct.4, 2007 CHIEF'S REPORT A. OPERATIONS REPORT B. VOLUNTEER REPORT C. TRAINING REPORT D. BUDGET REPORT OLD BUSINESS NEW BUSINESS Steering Committee by -laws New Board Member BOARD AND CITIZENS' OPEN DISCUSSION 16 11 L7 � CHIEF'S REPORT Oct 4, 2007 OPERATIONS REPORT Isles of Capri Fire / Rescue personnel provide 24 hour emergency services for the Isles of Capri community with a consistent average response time of 3 to 4 minutes. From 8:00 a.m. to 8:00 a.m., a minimum of at least four fully state certified Firefighters are assigned to the fire station. Additionally, the Isles of Capri Fire / Rescue Department has the only Advanced Life Support (ALS) equipped boats in Collier County. This means that a medical emergency on the water, be it a heart attack or traumatic injury, can be handled with the most advanced emergency care possible in the field. The Isles of Capri Fire / Rescue Department welcomes citizens to stop by the station for free blood pressure checks. We also provide home and condo fire prevention inspections, along with CPR classes. ** *UPDATES * ** Isles of Capri Fire / Rescue is now an Advanced Life Support Provider (partnership with EMS) Call Type Fires` Structure 0 4 4 9 Vehicle 0 0 0 1 Brush 0 0 0 16 Alarms: Fire Alarms 2 35 1 37 401 Medical Alarms 0 0 1 0 0 Medical: I'. Ambulance Calls 3 0 3 116 Vehicle Accidents 0 0 0 3 Medical Assists 0 0 0 0 Haz -Mat: Haz -Mat Calls 0 1 2 2 6 Power Lines Down 0 1 0 0 0 Marine; ;I Boat Fire 0 0 0 0 EMS via water 1 0 1 14 Dive Rescue 0 0 0 0 Search & Rescue 0 0 0 0 Marine Assist 0 0 0 0 Other: Public Assists 1 1 0 1 1 14 Move-up 0 5 5 25 Tech Rescue 0 0 0 0 Total Note: In- District includes all Marine calls in District 01 (Collier County Waterways) ;J�aa- ��r✓r� ((�n�t /�� o- u�rrf� ��nz�yt�,l:lni2,e��1 cr 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 ,7 Donna Fiala District 1 Frank Halas Distdci 2 Tom Henning Dislrict 3 Fred W. Coyle Dlstlict I .Jim Colelta District 5 Mr..lamcs J. Gault 242 t.apcninsula Boulevard Naples. FL 34113 September 12, 2007 Subject: Isles of Capri Firc Control District Advisory Committee Dcar Mr. Gault: 16/1 a 9 While convcncd in regular session on September 11, 2007, the Board ofCounty Commissioners voted to appoint you as a regular mcmbcr on the above- rcicrenced advisory committee. Your appointment will expire on December 31, 2009, or at such time as the Board rc- appoints you or appoints yoursucccssor. As with any advisory group, the primary purpose is to assist and advise the Board of County Commissioners. t3y law, however, the ultimate decisions rest with the Commission. Al times, the Commission's decisions may not reflect the recommendation of the advisory group because many I1lClS MUSt be taken into consideration. 13y copy of this letter, we are requesting Chief Emilio Rodriguez, Isle of Capri File District, to provide you with any additional information you will need as a member of this conunittec. On behalf of the Board of County Commissioners, 1 wish to extend our appreciation to you for Your willingness to serve the residents of Collier County as a member of this advisory committee. Very �ruly yours,,/' A � m Colctta, Cliauman Commissioner, District 5 .IC:sf cc: Chiel' Finilio Rodriguez Isle of Capri Fire District N ' O ' O L N b L q Y N N q ' U 16'1 J O O O O O O O O 00 O O U p0 7 O O O O O O O O O O O O O O O O O O O b O O O O D O 0 0 0 0 0 0 0 0 0 0 0 0 00 V O O O O O O O O ay O O L� O O O O O O p O 7 O 0 0 0 0 0 0 0 0 0 0 0 O V O O O 1!1 O O N O O O O 0 N :V m rl b � � «1 ifl YI ifl P :tl .+ N ifl N b N m m 1� b b T m N m ✓1 r O .y O� m N m 0 0 0 0 0 0 o O o 0 0 0 0 1 0 0 0 0 0 0 O o 0 0 o O 0 0 0 o O o O O o O O h o o O o O o O O O O O O O O O O O O O O O O O O O O O D O 0 0 rl O O O O P o O O O O O O O m N O p y 00 00 O 00 O O O O 0 0 0 0 0 0 00 O O O O O O m O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 Y1 O O O O m O O O O O O O O , O O O O O O O O U O O O O O O O O O O O O O O O O O 1p O O L� O ✓1 0 0 0 0 0 0 0 0 P O C T N � M N \ I ti W I K Y U r u m W N N m u a v v 'O C 4 C C o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 00 Oo 0 0 C .ti u b m o 0 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W W VI N O O 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O 0 0 0 0 0 0 Y fL U r1 1 V b ✓� L� 0 1p VI r m m N r P m m Z C N m rl m T b N i q M O O 0 O O b o u u u a d m C tt ti Ili W m N U fT bl 6l [G: FF. p U 'N 0 A O N N W 'OU 'SOL fa D G fi m z. 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U a u z z Q w u w W a a Y d U u o 0 C F w eR u o0o w a m 0 309 � ° P ' C N a P x o 0 m � o m Y o 0 w o L Y Y N V 4 L O L L Y C O tl N C N% Y a Y >m Y u 0 0O o 0 0 0 0 0 o m m o 0 0O 0 oO 0 0 0 0 0O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m r 0 0 0 0 0 0 0 0 0 0 0 N o i o 0 0 0 0 o m oO m o o w o 0 00 N o 0 0 0 0O 0 0 0 0 J O O N O p N ✓1 O O O O O O O N N N O l 0 0O oO oO o 0 0 0 0 0 0 0 0 0O o 0O 0 0 0 0O o 0O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 a m C n e� O n N m P O M Ifl J1 rl T N^ P m O� N i w Np K e RECtOOD'�� roo OCT 10 2007 U3ttl .�� GnuMy Gommfssicners �GU Lie Halas � Henr ing --- �- -- Coyle y Coletta� Memorandum To: Sue Filson, Executive Manager, Board of County Commissioners From: Alexandra Sulecki, Conservation Collier Program Coordinator Date: October 9, 2007 Subject: Transmittal of approved Minutes and any referenced attachments from the September 10, 2007 Conservation Collier Land Acquisition Advisory Committee Meeting Please find attached the following: Approved Minutes from the Septemberl0, 2007 Conservation Collier Land Acquisition Advisory Committee Meeting • No referenced attachments Please call me at 213 -2961 if you have questions. Misc. coffft Date: 10 [3 Z)T Environmental Services Department Community Development & Environmental Services Division 161 Septeler 1200 MINUTES OF THE MEETING OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Naples, Florida, September 10, 2007 LET IT BE REMEMBERED, that the Conservation Collier Land Acquisition Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN VICE CHAIRMAN Bill Poteet Michael Delate Marco " spinar Wayne Jenkins Kevin Kacer Will Kriz Tony Pires Stan Weiner Mimi Wolok STAFF PRESENT: Christal Segura - Conservation Collier Land Manager Jennifer Belpidio— Assistant County Attorney Cindy Erb — Sr. Property Acquisition Specialist Alexandra Sulecki — Conservation Collier Coordinator 1611 a7 September 10, 2007 L Roll Call The meeting was called to order at 9:00 AM by Chairman Poteet. Roll Call was taken, and a quorum established. Ms. Solecki introduced Annisa Karem as a temporary staff member. II. Approval of Agenda Mr. Jenkins moved to approve the agenda. Second by Mr. Kacer. Carried unanimously 8 -0. Mr. Pires stated that he had reviewed possible conflicts of interest on the RJS parcel application with the Assistant County Attorney Jennifer Belpedio and determinations were made that a conflict did not exist. Due to a possible conflict of interest he will not be voting on the Su application. III. Approval of July 9, 2007 Minutes Mr. Kriz moved to approve the minutes of July 9, 2007 subject to the following changes: Page 45 "New Business" (2) — line #1 Pint Ridge Road to Pine Ridge Road. Page 8 "Break ": 11:56 AM to 10:56 AM Page 8 "V. New Business, paragraph 2, line 2, filing in or dredging to filling in or dredging Second by Mr. Jenkins. Carried unanimously 8 -0. IV. Old Business A. Real Estate Services Update — A list of properties Ms. Erb updated the Committee on the following applications: • Fleischman North — Ms. Sulecki stated the property has a project ongoing in the permit process and this application has been delayed until the process is complete. • Mcllvane Marsh • Price and Scherer - properties closed on July 161h. • Connolly Tr. - BCC approved on 5/22/07. Closing documents being prepared. • RJS, LLC (1parcels) — Accepted offer on June 22nd, Executive Summary prepared for approval. • At present 4 parcels acquired totaling 159.54 acres ($1,078,500) • Winchester Head — To date 7 parcels have been acquired. In addition, 106 offer letters sent out to landowners; 7 properties owners have accepted, 4 have rejected. B. Contracts 1. RJS LLC- Ms. Erb submitted the Executive Summary for the parcel. Mr. Kacer moved to approve the Executive Summary. Second by Mr. Kriz. Carried 6 -1. Mr. Delate voted "no. " Mr. Pires abstained 2 1611 8,10 September 10, 2007 2. Starnes Update — Ms. Belpedio provided an update on the Starnes application. The following was noted: • The property has approximately 18 existing leases containing mineral rights including surfacing mining. • Purchaser has 55 days (expiring at the end of October) to obtain releases or terminate the agreement. Releases have been prepared for submittal to the mineral rights owners. • The County may not need releases, could handle it through the deed language. • The South Florida Water Management District has refused the OGM lessee's request to open a well on District lands east of Starnes for the purpose of directional drilling beneath Starnes. The Committee determined that the mineral rights should be released before purchase of the parcel. C. TDR Conveyance Resolution DRAFT Ms. Sulecki submitted and summarized the resolution for the Committee. Mr. Kriz moved to approve the resolution and send it to the BCC for approval subject to the following: Section II., (C) line 2, - exotic and solid waste removal, to "exotic, solid waste and hazardous materials removal ", Seconded by Mr. Delate. Carried unanimously 8 -0. D. Update - Ordinance and Purchase Policy Resolution changes Ms. Sulecki stated that staff's request was on the BCC agends. for September 11`s to ask the Board for direction on changing the ordinance. Once that direction is provided it will be set for a final approval hearing. Two additional changes have been suggested: • Change the percent of the management funding split from 15% to 25 %. • Increase the time frame for the interim management plan to be due from 60 to 90 days. The Committee determined a subcommittee should review the changes. E. Update - Winchester Head Ms. Erb stated that to date 7 parcels totaling 8.88 acres ($275,000) have been acquired. In addition, 106 offer letters sent out to landowners; 7 properties owners have accepted, 4 have rejected. V. New Business 1611 B1Q September 10, 2007 A. Cycle 5 applications — new application reports 1. Rivers Road Properties, Romak, Celsnak, Dyches, Su, Freitas and other late additions. Ms. Sulecki provided an presentation on the River Road application, the 9 parcels total 71.9 acres offered by 5 different property owners' properties and have a total assessed value of 4.3 million dollars. The owners are seeking a total of 7 million dollars. A cursory site assessment was prepared by the staff and a power point presentation and was reviewed by the Committee. Mr. Espinar noted that he had worked for Mr. Stims 2 years ago on one of the subject parcels, but the contract has expired. Ms. Belpedio determined that he did not have a conflict of interest. The Committee determined that the ownership status of River Road should be determined Ms. Wolok moved to go forward with the application. Second by Mr. Kriz Carried unanimously 8 -0. 2. Unit 53- Trinh- 2,Romack and Celsnak Ms Sulecki presented the application and stated the project was originally approved in 2004 but was halted in 2006 because of rising property values and staff was directed to stop buying for 2 years or until the property values decreased by 50 percent. Staff received several unsolicited applications and is presenting them because there is no mechanism to refuse consideration at this point. The Celsnak and " Trinh - 2" parcels are available and have been added to the application. There was discussion about whether to add the Devisse property to the group of applications. Mimi Wolok stated a possible conflict with the Devisse parcel. Colleen Greene, Assistant County Attorney relieved Jennifer Belpedio at 9:53 AM. Mr. Kriz moved to go forward with the presented Unit 53 applications. Second by Ms. Wolok. Carried unanimously 8 -0. 3. Dyches property — Marco Island Ms. Sulecki presented the application and stated that the property is adjacent to the Otter Mound Preserve, is 1.25 acres in size and contains a residence. The Committee reviewed a power point presentation prepared by the Staff. 4 1613 September 10, 2007 Mr. Pires noted the parcel's location is adjacent to other County properties and other County Departments have purchased properties with structures in the past. Ms. Wolok was concerned that purchasing this type of property could set future precedents for purchases of properties with homes and that is not the scope of the Committee. SPEAKERS Jim Dyches, spoke about the family history of the property and stated that he is willing to work with the County on the sale price of the property. He noted it is adjacent to two other County properties. Bill Perdichizzi of the Marco Island Historical Society stated that the Society is interested in partnering with the County and utilizing the structure as a visitor's center. Mr. Delate moved to go forward with the application. Second by Mr. Espinar. Mr. Jenkins felt that the application did not meet the goals of the Conservation Collier Land Acquisition Advisory Committee. Mr. Espinar requested staff to review the zoning requirements on the parcel for allowing a visitors center. Carried 6 -2. Mr. Jenkins and Ms. Wolok voted "no." 4. Reid Parcel — late addition Ms. Sulecki presented the application and stated the 5 acl e parcel is east of County Barn Road off Whittaker road on Sandy Lane. The Committee reviewed a power point presentation. Mr. Espinar moved not to proceed with the application. Second by Kacer. Motion carried unanimously 8 -0. 5. Su parcel — Manatee Road Ms. Segura presented the application and stated that property is approximately 72 acres and located between Manatee Road and US 41. The Committee reviewed a power point presentation prepared by the Staff. The State of Florida, Department of Environmental Protection supports the purchase of this parcel, providing a written letter of support (see attachment). September 10, 2007 Ms. Wolok moved to go forward with the application. Second by Mr. Kacer. Carried 7 -0. Mr. Pires abstained. 6. Freitas parcel — 62nd Ave. NE Ms. Segura presented the application and stated the property is 2.27 acres and located adjacent to the Oetting site previously acquired by the County. The Committee reviewed a power point presentation prepared by the Staff. Mr. Jenkins moved to go forward with the application. Second by Mr. Kacer. Carried unanimously 8 -0. B. ICSR Reports Ms. Sulecki reviewed the following Initial Criteria Screening Reports: 1. Faust — Score: 200 out of 400. 2. Gascon — Score: 228 out of 400. 3. Trinh — 1- Parcel addition - Mcllvane Marsh Score: 280 out of 400. 4. Unit 53 Trinh 2 & Romack — Score: 237 out of 400. Ms. Segura reviewed the following Initial Criteria Screening Reports: 5. Purpero — Score: 178 out of 400. C. Interim Management Plans Ms. Sulecki presented the following Interim Management Plans for approval. 1. Karen Property Mr. Espinar moved to approve the plan as presented. Second by Mr. Delate Mr. Kacer stated that he did not want to approve the plan at this time because of an outstanding easement and lack of a maintenance plan for the walls. Mr. Pires had concerns regarding Section 4.6, Public Access. Motion fails 8 -0. 2. RR Land Trust Mr. Kacer moved to approve the plan as presented. Second by Mr. Delate. Carried unanimously 8 -0. 3. Oetting Property Mr. Kacer moved to approve the plan as presented. Second by Ms. Wolokn Mr. Wolok questioned whether any educational grants have been pursued at this point. Ms. Sulecki stated no. 0 r 4A . � ._ a `, mL September 10, 2007 Carried unanimously 8 -0. D. TAME Event Report Ms. Segura provided an update on the exotic removal and related public event on a private parcel just north of Logan Woods. E. Conservation Collier Logo Ms. Sulecki stated Staff's interest in starting work on the Conservation Collier Logo. The Committee agreed to set an Outreach Committee meeting to provide input on the Logo. F. Outstanding Advisory Committee Member Program None. G. Coordinator Communications Ms. Sulecki provided the following information: 1. There has been a telephone exchange change and the entire County government will be on a single exchange of 252. 2. Handout of the South Florida Land Acquisition Update Map. 3. Section 24 Administrative Challenge is on the Counties' radar, due to new applications for properties within the section. 4. She and the County attorney are meeting with the City of Naples attorney to discuss the cities request funding for building the bike bridge for the Gordon River Greenway Project. 5. The Hamilton parcel is on the agenda for the September 11, 2007 BBC meeting. Staff has not been contacted, but the owner may be seeking more money than was offered. VI. Subcommittee Meeting Reports A. Outreach — Tony Pires, Chair None. B. Lands Evaluation and Management — Kevin Kacer, Chair. Committee met on August 24`h to review Karen, RR Land T; ost and Oetting Interim Management plans. Currently reviewing final plan for Otter Mound and will meet on October 11, 2007. C. Ordinance Policy and Procedures — Will Kriz, Chair A meeting will be scheduled to discuss the Ordinance issues of Section 4 -D of today's meeting. VII. Chair Committee Member Comments None VIII. Public General Comments None. 16 i I a I C September 10, 2007 IX. Staff Comments None. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 11:22 A.M. Conservation Collier Land Acquisition Advisory Committee Bill Poteet, Chairman These minutes approved by the Board /Committee on October 8 �ZoO 7 as presented or as amended X 1611 a-lid Halal R�.4.'EIVED,�.- rr, � Henning 2007 �` Coyle Coletta Eoard of County Commissioners IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE October 24. 2007 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes — June 27, 2007 V. Transportation Services Report A. Budget — Caroline Soto B. Project Manager Report — Darryl Richard VI. Transportation Maintenance Report VII. Report— Robert Kindelan /CLM VIII. Landscape Architects Report A. Report- Michael McGee 1. Paver options & costs VIII. Old Business IX. New Business X. Public Comment XI. Adjournment The next regularly scheduled meeting is November 28, 2007 4:30 p.m. At the Immokalee Community Park Misc. cares: 321 First Street South, Immokalee, FL 3 Date: Item ar: I Copies to. 1611 IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE September 26, 2007 SUMMARY OF MINUTES AND MOTIONS Meeting was not held — Quorum was not established. Next meeting is scheduled for October 24, 2007. 1611 811 IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE September 26, 2007 Minutes The meeting was called to order at 4:49 P. M. by Cherryle Thomas. No quorum was established. 11. Attendance Members: Rita Avalos (Excused), William Deyo (Absent), Dorcas Howard (Excused), Cherryle Thomas, Andrea Halman (Absent) County: Darryl Richard — Project Manger, Caroline Soto — Budget Analyst Others: Mike McGee — McGee & Associates, Sue Chapin — Mancan, Darlene Lafferty - Mancan XI. Meeting was adjourned. The next regularly scheduled meeting is October 24, 2007 4:30 p.m. At the Immokalee Community Park 321 First Street South, Immokalee, FL 16/1 Memorandum Fiala To: Sue Filson, Executive Manager Halas y� en Board of County Commissioners Cooylen9 Y Coletta v From: Jason Bires Property Acquisition Specialist E.CF! \1 n 20101 . ^,tr .:oinrnis�.arers Date: October 17, 2007 812 Subject: Golden Gate Estates Land Trust Committee Meeting Minutes Sue, Please find attached, a copy of the approved minutes and agendas from the Golden Gate Land Trust Committee meetings for the following dates: November 20, 2006 January 22, 2007 February 1, 2007 March 26, 2007 May 21, 2007 July 23, 2007 Thank you. Attachments as stated Misc. Corres Date: I [3 17 Item #I i a Real Property Management Department Conies to. November 20, 2006 7:00 p.m. Fire Station 71 - Golden Gate Boulevard Committee Members Chairman: Charles ( "Skip ") VanGelder Vice - Chairman: Jeffrey Curl Member: Karen Acquard Member: Stephen Greenberg (Absent) Member: Linda Hartman AGENDA Call to Order II. Approval of Minutes — September 25, 2006 III. Approval of Treasurer's Report Ending Cash Balance Available Cash Balance r IV. Chief Rita Greenberg — Funding request for Big Corkscrew Island & Fire Rescue District (update) A. Assistant Chief Mike Ginson on behalf of Chief Greenberg V. Request for Funds from Golden Gate Fire District (update) V1. Request for Land transfer from Parks & Recreation Department - 47+ acre parcel (update) VII. Reserved Parcel 39899040006 - Potential purchase for pond site for Oil Well Road Widening project. VIII. Reappointment letters for Stephen Greenberg and Karen Acquard. IX. Public Comment /Other Discussion X. Nest Proposed Meeting Date — Monday, January 22, 2007 (7:00 p.m.) XI. Adjournment �,•j i is `; i /i i :i _ i i � �!! i: Qmenican eoapawaon (GAC) MONDAY, NOVEMBER 20, 2006 FIRE STATION 71- 100 -13th Street SW Golden Gate Estates i I� �y�: i v =/ .l ani ✓tott — Property Acquisition & Sales Manager, Real Estate Services jan X1w — Acquisition Agent, Real Estate Services Xitc Suj v&h— Administrative Secretary, Real Estate Services Distribution: Email from Kevin Hendricks GAC Land Trust Parcel Tract 94, Unit 64 I Call to Order The meeting came to order at 7:00 p.m. It Approval of Minutes — September 25, 2006 Skip asked if anyone had any changes, comments or modifications regarding the minutes as presented for September 25, 2006 meeting. There were none. Karen made a motion to accept the minutes and Jeff seconded the motion. All in favor. III Approval of Treasurer's Report No Treasurer's Report was available for this meeting. IV Chief Rita Greenberg — Funding request for Big Corkscrew Island & Fire District (update) Chief Greenberg notified us earlier she would not be able to attend this meeting and would attend the meeting in January 22, 2007. 1611 V Request for Funds from Golden Gate Fire District (update) n Jason and Toni said they have not heard from the District regarding the pamphlets. The District has until September 12, 2007 to provide invoices for reimbursement. VI Request for Land transfer from Parks & Recreation Department — 47+ acre parcel (update) There have been no changes to the site plan and the committee's comments were sent to Ron Hovell, Project Manager from Facilities Management. Staff is anxious to submit the conditional use permit application. The conceptual site plan can be modified in the future as soon as possible. The committee will see the final plans before they are approved. Skip stated the values of the properties were in question. The school board property was $140,000 per acre and $125,000 per acre for the County property. The school board parcel does not provide access. The appraisers are trying to resolve this issue. The County and the School Board will share buffering and water retention. VII Reserved Parcel 39899040006 Unit 64 Tract 94 — Potential purchase for pond site for Oil Well Road Widening Project. Transportation would like to purchase a Reserved parcel to eliminate negotiations with the church property. Jason submitted to the members, a map showing the subject parcel, the property appraisers' information sheet, an email string between Kevin Hendricks from Transportation Right of Way and our department, and a map that shows the subject property in relation to the property owned by church. Jason only had one copy of the map. Karen asked if Transportation wants to put a pond on the Reserved parcel, what does that have to do with the church? Transportation had started negotiations with the church. In the email, it listed all the conditions that the church would like. Mr. Hendricks remembered the GAC property which facilitate for a pond site. Mr. Hendricks as stated in his email, Transportation is willing to pay 100% and more of the appraised value because in the long run, this would benefit Transportation. Mr. Hendricks submitted this request to the committee as opposed to dealing with the church. Skip made a motion that the GAC committee recommend to the BCC that Unit 64 Tract 94 (parcel ID 439899040006) be removed from the Reserved List and offered for sale to the Collier County Transportation Department at 100% appraised value and Karen seconded the motion. No other discussion. All in favor. V111 Reappointment letters for Stephen Greenberg and Karen Acquard. The acceptance letters from the BCC stating that Stephen and Karen have been approved by the BCC for reappointment in regular session October 24, 2006. The new term will expire October 13, 2010. iX Public Comment /Other Discussion No public comments. X Next Proposed Meeting Date — Monday January 22, 2007 (7:00 p.m.) XI Adjournment Skip asked for a motion to adjourn. Linda made a motion and Jeff seconded the motion. Motion carried and all in favor. 1611 81? ffldd,m fa(e C&at& Y alp '&knmMee January 22, 2007 7:00 p.m. Fire Station 71 — Golden Gate Boulevard Committee Members Chairman: Charles ( "Skip ") VanGelder Vice- Chairman: Jeffrey Curl Member: Karen Acquard Member: Stephen Greenberg Member: Linda Hartman AGENDA I. Call to Order II. Approval of Minutes — November 20, 2006 Ill. Approval of Treasurer's Report Ending Cash Balance Available Cash Balance IV. Chief Rita Greenberg — Funding request for Big Corkscrew Island & Fire Rescue District (update) V. Request for Funds from Golden Gate Fire District (update) VI. Request for Land transfer from Parks & Recreation Department - 47+ acre parcel (update) VII. School Board Reserved Parcels VIII. Oil Well Road Property - 39899040006 IX. Public Comment /Other Discussion X. Next Proposed Meeting Date — Monday. March 26, 2007 XI. Adjournment 1611 812 an egcan eo pawtion (GAC) MONDAY, JANUARY 22, 2007 FIRE STATION 71 100 -13th Street SW Golden Gate Estates Ii It (! N V i :r � r r tjsi i i sirs I� :: .To a ✓Ytaa— Property Acquisition & Sales Manager, Real Estate Services J,won 53vte.3 — Acquisition Agent, Real Estate Services Butda Sakatch —Administrative Secretary, Real Estate Services Distribution: Treasurer's Report (Item III) Letter from Chief Greenberg, Big Corkscrew Island Fire & Rescue District (Item IV) I Call to Order The meeting came to order at 7:09 p.m., as called by Vice - Chairman Jeffrey Curl, acting in Skip Van Gelder's absence. I I Approval of Minutes — November 20, 2006 Karen made the motion to accept the minutes. Steven seconded the motion. All in favor. III Approval of Treasurer's Report Jason stated that there is a total of $1,407,702.58 and an available cash balance of $1,376,009.21. Steve made a motion to accept the Treasurer's Report and Karen seconded the motion. All in favor. IV Chief Rita Greenberg — Funding request for Big Corkscrew Island & Fire District (update) Chief Greenberg distributed a letter regarding the Vehicle Upgrade. Chief Greenberg stated due to the environmental emissions change requirements in diesel motors, the unit (2006 model) they intended on purchasing is no longer available and the District was unsuccessful in locating an existing one. The next available unit will be a 2008 model, modified in accordance with the new emissions standards. With the 1611 812 above changes, there is an increased cost of $8,905 to purchase this unit. The revised trade -in estimate (was $7500, now $5500) reflects age, use and now non - compliance with the emissions standard. This gives a total difference of $10,905 from the original request for funds. Chief Greenberg is requesting the committee to amend the original agreement to reflect the increase in costs associated with this purchase. The original agreed amount to fund was $21,118, with the increase, the total amount would be $32,023 plus a $5,500 trade in allowance for a total of $37,523. The vehicle upgrade is as follows: $21,118 original request 2006 model 8,905 increase in 2008 model 2,000 decrease from trade -in value, (from $7500 to $5500) 5,500 new trade -in value $37,523 Total unit cost of the vehicle New fund request is $10,905. Also, in the original agreement, the District had 18 months to purchase the unit. The District will not be able to make the deadline. Chief Greenberg is asking for an extension on the agreement and 18 months would be sufficient. Because we did not have enough members to vote on this request, it was agreed to have a special meeting to vote for the new amount. The original request was signed June 20, 2006 and expires in 18 months. Toni said we are able to amend the agreement changing the dollar value and the time frame for the funds to be spent. As of this date, there will be a special meeting Thursday, February 1, 2007 at the same time and place, (7:pm, Station 71). V Request for Funds from Golden Gate Fire District (update) Jason and Toni said they have not heard from or received any invoice from the District regarding the pamphlets. The District has until September 12, 2007 to provide invoices for reimbursement. Steve asked if the District purchased the pamphlets. Toni stated we have no idea. Toni asked the members it' we should check with them regarding an invoice and member Karen said `no'. VI Request for Land transfer from Parks & Recreation Department— 47+ acre parcel (update) .Jason stated there is no update on the land transfer. VII School Board Reserved Parcels ,Jason stated item VII and VIII will be discussed together. VIII Oil Well Road Property - 39899040006 Jason advised the committee members that at the last Land Trust Meeting held on November 20, 2006, the committee members had approved Collier County Transportation's request to purchase Unit 64, Tract 94 (folio # 3989904006) required for the expansion of Oil Well Road. Jason stated that upon further investigation it was determined that this parcel was designated for the School Board on the Reserved List. ,Jason said he has been in contact with Art Dobberstein at the School Board to determine if they would be agreeable to swapping this parcel for another parcel on the Reserved List designated as Future Marketability. Jason said that Art advised that the School Board would be interested in swapping this parcel (Unit 64, Tract 94) and another School Board parcel on the reserved list (Unit 42, Tract 1) for two 1611 81 �� "' parcels on the reserved list designated Future Marketability (Unit 78, Tract 136 and Unit 78, Tract 137). The School Board is interested in these two parcels as they are contiguous to each other. It was noted by the committee members that these two parcels also border future development. IN Public Comment /Other Discussion Member Linda Hartman asked, via Jason, if the Land Trust Committee meeting time could be changed to a starting of 6:OOpm instead of 7:OOpm. This time was not good for all the members. The time of 6:30 was suggested. Jason will check with the members regarding the time suggested. X Next Proposed Meeting Date — Monday, March 26, 2007 (7:00 p.m.) XI Adjournment ,Jeff asked for a motion to adjourn at 7:40 Steve made a motion to adjourn the meeting and Karen seconded the motion. Motion carried and all in favor. 1611 1' 1pg February 1, 2007 7:00 p.m. Fire Station 71 — Golden Gate Boulevard Committee Members Chairman: Charles ( "Skip ") VanGelder Vice - Chairman: Jeffrey Curl Member: Karen Acquard Member: Stephen Greenberg Member: Linda Hartman AGENDA Call to Order Chief Rita Greenberg - Funding request for Big Corkscrew Island & Fire Rescue District (update) School Board /Reserved Parcel Land Swap IV. Adjournment THURSDAY, FEBRUARY 1, 2007 FIRE STATION 71 100 -13th Street SW Golden Gate Estates i I� ,Tani ✓btaa — Interim Manager, Real Estate Services J,wan 53!w — Acquisition Agent, Real Estate Services ,e4tda Saieukh —Administrative Secretary, Real Estate Services Distribution: Letter from Chief Greenberg, Big Corkscrew Island Fire & Rescue District Chart for Future Marketability and School Board property. I Call to Order Me meeting came to order at 7:00 p.m. im 11 Chief Rita Greenberg — Funding request for Big Corkscrew Island & Fire District (update) Chief Greenberg attended this special meeting to present and discuss the letter regarding the Vehicle Upgrade for the members that were absent for the regular meeting which was held on .January 22, 2007. Chief Greenberg stated that due to the environmental emissions change requirements in diesel motors, the unit (2006 model) they intended on purchasing is no longer available and she was unsuccessful in locating an existing one. The next available unit will be a 2008 model, modified in accordance with the new emissions standards. With the above changes, there is an increased cost of $8,905 to purchase this unit. The revised trade -in estimate (was $7500, now $5500) reflects age, use and now non - compliance with the emissions standards. This gives a total difference of $10,905 from the original request for funds. Chief Greenberg is requesting that the committee amend the original agreement to reflect the increase in costs associated with this purchase. The original agreed amount to fund was $21,118, with the increase, the total amount would be $32,023 plus a $5,500 trade in allowance for a total vehicle upgrade cost of $37.523. The vehicle upgrade is as follows: 1 v 1 1 812 $21,118 original request 2006 model 8,905 increase in 2008 model 2,000 decrease from trade -in value, (from $7500 to $5500) 5.500 new trade -in value $37,523 Total unit cost of the vehicle New fund request is additional $10,905. Also, in the original agreement, the District had 18 months to purchase the unit. The District will not be able to make the deadline. Chief Greenberg is asking for an extension on the agreement and 18 months would be sufficient. The original request was signed June 20, 2006. Karen made a motion to amend the original agreement to reflect a maximum reimbursement of $32,023 to the Big Corkscrew Fire Rescue District for the purchase of the vehicle upgrade with a new trade -in value of $5,500 and that the time frame be extended to 18 months from the date of execution of the agreement by the BCC. Jeff seconded the motion. Steve Greenberg abstained. All in favor. III School Board/Reserved Parcel Land Swap This item dates back to the November 20, 2006 Land Trust Committee meeting. At that meeting, the Committee voted to allow the Transportation Department to purchase Unit 64 Tract 94 (folio 39899040006) for the purpose of the Oil Well Road expansion project. Upon further review of the property it was determined that this particular property was actually designated for the School Board on the Reserved List. The Real Estate Services Department had been in touch with Art Dobberstein at the School Board and discussed the possibility of swapping this parcel (Unit 64, Tract 94) with another parcel on the reserved list designated as future marketability. The School Board agreed to the land swap to allow Transportation to obtain this property, however, the School Board found two parcels that they were interested in and inquired into whether or not we could perform a two for two land swap. The issue of the two for two land swap was brought before the Land Trust Committee at the January 22, 2007 meeting. At this meeting, the Committee decided that they would need more information on the properties involved before they could make a decision. As a result, this item has been put on this agenda for today's special meeting. Jason Bires has prepared a chart highlighting the four parcels to be included with this land swap as well as providing a map to show the Committee the locations of the parcels. The two parcels that the School Board is interested in are Unit 78, Tract 136 (folio 40750680002) consisting of 4.64 acres and Unit 78, Tract 137 (folio 40750720001) consisting of 6.83 acres. In return, the School Board would give up Unit 64, Tract 94 (folio 39899040006) consisting of 5 acres, which is the parcel that the Transportation Department is interested in, and the second parcel is Unit 42, Tract 1 (folio 38840040001) consisting of 7.38 acres. The second parcel was recommended by the School Board. Prior to this evening's meeting, the Real Estate Services Department received a phone call from the Transportation Department. During this conversation, the Transportation Department representative advised Real Estate Services that they would also be interested in Unit 7, Tract 81 (folio 36915200008) consisting of 7.92 acres for the future Vanderbilt Beach Road expansion project. This parcel would be required at a later date. As a result of this new development, we presented the Committee with two scenarios for the land swap. In both scenarios the School Board would get parcels 40750680002 and 40750720001 and the School Board would give up parcel 39899040006. The different scenarios would involve the second parcel for the School Board to give up. The first scenario would have the School Board giving up parcel 38840040001 which was the original plan coming into tonight's meeting. 'The other scenario would have the School Board giving up parcel 36915200008 which is the new parcel that Transportation brought to our attention earlier in the day. 16 r 1 12 Given the fact that we were not made aware of this new development until shortly before tonight's meeting, we have not had an opportunity to present this option to the School Board. Given the situation and in the interest of saving time since our next meeting isn't scheduled until March, we requested that the Committee vote on both scenarios. After a brief discussion and review of the chart and map presented, the Committee decided to vote on both scenarios. Skip made a motion to accept both scenarios. The first scenario would be the School Board obtaining Unit 78, Tract 136 (folio 40750680002) and Unit 78, Tract 137 (folio 40750720001) and in return, the School Board would relinquish Unit 64, Tract 94 (folio 39899040006) and Unit 42, Tract 1 (folio 38840040001). The second scenario has the School Board obtaining Unit 78, Tract 136 (folio 40750680002) and Unit 78, Tract 137 (folio 40750720001) and in return, the School Board would relinquish Unit 64, Tract 94 (folio 39899040006) and Unit 7, Tract 81 (folio 36915200008). The motion to accept both scenarios was seconded by Jeff. Ali in favor. IV Other Discussion Jason had emailed all of the committee members requesting their thoughts of starting the meetings at 6:30 p.m. They all accepted the new time. V Next Regular Meeting Date — Monday, March 26, 2007 (6:30 p.m.) VI Adjournment Skip asked for a motion to adjourn. Karen made a motion to adjourn the meeting and Steve seconded the motion. Motion carried and all in favor. Meeting was adjourned at 7:29. 1611 B 12 (VdwenNa& March 26, 2007 6:30 p.m. Fire Station 71 — Golden Gate Boulevard Committee Members Chairman: Charles ( "Skip ") VanGelder Vice - Chairman: Jeffrey Curl Member: Karen Acquard Member: Stephen Greenberg Member: Linda Hartman AGENDA I. Call to Order II. Approval of Minutes— January 22, 2007 & February I, 2007 Ill. Approval of Treasurer's Report Ending Cash Balance Available Cash Balance IV. Chief Rita Greenberg — Funding request for Big Corkscrew Island & Fire Rescue District (update) V. Request for Funds from Golden Gate Fire District (update) VI. Request for Land transfer from Parks & Recreation Department - 47+ acre parcel (update) VII. Redesignation of parcels for School Board VIII. Potential Amendment to 1983 Agreement with Avatar IX. Public Comment /Other Discussion X. Next Proposed Meeting Date — Monday, May 28, 2007 (Memorial Day) Rescheduled date will have to be discussed. XI. Adjournment ametimn eu4powaou (GAC) Monday, March 26, 2007 Collier County Public Library - Estates Branch 1266 Golden Gate Blvd W Naples, FL 34120 Golden Gate Estates ros Ap / .rani Atau —Property Acquisition & Sales Manager, Real Estate Services J,wan 53iaei — Property Acquisition Specialist, Real Estate Services Distribution: Treasurer's Report Memo from County Attorney Heidi Ashton Call to Order fhe meeting came to order at 6:31 p.m. 11 Approval of Minutes — January 22, 2007 & February 1, 2007 A motion for approval of the minutes was made by Linda Hartman and a second to the motion was made by Karen Acquard. There was no further discussion and the minutes were approved unanimously. III Approval of Treasurer's Report .Jason stated that the Ending Cash Balance was $1,434,834.05 and the Available Cash Balance was $1,399,911.05. After the balances were announced there was a brief discussion regarding the details of the Treasurer's Report. Karen Acquard was inquiring as to whether or not the properties involved in the School Board swap were included in these figures. Real Estate Services confirmed that they were included. Karen followed up asking "even though they get it for nothing and it is reserved for them it is considered part of our assets ?" Real Estate Services stated that we would have to double check because when the evaluation was done it is believed that the park property had not been taken out yet because the evaluation is done once per year and last year it had to be done early so as a result it is believed that the land hadn't been transferred out fi-om Parks & Rec but that will have to be verified. The property that we 1611 y are holding for Golden Gate Fire District & School Board has not been transferred ye and afe etYnsidered part of the Land Trust assets. Once they are transferred and the evaluation is done this fall, if the properties have been transferred that value will come off of this figure. After the discussion a motion for approval was made by Jeff Curl and a second to the motion was made by Linda Hartman. The Treasurer's Report was approved unanimously. IV Chief Rita Greenberg - Funding request for Big Corkscrew Island Fire & Rescue District (update) There is nothing new to report at this time. V Request for funds from Golden Gate Fire District (update) There is nothing new to report at this time. VI Request for Land Transfer from Parks & Recreation Department - 47+ acre parcel (update) Hearings have been planned for the Planning Commission for the conditional use for the Randall Curve property from the site development plan which was mailed a few months ago. It can be changed but in order to get the process started the dates have been set to go before the Planning Commission and the Board of County Commissioners. The dates are in June and July. Jeff Curl mentioned that the Committee has the right to look at the site plan. Jeff Curl asked if it goes to public hearing, and the Committee requested a revision, would it have to go back through the Planning Commission and the County Commissioners. Staff will check with Project Manager Ron Hovell, but were previously advised that this is not set in stone, they just needed something to get the process started but for the final, we can request changes. There was a concern amongst the Committee members that if it gets to a certain point in the process then they would not be able to give their input. At this time there is no vote needed for this particular item VII Redesignation of parcels for School Board There is nothing new to report at this time. VIII Potential Amendment to 1983 Agreement with Avatar The School Board would like to use the parcels for something other than a school. One of the things that the School Board mentioned was affordable housing for teachers. This issue was a concern to the Committee members. A motion was made by Linda Hartman to not seek any amendment in the original 1983 Agreement that would allow for the use of property for work force or affordable housing. A second to the motion was made by Karen Acquard. The motion was passed with a three to one vote with Skip Van Gelder voting against. After the vote, Real Estate Services mentioned that the School Board can ask us to request a change through Avatar Properties that ultimately would have to go to the Board of County Commissioners with the Committee's opposition stated within the executive summary and also the letter to Avatar Properties. IX Public Comment /Other Discussion There was no public comment and no further discussion among the Committee X Next Proposed Meeting Date — Monday, May 28, 2007 @ 6:30 p.m. 1611 s 12 The next proposed meeting date is Monday, May 28, 2007 which happens to be Memorial Day. Due to the holiday, it was necessary to discuss rescheduling the meeting. After a brief discussion, it was determined that the next meeting date would be Monday, May 21, 2007. XI Adjournment A motion to adjourn this evening's meeting was made by Jeff Curl and a second to the motion was made by Linda Hartman. Adjournment was voted on unanimously. The meeting was adjourned at 7:00 p.m. May 21, 2007 6:30 p.m. Fire Station 71 — Golden Gate Boulevard Committee Members Chairman: Charles ( "Skip ") VanGelder Vice - Chairman: Jeffrey Curl Member: Karen Acquard Member: Stephen Greenberg Member: Linda Hartman AGENDA Call to Order 11, Approval of Minutes — March 26, 2007 III. Approval of Treasurer's Report Ending Cash Balance Available Cash Balance • IV. Chief Rita Greenberg — Funding request for Big Corkscrew Island & Fire Rescue District (update) V. Request for Funds from Golden Gate Fire District (update) VL Request for Land transfer from Parks & Recreation Department - 47+ acre parcel (update) -Susan Copeland with Q. Grady Minor VIL Cassie Pangaribuan and Barb Southwick would like to speak regarding building a Boundless playground at Corkscrew Elementary. VIII. Public Comment/Other Discussion IX. Next Proposed Meeting Date — Monday, July 23, 2007 @ 6:30 p.m. X. Adjournment Qmexlcan. empaxation (GAC) Monday, May 21, 2007 Golden Gate Estates Fire Station 71 100 13th St. 5W Naples, FL 34120 Golden Gate Estates jaaon Xiaes —Property Acquisition Specialist, Real Estate Services Distribution: Treasurer's Report All Kids Play Information Call to Order The meeting came to order at 6:31 p.m. 11 Approval of Minutes — March 26, 2007 The first order of business was the approval of the minutes from the March 26, 2007 Land Trust Committee Meeting. A motion to approve the minutes was made by Linda Hartman and a second to the motion was made by Karen Acquard. Chairman Skip Van Gelder then asked for further discussion regarding the minutes. There was no discussion. A vote was called and the minutes were approve unanimously. III Approval of Treasurer's Report The next item is the presentation of the Treasurer's Report. The ending cash balance is $1,420,876.68 and the available cash balance is $1,385,953.68. A motion to accept the Treasurer's Report was made by Karen Acquard and the second to the motion was made by Jeff Curl. Chairman Van Gelder called for a vote for approval of the Treasurer's Report. The Treasurer's Report was approved with a unanimous vote. 16il B 12 IV Chief Rita Greenberg - Funding request for Big Corkscrew Island Fire & Rescue District (update) At this time the Agreement is at the County Attorney's office awaiting approval. Upon the Agreement being returned to Real Estate Services, the Agreement will be sent to Chief Greenberg for her signature and then set up for a Board of County Commissioners meeting. V Request for funds from Golden Gate Fire District (update) There is no update at this time. VI Request for Land Transfer from Parks & Recreation Department - 47+ acre parcel (update) There will not be a swap between the County and the School Board. The two entities could not agree on price or access. Transportation will be purchasing the entire 47 +/- acres. Heidi Williams from Q. Grady Minor and Ron Hovell from Collier County were in attendance to speak on this issue. Ron stated that up until recently we had been under the guidance that the 47 acres would be transferred from Parks and Rec to a combination of Transportation and the School Board in exchange for land in the general vicinity of the Orange Tree PUD and that Parks and Rec would still end up with the same amount of acreage, it would just be in a different location. That is still the basic concept, the only difference is that instead of the 47 acres being a combination between Transportation and the School District, it looks we're not going to be able to work it out with the School District so Transportation is talking about making sole use of it but still working it out with Parks and Rec to provide an equivalent amount of property near the Orange Tree PUD. Ron stated that he spoke to Toni Mott this morning and he asked if the land was already transferred from this trust to Parks and Rec and he thought it was. Regarding the minutes from last months meeting, there were some issues of concern. Ron stated that Heidi Williams can get into some of the specifics of how we will go to a conditional use process to make use of the land. Conditional use contemplates joint use by the School District and the County and since that is not the case we really can't go forward with the public hearings that were initially scheduled for June and July. Heidi Williams from Q. Grady Minor presented to the Committee their Conceptual Plan but everything on the plan for School Board use would not be in this location. They did apply to Collier County Zoning for Conditional Use approval. Once County staff has reviewed the uses, plan, buffers and everything shown on the visual presented to the Committee they will make the recommendation to the Collier County Planning Commission and then the Planning Commission will have a public hearing and ultimately make a recommendation to the Board of County Commissioners. One of the other steps that is required is a neighborhood information meeting that has not been held because they do not feel that they have a plan that is final and they also need to be able to respond to a few items that staff has commented on already. Heidi then explained the visual aids to the Committee. Ileidi stated that the core of the project will remain the same, they're required to have a large amount of native preservation and they do intend to have at least 100 feet of buffering to minimize impact. There will be a combination of walls and other types of barriers to minimize as much as possible the impact to neighbors. The site is located on a six lane road and it is across from a suburban style medium density residential subdivision. It is a little bit of a transition, they've tried to be sensitive to the surrounding uses. Jeff Curl stated that before discussion even starts, just as a point of disclosure, Jeff stated that he works at the firm (Q. Grady Minor). He has not worked with Heidi or Ron Novell with the development of the plan, this is the first time that he has seen it. Given his relationship with the firm assigned to the project he will be abstaining from voting on this issue. i 612 Jeff inquired as to why the buffer doesn't extend to the adjacent residential use. Heidi said that was because that particular location is a required preserve, generally environmental staff wishes that there not be a wall separating their native habitat from other neighboring properties that may have similar habitat. If a wall is found to be necessary it will have to be on the inside of the property so it didn't separate the preserve from the neighboring property. That could actually help because it could stop the noise before it traveled out from there. A lot of the uses shown are storage of materials, maintenance materials. Instead of having them on County Bard Road and have to be trucked out to the Estates causing the traffic of bringing the materials, they'll bring it to this central site and then take it shorter trips to where maintenance is required to serve the more rural part of Collier County. Skip Van Gelder had an inquiry for Ron Hovell regarding the original point of the Committee's recommendation to the Board of Commissioners to transfer this property to Parks and Rec so they could use it in a swap situation with the Schools to be able to gather the land together to create a large park on Oil Well Road up to the Fairgrounds. Skip asked how Transportation taking over this property going to be able to accomplish that. Ron Hovell stated that much like the original concept where it was a combination of Transportation and the School Board, Transportation can still provide the acreage in the same vicinity as the School Board property, probably adjacent to it, just not the School Board property. The point that seems to have lead to the abandonment of that concept was that the School Board would not provide access to the land that they wanted to swap with the County. Parks would end up with property that they could not access. Skip asked how Transportation was going to be able to provide access. Ron stated that the land that Transportation would provide would be contiguous with other County properties up along Immokalee Road. Ron stated that as far as access down to Oil Well Road, he was not sure how, if or when that will be able to become a viable option. That is something that Transportation is planning to look at but he is not familiar with that side of it. Karen stated that she would like to know what is going to happen with Parks and Rec because the entire purpose was to have the park. She doesn't want to see Transportation get the property and there still not be a park out there. Ron replied that the plan is still for Transportation to provide the 47 acres on the other side of the road but it will be the whole 47 acres instead of half and the School Board providing 20- 25 acres. The School Board property has fallen out because they would not provide general public access. Skip stated that his understanding of the Committee's recommendation to the Board of County Commissioners was that this is all conditional upon being able to make the park. Until that happens Skip doesn't think that they will get anybody on the Committee to sign off on it. Skip stated that this doesn't look a whole lot different from the plans that they have seen before with the exception of some name changes. Skip said that he wouldn't be adverse to it as long as we end up where we want to be. Ron suggested that maybe for a future meeting, although this parcel is the one that was initially transferred to the County, maybe the real interest is seeing the parks plans. Basically, this was going to be a park. Skip stated that it just made more sense to combine it with the other properties over by the schools to be able to make one large multi -use park. Skip stated that this initially sounded like a "wonderful idea" and now it doesn't seem like a wonderful idea anymore. Skip stated that the Committee needs a little more reassurance. Linda Hartman asked if the Committee needs to say that they are not in favor of this. Skip said no because they are just providing information. Ron will get with Jason and Toni from Real Estate Services about getting Parks to make a presentation at the July Land Trust Meeting. Skip stated that would be a good idea. 16 8 12 VII Presentation regarding boundless playground at Corkscrew Elementary. There were several people in the audience for this item, they are as follows: Beth Overhault - Secretary of the All Kids Play (AKP) Foundation Hugh Casey - Asst. Principal, Corkscrew Elementary Cassie Pangaribuan - Chair - AKP Barb Southwick - Treasurer - AKP Laurie Edgeman - Vice -Chair of Marketing - AKP Susan Joslowski - Vice -Chair - AKP Carrie Perk - Playmore Jason Bires received a FedEx on Friday, May 18, 2007 with materials pertaining to the presentation. Jason Bires handed out the materials to the Committee members. The presenters also provided more visual materials for the Committee members. Barb Southwick presented a Power Point presentation to the Committee members. The presentation provided information pertaining to the needs for the boundless playground. Barb continued the presentation by explaining the background of the All Kids Play Foundation. She also talked about how the students at Corkscrew Elementary raised money in a penny drive in which the kids raised approximately 1,264 pounds of pennies which came out to about $4,500. After the presentation Beth asked for questions from the Committee. Linda Hartman asked where the nearest boundless playground to Collier County. The AKP Foundation stated that closest one was on the other coast and one is St. Petersburg. This would be the only boundless playground in Southwest Florida. There is a difference between boundless and accessible. Accessible means can get through it and they would have mulch down. A boundless playground has a rubber type surface which is easier to navigate. A boundless playground is basically a playground that can be accessed by children even if they use walkers, wheelchairs, etc. Linda asked if this is the only one they want to build. They do want to build others but Karen stated that the only one that the Committee could consider is one that would service Golden Gate Estates. At this point Jason Bires advised the Committee that during our research of the Corkscrew Elementary property and our discussions with the School Board, it was determined that Corkscrew Elementary School technically falls under the Orange Tree PUD and is not part of Golden Gate Estates. As a result, an amendment to the original agreement would have to be made to allow for this playground. Jason Bires stated that we did confirm this with the County Attorney this morning. This was met with opposition from the Committee. Skip stated that he knows that the Committee has provided funds for playground equipment out there in the past. Karen stated that when they supplied things for Golden Gate Fire District, who services Golden Gate City and Golden Gate Estates it was still permissible because it services the residents of Golden Gate Estates. Jason Bires stated that he brought up that point in the meeting with the County Attorney and was advised that the way the Agreement stands, an amendment would be required, however Real Estate Services can talk to the County Attorney again but as it stands now, the Agreement would require an amendment. Karen then suggested that Real Estate Services go to Mr. Weigel. Skip asked about the budget for the project and the AKP group advised that the budget was in the packet that was given to the Committee. Skip asked if they have been in contact with Parks and Rec or the School District. Hugh Casey, Assistant Principal for Corkscrew Elementary was in attendance at the meeting. Mr. Casey stated that he has been in contact with the School District. He stated that the School District was in favor of the project. The Committee has provided funding for Corkscrew Elementary before. Skip requested that Real Estate Services provide recordings from the previous meeting discussing this at the next Land Trust meeting. The Committee requested that the All Kids Play Foundation put together a site plan to bring to the next Land Trust Committee meeting in July. The members of the foundation were agreeable and said they 3 � would be happy to provide a site plan and also to attend the next meeting. Jason�Biils accred phone numbers and email addresses from members of the group in addition to Cassie Panagaribuan. Jason stated that he would keep in touch with Cassie and the other members to keep them up to speed and advise them of the next Land Trust meeting. Vlll Public Comments /Other Discussion 'there was no further public comments or other discussion for the good of the Committee. IX Next Proposed Meeting Date - Monday, July 23, 2007 @ 6:30 X Adjournment Being that there was no further business to discuss for the good of the GAC Land Trust Committee the meeting was adjourned with a unanimous vote at 7:20 p.m. July 23, 2007 6:30 p.m. Fire Station 71 — Golden Gate Boulevard Committee Members Chairman: Charles ( "Skip ") VanGelder Vice - Chairman: Jeffrey Curl Member: Karen Acquard Member: Stephen Greenberg Member: Linda Hartman AGENDA I. Call to Order II. Approval of Minutes — May 21, 2007 III. Approval of Treasurer's Report Ending Cash Balance Available Cash Balance 1611 12 IV. Chief Rita Greenberg — Funding request for Big Corkscrew Island & Fire Rescue District (update) V. Request for Funds from Golden Gate Fire District (update) VI. Request for Land transfer from Parks & Recreation Department - 47+ acre parcel (update) *Amanda Townsend VII. All Kids Play Foundation - Boundless Playground -- Site Plan VIII. 1983 Agreement- Public School Uses IX. Public Comment /Other Discussion X. Next Proposed Meeting Date — Monday, September 24, 2007 @ 6:30 p.m. XI. Adjournment 1611 B qug Qmvdma eon wwwon (GAC) Monday, July 23, 2007 Golden Gate Estates Fire Station 71 100 13th St. SW Naples, FL 34120 Golden Gate Estates Ii• Ii Ii• v v . jcoan RWwe — Property Acquisition Specialist, Real Estate Services garb ✓Matt - Property Acquisition and Sales Manager Distribution: Treasurer's Report Memo from Heidi Ashton regarding Orangetree PUD Memo from Heidi Ashton regarding the 1983 agreement Email dated June 11, 2007 regarding Unit 14, Tract 127, Golden Gate Estates I Call to Order This meeting of the GAC Land Trust Committee was called to order at 6:34 p.m. Approval of Minutes — May 21, 2007 Skip asked if everyone had an opportunity to review the minutes from the previous meeting as presented and if anyone had any changes. Hearing none, a motion for approval was made by Linda Hartman and a second was made by Jeff Curl. There was no further discussion and the minutes were approved unanimously. III Approval of Treasurer's Report The next order of business is the presentation of the Treasurer's Report. Jason Bires presented the figures for the Treasurer's Report as follows; The ending cash balance was $1,427,655.98 and the available cash balance was $1,392,732.98. Skip asked if we were going to have updates on the Golden Gate Fire District and the Big Corkscrew Island Fire and Rescue District, Jason Bires informed Skip that we do have an update on those items. A motion for approval of the Treasurer's Report was made by Karen Acquard and a second to the motion was made by Linda Hartman. Skip asked if there was any discussion. At this point a question was raised about the $9.99 operating costs. Toni Mott advised the committee that it was probably postage. After discussion, the motion was approved unanimously. 16;1 B1 IV Chief Rita Greenberg - Funding request for Big Corkscrew Island Fire & Rescue District (update) The invoice has been received by Real Estate Services and RES is currently awaiting the executed amendment from the fire district and the letter of no objection from Avatar to process for the September 11, 2007 BCC meeting. Skip asked if this was for the upgrade on the vehicle, Jason Bires stated that it was. Toni Mott stated that we had approval from the original agreement and that it was necessary to do an amendment for the additional cost, which the committee also approved. We had to go back to Avatar and the fire district and have them approve the amendment. There was no further discussion on this item. V Request for funds from Golden Gate Fire District (update) The invoice has been received in the amount of $2,731.00, Real Estate Services will process for reimbursement. There was no further discussion in regard to this item. VI Request for Land Transfer from Parks & Recreation Department - 47+ acre parcel (update) Amanda Townsend from Collier County Public Services Division made a presentation to the committee to try to clear up the confusion about how the land swap is taking place. Amanda had a visual aid which was the conceptual site plan for the Big Corkscrew Island Regional Park. Parks and Recreation, Public Services Division has worked out a trade with the Public Utilities Division for more acreage (63 acres). The visual aid showed the park's location in relation to the proposed water treatment facility and the Collier County Fairgrounds as well as the location in relation to Palmetto Ridge High School and Corkscrew Middle and Elementary School. There is a 90 acre lake on the property that will be coming to the County that will give water access in the park, the park will also contain a disc golf course as well as several tennis, basketball and raquetball courts and soccer fields, a dog park area, playground, community center and parking infrastructure, maintenance and pathways all the way around the park. After Amanda's presentation the floor was open to discussion. Karen asked about access roads to the park. Amanda stated that the access road will be coming in when the infrastructure for the water treatment facility comes in, the park cannot be built until the water treatment facility is built because there will be underground pipes and infrastructure beneath the park. The Public Services Parks and Rec Division is piggy backing with the Public Utilities Division and the park cannot be built until the water treatment facility is constructed. Advanced access is not an issue. Public Services is working on a slight redesign that will have vehicular access which will include building a culvert over the Bollt canal to provide access and parking to stove pipe parcel. Public Services is still in communication with the School District and they are still working on vehicular access to the south. Skip asked how far the left hand border of the park was from Immokalee Road. Amanda stated that it was the width of the Fairgrounds property. Karen asked how large the playground is and what are they going to have. Amanda stated that a rough estimate is that it will be approximately a 10,000 square foot playground. The detail and design of the playground has not been done yet. It will be comparable to Golden Gate Community Park. The concern with the access is the residential neighborhoods surrounding the park property. Amanda stated that a primary entrance to a park this size and capacity should not be located off of a residential street. The committee was satisfied with the overall presentation by Amanda and stated that access was the only main concern at this time. I'here were no further questions or discussion at this point. VII Presentation regarding boundless playground at Corkscrew Elementary. 'I he next item on the agenda was the boundless playground. Each committee member was given a copy of the memo from Heidi Ashton which confirms what was stated at the previous meeting, that the school where the playground is proposed does in fact fall under the Orangetree PUD and as a result the agreement, as it stands now does not allow for the committee to allow for funding. Heidi's memo recommends an amendment to the agreement between Avatar Properties and Collier County. After reviewing the memo, discussion was had regarding the situation. Toni Mott stated that in the past that we have obtained reverters and releases from Avatar Properties in which Avatar was agreeable to releasing and remissing some of the requirements in the agreement. That would be an option if the committee is in favor. Real Estate Services can approach Avatar to see if they would be agreeable to allowing a reverter or release but RES would need the committee's direction to move forward with that option. It was also noted by Toni that Avatar may not be in favor of amending the agreement but we can certainly approach 1 them on the issue. Jeff Curl asked about the location of the boundary of the Orangetree PUD. At this time Real Estate Services showed the committee a map of the estates which showed the location of the Orangetree PUD and its location within the estates. On the map, it is clearly visible that the Orangetree PUD is bordered on all 4 sides by the estates, which means that the Orangetree PUD cannot be accessed without going through Golden Gate Estates. Jeff questioned how the Orangetree PUD could not be considered part of the estates since it is surrounded and he stated that that was his main question for the County Attorney. Toni explained that due to the short notice from RES, Heidi was not able to make it to the meeting. However, Heidi did state to RES that while she agrees that this will serve the area and the residents of Golden Gate Estates, the Orangetree PUD was cut out of the estates. At this point, Skip stated that the access was a moot point at this time. If the committee is going to proceed, they have to assume that they are going to be able to present to Avatar a request to waive some of the verbage in the agreement to allow this kind of a committment. At this point, Real Estate Services brought up a question that had come to light since the last meeting regarding access to the park during non school hours. We received some information stating that the school property was locked after school hours and we asked the playground committee if this was in fact the case or if the playground would be accessible in the evening and on weekends. The All Kids Play representatives stated that the playground would in fact be accessible during the evenings and on weekends and not just during school hours. At this point, Skip began a discussion on a possible motion on this issue. Skip stated that if the committee decides to make a motion to provide any kind of funding it can include requesting Avatar's opinion. No motion was made at this time. Real Estate Services will contact Avatar regarding a release and reverter to allow the committee to provide funding for the playground. At this point the representatives from the All Kids Play foundation presented a site plan for the project as well as an equipment layout. A question was brought up about the cost of the project. The committee requested that the All Kids Play group come to our next meeting and asked that they provide a final cost for the entire project, approval from the school board and how much money has been raised for the playground thus far. The All Kids Play foundation was agreeable and stated that they would be in attendance at the next meeting. The committee informed the All Kids Play foundation that they could not completely fund any project although they have provided seed money for several projects. Vlll. 1983 Agreement - Public School Use The next item is regarding the original 1983 agreement and public school use. The committee members were given a memo from Heidi in which she is revising her previous opinion on the matter. According to Heidi's memo, the opinion of the attorney is that public school buses and barns are part of the public school system and should be allowed. This item was brought to the committee at the March 26, 2007 meeting where the school had requested permission to do a bus barn and affordable housing which the committee was not in favor of approving the affordable housing as an ancillary use. The school board is looking for a response because it was not approved by the committee. The school board in turn contacted the County Attorney's Office to ask them about ancillary uses. Heidi looked at the agreement again and she said that transportation or maintenance facilities falls into the guidelines of ancillary uses. We were asked to bring this back to the committee for the committee to decide if they want us to include verbiage in the deed that would allow ancillary uses to include transportation facilities or maintenance facilities, excluding affordable housing. The committee then discussed the verbiage to be included. Skip stated that the committee will probably never approve the construction of affordable housing but ancillary uses can be decided on a case by case basis. The committee made a motion to direct Real Estate Services to inform Collier County School Board that the committee will maintain oversight of all properties held in reserve for the school board and will require specific information as to usage that the school board wishes to make of those properties prior to recommendation of transfer on a case by case basis. The motion was made and seconded. The motion was approved unanimously. ►X. Public Comments /Other Discussion Real Estate Services presented an item pertaining to the right of entry of the test well site at Unit 14, Tract 127 in Golden Gate Estates. The committee approved this item on January 24, 2005. The item was approved by the BCC on July 26, 2005 and will expire on July 26, 2007. RES provided the committee members with an email pertaining to this issue. X. Next Proposed Meeting Date - Monday, September 24, 2007 @ 6:30 XI. Adjournment Having no other business for the GAC Land Trust Committee, a motion and a second was made for adjournment. The motion was approved unanimously. The meeting was adjourned at 7:28 p.m. 16 11 13 0 4; T September 19, 2007 MINUTES OF THE MEETING OF THE PARKS AND RECREATION ADVISORY BOARD Naples, Florida, September 19, 2007 2007 LET IT BE REMEMBERED, that the Parks and Recreation Advisory Board, in and for the County of Collier, having conducted business herein, met on this date at 2:00 P.M., at the North Collier Regional Park in the Administration Building in Naples, Florida, with the following members present: STAFF PRESENT: Misc. Corres: Date: Item #:.,.__.._ -oo,es to CHAIRMAN: John P. Ribes (excused) Vice Chairman: Edward "Ski" Olesky Frank Donohue Barbara Buehler (excused) Timothy Toole (excused) Kerry Geroy Bart Zino Misc. Corres: Barry Williams - Director, Parks & Recreattop ` 2J D Amanda Townsend — Public Services Date 11 MurdoSmith — ParksandRecreation item #: I��T Tony Ruberto - Sr. Project Manager �:�-.�c Tona Nelson - Sr. Administrative Ass tCopies to Fiala Halas 1 Henning_ Coyle — Goletta 161 R1 eptember 19, 21567 I. Call to Order The meeting was called to order at 2:01 P.M. by Vice Chairman Edward Olesky and a quorum was established II. Pledge of Allegiance and Invocation Pledge of Allegiance and Invocation was given by Ms. Townsend III. Approval of Agenda Mr. Zino moved to approve the agenda. Second by Mr. Donahue. Carried unanimously 4 -0. IV. Approval of August 15, 2007 Meeting Minutes Ms. Geroy moved to approve the minutes as amended of the August 15, 2007. Second by Mr. Zino. Corrections: Page 05; item XI — Public Comments line #2 to read, "Weekend passes for two /three day water park events might increase" Item V, New Business, 2, Fee Policy Changes- Mr. Donahue questioned whether the diesel prices included sales tax. Mr. Smith stated it did include tax, but will verify this. Carried unanimously 4 -0. V. New Business 1. Directors Highlights Mr. Williams reviewed the following highlights • Parks and Recreation sponsorship of the United Way walkathon on September 29, 2007. The Child Safety Fair on October 13, 2007 has been relocated from Veterans Community Park to North Collier Regional Park. Veterans Park Salute will occur on November 11, 2007. 2. Resignation letter of Tim Toole — Barry Williams Mr. Williams presented Mr. Toole's resignation letter from the Parks and Recreation Advisory Board. 3. Discussion on Power Boat Series Racing to Use Sudgen Park - Bill Hague and Mike Scheifer Mr. Hague appeared before the Board to discuss the feasibility of hosting a Champ Boat Series weekend event at Sudgen Park. He provided a detailed handout and stated that the event would require use of the Park from Thursday through Sunday and requested the Boards input on issues and possible dates for such an event. He noted that it would provide tourist and recreation dollars for the local economy in terms of room rentals, dining, shopping, etc. as well as benefiting local charities 1611 913 September 19, 2007 through donations. This would be a nationally televised event bringing publicity to the Naples area. The following points were discussed: • The timing of the event would be best for a weekend from May — November and non competitive with other events such as Swamp Buggy • Insurance concerns • Noise concerns and complaints from neighbors • Speeds of boats /safety and the suitability of the lake • Compatibility within the Land Management Plan and the requirement of possible amendments to allow the event • Parking constraints at the Park • Types of sponsorship allowed at the Park (i.e. Budweiser) • Concerns regarding the Florida Community Trust stipulations for the facility Mr. Hague addressed the concerns: • They would not want to compete with other events in the area • The event is self insured • The event is only a couple hours a day and the practice sessions could be eliminated to help control noise. • The lake is a perfect site for this event with the stadium seating and size of the lake. Speeds of approximately 60 mph • A possible shuttle service for parking Mr. Zino moved to direct staff to continue to work with Mr. Hague and explore the feasibility of hosting such an event at Sudgen Park. Second by Ms. Geroy. Carried unanimously 4 -0. A copy of the Sudgen Park lease requirements and related information for hosting events at the site will be forwarded by staff to Mr. Hague. - o " tAPetrWO Ara pj9ev56 O-r AffWiap O toXl -c7 'FAWAb M'T&. 4. Golden Gate American Little League at Max Hasse Park— Christa Carrera and Lee Gariepy Christa Carrera and Lee Gariepy appeared before the Board to discuss to request the following: County to install a new outfield fence at the park. They explained new Little League requirements have moved the depth of the outfield from 200 feet to 225 feet. The fence would also act as a "boundary" to help separate the fields from other fields during games. The fence could be easily removed for maintenance as it is made of plastic netting, with sleeves in the ground for the posts. The sleeves can be capped when the fence is not in use. The fence would cost approximately $1000. Permission for advertising on the fence or other areas A chalk cart for lining the field between games. September 19, 2007 The following points were discussed • The County has allowed temporary advertising banners and signs in the past and will continue to investigate the use of these as well as plaques as revenue generators. • The chalk lining is completed at individual fields before each game by the County; the cost of each individual cart is $600 • Little League would be willing to purchase the fence and seek re- imbursement at a later date. Mr. Zino moved that the County purchase and have the fence installed prior to the start of the 2008 season. Without a second the motion was not considered. Mr. Donahue moved to allow Collier County Little League to purchase the fence and have it installed by the County. Second by Ms. Geros. Carried unanimously 4 -0. Mr. Williams noted that the BCC is investigating the feasibility of a Little League Complex for Collier County and like to meet and discuss this with Collier County Little League. Break 3:18 P.M. Reconvene 3:25 P.M. VI. Old Business 2007 Annual Update Inventory Report — Amanda Townsend Ms. Townsend appeared before the Board and presented a copy of the 2007Annual Update Inventory Report. It is an annual assessment of the capital plans and whether levels of service may continue to be provided. In summary the County will be able to continue to provide the levels of service that were adopted. VII. Capital Project Highlight — Tony Roberto Mr. Ruberto presented a copy of the Collier County Parks and Recreation Capital Projects Update, dated September, 2007. He noted following projects: • East Naples Soccer Field Expansion construction quotes are more than anticipated and need to be re- evaluated. • Manatee Park Master Plan is being reviewed by staff • Margood - Neighborhood Park Site Plan has been approved for Temporary site use for designated areas • North Naples Elementary School Lighting Project — Waiting for School /County Interlocal Agreement • Oakes Neighborhood Park SFWMD has issued permit. Waiting for CDES approvals. • Golden Gate Community Park: Irrigation Modification — Contractor initiated work on August 1, 2007. Work is 40% complete. 1611 8 13 September 19, 2007 VIII. Recreation Highlight — Nancy Olsen Ms. Olsen appeared before the Board to report the Famfest event with a theme of Pirate Adventure held on September 15, 2007 was a success. IX. Informational Items Attendance Report - Submitted to Board. No discussion BCC recaps - None Recreation Activities Submitted to Board. No discussion Adopt a Park Assignments - Submitted to Board. No discussion Meeting Schedule - Submitted to Board. No discussion X. Adopt Park — Bart Zino Mr. Zino reported the following • Tigertail was pristine. Caxambas was in good condition So. Marco Access looked in good condition but there is vandalism in the bathroom and the baby changing station needs replacing. XI. Public Comments Donna Fialla reported that a citizen complained that he was playing basketball under the lights at a Golden Gate Park and a Police Officer notified him that the activities had to cease at sunset. Mr. Williams responded this is incorrect and the Parks are either open 9:00 A.M. to 9:00 P.M. or 8 A.M. or 10 P.M. depending on the Park and will provide the hours to the Golden Gate substation. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:05 PM. COLLIER COUNTY PARKS & RECREATION ADVISORY BOARD These Minutes approved by the Board /Committee on 206,1- as presented or as amended . A. A C. D. E. F. Misc. Corres: Date. item #:- ;;caies to 6 11 IRF..�j- -�`r ' f�_ � - R i ' H07 o ,. September 26, 2007 :oard <,f Cmw:Q: �o[nmissloriers 8:30am Career and Service Center of Collier County - Immokalee 750 South 5 1 Street Fiala Immokalee, Florida, 34142 Halas Henn MINUTES CoylE Colet Immokalee Local Redevelopment Advisory Board and Immokalee Master Plan and Visioning Committee Call to Order. The meeting was called to order by CRA Advisory Board Chairman Fred N. Thomas, Jr. at 8:40am. Roll Call and Announcement of a Quorum 1. CRA Advisory Board members present were Fred N. Thomas, Jr., Rick Heers, Floyd Crews, Bernardo Barnhart, Bob Soter, Carol Sykora, Ira Malamut, Denise Blanton, and Julio Estremera. Excused were Ana Salazar, Robert Halman, Richard Rice, and Eva Deyo. A quorum of 10 of the 14 CRA Advisory Board members was announced. 2. Immokalee Master Plan and Visioning Committee members present were Raymond Holland, Fred N. Thomas, Jr., Rick Heers, and Floyd Crews. Excused were Clarence S. Tears, Jr. Ski Olesky, Leo Rogers, William O'Neill. There was not a quorum of the IMPVC. Others present included Ken Mayo of Human Resources Department, Robert Grassi, Thais Kuoman, and Thomas E. Greenwood. Adoption of Agenda The agenda was adopted by acclamation, upon motion by Mr. Heers and second by Mr. Crews, with an item added under "Communications" regarding a September 26 memo of understanding for Comprehensive Planning Department monthly billings to the Immokalee CRA for services rendered. Approval of Minutes There were no minutes to approve. Communications A letter dated September 26, 2007, addressed from Thomas Greenwood of the Comprehensive Planning Department staff to the CRA Advisory Board regarding Comprehensive Planning Department billings was reviewed and approved unanimously upon motion by Mr. Crews and second by Mr. Estremera provided detailed monthly reports are presented. 1. Thomas Greenwood furnished those present with a copy of the standard Collier County application for employment for Penny Phillippi just received on September 25 as well as a draft Executive Summary and Employment Agreement approved as to form and legality by Scott Teach, assistant county attorney. Fred N. Thomas, Jr. stated that the candidates would like to reverse the order of the interviews such that Penny Phillippi would be interviewed first. Mr. Thomas then turned the chairing of the interviews over to Raymond Holland, Chair of the personnel selection committee. Mist. Cares: (1) 8:45am: Penny Phillippi (interview began at 8:50am) (2) 9:45am: Cynthia Godbey (interview began at 9: Item iY Copies to. 1611 g 14 Following all of the interviews and discussions concerning the merits of each candidate and after review of the draft Employment Agreement, the CRA Advisory Board took the following actions: Motion by: Ms. Blanton Seconded by: Mr. Malamut Moved that: The CRA Advisory Board Upon Vote: The motion passed recommend to the CRA that an employment unanimously. agreement by negotiated with Ms. Phillippi Motion bv: Ms. Blanton Moved that: the draft employment agreement be modified to include a residency requirement of the Executive Director to live in the Immokalee Enterprise Zone Area and other minor changes subject to legal approval Seconded bv: Mr. Davis Upon Vote: The motion passed unanimously. G. New Business Mr. Thomas stated that the Comprehensive Planning Department advised him that an addition policy needs to be added to the Draft IAMP which calls for the TAMP to act as the basis for an overlay district for Immokalee. Upon motion by Mr. Heers and a second by Mr. Crews, the CRA Advisory Board voted to instruct the Comprehensive Planning Department to include such a policy or language in the TAMP. H. Citizen Comments. None I. Next Meeting Date (September 19 at 8:30am) J. Adjournment The meeting was adjourned at 10:40am. Prepared by: Al2 ve \ ��n� Thomas Greenwoo'd Principal Planner Chair Comprehensive Planning Department CRA/EZDA/IMPVC Advisory Boards The next joint Advisory Board /EZDA/IMPVC meeting will be held October 17, 2007, at 8:30am at the Career and Service Center located at 750 South 5`h Street in Immokalee. " There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30pm at the Career and Service Center located at 750 South 5`" Street in Immokalee and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please call Ekna Guevera, Planning Technician, at 239 - 659 -5749 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Ekna Guevera, Planning Technician, at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local 2 16 11 B 1 Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. 1611 1g September 19, 2007 8:30am Career and Service Center of Collier County- hnmokalee 750 South 5h Street Immokalee, Florida, 34142 MINUTES Immokalee Master Plan and Visioning Committee A. Call to Order The meeting was called to order by Fred N. Thomas, Jr. at 8:35 am. B. Roll Call and Announcement of a Quorum Advisory Board/EZDA: Present: Fred Thomas, Floyd Crews, Richard Rice, Bob Soter, Ira Malamut, Denise Blanton, Eva Deyo, Julio Estremera, Robert Halman, RickHeers, Bernado Barnhart, and Caption Tom Davis. Absent/Excused:, Carol Sykora, Ana Salazar. A quorum was announced as being present. Immokalee Master Plan and Visioning Committee: Present: Edward (Ski) Olesky, Fred N. Thomas, Jr., Floyd Crews, Richard Rice, Clarence A. Tears, Jr., Rick Heers, and Raymond Holland. and Absent/Excused: William O'Neill and Leo F. Rogers. A quorum was declared. A copy of the September 7, 2007, letter from Essie Serrata to James Coletta, Chair of the Board of County Commissioners advising of her resignation from the IMPVC was distributed which indicated that she no longer qualifies as a member of the IMPVC as she has recently moved outside of Collier County. A quorum of the IMPVC was announced as being present. Others Present: Robert Grassi, Robert Staples, Brooke Gabrielson, Judy Miller, Judy Weeks, Carrie Williams, Lyn Topel, Lou Traina, and Thomas Greenwood of the Collier County Comprehensive Planning Department staff. C. Adoption of Agenda Motion by: Mr. Heers Moved that: Agenda be approved as distributed Second by: Mr. Rice Upon Vote: Motion carried unanimously D. Approval of Minutes of the August 15 and September 5, 2007 meetings Motion by: Mr. Rice Motion that: Minutes of August 15 be approved provided "$8 -$10 on page 2 be changed to "$8 -$10 million" Second by: Captain Davis Upon vote: Motion carried unanimously E. F 1611 B 14 Motion by: Ms. Deyo Moved that: Minutes of September 5 be approved as distributed Second bv: Mr. Rice Upon vote: Motion carried unanimously Communications (See communications folder at meeting) 1. Presentation by Lou Traina of Hodges University on Plans for Immokalee Campus (EDC request). Mr. Traina's comments included the following: • Will begin a maximum 80- student campus for the winter term in the 7,000 square foot (former Blueberry Restaurant) building located at "Jubilation" and expect to outgrow this campus site in the future; • Immokalee campus will complement their existing campuses in Naples and Fort Myers (approximately 2,000 total existing students) and will concentrate on transitioning area residents new to the United States to language and job opportunities; • About 100 Immokalee residents currently are enrolled in the Naples and Fort Meyers campuses; • Will offer master's degrees, Florida resident tuition is currently $425 /credit hour with grants available to assist with tuition; and • Approximately 25% to 30% of their students are from minority groups which is higher than that for state universities. 2. Presentation by Ms. Lynn Topel, Executive Director of the Florida Heartland Rural Economic Development Initiative Regarding Year -End Accomplishments (EDC request). Ms. Topel's comments included the following: • Immokalee has broadband connectivity which is critical for small business development; • The "Catalyst Project" in 2006 selected the Immokalee Airport site as 1 of 13 sites selected and focuses on the sciences and the site will be used to promote the development of businesses in the sciences for an Immokalee location; • The Rural Entrepreneurial Action Learning Program is a 10 -week $100 up front ($90 reimbursable after completion of the course) to teach persons and groups about starting a small business. This will be offered in 2008; and • Will be involved in the goal of increasing the number of businesses doing exporting in the region by 10% 3. Update on Florida Supreme Court Case requiring public referendum approval prior to issuance of issuance of TIF bonds. A copy of a newspaper article summarizing the effect of the 7 -0 vote of the Florida Supreme Court was distributed and discussed briefly. No action was taken. Old Business 1. CRA 2006 -00: Update on Immokalee Area Master Plan Process /LDC Update Process Thomas Greenwood provided the following update: • "round 2" reviews by the departments and divisions is complete and very few substantive changes were proposed; 2 1611 14. • All major planning maps have been changed from "In Design' software used by RMPK Group to the standard County GIS maps Color copies of these maps were distributed to the IMPVC and CRA advising them that the maps more legible and include the map changes approved during the August 15 meeting; • The October 24 workshop in Immokalee will not likely be able to be held on that date because October 24 is a "back -up" date for the Planning Commission to hold its public meeting regarding the mandatory Annual Update and Inventory Report; and • Comprehensive Planning 4- person team has not completed its review of the document with the "round 2" comments from the departments and divisions. The IMPVC and CRA Advisory Board asked that the process be completed as soon as possible. G. New Business 1. Review and Discussion of Ordinance No. 2004 -62 Regarding the Re- establishment of the Immokalee Master Plan and Visioning Committee. The IMPVC /CRA reviewed Ordinance No. 2004 -62, its accomplishments to date and concluded that not all of its tasks can be completed by the December 31, 2007, IMPVC termination. Motion bv: Mr. Crews Moved that: the IMPVC recommend to the Board of County Commissioners that its termination date be extended from December 31, 2007 to December 31, 2009, with the hope that the project can be completed sooner Second by: Mr. Heers Upon Vote; The motion carried unanimously 2. CRA 2007 -19: Discussion of the Possible need to develop a 5 -year schedule of capital improvements regarding the Immokalee Urban Designated Area. After discussion of the need to prepare a capital improvements plan for Immokalee for future use in development of annual work programs, possible inclusion in the support documents of the IAMP and the update to the Redevelopment Plan, and a way of moving projects in Immokalee that have county -wide significance, where appropriate and where funding sources are identified, into the annual update of the county- wide capital improvements element, the following actions were taken: Motion by: Ski Olesky of the IMPVC Moved that: The IMPVC recommend to the Board of County Commissioners that it approve the concept the preparation of a capital improvement plan for the Immokalee Urban Designated Area in order to allow the IMPVC to fulfill its recommendations relative the task C9 in Section Three of Ordinance No. 2004 -62 which created the IMPVC. Second bv: Mr. Tears Upon Vote: The motion was carried unanimously 3 16111:4 Motion bv: Mr. Rice Moved that: The CRA Advisory Board concur with the recommendation of the IMPVC and recommends that the CRA approve the concept of development of a capital improvements plan for the Immokalee Urban Designated Area with funding to come from Fund 186 entitled, "Immokalee Redevelopment ". Second by: Ms. Deyo Upon Vote: the motion carried unanimously 3. Resignation of Esmeralda Seratta from the IMPVC. Motion bv: Mr. Heers Moved that: the IMPVC accept Ms. Seratta's resignation Second by: Mr. Rice Upon Vote: the motion was carried unanimously. H. Citizen Comments. None I. Next Meeting Date (October 17, 2007 at 8:30am) J. Adjournment. Meeting was adjourned at 10:10am. MINUTES Immokalee Local Redevelopment Advisory Board A. Call to Order The meeting was called to order at 10:30am. B. Roll Call and Announcement of Ouorum Refer to joint meeting minutes above. C. Adoption of Agenda Refer to joint meeting minutes above. D. Approval of Minutes of the August 15 and September 5, 2007 meetings. Refer to joint meeting minutes above. E. Communications (see communications folder at meeting) F. Old Business 1. County Code Enforcement Monthly Highlights in Immokalee. It was reported that Ms.Sykora was unable to attend because of her husband's surgery today. After discussion, the following action was taken: Motion bv: Mr. Crews Moved that: Ms. Michelle Arnold, Director of the Code Enforcement Department be invited to attend the October 17 monthly meeting to address such questions as: • Current and proposed code enforcement staffing in Immokalee; • Code enforcement office needs in Immokalee; • Current major areas of code enforcement emphasis (i.e ... weeds, litter, cosmetic violations, signs, dangerous buildings, etc.); and • The best way to logistically provide a monthly code enforcement summary report specific to Immokalee 2. CRA 2006 -10: Redevelopment of the Farmer's Market It was reported that demolition is underway; construction is expected to begin late 2008 and complete in 2009 per the State project manager, "Craig" via a telephone call on September 14. Mr. Rice stated that the former "Patty's Market" 4 c Ca 5. 1611 R 1�, building, also on state property was destroyed by fire and needs to be demolished as well. Motion by: Mr. Rice Moved that: a letter be sent to the state advising them to demolish this building as well Second by: Mr. Estremera Upon vote: the motion carried unanimously Mr. Rice and Ms. Blanton were asked by Mr. Thomas to assist in preparing the letter. CRA 2006 -05• Status of SR 29 Bypass Project Mr. Thomas stated that the owners of the real estate are willing to provide the land for the right of way, even if the east portion of the proposed bypass were move closer in to developed Immokalee due to environmental concerns. CRA 2006 -12: East of 951 Infrastructure and Services Stud_ . Mr. Rice gave a report stating that discussions of the fire departments serving the east of 951 area and consolidation of departments was discussed with no action taken. Mr. Crews gave a brief update about the personnel and funding concerns relative to the Immokalee fire department, as he is a member of the volunteer board of directors. CRA 2007 -08• Set up of Immokalee CRA/EZDA/EDC /Chamber /Code Enforcement Office Set -Up b. Budget Report (FY 07 -08) A memo was distributed and discussed, together with the fact that the Executive Director will not likely be hired until about November. After further discussion, the following action was taken: Motion by: Mr. Rice Moved that: the Immokalee CRA budget for FY 2007 -2008 be amended through an administrative budget amendment to transfer $45,000 from the $130,000 budget line for "consultants" to create a line, "Comprehensive Planning.. general fund" so that funds are available to continue Comprehensive Planning services on a monthly billing basis until the Executive Director is hired and transition of activities has occurred. Second b_: Mr. Malamut Upon Vote: the motion was carried. c. Office Space. Report of Office Space Sub - committee. The CRA Advisory Board, after discussion, took the following action: Motion b_: Mr. Rice Moved that: the CRA Advisory Board notify Mr. James Coletta that it would like to access to the former "Weed and Seed" office space in the County's Alachua Street office building for temporary use for an office for the Executive Director and Administrative Assistant until such time that more suitable space becomes available. Second by: Eva Deyo Upon Vote: the motion carried unanimously. 5 d. Office Personnel. Executive Director Status. Mr. Greenwood stated that the only two applicants still interested in this position and wish to be interviewed would be available on the morning of September 26`" if the Advisory Board wishes to interview them. The resumes of Cynthia Godbey and Penny Phillippi were distributed for their early read ahead. Motion bv: Mr. Barnhart Moved that: a special session of the IMPVC and CRA advisory Board be held beginning at 8:30am on September 26 to interview Ms. Godbey and Ms. Phillippi and ask that Human Resources personnel be present if possible. Second by: Mr. Rice Upon Vote: the motion was carried unanimously e. Miscellaneous. None 6. Reports on CRA/BCC actions taken on Recommendations of the Advisory Board a. Weed and Seed $13,488 funding and FSU medical center funding at $250,000. Mr. Greenwood stated that the Weed and Seed Program has been paid in full (complete the end of September) and that the FSU $250,000 has been authorized for payment and that a site visit this morning indicates that "finishing touches" are all that remain with this project for use by FSU. 7. CRA 2007 -05• New Projects in the Immokalee Area • 2007- 05(C): Tradeport DRI South of Airport. No report other than it is proceeding. • 2007- 05(G): Family Dollar store (NW comer of Main at 2 "d Street, East. Current Planning staff has stated that the project is in its 2 "d review. • 2007- 05(H): Fiesta 3 (North Side of Boston between 2 "a and P Street). No further report. 8. CRA 2007 -10: Report on Progress to Select one or More Companies to Enter into 5 -year Master Agreement with Project Specific Payments for Work Actually Performed The CRA received a copy of the Executive Summary approved by the BCC on September 11 which names Summit Professionals and Guardian Management Resources, Inc. as contractors that can be used by the County for grant applications, administration and close out along with planning and land development code projects (Carter Burgess is affiliated with Gaurdian). No action was taken. 9. CRA 2007 -11: Sub - Committee Report Regarding Progress and Course of Action Regarding Community Development Block Grant (FEMA) "Wilma Disaster Recovery Program" to assist Low and Moderate Income Housing with Wind Loss Mitigation Work A meeting was held on August 24 with Macy Krumbine with the conclusion being is that they would file for the FEMA #2 funds as an amendment to their May 22 BCC approved FEMA round #1 contract and offer the funds first to those organizations which were approved by the county as recipients for the use of FEMA #1 M 161,E B 14 first and then the balance, if any, would be offered for use to the two CRA areas for uses provided for in the FEMA funding. G. New Business 1. CRA 2007 -15: Discussion of Draft Collier County Economic Incentive Policy Collier County Redevelopment Areas Not presented and continued to the October 17 meeting by acclamation. Mr. Greenwood stated that a meeting was set tentatively on September 26 with EDC and Bayshore Gateway Triangle staff to review the draft document. 2 CRA Workshop. Discussion of Bayshore /Gateway CRA workshop with the Community Redevelopment Agency this autumn to review its work program for FY 2007 -2008. The workshop date has not be set but Mr. Jackson stated that he will let Immokalee know when such a workshop is set so that Immokalee may participate. H. Citizen Comments. I. Next Meeting Date (October 17, 2007 at 8:30am) J. Adjournment Meeting was adjourned at 10:40am. MINUTES Enterprise Zone Development Agency A. Call to Order The meeting was called to order at 10:40am B Roll Call and Announcement of Quorum Refer to joint meeting minutes above. C. Adoption of Agenda Refer to joint meeting minutes above. D. Approval of Minutes of the August 15 and September 5, 2007 meetings. Refer to joint meeting minutes above. E. Communications (see communications folder at meeting) F. Old Business 1. Discussion of Web Page for Enterprise Zone Development Incentives and How to Better Communicate the Availability of these Incentives http://www.colliergov.net/Index.aspx?pace=l 596 2. Discussion of Printing of Incentives Brochure Brochure was not presented with continuation to October 17 meeting. G. New Business None H. Citizen Comments None L Next Meeting (October 17, 2007 at 8:30am) J. Adjournment The meeting was adjourned at 10:55am. Prepared by: A v Thomas Greenwood c-" / U 7 Fred N. Tlitfrrias ' Principal Planner Chair Comprehensive Planning Department CRA/EZDA/IMPVC Advisory Boards 1611 g 14 * The next joint Advisory Board/EZDA/IMPVC meeting will be held October 17, 2007, at 8:30am at the Career and Service Center located at 750 South 5th Street in Immokalee. ** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30pm at the Career and Service Center located at 750 South 5'h Street in Immokalee and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please call Ekna Guevera, Planning Technician, at 239 -659 -5749 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Ekna Guevera, Planning Technician, at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority: etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. 0 .� 1 6 rI ��t•.., I £r�� Fiala ° 1� ^ Halas i - �1^d�d- Henning Coyle �oletta PELICAN BAY SERVICES DIVISION Municipal Services Taxing and Benefit Unit NOTICE OF PUBLIC MEETING WEDNESDAY, OCTOBER 17, 2007 NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE CLAM BAY COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD AT HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON WEDNESDAY, OCTOBER 17, 2007 at 1O:OOAM 1. Roll Call 2. Approval of Minutes of the August 15, 2007 Meeting 3. Audience Participation 4. Discussion of ten -year Permit and Tomasko Report 5. Bubblers /Fish /Fountains for Aquatic Maintenance and Aesthetic Concerns 6. Audience Comments 7. Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE 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. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597 -1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. Pelican Bay — located in the County's District 2 Misc. Corres: Date, A t .611 815 CLAM BAY COMMITTEE MINUTES — August 15, 2007 Naples, Florida LET IT BE KNOWN, that the Clam Bay Committee of the Pelican Bay Services Division Board met in Regular Session on this date, August 15, 2007 at 10:00 A.M. at The Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. John Domenie, Chairman Mr. James Burke Ms. Annette Alvarez (Absent) Dr. Ted Raia (Absent) Mrs. Mary Anne Womble ALSO PRESENT: Four (4) members of the public; (1) member of the Pelican Bay Services Division Board; Mr. Gary McAlpin, Collier County Coastal Zone Management; Mr. Tim Hall, Turrell, Hall Associates, Inc.; Ms. Janice Lamed, District Offices, LLC.; Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary AGENDA 1. Roll Call 2. Approval of Minutes of the June 26, 2007 3. Audience Participation 4. Discussion of Possible Grants 5. Final Draft of Ten Year Permit by Turrell, Hall & Associates 6 Discussion of Restoration Credits 7. Bubblers —where and cost 8. Grass Carp — where and cost 9. Ron Pennington's letter to NON — sand on Clam Pass Park Beach 10. Use of Disclaimer 11. Audience Comments 12. Adjourn ROLL CALL Mr. Domenie called the meeting to order and asked that the record reflect all members present with the exception of Ms. Annette Alvarez and Dr. Raia with excused absences. APPROVAL OF MINUTES OF THE JUNE 26.2007 MEETING Mr. Burke moved seconded by Mrs . Womble and approved on a vote of" the Minutes of the June 26, 2007 Meeting as written. Mr. Domenie stated, "I have a question from Page 480 of the Minutes ". When talking about water quality samples, Mr. McAlpin has said that samples were taken in Lower Clam Bay, at the bridge and some at the northern end throughout the entire system. Mr. McAlpin has 497 Clam Bay Committee Meeting Auqust 15, 2007 1611 B1; indicated that information is not secret and is available to Mr. Lukasz, but I thought that when I asked, that information was not available. taken". Mr. Lukasz asked, "You mean the sampling that the County is doing "? Mr. Domenie replied, "Yes ". Mr. Lukasz replied, "No, they were giving me the locations where the samples were being Mr. Domenie stated, "I would also like to read into the record, a letter that we have received from Ms. Pamela Keyes with Collier County Coastal Zone Management that was addressed to Mr. Petty, Mr. Burke and me ". "The Coastal Zone Management Department would like to thank Kyle Lukasz and his staff for their cooperation in the use of the Carolina Skiff to take water quality samples over the last two months. As you are aware, the Clam Bay Sea Grass Study required the County to take a series of water quality samples throughout the Clam Bay Estuary. Utilization of the boat was instrumental in allowing researchers to access Clam Bay with ease and efficiency and made our life so much easier. We greatly appreciate your assistance in this matter." Mr. Domenie stated, "I would like to thank Mr. Lukasz for helping these people'. AUDIENCE PARTICIPATION There were no comments from the audience. DISCUSSION OF POSSIBLE GRANTS Mr. Petty stated, "At a previous meeting we had briefly discussed the possibility of utilizing grants in the future to expand our program in the Clam Bay System ". With additional reports, such as the Tomasko Report coming out, it may become important for us to find an outside funding source. We have located grant availability from NOAA. The application was being rushed since the tum -in date was August 22 "d. We fast tracked to make sure that we could look at it and one of the first things that we did was give it to Turrell, Hall & Associates, who reviewed it and came back with their recommendation. The program does seem to mirror what we are doing, but we need further information from NOAA on what they intend this program to be 498 Clam Bay Committee Meeting 1 6 1 1 1 August 15, 2007 over the next ten years, which is their approximate time line for this program. Turrell, Hall & Associates' recommendation is to gather information, see how well we can work with NOAH; see how well we can integrate with the system and then apply next year, since this is a multi -year grant system. Staff agrees that is probably the best way for us to go right now. Mr. Domenie asked, "In other words, we would ask for $250,000 to help manage the mangroves "? What would it be applied to? Mr. Petty replied, "Right now it appears that NOAA is setting up IOOS's which are Integrated Ocean Observation Stations ". They would tie into a regional system and then into a national system. Our understanding of how these various components fit together is why we would like to hold off for a year before we submit for any funding. We think that by gathering more information we may be able to get to one of the objectives, which is to validate what we are presently doing in the Clam Bay System. We are still looking for funding concerns; we still have that concern. We don't think that we have enough information to ask for money from this particular agency and do not know what strings there would be and whether we would fit in, but staff is currently looking at other funding sources for the future. Mr. Domenie asked, "When you say "we", the Pelican Bay Services Division, that would go through the County and could the County apply for other areas in the County also "? Mr. Petty replied, "We are only looking for the Pelican Bay needs ". If the needs mirror anything that the County is doing, we will be glad to cooperate and participate with them. Mr. Burke stated, "The Coastal Zone people are aware of NOAA and the grants, but have not applied for any". It is no problem with or the County Manager's Office for us to proceed with this. It is simply a matter of monitoring stations somewhere in the Clam Bay System ". Mr. Petty replied, "Yes, that is what we anticipate that they are looking for". Their goal is to look at the affects of pollution and other affects of man on coastal waters and that is exactly what we are looking at also. We hope to dove -tail with them in the future. Mr. Burke stated, "If we are going to put this off for a year, then we don't need to proceed with the County Manager's Office or the County Commission ". Mr. Petty replied, "That is staffs recommendation ". 499 Clam Bay Committee Meeting August 15, 2007 1611 B1r, FINAL DRAFT OF TEN YEAR PERMIT BY TURRELL. HALL 8, ASSOCIATES Mr. Hall stated, "Based on our last meeting and some of the changes that were suggested, we went through the permit and made the revisions ". The draft has been provided to the Clam Bay Committee, but has not been distributed to the full Board. Once I have your final comments I will make the recommended changes and get it to the full Board for their next regular meeting. I have also been provided with some suggestions by outside entities that have reviewed the application, as well. Mr. Domenie stated, "Why don't we start with your comments and then I will come down to specifics'. Mr. Hall stated, "One of the comments that I have gotten from Dr. Bauer with the City of Naples, is that he would like to have some kind of an Advisory Committee or more details on how information regarding the system would be disseminated to outside entities ". That was one thing that he said he would like to see added into the Management Plan. Mr. Burke asked, "Would that be on an on -going basis, down through the years "? Mr. Hall replied, "Correct'. Mr. Domenie asked, "Would this be in addition to our Clam Bay Committee Meetings where they can bring problems to our attention "? Mr. Hall replied, "Yes ". It appears as if they are looking for something else where they may be able to have a little more input, rather than five or ten minutes at one of our meetings. mind "? Mr. Domenie asked, "Do you think Dr. Bauer has informal meetings or open meetings Mr. Hall replied, "I believe what he was looking for was an Advisory Committee or a group that would meet with outside entities, apart from this Committee, that would review or air their concerns and that could then be presented to this Committee for consideration ". Mr. Burke stated, "Perhaps it would be built around the Annual Report because that is when the information is disseminated ". 500 Clam Bay Committee Meeting 16111 l 5 August 15, 2007 Mr. Hall replied, "That is when everything that has been collected through the course of the year has been compiled ". I have not clarified if he wants to be involved in monthly discussions or if it would be a biannual type meeting. Mr. Domenie asked, "Is Dr. Bauer asking for something to be included in our application "? Mr. Hall replied, "Dr. Bauer was asking for something to be included in the Management Plan that addressed that concern". Mr. Domenie asked, "Would that come under Education "? Mr. Hall replied, "I thought so ". I believe that it is section 7.9, Page 54. Mr. Petty stated, "I would like to go over how we currently disseminate information ". We have these advertised public meetings where the public is welcome to attend and speak and where there are audience comments both before and after the discussions. We are a government agency and as such, we have Government in the Sunshine and Public Records of all of our Minutes. We do near verbatim Minutes which provide a very good record of everything that occurs. All of these Minutes are on our website, along with all of the Turret[, Hall Reports. I think that we can disseminate information very well. What I am going to take from the suggestion that Mr. Hall has heard, is that they would like to participate in the decision making process, and I find that to be problematic. Mr. Domenie stated, "Exactly ". Mr. Petty continued, "Working with our other governmental entities within the Community is certainly something that we wish to do, but 1 don't know how we could integrate them into our system, which is funded through assessments". We can certainly work with them on a personal basis, such as staff or Board Members working with specific entities and making sure that their concerns are discussed, but I just don't know how we could put them into the system. Mr. Domenie stated, "I personally have a very good relationship with Dr. Bauer and we exchange information ". As you said, all of our meetings are open to the public. An Advisory Group would be just that and they would have to come back to us with anything. 501 1 MI5Clam Bay Committee Meeting 16 August 15, 2007 Mr. Burke stated, "I am not too sure that I read into this that Dr. Bauer wants to participate in the process". Mr. Petty stated, "Since we have so much dissemination, the only thing I can think of for putting something in the Permit would be if they desire to be part of the decision making process ". Mrs. Womble asked, "Wouldn't "advisory" be the word that indicates what they are realty asking for"? Mr. Burke stated, "If you think about it, the event is the Annual Report". Do we do anything in between such as quarterly? Mr. Hall replied, "We don't ". Mr. Burke stated, "I am just thinking ahead here, but if the Annual Report comes out and is disseminated and we are now using Steering Committees, etc., would it make sense to have some sort of a Steering or Advisory group, separate and apart, that would include people such as Mr. Domenie, Dr. Bauer and somebody from Mr. McAlpin's group "? I would not discount this completely. Then, as a group we could go over the Annual Report with more eyes looking at it and more questions being asked. On the other hand, if we just say to Dr. Bauer come to our meeting when we review the Report and you can ask questions there seems fair enough, but I think what he is suggesting makes some sense. I wouldn't discount this completely, it may be worth pursuing. Mr. Domenie asked, "Why don't we follow it up with Dr. Bauer"? Perhaps I will give him a call to see what he has to say and I will bring it up at our next meeting. Mr. Hall stated, "Dr. Bauer did want to be here today, but there is a City Council Meeting going on that he was required to attend ". Mr. Burke asked, "To whom was this Report distributed ". Mr. Domenie stated, "It has not been distributed yet". Mr. Hall stated, "I have distributed it to you, and I believe the Conservancy and Dr. Bauer have both received copies of the earlier version". Mrs. Barbara Smith stated, "I have had two or three requests via email ". Mr. Petty stated, "Once submitted, it is a Public Record". 502 Clam Bay Committee Meeting Auqust 15, 2007 Mr. Domenie asked, "Is it on the website "? Mrs. Smith replied, "No, since it is still a draft". Mr. Domenie asked, "Is the draft on the website "? Mrs. Smith replied, "No ". Mr. Domenie asked, "Have the people who requested a copy of the Plan had to come into the office to pick one up "? Mrs. Smith replied, "No, I have it in pdf. Format and can email it to those who request the document ". Mr. Burke asked, "Mr. McAlpin have you received the document "? Mr. McAlpin replied, "We have not requested a copy, but will request one after it has been finalized ". Mr. Domenie stated, "Mr. Hall, Mr. Petty, Ms. Lamed, Mr. Lukasz and I held a meeting and reviewed the Report page by page, but I still have some changes ". Mr. Domenie, Mr. Burke and Mrs. Womble provided Mr. Hall with their recommended changes, all minor, to be incorporated into the Management Plan Permit. Mr. Burke asked, "The original Plan was called Clam Bay Restoration and Management Plan, is "Restoration" history now"? Mr. Hall replied, "Because most of the restoration efforts have taken place, I was asked that we rename the Report as simply a Management Report ". Mr. Petty stated, "If 1 may, I would like to put in a vote to keep the word "Restoration" in the title ". A topic later on our agenda is checking to see whether restoration credits are available to us. We may want to keep that name in tact until Mr. Hall has told us that there is no money available then I am agreeable to dropping the name. Mr. Domenie asked, "Are you saying we should change the title back to Restoration and Management Plan "? Mr. Petty stated, "That's what I would like to discuss ". If we are going to be applying for any type of credits, it should mirror that concept and we will be talking about that with our next item. 503 Clam Bay Committee Meeting 815 August 15, 2007 Mr. Hall stated, "Also, in the original Report there were specific activities that were being done to help restore the mangroves and since those activities have been done, more of that work now is on -going maintenance and more of a management activity than a restoration activity". Mr. Burke asked, "When we dredge, is it all maintenance dredging"? Mr. Hall replied, "It has been ". If there were a catastrophic storm and the pass closed, that would not be a maintenance event that would be a recovery. Mr. Burke stated, "A maintenance dredging means that we do it as needed to keep the pass flushing". Mr. Hall replied, "To keep the cross - section big enough to allow the flows in and out ". The pass would not have to close in order for us to do that if the cross - sectional area got to the point where less water was able to move in and out below the design standards. Mr. Burke stated, "We know right now that there is very limited or no additional storage area for runoff water'. Mr. Hall replied, "The study that was done by WilsonMiller, performed as part of the original permit, showed that there were limited areas where you could achieve additional storage without astronomical costs ". Mr. Burke stated, "As of now we are still okay with the water quality that gets to the west side of the berm and then into the Gulf of Mexico ". Mr. Petty replied, "Over the past twenty-five years we have met all of the criteria ". Mr. Hall stated, "The water quality monitoring has not showed that there have been any increases that are detrimental to the natural system ". Mr. Burke asked, "If all of a sudden we have a nutrient problem, we don't have the luxury of additional storage area east of the berm, so a program such as fertilizer regulations would probably affect us "? Mr. Petty replied, "Correct ". Mr. Domenie stated, "I brought the City of Naples Program that Dr. Bauer has enacted for licensing and regulating the use of fertilizers to the Foundation's attention ". I think that the County is probably going to get more involved, because inland properties also affect the amount 504 Clam Bay Committee Meeting August 15. 2007 16/1 B15 of fertilizer that gets into the stormwater and then into the Gulf of Mexico. Sooner or later you are going to see some regulations, but I don't know how effective they will be. Mr. Burke stated, "There was an extensive front page article about the County looking at that issue also". Mr. Hall stated, "If the County passes a new Ordinance or changes the Land Development Code to implement something such as that, it would affect you also ". Mr. Burke stated, "Our objective is to keep the water flushing". When we start to get into exotics, nuisance plants, or invasive materials, our first concern is if they affect the flow of water, then we have to do something, is that correct'? Mr. Petty stated, "The removal is not conditional upon the impact to the flow of the water". We describe it as basically a cost of doing business. Our permit conditions allow us to work in this area and they have asked for a little quid pro quo, which is removal of the exotic producing species. If we see exotics at a certain level, they are removed, but it is not based on restrictive flow. Mr. Domenie stated, "Exotics are illegal or not wanted, so they should be removed and it has nothing to do with our stormwater management system ". Mr. Petty replied, "In seeking the permit these agencies are asking us to voluntarily participate". Mr. Domenie stated, "We are constantly looking at exotics ". I know we have people working on that. Mr. Hall stated, "Every time that we go out into the system and notice exotics, and in the mangroves it is usually Brazilian Pepper, we will mark those areas and report them to Mr. Lukasz for removal ". If the plants are small enough we will pull them ourselves while we are out there, but some grow larger before they are noticed. Of course, along the berm the cattail maintenance has gone down now that we are getting more saltwater coming into the system. Mr. Domenie stated, "The cattails have disappeared ". Mr. Hall replied, "Yes, except for around the Sandpiper, we are still looking at that area ". 505 Clam Bay Committee Meeting August 15, 2007 Mr. Petty stated, "Since there were so many recommended changes to the Permit, although none of substance, I would like to have it approved by motion ". Mr. Burke moved seconded by Mrs. Womble and approved unanimously for Mr. Hall of Turnell, Hall & Associates to make the recommended changes to the Clam Bay Permit Application for presentation to the entire Board for approval at their September Meeting. Mr. Burke asked, "Since this was distributed to Dr. Bauer and others, will there be any input coming back from them or from the County Manager's Office"? Mr. Petty replied, "We are not waiting for any input, but we are certainly willing to take any input at any one of our public meetings, by calling our office, or talking with this Committee ". Mr. Domenie stated, "I was under the impression that this will now get open to public discussion ". Mr. Petty replied, "We have been in public discussion for a long time ". The public hearing process for the permit is rather lengthy and the time period is estimated to be about two years'. We expect to have a considerable amount of public input, even after we have approved and submitted it. The process really does not stop. Mr. Domenie stated, "You said twelve to twenty-four months ". Our Permit expires in July, 2008. Do we have to then make an application for a temporary extension? Mr. Hall replied, "While this is under review, if the expiration date does get close, then we would ask for an administrative extension of the expiration date until the review of the application is completed ". Mr. Domenie asked, "Where are these public hearings held "? Mr. Hall replied, "It is not necessarily a public hearing ". A public hearing can be requested and it would most likely be held in the area of the project, so it would be held down here if they decide to grant one. Normally it is done through correspondence. The people within a certain radius of the project are noticed through the Army Corps of Engineers noticing process and then people can write letters, requests, etc. If the Corps deems those questions or comments to be pertinent to the project, then they will ask for us for a response. 506 Clam Bay Committee Meeting Auaust 15. 2007 1611 8 15 Mr. Domenie asked, "Does the Coast Guard or Fish and Wildlife have to make any approvals on this permit "? Mr. Hall replied, "The Fish and Wildlife Conservation Commission will review the project on behalf of the State and the Fish and Wildlife Service will review the project on behalf of the Federal Government and I would imagine that since the navigational issues have been brought up, the Coast Guard may make a review ". Again, we are not proposing to change any of the parameters that were established in the original permit, in terms of the width and areas that we were monitoring that we would be working in, so I don't anticipate having any Coast Guard comments, but they may look at it. Ms. Ashton stated, "I don't know how this permit was processed ten years ago or what kind of delegation it gave to Pelican Bay, but after the Pelican Bay Services Division blesses this permit, it will then go to the County Managers Office for review and from there to the Board of County Commissioners for comment before it gets submitted ". Mr. Burke asked, "is the County Attorney's Office part of the County Managers review "? Ms. Ashton replied, "Yes, I believe so ". I just wanted everyone to be aware of the schedule. Mr. Domenie asked, "Mr. McAlpin do you have any further date on which we might expect the results of the PBS &J Study "? Mr. McAlphin stated, "We are still on track to have the draft of the study compete at the beginning of September and public discussion during mid - September". Mr. Petty stated, "I apologize for our side discussions, but they are pertaining to the process of submitting the permit ". We have taken it through this Committee and of course we will take it to the Full Board. I was not here during 1998, so I cannot tell you how it was done then, but in discussions with staff, counsel and Mr. McAlpin, it appears that the process that the County is looking at is that it will go to the County Managers Office and then Counsel for review. If we approve the application in September, there would be an additional period for Collier County staff review, at which time I am assuming their comments would come back to this Board for consideration. 507 W� Clam Bay Committee Meeting Auaust 15.2007 r Mr. Burke stated, "We will have signed off on this application and it can be submitted immediately'. Mr. Petty replied, "Since we have made so many changes, staff is recommending that it go before the full Board in September'. Mr. Burke stated, "I don't know what happened in 1998, but on this one, I just assumed that would be the process'. Mr. Petty stated, "We are just looking at the process; we assumed that counsel would be looking at the application ". If I remember correctly, we were given the authority to sign the previous application. DISCUSSION OF RESTORATION CREDITS Mr. Petty stated, "While looking for restoration credits for other clients, we came across a program for wetlands credits and in this case for freshwater situations ". That comes in a lot of different forms. The one that we were looking at is called "Water Credits" so that you are permitted to take more water out of the drinking water aquifer on the east coast, which is the Biscayne Aquifer. If you contribute by bringing water from wastewater effluent reuse back into the groundwater system, they will give you a water credit for pulling more water out. In looking at this issue, we also came across the origination, which was really for coastal areas and thought that it might apply to the restoration work done in Clam Bay. We brought that to Turrell, Hall & Associates attention, to see 0 there was any consideration that our Board should be looking at. It was discussed at our staff meeting, but I don't know if Mr. Hall has a definitive answer yet. Mr. Hall replied, "No, I don't have a definitive answer yet and the way this is going, is that there have been restoration activities and enhancements seen in the Clam Bay System that have not been attributable to mitigation for any impacts ". It has been for restoration because the system was declining and the community got together and wanted to restore it. That has been done and because of that there is an enhancement in value. In the wetlands permitting process, mitigation banking is an alternative by which projects that do have wetland impacts can go to these banks and purchase credits. What the banks do is restore properties from an impacted state to a natural state and based on the success of that restoration and the kinds of habitats that 508 f 15 Clam Bay Committee Meeting August 15, 2007 they create, they get so many of these credits that they can then sell to developers. What we were thinking about was that we have done these restoration activities and there is no mangrove or saltwater mitigation bank in Collier County. Occasionally there are dock projects that are permitted that have impacts to mangroves where they have a hard time finding mitigation credits because of no bank available in Collier County. The idea was to have a conversation, with the Army Corps of Engineers and the Department of Environmental Protection, to find out if the restoration work that we have accomplished and is actually measurable in the system could be used as a mitigation bank. Essentially, the developers that were having these impacts could pay the Pelican Bay Services Division a fee that would essentially be a recoupment of the money that has been spent to see that enhancement. That is as far as we have gotten thus far. We have not had any meetings or any formal discussion with those agencies, but the idea was there that that might be a possibility where a fund could be established, not a for profit or money making adventure, but that money that has been spent could be recouped into some kind of a fund that would then help pay for the future maintenance of the Clam Bay area. Mr. Petty stated, 'This goes back to our trying to expand our revenue base, outside of assessments ". Mr. Hall stated, "It is an idea that in thinking about, we felt had some merit and that we should explore further to see what the pluses and minuses might be ". Mr. Domenie stated, "I am confused by your earlier comments on groundwater and stormwater". Mr. Petty stated, "These renovation credits are quite common on the East Coast when it comes to freshwater sources ". In looking through the criteria, trying to understand it better for other clients, we also saw that there is an application for the saltwater side and something that Pelican Bay may want to look into. Mr. Hall has been very good about researching the criteria and we are hopeful. Mr. Domenie asked, "Does it have anything to do with our stormwater management and the lakes "? 509 Clam Bay Committee Meeting August 15, 2007 Mr. Petty replied, "No ". This is just trying to get back some of the costs of the restoration for the Clam Bay system. Mr. Donald Spanier — Oakmont resident — "I think this is a very ingenious idea ". I simply want to ask, do you have any gut feeling for the order of magnitude of potential recovery? Mr. Hall stated, "As an example, right now, I believe that Little Pine Island Mitigation Bank is the closest saltwater bank ". The land is owned by the Department of Environmental Protection, who gave permission to an outside company to come in and restore it. Their saltwater credits are approximately $90,000 - $95,000 per credit. In terms of our restoration, we would only be looking at the fifty acres of die off that we originally had as our baseline. You might expect anywhere between 1/1& and 4/1& of a credit per acre, depending on how the agency looked at the restoration, the long term viability and maintenance requirements. At 1/10'" of a credit per acre, that would only be five credits that you have to sell, but at $90,000 per credit, that is still a pretty substantial fund to use for future maintenance. Again, this is very preliminary and I would not venture so far as to say that it is doable, until we have the conversations with the agencies to find out how amenable they are to that concept. Mr. Burke stated, "I think it is encouraging that staff and Mr. Hall are going after items such as the NOAA Grants and restoration credits ". A couple of years ago, Naples Cay had a major mitigation order from the Army Corps of Engineers. They raised about $500,000 from within their own community to do this mitigation. They realized that approximately $250,000 went to lawyers and consultants and they were getting nowhere. They had gone to the Army Corps with two or three different proposals, which were rejected, so they still had approximately $250,000 remaining. I don't know if that relates to this, but are you saying that Clam Bay might be an area where someone such as Naples Cay could come and offer money? Mr. Hall replied, "Potentially, yes ". It would be for mangrove impacts. An example would be a property owner on the water that was going to build a dock and in order to build it he had to clear or remove two or three mangrove trees to be able to access his dock. Those impacts would be evaluated and a numerical value, based on the functional assessment, would be done and that would be what they would have to replace. 510 Clam Bay Committee Meeting Auqust15,2007 1611 B 15 Mr. Petty stated, "From our point of view it would be considered a commodity as a way of trying to offset some past costs and fund future expenses ". We would not review it, nor would these developers be coming directly to us, it would go through process. Mr. Hall stated, "If it was approved, what would essentially happen is that the State and Army Corps of Engineers would create a ledger". It would be like an accounting process where as they are sold or applied to different projects, the credits would come off the ledger and when you hit zero, you are done. Mr. Burke asked, "Did Naples Cay ever get their situation resolved "? Mr. Hall replied, "It has not been resolved, the Army Corps finally came to them and suggested that they go to Little Pine Island and purchase credits ". That has been submitted, but as far as I know, it has not been resolved. BUBBLERS — WHERE AND COST Mr. Domenie stated, "I placed this item on the agenda because we touched on it at our last meeting ". I don't know if you have had any opportunity to study or make a decision on this item. Mr. Petty stated, "We talked earlier in the meeting about how we really did not have much space in our water management system to increase storage in a meaningful manner without expending huge numbers of dollars ". One of the ways that you can increase your efficiency is to increase the number of bugs per acre of water by adding oxygen. By bugs, I mean micro- organisms. Bubblers have been found to be very good on the transfer of oxygen in the water. They seem to help keep the lake in more than just a biologically tightened condition, and as far as bacteria are concerned. they seem to not allow the plant material to grow as quickly either. We have a lot of areas in Pelican Bay that are somewhat protected from wind and flow. You will see them at ends of lakes where there is a connector pipe in the middle. There is one just west of the Philharmonic, in front of Bridgeway Villas, where both ends of the lake do not get a lot of mixing. Bubblers may be very applicable to those areas. They also may be helpful in the future if we have this issue of nutrient increases. We are watching areas where we are seeing some spikes 511 Clam Bay Committee Meeting 16' � � 15 August 15, 2007 here and there. We would like to start in those types of areas on some of the bigger lakes, but we have not gone out to get costs yet. GRASS CARP — WHERE AND COST Mr. Petty stated, "Where there are aquatic plant problems, grass carp help you reduce your chemical dependencies for treatment of those aquatic plants'. Grass carp will eat a great deal of the visible aquatic material. They will not go after planktonic algae because that is too fine of a plant for them, so we will still have chemical costs. We are looking into that and Mr. Lukasz is talking to the golf course people who have tried carp in a lake or two. We will see if there is an application where we do have supporting root aquatics of any size to try the fish out. It is somewhat problematic in that when you put the fish in, you have to make sure that they can't move from the water body. Putting in grass carp screens are a problem for clogging, so you have to weigh the benefits. Mr. Domenie asked, 'What would be the danger of the grass carp moving to another lake or are you worried that they would get west of the berm"? Mr. Petty stated, "if they get into a lake where there isn't an overabundance of the aquatic plant that you are hoping to get rid of, they will start feeding on the aquatic plants that you have in there for filtering ". The concern is that the carp only be put in lakes where they are useful and for them to get out is a problem, as far as your permit conditions. We are looking at that and what we would like to hear from the Committee is some suggestion on the degree of the project that you would like to start with. If you recall, during the budget process we talked about the East of Berm money, which has already been tagged for a couple of items. There are still some funds available there, which is where we would probably get our monies for this project. We are looking for direction on scale. We can certainly come to you with a pilot test program and a cost estimate, if you would like to hear that first. Mr. Domenie stated, "That would be desirable"- Identify which lakes could support both the bubblers and the carp and what the cost might be without making any decision. That was the reason I included this item on the agenda. 512 Clam Bay Committee Meeting August 15. 2007 1611 1 Mr. Burke asked, "Is the Bridgeway Lake a prime target "? Mr. Petty replied, "It is one of the most visible lakes that we have, along with the lake west of Tierra Mar and at Bay Villas. Going down Pelican Bay Boulevard there are a couple of lakes that you can see. Mr. Domenie asked, "What about Oakmont Lake "? Mr. Petty replied, "That lake actually has good directional flow ". Mr. Burke stated, "The garage at Waterside Shops is going up very fast and I know everything is under control there, but I know it is going to affect some of the runoff into the Bridgeway Lake ". Mr. Petty stated, "Waterside has to retain the first one inch of water on -site and in the past we were able to benefit from their lesser density ". Now the lake is going to be pushed and I would like to add some enhancements. Mr. Burke stated, "That lake is going to be reconfigured and is going to be a little larger ". Mr. Petty stated, "They have to be able to take the first inch of runoff and since they have increased the impervious area, it would have to be reconfigured ". I know they did some modificabons. bank". Mr. Domenie stated, "They are building a retention pond along Seagate Drive, by the Mr. Petty replied, "There was a retention area there ". Waterside also maximized all of the other indentations that they have and have made modifications all around the site. RON PENNINGTON LETTER TO THE NDN — SAND ON CLAM PASS PARK Mr. Domenie stated, "The reason that I included this is that I felt some things were said in that letter that affected all of Pelican Bay ". I did not think that the comments were fair. In the first place, 1 feel that we need someone from Pelican Bay on the Coastal Advisory Committee. We have three miles of shoreline and one of the four passes in Collier County, so I think it is imperative that somebody from Pelican Bay be on that Committee. Secondly, I was ready to serve on the Coastal Advisory Committee, to fill the vacancy from North Naples, and I so informed Commissioner Hales. However, due to my work with the Community Response Team, 513 Clam Bay Committee Meeting 1611 B 1 5 Auaust 15. 2007 Commissioner Halas decided to nominate me to the Emergency Medical Services Advisory Council. If there were two other candidates to fill the Coastal Advisory Committee vacancy, I was certainly never aware of the names and I attended some of the meetings. I feel that Mr. Burke has ample experience with coastal and inlet problems and he has been on this Committee for five years, Chair of the Clam Bay Committee and also former Chair of the Pelican Bay Services Division Board. Mr. Pennington's comment was that Mr. Burke was "an opponent of the Coastal Advisory Committee's efforts in dredging Clam Pass for the benefit of Clam Pass Public Park ". I think that Mr. Burke, Mr. Spanier, Mr. Humiston and 1, were all of the same opinion regarding the dredging. We absolutely need the dredging for the health and well -being of the estuary. There is absolutely no doubt whatsoever that we support that one hundred percent. Clam Pass has been dredged on a regular basis and beach quality sand has been placed to the south on the public beach in the past. Our concern was the need to dredge an 80' foot channel, when in the past we had only dredged a 40' width. Humiston & Moore confirmed that the 40' was all that was necessary to provide proper flushing of the estuary. We also objected to the dredging of 25,000- 35,000 cubic yards of sand from the ebb shoal, as it was opined that such a hole would be filled by sand drifting south from Sandpiper Beach. I recently read somewhere that Pelican Bay provides more public beach access to Collier County public beaches than any other similar stretch of shoreline. I believe that this has nothing to do with politics as was mentioned by Mr. Pennington. I want to clarify this for the residents of Pelican Bay and would welcome any comments that anyone else has on that letter. Mr. Burke stated, "I am not all that concerned about these letters because everybody is entitled to their opinion ". What is bothering me is that in politics you can take a piece of information that may not be totally accurate and if you repeat it often enough, it becomes fact. It just seems to me that this situation of opposing that dredging is such an effort. I go back to our Minutes from the last Clam Bay Meeting, page 487, and a representative from Seagate made the statement, "We (Seagate) fought for dredging, you fought against it". Later on she stated, I was at meeting after meeting, when you (Mr. Domenie) and Mr. Burke came and fought dredging and said that it did not need to be dredged. The reason I had the questions about dredging on this 514 Clam Bay Committee Meeting 161 +� 15 August 15, 2007 permit was that any member on this Committee who opposed maintenance dredging, is working against the health of Clam Bay. Maintenance dredging has been the proven method to restore Clam Bay. I do not know where this started and I am almost glad that Dr. Raia is not here, because I feel guilty when I bring up the issue of Minutes. God bless the Minutes, everything is in there. If you go to page 477 of those last Minutes, Mr. David Roellig, a renowned authority on the subject and a past member of this Board and the Coastal Advisory Committee said, "In my opinion, the Clam Pass dredging this year was excessive and it interrupted the natural sand by- pass and endangers the adjacent shoreline"- He is not talking about the dredging being out of line; he is talking about the extent of the dredging. It is his opinion, that as long as the Clam Pass area is maintaining good tidal flushing, no dredging should occur. That is our position too. Maintenance dredging occurs only when it is needed; we don't do it every two or three years. Mr. Roellig says that the pass should never again be used as a borrow area. That is what that last dredging was about; the conflict with the Coastal Advisory Committee. They wanted to borrow and had good reasons for doing it and we had good reasons for not allowing it to the extent that they wanted. I guess the point is that we need to be very public about the fact that we do not, by any stretch of the imagination, oppose the maintenance dredging of Clam Pass; it would be against everything that we stand for. I am hoping that this is the last of these kinds of statements_ Mr. Domenie stated, "We should emphasize that we have no objections, whatsoever, for placing sand on Clam Pass Park". In fact, I have pointed out in the past that just south of the Clam Pass Park is a very narrow strip of sand separating the Gulf of Mexico from Outer Clam Bay. If we ever have a hurricane hit that area, Clam Bay will be in very serious trouble because the water will probably create a new pass. Mr. Burke stated, "Mr. Humiston has said that if there had not been a healthy shoal system at Clam Pass when Hurricane Wilma hit, impacts might have occurred to both sides of the inlet". These are some of the things that need to be considered in order to provide a more definitive answer on the extent of dredging. There is no one here that opposed maintenance dredging. 515 Clam Bay Committee Meeting Auqust 15, 2007 USE OF DISCLAIMER Mr. Domenie stated, "1 just have one final item, which is the use of the disclaimer". I don't know whether to bring it up at this meeting or with the full Board. For instance, along time ago I wrote a Letter to The Editor on the widening of 1 -75. My suggestion was to make lanes five and six high- occupancy vehicle lanes during rush hour. The Resolution states that in any future correspondence that may be written by any Pelican Bay Services Division Board Member, a disclaimer should be included. Frankly, 1 do not see how anyone would associate such a letter with the Pelican Bay Services Division and I question why such a disclaimer would be necessary and would the Naples Daily News print the disclaimer for us at the bottom of the letter. I think this is a question that needs clarified. Another thing, after the June Board Meeting, an article appeared in the Naples Daily News implying that we were delaying the process to review the Ten Year Permit. I wrote a Letter to The Editor and I received an email asking me to reduce its length and since I didn't feel that I could, the letter was never printed. A few days later I received a call from the Vice Chair of the Foundation asking me to write an article for the Pelican Bay Post. I think we have all submitted articles to the Pelican Bay Post; should such articles come to the attention of the Board for approval? 1 submitted an article to the Pelican Bay Post and signed it John Domenie, but I have no idea if they are going to say that I am Chair of this Committee or a member of the Pelican Bay Services Division Board. Should such articles go through the Pelican Bay Services Division Board? Mr. Petty replied, "We were not trying to go that deep ". We were basically looking for guidelines where Board Members could fulfill their responsibility and not get the ire of their fellow Board Members and follow a basic uniform matter. To talk to the public, to talk to the Foundation, to write to the press about actions taken by the Board are policies that are long standing and are not a problem; any Board Member can do that. For detail, we would request that you refer that to staff in order that we can provide that detail, a little better than most. Certainly, we are not trying to restrict those comments. To speak for the Board on a policy that has not been opined or approved, is where you need the approval of the Board. You have always known that. The issue, as far as using the disclaimer, is more for trying to stay within a certain guideline of 516 Clam Bay Committee Meeting 16i 1 a 1 August 15, 2007 practice. It has been in the past that you did say that you were a member of the Pelican Bay Services Division Board. If you are going to comment in a public newspaper on an editorial, they want you to put your name there, otherwise people who may have an argument against you may look at that and ask why did you do that. So in being up front with our position, you always would state who you were with. That is why the discussion was held and suggestions were made for consideration. It is just that, it is a guideline. Mr. Burke stated, "These things run in cycles ". I still have my Newsweek magazine from August 1976 when the world was going to freeze over and now twenty -five years later we are going to warm over. I don't know if you remember Mr. George Werner, who was a twelve year member of this Board. 1 keep him informed on most everything going on here, via email. Mr. Werner was a frequent contributor of Letters to the Editor on issues involving government. Mr. Werner was chastised by the usual suspects because he was not clearly identifying himself as a member of the Pelican Bay Services Division Board and thus beholding to the County, even though there was no need to do it. During the annexation wars, if I spoke up as an individual about annexation, the screams came that he was a lackey of the County and needs to identify himself as a Pelican Bay Services Division Board Member. This is a rather harmless little thing to do and it keeps a certain element happy. It is my opinion that it is unnecessary, but I don't want to see us get to the point where we have a police group that we have to subject our thoughts and comments to. Mr. Domenie stated, "The only reason I mentioned it was that I submitted that article to the Pelican Bay Post and I did not include a disclaimer". This was done before the Resolution as passed. Mr. Petty stated, "The Board has authorized you to write those articles and they have empowered you so that you don't have to use the disclaimer'. Mr. Burke stated, "My understanding has always been that the Board, as a total, has one spokesperson and that is the Chairman ". The Clam Bay Committee should have one spokesperson, the Chairman, the same as with the Budget Committee. I think any time you get these kinds of organizations where anybody feels that they can speak for the Committee we have 517 Clam Bay Committee Meeting 1 6 1 1 ° 1 5 August 15, 2007 bedlam. I just don't think anybody should be speaking for the Pelican Bay Services Division, other than your Chairman. Mr. Petty replied, "I think everyone would agree ". AUDIENCE COMMENTS Mr. Hall stated, "After the last meeting we have started the process for the educational film ". People walking along the bens may see cameras or activities going on out there in relation to that project. Mrs. Womble stated, "There are a lot of sentences and paragraphs in your draft that could be beautifully utilized for education. ADJOURN There being no further business the meeting adjourned at 11:40 A.M. John Domenie, Chairman 518 JC.1 1 t 2007 f7pyrtl op Cpurty ","M issianers 161 1 C 1 August 7, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTV FIRE REVIEW TASK FORCE Fiala Irialas Naples, Coyle Florida, August 7, 2007 Coyle Cnlett LET IT BE REMEMBERED, that the Collier County Fire Review Task Force in and for the County of Collier, having conducted business herein, met on this date at 2:00 P.M. in REGULAR SESSION at the Collier County Development Services Division, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Brad Schiffer V. Chairman: William Varian Gary Beaumont James Boughton Dalas Disney J. Christopher Lombardo William Schreck Misc. comes:11 —I Date:lt L3 t 1 Item* lU I C STAFF PRESENT: Roland Holt - Building Official ro Jeff Wright - Assistant County Attorney Ed Riley - Fire Code Official Joe Schmitt — CDES Administrator Bob Dunn — Plan Review & Inspection Mgr. Paula Brethauer — Operations Analyst 16 i 1 C August 7, 2007 ORGANIZATIONAL MEETING FOR THE FIRE REVIEW TASK FORCE A. Introduction of Members • The meeting was called to order by Assistant County Attorney Jeff Wright. • Roll Call was taken by Paula Brethauer with 7 members present constituting a quorum. The additional 2 members will be approved by the Board of County Commissioners at their September meeting. (Angela Davis & Chuck McMahon) • Joe Schmitt introduced the support staff Ed Riley, Fire Official and Roland Holt, Building Official. The Committee was appointed by the Board of County Commissioners. • Jeff Wright asked for nominations for Chairman and Vice Chairman B. Select a Board Chair and Vice Chair Dalas Disney nominated Brad Schiffer for Chairman and Gary Beaumont nominated William Varian for Vice Chairman. Each member introduced themselves and gave a brief description before nominations were closed. Hearing no other nominations — Nominations from the floor was closed. It was voted unanimously - Brad Schiffer for Chairman and William Varian for Vice Chairman. C. Review Resolution No. 2007 -105 and establish schedule and methods to achieve Duties of Task Force which include but are not limited to: Mr. Schiffer asked for points of interest from each member and covered the Agenda items. Assistant County Attorney Jeff Wright covered the Resolution, history and tasks to accomplish. Resolution No. 2007 -105, page 2, Section Four: Functions, Powers and Duties of the Task Force were covered as followed: (A) Discuss issues and concerns of the public, the County; the fire control districts and the development industry related to fire review and inspections associated with the building plan review and permitting process, (B) Review building review & permitting requirements and procedures related to review; and (C) Provide the Board of Collier County Commissioners with recommendations for practical revisions to the Collier County Fire Prevention and Protection Ordinance. Mr. Schiffer asked for Procedures and Agenda Topics. 1611 C August 7, 2007 Different items and subjects were addressed • Making sure the Public is invited • Address Fire Sprinkler industry • Discuss Fire Code — (Amendments & Interlocal Agreements with the Fire Districts) • Fire Prevention Ordinance and Codes • New (Field) Inspectors learning on the job and resolving issues and working through Fire Marshalls • Process for submitting Local Amendments (discussed at length) • Amendments to the State Code — local authority jurisdiction • Do Fire Districts have a right to change Fire Ordinances? Mr. Riley stated they can "propose" but no authority to "adopt'— only at the Fire District level or BCC. (follow standards) Brad responded the State wants uniformity across the State and to make it as clear as possible. • Ordinance 2005 -32 will sunset October 1, 2008 — new one will be adopted • May not want Local Agreement in this revision • Mr. Riley has no authority over the State Statutes but need to be aware of them • County Commissioners do not have authority for fire safety for the County, only independent Districts • Fire Code issues — Fire Districts only • Turnover of staff— continue to work together by taking small steps and not make mistakes • 61G15 —Administrative Code -discussed at length • Plan Review and Inspection - Agenda Item • Code Process/Local Agreement — Agenda Item • Water Flow —Agenda Item SPEAKERS Bob Buchanan — Gulf Bay Construction — asked about formulas for water flow as very costly from SFLWM. ➢ Mr. Riley corrected above statement in that it is the County rather than SFLWM. Local Ordinance issue. Other methods of calculations can be made. ➢ Joe Schmitt suggested having someone from Utilities address water pressures at one of their meetings. Mario Curiali — Southern Development Co. — discussed the following: ➢ Building Permits — length in time of receiving permits is too long ➢ Torn over in Staff ➢ Work together as a Team (one coalition) ➢ Frustrated for General Contractors — can't identify a due date for clients ➢ Need a group to identify problems • Need Open Door Policy • Permit problems — not all agencies favor • Committee come up with more concrete solutions 1611 C August 7, 2007 Roland Holt mentioned his Department needs to know about any concerns and problems right away from the public rather than months or years later. The Building Dept. can then address and work out the problems immediately. Meetings and Schedule The Committee decided to meet twice a month. The next meeting is scheduled for Tuesday, August 28`a, 2007 at 9:00 A.M. and will decide at their next meeting for actual future dates. The meeting will be held in Conference Room 6091610, 2800 N. Horseshoe Drive. Agenda Items will be "Fire Flow" and "Water Pressure" with someone giving a presentation from the Utilities Dept. SPEAKERS Rob Potteiger — Asst. Chief East Naples Fire District - hoped the Committee gets into Building Review and the permitting process and would also bring in Fire Marshalls from each District. Also suggested bringing in someone from the City of Naples concerning water. (It was noted from the Assistant County Attorney, that since Mr. McMahon and Ms. Davis are not appointed by the BCC as of yet, they will not be sitting at the table with the Committee at their August meeting, but can speak on any subject as part of the public.) Chuck McMahon — want to make sure they focus on the County Building and Fire Code Officials review process. Jeff Wright — Assistant County Attorney cautioned the Committee members in discussing the Sunshine Law briefly. Two or more persons together from the same Committee is considered a meeting and there are stringent requirements prohibiting discussing any issues being considered before the Task Force outside the advertised Task Force meetings. There being no further business for the good of the County, it was moved and seconded to adjourn. The meeting adjourned at 3.S M. Collier Ubunty Fire Review Task Force N Brad These minutes approved by Board/Committee on as presented or amended_. MEMORANDUM Date: November 14, 2007 To: Joyce Houran, Grants Coordinator Collier County Sheriffs Office From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Federal Annual Certification Report Enclosed please find an original of the above referenced document, (Agenda Item #16J8) adopted by the Board of County Commissioners on Tuesday, November 13, 2007. If you should have any questions, please contact me at: 252 -8411. Thank you Enclosures(1) Federal Annual Certification Report 16J8 This report must be submitted within 60 days after the close of your fiscal year to the: S' Asset Forfeiture and Money Laundering Section Executive Office for Asset Forfeiture 85 US. Department of Justice U.S. Department of the Treasury ti we 10th and Constitution Avenue, NW 1341 G Street, NW Bond Building, 10" Floor Suite 900 Washington, DC 20530 Washington, DC 20220 Fax. (202) 616 -1344 Fax: (202)622 -9610 E -mail address: efmis.acanusdo.gov E -mail address: treas.acsot, ittreasq.v Law Enforcement Agency: Collier County Sheriffs Office 0 Police Department 0 Sheriffs Office /Department 0 Task Forcexplech Ibtefinemben) 0 Prosecutor's Office 0 Other Contact Person: Joyce Houran E -mall Address: grantsQcolliersheriff.oet Mailing Address: (street) 3301 Tamiami Trail East, Bldg. J -1 City) Naples (State) Florida (Zip Code) 34112 Telephone Number: ( 239 ) 793 -9346 Fax Number: ( 239 ) 793 -9405 Agency Fiscal Year Ends on: (Month/Day /Year) 9/30/07 NCIC/ORI/Traeking No.: FLO1100 Summary of Equitable Sharing Activity (Fiscal Year Ending 2007 ) Justice Funds Treasury Funds (DEA, FBI, etc)' (IRS, ICE, etc)' 1. Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FY) .. $ 381.849.04 $ 575353.39 2. Federal Sharing Funds Received from the Department of Justice and the Department of the Treasury ......... $ 41..550.97 $ 47;275.60 3. Federal Sharing Fonds Received from Other Law Enforcement Agencies and Task Forces (complete attachment) $ 0,00. $ 0 00 4. Other Income ........ ...... .. ...... . $ 0.00 $ 0,00. 5. Interest Income Accrued (O check if non-interest-bearing account) $ 20,777.12 $ 32.327,62 6. Total Equitable Sharing Funds (total of lines 1 - 5) ... .. $ 444,177.79 $ 654,956 61 7. Federal Sharing Funds Spent (total of lines a - n) .. ........... $ (: 15.753.49) $ ( 35,989 19) 8. Ending Equitable Sharing Fund Balance (subtract line 7 from line 6) $ 43.64 $ 618,967.62 9. Appraised Value of Other Assets Received ......... $ 2 0.00. $ 6 0.00 Sunfirr f Shared Monies Spent a. Total spent on salaries for new, temporary, not to exceed 1 -year employees ............................. $ 0.00 $ 0.00 b. Total spent on overtime .................. ... .. ..... ........ ...... ......... $ 0.00 $ 000 c. Total spent on informant and "buy money ,• ...................... ............................... $ 0.00 $ .0.00 I. Total spent on travel and training ....................... ............................... I ....... $ .....0.00 $ 0.00 e. Total spent on communications and computers .................... ............................... $ 0.00 $ 0.00 f. Total spent on firearms and weapons ... ............................... . ........................ $ ....0.00 $ ..0:00 g. Total spent on body armor and protective gear ............... ....... $ 0.00 $ 0.00 In. Total spent on electronic surveillance equipment ........... ............................... I ....... $ .0,00 $ 0.00 i. Total spent on building and improvements ....................................................... $ 0,00 $ 0.00 j. Total spent on drug education and awareness programs ............................. ... $ 0.00 $ 0.00 ........... It. Total spent on other law enforcement expenses (complete attachment) .............................. $ .15.753.49 $ 35.989 19 . ) .............. I. Total transfers to other state and local law enforcement agencies (complete attachment) ................... $ 0,00 m. Total perndssible use transfers (complete attachment) ............... ............................... $ OM Amount of line (m) used for drug abuse treatment and prevention programs ................. $ 0.00 n. Total spent on matching grants (complete attachment) ............... ............................... $ 0,00 $ 0.00 o. Your agency's budget for current fiscal year ...... ......... ....... $ 152,672000,00 p. Your jurisdiction's budget for current fiscal year ..................................... $ 1,286,789.100.00 q. Your agency's budget for prior fiscal year ........ ... ...... ...................... $ 134 346.400 00 r. Your jurisdiction's budget for prior fiscal year ........ ............................... $ 1,480,555,100.00 Under the penalty of perjury, the undersigned hereby certify that the information in this report is an accurate accounting of funds received and spent by the law enforcement agency under the federal equitable sharing program during this reporting period. Name (Print or Type) Don Hunter Date 10/22/07 '7 ,, _;- Nforcernent Agency Head _ Sign Title: Collier County Sheriff Name (Print or Type) James Colette Date 11/13/07 Crave ' g Body I Signature:_ i Title: Chairman Collier County Commission This form it subject to he Freedom of Information Act and may be released under 5 U.S.C. 4 552. See w us du Lgov'cr n in. fain I filml or www.trcax.envJ fftt. enf f for addition.[ forma. ' Include under Justice funds shared cash, proceeds, and property received from the Drug Enforcement Admiral mion IDEA), Federal Bureau of Invenignion (FBI), U-s Agorney'a{Othe ;, U.$.rPpvpl Inepectien Service, Food end Drug Administration, end U.S. Department of Agriculture. Include under Treasury funds shared cash proceeds, end properly received from the Bureau of Alcohol Tobacco Firearms and Explosives (ATF)•, Internal R vem't service (IaS), U.S. Immigration and Customs Enforcement (ICE) U S Customs and Border Protection, U.S. Secrel5ery ce, end U.S. Covet Guard. TA Bureau of Alcohol, Tobacco Firearms and Explosives component ofthe Department offustme but ATF's equitable sharing is currently procevse llby the Department of the Treasury. lJ an1�, poAm -plyEe daII <9glably II RQ gWs:Mpg,.c d from ATF n your agency's Treasury fund CCCC4433 �rff�sAA ''VV_�SS lltt { L Attest as I, Una it °a: 0 n Federal Annual Certification Report Attachment 3. Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces Name of Law Enforcement Agenc N/A A ency Address Item Purchased Amount Received Justice Funds Treasury Funds $ 0.00 $ 0.00 N/A $ 549.99 $ 0.00 $ 0.00 $ 0.00 N/A $_ 0.00 $ 0.00 N/A 0.00 If additional space is needed, please attach additional page. Attachment ❑ Yes 0 No k. Total Spent on Other Law Enforcement Expenses If additional space is needed, please attach additional page. Attachment [Z) Yes ❑ No I. Total Transfers to Other State and Local Law Enforcement Agencies Amount Spent Item Purchased Justice Funds Treasury Funds Camcorder $ 2,990.00 $ 0.00 DVD Recorder $ 549.99 $ 0.00 LCD Ty $ 885.001$ 0.00 If additional space is needed, please attach additional page. Attachment [Z) Yes ❑ No I. Total Transfers to Other State and Local Law Enforcement Agencies If additional space is needed, please attach additional page. Attachment ❑ Yes El No m. Total Permissible Use Transfers Name of Reci Tent A enc Amount pent Justice Funds Amount Transferred Name of Law EnfotAency Agency Address Justice Funds Treasury Funds N/A $ 0.00 $ 0.00 N/A $_ 0.00 $ 0.00 N/A 0.00 N/A $ 0.00 $ 0.00 $ _ 0.00 $ 0.00 N/A $ 0.00 $ 0.00 If additional space is needed, please attach additional page. Attachment ❑ Yes El No m. Total Permissible Use Transfers Name of Reci Tent A enc Amount pent Justice Funds N/A E $ 0.00 N/H $ 0.00 N/A $ 0.00 If additional space is needed, please attach additional page. Attachment ❑ Yes .❑ No n. Total Spent on Matching Grants If additional space is needed, please attach additional page. Attachment ❑ Yes El No April 2005 Amount pent Name of Grant Justice Funds Treasu Funds N/A $ 0.00 $ 0.00 N/A $ 0.00 $ 0.00 N/A $ 0.00 $ 0.00 If additional space is needed, please attach additional page. Attachment ❑ Yes El 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) L I>em rurcnased 1Justice Funds ATreasury Funds Binoculars 2,592.00 10 Microphone /Mini - Lapel, 3 wire 1,087.50 10 Tint Meters 765.00 GPS Cellular Tracking Devices 1,206.00 GPS Cellular Tracking Devices Video Spectral Comparator - 4,824.00 Fraudulent Document Recognition Guides 25,019.00 I iomeland Security Training Guides - 5,678.00 1,700.00 Fixed Focus Magnifier & Streamlight - 4,446.19 16 ,Jg 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 hereto as follows: 1. This Agreement is entered into pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, set forth in §163.01, et seq., Fla. Stat., and is further authorized pursuant to the parties' respective home rule powers granted by the Florida Constitution. 2. The City represents that under the terms of the City Charter, the City is responsible for the conduct of all its municipal elections except 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 with 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 later than 5:00 p.m. on the fourth day preceding the election. 5. Subject to the terms of this Agreement, the County agrees to lease the following items to the City for use at the polls in its election: • 3 iVotronics with booths, including 1 ADA unit • I Compac • 1 Laptop computer • Precinct Signs with Flags • 1 Precinct file caddy and supplies • 3 Vote Here Alphabet Card sets Revised November 2007 16J9 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 iVotronic 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. 11. 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 169 • The City shall not remove the ballot tabulation equipment from the Collier County Government Center where 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 software onto the 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 Collier County Government Center. • The City's failure to comply with any of these provisions, as determined by the Supervisor, shall constitute adequate grounds for termination of this Agreement for convenience 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 solely 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 day. The City shall enforce § 102.031(4), Fla. Stat., which provides as follows: "(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 of 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 attempting to distribute any political or campaign material, leaflet, or handout; conducting a poll; seeking or attempting to seek a signature on any petition; and selling or attempting to sell any item. (c) Each supervisor of elections shall inform the clerk of the area within which soliciting is unlawful, based on the particular characteristics of that polling place. The supervisor 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 100 foot zone surrounding the polling place. " The City shall train all deputies on the solicitation within 100 feet of the polling site rule. 18. The City shall be responsible for all activity relating to any absentee ballots it chooses to provide voters for its election, including processing requests; addressing absentee envelopes; and verification of voter signatures, the Supervisor will verify signatures that are faxed to the office. Revised November 2007 16J9 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 shall 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 in 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 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, 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. All 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 lease voting units, and other supplies listed 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 $100 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) • $.15 per page for 8.5" x I I " 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 associated with manpower, equipment, postage, and any other election costs, whether or not specifically set forth in this Agreement. 28. Nothing in this Agreement relieves the City of its responsibility to develop 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. Department of Justice note an objection in its response to the Mayor's request. Further, should there be a response noting an objection which would delay or prohibit the conduct of the election, the City is not relieved of any related financial obligation owed to the County and Supervisor arising from fees, goods and services, or other costs and expenses whether or not specifically set forth in this Agreement, incurred by the Supervisor up to the time the City notifies the Supervisor in writing of the Department of Justice objection. 30. The City shall obtain an insurance policy which shall name the County as additionally insured or agree to provide coverage through the City's self - insurance and shall assure that the County will have no financial obligation which includes the City's responsibility for paying any deductible for any damages to the County's voting and ballot tabulating equipment and systems used in a City election. A copy of the City's Certificate of Insurance identifying the County as an additional insured is attached hereto as Exhibit `B." 31. In the event there is an election protest, contest, or sequestration order arising from the City's election involving any component of the County's voting system and/or equipment which would preclude its further use until the matter has been resolved by the courts, and the County has an election scheduled where the equipment must be used, the City shall make a $25,000 security deposit to Collier County within four calendar days of the issuance of the sequestration order for the tabulation component and an additional $25,000 if voting units are involved. The unused Revised November 2007 16J9 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 of the 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, t e parties ereto 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: Collier County Board of County Dwight E., Brock, Clerk 1 I . It � t is Co Ct(a ty�Clerk if0"� on1Kj Approved as to form and legal sufficiency for tba- Rounty: Sco? "Peach Managing Assistant County Attorney ATTEST: Dottie Smallwood, City Clerk City of Everglades Approved as to form and legal sufficiency for the City: City of Everglades City Attorney Commissioners i. Supervisor or Elections of Collier County Je ifer J. E i a-40 pervisor of Elections � City of Everglades City Sammy Hamilton, Mayor F # I "'J_C Revised Nnvember 9007 16 r9 Exhibit A Collier County, Florida s.19.1 SECURITY PROCEDURES for Stand Alone Municipal Elections (not scheduled concurrently with state /county dates or mail 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 it does not have nor shall it be required to provide all equipment requested. 6. If authorized by the County, the City shall arrange to pick up the leased equipment and deliver it to their polling place(s). 7. The City shall return leased County equipment to the Elections 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 ballots, the Elections Office will, prior to the canvass of votes, provide the City with records access for their verification 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 ascending precinct order. No later than the 3rd day after 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 46'h 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 Election 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, reports, ballots, postage, notices to voters, advertisements, testing of equipment, sample ballots, data processing time and supplies, delivery and pick up of equipment, records retention and labor costs, including those costs uniquely associated with absentee ballot preparation and canvassing. These costs will be the responsibility of the County and billed to the City. 14. Cost of pollworkers, feds, and polling locations shall be the responsibility for the City Revised November 2007 16J9 CERTIFICATE OF COVERAGE Certificate Holder Administrator Issue Date 11/05/07 ATTN JENNIFER EDWARDS Florida League of Cities, Inc. COLLIER GOVERNMENT COMPLEX Public Risk Services COLLIER COUNTY ELECTIONS OFFICE P.O. Box 530065 Orlando, Florida 32853 -0065 3301 TAMIAMI TRAIL EAST $1,000,000 Aggregate By Disease NAPLES FL 34112 4902 ❑ Deductible N/A COVERAGES THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT. COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0165 COVERAGE PERIOD: FROM 10/1/07 1 COVERAGE PERIOD: TO 10/1/08 12:01 AM STANDARD TIME TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY General Liability ❑ Buildings ❑ Miscellaneous ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE. ❑ Basic Form ❑ Inland Marine ® Comprehensive General Liability, Bodily Injury, Property Damage and Personal Injury ❑ Special Form ❑ Electronic Data Processing • Errors and Omissions Liability ❑ Personal Property ❑ Bond • Supplemental Employment Practice ❑ Basic Form ❑ ® Employee Benefits Program Administration Liability ❑ Special Form ® Medical Affendants'/Medical Directors' Malpractice Liability ❑ Agreed Amount ® Broad Form Property Damage ❑ Deductible N/A ❑ Law Enforcement Liability ❑ Coinsurance N/A ® Underground, Explosion & Collapse Hazard ❑ Blanket ❑ Specific Limits of Liability El Replacement Cost Combined Single Limit ❑ Actual Cash Value Deductible N/A Automobile Liability Limits of Liability on File with Administrator ❑ All owned Autos (Private Passenger) ❑ All owned Autos (Other than Private Passenger) TYPE OF COVERAGE - WORKERS' COMPENSATION ❑ Hired Autos ❑ Statutory Workers' Compensation ❑ Non -Owned Autos ❑ Employers Liability $1,000,000 Each Accident $1,000,000 By Disease Limits of Liability $1,000,000 Aggregate By Disease ' Combined Single Limit ❑ Deductible N/A Deductible N/A ❑ Automobile/Equipment— Deductible ❑ Physical Damage N /A - Comprehensive - Auto N /A - Collision - Auto N /A- Miscellaneous Equipment Other The limit of liability is $100,000 Bodily Injury and/or Property Damage per person or $200,000 Bodily Injury and /or Property Damage per occurrence. These specific limits of liability are increased to $300,000 (combined single limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768.28 (5) Florida Statutes or liability imposed pursuant to Federal Law or actions outside the State of Florida. Description of Operations /Locations/Vehicles/Special Items RE: City Elections. The Certificate Holder is hereby added as an additional insured, as respects the member's liability regarding the above described event. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE. DESIGNATED MEMBER CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS CITY OF EVERGLADES CITY WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE PO BOX 110 PROGRAM, ITS AGENTS OR REPRESENTATIVES. EVERGLADES CITY FL 31439 AUTHORIZED REPRESENTATIVE ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 ,� i TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office_ The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature. rltsw a line. thrnoah rnntivn 1; st .h mF 9A ..lere Route to Addressee(s) (List in routing order) Of rice— ....... ........................uu...v, �u.0 ,v .au,. a.,aVll Initials tllllc nJl. Date 1. V. �., �= �� jv i>( . , . , -.. v (Initial) Applicable) 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number 1 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff t�(g;.v ) Phone Number N/A (Not Contact V. �., �= �� jv i>( . , . , -.. v (Initial) Applicable) Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number 1 A roved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original Attached 1 '.'CL �-,n -x y 1. Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 04 -COA- 01037/2097 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other 2arties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. / 1� 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines 1 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 04 -COA- 01037/2097 16 i;1 MEMORANDUM Date: November 15, 2007 To: David C. Weigel, County Attorney Office of the County Attorney From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Retention Agreement, Amendment #1 Enclosed please find one (1) copy of the document, as referenced above, (Agenda Items #16K1). approved by the Board of County Commissioners on Tuesday, November 13, 2007. If you should have any questions, please contact me at 252 -8411 Thank you. Teresa Polaski, Enclosure 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 Agreement 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 Agreement). 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 to amend 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 to be provided by Garvin & Tripp in accordance with the Retention Agreement: 1. The County and Garvin & Tripp agree that attorneys, paralegals and law clerks assigned to provide legal and professional services to the County shall be compensated either as individuals or generally as follows: 1 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 f, , 2. The hourly rates for legal and professional services set forth in Paragraph 1 of this Amendment No. 1 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. 1 to the Retention Agreement, all terms and conditions of the Retention Agreement remain in full force and effect. DATE: 11 - 13 - 0"! ATTEST- HT E. BRO CLERK xc�ssi-�s��ngtnran s S igitatpr ''!in 1 oved as to' . orm and legal sufficiency �Q.OgfI David C. Weigel Co Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, F ORIDA By: JIM LET-FA, CHAIRMAN GA IN DATE: O CC-V o\�D e-- : a 0 0 I R., Its: WC{zyo ft?-y 2 STATE OF FLORIDA COUNTY OF The foregoing Amendment No. 1 to the Retention Agreement was acknowledged before �he_oc\ofrl 1r, Sc me this ? 5day of , 2007, by as '�w n e of Garvin & Tipp, P.A., a Florida Professional Association, on behalf of the professional associatio He/ e i ersonally known to me _ produced as identification. Sign o OW �s Pd* M SW of FW& W CW imi 00+96758 aw� Evkw1P/66Pm Name of Notary Public typed, printed or My Commission Expires: v ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO L THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT U /j Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (fine #5). Route to Addressee(s) (List in muting order) Office Initials Date rr 1. (�o�P�T z raGt�a(�i G�U 2Z_ 1 2. Original document has been signedlinitialed for legal sufficiency. (All documents to be o6 3. r'r { Number of Original 4. wCGwl eiv Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners Q Z 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairmnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact e t µ +11 Phone Number N/A (Not Agenda Date Item was / O Z r O7 Agenda Item Number 1 A roved b the BCC Original document has been signedlinitialed for legal sufficiency. (All documents to be o6 Type of Document r'r { Number of Original Attached wCGwl eiv Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from Q Z contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's RZ Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the NA document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Q 2 signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain Nr r time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on /0 -ZI.07 (enter date) and all changes made during the meeting have been incorporated in the attached document. The �C2 County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 4420 MERCANTILE AVENUE NAPLES, FLORIDA 34104 Phone # (239) 403 -2350 FAX # (239) 403 -2366 To: Robert Zachary From: Debbie Chinn - UBCS Fax: Pages (Including Cover Sheet) Phone: Date: Re: Choice Environmental Documents CC: ❑ Urgent ❑ For Review ❑ Please Comment Please Reply ❑ Please Recycle Robert: Enclosed find the signed and witnessed Consent to Assignment of Agreement. Also attached is the Performance Bond. Choice has stated the Bond will be executed when Choice receives a signed Agreement with the County. Debbie Chinn Jll�� H lag V a ' C7 � c c.n Consent to Assignment of Agreement "Franchise Agreement Between Collier County and Immokalee Disposal Company, Inc., for Solid Waste, Recyclable Materials, and Yard Waste Collection Services" This Consent, dated October jZl, 2007, and executed by the Board of County Commissioners of Collier County, Florida, (hereinafter ('BCC') hereby consents to the assignment of an Agreement dated November 10, 2005, which became effective on October 1, 2005. The title to the Agreement is "Franchise Agreement Between Collier County and Immokalee Disposal Company, Inc., for Solid Waste, Recyclable Materials, and Yard Waste Collection Services." Statement of Understanding Re: The Franchise Agreement was approved by the BCC on November 8, 2005 (Agenda Item 10A). The Franchise Agreement, is by and between Collier County, Florida (the "Franchisor ") and the Immokalee Disposal Company, Inc., (the "Franchisee "). The Franchise Agreement has been conditionally assigned from the Immokalee Disposal Company ( "Immokalee ") to Choice Environmental IdDServices Assum of � nc., a Florida for profit corporation, ( "Choice ") by the one -page "Assignment and ption et dirt" dated June 15, 2007, attached hereto as 'Exhibit A," which conditional assignment is expressly subject to this Consent from the BCC. The BCC hereby consents to the attached Assignment and Assumption Agreement. The Assignment operates as a novation with regard to Immokalee, whereby Immokalee is hereby released from liability under the Franchise Agreement from and after the effective date of this Consent in return for assumption by Choice of all rights and duties of Immokalee, and whereby Choice becomes the "Franchisee" and whereby Collier County becomes the "Franchisor." As required by Paragraph 24 of the Franchise Agreement ( "Transfer of Ownership ") Choice hereby verifies that it will comply with all of the requirements in the subject Franchise Agreement being assigned and that Choice has the financial resources, expertise, equipment and other capabilities necessary to do so. A copy of the Performance Bond required by Paragraph 22 of the Contract is attached hereto as Exhibit B." IN WITNESS WHEREOF, Collier County and Choice Environmental Services of Florida, Inc., each, respectively,: bysts yspective undersigned authorized representative, has hereunder executed this Consent to A.id, igtS"#tpn the dates specified below. ATTEST: DWI T E,BROCK,, LEnRK y , BOARD OF COUNTY COMMISSIONERS Qti�Sci i`irsKI ; Deputy Clerk COLLIER CO TY, FL RID A`te5.t t5 t0 Cltttlr"A Byi ME , ` ffian CHOICE, EII VVIIRONM TA,LS /EnRVICES OF COLLIER, INC By: Signature (Authorized Representative) Will Co wd eu C-0. C) Name and Title DWM: JULY 23, 2011 wwwAawaMmMram �a oho f7 .3 la, S b .-a v x r o ie O a w rr 00 v r s p c� m x n y O A �N mo �M 0 x O G, :t n as tim Date: Ille/a -7 ATTEST ON BEHALF OF THE CORPORATION: By: K: c', _-_--P Witness I <eNNC.T4 tL SwA =I� Printed Name t I I e i -1-- 1-7 Approved as to form and Legal suf '?Z- Robert S� Robert Zacha , Assistant County Attorney 3 j' A i9 9 .P w 0 w b w v-� 0 0 ASSIGNMENT AND ASSUMPTION AGREEMENT This AGREEMENT made and entered into this K day of,, 2007, by and between Immokalee Disposal Company, Inc. ( "Immokalee ") and Choice Environmental Services of Collier, Inc. ('Choice "). WHEREAS, Immokalee has entered into and is the holder of a certain franchise agreement issued by the County of Collier, Florida for the collection and disposal of solid waste in Collier County, Florida (the "Agreement "), and WHEREAS, as part of the sale of certain assets pursuant to a certain Asset Purchase Agreement dated March 13, 2007 between Immokalee and Choice, Immokalee and Choice are desirous of Immokalee assigning all of its right, title and interest in and to the Agreement to Choice and subject to the approval of said assignment by the Board of County Commissioners, Collier County, Florida. Choice is to assume all of Immokalee's duties and obligations relating to future performance of the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, for other good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, the parties hereto agree as follows: 1. Immokalee hereby assigns and transfers to Choice all of its rights, title and interest in and to the Agreement. 2. Choice hereby assumes all duties and obligations of Immokalee relating to future performance under the Agreement and agrees to discharge and perform such duties and obligations. 3. This Assignment and Assumption Agreement shall be binding upon the parties, and their respective heirs, successors and assigns. 4. Immokalee and Choice understand and acknowledge that the assignment contemplated by this Assignment and Assumption Agreement is of no force and effect unless and until the assignment of the Agreement is approved and authorized by the Board of County Commissioners, Collier County, Florida. IN WITNESS WHEREOF, This Assignment and Assumption Agreement has been executed as of the date and year first written above. Witness IMMOKALEE DISPOSAL COMPANY, INC. Title: f Witness CHOICE ENVIRONMENTAL SERVICES OF IJCW COLLIER, C y: Itla: FJCHIBIT 0 .a w 0 w �v w 0 10- 17 -'07 15:28 FROM- 5 EXHBrr.vw PERFORMANCE BOND FOR FRANCHISE AGREEMENT T -619 P003/004 F -368 J f� CONTRACTOR (PRINCIPAL) COMPANY (LEGAL NAME): Choice Environmental Services of Collier, Inc. PRINCIPAL BUSINESS ADDRESS: 120 Jefferson Avenue, Immokalee, FL 34142 TELEPHONE NUMBER: 299- 657 -2729 SURETY COMPANY (LEGAL NAME): Lexon Insurance Company PRINCIPAL BUSINESS ADDRESS (No POBox): 10002 Shelbyville Road, Suite 100 TELEPHONE NUMBEW 502 -253 -6568 Louisville, KY 40223 O"eR(OBLtow NAME: Cdler Cotmry Board of County Cornmisibnem PRINCIPAL BUSINESS ADDRESS: 9901 Temismi Trey, Nettles, Fbride 34112 TELEPHONE NUMBER: (230) 774067 CONTRACT DETAILS DATE EXECUTED: AMOUNT: Two Hundred Twenty Thousand Five Hundred Eighty -Four Dollars ($220,584.00) GENERAL DESCRIPTION: Franchise Agreement for Solid Waste, Recyclable Materlats, and Yard Trash CoPeellon Barvlcael BOND BOND NUMBER.' 1023328 DATE: October 17, 2007 AMOUNT: Two Hundred Twenty Thousand Five Hundred 6lghty -Four Dollars ($220,584.00) KNOW ALL MEN BY THESE PRUENT8: That Pdndpal, harvIraRsr celled Contractor. and Sur*. as IdeoMed above, are bard to the Board of County Cot mlubnars of CoANr County, FlorMa, are ObNpea, horekor w atNed the Carly, In the amount Identftd above, for iM payment whored Contractor and Surety bind I!Wna4type, their heirs, axaattore, admhsbslaa. succemors and sestgna, JoInVy and severely. 1 ore O .sue w O w w [r a h� 10- 17 -'07 15:28 FROM- T-619 P002/004 F -368 16 1' 6 WHEREAS. Contractor has by written agreement entered into a contract, identified above. with GRIMM dBOUNISIVIN 800 by 10OFMA811 I 00de a Fall a WOOF, as d 10 the purposes of !!if$ Bold are hereafter refarred to an me "Contratr: THE CONDITION OF THIS BOND Is that If Contractor: 1. perform$ the Contfact between Contractor and County, at the Hines and in the manner prescribed in the Contract. and 2. pays County all tosses, damages, including liquidated damages and demsges caused by delay. expenses, costs and abamays fees including appellate proceedings, that County sustains as a result of default by Contrecror under the Contract; and 9. parforms the guarantee of all wok and materials furnished under the Contract for fns time specified in the Contract; than THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and is doctored by County to be. in default under the Contract, and County having performed County's obligations thereunder, the Surat' may promptly remedy the default, or span promptly. 1. complete the Contract In accedence with its terms and condiliorls; or 2. obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon determination by Suraty of the lowest responsible bidder, or, it County eledis, upon dWsrmination by County and Surety jointly of the lowest responsible bidder, arrange for a contract between such Bidder and County, and make available as work progresses sufhciem funds, paid to County. to pay the cost of completion and ocher Costs and damages for which the Surety may be liable hereunder. No right of action shell accrue on this bond to or for the Use of any person of corporation other man the County named harsh. The surety hereby walvas notice of, and agrees that any changes In or under the Conract, and compliance or noncompifence with any formalities connected with the Contract or the changes do not affect Surety s obligation under Into bond. Signed and seated this 17th day of October, 2007. CONTRACTORtPgTJN¢3")Cho Environmental Services of Collier, Inc. SIGNATURE: (/ // LL,,�6 / /(L / /��_ //��/rd��/�r� CORPORATE SEAL PRINTED NAME AND TITLE: C'0- O SURETY Lexo Insurance Company SIGNATURE _GU lc r SEAL PRINTED NAME AND TITLE: .t- H. Hartin ATTORNEY IN FACT, 20(2 9 .P w 0 w 'L w c Tr 0 w 10- 17 -'07 15:28 FROM- 1 6 N 6 T -619 P004/004 F -368 POWER OF ATTORNEY Lexon Insurance Company >.x - 31 KNOW ALL MEN BY THESE PRESENTS. that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville. Kontucky, does hereby constitute and appoint; ._... o u.. _.. .._ —. r r ---- w 11 - 1 1 0.u V.,w %I. kh, ems, ^A %t Lhmtl4v "" Jason D Cromwell. lamer if. mailin, Sandra K Rarper, Mynie F. limn. Julie Radww,, Virginia L. Woolridge, Deborah Neichur'••• " " "'" Ils 'roc and lavAll Allomey(s)-In -Fact to make, execute, seal and deliver for, and on its behad as surety, any and all bonds. undertakings or ocher writings obligatory in nature of a bond. This aulhority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on ilia ls: day of July. 2003 as follows: Resolved that ilia President or the Company is hereby authonzcd to appoirl and empower any representative of the Company or other person or persons as Attorney.ln -Fact to execute on behalf M die Company any bonds, Oldurlakings, policies, Walfar is Or indemillty o: other writings obligatory in nature or a bond not to exceed $2,500,000.00. Two - minion live hundred thousand dollars. which the Company (nigh; exec -jle lhmugh its duly elected officers. and atrx The coal of the Company thereto. Arty said execution of such documents by an AHomeyln -Fact seal; be as binding upon Ilia Company its if they had been duly executed and acknowledged by the regularly elected officern of the Company. Any Adorneydn -Fact: so appointee, may be removed for good cause and the authority so granted may be revoked (l6 specihed tit ;ha Power of .Allonley. iwiveC, Thal ;he fugnature of Ine President and the seal of the Company may be affixed by facsimile on any power M attorney granted, 611(1 the signature of the Vice President, and me seal pt the company maybe affixed by tacsimire lo any certificate of any such power :Ind any such power co certificate bearing such facsimile signature and seal shall be valid and binding Oil the Comparry. Any such power so oxeerncd and seoied aid caft,ficaia so executed and scaled ShAli, with respect to any bond of undertaking to which it is attached, conlinue to be Valid arid binding on the Company IN WITNESS THEREOF, LEXON INSURANCE COMPANY has Caused Ihis instrument to be signed by its President, and its Gr)rporase Seal to be affixed this 2nd day of Judy, 2003, A TEXAS INSURANCE COMPANY ACKNOWLEDGEMENT LEXON INSURANCE COMPANY David E. Campbell Pres dem On Ihis Ird day of July. 2003, oelore me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is ihe- President bf LEXON INSURANCE COMPANY, the corporation described in a1Kl which executed lite ai inStrualent: that he 0XrV :tju d gaud insttument en behalf of the corporallon by aulhdrk-f of his office under the By -laws of said corporation. uOFFICIAL SEAL" MAL -REEN K. AVE Nota*y Public, State of Illinois My Commission Expim 09121/09 _ Maureen K. Aye CERTIFICATE Notary Public I, the undersigned. Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company. DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy. is in full force and effect and has not been revoked and the rosoutionS as set forth are now in force. Signed aIW Sealed at Lombard, Illinois this „._17th Day of Oc sober 20 07 A3 INSURANC TEXAS .Vy V1„r,py COMPANYe Donald 0. Buchanan Secretary 0 r� w 0 w "'l7 W c--si O .P, ��rr 16K6 if EXHIBIT V(B) PROCEDURE FOR CALCULATING PERFORMANCE BOND REQUIREMENT 1. The annual Performance Bond due to the County from the Contractor is calculated as: One half the annual value of the Residential Collection Service authorized under the Agreement = Performance Bond Required 2. Sample Calculation of the Performance Bond requirement Hypothetical 16t Year Annual Residential Collection Service Cost $6,500,000 Times 50% X 50% Annual Performance Bond Requirement = $3,250,000 0 w 0 w w ' cs� ' 0 cr 1 17A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) A**Rtit *t#k *t*** 4444**** f* t*4 R# t************ t*# t** 1** tRR**** #44*iR #tk*#411f *4#4144t*t4t * *4f 11144if **f Originating Dept/ Div: Comm.Dev.Serv./ Planning Person:John -David Moss Date: A Petition No. (If none, give brief description): VA- 2007 -AR- 11778, Gene Silguero Variance 10[ /� ,r/ Petitioner: (Name & Address): GMC Home Builders, Gene Silguero, 1434 Botanical Drive V/I`W�y� Immokalee, FL 34142 Name & Address of any person( e notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC Other Re quested Hearing date: November 13, 2007 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Sim: Petition: VA- 2007 -AR- 11778. Gene Silguero of GMC Home Builders, representing himself, is requesting an after - the -fact Variance from the minimum 25 -foot front yard setback requirement for the Residential Multifamily -6 (RMF -6) Zoning District as provided for in Section 4.02.0 t.A. Table 2.1 of the Land Development Code. The 0.34± acre site contains a single - family dwelling that is currently under construction and has a 23.6 -foot 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. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs 131- 138326 - 649100 Reviewed by: Approved by: Da artment Head —Date �� County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. R*#i i# f*# *IfRiRRRRRRRt *Rh4 }R4RR }4R4RRf*t RR4RRR#4 i*#* tiRR#**# R4# t** 4* t* *t4ik44k441R4RY4RRt4 *RR **** *4iR FOR CLERK'S OFFICE USE ONLY: , Date Received: 10 i- %Date of Public hearing: �� 13 Date Advertised: f u IL -/- RESOLUTION 07 - I � 4 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- 2007 -AR- 11778, FOR AN AFTER -THE -FACT VARIANCE OF 15 INCHES FROM THE MINIMUM 25 -FOOT FRONT YARD SETBACK REQUIREMENT, FOR A SINGLE - FAMILY HOME CURRENTLY UNDER CONSTRUCTION IN THE NEWMARKET SUBDIVISION, IN IMMOKALEE, 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 Development 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, due to a surveying error, Petitioner is constructing a single family house on a 0.34± acre site with a 23 -foot, 9 -inch front yard setback as shown on the attached plot plan "A," which is 15 inches short of the required 25 foot setback for this RMF -6 Zoning District, as provided by Section 4.02.01.A. Table 2.1 of the LDC; and WHEREAS, the Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of the requested after -the -fact variance of 15 inches from the minimum 25 -foot front yard setback requirement, and has found as a 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 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition VA- 2007 -AR- 11778, filed by Gene Silguero of GMC Home Builders, with respect to the property described as Block 19, Lot 6, of the Newmarket Subdivision located in hnmokatee, in Collier County, Florida, be and the same hereby is approved for an after- the -fact variance of 15 inches from the minimum 25 -foot front yard setback requirement for the Residential Multifamily -6 (RMF -6) Zoning District, as provided for in Section 4.02.0I.A., Table 2.1 of the LDC, subject to the conditions contained in Exhibit "B" Page 1 of 2 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2007 -AR -11778 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of 2007 ATTEST: DWIGHT E. BROCK, CLERK By: -, Deputy Clerk Apprcyed as to form and l al fide cy: Jeffre . Klatz w Mana ng Assis t County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY. FLORIDA M2 Page 2 of 2 JAMES COLETTA, CHAIRMAN z too W �Wa�O Pal l.11 a U yl �y 4� 0 ma fill! 21 �� ;1P z6, CM 0 w a z a� Y o " w S 4` 7� 3 Q R 4 9 V E i aa 1 Illllli s ICY 17A F 4 8o a €� Q o E. R ° z 0 ma fill! 21 �� ;1P z6, CM 0 w a z a� Y o " w S 4` 7� 3 Q R 4 9 V E i aa 1 Illllli s ICY 17A l ?q COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) * k******* k**** k******* k**** k***** k*** kk****************** k************ * * * * * * * * * * * * * * * * *k * * * * * * * * * * * ** Originating Dept/ Div: Comm.Dev.Serv./ Planning Person:Iohn -David Moss Date: /� / /O Petition No. (If none, give brief description): VA- 2007 -AR- 11778, Gene Silguero Variance 10[ // Petitioner: (Name & Address): GMC Home Builders, Gene Silguero, 1434 Botanical Drive Immokalee, FL 34142 Name & Address of any persons be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: November 13, 2007 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: VA- 2007 -AR -11778 Gene Silguero of GMC Home Builders, representing himself, is requesting an after -the -fact Variance 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± acre site contains a single - family dwelling that is currently under construction and has a 23.6 -foot 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. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 131- 138326 - 649100 Reviewed by: De artment Head Date List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: RESOLUTION 07 - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- 2007 -AR- 11778, FOR AN AFTER- THE -FACT VARIANCE OF 15 INCHES FROM THE MINIMUM 25 -FOOT FRONT YARD SETBACK REQUIREMENT, FOR A SINGLE - FAMILY HOME CURRENTLY UNDER CONSTRUCTION IN THE NEWMARKET SUBDIVISION, IN IMMOKALEE, 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 Development 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, due to a surveying error, Petitioner is constructing a single family house on a 0.34f acre site with a 23 -foot, 9 -inch front yard setback as shown on the attached plot plan "A," which is 15 inches short of the required 25 foot setback for this RMF -6 Zoning District, as provided by Section 4.02.0l.A. Table 2.1 of the LDC; and WHEREAS, the Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of the requested after - the -fact variance of 15 inches from the minimum 25 -foot front yard setback requirement, and has found as a 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 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition VA- 2007 -AR- 11778, filed by Gene Silguero of GMC Home Builders, with respect to the property described as Block 19, Lot 6, of the Newmarket Subdivision located in hnmokalee, in Collier County, Florida, be and the same hereby is approved for an after- the -fact variance of 15 inches from the minimum 25 -foot front yard setback requirement for the Residential Multifamily -6 (RMF -6) Zoning District, as provided for in Section 4.02.0l.A., Table 2.1 of the LDC, subject to the conditions contained in Exhibit `B." Page 1 of 2 17A BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2007 -AR -11778 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of '2007. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk and J as to form County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Page 2 of 2 amp Z,.g 76 oo Bo° g p� o Y P Q €� e < gn3A "jam 9g HIR uo 51 °B ja z o w 20 Nw �86; of 8w bga ;a�Ya p zo do LL�m� u .X Gx� dq0 z rc i a= � -8 oc � H sa ° Ow °3 a z € .11119 4414 0 o/�odo b\ ' nAv tTy 90 .\ o0 o \ \ \ 'SO \ \ \\ YYs 0 a 9 w � a w� / m �\ s \ J Fa',I7. 59 F F a 9 e�sao��e z a,� @ea��s��G WN l G A w J ?A October 17, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Petition VA- 2007 -AR- 11778, Gene Silguero Variance Dear Legals: Please advertise the above referenced petition on Sunday, October 28, 2007 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O./Account # 131-138326-649100 NOTICE OF PUBLIC HEARING 1• 4 Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, November 13, 2007, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- 2007 -AR- 11778, FOR AN AFTER - THE -FACT VARIANCE OF 15 INCHES FROM THE MINIMUM 25 -FOOT FRONT YARD SETBACK REQUIREMENT, FOR A SINGLE - FAMILY HOME CURRENTLY UNDER CONSTRUCTION IN THE NEWMARKET SUBDIVISION, IN IMMOKALEE, ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA, The Board will consider Petition VA- 2007 -AR- 11778, Gene Silguero of GMC Home Builders, representing himself, is requesting an after - the -fact Variance 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 +/- acre site contains a single- family dwelling that is currently under construction and has a 23.6 -foot 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. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk I ?A -County of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY tOURTf OUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044`, NAPLES, FLORIDA`Tg101 -3044 October 17, 2007 GMC Home Builders Gene Silguero 1434 Botanical Drive Immokalee, FL 34142 174 if k. Clerk of Courts Accountant Auditor Custodian of County Funds RE: Notice of intent to consider a Resolution: VA- 2007 -AR- 11778, Gene Silguero Variance Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 13, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 28, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Polaski, Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- wwwx1er1k.co11ier.fl.us Email- collierclerk (a)clerk.collier.fl.us Teresa L. Polaski To: legals @naplesnews.com Subject: VA- 2007 -AR -11778 Attachments: VA- 2007- AR- 1 1778.doc; VA- 2007- AR- 1 1778.doc Legals, Please advertise the following on Sunday October 28, 2007. Thank you Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239- 252 -8411 (Teresa.Polaski @co I I ierclerk.com) 1 J?4 4 VA- 2007 -AR -11778 VA- 2007 -AR -11778 .doc(28 KB) .doc(28 KB) Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239- 252 -8411 (Teresa.Polaski @co I I ierclerk.com) 1 J?4 Teresa L. Polaski From: postmaster @collierclerk.com Sent: Thursday, October 18, 2007 9:11 AM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT03368.txt, VA- 2007 -AR -11778 L LJ ATr03368.txt (231 VA- 2007 -AR -11778 B) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 VA- 2007 -AR -11778 Page 1 of 1 Teresa L. Polaski 1 ?4 From: Perrell, Pam [PPerrell @Naplesnews.com] Sent: Thursday, October 18, 2007 9:18 AM To: Teresa L. Polaski Subject: RE: VA- 2007 -AR -11778 [2 From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.com] Posted At: Thursday, October 18, 2007 9:11 AM Posted To: Legals - NDN Conversation: VA- 2007 -AR -11778 Subject: VA- 2007 -AR -11778 Legals, Please advertise the following on Sunday October 28, 2007. Thank you «VA- 2007- AR- 11778.doc>> «VA- 2007- AR- 11778.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 (Teresa.Polaski @co I I ierclerk.com) 10/18/2007 NAPLES DAILY NEWS Published Daih Naples. FL 34102 Affidavit of Publication State of Florida County of Coll icr Before the undersigned IhcN scnc as theaWhoril%. personallt appeared B. I_mib. N%ho on with sms Ihmi the% SC INC a:; the iAssistanl Corporate Scciclan- of the Naples Dail%, a t.loih neNN,,papci published al Naples. in C'ollici Couno. Flown. distributed in Collier and Lec counties of Florida: that the attached cop% of the ad%enising_ being a PUBLIC NOTICE iu the matter of PUBLIC NOTICE Ncas published in said nci%spaper Itinles in the issue on Oclobcr 28"'.21107 Al iunl further sa.z Jtit the said Naples DwIN Acas is a neNcspapa P111111111111 dt AaplL,. m seid Colli r Cmntc, 1'lorida, and that the emd nett. pans has htremlorc been mntittuousk puhlishcd in snid Collicr Counts. Ilrrtill,I distributedm Collier and I,ce counties of IJenda. each das and has been cnloed ae urond clac,a mail mancr .tl the post ott! %, m V'uplos. in stud Collicr Counts. Florida. for a pcnod of 1 Fear noV pracedi t the Ilrnt publication or llte attached cops of i dsal i IL III sill, and alli:utt Iunhcr sa, s that he ha c neither paid nor promised .tits peeum. limt or corporrnion in discount, rchalc. comnunsion or round for the putp"se of ,cuonp this ads 7tisamun IFtr puhliwb //n //in the .aid nu, spnper. 1 Slgnalt11 of :24Va . -.. -- — SlADI'll to and subscribed before Inc This 7_R" [)a% of Oclober 7007 1 Signah rc of n N puhli +A'" JUDYJANES .$�ryry,,A�� ` Commission DD 675029 zg," Expires May 16, 2011 FEI �9- 2�78?P 'R,,.�", &,,*i A. TM, Fem tames -7019 VA-2004-AR-11718 NOTICE OF PUBLIC HEAGR114G glatothe Be&% CoiirBl' Bulldinp, Collier County GppovernmTent Cnentreerr,, l 4.00 Flab klwb!• ®rTK t I7A on BOARD I COkLIER COUNTY, LAMES COIETTA, CHAIR - DWIGHT E. B'ROCK. CLERK 8 : Teteas p0lukt, Dep- uty Clerk =5i Lx No 1616936 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1;7A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines 91 through 94 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through 94, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. ,�iv., Contact (Initial) D 1. 0 Agenda Date Item was 3. % Approved the BCC d 4. 1 Type of Document © I 3 5. Sue Filson, Executive Manager Board of County Commissioners Attached 6. Minutes and Records Clerk of Court's Office �(J PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is pp c S Phone Number 2-3 7 Contact (Initial) D 1. 0 Agenda Date Item was Agenda Item Number % Approved the BCC d 1 Type of Document © I 3 Number of Original �I // r Attached Documents Attached c[Yu INSTRUCTIONS & CHECKLIST 717L5 1: Fortes/ County Fomis/ BCC Fortes/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from or64n. contracts, agreements, etc. that have been fully executed by all parties except the BCC �(J Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our de lines! 6. document was approved by the BCC on r ate) and all changes 1The made during the meeting have been incorporated in th attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Fortes/ County Fomis/ BCC Fortes/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17A MEMORANDUM Date: November 16, 2007 To: John -David Moss, Principal Planner Zoning and Land Development Review From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -321: VA- 2007 -AR -11778 Enclosed please find one (1) copy of the document as referenced above, (Agenda Item #17A), which was adopted by the Board of County Commissioners on Tuesday, November 13, 2007. If you have any questions, please call me at 252 -8411. Thank you. Enclosure J?A RESOLUTION 07 -321 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- 2007 -AR- 11778, FOR AN AFTER -THE -FACT VARIANCE OF 1.4 FEET FROM THE MINIMUM 25 -FOOT FRONT YARD SETBACK REQUIREMENT, FOR A SINGLE - FAMILY HOME CURRENTLY UNDER CONSTRUCTION IN THE NEWMARKET SUBDIVISION, IN IMMOKALEE, 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 Development 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, due to a surveying error, Petitioner is constructing a single family house on a 0.34± acre site with a 23.6 -foot front yard setback as shown on the attached plot plan "A," which is 1.4 feet short of the required 25 foot setback for this RMF -6 Zoning District, as provided by Section 4.02.01.A. Table 2.1 of the LDC; and WHEREAS, the Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of the requested after- the -fact variance of 1.4 feet from the minimum 25 -foot front yard setback requirement, and has found as a 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 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition VA- 2007 -AR- 11778, filed by Gene Silguero of GMC Home Builders, with respect to the property described as Block 19, Lot 6, of the Newmarket Subdivision located in Immokalee, in Collier County, Florida, be and the same hereby is approved for an after - the -fact 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 4.02.0l.A., Table 2.1 of the LDC, subject to the conditions contained in Exhibit `B." Page I of 2 1?4 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2007-AR-1 1778 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of N& +, 2007. ATTES;I': DWIGU7, "Ejj OCK, CLERK B Attest as Ca'ciClerk si9natwrt o�1�:; <, M Appro d as t f and le I s i c Jeffrey Kh zkow Managi As stant County Attorney BOARD OF ZONING • • COLLIER • FLORIDA — C fRMAN Page 2 of 2 Itzm# . 1 -7 A Odle rtl,t�l� ®��p »A °fs;�joo amore A� R� �ego�ngoa�� "o g S g ' 4 4 3� 88 e 7%z x :r i o� \ S \ r, yq Tel a tiu� mN k INS O � i li .' z ]lm11► / \ . , / kR p \ \ rA\ . 'ct z r 5N pE� IC �r rn 8 o Y, 4 P N 9, P Qp om C,c €P oN 8F y yo o C4 mz �,r Vi=a =e.. o �P 12 2 on aN G Pao op r o z o ma g App a m =o m xm d� R�^� z Ccopa ° Ago g$ 99Ao u � T y� �yb l ® o - p= _ o m .ZD/ m� �p ` z AS yoA. G1 o Y, x N z £a AF` .°� g o04 0 `o oCvl 4a� � o 3UF o I. N > c o ti R 3 TT p' l7 CONDITIONS OF APPROVAL VA- 2007 -AR -11778 1. The Variance is limited to a 1.4 -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. Exhibit B COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: �' moi ✓ r 1 rat l�` lib Originating Dept/ Div: Comm.Dev.Serv. /Comprehensive Planning Person: Marcia R. Kendall Date: 10125/07 Petition No. (If none, give brief description) Immokalee Master Plan Visioning Committee. Petitioner: (Name & Address): N/A Name & Address of any persons) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before XXX BCC BZA Other Requested Hearing Date: November 13 .2007 Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: See Attached ❑ Legally Required Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes ❑ No If Yes, what account should be charged for advertising costs: 186- 138324- (??? 644100) -00000 Reviewed by: Approved by: Division Head Date List Attachments: Advertisement Request and Map County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. n: r+ ��. �++ ��e• �. ��: w>.♦ �, t+ xxxrt�« ��. ��. �+ a. �. �+>, ta. ��+ ��. ��. �+ ��x��+ a : + +�e. « < +a� +a�+ «�� +a• +• «�a +��• FOR CLERK'S OFFICE USE N—j-: Date Received: 1y+7,S1 -07 Date of Public hearin g �l Date Advertised: q 07 178 November 13, 2007 BCC Public Hearing Advertising Requirements Please publish the following Advertisement on Friday, November 2, 2007 and furnish proof of publication to Marcia R. Kendall, Comprehensive Planning Department, Community Development & Environmental Services, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement may be placed in that portion of the newspaper where legal notices and classified advertisements appear. 17b Notice is hereby given that on TUESDAY, November 13, 2007 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the adoption of the following County Ordinance, for the extension of the Immokalee Master Plan Visioning Committee for 2 years. The meeting will commence at 9:00 A.M. The Title of the proposed ordinance is as follows: ORDINANCE NO. 07- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION SIX OF ORDINANCE NO. 04 -62, IN ORDER TO EXTEND THE TERM OF THE IMMOKALEE MASTER PLAN VISIONING COMMITTEE TO DECEMBER 31, 2009; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed plan are available for inspection at the Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department (239- 403 -2400) Written comments filed with the Comprehensive Planning Department prior to November 13, 2007 will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement Yellow Ship w /copies was forwarded (Display Adv., location, etc.) to County Managers Office on 10/25/07 Interoffice mail Electronically forwarded also on 10/25/07 x***** x***** xxx*#** xx # * * * # ***x # * * *xx *xxxxx *x #xxxxx *# M. Kendall * *xx Originating Dept/ Div: Comm.Dev.Serv. /Comprehensive Planning Person: Marcia R. Kendall Date: 10/25/07 Petition No. (If none, give brief description) Immokalee Master Plan Visioning Committee. Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before XXX BCC BZA Other Requested Hearing Date: November 13, 2007 Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: N/A ❑ Legally Required Does Petition Fee include advertising cost? X Yes ❑ No If Yes, what account should be charged for advertising costs: 186- 138324- 649100 -00000 Revi ed bR✓C� 10-2S--07 Division Head Date List Attachments: Advertisement Request and Map Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: November 13, 2007 BCC Public Hearing Advertising Requirements Please publish the following Advertisement on Friday. November 2. 2007 and furnish proof of publication to Marcia R. Kendall, Comprehensive Planning Department, Community Development & Environmental Services, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement may be placed in that portion of the newspaper where legal notices and classified advertisements appear. 1 ?a Notice is hereby given that on TUESDAY, November 13, 2007 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the adoption of the following County Ordinance, for the extension of the Immokalee Master Plan Visioning Committee for 2 years. The meeting will commence at 9:00 A.M. The Title of the proposed ordinance is as follows: ORDINANCE NO. 07- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION SIX OF ORDINANCE NO. 04 -62, IN ORDER TO EXTEND THE TERM OF THE IMMOKALEE MASTER PLAN VISIONING COMMITTEE TO DECEMBER 31, 2009; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed plan are available for inspection at the Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department (239- 403 -2400) Written comments filed with the Comprehensive Planning Department prior to November 13, 2007 will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) 178 ORDINANCE NO. 07- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION SIX OF ORDINANCE NO. 04 -62, IN ORDER TO EXTEND THE TERM OF THE IMMOKALEE MASTER PLAN AND VISIONING COMMITTEE TO DECEMBER 31, 2009; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 28, 2004, the Board of County Commissioners adopted Ordinance No. 04 -62 which re- established the Immokalee Area Master Plan Restudy Committee as the Immokalee Master Plan and Visioning Committee (IMPVC) for the purpose of assisting County staff with the monitoring and implementation of the Immokalee Area Master Plan and land use regulations that affect various Immokalee zoning districts; and WHEREAS, Section Six of Ordinance No. 04 -62 provides for dissolution of the IMPVC and repeal of the Ordinance upon the earlier of: 1) conclusion of its services to staff; or 2) the adoption of the 2007 cycle of the Growth Management Plan Amendment for the Immokalee Area Master Plan, but no later than December 31, 2007; and WHEREAS, the IMPVC has requested that the Board of County Commissioners extend the December 31, 2007 deadline so it may complete the functions and duties set forth in Ordinance No. 04 -62. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION SIX OF COLLIER COUNTY ORDINANCE NO. 04 -62. Section Six of Ordinance No. 04 -62 is hereby amended to read as follows: SECTION SIX: DISSOLUTION OF THE COMMITTEE; REPEAL OF ORDINANCE. 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 for the Immokalee Area Master Plan, whichever is earlier. The Committee shall thereafter dissolve itself and this Ordinance shall be automatically repealed. Dissolution and repeal shall be not later than December 31, 200-7 9. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance' may be changed to "section," "article," or any other appropriate word. Words underlined are added; words stfuek through are deleted Page I of 2 17B SECTION THREE: 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 the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a majority vote of the Board of County Commissioners of Collier County, Florida, this day of _ 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: _ Deputy Clerk JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: 000 w.'. MarjoA M. Student - Stirling Assistant County Attorney Words underlined are added; words stmek dweugh are deleted Page 2 of 2 Line Item Advertisement Request - Immokalee Master Plan Visioning Committee Extensi... Page 1 of 1 Patricia L. Morgan 17 From: kendall_m [MarciaKendall @colliergov.net] Sent: Thursday, October 25, 2007 10:06 AM To: Minutes and Records Cc: Cohen, Randall, GreenwoodThomas, Brock, Mary Subject: Line Item Advertisement Request - Immokalee Master Plan Visioning Committee Extension Resolution Attachments: Immokalee Advisory Advertisement - BCC 11.13.07.doc, Ad Req. Slip For IMPVC Extension Request Ad.doc Please be advised that hard copy will be forwarded to both County Managers office and Clerks office via Interoffice Mail. Also note that we will be billing this to a diffierent fund (186 - Immokalee) and cost center (138324 - Immokalee). The full budget account number will be provided on the Yellow Slip (and white copy) for processing purposes. I'm waiting for that number from Budget. Therefore, please process per request (acknowledge receipt please) and the full account number to be billed will be provided to you in the Interoffice hard copies. Thank you. «Immokalee Advisory Advertisement - BCC 11.13.07.doc>> <<Ad Req. Slip For IMPVC Extension Request Ad. doc>> Marcia R. Kendall, Senior Planner Comprehensive Planning Department Phone 239 - 403 -2387 Fax: 239 - 213 -2946 Email. marciakendall@colliergov.net "To Exceed Customer Expectations" 10/25/2007 178 October 26, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Immokalee Master Plan Visioning Committee Dear Pam: Please advertise the above referenced notice and map one time on Friday, November 2, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Should you have any questions, feel free to contact me at 252 -7240. Sincerely, Martha Vergara, Deputy Clerk P.O. /Account# 186 - 138324 - 649100 Page 1 of 1 Martha S. Vergara From: Ferrell, Pam [PPerrell @Naplesnews.com] Sent: Friday, October 26, 2007 3:44 PM To: Martha S. Vergara Subject: RE: Immokalee Master Plan Visioning Committee Ext. OK From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Posted At: Friday, October 26, 2007 3:34 PM Posted To: Legals - NDN Conversation: Immokalee Master Plan Visioning Committee Ext. Subject: Immokalee Master Plan Visioning Committee Ext. Pam, Here is an ad for you... Have a great weekend! Thanks, Martha Vergara Deputy Clerk II - BMR 252 -7240 10/26/2007 NOTICE Notice is hereby given that on TUESDAY, Ni Naples Daily News Classifieds Page 1 of I NOTICE Notice is hereby given that on TUESDAY November 13 2007 In the Boardroom End Floor Administration Building Collier County Government Center 3301 East Tamiami Trail Naples Florida the Board of County Commissioners will hold a Public hearing to consider the adoption of the following County Ordinance for the extension of the Immokalee Master Plan Visioning Committee for 2 years. The meeting will commence at 9:00 A.M. The Title of the proposed ordinance Is as follows. ORDINANCE NO. 07 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA AMENDING SECTION SIX OF ORDINANCE NO. 04 -62 IN ORDER TO EXTEND THE TERM OF THE IMMOKALEE MASTER PLAN VISIONING COMMITTEE TO DECEMBER 31 2009; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. All Interested parties are invited to appear and be heard, Copies of the proposed plan are available for Inspection at the Comprehensive Planning Department 2800 N. Horseshoe Drive Naples Florida between the hours of 8:00 A.M. and 5'.00 P.M. Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department (239 -403 -2400) Written comments filed with the Comprehensive Planning Department prior to November 13 2007 will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing he will need a record of that proceeding and for such purpose he may reed 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA JAMES COLETTA CHAIRMAN DWIGHT E. BROCK CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) November No 1630607 http://naples.kaango.com/feViewAd/10833202 11/2/2007 11/13/2007 00:12 2392634864 NAFLESDAILY - PAGE 03J03 Naple; Daily News Naples, FL 34102 Affidavit of Publication Naples 'Daily News — -- "- ------ -- -- -- ---------'--- HOARD OF COUNTY CHERI LSFARA PO BOX 413016 NAPLES FL 34103. COMMISSIONERS 301.6 REPERENCE: 001230 186138324649100 59446257 NOTIC'nNOTICE IS HEP.E State of Florida County of Collier Before the undersigned authority, personally appeared R. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily- News, a daily newspaper published at Naples, in. Collier County, Florida: that the attached copy, of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each d,ay and has been centered as second class mail matter at the pas^ office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement) and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: !1/02 11102 AD SPACE: 108.000 INCH PILED ON: 11/122/07 Signature of Affiant 0110 In wwa 0110 ORDWAM "O PRiflpNS MPUM a a+.r� NOTICE Nalco Is herebyy gk" that on TUESDAY, November 17., lag? in the Oowdr0 Ira Float, ANMnistraJtion testt Tanllsnd T-nnt.0 No",. Florida �t Come. of Count Cmnmiasbnors WE hold a two w haarint to canal ar me aaaptMn or the 1011MI09 Cctmh Ora For C. for the extension pp the Immoini 1,faster Piro yea" hg committee fOr 1 years The mtadng posedcolGn xnls ds �cllowe: Tne Title of Ne pro - pp ORDINANCENO. a?•�. AMS (MONEPSNC OFF COLL,I�Cp COUNTY. FLAP QA. InN DE110TO EC%TEgN�D THE TCFiR04 CF THIS MNOIG °l1, MASTER 11, pit VI01NC FOR NINC�FUSION IN THE pCEOOE OF LAWS AND Og01NANCEi: pgOVIDINR FOR op�tDµ SEYERAIIUTY: AND DgoYl01N0 AN All Interested parties are IrwBnd to appear and be hterd copies of the raPosed plan are mailapbl�e for Inspeatlan at the �Wirprehenslve plarlF,A mtmeht, 2600, N. Hame6Ace PrIV0. Naapp)es, FO da 6 ;;wW the hour- of MOD A.M. and D:OD PAL -- Mon day through Friday, AM aucetli pnrtinin0 to these docuinenit should be dimcled to Mr. Co,n- ortherlHVe P annlr�g Camel M (229,411VZ400) Wriit{e comments `fled Ath eRe CCHl IRohe will bl nad o aMrcanipted atthe WPl c mnr3ilj. tam If a gPpr%ani decides to apptat an dd0010n made by me Goad of County Cnmmleslanarp wkh ro.gAa to any tter Considered at out meettnq OF Itfuing. he wl�l need 9 mcord of Proeeaeinq x,d for such oumMe ne may need to ensure Massa esrba- Om rx of the prccniftnas Is n40e which m, which the apps V15W be aapEE. and culdence uPan COLLIER CCOUNTY TY LORIDA IONEPS LANES COL ETTA. CHAIRMAN IWIGHTE. EEROCR CLSRN y: /vIlalridla Maryryan ve uty Clerk (SEA0 vn. tarn6m 1. Sworn to and Subscribed before me this ljkh day of iQ14 _ 2061 Personally known by me MKO JLDY' S Commie) . I DD 67502? '"zplrts may 16, 2011 Jun RECEIVED NOV 13 2007 s= INANCE NAPLES DAILY NEWS Published Daih Naples. FL 1a1o2 Affidavit of Publication State of Florida County of Collier 011 0110 mom Refore the undersigned Ihcv sm e as Ilic authorilc, personaltc Ippetired R Lamb echo on oath s n s Ihal Ihcc scree Is the lssislanl Corporate Secielarc of the Naples Dail} i dlilc ncAAspaper published at Naples. in Collier Counh. Florida: distribute] in Collierand Lee counties of Florida, that Uac attached copy of the advcrnwiti,_ heing a PUBLIC NOTI(E: in the ni n er of' PUBLIC NO'T'ICE vvas published in said newspaper I lime in the issue on Norcmbcr 2".2007 VItmw Binh,, sad'. that the zaid Saples Daily \er,s is o ncvrspapcl j,,W,,had it 5apka. in zaid Cinder Count,. Florida. and the the .vaid nct,'Paper has hc..I')t vre 1, cc] eoniinuoua, puNIi 11 C in emd Copier I ...ntit. Ilnnd:I: di,vl ribut cd in C"11,ct and I.a aountIC, of t I(" ,la, aldl da, mid has hcen aw,d a., second da, nml n ,Ii, ul the post •!licc in Aapl,, i,, vnd ( 11,, CouNC Ilorida. lo, a puiod of I crar 111\9 did i['l publication of thcalladrad cop" of ads eC "In"'t and alliuN li illm sacra that he bus neither paid nor pnnnI.Ci 10 � p<m.nl, Linn of corpol 111 o11 an, d i n e o L11 11 f ba tc. commission ar Iclllnd Io,lhe Purpose ofsecurinu this ad, olti5cna9t Iii, publication in tho said uels>paptr /../ ( Signature of Jfi nl) Sworn to and subscribed bcforc me 'ibis 2 1 '. Day of No\ cinbcr 2007 CSign; • of not I - public) �3 -- JUDYJANES Commission DD 675029 I'I`I >9- 2 >7R127 ';'?' Expires May 16, 2011 Rm swearn r c N4TICF,.,.. Not] ee Is �a 1 p= .d on'#UH9bpV. Nk Bu d[ In the §oartlrporn, ➢Po Floor, poln Easstdll�am Mai T les IAS�fhe BOeetl of County Commisalonars a�II fto d a , hearinY-to consider the adoption or Nteldlowing County orei- narm, for the extension of M'01%." aalee Master wll Vlmmn; if meeting ma 0109 AAA TheTtle The - posep ordinance Is as foliows: 17B ORDINANCE NO. 07- 69 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION SIX OF ORDINANCE NO. 04 -62, IN ORDER TO EXTEND THE TERM OF THE IMMOKALEE MASTER PLAN AND VISIONING COMMITTEE TO DECEMBER 31, 2009; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 28, 2004, the Board of County Commissioners adopted Ordinance No. 04 -62 which re- established the Immokalee Area Master Plan Restudy Committee as the Immokalee Master Plan and Visioning Committee ( IMPVC) for the purpose of assisting County staff with the monitoring and implementation of the Immokalee Area Master Plan and land use regulations that affect various Immokalee zoning districts; and WHEREAS, Section Six of Ordinance No. 04 -62 provides for dissolution of the IMPVC and repeal of the Ordinance upon the earlier of: 1) conclusion of its services to staff; or 2) the adoption of the 2007 cycle of the Growth Management Plan Amendment for the Immokalee Area Master Plan, but no later than December 31, 2007; and WHEREAS, the IMPVC has requested that the Board of County Commissioners extend the December 31, 2007 deadline so it may complete the functions and duties set forth in Ordinance No. 04 -62. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION SIX OF COLLIER COUNTY ORDINANCE NO. 04 -62. Section Six of Ordinance No. 04 -62 is hereby amended to read as follows: SECTION SIX: DISSOLUTION OF THE COMMITTEE; REPEAL OF ORDINANCE. 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 for the Immokalee Area Master Plan, whichever is earlier. The Committee shall thereafter dissolve itself and this Ordinance shall be automatically repealed. Dissolution and repeal shall be not later than December 31, 2007 9. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Words underlined are added; words sEwek through are deleted Page I of 2 178 SECTION THREE: 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 the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a majority vote of the Board of County Commissioners of Collier County, Florida, this 3N day of N ✓f M f/ , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT F.. BROCK. QLERK COLLIER COUNTY, FL R1DA B B � SI y y: Att"y I= ep�uty Clerk JA A6 COLETTA, CHAIRMAN 59bryau`ia Approv,*ei;'i $',JgJbt n and legal sufficiency: xp MarjonieJA. Student-Stirling � Assistant County Attorney Words underlined are added; words 4 ek through are deleted Page 2 of 2 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007 -69 MWJ Which was adopted by the Board of County Commissioners on the 13th day of November, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of November, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners By: Ann Jennejohn, Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: .ol t 17 rMroi�_ r. Originating Dept/ Div: Comm.Dev.Serv. /Comprehensive Planning Person: Marcia R. Kendall Date 10/23/2007 Petition No. (If none, give brief description): CPSP- 2007 -7 Public Schools Facilities Amendment to the GMP, companion item Interlocal Agreement between the Collier County School Board and Collier County, FL Petitioner (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before XXX BCC BZA Other Requested Hearing Date: November 13 2007 Based on advertisement appearing 10 -7 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: See Attached ❑ Legally Required Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee me de advertising cost? x Yes ❑ No If Yes, what account should be charged for advertising costs: 111- 138317- 649100 -0000 Rev' d Approved by: epartmen[ uector Date List Attachments: Advertisement Request and Map County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE Date Received: —� Date of Public hearing: 1 i 13 0 Date Advertised: t 2 { 507 l November 13, 2007 Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, November 2. 2007 and Monday, November 5, 2007 and furnish proof of publication to the attention of Marcia Kendall in the Comprehensive Planning Department, 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104. The advertisement must be a 1/4 page ad, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. 1 NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, November 13, 2007 in the Boardroom, 3`d Floor, Administration Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the transmittal of the following County Resolution for Amendments to the Collier County Growth Management Plan. The meeting will commence at 9:00 A.M. The title of the proposed resolution is as follows: CONSIDERATION OF INTER -LOCAL AGREEMENT The purpose of the hearing is to consider an Inter -local Agreement between the District School Board of Collier County and the Board of County Commissioners of Collier County, Florida; Everglades City, a municipal corporation, the City of Marco Island, a municipal corporation; and the City of Naples; also a municipal corporation, to establish public school facility planning and school concurrency. This is a companion item to Petition CPSP - 2007 -7 Growth Management Plan (GMP) Amendment to the Capital Improvement Element, Intergovernmental Coordination Element, a new Public School Facilities Element of the Growth Management Plan, being noticed under separate advertisement. All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendments Inter -local Agreement is available for inspection at the Collier County Clerk's Office, 4'h floor, Administration Building, Collier County Government Center, East Naples, Florida; and at Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to the document should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to November 13, 2007, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) T 46 S T 47 S T 48 S T 49 S T 50 S T 51 S T 52 S T 53 S A NnPJ NVMOde A NW0 30WO 0 'IT w ten C w 9 ¢ u v L. o w _W LL N O N u W z� ¢ A NnOJ AtlON3H W O N ¢ F3M s 6LP6 W N J V w 156 - N" _ ¢ < d o N � lS8 -"p"5 m S SC -I� W 'Otl OdNIV N it -sn .co Mex a� Of mks Gulf ego �$a Page 1 of 1 Martha S. Vergara From: Martha S. Vergara Sent: Thursday, October 25, 2007 8:31 AM To: 'legals @naplesnews.com' Subject: CPSP - 2007 -7 Interlocal Agreement.doc Attachments: CPSP 2007 -7 Interlocal Agreement .doc; CPSP 2007 -7 new map.pdf; CPSP- 2007 -7 Interlocal Agreement.doc Hi Pam, Here is another ad for you.. Martha Vergara Deputy Clerk - BMR 252 -7240 10/25/2007 Page 1 of 1 Martha S. Vergara From: Perrell, Pam [PPerrell @Naplesnews.com] Sent: Thursday, October 25, 2007 9:31 AM To: Martha S. Vergara Subject: RE: CPSP - 2007 -7 Interlocal Agreement.doc OK From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Posted At: Thursday, October 25, 2007 8:31 AM Posted To: Legals - NDN Conversation: CPSP- 2007 -7 Interlocal Agreement.doc Subject: CPSP - 2007 -7 Interlocal Agreement.doc Hi Pam, Here is another ad for you.. Martha Vergara Deputy Clerk - BMR 252 -7240 10/25/2007 Advertisement Request - 2005 Cycle Amendments (standard) All petitions Patricia L. Morgan From: weeks_d [DavidWeeks @colliergov.net) Sent: Friday, November 02, 2007 4:02 PM To: Patricia L. Morgan Subject: FW: Advertisement Request - 2005 Cycle Amendments (standard) All petitions Fyi David Weeks, AICP, Planning Manager Collier County Government Community Development & Environmental Services Division Comprehensive Planning Department 2600 North Horseshoe Drive Naples, FL 34104 phone: 239 - 403 -2306 fax: 239- 213 -2946 email: davidweeksccollieraov.net website: www.collieraov,ne From: weeks _d Sent: Friday, November 02, 2007 3:46 PM To: SchmitOoseph Cc: MoscaMichele; CohenRandall; bellows _r; kendall_m Subject: RE: Advertisement Request - 2005 Cycle Amendments (standard) All petitions Page 1 of 2 Joe — FYI. The regular legal ad for 05 cycle GMPAs has been pulled, so no CCPC ad for their 11/15 hearing will appear in NDN this Sunday. BUT, the special ad required by CCME policy 3.3.2 for CPSP -05 -16 (wellhead protection map) has already been published in NDN so staff will still need to request continuance for that one petition to whatever new date we get for CCPC. Michele is polling CCPC now for 12/10 date. David X2306 From: MoscaMichele Sent: Friday, November 02, 2007 2:58 PM To: CohenRandall; weeks _d Cc: kendall_m Subject: FW: Advertisement Request - 2005 Cycle Amendments (standard) All petitions FYI- Pam at the NDN pulled the attached 10 -day ad for the 2005 GMPAs, as requested. After a new hearing date is established, I /Marcia can revise this ad and re- submit to the paper. 91ichefe R. 1osca, AICP Principal Planner Comprehensive Planning Department Community Development & Environmental Services 2800 N. Horseshoe Drive, Naples, FL 34104 tel. 239.403.2466 fax 239.213.2946 From: Perrell, Pam [ mailto:PPerrell @Naplesnews.com] 11/2/2007 Advertisement Request - 2005 Cycle Amendments (standard) All petitions Page 2 of 2 Sent: Friday, November 02, 2007 1:45 PM To: MoscaMichele Subject: FW: Advertisement Request - 2005 Cycle Amendments (standard) All petitions From: kendall_m [ mailto :MarciaKendall @colliergov.net] Posted At: Tuesday, October 30, 2007 7:44 AM Posted To: Completed Legals Conversation: Advertisement Request - 2005 Cycle Amendments (standard) All petitions Subject: Advertisement Request - 2005 Cycle Amendments (standard) All petitions <<CCPC Legal Ad GMPs 2005 Cycle - Adoption - Final.doc>> «CYCLE -1 -2005 ADOPTION Ad Map.pdf>> Marcia R. Kendall, Senior Planner Comprehensive Planning Department Phone 239 - 403 -2387 Fax: 239- 213 -2946 Email: ma_rciakendall collier og v.net "To Exceed Customer Expectations" 11/2/2007 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS �� to G nloh �SJS d j To: Clerk to the Board: Please place the following as a: I — XXX Normal legal Advertisement ❑ Other: T U (Display Adv., location, etc.) ^�LJ L o �- Originating Dept/ Div: Comm.Dev.Serv. /Comprehensive Planning Person: Marcia R. Kendal. - -- -- -x7aru ru[2312007 Petition No. (If none, give brief description): CPSP- 2007 -7 Public Schools Facilities Amendment to the GNP Capital Improvement Element, Intergovernmental Coordination Element and creation of a new Public Schools Facilities Element. Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before XXX BCC BZA Other Requested Hearing Date: November 13, 2007 Based on advertisement appearing 10 -7 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: See Attached ❑ Legally Required Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee includ advertising cost? x Yes ❑ No If Yes, what account should be charged for advertising costs: 111- 138317- 649100 -00000 Reviewe y: Approved by: & 23 -G-2 Depar ment Dir for Date List Attachments: Advertisement Request and Map County Manager Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: November 13, 2007 Board of County Commissioners Public Hearing Advertisinq Requirements Please publish the following Advertisement and Map on Friday. November 2. 2007 and Monday. November 5. 2007, and furnish proof of publication to the attention of Marcia Kendall in the Comprehensive Planning Department, 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104. The advertisement must be a Y4 page ad, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. 1 NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, November 13, 2007 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the transmittal of the following County Resolution for Amendments to the Collier County Growth Management Plan. The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider a recommendation for transmittal of amendments to the Capital Improvement Element and Intergovernmental Coordination Element, as well as the transmittal of a new element entitled Public School Facilities Element of the Growth Management Plan. The RESOLUTION title is as follows: RESOLUTION NO. 07- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE CAPITAL IMPROVEMENT ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, AND ADDING A NEW ELEMENT TO BE ENTITLED PUBLIC SCHOOL FACILITIES ELEMENT, ALL OF THE GROWTH MANAGEMENT PLAN, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. ➢ CPSP- 2007 -7, Creating a new Public School Facilities Element with support document and amending the Capital Improvement Element and Intergovernmental Coordination Element of the Growth Management Plan to establish a public school concurrency program. This is a companion item to the School Concurrency Inter -local Agreement between the Collier County District School Board and Collier County Board of County Commissioners and the cities of Marco Island, Everglades and Naples. [Coordinator: Michele Mosca, AICP, Principal Planner] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendments are available for inspection at the Collier County Clerk's Office, 4`" floor, Administration Building, Collier County Government Center, East Naples, Florida; and at Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to November 13, 2007, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. 6 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) T 46 S T 47 S T 40 S T 49 S T 50 S T 51 S T 52 S I T 53 S A NIIDJ OMMOtlB A NOOO 30Y0 W N ¢ C I N s ¢ U t W _o LL g W � b N O ¢ u - I W N ¢ A1Nf10J AlgN3H S W O N � 6i - U's 6i S w N ¢, 6z -us n Z_ a� W I p6 a V w N I ¢ AINOOO 33 n � N ¢ �9 ls6 - N o ICU 96 -Ls s Mexico � a� Of m�8 Gulf ez m RESOLUTION NO. 07- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE CAPITAL IMPROVEMENT ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, AND ADDING A PUBLIC SCHOOL FACILITIES ELEMENT TO THE GROWTH MANAGEMENT PLAN AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, Collier County, pursuant to Section 163.3161, et sea., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Collier County has prepared plan amendments to the following elements of its Growth Management Plan: Capital Improvement Element; Interlocal Agreement Coordination Element; and WHEREAS, Collier County has prepared a new element to its Growth Management Plan as follows: Public School Facilities Element; and WHEREAS, the Collier County Planning Commission has considered the proposed amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said amendments to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan amendments, various State agencies and the Department of Community Affairs (DCA) have ninety (90) days to review the proposed amendments and DCA must transmit, in writing, to Collier County, its comments along with any objections and any recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and Page 1 of 2 WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan amendments, within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within forty -five (45) days of receipt of Collier County's adopted Growth Management Plan amendments, must review and determine if the Plan amendments are in compliance with the Local Government Comprehensive Planning and Land Development Act of 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J -5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby approves the proposed Growth Management Plan amendments, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan amendments, prior to final adoption and State determination of compliance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J -5, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. THIS RESOLUTION ADOPTED after motion; second and majority vote this day of 12007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA C Approved as to form and legal sufficiency: By: Deputy Clerk JAMES COLETTA, CHAIRMAN " Marjorie M. Student - Stirling Assistant County Attorney Page 2 of 2 October 24, 2007 Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: CPSP- 2007 -7 (Display Ad w /New Map) Dear Pam: Please advertise the above referenced petition on Friday, November 2, 2007, and Monday, November 5, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. This will be a Display. I have also attached a copy of the NEW Map to be included with the advertisement. If you should have any questions, please call me at 252 -7240. Thank you. Sincerely, Martha Vergara, Deputy Clerk Acct# 111- 138317- 649100 -00000 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Originating Dept/ Div: COmm.Dev.Serv. /Comprehensive Planning Person: Marcia R. Kendall Date 10/23/2007 Petition No. (If none, give brief description): CPSP - 2007 -7 Public Schools Facilities Amendment to the GMP Capital Improvement Element, Intergovernmental Coordination Element and creation of a new Public Schools Facilities Element. Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before XXX BCC BZA Other Requested Hearing Date: November 13, 2007 _ Based on advertisement appearing 10 -7 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: N/A ❑ Legally Required Does Petition Fee include advertising cost? x Yes ❑ No If Yes, what account should be charged for advertising costs: 111- 138317- 649100 -00000 Reviewed by: Department Director Date List Attachments: Advertisement Request and Map Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww FOR CLERK'S OFFICE USE, O ICY ` K"o-P Date Received: (� ate of Public hearing: k i {�J Date Advertised: -7 qq#:9- J(I 1 -01 November 13, 2007 Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, November 2, 2007 and Monday, November 5, 2007, and furnish proof of publication to the attention of Marcia Kendall in the Comprehensive Planning Department, 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104. The advertisement must be a' /. page ad, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. 1 NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, November 13, 2007 in the Boardroom, 3r' Floor, Administration Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the transmittal of the following County Resolution for Amendments to the Collier County Growth Management Plan. The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider a recommendation for transmittal of amendments to the Capital Improvement Element and Intergovernmental Coordination Element, as well as the transmittal of a new element entitled Public School Facilities Element of the Growth Management Plan. The RESOLUTION title is as follows: RESOLUTION NO. 07- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE CAPITAL IMPROVEMENT ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, AND ADDING A NEW ELEMENT TO BE ENTITLED PUBLIC SCHOOL FACILITIES ELEMENT, ALL OF THE GROWTH MANAGEMENT PLAN, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. ➢ CPSP- 2007 -7, Creating a new Public School Facilities Element with support document and amending the Capital Improvement Element and Intergovernmental Coordination Element of the Growth Management Plan to establish a public school concurrency program. This is a companion item to the School Concurrency Inter -local Agreement between the Collier County District School Board and Collier County Board of County Commissioners and the cities of Marco Island, Everglades and Naples. [Coordinator: Michele Mosca, AICP, Principal Planner] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendments are available for inspection at the Collier County Clerk's Office, 4'" floor, Administration Building, Collier County Government Center, East Naples, Florida; and at Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to November 13, 2007, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) Martha S. Vergara From: postmaster @collierclerk.com Sent: Wednesday, October 24, 2007 9:10 AM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT94399.txt, CPSP w /new map ATT94399.tM (231 B) LJ CPSP w /new map This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Page 1 of 1 Martha S. Vergara From: Ferrell, Pam [PPerrel[@Naplesnews.com] Sent: Wednesday, October 24, 2007 9:33 AM To: Martha S. Vergara Subject: RE: CPSP w /new map OK From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Posted At: Wednesday, October 24, 2007 9:10 AM Posted To: Legals - NDN Conversation: CPSP w /new map Subject: CPSP w /new map Hi Pam, Here is an ad for you and attached you'll find a new map of Collier County. If you have any questions please call... Thanks, Martha Vergara Deputy Clerk II - BMR 252 -7240 10/24/2007 Advertisement Request - 2005 Cycle Amendments (standard) All petitions Patricia L. Morgan From: weeks —d [DavidWeeks @colliergov.net] Sent: Friday, November 02, 2007 4:02 PM To: Patricia L. Morgan Subject: FW: Advertisement Request - 2005 Cycle Amendments (standard) All petitions Fyi David Weeks, AICP, Planning Manager Collier County Government Community Development & Environmental Services Division Comprehensive Planning Department 2800 North Horseshoe Drive Naples, FL 34104 phone: 239- 403 -2306 fax: 239 - 213 -2946 email: davidweeksocollierr ov. net website: www.collierao_vnet From: weeks _d Sent: Friday, November 02, 2007 3:46 PM To: SchmittJoseph Cc: MoscaMichele; CohenRandall; bellows_r; kendall_m Subject: RE: Advertisement Request - 2005 Cycle Amendments (standard) All petitions Page 1 of 2 Joe — FYI. The regular legal ad for 05 cycle GMPAs has been pulled, so no CCPC ad for their 11/15 hearing will appear in NDN this Sunday. BUT, the special ad required by CCME policy 3.3.2 for CPSP -05 -16 (wellhead protection map) has already been published in NDN so staff will still need to request continuance for that one petition to whatever new date we get for CCPC. Michele is polling CCPC now for 12/10 date. David X2306 From: MoscaMichele Sent: Friday, November 02, 2007 2:58 PM To: CohenRandall; weeks_d Cc: kendall m Subject: FW: Advertisement Request - 2005 Cycle Amendments (standard) All petitions FYI - Pam at the NDN pulled the attached 10 -day ad for the 2005 GMPAs, as requested. After a new hearing date is established, I /Marcia can revise this ad and re- submit to the paper. Michele R. �41osca, A[CP Principal Planner Comprehensive Planning Department Community Development & Environmental Services 2800 N. Horseshoe Drive, Naples, FL 34104 tel. 239.403.2466 fax 239.213.2946 From: Perrell, Pam [ mailto:PPerrell @Naplesnews.com] 11/2/2007 Advertisement Request - 2005 Cycle Amendments (standard) All petitions Page 2 of 2 Sent: Friday, November 02, 2007 1:45 PM To: MoscaMichele Subject: FW: Advertisement Request - 2005 Cycle Amendments (standard) All petitions From: kendall_m [ mai[to :MarciaKendall @colliergov.net] Posted At: Tuesday, October 30, 2007 7:44 AM Posted To: Completed Legals Conversation: Advertisement Request - 2005 Cycle Amendments (standard) All petitions Subject: Advertisement Request - 2005 Cycle Amendments (standard) All petitions <<CCPC Legal Ad GMPs 2005 Cycle -Adoption - Final.doc>> «CYCLE -1 -2005 ADOPTION Ad Map.pdf>> Marcia R. Kendall, Senior Planner Comprehensive Planning Department Phone 239 - 403 -2387 Fax: 239 - 213 -2946 Email marciakendall @colliergov.net "To Exceed Customer Expectations" 11/2/2007 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 2 times in the issue Oil November 2 "d, 5'" 2007 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County. Florida: distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement and affiant fmYher says that he has neither paid nor promised any person, firm or corporation any discount, rebate, e:ommission or refund for the purpose of securing this advertisement lox publication in the said newspaper. � -(° ( Signature of affiant) Sworn to and subscribed before me This 5i', Day of November 20,0,7 ' � (Signat lre of tfQtlry pubb is JUDYJANES Commission DD 675029 W Expires May 16, 2011 Eimi a ThN T, Fain lnsumrc 80a3B.Sta19 FEI59- 2578327 -h m s J J �b �O a �.➢ m O� a N m n O V I PUBLIC NOTICE NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, November 13, 2007 in the Boardroom, 3' Floor, Administration Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the transmittal of the following County Resolution for Amendments to the Collier County Growth Management Plan. The meeting will commence at 9:00 A.M. The title of the proposed resolution is as follows: CONSIDERATION OF INTER -LOCAL AGREEMENT The purpose of the hearing is to consider an Inter -local Agreement between the District School Board of Collier County and the Board of County Commissioners of Collier County, Florida; Everglades City, a municipal corporation, the City of Marco Island, a municipal corporation; and the City of Naples; also a municipal corporation, to establish public school facility planning and school concurrency. This is a companion item to Petition CPSP- 2007 -7 Growth Management Plan (GMP) Amendment to the Capital Improvement Element, Intergovernmental Coordination Element, a new Public School Facilities Element of the Growth Management Plan, being noticed under separate advertisement. All interested parties are invited to appear and be heard. Copies of the proposec Growth Management Plan Amendments Inter -local Agreement is available for inspectior at the Collier County Clerk's Office, 4'h floor, Administration Building, Collier Count} Government Center, East Naples, Florida; and at Comprehensive Planning Department ro' 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M: and 5:00 P.M. w Monday through Friday. Any questions pertaining to the document should be directec to the Comprehensive Planning Department. Written comments filed with the Clerk tc the Board's Office prior to November 13, 2007, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioner,, o with respect to any matter considered at such meeting or hearing, he will need a recorc Q of that proceeding, and for such purpose he may need to ensure that a verbatim recorc = of the proceedings is made, which record includes the testimony and evidence upor which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: -rat ,tiS 170 Originating Dept/ Div: CUES, Administration Person: Joseph K. Schmitt Date: 10/18/2007 Petition No. (If none, give brief description): Amending Ordinance No. 2004 -58 Petitioner: (Name & Address): CDES, Administration Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC 11/13/2007 BZA Other Requested Hearing date: November 13, 2007 (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑ Legally Required AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -58 (THE COLLIER COUNTY PROPERTY MAINTENANCE CODE); 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 AND PROVIDING AN EFFECTIVE DATE Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ❑ Yes ® No If Yes, what account should be charged for advertising costs: 7 Reviewed by: Division Administrator or Designee Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ® County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ON)'Y: Date Received: (OM 109 Date of Public hearing: (( /(3I O Date Advertised: t\ I z 107 Martha S. Vergara From: arnold_m [MichelleArnold @colliergov.net] Sent: Monday, October 29, 2007 9:15 AM To: Puig, Judy; Martha S. Vergara Cc: Patricia L. Morgan Subject: RE: 111 - 138911 Michelle Edwards Arnold Code Enforcement Director From: puig_j Sent: Friday, October 26, 2007 11:03 AM To: 'Martha S. Vergara'; arnold_m Cc: Patricia L. Morgan Subject: RE: Importance: High Martha, Page 1 of I?D I'm copying Michelle Arnold on this email, I don't know the cost center for this, and she should be able to provide this. Michelle, Please let Martha know what cost center to use for the advertising. Thanks, Judy Puig Judy Puig, Operations Analyst Administration Office of Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone - (239) 252 -2370 Fax - (239) 252 -2395 JudyPuig@colliergov.net From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Friday, October 26, 2007 10:54 AM To: puig_j Cc: Patricia L. Morgan Subject: 10/29/2007 Hey Judy, Page 2 of 2 I was looking at the unsigned ad sheet that I do have for Amending Ordinance No. 2004 -58. 1 am missing the cost center number; would you please let me know what it is so that we can advertise it when it comes to us from the County Attorney's office.. Thanks, Martha Vergara Deputy Clerk II - BMR 252 -7240 10/29/2007 17D October 26, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Amending Ordinance No. 2004 -58 Dear Legals: Please advertise the above referenced petition on Friday, November 2, 2007 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. /Account # 111 - 138911- 649100 NOTICE OF INTENT TO CONSIDER ORDINANCE l79 Notice is hereby given that on November 13, 2007 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 10 - APPLICATION, REVIEW AND DECISION - MAKING PROCEDURES, INCLUDING, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, BY REQUIRING THE ZONING DIRECTOR TO DETERMINE THAT ANY PROPOSED SITE DEVELOPMENT PLAN WILL NOT ADVERSELY AFFECT THE PUBLIC INTEREST AND WILL NOT ADVERSELY AFFECT OTHER PROPERTY OR USES IN THE SAME DISTRICT OR NEIGHBORHOOD AND IS GENERALLY COMPATIBLE WITH ADJACENT PROPERTIES AND OTHER PROPERTY IN THE DISTRICT, BY RESTRICTING OUTDOOR ENTERTAINMENT AND LIVE OUTDOOR ENTERTAINMENT IN OUTDOOR SERVING AREAS NEAR RESIDENTIAL OR ESTATE ZONING DISTRICTS, AND PROVIDING FOR AN APPEALS PROCESS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. 17D BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Martha S. Vergara U From: postmaster @collierclerk.com Sent: Tuesday, October 30, 2007 10:15 AM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT204128.txt; Ord. Amending Ord. 04 -41 w /map IJ ATT204126.bd Ord. Amending (231 B) Drd. 04 -41 w /map.., This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Page 1 of 1 Martha S. Vergara From: Perrell, Pam [PPerrell @Naplesnews.com] Sent: Tuesday, October 30, 2007 11:13 AM To: Martha S. Vergara Subject: RE: [77 From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Posted At: Tuesday, October 30, 2007 10:28 AM Posted To: Legals - NDN Conversation: Subject: Pam, Here is another one for you... Thanks Martha Vergara Deputy Clerk II - BMR 252 -7240 10/30/2007 11/1312007 00:12 2392634864 NAPLESDAILY PAGE 02/03 N D ULV NEW." rml!li.ncd u;lm Affidavit of Publication State oil 1.ioridel Cnflfll4 of Coll lei 9t:Io ,. Nip midcrsinmcd qtc, s aNc .s Illc culharll}. pmoil Illy opR:alod [1_I,jli mh, Irho on balk silts Ihcu IIICe fcnV vr: IhC Asei,lym Cm'p01n lG Secra:Ir} of the Pd;gils Daily a dulk nacslmp,:r pHhlislied al NaplCs, In Collicr C.OUIti \. Ploridn::CSlribulcd in C'al tier uud Lx Cnunlics bf hloridN: ILaI Ille an'tici)w cope or the adI'crikitig. heing a I?I,i191.1 C,MIZEICF. in the maUf•.r Ill Pi'Iil.IC NO I(T.. tens publistcti ill said ncq s¢:Iper ! limr_ in 1110 icimc oil November 2"'.211117 .1 Ilia Ill Iurrhai - :av, IIIAI III: and Ypulr, lei I, N,,,'s i, n n.nspnpT p „III if tJ at ]dolt:. in vii,i Cr,11 e, C, fin A 'It,rdi. and II ;II fm wlid po II I'.:r• :'I'f.e . hu'11 CInl in a<r Is lc pubI. Jt a in slid 0,1 If Ct.onlr, IInrida:di=vitve.d in 0,111ar and ltd o+uuces Ill 19arida, n,11 Joe mod Lt', h:al enbp',pd a1 second dew aril multtl' at Iha I "W in ): rp,la +. m .:rd L. llli :r Ca.uu y. Fined:,, Ile' a pmn:l of I .0 vnol :l "•Lidding the line pdNi Bet it'll uflhe itlnaiwd cup)' Ill' ent r,m.mi. ,.nd d(irmt Ilinh.r sry'x that ha has milker paid for ^nmr• ::0 un,' ptr:nO, lit:n fir cnrp,amica ntv dixcaun :. nb;tl :. irv., u. rJ[ wl I :q'Il,e puq].,e; ,I .. tul m-4 lhir adrnY :k.;mull rn •.ubli,•nlinn in'I'r :ai,i :•: �, . P+.pcl. I Si enanlrcoraffiam) Sworn to anti g0f;c•ribed iicrorc me I his 2"'. Da) of Not'cillber 20117 (Si chat •radon 'publi )..� fPl iti -7,1 sV7, JUDY JANES Commission DD 875029 Expires May 16. 2011 sMMrkn rcrMr, Fwk'p amg -SV- 0110 aenpsfrr&s AND PE111M Notlen Ia hereby, vlYen vCrinter 13. 207 in Nee Boardroom 3rd F!aor, AdminlARe[ion Building, Collier County Govern• went Conti, 3301 Fast Tamianti Trail Naples Part a a. the ISdard it County Cpmmlaslanara will earl the enact- ment of a Court) Ordl. fiance. The medbnp Will commence at BW AM T e Btle Of die proposed ordinance IA at Pol laws: Cooled Of the propo55na Ordlnenae Are on /le with the Clerk a, the Saard and are available for Inspection. All Inter, ekted parties are Invited to III And be heard. NOTE: All Forms wlsR Inv to speak on any seen a Item muIt revis- ter w th the County ad- mltistrator Friar to pre - sentatlon a the agenda Item to be address ad. IM Ilmlie slackleem WIII', bn IlmilCd M S m,natds on any 11I The sNde o0n of an indlY,duld to speak an behalf Of en ervenlsanoA ar grodp ,.. encouraed. If noted by-the ChairkTrAF, man,' I sp Oke, pardon Poi n gioupp pr ArganIQ An - r bt tt sp ead 1e min- "nn. to speak cn an Item. Any person who decid- es to Aaoappl a deelalon of the Ill will Map o record of the 17mcned- mps ppert¢Inina thereto. and thard0re, may deed to ensure that a t,-,be "Odlngs Iodo of the Alall record We tons t{I9 tm- timan9 and evldahce Ilpen which the appeal S a]Co. BOARD OF COUNTY COMNI3SIONFRS COLIL p COUNTY. lAMall COCETTA. CHAIR• MAN DWIOIIT J. BVIOCk, CLERK BY; � yMarthA Nera Ara, 6FAL) Clerk 11- 1 110 IM-114 , RECEIVED NOV 13 2007 FINANCE NAPLES DAILY NEWS Published D:lih Naples. F1, ] I I Affidavit of Publication Statc of Florida County of ('tinier Before the undersigned thc� scrt c as the authorih- personultc appeared H. Lamb. IN Ito on oalh saes that thec serNe as the Assistant Corporate Sccrclan of the Naples Daih. a daih ncN%spapci published at Naples. ioCullicrCounl}. Florida: distributed in Collicr and Lce counties of Florida: that the attached copN of the adccrtising. being a PUE31,IC NOTICE ut the matter of 110131A NOTICE oas published in said =cspaper I time in the issue on November 2nd2007 Ulianl limh r pace Ihal the ,aid Aeptc,a Dade ie a nc,svpaper puh6shed It Saplo,_ in s.1 d( olh,, Chum,. 1 hwlda. and that the ,aid neVt 11111)er has hsololhra hcen anninuou,ek pubh,1l,d in said Collier Qvuth. I I'Nda di,Iribuled In C VIIICr end I Ic awnllc, of f ond,,, cad, dad and ha<heon cnlarad a, neumd'la" mail maacr it the p,,,l orli<: in Snplcv_ in ,.aid Cnllicr Cowie Ilorida. for a pcnod of I scar 1161 prscdinl; the Gml publication of the ltlnchal copy of adcenis;InenL and ulli:ml lunhor ,;n,lhal he hati noitlter paid nor prnni�:d .nlc p'cnn. firm or :orporution arri discount. rbatc, anent n�Lm u2- rllmd Gn Ih. pur ill ma of securing This ad 1111 iscmmnt for publication in the z:nd nnI'papn. ( Signature of afriiant) SToorn to and subscribed before me This Yl 1. Dac of Noccnlber 2007 (Signal lc of uzpubli )�.?Q JUDYJANES Commission DD 675029 Expires May 16, 2011 FFI 59. 257332- 0110 M MNF11li1110NI TIC CO SI ORDI AN E ITEM, I04D COMMI$$S5IONES COUNTY COLLILOI.ER COUNTY: JAMES COLETTA,CHAIR -' DWIGHT E. BROCK,I C11,ERK BY L.. Martha Verftara, u.. i ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office.'fhe completed routing slip and original documents are to he forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through 94 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excentl on of the Chairman's signature. draw aline through routine lines #1 thrmmh 04 rmm lrtr thr rh. W i�, —A F ......tea �, c. cn...._ n:_., uc% Route to Addressee(s) (Listin routing order) Office ......................... Initials Date 1. Assistant County Attorney (Initial) Applicable) 2. 11/13/07 Agenda Item Number 17D 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Jennifer A. Belpedio, ACA County Attorney's Office JAB 11/13/07 5. Sue Filson, Executive Manager Board of County Commissioners '(.�11 6. Minutes and Records Clerk of Court's Office 7. Jennifer A. Belpedio, ACA County Attorney's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Jennifer A. Belpedio Phone Number 774 -8400 Contact Assistant County Attorney (Initial) Applicable) Agenda Date Item was 11/13/07 Agenda Item Number 17D Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance ,r ny� Number of Original I Attached '(.�11 Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & CHECKLIST I. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip ww5 Original 9.03.04, Revised 1.26.05, Revised 2.24.05 C, "e Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Original document has been signed / initialed for legal sufficiency. (All documents to be JAB signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JAB document or the final negotiated contract date whichever is a 221icable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAB signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of Xour deadlines! 6. The document was approved by the BCC on 11/13/07 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 7. Please return low executed original documents to Jennifer A. Belpedio, ACA JAB I. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip ww5 Original 9.03.04, Revised 1.26.05, Revised 2.24.05 C, "e ORDINANCE NO. 2007 -,Q AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING 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. WHEREAS, 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 WHEREAS, on October 23, 2007, at a regularly publicly noticed meeting the Board considered Item 10 M and passed Resolution No. 2007 -309 based on its prior direction; and WHEREAS, the Board finds that it is in the government and public interest to allow initial rental registrations, annual rental registration and late fees to be collected per property and not per rental unit; and WHEREAS, the Board finds that rental inspections will not be required for rental units covered by a Florida Department of Business and Professional Regulation license; and WHEREAS, the Board finds that units covered by a Florida Department of Business and Professional Regulation license remain subject to the local regulations of Collier County. WHEREAS, the Board finds that the amount of fees charged for rental registration related 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 COUNTY, FLORIDA, that: SECTION ONE: Section Four of Ordinance No. 2004 -58 is hereby amended to add the following definition: PROPERTY — for the purposes of rental registration "property" means a parcel or contiguous parcels with any number of rental units located thereupon under common ownership and/or management. SECTION TWO: Section Seven of Ordinance No. 2004 -58 is hereby amended to read as follows: SECTION SEVEN: RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES. 1 Words Underlined are added; Words StruslThreugh are deleted. 17D t,; All rental units in unincorporated Collier County must obtain a registration certificate from Collier County Community Development and Environmental Services Division in accordance with this section. A separate certificate is not required for each rental unit located upon the same property. 1. When any dwelling unit is occupied by someone other than the owner 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 like. 2. REGISTRATION OF RENTAL UNITS REQUIRED - The owner(s) of any rental unit shall register each rental unit with the Collie- County Community Development a Enviiremne . 1 S 1 S Administrator, his" his4ie County Manager or designee, and shall designate an individual or entity as the Local Agent or Operator for the registered rental unit. Registration shall be made prior to the use of any dwelling unit as a rental unit. Rental units located upon the same property are not required to be separately registered 3. APPLICATION FOR REGISTRATION PROCEDURES - Application for registration shall be completed for each rental units located in the unincorporated Collier County and in accordance with such instructions as may be provided by the Community Development d En vire:.:.:e ntal Seiwiees dmi his County Manager or designee, and include at a minimum, the following information: a. The name and addresses and telephone numbers of all owners of the rental unit. b. The name, local address and telephone number of the responsible local agent or operator. C. The number of rental units and the address(es) of each rental unit. d. The name and address of any mortgage holder. e. A cony of the Florida Department of Business and Professional Regulation I "DBPR" 1 license, if applicable 4. LOCAL AGENT OR OPERATOR - A person or representative of a corporation, partnership, firm, joint venture, trust, association, organization or other entity, having his or her place of residence or business in Collier County designated by the owner to operate and/or manage such premises in accordance with the following provisions. a. Local Agent or Operator Requirements. The Local Agent or Operator must be either: an individual who resides within Collier County and is a minimum of 18 years of age, a local business entity possessing a Collier County Occupational License who is registered with and known by the Florida Department of State, or the property owner, provided he /she is a resident of Collier County. A real estate agent or broker of 2 Words Underlined are added; Words StFdek -ThFexgh are deleted. 170 ;s 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 with this section. b. Duties and Responsibilities. The designated Local Agent or Operator shall at all times ensure the rental unit(s), for which he /she is responsible, is in compliance with 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 owner(s) to act as Local Agent or Operator must accept the duties and responsibilities as set forth in this Ordinance. Such acceptance shall be indicated by written agreement by 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. Withdrawal 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 registration thereby constituting a violation of this section. 5. TERMS, EXPIRATION, RENEWALS AND TRANSFERS - Rental iinit registration certificates shall be issued for a period of one (1) year. Said registration shall be updated annually on or before June 30th. Delinquent registrations will result in a daily penalty late fee as established by resolution of the Board of County Commissioners. Should a change occur in ownership or Local Agent or Operator information, a transfer or supplemental registration shall be filed with the Community Development and Environmental Services Division within ten (10) days of such change by the property owner(s). Any change in ownership or Local Agent or Operator information without 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 INSPECTIONS - A11— rRental units registered with Collier 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 with any Code affecting premises shall require an annual inspection until the premise has been found free of violations for at least two (2) consecutive years. 7. REVOCATION /CANCELLATION - The Collier Ccu .ty Cemmunity Development and Envi_,....nent..l Sen,iees T,ivisie n a...inistr- to or hi ie County Manager or designee, may 3 Words Underlined are added; Words StfuelE Thfoug are deleted. 170 4 revoke or cancel a registration on the following grounds: 1) Information contained on the registration is false or material facts have been omitted, 2) a person or business registered under this section has violated county laws or ordinances for the protection of the public health, safety, or welfare and it is determined that the continued rental registration would be detrimental to the public health, safety, or welfare, ee 3) payment of rental registration fees are dishonored by a financial institution, or 4) failure to timely renew rental registration by August 31" for the applicable renewal year and will result in late fees being charged even if revocation/cancellation occurs Only if clear and convincing evidence is provided to the County Manager or designee that the property was not intended to be rented while the rental registration lapsed will late fees not be charged. Revocation or cancellation of registration shall constitute an unregistered rental unit. 8. APPEALS TO REVOCATION /CANCELLATION 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 before the code enforcement board. Procedures for the notices and hearings shall be set forth in the Consolidated Code Enforcement Beard Ordinance. SECTION THREE: Section Nine of Ordinance No. 2004 -58 is hereby amended to read as follows: SECTION NINE: INSPECTION OF STRUCTURES AND PREMISES. 1. Complaint- driven or inspector- initiated inspections of properties subject to this Ordinance shall be conducted by the County to ensure that such properties are in compliance with the provisions of this Property Maintenance Code; provided, however, this provision shall not be interpreted as authorizing the County to conduct inspections of properties without the consent of the owner or occupant or without 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 inspections shall not be required for rental units on a property covered by a DBPR license A copy of the current DBPR inspection license shall be provided with the initial rental registration and all subsequent rental renewal applications. 2. If the inspection of a property reveals violations of the provisions of this Property Maintenance Code, this shall trigger a request for an inspection of the interior of the property and /or a random sampling of the properties involved which may include multiple units. 3. For inspections involving multiple units at one location and upon consent of owner or designee or issuance of inspection warrant, a random sampling of the properties will be inspected as follows: a. 1 to 4 units, all units; b. 5 to 10 units, 50% of units; c. 11 to 29 units, 20% of units; d. 30 to 49 units, 15% of units; e. 50 or greater, if one location, 5% of the units with a maximum of twenty (20) units. 4 Words Underlined are added; Words Strxek-Thtettgk are deleted. 170 In the case of 50 or greater units, if the Housing Official finds one or more serious, health, safety or habitability violations in 5% of the units, the Official 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 unit 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 Housing Official and the owner, 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 owner, operator, occupant or other person in control of dwelling unit, building, structure or premises shall, with consent, allow the Housing Official or designee free and unrestricted 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. SECTION FOUR: 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. SECTION FIVE: Conflict and Severability. If any section, phrase, sentence or portion 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 become effective upon being filed with the Department of State. PASSED AND DULY adopted by the Board of County Commissioners of Collier County, Florida, this 13 +ti day of Nn 4e �e R-, 2007. 5 Words Underlined are added; Words c... are deleted. ATTEST; DWIGHT E. BROCK, CLERK fittest as to CmIrmae 1 i i qns -twe 900 It Ap�yQual a�tb` orrn and legal Suffieienc -y; Jennifer A. B p io Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN 17 p 0 N �:,. 6 Words Underlined are added; Words SttuelFThrougk are deleted. 170 is STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: 2007 -70 Which was adopted by the Board of County Commissioners on the 13th day of November, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of November, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners By: Ann Jennejohn, Deputy Clerk