BCC Minutes 05/25/1999 R May 25, 1999
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 25, 1999
LET IT BE REMEMBERED, that the Board of County Commissioners, in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted business
herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRWOMAN:
Pamela S. Mac'Kie
Barbara B. Berry
John C. Norris
Timothy J. Constantine
James D. Carter
ALSO PRESENT:
Robert Fernandez, County Administrator
David Weigel, County Attorney
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Clerk To The Board/M. Kenyon
Admin/4th Floor
FP CV IN
3 1
AGENDA
Tuesday, May 25, 1999
9:00 a.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR
PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 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
ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE
HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN.
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.
I. INVOCATION - Reverend Robert Jacobs, Messiah Lutheran Church
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
A. APPROVAL OF CONSENT AGENDA.
B. APPROVAL OF SUMMARY AGENDA.
C. APPROVAL OF REGULAR AGENDA.
4. APPROVAL OF MINUTES
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May 25, 1999
April 27, 1999 - Regular meeting.
PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1)
2)
Proclamation proclaiming the week of May 23-29, 1999 as National Small Business
Week. To be accepted by Mr. Dan Regelski, Director, and Ms. Suzanne Specht,
Certified Business Analyst, both of Small Business Development Center/Florida
Gulf Coast University, and Dr. Richard Pegnetter, Dean, College of Business,
Florida Gulf Coast University
3)
Proclamation proclaiming 1999 as Sprint's 100th Anniversary Year. To be
accepted by Mr. Buddy W. Brunker, Public Affairs Manager/Southern Operations,
Sprint
Proclamation proclaiming the month of May, 1999 as Foster Parent Month. To be
accepted by Ms. Kathy Rushing, Program Administrator, Children and Families -
District 8
B. SERVICE AWARDS
1)
2)
3)
4)
6)
7)
8)
Bill Finch, Parks & Recreation - 15 Years
Sharon Cornelison, PWED - 10 Years
Bill Bolgar, Code Enforcement - 10 Years
Jack Pfiester, Water - 10 Years
Barbara Nichols, Library - 5 Years
Rodney Michaels, Wastewater - 5 Years
Greg Pratt, Pelican Bay- 5 Years
Ramon Davila, Solid Waste Dept. - 5 Years
C. PRESENTATIONS
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
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A. Deputy Sarah Lanius regarding the use of surplus land adjacent to the existing landfill for
the Police Athletic League.
B. Tom Henning regarding a landfill host fee.
COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Accept the 1999 Standard Tourism Agreement between Collier County and
Gulf Coast Runners
2)
Accept the 1999 Standard Tourism Agreement between Collier County and the
Conservancy of SW Florida, Inc.
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May 25, 1999
11.
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3)
Accept the first amendment of the 1999 Standard Tourism Agreement between
Collier County and the Marco Island Film Festival, Inc.
4)
CONTINUED FROM THE MAY 11, 1999 MEETING. A report to the Board
on the Transportation Element of the Collier County Growth Management
Plan.
PUBLIC WORKS
1)
Adopt a Resolution authorizing the acquisition by gift, purchase or
condemnation of fee simple title interests and/or perpetual, non-exclusive, road
right-of-way, sidewalk, utility, drainage, maintenance and temporary
construction interests by easement for the construction of the Four Laning
Improvements for lmmokalee Road (C.R.846) Project between 1-75 and C.R.
951 CIE No. 08.
2)
Adopt a Resolution authorizing the acquisition by gift, purchase or
condemnation of fee simple title interests for construction of the initial two-lane
roadway improvements for Livingston Road from Immokalee Road (C.R. 846)
to a point 0.5 miles south of the Lee/Collier County Line, CIE Project No. 21.
3)
Approve authorization for payment for repairs, modifications and equipment
necessary for continued operation of the Naples Landfill.
PUBLIC SERVICES
l)
Authorization to draw funds from the recently authorized line of credit and
extend the closing date on the North Naples Regional Park property.
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
1)
Approval of a Resolution giving Notice of Intent to Levy the Six Cents Local
Option Fuel Tax upon every gallon of motor fuel and diesel fuel sold in Collier
County to be effective September 1, 1999. Companion item to be heard
immediately following Item 12C(4).
F. AIRPORT AUTHORITY
G. EMERGENCY SERVICES
COUNTY ATTORNEY'S REPORT
BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Contractor's Licensing Board.
B. Appointment of members to the Collier County Water and Wastewater Authority.
C. Consideration of termination of employment of County Administrator.
OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
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May 25, 1999
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
13.
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
C. OTHER
Petition R-99-3, Geoffrey Purse of Purse Associates, Inc. representing
Golden Gate Inn, requesting to change the zoning classification of a property
from "GC' Golf Course to "C-3" intermediate commercial district. The subject
property is located on the southwest corner of Golden Gate Parkway and
County Road 951 in Section 26, Township 49 South, Range 26 East, Collier
County, Florida. This site consists of 1.81 acres.
1)
2~
An Ordinance of Collier County, Florida, establishing maximum towing fees for
non-consent towing and directly related non-consent storage of towed vehicles;
providing for conflict and severability; providing for inclusion into the code of
Laws and Ordinances; providing a special effective date.
THIS ITEM HAS BEEN CONTINUED TO THE JUNE 22, 1999 MEETING.
Recommendation to adopt a new Litter, Weeds, and Exotics Control Ordinance
and to repeal Ordinance 91-47, as amended.
3) Approve an ordinance relating to Park and Recreational facility impact fees.
4~
Approval of an Ordinance providing for the imposition and extension of levy of
the Six Cents Local Option Fuel Tax upon every gallon of motor fuel and diesel
fuel sold in Collier County and taxed under the provisions of Chapter 206,
Florida Statutes.
BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
B. OTHER
14. STAFF'S COMMUNICATIONS
15.
A. Update on stipulated agreement package to the Department of Community Affairs.
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
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May 25, 1999
To respond to three issues that were raised by the Chairwoman during the presentation
of the 1998 Comprehensive Annual Financial Report by the Finance and Accounting
Department and KPMG, LLP, on Tuesday, April 13, 1999.
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.
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Authorization of a 50% waiver/50% deferral of impact fees for one house to be
built by Larry P. Basik and Anita L. Basik in King's Lake, Collier County.
2)
Interlocal Agreement for the creation of the Collier County Metropolitan
Planning Organization.
3) Request to approve for recording the final plat of"Tierra Lago II".
4)
Request to approve for recording the final plat of "Pelican Marsh, Unit Twenty-
Five" and approval of the performance security.
$)
Request to approve for recording the final plat of"Vanderbilt Country Club-2"
and approval of the Standard Form Construction and Maintenance Agreement
and approval of the amount of the performance security..
6)
Request to approve for recording the final plat of"Cedar Hammock" and
approval of the Standard Form Construction and Maintenance Agreement and
approval of the amount of the performance security.
7)
Recommendation to approve Excavation Permit No. 59.694 Otero, Lake 2
Excavation located in Section 5, Township 48 South, Range 38 East: bounded
on the north by vacant lot, on the east by vacant lot, on the south by 56t~ Avenue
N.E. R/W and on the west by vacant lot.
s)
Authorize a 50% waiver/50% deferral of Impact Fees for one house to be built
by Rafael Morales and Juana Perez in Naples Manor Unit One, Collier County.
9)
Approval of a resolution to extend the Lake Trafford Restoration Ad Hoc Task
Force through May 7, 2000 and re-appoint/appoint members.
~o)
Approval of site alterations exceeding 25 acres for clearing and filling in the
Naples Lakes Country Club Development.
11)
Final acceptance of sewer facilities acceptance for Heritage Links at Naples
Heritage.
12)
Request to approve for recording the final plat of"Southport on the Bay, Unit
2B'.
13)
Request to approve for recording the final plat of "Naples Lakes Country Club"
and approval of the Standard Form Construction and Maintenance Agreement
and approval of the amount of the performance security.
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May 25,1999
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14) Request to approve an early work agreement for Cedar Hammock Golf Course
15) Budget amendment for the provision of transportation disadvantaged services.
PUBLIC WORKS
1)
Recommendation that the Board of County Commissioners approve the
compensation amount for Fiscal Year 2000 as contained herein with Severn
Trent Environmental Services, Inc. to provide for current Contract Manager
Services for the Pelican Bay Services Division.
2)
Recommendation that the Board of County Commissioners approve a Work
Authorization under the Pelican Bay Services Division's Current Professional
Engineering Agreement with Wilson, Miller, Barton & Peek in an amount not
to exceed $5,000, to prepare the Preliminary and Final Assessment Roll for the
Non-Ad valorem Assessments for Beautification of Recreational Facilities and
Median Areas, and Maintenance of Conservation or Preserve Areas, U.S. 41
Berms, Street Signage Replacements within the Median Areas and Landscaping
Improvements to U.S. 41 Entrances, all within the Pelican Bay Municipal
Service Taxing and Benefit Unit.
3)
Approve Supplemental Agreement No. 8 with Hole, Montes and Associates, Inc.
for the Immokalee Road Six Lane Improvement Project No. 69101; CIE No. 08.
4)
Award a Contract to Florida State Underground, Inc. to construct a Master
Pump Station and Force Main for the connection of Eagle Creek PUD and other
developments to the Collier County Sewer System, Project No. 73057, Bid No.
99-2928.
5)
Request approval to exceed the $25,000 limit on purchase orders for
Ortho/Polyphosphate until a rebid is completed and an award made.
6)
Recommendation to approve Mid-year Adjustments to Water Management CIP
Budget (Fund 325).
7)
Approve Agreement to reimburse developer of Island Walk to expenses related
to construction of Stormwater Management Facilities.
s)
Consideration of Budget Amendment Appropriating Lawsuit Settlement
Proceeds in the Road and Bridge Fund.
9) Recommendation to Award Bid No. 99-2994 for Activated Carbon.
lO)
Approve Work Order to Camp Dresser and McKee, Inc. for engineering
services related to updating the Wastewater Effluent Master Plan, Project
74029.
11)
Agreement to reimburse the Property Appraiser and Tax Collector for services
rendered for the Golden Gate parkway Water and Wastewater Municipal
Service Benefit Unit.
PUBLIC SERVICES
1) Approval of sole source purchases from Data Research Associates, Inc.
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May 25, 1999
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2)
3)
4)
a)
A request for a permit to conduct three (3) separate carnivals hosted by the
Parks and Recreation Department.
Approve Summer Food Service Program Grant for Immokalee and Naples
Summer Recreation participants.
Authorize the Collier County School Board to prepare the food for the Summer
Food Service Grant Program.
Authorize G.A. Foods to prepare the food for the Summer Food Service Grant
Program while summer school is not in session.
Approve An application to the Florida Department of State requesting Historic
Preservation Grant funds to assist with the restoration of the Roberts Ranch in
Immokalee.
Approval for Library to apply for Gates Library Foundation Grant.
Authorize staff to proceed with negotiations with Westinghouse Communities
Naples (WCN) to exchange properties located at the County Seagate beach and
the development previously known as Naples Cay.
9) Approve a Resolution relating to beach parking fee policies and procedures.
SUPPORT SERVICES
1)
Approval of a Resolution and Lease Agreement between Collier County and
Florida Gulf Coast University for Radio Antenna Space.
2)
Authorization to Execute Satisfaction of Lien Documents Filed Against Real
Property for Abatement of Nuisance and Direct the Clerk of Courts to Record
Same in the Public Records of Collier County, Florida.
3)
A Resolution Approving the Satisfaction of Liens for Certain Residential
Accounts Wherein the County Has Received Payment and Liens are Satisfied in
Full for the 1991 Solid Waste Collection and Disposal Services Special
Assessments.
4)
A Resolution Approving the Satisfaction of Liens for Certain Residential
Accounts Wherein the County Has Received Payment and Liens are Satisfied in
Full for the 1992 Solid Waste Collection and Disposal Services Special
Assessments.
A Resolution Approving the Satisfaction of Liens for Certain Residential
Accounts Wherein the County Has Received Payment and Liens Are Satisfied
in Full for the 1993 Solid Waste Collection and Disposal Services Special
Assessments.
A Resolution Approving the Satisfaction of Liens for Certain Residential
Accounts Wherein the County Has Received Payment and Liens Are Satisfied
in Full for the 1994 Solid Waste Collection and Disposal Services Special
Assessments.
Award of RFP #99-2907, ProperS.' and Casualty. Insurance Brokerage Services
to Insurance and Risk Management Services, Inc.
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May 25, 1999
8)
9)
Approve a Budget Amendment to Appropriate the Maintenance Service
Revenues for Reimbursement of Operating Expenses.
To Authorize the Board Chairwoman to Sign a Memorandum of Understanding
for a Summer Youth Program.
To Approve an Interiocal Agreement Between the Board of County
Commissioners as it Relates to the Southwest Florida Job Training Consortium.
Approve Emergency Repairs to the Main Government Complex Water System.
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COUNTY ADMINISTRATOR
1) Budget Amendment Report - Budget Amendments 99-256; 99-264
2)
A Resolution authorizing the borrowing of an amount not to exceed $6,500,000
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
acquisition, construction and equipping of an administrative building for the
Collier County Sheriff's Department; authorizing the execution of a loan note
or notes with a covenant to budget and appropriate locally available non-ad
valorem revenues as provided in the Loan Agreement; authorizing the
execution of such other documents as may be necessary to effect such
borrowing, and providing an effective date.
BOARD OF COUNTY COMMISSIONERS
EMERGENCY SERVICES
1)
Approve the budget amendment necessary to pay for impact fee collection cost
payable to Building Review and Permitting.
2)
Approve and execute an agreement to provide for a maximum expenditure of
$50,000 from the GAC Land Trust to purchase land and to initiate the design of
an EMS and future Sheriff's Office Substation to be located within Golden Gate
Estates.
3)
Creation of Team Collier 2000 Task Force to coordinate Y2K activities
throughout Collier County.
MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed
OTHER CONSTITUTIONAL OFFICERS
1)
Recommendation that the Board of County Commissioners approve a Budget
Amendment in the amount of $325,000 transferring funds from Reserves to
Redemption of Long-Term Debt-Pine Ridge Industrial Park and Naples
Production Park Special Assessment Bonds, Series 1993.
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May 25. 1999
17.
2~
Recommendation to approve an increase of Fifteen Sworn Law Enforcement
Officers in the 1998/99 Sheriff's Office Budget for the United States
Department of Justice Three Year COPS in Schools Grant Program.
Recommend that the Board of County Commissioners endorse the Collier
County Sheriff's Office Grant Application for continued funding for the State
of Florida, Department of Community Affairs, Anti-Drug Act Formula Grant
Program.
4~
Recommend that the Board of County Commissioners endorse the Collier
County Sheriff's Office Grant Application for continued funding for the State
of Florida, Department of Community Affair's Anti-Drug Act Formula Grant
Program.
COUNTY ATTORNEY
1)
Recommendation that the Board of County Commissioners approve the
Stipulated Final Judgment relative to the easement acquisition on Parcel No. 45
in the lawsuit entitled Collier County v. Community Development Corporation of
Southwest Florida-Hickory Bay west, et at, Case No. 94-2934.-CA (Bonita Beach
Road Four-laning Project No. 60021)
2~
Recommendation to consider a settlement proposal in the case of Bambi
Henderson, et al., vs. Collier County, Case No. 97-3387-CA-01, pending in the
Twentieth Judicial Circuit Court in and for Collier Count3.', Florida.
AIRPORT AUTHORITY
Request Board's approval to pay for expenses associated with the Schedulers
and Dispatchers Trade Show out of the Airport Authority's Tourist
Development Tax Grant.
Recognize and appropriate additional revenue in the Marco Island executive
airport budget.
3)
To recognize an additional grant of $41,000 and increase the lmmokalee T-
Hangar Construction Budget by $82,000.
4~
Approve a budget amendment that will recognize an additional grant of
$110,000 and increase the Marco Island T-Hangar Construction Budget by
$220,000.
Recognize and appropriate additional revenue in the Immokalee Regional
Airport Budget.
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 WRI'FFEN OR ORAL
OB3ECTIONS 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.
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May 25, 1999
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Petition PUD-84-11(2) Greg Stuart of Stuart & Associates, representing the Diocese of
Venice, requesting a rezone from "PUD" to "PUD" which will continue to be known as
the Vincentian PUD having the effect of eliminating certain uses: decreasing the land
area for residential and group housing land uses; increasing the residential density
from 3 dwelling units per acre to 4 dwelling units per acre and converting 8.5 acres for
commercial land uses and 11.7 acres for preservation purposes for property located at
the southeast corner of Southwest Boulevard and Tamiami Trail East (U.S. 41), in
Section 32, Township 50 South, Range 26 East, Collier County, Florida; consisting of
30 +/- acres.
Bo
Petition NUA-99-1, Marklin and Evonne Prescott, requesting approval of a non-
conforming use alteration to replace a mobile home damaged by a fire with another
mobile home in an RMF-6 residential multi-family district. The subject property is
located at 3255 Lunar Street off Bayshore Drive.
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THIS ITEM HAS BEEN CONTINUED INDEFINITELY. Petition PUD-98-13, R.
Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing Collier
Development Corporation, requesting a rezone from "A' Rural Agriculture to "PUD"
and "PUD" to "PUD" Planned Unit Development to be known as Collier Tract 21,
formerly Beachway PUD, for a golf course and accessory and incidental facilities
including a clubhouse, 50,000 square feet of C-3 commercial uses and/or a hotel on
property located between U.S. 41 on the east and Vanderbilt Drive on the west, lying
north of 111'b Avenue and south of the Cocohatchee River, in Section 21, Township 48
South, Range 25 East, Collier County, Florida consisting of 267.44 +/- acres.
Do
Petition VAC-99-010 to disclaim, renounce and vacate the County's and the public's
interest in road right of way located within the Cedar Hammock project which was
conveyed to the County by O.R. Book 195, Page 465 and road right of way, utility and
drainage easements conveyed to the County by O.R. Book 240, Page 896, Public
Records of Collier County, Florida, and being located in Section 3, Township 50 South,
Range 26 East.
go
THIS ITEM HAS BEEN CONTINUED TO THE JUNE 22, 1999 MEETING. PUD-99~
01, William L. Hoover, AICP, of Hoover Planning, representing Daniel R. Monaco,
Trustee and Michael E. Nortman, Development Manager, The Prime Group, Inc.,
requesting a rezone from "A" Rural Agriculture and "PUD" Planned Unit Development
(Mocake PUD and Zurich Lake Villas PUD) to "PUD" Planned Unit Development to be
known as Malibu Lake for a maximum of 732 multi-family dwelling units and
commercial uses for property located on the south side of Immokalee Road and the east
side of 1-75, in Section 30, Township 48 South, Range 26 East, Collier County, Florida,
consisting of 128.92 +/- acres.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
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May25,1999
May 25, 1999
Item #3
REGULAR, CONSENT AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH
CHANGES
CHAIRWOMAN MAC'KIE: We'll call to order the Board of County
Commissioners meeting for Tuesday, May 25th, 1999. We're honored this
morning by having Reverend Robert Jacobs of the Messiah Lutheran
Church with us for the invocation. If you'll stand for the
invocation, remain standing for the pledge.
REVEREND JACOBS: We make our beginning in the name of the Father
and of the Son and of the Holy Spirit.
And Father, it's always a joy to come into your presence, because
you remind us in the Psalms that daily you open your hand and you
satisfy the desires of every living thing. And we come before you,
Lord, because we realize we need your guidance and direction. Not
because we need to inform you, because you already know, but you need
to give us guidance and direction.
And as we look at this agenda for today, Lord, it is filled with
varied topics and interests ranging from many different avenues, but
perhaps the greatest one which is before us today is the evaluation of
our county administrator, Mr. Fernandez.
We ask your guidance and direction upon this whole issue as it
comes before this County Commission. Give them ears to listen, to
evaluate, and then give them guidance and direction; direction to know
what is best, and the direction to make that right and proper
decision.
And our comfort, Lord, is that even as we tackle these difficult
and hard decisions concerning so many people, we realize that you are
there to guide and to direct, for you remind us that you guide us in
the paths of righteousness for your name sake. And so we commend all
this to your care, trusting in your promise, through your son, our
savior. Amen.
(Pledge of allegiance.)
CHAIRWOMAN MAC'KIE: Thank you so much, Reverend Jacobs.
COMMISSIONER BERRY: Madam Chairman?
CHAIRWOMAN MAC'KIE: Yes, ma'am.
COMMISSIONER BERRY: I think it would be also appropriate at this
time to take a moment of silence for a deputy that lost his life
yesterday out on Immokalee Road. So if we could have just a moment of
silence, please, in his memory.
Thank you.
CHAIRWOMAN MAC'KIE: Thank you, Ms. Berry. I appreciate that
very much.
Changes to the agenda this morning. Mr. Fernandez?
MR. FERNANDEZ: Yes, Madam Chairwoman. Good morning,
Commissioners. First item is to add Item 8(B) (4). This is a status
report on the Contract No. 97-2771, removal of non-specification
material from the Naples Beach. This is staff's request.
Next is to add Item 14(B) . This is authorization for the
Chairwoman to sign a letter requesting a veto of Senate Bill 318,
intangibles tax county revenue sharing.
The next is to withdraw Item 16(A) (1), which is authorization of
a 50 percent waiver, 50 percent deferral of the impact fees for one
house to be built by Larry P. Basik and Anita L. Basik in Kings Lake,
Collier County.
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May 25, 1999
The next item is to move Item 14(A) to 8(A) (5). And we request
this item be heard first under the Community Development Services
issues. This is the update on the stipulated agreement package to the
Department of Community Affairs. CHAIRWOMAN MAC'KIE: Okay.
MR. FERNANDEZ: The final item is to move Item 16(J) (2) to 9(A).
This is moving from consent to regular agenda. This is a
recommendation to consider a settlement proposal in the case of Bambi
Henderson, et al, versus Collier County, Case No. 97-3387-CA-01.
COMMISSIONER CONSTANTINE: Can I ask why the time specific
request on the former 14(A), now 8(A) (5)?
CHAIRWOMAN MAC'KIE: To hear it at the beginning of the --
MR. FERNANDEZ: To hear it earlier in the meeting? Because of
the nature of the issue.
CHAIRWOMAN MAC'KIE: Just that it's such a --
MR. FERNANDEZ: It's appropriate to hear it earlier on in our
meeting.
COMMISSIONER CONSTANTINE: That's what I -- I'm asking, why is it
appropriate? It just seems that most of the people involved are paid
to be here, as opposed to some of the folks who might be here on other
issues who are spending their own times. So if there's somebody that
needs to catch a flight to Tallahassee or something, I understand, but
MR. FERNANDEZ: No, it's not something like that.
COMMISSIONER CONSTANTINE: -- otherwise --
CHAIRWOMAN MAC'KIE: Well, I guess I'd like to hear it as early
as possible, frankly, before we get all tied down in the
transportation element. It's just such a -- sort of while we have
fresh brains, more than anything else.
Anything else?
MR. FERNANDEZ: That's all, Madam Chairwoman.
CHAIRWOMAN MAC'KIE: Mr. Weigel, any changes?
MR. WEIGEL: No changes whatsoever.
I would like to bring under staff communication the discussion
concerning the definition of lobbyist, under our recently enacted
ethics ordinance.
CHAIRWOMAN MAC'KIE: So we'll have that at 14(C), what is a
lobbyist.
Commissioner Berry?
COMMISSIONER BERRY: Yes, I'd like to add one item, actually, on
behalf the division of forestry regarding the burn band. The Governor
has lifted it. And I think since we had imposed one as well, it would
be appropriate to lift our band.
CHAIRWOMAN MAC'KIE: So where should that go, Mr. Fernandez?
MR. FERNANDEZ: I would place that under Board of County
Commissioners, 15(B) .
CHAIRWOMAN MAC'KIE: Anything else, Commissioner Berry?
COMMISSIONER BERRY: No, ma'am, that's all.
CHAIRWOMAN MAC'KIE: Commissioner Norris?
COMMISSIONER NORRIS: Just one item, Madam Chairman. 10(D), I
would like to add consideration of reappointment of member to
represent board at DCA meeting.
COMMISSIONER BERRY: What number is that, John?
COMMISSIONER NORRIS: D, 10(D).
COMMISSIONER BERRY: Okay.
Page 3
May 25, 1999
CHAIRWOMAN MAC'KIE: Okay. Any questions -- any changes,
Commissioner Carter?
COMMISSIONER CARTER: No.
CHAIRWOMAN MAC'KIE: Commissioner Constantine?
COMMISSIONER CONSTANTINE: No. I just had a question, and maybe
she's already answered that. Commissioner Berry had been quoted in
the paper as considering adding a motion to remove the chair. We're
not adding that today?
COMMISSIONER BERRY: I would have added it if I wanted it on
there.
CHAIRWOMAN MAC'KIE: Do you have anything, Tim?
COMMISSIONER CONSTANTINE: No, I don't.
CHAIRWOMAN MAC'KIE: The only thing that I have is I'd like to
ask that we move the discussion of the county administrator's
evaluation, just to do that immediately after the presentation,
service awards, proclamations, just to sort of ease the agenda, the
tension, if nothing else. So we'll move that. We'll hear it right
before public petitions.
Okay. Anything else?
COMMISSIONER CARTER:
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
Commissioner?
COMMISSIONER CARTER:
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
Opposed?
(No response.)
If not, do I have a motion?
I move -- so move we accept the agenda.
Is there a second on the setting the agenda?
That includes all three portions,
Yes.
I'll second that, then.
Motion and second. All in favor, say aye.
Page 4
05/25/1999 07:28 9417744010 C1]UNTY MANAGER
PAGE
AGENDA CHANGES
~O~R~ OF COUNTY ¢OMMi~$1ONERS'
ADD: ITEM S(B1(4~ - NTATUS REPORT ON CONTRACT NO. 97-2771, I~MOIXAI, OF NON-
~P~CIFICATION MATERIAL FROM THE NAPLF~ BF. ACH.. (~TAFF'$
ADD: IT_~.. 14{B~ - AUTHORIZATION FOR THE CHAIRWOMAN TO SION A LETTER
RKI2UI~TING A k'~TO OF SENATE BILL ~15 - INTANGIBLF~ TAX/COUNTY REP~NHE
$1tARING. (5TAFF'S REQUESD.
W~THDRAW:,. ITEM 16(A~(I} - AUTHORI~4TION OF A $O*/~VAIVEi~$0% DEFERRAL OF
~PACT FE~ FOR ONE HOUSE ~ BE BUILT BY ~Y ~ ~SIK~ND ~ITA ~ BA~IK IN
~N6'S ~, COLLI~ COUNT~ ~PPLI~NT'~
MO~E: ITEM 14{AP T~ 8(A)(51 - THIS ITEM TO B£ HEARD FIRST UNDER COMMUNITy
~VELOPM,.ENT SER_VICES: UPDATE ON STIPULAT~ AOREEMENT PACKAGE TO THE
DEPARTMENT OF COMMUNITY AFFAII~ ~9TAFI~$
May 25, 1999
Item #4
MINUTES OF APRIL 27, 1999 REGULAR MEETING - APPROVED AS PRESENTED
CHAIRWOMAN MAC'KIE: Motion passes unanimously.
And I don't have minutes, so we can go directly to proclamations.
Commissioner Carter?
We do have one set of minutes? I'm sorry, I missed it. April
27th. Thank you, John. Can I get a motion on the April 27th, '99
regular meeting minutes?
COMMISSIONER NORRIS:
COMMISSIONER CARTER:
CHAIRWOMAN MAC'KIE:
Opposed?
(No response.)
Move acceptance.
Second.
All in favor, say aye.
Item #5A1
PROCLAMATION PROCLAIMING THE WEEK OF MAY 23-29, 1999 AS NATIONAL SMALL
BUSINESS WEEK - ADOPTED
CHAIRWOMAN MAC'KIE: Now we can go to proclamations. Commissioner
Carter.
COMMISSIONER CARTER: For the National Small Business Week, and
we have some people in the audience this morning that will step
forward, I believe, to accept this proclamation. If you're here, any
of those representatives, if you would come forward. I know Dr.
Pegnetter is here. Looks like we have a whole delegation. So if
you'll all come forward as I read this proclamation this morning.
Since 1963, the president of the United States has designated a
week as National Small Business Week in recognition of small business
community contributions to the American economy and society; and
WHEREAS, the Economic Development Council of Collier County, the
United States Small Business Administration, and other small business
supporters sponsor special activities honoring on the nations
entrepreneurs at the local, state, and national levels; and
WHEREAS, the Small Business Development Center, Florida Gulf
Coast University, and the Service Corps of Retired Executives, SCORE,
strive to provide economic opportunities for entrepreneurs for the
business expansion and new business development for small businesses;
and
WHEREAS, the Collier County Banking Partnership promotes small
business and minority businesses development through the Microloan
program, assisting persons needing a small business loan; and
WHEREAS, the number of small businesses in Collier County with 20
employees or less constitute 90 percent of the total number of
businesses in the market; and
WHEREAS, the Economic Development Council of Collier County
continues to serve as an advocate for small businesses by endeavoring
to create programs that promote high wages, job diversification and
economic prosperity.
AND NOW, THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of May 23
through 29, 1999 be designated as National Small Business Week.
DONE AND ORDERED THIS 25th day of May, 1999, Board of County
Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman.
Page 5
May 25, 1999
Madam Chair, I move that we accept this proclamation.
COMMISSIONER NORRIS: Second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
(Applause.)
CHAIRWOMAN MAC'KIE: If anybody has a comment. Commissioner
Carter?
COMMISSIONER CARTER: If anybody would like to say great things.
CHAIRWOMAN MAC'KIE: Any comments? Please go to a microphone and
thank you for being here.
MR. REGELSKI: Thank you very much for recognizing the efforts of
this terrific group of resources that you have here in Collier County.
I'd like to just note that every county in the State of Florida has
these same resources, but the way that they are grouped together and
activated in Collier County is very unique, and something that Collier
County should be extremely proud of. To have the Economic Development
Council work as effortlessly as they do, partnering with Senior Corps
of Retired Executives, Small Business Development Center, as well as
the Collier County government, is something very unique.
Topping it all off is the collaboration of the Collier County
Banking Partnership, which is just unheard of throughout the state.
And we really do work hard to make these resources available to the
small business owners who need them and who deserve them, and we thank
the opportunity to allow us to work in this environment. Thank you.
CHAIRWOMAN MAC'KIE: Thank you.
COMMISSIONER CARTER: Thank you.
CHAIRWOMAN MAC'KIE: Excuse me, sir, could I have your name for
the record?
MR. REGELSKI: Dan Regelski.
Page 6
WHEREAS,
WHEREAS,
PRO~LA~A TZON
HAY 199
since ]965, the Pr~Ment of the United 5tnt~ hn~ d~i~nnted n.
week ~ ~tio~l 5mall 8u~n~ Week in Pec~nitiion of ~m=ll
bu~in~ communi~ confPibutio~ to the Amecican economy end
~oci¢~; onE,
the Economic Development Council of Collier County, the United
States 5moil 8us/ness Administration, and other sma//bus/ness
sopporters spoILqor spec/o/oct/v/ties hoflor/n9 the natJon'~
entrepeneurs at the local, state, and national levels; and,
the Small Business Development Center, Florida Gulf Coast
Un/versify, and the Service Corps of Ret/red Executives (SCORE)
strive to provide economic opportunities for entrepreneurs through
bus/ness expansion and new bus/ness development for sma//bus/ness;
and,
WHEREAS,
WHEREAS,
and,
20 employees
of businesses/n
WHEREAS,
to
to create
and economic
NOW the
of
29, 1999 be
DONE AND ORDERED TI4Z$ 25th Day of/day, 1999.
WEEK
80ARb OF COUNTY COM/d£$S_TONER$
COLLTER COUNTY, FL ORIDA
May 25, 1999
Item #5A2
PROCLAMATION PROCLAIMING 1999 SPRINT'S 100Ta ANNIVERSARY YEAR -
ADOPTED
CHAIRWOMAN MAC'KIE: Commissioner Constantine?
COMMISSIONER CONSTANTINE: I think Buddy Brunker, who's our local
phone folks celebrating 100 years, is here. Buddy, if you'd come up,
we have a proclamation to read with Sprint celebrating their 100th
birthday. Face our friends in TV land.
WHEREAS, Sprint began in 1899 as Brown Telephone Company in
Abilene, Kansas; and
WHEREAS, in 100 years, Sprint has grown into a global
communications company at the forefront in integrating local long
distance, wireless and data communications; and
WHEREAS, while Sprint has grown up, it's never grown away from
its local hometown roots; and
WHEREAS, Sprint today provides local service to more than seven
million customers in 3,000 communities across 18 states; and
WHEREAS, Sprint has a rich history dating back to the beginnings
of telephony in Florida 100 years ago -- a new word to me --
WHEREAS, Sprint serves more than 209,500 access lines in Collier
County alone; and
WHEREAS, Sprint offers the residents of Collier County an
extensive menu of telecommunications, products, and services; and
WHEREAS, Sprint is a solid partner and a consistent and generous
supporter of Collier County's economic, educational and charitable
programs.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida that 1999 be designated as
Sprint's 100th Anniversary Year, and recognizes the contributions
Sprint has made to the telecommunications industry, to the communities
it has served and to its customers.
Done and ordered this 25th day of May, 1999, Board of County
Commissioners, Collier County, Florida. Pamela S. Mac'Kie,
Chairwoman.
Madam Chair, I'd like to make a motion we approve this
proclamation.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: All in favor, say aye?
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously. Congratulations.
(Applause.)
COMMISSIONER CONSTANTINE: Buddy was one of the founders of the
company.
MR. BRUNKER: Sometimes I feel like it.
COMMISSIONER CARTER: Sometimes the services --
Page 7
HAY 2 5 1999
WFtEREA$, 5pr/nt began ltl 1899 as Brown Telephone Company/n Ab/lene, Kansas;
and,
/n 100 years, Spt/tit has grown /nto a global te/ecommun/cations
company at the forefront itl/ntegrot/ng local, Ion9 d/stance, wireleis
and dom common/carlon~,' and,
WHEREAS, wh//e Spr/nt has grown up, it has tiever grown away from/ts local,
home town too ts; and,
5pr/nt today provides local serv/ce to more than 7m/H/on customers
/n 3,000 commun/t/es across 18 states; and,
WHEREAS,
Spr/nt has a r/ch h/story dat/n9 back to the beg/nnings of telephony
/n F/or/da 100)lears ago: aha;
WHEREAS, 5pr/nt
Call/er County; and,
WHEREAS,
WHEREAS,
f/otls
sol~=/
extensive menu of
supporter of
NOW ,f
des/gna:
to the
it serves and to/ts
DONE AND ORDERED TH£$
1999.
A T'7'~S E'
D~}£a~E'B~OCK, ~LgRK ~
BOARD OF COUNTY COt~I~£$5£ONER5
COLL£L.~UN TY, FL OR£DA
P
May 25, 1999
Item #5A3
PROCLAMATION PROCLAIMING THE MONTH OF MAY, 1999 AS FOSTER PARENT MONTH
- ADOPTED
CHAIRWOMAN MAC'KIE: Commissioner Berry has our next
proclamation.
COMMISSIONER BERRY: Yes, I do. Is Ms. Kathy Rushing here,
please? Could she come up here and stand in front of the dias, we'll
read your proclamation.
WHEREAS, on any given day more than 10,000 children in the State
of Florida are living in foster care; and
WHEREAS, foster parents throughout the State of Florida dedicate
themselves to providing foster children with the love and values that
help prepare them for responsible adulthood; and
WHEREAS, in the month of May, public and private sector agencies,
child advocates and residents will be increasing the public's
awareness of the needs of foster children and the enduring and
valuable contributions of foster parents.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners, Collier County, Florida, that the month of May, 1999 be
designated as Foster Parent Month in Florida, and urge all residents
to volunteer their talents and energies on behalf of foster children
and foster parents during this month and throughout the year.
DONE AND ORDERED THIS 25th day of May, 1999, Board of County
Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman.
Madam Chair, I'd like to move acceptance of this proclamation.
COMMISSIONER NORRIS: Second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
(Applause.)
CHAIRWOMAN MAC'KIE: You guys do incredible work. Thank you.
Page 8
on any given day, more than 10,000 children in the State of Florida
are//v/nE in foster care; and,
H/HERPA$,
foster parents throt~hout the State of Florida dedicate themselve~
to providin9 foster children with the love and value~ that help
prepare them for responsible adulthood; and,
/n the month of May, pub/lc and private sector agencies, ch/Id
advocate~, and re~/dents will be/ncreasir~ the pub//c'~ awareness of
the needs o£ £os~ter children and the endurirn3 and valuable
contribution~
NOW
,f
designated
and th/s
BOARD OF COUNTY COMM£$$£ONERS
COLL~pA/r~ELA S./~ACKZE, CHA~.RWO~AN
D
BROCK, CLERK
Item #SB
EMPLOYEE SERVICE AWARDS - PRESENTED
May 25, 1999
The next item on today's agenda are service awards. I'm going to
start with the pinnacle of the awards today and that is Mr. Bill
Finch, who's served for 15 years in parks and recreation. Come
forward.
(Applause.)
CHAIRWOMAN MAC'KIE: Next, for 10 years, we have Sharon
Cornelison -- I'm sorry, Cornelison.
Thank you, Tim.
(Applause.)
CHAIRWOMAN MAC'KIE: Next, for five years of service, we have
Barbara Nichols.
(Applause.)
CHAIRWOMAN MAC'KIE: For five years of service, we also want to
thank Greg Pratt. Is he here? We'll convey our thanks to him
otherwise.
And for five years of continuous service, Ramon Davila.
(Applause.)
CHAIRWOMAN MAC'KIE: Tell me how to really say your name.
MR. DAVILA: Davila.
CHAIRWOMAN MAC'KIE: Davila. Thanks.
Item #10C
CONSIDERATION OF TERMINATION OF EMPLOYMENT OF COUNTY ADMINISTRATOR -
COUNTY ADMINISTRATOR TO BE RETAINED, GUIDELINES REGARDING PLAN OF
ACTION TO BE PRESENTED IN JUNE FOR MR. FERNANDEZ,S EVALUATION IN
NOVEMBER
We'll jump right in at this point then and have our discussion of
the county administrator's evaluations.
One of the things that I'd hoped to do with this process is to --
is to end up with some consensus direction from this board, whether it
is that Mr. Fernandez no longer continue as our county administrator,
or whether if he is to continue, that he have clear direction from a
majority of the board and not individually.
I don't know what the will of the group is, if you'd like to
discuss your evaluations at this point in time or if everybody has had
the opportunity to discuss them individually with Mr. Fernandez.
COMMISSIONER CONSTANTINE: I'd like the opportunity. One of the
criticisms being when I brought the issue forward was that we hadn't
all been able to see evaluations, and what didn't make a whole lot of
sense to me was we then immediately delayed the evaluations so that we
wouldn't see them before today's discussion. So I'd like an
opportunity just to see and discuss those evaluations now, so we all
know where one another's coming from.
CHAIRWOMAN MAC'KIE: As uncomfortable as that process is of
having a public discussion of evaluations, I don't think we have an
option.
Sue, I only made one extra copy of mine. Could you come and --
and we have Commissioner Berry's evaluation here. Perhaps you could
make copies of the others?
COMMISSIONER NORRIS: Yeah.
Page 9
May 25, 1999
COMMISSIONER CARTER: Commissioner Mac'Kie, did you receive my
copy? It was distributed Friday.
CHAIRWOMAN MAC'KIE: I did, but don't have it with me, but I
certainly have had the chance to review yours.
COMMISSIONER NORRIS: As did I. And relating to those
evaluations, the one that we did last fall and the one that I did here
a couple of weeks ago really don't have any material changes in them.
The comments and so forth that I made last fall are essentially the
same, and the nature is the ones that I made on this one.
CHAIRWOMAN MAC'KIE: So the general consensus, your evaluation
last time was a negative one. I just haven't seen yours at all. Is
yours generally -- did you give it a grade? I -- you know, I've got
kids in school so I put letter grades by some of mine.
COMMISSIONER NORRIS: Well, our kids have passed school. I
didn't put a letter grade on it. But it would probably be below what
you would want to see.
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER BERRY: I gave you mine.
CHAIRWOMAN MAC'KIE: Yes.
COMMISSIONER BERRY: You have that. If you want -- do you want
to us go through our evaluations? I'd be happy to do it. Mine's
short. As you know, it's only one page. I did it a little bit
differently perhaps than the rest of you. I took the eight categories
in the county administrator's contract, which is -- you were not
limited to using. But I think basically it encompasses most of the
points --
CHAIRWOMAN MAC'KIE: Yes, ma'am, I do, too.
COMMISSIONER BERRY: -- Chairwoman, as you had pointed out in the
little list that you gave us. I believe that it encompasses that.
I'll start with budget management. I find no fault with the
presentation. The budget's been brought to us in a straightforward
and in a forthright manner.
Supervision, the administrator's style is one of empowerment to
heads of division, is one of change and can be viewed by some as not
in control. In effect, it places more responsibility and
accountability on departments. If divisions are having accuracy and
information problems, then that needs to be addressed and communicated
to Mr. Fernandez.
Personnel management, Collier County is blessed with many
confident individuals. This is not a small organization. There will
always be some who are disgruntled. Again, working for one
administrative style for a number of years and then changing style may
take time, and expectations must be clearly articulated to the
employees.
Number four, leadership. The county administration has brought
forth several changes. Meetings of the commission on a biweekly
schedule, proposed emergency services division, separating fire and
EMS, merit pay plan in different divisions based on allocation of
money as set forth by the BCC.
Number five, execution of policy. Merit pay plan is an example
of execution of policy. The board allocated minimal dollars to the
divisions and county administrator, after much discussion, came up
with a plan.
Number six, department performance. I believe the job is being
done; however, continuous improvement should be expected in all
departments. Recent unionization talks should not be laid at the
Page 10
May 25, 1999
administrator's feet. With the great influx of new people, it is to
be expected.
Number seven, relations with the BCC. I know certain
commissioners seem to have some concerns with Mr. Fernandez. I
personally don't have any serious issues with him that I haven't
communicated. His job is not to play politics with the board but run
the county with the best administrative practices.
And number eight, community relations. Mr. Fernandez attends
many events and speaks on a number of occasions. Better use of
Channel 54 is also evident.
In summation, I believe our current administrator has the
qualities and experience to lead Collier County. We need to set some
realistic and measurable goals and then stick to our job-setting
policy.
CHAIRWOMAN MAC'KIE: Your overall grade is written at the bottom,
which is a satisfactory plus?
COMMISSIONER BERRY: Correct.
CHAIRWOMAN MAC'KIE: Commissioner Norris, you want to summarize
your evaluation for us?
COMMISSIONER NORRIS: Short version would be that I am not happy
with the management style. My opinion of what the county
administrator should do is to be the decision-maker. I'm simply not
comfortable with the management by committee style that we are
currently apparently using at the staff -- for the staff, I should
say.
The -- I think the county administrator would serve our county
better if it was done with the -- of course with the input of all the
division heads, department heads, so forth. But have the county
administrator firmly serve the final decisions. I think that's what
we pay him for.
The -- there were several questions in the evaluation that
related to integrity and so forth. And that to me was never a
problem. I think Bob is a very honorable and honest person, and to me
that has never been a concern.
Another area of concern that I do have, however, is the -- I hear
from the public that it's -- it has become more difficult in recent
times to get phone calls returned and information from not just the
county administrator's office but throughout the county, and I don't
really have any way of evaluating that, other than what I hear from
the public.
I have the same concerns as several of the board members do about
some of the information that has been forthcoming to the board during
our board meetings.
One area where I have been happy is in the budget process. I
think last year's budget discussions went smoothly and in an orderly
fashion. And I was generally happy with that.
But I think the bottom line is that while I think Mr. Fernandez
is a fine person and certainly gives no concern about his honesty or
integrity, the -- his leadership style may not be the best suited for
Collier County at this point. And I think that's really what we're
here for is to make sure that we, as a commission, employ the people
that are best suited to operate our county today.
CHAIRWOMAN MAC'KIE: Okay. I'll go next in order. I will tell
you the -- I'd like to start with the good news. The good news in my
evaluation is, in all the questions that reflect -- have anything to
do with ethical behavior, I have an immense respect for Bob's
Page 11
May 25, 1999
professionalism and ethical behavior, and the fact that he walks the
talk, he doesn't just talk it. So there are several A's on my
evaluation where those questions arise.
There's also an A on my evaluation with regard to periodic
written communications in that I think that the improvement to the
county's newsletter has been significant, and I'm particularly pleased
with the way we're using Channel 54 in a much more productive and
communicative way.
I have some B's on my -- in my evaluation that have to do with
the salary and benefits question. I thought Bob did an outstanding
job. I was on the productivity committee last year and I was very
pleased with the work that he did with that committee and with the
completely changed pay plan that came forward, so that we no longer
have automatic raises, we have pay for performance and merit raises,
and I was very pleased with that.
I had some questions about the implementation of that, as a
result of the information Commissioner Constantine was kind enough to
bring forward, and wondered if it were in fact utilized as effectively
as perhaps it could be, and if it, like our evaluation process,
perhaps could use some streamlining.
I also gave B's on public speaking, attendance at public events.
And on -- a B-plus on the budget presentation, particularly
because of the interim quarterly reports that we've gotten. I've been
very pleased with those.
The bad news for me is basically the same as I expressed a couple
of weeks ago and that is best described as what I see is a lack of
strong leadership.
One of the things I'm going to just tell you right up front is
that I have just struggled, as all of you have, with this, not just
over the last couple of weeks, but certainly over the last few months,
because I'd known I was going to asking for evaluations and knew that
I was going to have to say what I think.
I can tell you, in my evaluation, and I have told Bob, what are
the things that in my experience, in my experience with Bob that I
think need improvement. And in some that I think need significant
improvement, and that in fact had raised themselves to the level of my
losing confidence in Bob's ability to manage the county. They have to
do with -- we keep saying leadership style. But I'm not so sure it's
leadership style as much as it is leadership or non-leadership.
I -- well, let me get back to my evaluation and tell you some of
the things that I have some D's and D minuses on.
I have been dissatisfied with the thoroughness of Bob's responses
to the board and to me individually, and have worried that he's not
well versed in the issues. As simple as when we sit down to go over
the agenda, sometimes I feel more familiar with the details of an item
coming forward than the county administrator. He knows that that
troubles me, because he's the professional, I'm the board of
directors. I would hope that he would know more of the details than I.
Question five has to do with my greatest concern to the board,
and it relates to the same question, the familiarity with day-to-day
workings of the county, and the fact that I again find myself
concerned about who knows -- I said in my evaluation, who's minding
the store if I know more about the day-to-day.
I'm tremendously troubled by the fact that I've gotten some poor
and in fact inaccurate information at times from Bob, and find that
just completely unacceptable.
Page 12
May 25, 1999
There are -- there are elements -- there are problems in the
county that I think have been adequately communicated to Bob with
regard to staffing and otherwise that require action where action has
not been taken, and that is a serious leadership problem.
Again, Commissioner Berry, I don't put the union organization
efforts at the feet of Mr. Fernandez. I don't think that could have
happened automatically upon his arrival. But I will say that
regardless of the genesis of the problem, the outcome is essentially
at Bob's feet for him to try to manage that.
COMMISSIONER BERRY: And there is a plan.
CHAIRWOMAN MAC'KIE: And there is a plan.
COMMISSIONER BERRY: There certainly is.
CHAIRWOMAN MAC'KIE: Two final areas. One has to do with the
question of crisis management. And again, Bob and I have discussed
this directly. For example, in the Building A debacle, as I call it,
that was a case where with some strong leadership I think we could
have avoided a lot of that confusion, and 45 different kinds of
different applications coming in and thinking and deciding and
re-deciding. I just felt -- I felt really unassisted in that regard,
that we had to come up with the solution on the dias without any very
good recommendations.
Finally, and this may be one that is not fairly put in Bob's job
description, but it's a tremendous need of this county. There's a
question on the evaluation form about his ability to develop consensus
among conflicting staff positions, and that made me think how useful
it would be if our county administrator could help us as a board
develop consensus. I can't imagine a more challenging request,
considering that, shall we say, divergent personalities on this board.
But as I've discussed it with Bob, one of the things that he has
made me see is that perhaps as a result of single member districts,
perhaps as a result of the personalities and divergent views on the
board, whatever the reason, Bob and his staff are sort of the at-large
representation at this county, and we need really strong leadership on
broad views of what's best for the county as a whole. And that needs
to be his position of advocacy, that he's not merely implementing our
policy, but he's also advocating for the community at large based on
his best professional judgment.
That's the end of my evaluation.
COMMISSIONER CONSTANTINE: I just wanted to touch on, before I
talk specifics, there were a couple of questions that were repeated to
me over and over and over in the last couple of weeks, and one of
them, just why didn't we work with him privately first? Why didn't I
talk with him privately first? And I did.
And from comments that have been made here and in the papers, it
sounds like other commissioners have as well. The key to that is
those were private, so obviously they were not reported in the paper.
And the unfortunate part of this whole process is that it is by
requirements of law, it's a public process. And it's an ugly one,
it's no fun, it's no good for any of us.
And as I said a couple of weeks ago, this isn't about whether or
not Bob's a nice guy. I don't think anybody up here will say they
don't like him personally. I don't think anybody here will challenge
his integrity, his ethics or otherwise. The question is the
performance on the job.
And you mentioned the Building A issue and the board had to come
up with a solution. I think of the Marco Island City issue. It went
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May 25, 1999
on for months and months and months, and it wasn't until the board
stepped in that we came up with a solution.
Last summer we had the issue with the transportation for the
handicapped, and that was not addressed at the staff level, and the
board stepped in and addressed the solution.
And so I agree with you there, I think there is a problem as to
it's not just leadership style. When we talk about empowerment, that
can be an effective management tool for some people in some places,
and perhaps it could be here. But here in this individual case, that
may be the intent, but the result we've gotten in my opinion has been
a detached hands-off management style. And unfortunately, Mr.
Fernandez isn't as well informed as I would hope a manager to be.
I was looking at your grades there, and I -- we had -- used to
actually have a form that we do the administrators with so at least we
were all using the same type things to judge with.
But as I went through and I did the math real quick, there were
three A's, three B's, seven C's and 10 D's or D-minuses. And the
grade point average of that, if you start adding them up, is a D
average. And the question becomes not whether Mr. Fernandez is
working to the best of his ability, it's whether his ability is the
best we can do in this community. And I just think as you look at
these reviews, the answer is no.
CHAIRWOMAN MAC'KIE: Do you think your review has been
sufficiently discussed? Do you need to take us through it point by
point?
COMMISSIONER CONSTANTINE: Yeah, I know I touched the number of
the questions specifically two weeks ago, so I won't do that again.
CHAIRWOMAN MAC'KIE: Commissioner Carter, would you like to talk
about your review?
COMMISSIONER CARTER: A few comments, before I start this, if I
may.
CHAIRWOMAN MAC'KIE: Of course.
COMMISSIONER CARTER: First of all, as the newest commissioner,
regardless whether it's me or any other commissioner comes in, after
six months in this position to be put into this position to evaluate
the county administrator, I hope we can correct that process. Let's
give any commissioner a year to work with whoever sits in that chair
an opportunity to really understand what this whole business is all
about, because it's a learning curve for me.
Secondly, as I listen to all of this, my concern is, have we ever
clearly defined the management abilities that we're looking for in a
person that sits in the county administrator's chair? Regardless of
the outcome of this evaluation and discussion this morning, I will
bring to the board 30 management abilities that are used by executive
teams around the country where we can rank order those in a priority
that says in the future these are our expectations, these are the
abilities by which we want to measure a county administrator. And
that we have some consensus on that so that when we talk about
communications and we talk about leadership, that we have some common
ground by which we approach this.
Now, I recognize that it can be a matter of opinion and
preference of what you prefer, in a person that sits in the chief
executive officer's position, which in this case is our county
administrator. I like a participative style. I like a style that
embraces and works with the other department administrators. Now,
that's a high-risk position, because you give people a latitude to go
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May 25, 1999
at risk to make decisions or not make decisions, and ultimately you're
accountable for that. And sometimes it doesn't work as well as you
would like it to work. And Bob and I have talked about this.
I like his style. I would like to see him strengthen that
process by perhaps being more assertive or being -- project more on
that. But I have rated him in that area as being satisfactory. And
what I mean by that, I think he's doing the job. He needs to
strengthen that process to really make it work. And that's a
transition. Because when you go from one style to another style,
everybody on the team has to get used to it and do you trust the new
style. That's a question that's always in front of you. And I think
he's only been in it a short time, really, in two years, and I'm
willing to give it a year to see if we really get the thing to roll
out and make it work. And I've had this discussion with Bob on that
basis.
Generally, I only use a three-point scale when I evaluate people.
They either exceed my expectations, they meet my expectations, or
they don't meet them. That's a simplistic process for me. And
there's many, many different ways. I used satisfy throughout most of
my evaluation, as you have all read. And I've had the discussion with
Bob about this. To me he is satisfactory at this point from my
experience of being on this board. There are areas I'd like to see
him improve. There are some areas I would like to see carried
downward.
But I think one of the big moves that he made is he wanted an
organizational effectiveness study. And that gives you a tremendous
amount of information to see what you have to do and how you have to
get tougher in certain areas. And he may have to make some changes.
He inherited a team. And actually, we said to him gee, we're not
going to let you expand it. And I was one of the people that said,
no, I don't want you bringing in a fifth person, you've got to work
with what you have. In the business world, probably you take over,
you may have cleaned house pretty quickly. You may have just dumped
some people, good, bad, or indifferent because you want to bring in
your own team. He didn't do that. He worked with an inherited team.
And I have to give him high marks for that, because I don't know if
that team always pulled and worked with him in the way that they could
to maximize their own abilities. I think that's coming into place.
But he has to ultimately make those decisions.
So where I am this morning, and you have all read what I have
said, is that I believe that he is satisfactory in his job and I would
like to give -- from my perspective, I need another six months to
affirm or to find out whether or not it is or isn't for me. So that's
where I am this morning.
CHAIRWOMAN MAC'KIE: Thank you, Commissioner.
Commissioner Constantine had a comment.
COMMISSIONER CONSTANTINE: Just some irony, I guess. A couple of
times I've heard the comment and I read in the newspaper, the comment
that the administrator hasn't been able to bring in his own team. And
yet, if you look at all five of the evaluations, consistently the
highest mark he gets is the question what kind of employees, what kind
of management, what about his team -- I don't know how it's worded --
what about his team that he has in place. And everybody, all five of
us, has suggested that that team is a good one, a strong one. We have
very strong employees.
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May 25, 1999
So I'm not sure that we can argue both sides of that. Either we
think that's a strong team or we think it's not. And if we don't,
then we can make the point that he hasn't been able to bring his own
team in. But I think it's hard to suggest that we have a strong team
but he should have brought some others in somehow.
COMMISSIONER CARTER: Well, Commissioner, let me clarify that for
a minute. I'm not saying that the people he has aren't strong. It
takes awhile for the chief executive officer to get that team to pull
together to and work with his style and his direction. And sometimes
maybe they've got to get in his face more. But that's tough up front
when you're not really sure, is he going to keep me or not keep me.
So you've got to go through a period of adjusting to each other.
But I would hope that they now understand and work with each
other well enough that they can bang heads when they need to. They
can do what they need to do to work on the objectives that we're
setting forth as a Board of County Commissioners and go forward. And
I suspect at this point Bob doesn't feel he has to make any changes,
that he has a strong team. They need to work in lock step is what I'm
saying. And I need another six months to see how well that's going.
CHAIRWOMAN MAC'KIE: While we're on the subject of team, I'm just
going to take this opportunity, I think I have said this in the
newspaper, but I want to say publicly again, an apology to Tom Olliff
for using his name in these discussions a couple of weeks ago, an
apology to Bob Fernandez for having done that. I have apologized to
both of them privately. Totally, totally inappropriate and ill
thought out. And I continue to learn from my mistakes. So I just
wanted to get to say that publicly.
Other comments from the board?
COMMISSIONER BERRY: I do have a comment. I had gone so far as
to seek some help in looking at performance standards. This is merely
a sample. This isn't complete in any way, shape or form. But I'd
just like you to take a look that if Mr. Fernandez is to stay with us
and be our county administrator, that perhaps this is something, a
starting point, whereby we could look at the future and give him some
clear-cut direction and expectation.
And again, I'm not trying to step around anybody, but it's just a
matter -- if you want to look at it, fine. As I said, this is not
complete in any way, shape, or form. It's just something that perhaps
we could identify and use to work from in the future.
CHAIRWOMAN MAC'KIE: Commissioner Norris, you had another
comment?
COMMISSIONER NORRIS: Yeah. I think I neglected to touch on one
other subject that causes me concern, and I believe you touched on it
in your comments as well, Mr. Constantine, and that is that a lot of
times -- well, I guess most of the time it seems that things are
becoming very slow to be accomplished. I think that causes me a lot
of concern. Even if it's something that the board has actually
directed to happen, it seems like it just takes an exorbitantly long
period of time before it ever comes about. I really don't think
that's in the best interest of our county. If -- especially if the
board directs that something happen, I think it's up to the staff to
make sure that it happens in an expedient manner, as directed by the
board. And that simply is not happening in today's county government.
And once again, it is our responsibility as a board to make sure
that we have -- since we only hire a handful of people directly, it's
our responsibility to make sure that those people that we have direct
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May 25, 1999
authority to hire are the best that we can find at any particular time
to operate the county. That's only in the best interest of the
citizens. That's our responsibility.
As much as I like Mr. Fernandez, I don't think he's the right
fellow for the job at this particular time and it's our responsibility
to say so.
CHAIRWOMAN MAC'KIE: I'm going to go ahead and tell you, and then
I don't know, is this a matter in which public speakers had
registered, Mr. Fernandez?
MR. FERNANDEZ: Yes, Madam Chairwoman. You have two registered
speakers and one that submitted late after the discussion began.
CHAIRWOMAN MAC'KIE: I'm going to go ahead and we'll call those
speakers after the board is ready for their -- you know, done with
their discussion at this point. But I'm going to tell you where I
have been in the last couple of weeks. I'm going to tell the board
members this.
I -- maybe it's law school training, but I see this issue as
broken down into a couple of categories. One is procedural and one is
substantive. And you're right, John, we have a tremendous
responsibility to the citizens of this county, that we owe them the
best administrator. We owe it to them. It's not a choice, it's not
an option. But as I have evaluated that, I've looked at it
procedurally and administratively -- I mean substantively.
And procedurally, I have to say without a doubt, this is a flawed
system. I'm grateful that we have Commissioner Carter on board now
and hopeful that he can, with the productivity committee, perhaps lead
us toward a system for evaluating the county administrator and the
county attorney that is better than what we have, because we just
don't have a good system.
The other procedural thing that I have learned, frankly, is that
as every staff member at the county is evaluated, they are given at
the end of that evaluation their supervisor to develop an action plan,
and it tells them here's are the things that we want and here's what
we want to see accomplished, and here's what we like, here's what we
don't like, and here's what we want changed.
I have to say that as a board we haven't done that. And I have
to say that if I were sitting in the seat of the county administrator,
I could hear -- it would be difficult to determine what this board --
going back to that point about, you know, that we are a very divergent
bunch up here. I think that we have to come up with a better process
to evaluate and give consensus direction.
God knows, you guys know, I've spent most of my tenure on this
board being in the minority, so I understand that I may be in the
minority and not like the direction that the board gives the county
administrator. But the board has to give it, not individual
commissioners. And that, among other pieces of our very flawed system
is what's flawed most fundamentally with the process.
On the substantive issue, which is the more weighty one, even
though fairness is an important consideration, and that comes into the
procedure. On the substantive question, that's where we have the huge
responsibility, as you say, John, to do the best we can for the
citizens of this county. My experience with Bob is as I defined it
and laid it out in my evaluation, and it has some serious negatives.
And I have the responsibility to communicate those.
I will tell you, a week ago Tuesday when department directors led
by John Boldt came into this room and said -- I mean, that was a
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May 25, 1999
speech that John Boldt gave us. And on behalf of the department
directors what he said was this man empowers us to think creatively
and to come up with solutions. Please don't get rid of him.
That cannot be ignored. Because as I'm looking out, I have my
narrow field of vision and my relationship and association with Bob,
and then there's a whole other category out here that I know nothing
about, and that is, how does his staff feel about him. Well, what
they told us is they feel empowered by him and able to think
creatively.
There's another place that I received input, that I'm sure all of
you did, and that was the productivity committee. That likewise is
another avenue of information and experience that I don't have. Those
guys sit there for the very purpose of using their experience as, you
know, the former CEO's of everything in the world. Because, frankly,
we aren't. You know, I'll speak for myself. I am not a former CEO.
I don't have management training and experience. I do have good
common sense.
But I'm grateful for advisory groups like the productivity
committee who can say from the standard of professional evaluation,
not only does your process stink, but you really have a really great
administrator. Don't waste him, don't lose him. There's
short-sightedness.
So my perspective has come down to this, and that is I -- you
know, God forbid that I ever think I'm smarter than everybody else. I
can tell you what my perspective has been. I have done that in my
evaluation. I, however, hear from staff and from advisors whom I
respect and staff whom I respect, that there's more to the picture
that I don't see. That makes me pause and say is there -- is there,
therefore, some rehabilitation plan? Is there something that should
be done?
And it brings me in a circle back around to that process, that we
as a board need to develop a plan of action, a work plan consensus
direction for this county administrator and evaluate him again in
November, which is six months or so from now, which is when his
contract calls for evaluation, which is when Commissioner Carter will
have had almost a full year, and set up standards by which we can
measure his performance. That's the way I'm leaning today is that
based on substance and procedure, there is -- there's still evaluation
left to be done before a final decision can be made, because there's a
lot more information out there than what I have experienced.
Commissioner Constantine. And then Commissioner Carter.
COMMISSIONER CONSTANTINE: If I can respond to a couple of
things, just as far as performance evaluation and being able to
measure that. There are actually two tools in place, and the most
important is in the county administrator's contract that he has had
since day one being here. Actually, since about two weeks before he
started here. And it outlines eight specific areas that he's
responsible for: Budget management, supervision, personnel
management, leadership, execution of policy, departmental performance,
relations with the board, and community relations. And so those
performance requirements and expectation are very clearly defined.
On supervision, we've heard concerns about the hands-off detached
style, not being familiar with what's going on in detail.
We've -- in leadership, I've heard at least three and perhaps
four question that. Execution of policy, we've heard complaints of
things slowing down, not being as responsive.
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May 25, 1999
Relations with the board, obviously we have some concerns.
Community relations, he's tough to get ahold of, and so on. So I
think in those broad areas, that those are already very clearly
defined.
But then when we talk about more specifics, if we want to talk
more specifically what we expect, we annually hold our workshop where
we prioritize what our top priorities are, and we set that as an
annual policy, which is our role to set policy. And it is the
administrator's role to carry out that policy.
And so I think you have a very clear -- I understand and your
point is a good one, that you must have something that you are clearly
being judged upon if you're playing the role of administrator. But I
think we do have that, between the county administrator's contract and
the more detailed workshop that we have every year, putting in place
specifically how we expect those eight areas to be carried out. What
are our top priorities, what are our mid priorities and what are the
things we think don't necessarily need to be addressed. So I think
there has been adequate opportunity to do that. I just wanted to
respond to that one item.
And the second one is, I appreciate -- I think the world of John
Boldt, and I appreciated his comments last week. But -- and that may
be representative of several employees. I've had private
conversations with employees who don't feel the same, who feel exactly
the opposite. But no employee is going to stand at that podium and
share that in public, because next week they may still be working for
Mr. Fernandez. And so I think we need to temper that a little bit and
be careful. Because it's certainly much easier to get up publicly and
say something positive. And I'm glad John did that. As a matter of
fact, I jotted him a note in that while we disagree on Mr. Fernandez's
performance, I certainly respect him for doing that.
But I just think we need to balance that out. Because there
certainly are staff members who have communicated some concerns, but
they're not going to do that, nor should they, in the public forum.
CHAIRWOMAN MAC'KIE: Of course. And I neglected to say one
thing, and that is, as I go through that whole procedural -- you know,
the procedure's flawed, it gets me back to the substantive analysis,
and the questions -- you know, on a fundamental level, the questions
that I have are maybe two.
One is the question that I had when we hired Bob, and that is,
can a person go through what he has in the public process through the
politics of the job that he has and not develop a bunker mentality?
Can he use the skills that he clearly has to rise above the public
messes like this one right here to use -- to rise above the bunker and
take chances? That's the one theme.
And the other theme is that fear that I have about, you know,
who's minding the store. Familiarity with the day-to-day, with the
real gut level operations of the county.
I will tell you that in response to that concern, Bob has -- and
you guys know this, I think, in a memo he told us that he's developed
a new policy for meeting with division administrators. He's going to
meet on-site. He's going to go to the sewer plant instead of talk
about the sewer plant with a graph and a chart.
That, as an example, of a more direct hands-on management style
gives me comfort that that piece of it, that substantive issue may be
able to be addressed and I'm willing to see if it can be.
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May 25, 1999
And then on the question of whether or not he can raise his head
above the bunker. Heck, what's he got to lose? He's being told raise
your head above the bunker by three commissioners. That sounds like
the way to keep your job. So I think that maybe that, too, can be
solved.
I promised Commissioner Carter and then Commissioner Berry.
COMMISSIONER CARTER: Let me just talk about little bit about
process. I mean, we go through a planning process where you're
setting goals and then you set strategies. The goals tell you what
you want to do, strategies tell you how you're going to do it, and
then you've got the action steps. And the action steps are actually
where we begin to evaluate the administrator and the staff, et cetera.
And we're working that process. But I'm going to come back to
that you've got to get the linkages. You can do that. Then you have
to determine the abilities that you want in your chief executive
officer. Which I don't think we have really -- even though as
Commissioner Constantine points out there are eight points in the
contract, we haven't really clearly defined those abilities, and I
think that is a step that we need to do.
And as Commissioner Berry has presented, then you've got the
performance standard. And I think collectively, if we agree on the
abilities, and then we can sit collectively and say these are the
performance standards, our expectations as a board. Then you give
clear direction to whoever sits in that chair on how he can execute
the goals that we have set and the strategies that we have developed
in our processes.
Right now, I don't think that -- we're doing pieces of it, but we
haven't linked it together. And I think that's where you're going
with the discussion, Madam Chair. And I think that's what we need to
do. And we will be a better county and we will be a better board and
we will do a better job with our administrator and county attorney
when we do that process.
And if we don't, I think six months from now we can be sitting
here going through the same ugly process.
CHAIRWOMAN MAC'KIE: Commissioner Berry?
COMMISSIONER BERRY: I really concur with what Jim has offered,
because I think this is exactly where the problem is. One of the
things that I don't think that we have done as a board -- and last
year I was the chair and we went through the evaluation process, I
tried to avoid this kind of an affair because of the feeding frenzy of
the media.
Okay, well, that didn't pan out, because all of us spoke with Mr.
Fernandez. The problem was that he had five individual directions,
and what it should have been is that we should all bring our
directions to this board table and then decide what directions we need
to tell him. And if three of the board members decide that this is the
way it should be, then that's what he should follow. And if you
happen to be the loser, well, that's unfortunate. That's the way it
works.
So what we have failed to do as a board is to give him some
clear-cut direction. Right now he's got five different bosses who do
not concur on how we ought to manage the county. And he has his own
style.
Now, if you wanted somebody similar to what you had in prior
years, then that's a different management style than what Mr.
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May 25, 1999
Fernandez has. Now, if that was important to you, then you should
have thought twice about what happened prior to his coming here.
But anyway, we have not articulated our thoughts and desires. I
mean, sometimes I think be careful what you wish for, okay? You just
-- we have not done a good job in telling him what we want. Each of
us may have told him what we want, but collectively, who is he to
serve? If I'm 180 degrees away from you, Pam, who's he going to
serve? Is he going to serve you or is he going to serve me?
CHAIRWOMAN MAC'KIE: He better serve wherever there's three of
us.
COMMISSIONER BERRY: That's right. But we don't know what that
is. And until we can sit up here and articulate this and agree on the
things that we expect him to do and go in that direction, then we
can't sit up here and be critical of him.
Now, if you expect him to respond to every single phone call from
the media, you know, that's one thing. If you expect that, then you
need to tell him no matter what, once that phone call comes in, you
need to grab that phone and respond immediately. Now, if three of us
up here think that that's important, that's fine, okay? But if you
don't, and if you think you'd rather have him doing something else,
then that's something else, too. Or he may be able to address this in
a different manner. So I think it's up to us to decide what it is we
want to do.
COMMISSIONER CONSTANTINE: I think each of us knows that working
in the public forum and particularly working for five different
individual bosses is about as challenging a thing as you can do, but
it's not just what will policy be the three of us agree on. To go
through our reviews, timely, accurate information. That isn't about
style, that isn't about what any one of us thinks. That's just a
basic management necessity, providing timely, accurate information.
And that's consistent through virtually all of our reports. And those
are really the things where we get into issues.
We're going to -- not only are we going to disagree on policy
items, we're probably going to change our own minds from time to time
over the years. And you know, that's an ever-changing thing. And you
get new board members and that alters the balance again. So that's
not something we're going to magically set in stone one week and Mr.
Fernandez or any other administrator is going to be able to follow
exactly what that policy is going to be for their entire tenure. But
there are some just very basic principles of management, like
providing timely, accurate information.
COMMISSIONER BERRY: I've got to tell you, Tim, you are cool.
COMMISSIONER CONSTANTINE: If we can't do those, then we've got a
real problem.
COMMISSIONER BERRY: I got another comment, Madam Chairman.
CHAIRWOMAN MAC'KIE: Go right ahead.
COMMISSIONER BERRY: That's exactly what I come down to when you
get to performance standards, Tim. It would have been very helpful
when I came on this board as a new commissioner to have had something
in my hand that would have said if I need to have communication with
the administrator, what's a reasonable time in an expectation of an
answer? Okay? And we all knew that this was what it was going to be.
Now, if he responds to you in 20 minutes and he responds to me in two
days, okay, then we've got a problem. Okay, he doesn't know -- you
know, maybe your expectation is 20 minutes, all right, but we've never
really said what is the expectation for returning information, as far
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May 25, 1999
as I know. We've never dictated that. We've never said to him what
that reasonable expectation is.
And if he says, look, I can't get the information back to you
because the department heads are reporting to me, which they should be
doing, then what is that reasonable expectation? Two days? Two
weeks? Two months? I don't know. But we've never really said. We've
never sat up here.
Pam, I don't know what your expectation is.
COMMISSIONER CONSTANTINE: I think the expectation that all of us
have is that we will actually get a response, which I don't always,
regardless of what the time frame is. And the other expectation that
we should have is that it's accurate information.
And so again, I agree that timely to you and me may be something
different. But there are some very basic things that have been
missing. And actually getting a response and getting an accurate
response has not happened consistently.
CHAIRWOMAN MAC'KIE: I'll tell you my experience is not -- my
problem has not been not getting a response. Frankly, I would say
that I have -- where I have had problems it has more often been, for
example, with the sewer plant issue that in his haste to get a
response to me, I got inaccurate or incomplete information that
allowed me to draw inaccurate conclusions and to be concerned about
things that weren't necessary to be concerned about.
But my concern about his ability to deliver accurate information
is addressed by the in-the-field meetings and the more direct hands-on
approach that Mr. Fernandez has offered.
I also, just before we go to public speakers, want to -- because
this is the only way these things can happen is to ask Commissioner
Carter if you -- and perhaps productivity committee would be willing,
in the month of June -- I think we need something as prompt as in the
month of June, to develop these performance standards and to as a
board vote on them, identify them, give this direct clear direction to
our county administrator so that he knows what it is we're going to be
evaluating in November when we do his evaluation under his contract.
I'm not asking for you to answer it, but I'll tell you, I need
that help, whether it's from productivity committee, Mr. Fernandez can
help us come up with some -- you know, it does feel almost impossible,
Tim, to say what are the measures by which -- I don't know how to do
it. But I am told that there are professionals -- I know Mr. Carter --
Dr. Carter, is in the business of doing those kinds of things. And
I'm hopeful he can help us develop a procedure promptly that we can
use now that we can re-evaluate in six months.
COMMISSIONER CONSTANTINE: I guess I just reject the notion that
after 20 years at his level of his profession that Mr. Fernandez
doesn't have any idea what his board might be looking for. And I
haven't heard him say that, but I have heard a couple of commissioners
say that. I just don't know that I can accept that.
CHAIRWOFIAN MAC'KIE: That's not what I'm saying. What I'm saying
is I want to give him concrete measurable -- I want to give him what
every other county employee gets and that is, what was it called, an
action plan, a work plan, something like that, where your bosses tell
you this is what we want. And so that's what I'm saying, not that he
doesn't have any idea what we wants.
COMMISSIONER CARTER: Well, Commissioner Mac'Kie, I think -- I
hear what you're saying, but ultimately it gets down to getting a
consensus from this board of what the standard of performance is going
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May 25, 1999
to be in a dialogue with the county administrator. And that may
require a time where we set -- once we have designed what we think are
the standards, and present it to him, when we can discuss it and we
can get a consensus that says in this framework we agree this is how
you're going to be measured.
Now, there's always going to be individual interpretation of
that. How fast he responds, how well he does it, how well he executes
it. That -- each commissioner has to make that decision in
evaluation, and that's personal. But if you've got that framework,
then I'm an in-your-face kind of guy. I meet with him weekly to say I
don't like how we are executing the standard, I want a better response
time, I want more action in this area. And then he has an opportunity
to respond to that. But we don't have a consistent framework on which
to do that, and --
CHAIRWOMAN MAC'KIE: That's what I'm seeking.
COMMISSIONER CARTER: And I think we can develop that, but we
have to -- and perhaps the productivity can help us with that process,
but ultimately we have to be the decision-makers of that.
CHAIRWOMAN MAC'KIE: And clear. But it's the framework that's
missing. We don't have one.
COMMISSIONER NORRIS: It seems to me that this discussion this
morning has gotten lost in the process. The process is fine, and I
don't have any objection to doing something to streamline that or
enhance that process for the future. But we're left with today, the
situation that we find ourselves in today, with the process that we
have established in the past. And what's far more important than
process is results. And I'm looking at results that I rated last
November, and I don't see any material change in what I ranked last
November.
Now, last November I wouldn't have considered going to this step,
because I feel as though, you know, someone new on board in a new
organization needs some learning time. But the evaluations last
November were -- had these same common threads in them. And in the
intervening six or seven months, I don't see any marked change. And
that's why I'm willing to be, at this point in time, where we are
today, where I wouldn't have considered it last November. So process
again is fine and we can improve that for the future, but we're
looking at results today over the last six or seven months.
COMMISSIONER CONSTANTINE: And I think that's an important item
is, I've heard one commissioner say today, well, maybe we ought to
look at six months. And I understand you've only been on board for
six months. But when we did our reviews, these -- I like your term
there, there are common threads from the reviews that were done six
months ago with where we are now. If anything, they seem to be less
satisfactory now.
And so with a suggestion that perhaps there ought to be a
six-month chance to try to improve on that, I suggest we've done that.
We've had six months since some not very favorable reviews last year,
and actually, that process started in September, so we've had more
than six months.
CHAIRWOMAN MAC'KIE: Let's hear from the speakers who've
registered and no problem about the late one.
MR. FERNANDEZ: Okay. The first two speakers are Buddy Brunker
and David Correa.
MR. BRUNKER: Commissioners, I'm Bud Brunker. I'm a resident of
Naples, Collier County, and I'm speaking on behalf of myself, not my
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May 25, 1999
company, okay? And I want you to understand that. I live at 208
Dearwood Circle, in Lely. And I'm here to speak on behalf of Mr.
Fernandez today.
I think as a resident of Collier County, the short period of time
that he's been here and the issues that he's had to address, he's done
an outstanding job, in my opinion. And some of the other folks that I
deal with in the community and talk to on a daily basis feel the same
way.
I think Mr. Carter -- Commissioner Carter has had the right idea
to try and set standards by way -- by way to gauge the productivity
and the standards that Mr. Fernandez should go by, and give him the
opportunity to at least show you that he can do the job.
I don't think -- in sitting here listening to you all, I don't
think that the guidelines that you have really set up for him to work
by have really been defined. I mean, if I had to work under the
standards he has had to work under without any clear guidelines, I
don't think I could have done the job either.
And having five bosses instead of one boss to report to, that's
even additional. And in essence, really, when you look at it, Mr.
Fernandez has about 200,000 bosses to report to.
So anyway, please think very seriously about your decision that
you make for Mr. Fernandez. Thank you.
CHAIRWOMAN MAC'KIE: Thank you, Mr. Brunker.
MR. FERNANDEZ: Next speaker is David Correa and then Kenneth
Thompson.
MR. CORREA: Good morning, Madam Chairman and honored
Commissioners. My name is David Correa. I'm a resident of Naples for
five years. I retired from the New York State Supreme Court as a
principal court clerk. And since coming here, I've involved myself in
numerous organizations and activities. And because of those
involvements, I have had contacts with some of the parties here. I'm
here to speak on behalf of the county administrator, Bob Fernandez.
I first met Bob about 18 months ago in this building. We passed
each other, we greeting, we shook hands, and he continued walking.
The next time was at a taxpayer's group. Once again, he greeted me.
He appeared last month at the Hispanic Affairs Advisory Board meeting
of which I'm a member through your good offices. The meeting itself
was tense and explosive at times due to the issues that were
discussed.
I'm quite certain Commissioner Carter would agree, but throughout
the meeting Bob Fernandez showed restraint and the ability to control
the situation by reasoning and articulating the problem and the
possible solutions in a clear and concise manner.
Once again, Commissioner Carter, I apologize in a most honest and
sincere manner for myself and for anyone else who may have offended
you that evening.
I've also called Bob's office about six months ago to complain
about certain issues. He returned my calls and discussed them at
length at that time.
There has been criticism of Bob's failure to communicate with the
public. Compared to whom? By contrast, his predecessor, whom I have
seen on numerous occasions at this location and others, including
meetings, never took the time to say hello. Never greeted me. Never
offered his hand in friendship, okay, until we were formally
introduced at a reception at the Pelican Strand.
Page 24
May 25, 1999
One of the other criticisms was Bob's lack of leadership
qualities. Let's examine that a little closer. Bob was county
administrator for 11 years at Alachua County, is it?
CHAIRWOMAN MAC'KIE: Alachua.
MR. CORREA: Alachua.
After a national search, he was selected by you to be county
manager. But he was told to give a larger role to Leo Ochs, is it?
CHAIRWOMAN MAC'KIE: Ochs. Doesn't matter, we know who you mean.
MR. CORREA: Support Services Administrator, who sought the job
for himself.
He was also told not to remove or replace any of the staff in
office, who incidentally had just received large increases in salary
through the good offices of Neil Dorrill.
As one of his final acts before he left office, he came into an
office almost certain to be doomed to failure. Cynics miHht say he
was set up just to give the job to someone else.
His one attempt to hire an executive officer was denied by the
commission after originally approving the position. The commission
decided to cancel the position and the agency.
He's an administrative figure head at this time only. He has no
true powers. He cannot remove or promote. He administers by consent
only.
It has been stated Fernandez gave incorrect information to
Commissioner Mac'Kie. The next statement should be, who Have County
Administrative Fernandez incorrect information and what steps have
been taken to prevent this from happening again? To remedy the
situation I would suggest the commissioners remove the restrictions
placed on Fernandez. Let him do his job properly the way he was
trained to do. Give him the freedom to perform his task.
He should at least have the same authority and powers that his
predecessor had, including the right to discipline or remove
incompetent or uncooperative staff. And most important, to appoint
and reward qualified personnel.
To the commissioners, I do hope you accept my statement and
opinions, which are only mine, stated with the best intentions. For
an administrator without an old boy network, new to Naples, who needs
both support and friends. But perhaps the last thought you should
have is the statement by transportation services director Ed Kant, who
said it better than I can ever say. If I may quote Ed Kant, "He
doesn't have to be out front leadinH the parade, he inspires people to
do well, that's leadership."
CHAIRWOMAN MAC'KIE: Thank you, sir.
COMMISSIONER CARTER: Thank you for your comments. The Hispanic
Advisory Board owes me no apology. They're a Hreat group. We had a
very lively discussion. We disagree on one area, and that is English
as the official language of government. But we are in lock step
agreement that a diversity -- that I'm an avid supporter of that. So
I enjoyed the meeting. Thank you.
CHAIRWOMAN MAC'KIE: I also just have to comment that I'm -- I
think you may be under a misimpression that Mr. Fernandez was not
allowed to hire and fire whomever he chose. He did have one division
administrator position that he brought to us that we refused.
COMMISSIONER CONSTANTINE: Which the law requires consent from
the board.
CHAIRWOMAN MAC'KIE: Right, right. As Commissioner Constantine
said, the law does require that. But he has certainly been given no
Page 25
May 25, 1999
direction that he can't fire or hire among his staff as he wishes to.
And I just think that bears stating for the record. And the final speaker?
MR, FERNANDEZ: We have two more speakers, Madam Chairwoman. The
next is Kenneth Thompson and then Bill Boggess.
MR. THOMPSON: My name is Kenneth Thompson. And I want you
strictly to understand, this is my say and nothing from nobody else.
And Mr. --
COMMISSIONER NORRIS: Norris.
MR. THOMPSON: You've been in trouble, right?
COMMISSIONER NORRIS: Uh-huh.
MR. THOMPSON: Okay, why are you blaming this gentleman? This
man here is one of the most -- and don't come around here telling me
that you can't get ahold of him. I've been in his office of a
morning, lots of mornings, when we's putting a card in. I can't get
no help from him through you people.
And Pam, you only showed at the Golf Gate redevelopment just to
raise the tax. Everybody was wondering where you were at.
And Mr. Norris, we can't get no help from you from the tipsy sea
buzzard. That's what I call it. I'm telling you, I'm not going to
keep living like a hound dog. Man, I'm going to tell you what it's
like. I don't care. In my life, I'm being cut on every day by the
doctors. I'm headed tomorrow for more surgery.
I'm asking you, quit picking on a gentleman and pick on yourself.
And you take a 90-degree turn and listen to what that lady has to
say. Because you're always pulling the platform out from under people
when you always should be on the short end and maybe take a fall
yourself. Because you should have never been elected again, in my
heart. I'm going to tell you like it is. And that's Mr. Fernandez is
a great guy. And anything you want to do to me, I'm ready, let's get
it on. I'm sick of you. I'm real sick of you.
And about the Good Wheel deal, I know a beauty parlor in my heart
(phonetic) for 38 years, that Good Wheel dropped this lady off at that
beauty parlor. I had to go get him out of the beer joint to get him
to come to get the people. Mr. Fernandez didn't have nothing to do
with that. He wasn't even here.
And you got two real good people here. Look at yourself in the
mirror, like I did in 1987. I had to take 180-degree turn, and I've
been looking in the mirror every day of my life. And what I see, I
like it. And now to give .me a pair of glasses. My Mrs., she's a Gulf
Gate neighborhood watch. She's just a good person.
And I think you people ought to look at yourself and leave Mr.
Fernandez here to do his job. Because I know he's here, and I've
asked myself many a times, 7:30 in the morning, he's here, why are you
five people? I'm going to eliminate two of you, this gentleman and
this lady. I'm wondering where you three are. And I need somebody to
help me with this tipsy sea buzzard and that noise. I can't take it
no more.
I'm going to warn you right now, there's a lawsuit heading your
way if you don't stop it. And don't tell me to leave my home no more.
I've been told to leave my home and find me a place somewhere else.
And I would appreciate you to help me with that. That's all I got to
say.
Mr. Fernandez, I hope in your heart that you stay, because you've
done nothing wrong to these people. Looks to me like they're doing it
to you.
Page 26
May 25, 1999
CHAIRWOMAN MAC'KIE: Thank you, sir.
MR. FERNANDEZ: Final speaker is Bill Boggess.
MR. BOGGESS: Good morning, ladies and gentlemen. It's been
quite a morning. I bring forth to you a letter which you have
received several copies of. This is a letter that Mr. Fernandez sent
to me October 9th, 1997 with regards to the three to five million
dollar wasted beach renourishment project. He had been submitted all
sorts of proof and documentation of this unlawful project which was
carried on by Coastal Engineering, unauthorized work.
He states -- after receiving all the backup information that Ms.
Mac'Kie finally got to me after 29 weeks out of the OCPM files, he
states: "It is my opinion that the decisions that have been made by
the Board of County Commissioners regarding the beach renourishment
project have been made as a result of a fully open process during
which the county staff clearly presented the existing situation, the
available options and the potential consequences of each. I also
understand that you do not agree with either the staff analysis of the
situation or the staff interpretation of the vendor contract."
This was dated October 9th, 1997. Of course you got the response
from the Florida Department of Environmental Protection on March 25th,
notice of violation of your permit. You also received a copy of
noncompliance letter from the Corps of Engineers, each of which
supported everything I said in my letters to Mr. Fernandez.
To add insult to injury, you at that time had a new director of
public works by the name of Mr. Ed Ilschner, who Mr. Fernandez ran
this letter by him and your director of public works said, "Overall, a
superb letter, touching on all the salient points. And I would hope
this would provide closure. Thanks again, Ed Ilschner."
As you know, there is a three to four million dollar waste on
that beach project, and you're currently going after the wrong person.
There is evidence that your consultant, Dr. Michael F. Steven, without
authority, performed unlawful acts on that project, which resulted
with rock being buried in the beach. And that's all I have to say.
Thank you.
CHAIRWOMAN MAC'KIE: Thank you, Mr. Boggess.
Is that it for public speakers?
MR. FERNANDEZ: Yes, that's it.
CHAIRWOMAN MAC'KIE: My direction, my vote, if it comes to a vote
today, is going to be that we, by the end of June -- our last meeting
in June is the 22nd -- that we, as a board, vote on some performance
standards. Again, I keep asking for -- I have a mental block.
What's the name of that, Mr. Fernandez?
MR. FERNANDEZ: Plan of action.
CHAIRWOMAN MAC'KIE: Plan of action. That's what every staff
person in this county gets, that we, as a supervisor of the county
administrator, vote on and adopt a plan of action for the county
administrator, and that that be the benchmark by which his progress is
measured at his evaluation in November.
COMMISSIONER CONSTANTINE: Couple of comments. A couple of folks
up here have indicated and then it was repeated by speakers about
there being no guidelines for Mr. Fernandez. I don't want anyone to
misunderstand. We can disagree as to whether or not we need a
stricter performance standard, but to suggest that there are no
guidelines is inaccurate at best.
There are eight specific areas that are outlined in the county
administrator's contract. We have the annual workshop where we
Page 27
May 25, 1999
prioritize what our top priorities are. Clearly, we have not only the
prior review of him from last year, but annual reviews of our county
administrator every year which spell out what we expect and what the
shortfalls may be, what the strengths may be. But those are a fair
place to look as well.
We all have week to week contacts with the administrator as well,
and those by themselves should provide some guidance. And then of
course the regular board meetings where we meet and provide guidance
as a group. So any suggestion that there are no guidelines whatsoever
I think is misleading at best.
Mr. Thompson said as he walked away from the podium, he looked at
Mr. Fernandez and said, you've done nothing to these people. Which is
absolutely true. This isn't about Mr. Fernandez doing anything to me
or to any of the other commissioners. What I mentioned before, it's
not a question of whether he's a nice guy, it's not a question of
whether he's ethical. I like Bob, and I think he's cut from a good
fabric. It's not a question of whether he's working to the best of his
ability. It's a question of whether his ability is the best we can do.
And as we look at these performance evaluations, both from last
fall, those that were written in the fall, and those that we got
today, we have two commissioners who are calling it satisfactory and
three that are very clear that it is less than satisfactory. So that
is clearly not the best we can do. And so we may disagree over how do
we get to the best we can do, but I think we can do better than what
we're doing right now.
CHAIRWOMAN MAC'KIE: And Tim, I just want to respond to that by
saying I think you're right, that today we have three evaluations that
clearly say less than satisfactory. The problem is, we haven't had
that before today. The problem is we have had, as you say, separate
one-on-one discussions and we have had board meetings where we
individually say how we feel.
The piece that's missing -- and as I've researched this, and you
know, as I'm sure others have too, when you look at CEO evaluation
procedures, it's an elaborate process out there. There's a lot of
information out there. There's a lot -- you know, there's a better
way to do it than what we are doing. Even though I agree, we do have
some guidelines. It's not true that we're totally out to sea. But
there is a much better way to do it.
And I want to see us, through consensus direction, a majority of
the board, instead of individually, which is all we've ever done, is
individually give direction. And, you know, you and I may be
diametrically opposed on the direction that we give, and then it will
come to two other commissioners to join or disagree with one of us.
And that will be the direction. The individual direction of five
commissioners is not sufficient. That's the bottom line. And we need
to give consensus direction.
Commissioner Berry?
COMMISSIONER BERRY: Madam Chair, if it's appropriate. I'd like
to make a motion at this point. I think that we should have a motion
and vote it up or down, but I would like to make a motion that we
retain Mr. Fernandez as our county administrator and that at the end
of June, perhaps we can have a set of guidelines that we can issue to
Mr. Fernandez. And then in November, which is the annual evaluation,
which is six months prior to his contract date, that we evaluate him
based upon those guidelines that we provide for him. So I'd like to
make that motion.
Page 28
May 25, 1999
CHAIRWOMAN MAC'KIE: Is there a second? I'll second the motion.
Is there further discussion on the motion?
If not, all in favor, please say aye.
Opposed?
COMMISSIONER NORRIS: Aye.
COMMISSIONER CONSTANTINE: Aye.
CHAIRWOMAN MAC'KIE: That motion passes 3 to 2.
I'd say it's a good -- I'm sorry, you had something else?
COMMISSIONER CONSTANTINE: Let me just say one thing. We've
spent a lot of time talking about the flaws in the process. There is
one thing in our process that a lot of communities don't use that is a
very good one. It can be a painful and uncomfortable one, but that's
the 14-day cooling off period.
Two weeks ago we had three folks who said they thought perhaps it
was time for Mr. Fernandez to go. And after two weeks of discussion,
research, careful thought, we've come to a different conclusion. And
while I may disagree with that conclusion, I respect the majority of
the board. But I think that speaks volumes -- CHAIRWOMAN MAC'KIE: It does.
COMMISSIONER CONSTANTINE: -- for the good part of our process,
and that is that it is deliberative, it's detailed, and it gives us an
opportunity to make sure we're making a well-informed, well
thought-out decision.
CHAIRWOMAN MAC'KIE: I appreciate that, Tim. That's a very good
point. Because that is exactly what has happened for me over the last
couple of weeks is getting more information from a lot of different
sources.
How about if we take a 15-minute break. We'll come back at five
till.
(Brief recess.)
Item #7A
DEPUTY SARAH LANIUS REGARDING THE USE OF SURPLUS LAND ADJACENT TO THE
EXISTING LANDFILL FOR THE POLICE ATHLETIC LEAGUE - STAFF TO BRING BACK
AS A REGULAR AGENDA ITEM
CHAIRWOMAN MAC'KIE: We'll call the meeting back to order for the
Board of County Commissioners. Let's see, the next item we have on
our agenda is 7(A), which is a public petition.
COMMISSIONER CONSTANTINE: Did we have a 6(A)?
CHAIRWOMAN MAC'KIE: Did we do 6(A)? We don't have a 6(A), I
don't think.
So 7(A) is Deputy Sarah Lanius.
MR. FERNANDEZ: Madam Chairwoman?
CHAIRWOMAN MAC'KIE: Yes.
MR. FERNANDEZ: Mr. Fogg has asked to speak on behalf of --
CHAIRWOMAN MAC'KIE: Sarah --
MR. FERNANDEZ: -- Ms. Lanius.
CHAIRWOMAN MAC'KIE: -- you've changed.
MR. FOGG: Yes, same as last time.
CHAIRWOMAN MAC'KIE: Please go right ahead.
MR. FOGG: Thank you very much. My name is George Fogg, 628
Woodshire Lane, here in Naples.
Page 29
May 25, 1999
On behalf of the panel board, I'd like to thank you for the
opportunity to speak and present our petition for the temporary use of
the undeveloped lands adjacent to the county landfill.
As you know, the Collier County Sheriff's office is formulating a
chapter of the Police Activity League, the PAL. PAL is developing one
element of the program to educate the youth in -- youth in the proper
use of off-road motorcycle and all-terrain vehicles. With the help of
the Southwest Florida Trail Riders Association, Dan Tripp is here
representing them, and he'll speak briefly to you. We are hoping to
sponsor a one-day event called a Funduro. And we are pleased to
announce -- this is a fund-raising event for the PAL.
We're pleased to announce that we have completed the necessary
paperwork and steps to forming our chapter of PAL, and we anticipate
full membership of PAL within the two weeks. Some of you know we've
spent a lot of time and effort getting this program initiated, and
it's finally proceeding on.
The purpose of this event is to raise funds to help sponsor the
PAL programs. There will be lectures at the site explaining the
overall PAL goals related to the OHV issues, such as safety,
responsibility and respect for the environment. On hand will be PAL
and the motorcycle club. And these club members will be there to
demonstrate proper riding and safety procedures.
To initiate the local PAL program, we would like support from the
county allowing us to use the surplus land adjacent to the existing
landfill for the PAL Funduro event.
At this time, I would like to have Dan -- there he is. I'd like
to have Dan explain what a Funduro is. And we'll make this very
brief. We talked to you before about our desire to get this thing
going and now we're ready to move. Thank you. CHAIRWOMAN MAC'KIE: Okay.
MR. TRIPP: Good morning. My name is Dan Tripp. I live at 2060
21st Street Southwest in Golden Gate Estates. I'm the local
representative of the Southwest Florida Trail Riders.
As you know, we've been trying for quite a while to find some
property to put on a Funduro for the fund-raiser. This property would
be very beneficial to us to show the community what we can do and be
very responsible doing it. The Funduro will consist of a loop-like
trail, utilizing existing trials that are on the site and possibly
adding a limited amount of new connecting trails. That will create a
continuous loop so that trail riders are not in conflict with
direction.
Members of PAL and Southwest Florida Trail Riders will create a
loop trail system properly marked -- excuse me, I already said that.
There will be check points placed throughout the trail maintained
by event organizers and volunteers, so that every so often there will
be someone there in case there's need for direction or assistance. We
will also provide insurance for this program.
We know that there's a noise issue, and we are going to undertake
a noise level study at the site. We have DD reading devices that will
ensure that any quad or motorcycle that comes on the site will meet
these standards, or it won't be allowed.
The other thing that we will provide is assurances that all
riders will be -- will have the proper safety equipment. Helmets,
goggles, boots, full clothing will be required so there won't be just
people out there riding without proper safety equipment.
CHAIRWOMAN MAC'KIE: Can I interrupt you? Just because --
Page 30
May 25, 1999
MR. TRIPP: Yes.
CHAIRWOMAN MAC'KIE: -- the purpose of a public petition is just
to see if there is sufficient interest among the board members to give
direction to staff to work with you.
I think it's a great idea. My only question will be from Tom
Olliff is whether or not it's something that the parks and rec. guys
can work with you to help organize, or if anybody sees any potential
negatives. Because the positives seem to be blatantly obvious.
MR. OLLIFF: For the record, Tom Olliff, Public Services
Administrator.
Actually, I think this is a straight use agreement type item that
you would probably have your county attorney's office draw up a use
agreement that protects you in terms of hold harmless and insurances
and those type of issues. I think on the other hand, it also provides
us a good opportunity to actually have an event where we can do some
noise and decimal reading issues as well.
COMMISSIONER CONSTANTINE: The only question I had was access for
a one-time event. How will we handle that?
MR. OLLIFF: We would have to sit down with them as part of the
agreement and I think look at the existing landfill site, because I
think there are going to be some parking issues and some access
issues. But obviously the only access to that property is going to be
through the existing landfill, and so there's going to have to be some
possibly trail access, if you will, even to get to the property.
But I think from the staff's perspective, we've seen the event,
at least as its proposed, and don't have any objection to sitting down
and trying to work out some sort of an agreement for you to consider
in final form in two weeks or 30 days or whatever it might take.
COMMISSIONER CONSTANTINE: Madam Chair, if you're polling the
board, I think it's a great idea.
COMMISSIONER NORRIS: I'll go.
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER BERRY: Well, again, the only thing I'm concerned
about, because I have received -- this is back when the discussion was
going on about the use of the property is the noise, that we need to
make sure that you monitor that very carefully. Because I'll tell
you, they're going to be listening.
And that we make sure that our agreements, you know,
insurance-wise and all those kinds of things on behalf of the county
are in place. And then working obviously with the staff to make sure
about the access to the property and so forth.
COMMISSIONER NORRIS: This is a one-time event; is that correct?
CHAIRWOMAN MAC'KIE: And it's a good test. I mean, the pressure
is on, you guys. Make it something that can work or we won't be able
to talk about it in the future.
COMMISSIONER CARTER: I think it's a good idea.
Are there any environmental issues, Mr. Olliff, that we -- have
to be taken into consideration?
MR. OLLIFF: None that I'm aware of. Ty may know of some, but
none that I know of other than noise. I think if there are some
existing trails, in fact --
CHAIRWOMAN MAC'KIE: And there are.
MR. OLLIFF: We will just as a precaution sit down with our own
environmental natural resources staff to make sure there's not any red
cockaded woodpecker or any other issue --
Page 31
May 25, 1999
COMMISSIONER CARTER: Well, tell them to take a vacation that
day.
CHAIRWOMAN MAC'KIE: Okay. So it sounds like there has been
sufficient direction given for the staff to work with you on that.
There are other public speakers, but they may want to --
COMMISSIONER CONSTANTINE: We don't take public speakers in a
public petition.
CHAIRWOMAN MAC'KIE: Oh, that's right. You're right. I'm sorry.
We don't even do that on public petitions. So we've given direction
to staff, and good luck.
MR. TRIPP: Well, thank you.
Item #TB
TOM HENNING REGARDING A LANDFILL HOST FEE - SOLID WASTE STAFF TO LOOK
AT OTHER COMMUNITIES AND COME BACK TO THE BOARD WITH A RECOMMENDATION
CHAIRWOMAN MAC'KIE: Thanks. Our next public petition is Tom
Henning about a landfill host fee. So glad to see you here on this
issue, Tom.
MR. HENNING: Thank you, Madam Chair, commissioners. For the
record, my name is Tom Henning, resident of Golden Gate.
What I'm requesting of this board is to amend the Waste
Management contract to accept a two-dollar host fee per ton at the
Naples landfill, paid by Collier County. And to be given two dollars
a ton to a nonprofit organization made up of Golden Gate residents
appointed by this board.
This host fee, I'm not looking as to supplement things like
transportation, parks and rec. What I'm looking for it to do is
something unique that taxes don't support, and such ideas as refuge
shelters for elementary school children in Golden Gate Estates area;
to improve private roads east of the Naples landfill, those folks out
there are greatly impacted by the traffic at the Naples landfill; to
improve a platted neighborhood in the Golden Gate area; or to add a
sheriff's deputy to monitor and cite the traffic, truck traffic, of
the Naples landfill of the trash that is littering our highways out
there. Things of that nature is what I would like to see this host
fee used for.
And if the board so desires, I would like to -- myself and
citizens, to work with the Chair to work out the final details of this
host fee.
CHAIRWOMAN MAC'KIE: I've been excited about this as a
possibility ever since I've heard about it. It seems to me to be just
fundamentally fair.
The fact of the matter is, there's a negative impact even if we
solve -- even when, excuse me, when we solve the smell problem. There
is an impact on the community that should be compensated. And the
host fee seems to me to be a fair way to do it. I would love to try
to make some lemonade out of this for the people in Golden Gate, and
hope there's some support on the board to push this forward for staff
to work on it.
COMMISSIONER BERRY: I have a question.
CHAIRWOMAN MAC'KIE: Yes, ma'am.
COMMISSIONER BERRY: I have -- my question is in regard --
actually, there's two things: Number one, the supporting with the
host fee of private roads, Tom, I'm not sure that that would be
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May 25, 1999
appropriate. I think that's a whole different situation. I would have
some serious concerns about that. I believe -- Mr. Fernandez?
MR. FERNANDEZ: We have legal problems with that.
COMMISSIONER BERRY: Right.
MR. FERNANDEZ: We can't use public funds for private roads.
COMMISSIONER BERRY: Right. So I don't think that that would be
appropriate.
But the second thing, and I've been hearing this rumored for some
time, that there's a proposed lawsuit against the county in regard to
moving of the landfill. If this host fee is granted, does this take
away the moving that issue, of a legal procedure?
COMMISSIONER CONSTANTINE: I don't think realistically you can
prohibit anybody in the public from filing suit. You know, if you
create -- I mean, you and I, no matter what we do -- COMMISSIONER BERRY: Oh, I know.
COMMISSIONER CONSTANTINE: -- can't stop anybody from spending 85
bucks and suing.
COMMISSIONER BERRY: I just asked him the question.
MR. HENNING: Commissioner Berry --
COMMISSIONER NORRIS: Excuse me, Tom.
I'm not sure that I'm sold on the concept at this point. I mean,
yes, that landfill could be considered as somewhat noxious use even
after we solve the odor problem. But there are other county
facilities around that could be as well; in particular, both the north
and the south county sewer treatment plants. Are we going to -- are
we going to enact a host fee for them as well? I don't know how
you're going to avoid it if you're going to do it for the landfill.
I don't know, there may be something we can do for the Golden
Gate community, but I don't know that this is the right way to go.
I'm not sure I'm going to be in favor of this.
COMMISSIONER CARTER: I'd like to know a lot more about what you
anticipate doing with a host fee. I'd like to know the legal
definitions of that. And I agree with Commissioner Norris, I don't
know where this takes us. I mean, I want to do something for the
community, I'm not against that. But I don't know that this has been
well thought out enough before I can say let's go do it.
CHAIRWOMAN MAC'KIE: I think what Mr. Henning is proposing today
is that there be a staff and community committee where we can look at
what recommendation that group might make to the Board of County
Commissioners on the specifics. Not that anybody's asking today that
the decision be made that we're going to have a host fee, because
there are too many unanswered questions.
COMMISSIONER NORRIS: I didn't think there was. I was directing
my comments toward the concept itself.
CHAIRWOMAN MAC'KIE: As far as just on that issue, I think as
long as there's only one landfill, there's going to be -- there's only
one garbage dump, you know, that's going to be the distinction that I
can see myself making between this and some other issues.
Because the -- the matter that I hope to mitigate through the
host fee is not the smell or some problem like that, it's just the
negative repercussions of having the landfill in your neighborhood.
Even if you can't see it or smell it. Just that it's there. And
that's what I -- you know, and the trash that comes out of the trucks
and the extra traffic, some of those real specific things.
COMMISSIONER CONSTANTINE: If the request is to have a citizen's
committee of some sort work with our chair to explore this idea, I
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May 25, 1999
don't know how we could possibly object to that. We can -- when they
come back with something, we can talk about the nuances of whether
certain expenditures are appropriate or what the fee should be and so
on. But to let them go explore that opportunity and see what other
communities are doing that way, there can't possibly be any harm in
that.
COMMISSIONER CARTER: I can go along with that, as long as it's
exploratory and we do a real thorough process of figuring out what it
is, how it works and does it do what it's supposed to do.
CHAIRWOMAN MAC'KIE: Bob, will you have some staff person you
could assign to coordinate that effort? Because obviously it will
require some real research.
MR. FERNANDEZ: What I'd like to do is direct the solid waste
staff to look at some maybe creative solutions that other communities
have used -- I know the host fee is used in a number of other
communities -- and see if we've got some ideas there and some things
that we can do that -- maybe bring back a proposal to the board and
give you some thoughts or some options on what is possible, and our
recommendation. Give you a chance to let us know if you'd like to
proceed with it.
CHAIRWOMAN MAC'KIE: Will that meet with the --
COMMISSIONER BERRY: That works.
CHAIRWOMAN MAC'KIE: Tom, looked like you had something else you
wanted to say.
MR. HENNING: Yes, if I may.
Commissioner Norris, if I can address your concerns is yes, the
wastewater treatment plants in Collier County is not a positive thing
in the community. But the two that are in Collier County, the
regional systems, I don't benefit for from it. But everybody benefits
from their waste, their solid waste, being brought into the area of
Golden Gate.
CHAIRWOMAN MAC'KIE: That's a very valid point.
COMMISSIONER BERRY: Just one other point for clarification.
That's not the only landfill in Collier County.
CHAIRWOMAN MAC'KIE: Yes, you're right. There is one in
Immokalee.
COMMISSIONER CONSTANTINE: It's the only active landfill right
now. Immokalee does some minor separation, but they are not actively
land filling there.
COMMISSIONER BERRY: No. They are an active landfill.
MR. FERNANDEZ: Yes, they are.
COMMISSIONER BERRY: Sorry, Tim, they are an active landfill.
MR. FERNANDEZ: They are an active landfill.
CHAIRWOMAN MAC'KIE: Is that right, they actively are land
filling in Immokalee? I didn't know that.
MR. HENNING: I think they're due to close in a year or two.
COMMISSIONER BERRY: Well, but nevertheless, the point is we have
two landfills in Collier County. That's just a point, that's all.
MR. HENNING: Thank you for your time, Commissioners.
MR. RUSSELL: For the record, David Russell.
We landfill about seven percent of the county's waste at the
Immokalee landfill, and there's about six years of life. When that
cell is closed, that will become a transfer station and that waste
will be shuttled into the Naples landfill.
CHAIRWOMAN MAC'KIE: Thank you. Okay. We have direction on that
item.
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May 25, 1999
Item #8A5
UPDATE ON STIPULATED AGREEMENT PACKAGE TO THE DEPARTMENT OF COMMUNITY
AFFAIRS - CHAIRWOMAN MAC'KIE TO CALL SECRETARY SIEBERT, AND STAFF TO
NEGOTIATE WITH DCA
The next item is Item 8(A) (5) that we're going to hear at this
point, which is the response from the DCA for -- to our settlement
proposal, for lack of a better term, on the comprehensive plan.
MR. MULHERE: Thank you. For the record, Bob Mulhere, Planning
Services Director.
I have copies of the DCA correspondence which I understand were
forwarded to you. But I have copies here if any of the board members
would like a copy here, if they don't have one.
COMMISSIONER BERRY: I've got one, but I left it at home,
actually. Thank you.
CHAIRWOMAN MAC'KIE: Thank you.
COMMISSIONER CARTER: Thanks.
MR. MULHERE: I did want to mention that there are also several
copies of this document available on the table outside the board
hearing room for the public.
I want to let you know that staff has reviewed the correspondence
from the Department of Community Affairs in which they make
recommendations, general, and not very specific recommendations with
respect to remedial amendments.
The Comprehensive Plan Standards Ad Hoc Committee met late
yesterday afternoon as well, discussed this matter, and made several
recommendations to the board, which I will -- I will share with you.
And I think probably from the perspective of brevity, there are 16
issues contained in the DCA report. However, really only four or five
of them are of significant issues that have great concern. The other
11 or so, the staff feels very confident can resolve through some
minor changes to the already board directed remedial amendments as of
Tuesday, May 18th.
The issues -- and if I can direct your attention to the document
from the DCA, starting on Page 3 of Exhibit A, the issues start with
Issue No. 5, which is Southern Golden Gate Estates, and move to Issue
No. 6, which is natural resource protection, issue No. 9, which is
wetland protection, and Issue No. 10, which is wildlife protection.
Those four issues, the DCA response refers you to the Collier
County agricultural area assessment, which is Exhibit B. And that
would be primarily the focal point of our discussion here.
Exhibit B calls for the county to conduct a comprehensive study,
and that therein is one difference that the DCA recommendations for
the county to conduct that study versus a consultant on behalf of the
property owners out there. And within that study, the DCA calls for
broad public participation and the utilization of information and
resources that may be available from the many state and federal
agencies that have jurisdiction.
COMMISSIONER BERRY: Excuse me, Bob. So what you're saying in
that is instead of the group that is going to study -- are we talking
about the rural, rural ag. lands?
MR. MULHERE: That's a good question. Actually, the DCA is
talking about the rural area, including the fringe, that the entire
rural area, currently defined by our comprehensive plan, which
includes the fringe area, that that be included in this study. And I
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May 25, 1999
think it's very clear that they feel that the county should oversee
that study.
I don't think that it necessarily precludes utilizing a
consultant. Obviously, we will need some consultant services.
However, I think that the -- now, I'm interpreting. The intent here
on the part of the DCA is that the county have the oversight and that
the county increase the public participation and the county utilize
any other resources that may be available from state or federal
agencies in conducting that study.
They do not put a time frame on this study, which in itself may
lead to some concerns from the legal perspective. As you may recall,
the county proposal had a maximum three-year time period for this
study.
The Comprehensive Plan Standards Ad Hoc Committee, the charge of
that committee was the focus in the rural fringe area. So they have
not made any recommendations to this board relative to the balance of
the rural area that was going to be the subject of this comprehensive
study conducted by consultants on behalf of the property owners out
there.
CHAIRWOMAN MAC'KIE: You say it was going to be, but it still --
MR. MULHERE: Well, may still be, yes. That was in the terms of
our remedial amendments that we proposed.
They have made some recommendations, though, relative to the
fringe area, and I'd like to share those with you, and I'd to say up
front that the staff concurs with the recommendations of that ad hoc
committee.
The first being that we propose to the Department of Community
Affairs that we develop additional natural resource protection
standards on those areas that were formerly depicted as private
Natural Resource Protection Areas within the fringe, or that had some
level of higher environmental regulations within our March 19th
proposal. And those areas include several areas just outside of the
Belle Meade acquis -- excuse me, the CREW Trust acquisition area. And
I'll point to those on the map. This area here.
And the North Belle Meade and Southern Golden Gate Estates and
the Picayune Strand, which includes Southern Golden Gate Estates.
Those areas, the ad hoc committee proposed that we offer to the DCA as
remedial amendment -- that we develop remedial amendments for greater
natural resource protection standards in those areas, and that we also
look at land uses in those areas.
We are not specific at this point in time as to what those
remedial amendments might contain, but the recommendation is that we
transmit those, along with all the other remedial amendments in the
time frame that may be attached to those remedial amendments by the
administration commission, currently scheduled to hear this issue on
the 22nd of June.
As far as the remaining areas within the fringe, which are
depicted on this map in the gray hatched area, those areas, the
committee recommends that we transmit to DCA that they be able to
develop in accordance with the cjustering and natural resource
protection standards that the committee proposed and that the board
approved on March 19th -- May 19th, excuse me.
CHAIRWOMAN MAC'KIE: My impression, if I can, guys, when I read
this was that the DCA staff has focused so much -- and I'm grateful
for that -- on our rural ag. lands proposal with the voluntary, quote,
moratorium, that they lost sight of -- they rolled it all in, as if
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May 25, 1999
our rural fringe could be treated the same way. And that's not what
the board voted on. And it's not a reasonable way to treat it, even
though I just didn't like the vote. Even I wouldn't say that there
should be a moratorium in there pending this two or three-year study.
COMMISSIONER BERRY: But that's what in effect they have said.
CHAIRWOMAN MAC'KIE: That's what they said.
So it seems to me that what we need to do at this point is
communicate back to them, thank you for understanding our ag. issue,
but you haven't yet understood our rural fringe issue. We need some
better, more specific interim policies, similar to what has been
proposed by the board, you know, two weeks ago, or a week ago.
COMMISSIONER BERRY: Week ago.
MR. MULHERE: And that was the recommendation of the ad hoc
committee and staff concurs with that.
Again, though, from a strategy perspective, we would like to be
able to continue to neHotiate with the DCA. We would like to be able
to go into the administration commission and the Cabinet aide hearings
with concurrence on as many issues as possible.
CHAIRWOMAN MAC'KIE: Which is what it seems like what we need to
be doing over the next week or so, or have our staff do, is to -- you
know, I'll tell you, when I went to Tallahassee, we focused a lot on
this rural issue with the secretary, because it was a radical concept,
you know, to ask them to give us this study time. And obviously we
communicated really well on what our intentions were in that area.
But I think now the focus on that drew away from the fringe area
and now we just need to do a better job of communicating that the
issues are not the same in the fringe. We can't treat them the same.
MR. MULHERE: And in fact, alonH those lines, in addition to the
recommendations of this Comprehensive Plan Standards Ad Hoc Committee,
the staff would also recommend that we utilize our consultant, Brian
Blaesser, to perform a -- an analysis on the legal implications of
that moratorium, with special emphasis on the fringe area. Because as
we know, they have already stated that they had concerns over --
because of the value of property in that area and the reasonable
development backed expectations.
CHAIRWOMAN MAC'KIE: Have you had conversations with DCA staff
since we've got this report?
MR. MULHERE: There was one conversation. I was not in the room
for that. Barbara Cacchione and Marjorie Student spoke to DCA.
CHAIRWOMAN MAC'KIE: I just have to wonder. It just seems to me
just so obvious that they've missed the fringe issue. If we brouHht
that to their attention?
MR. MULHERE: Well, I can tell you that we transmitted this
packet to them on the 20th, FedEx. We called them on the 19th and
verbally Have them the board's direction. They had that information.
I'm not sure if they prepared their response prior to that information
being incorporated. However, the conversation that was related to me
with Shaw Stiller of DCA in which Barbara and Marjorie participated,
this is their recommendation, inclusive of their review of this
document.
CHAIRWOMAN MAC'KIE: But, you know, the package that we delivered
to them on the 20th is voluminous. MR. MULHERE: Yes, it is.
CHAIRWOMAN MAC'KIE: And it seems to me that this is just such a
fundamental question that, I don't know, maybe it's just too
commonsensical. But it seems to me that we just need to ask the
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May 25, 1999
question, did you really mean to roll all of this into one? We asked
you to please give us the right to do this in the ag. land, but this
is not a reasonable request in the fringe. Am I being just to naive
about that?
MR. MULHERE: No, we have asked that question, and the response
was yes, but that was just at the staff level.
I just want to let you know that we are currently making plans to
go up on the 8th to meet with Secretary Seibert and the DCA staff and
try to kick this up to the highest level. That is on the 8th of June,
which is a board day. And then again, they've pushed back the
administration commission to the 22nd. So that's something I need to
talk to you about in a few minutes here. I just wanted to finish up
on the Comprehensive Plan Standards Ad Hoc Committee recommendations.
One of the final recommendations that they made, there were two
other issues. One was that any application -- with respect to the
remedial amendments that we send up regulating both the fringe and the
natural resource areas of greater sensitivity within the fringe that
I've previously mentioned, that any application that is in the system
prior to either June 22nd or the date of the administration commission
hearing, whichever is the later, would be processed in accordance with
the comprehensive plan standards that are in effect today. And they
also requested that a member of the committee be appointed to work
with staff in deliberating with the DCA.
Now, the staff concurs with all of those recommendations except
the latter. We think if we can get clear enough direction from the
board, then we should be the appropriate people to negotiate with DCA.
CHAIRWOMAN MAC'KIE: It's a full enough table as it is.
MR. MULHERE: The process is open to the public and they are
certainly welcome to, you know, attend.
THE COURT REPORTER: I didn't hear your comment.
CHAIRWOMAN MAC'KIE: I said it's a full enough table as it is. I
mean, there's just a lot of people already around that table.
MR. MULHERE: With respect to the -- that concludes the
Comprehensive Plan Standards Ad Hoc Committee recommendations. At
least I think I addressed them all. Wayne Arnold is in attendance,
and if I forgot something, I'm sure he can let you know.
With respect to the agricultural, the rural area, excluding the
fringe, the staff feels that it's appropriate for the county to take
the lead position in conducting this comprehensive study. That does
not preclude us, I do not believe, from utilizing the assistance of
consultants.
And I would like to add that the property owners out there will
have, I guess, the same level of interest, regardless of who may
oversee that study, because they will have that same concern over
what's developed and how it will regulate their property. There may
be some room for a joint cooperative effort to offset the costs.
CHAIRWOMAN MAC'KIE: Question on that, because it seems to me we
already put the county in charge of it. We put Commissioner Berry in
charge of it. She's the one who's running that committee. I would
like it very much if DCA would not suggest that we write the checks
when all of the property owners have agreed that they're going to
write the checks.
COMMISSIONER BERRY: Well, I think if they do, then it's an
unfunded mandate that they're handing down.
MR. MULHERE: I think that we can work with them on that issue,
providing that we satisfy their concerns for adequate public
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May 25, 1999
participation and utilizing the state and federal agencies, whatever
resources are available. And I know that was the intent --
CHAIRWOMAN MAC'KIE: Of course.
MR. MULHERE: -- of the consultants, anyway.
I do think that that's -- if I can read through the -- between
the lines here, it seems to me that the public participation and
bringing all the stakeholders to the table is their primary concern.
And if we can assure them that that will happen, I think we can -- I
don't think they have a concern over who actually conducts the study.
CHAIRWOMAN MAC'KIE: Who pays.
MR. MULHERE: Correct, who pays.
CHAIRWOMAN MAC'KIE: So we're really close on the ag. issue.
MR. MULHERE: I think we are.
CHAIRWOMAN MAC'KIE: But we're miles apart on the rural fringe
issue.
MR. MULHERE: That is correct.
CHAIRWOMAN MAC'KIE: And I, perhaps naively, think it's a
communication problem.
When I met with Steve Seibert, he was so open to letting the
county develop its own standards. I just can't believe that this is
anything other than a lack of thorough communication or understanding
with him. He doesn't want to tell us what to do with our rural
fringe. He wants us to tell him what's best for it. And obviously a
moratorium is not a reasonable option, unless he's writing the check
for that, too.
So I hope we'd communicate that strongly back to him in just a
real -- and perhaps I can help do that just on the telephone or
otherwise, because we've developed a bit of a rapport.
MR. MULHERE: We do intend to communicate that. And in fact,
you're absolutely correct. In discussions with Marjorie Student,
there are some -- probably not Burt Harris issues, because that allows
for a study, but there are some temporary taking issues. And not
being an attorney, we won't rely on -- we would like to go forward and
ask Brian Blaesser, because he is an independent expert, to prepare an
analysis of the DCA recommendations and advise us as to where there
are legitimate temporary taking or other taking concerns.
CHAIRWOMAN MAC'KIE: And that might cost us what? Because again,
before we spend that money, I think we need to try to convince
Secretary Seibert that that's an unnecessary step.
MR. MULHERE: And our reason for asking for that was we think we
should support our record with that information, in any case.
And the cost I don't think will_be substantial. We have not
authorized them to go forward with the interim development of the
transfer process yet. We have not paid them anything for that. So I
really don't have a handle on the cost specifically, but I don't think
it would be very substantial. We're talking about a fairly simple
analysis.
MS. STUDENT: Marjorie Student, Assistant County Attorney.
Just to add to that, we feel that if we had that analysis, that
it may help as a leverage point in our negotiations with DCA, as well
as meeting with the Governor -- or the Cabinet aides. And we feel
that it would be independent and, you know, more impartial, and that
we really need an opinion like that. Not that we don't trust our own
opinion in our office, we do. But just because of the magnitude of
where it's going.
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May 25, 1999
CHAIRWOMAN MAC'KIE: I just can't imagine that that's where
Secretary Seibert's going to allow it to go. Because that's just so
contrary to every conversation I've had with him.
COMMISSIONER BERRY: Well, it was certainly -- when I heard about
this, it was certainly contrary to the meeting that I attended last
week, I guess it was, or two weeks ago now, where he made his
statements about how he felt about how to deal with all these land use
issues and his openness and willingness to work and wanting it to
start from the bottom up and all those kinds of things.
And then when I got this I thought boy, this is a 180-degree
change in what was said publicly at that meeting. So something got
lost somewhere in between.
MR. MULHERE: Madam Chair, may I just add a couple of other
items? One, if there is any costs that the county must assume, there
is a, I think, a demonstrated nexus between the development process
and whatever cost we may incur in that those costs may be borne by
permit fees. That's just something to consider if we are subject to
any costs.
And I would just reiterate the staff's position that since the ad
hoc committee is appointed by the board, as long as we have clear
direction from the board, I think we can go and negotiate. We do have
a meeting pending with Secretary Seibert and his staff on the 8th.
COMMISSIONER CARTER: Well, it seems to me that if we go with
your recommendations, Bob, it gives you some tools at the table -- MR. MULHERE: Correct.
COMMISSIONER CARTER: -- to bring this into alignment and to get
in their face about some issues. I seriously doubt if they've read
what we sent them. I think they predetermined what they were going to
do before we got there. This does not surprise me. But I think we go
back and we got -- you're asking for some tools to put on the table to
deal with the issue.
MR. MULHERE: Correct.
COMMISSIONER CARTER: And I have confidence that we can do that
and get this thing resolved.
CHAIRWOMAN MAC'KIE: The question would be on the 8th, should --
I will tell you what I think. I think it would be sufficient for
staff to go and meet with staff on the 8th. I would commit to
telephone conversation with Steve Seibert in the interim, just to talk
the plain basic policy issues that we're talking about here as a
precursor to the staff meeting so that maybe we could get off on the
right foot with that discussion. But it seems to me that staff going
on the 8th is sufficient without commissioners attending, unless the
board feels otherwise.
COMMISSIONER CARTER: I think in that conversation that you have,
Madam Chairman, with Mr. Seibert, that it would be good to have a
conference call in which you have a staff representative present with
you so that everybody hears from our side what goes on in that
conversation, so when they go to the table, they don't -- CHAIRWOMAN MAC'KIE: That's good.
COMMISSIONER CARTER: -- come back and say, well, you know, this
CHAIRWOMAN MAC'KIE: Very good.
COMMISSIONER CARTER: -- is what we said in Commissioner
Mac'Kie's conversation. Well, you're sitting there, well, I don't
know what went on in that conversation.
CHAIRWOMAN MAC'KIE: That's a very good idea.
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May 25, 1999
COMMISSIONER CARTER: So let's make sure that we got all our
ducks in a row and they don't sandbag us. CHAIRWOMAN MAC'KIE: Very good idea.
Other -- is that the direction the board wants to go in, that
we're kind of going to stick to our guns and assume we need to have
some more discussion about the fringe?
COMMISSIONER NORRIS: Well, I think we've really presented a
fairly reasonable plan, and we've enhanced our environmental
protection there. That was one of the objectives that they wanted to
get done.
We're really not talking about an enormous amount of acreage
anyway in that fringe area that's left to be addressed at some point
in time. So I think we're being pretty reasonable. We may find
something that they suggest that we don't mind incorporating when
we're up there, but for now, I think we should stick with what we've
proposed and go show them.
CHAIRWOMAN MAC'KIE: Do you need more from us, Bob?
MR. MULHERE: I just wanted to add that I think it's an excellent
suggestion to be able to work with a board member, because the timing
is such that the 22nd will be your next meeting after the 8th and you
will not at this point have another meeting in between, so -- and the
22nd is the date that currently the administration commission is
scheduled to hear this item.
CHAIRWOMAN MAC'KIE: Well, then I guess, you know, based on how
the conversation -- the meeting goes on the 8th and what the response
is, this board has to be ready. We may have to have another special
meeting on the 15th or otherwise if there is anything to discuss.
There may well not be. I would expect that we'll be able -- I mean,
we're so close.
MR. MULHERE: We are close.
COMMISSIONER CONSTANTINE: I assume you'll make your call to
Secretary Seibert prior to the 8th.
CHAIRWOMAN MAC'KIE: Oh, absolutely. And with -- and I
appreciate that, Commissioner Carter, with staff folks present.
That's great, for communication to keep working.
COMMISSIONER CARTER: So we know where we are.
MR. MULHERE: That was all I had. I know there are some public
speakers.
CHAIRWOMAN MAC'KIE: Perhaps they'll waive if they like the way
we're going. Would you call them?
MR. FERNANDEZ: First two are Wayne Arnold and Robert Duane.
CHAIRWOMAN MAC'KIE: Mr. Arnold can't resist.
Mr. Duane, are you going to need to speak to us this morning?
MR. DUANE: A few seconds.
CHAIRWOMAN MAC'KIE: A few seconds, okay.
MR. ARNOLD: Thank you. Wayne Arnold. I won't take long. I
just wanted to reiterate the comments of our ad hoc committee
yesterday evening. And Bob summarized those comments very well. But
I think it's important to note that we think the direction that was
advanced two weeks ago by the County Commission was appropriate. We,
too, believe the DCA did not consider the settlement proposal that was
forwarded to them with a response. You can't go through that volume
of information or decipher what it is we're really trying to achieve
the same day.
So I think that we certainly need to work with DCA staff to let
them know what it is that they're looking at and what commitments we
Page 41
May 25, 1999
have made as a community to address their concerns. I think they're
pretty significant ones. I just wanted to remind the commission of
that.
I think also our issue relative to the remedial amendments that
we're proposing to deal with on the CREW acquisition lands and the
private end holdings in our public designated Natural Resource
Protection Areas, et cetera. It's an important and sensitive issue
because of private property rights in there. Any of these lands that
are targeted for state acquisition, I think we want to be very careful
that we don't devalue those properties to the advantage of the state's
acquisition program.
And I know Commissioner Constantine mentioned those comments at
our last meeting. I think that's very important. And I know that
private property rights has been a big discussion point on our
committee's efforts.
I think the other point about sending a representative to be
involved in this process is something that was discussed and debated
after Mr. Mulhere had to attend another meeting. And the point behind
that was simply that consistently the same staff person has not been
able to attend every single meeting that we've had to have the benefit
of our communications and discussions and points of our discussion and
where we achieved those. And that's why it was felt that it was
important to have a representative participate in that process.
CHAIRWOMAN MAC'KIE: Certainly we know it's a public process. And
the last time when we were meeting with the secretary, there was a
member of the public present who was not, you know, on the, quote,
team. There were members of the public who had come to represent their
own interest. Mr. Varnadoe, some of those. And the press was on the
phone on a conference call. I think it's just a wide open process,
and that you should feel free to participate. That's my personal vote
on it. If the board wants to make an official emissary, that's
obviously up to the board.
MR. ARNOLD: And another point. I appreciate that. The only
other point I would make is that we've been negotiating for a year
with DCA staff. From my perspective it's time that we advance that
further than DCA staff liaison and deal with the Cabinet members and
Secretary Seibert that we're going to ultimately have to make this
decision. Because DCA staff has had a history of holding the line on
their position. And I think that they're not going to be the ones
making the final decision on this issue. Thank you.
CHAIRWOMAN MAC'KIE: Okay. Mr. Duane. And then who's after him?
MR. FERNANDEZ: Then Bruce Anderson.
CHAIRWOMAN MAC'KIE: Bruce is waiving. Who's after him?
MR. FERNANDEZ: Tim Hancock.
CHAIRWOMAN MAC'KIE: Tim, waiving.
MR. FERNANDEZ: Mark Morton is next.
CHAIRWOMAN MAC'KIE: Mark Morton, waiving.
COMMISSIONER NORRIS: You're it, Mr. Duane.
CHAIRWOMAN MAC'KIE: You're it.
MR. DUANE: For the record, Robert Duane from Hole, Montes &
Associates. I appreciate again the committee's work, and I hope that
you'll embrace the proposal of the projects that are presently in the
pipeline, such as Naples Reserve that's going to come before you on
June 8th. Won't be held captive to some study of the rural fringe or
the rural area or preclude us for developing for some indeterminate
period of time. And I appreciate your --
Page 42
May 25, 1999
CHAIRWOMAN MAC'KIE: I don't think we legally even have that
option. I mean, we --
MR. DUANE: I agree.
CHAIRWOMAN MAC'KIE: -- have to enforce the laws that are on the
books while they're there.
MR. DUANE: We appreciate your consideration. Thank you.
MR. FERNANDEZ: Mr. Ty Agoston signed up after the item was
introduced.
CHAIRWOMAN MAC'KIE: Mr. Agoston. We will indulge you if you
would just insist on -- have something that we can't live without.
MR. AGOSTON: Getting here late, I lose sight of the agenda.
My name is Ty Agoston. I live in that neglected Golden Gate
Estates, and I'm speaking for myself.
I personally resent what it seems on the DCA's part trying to
rush Collier County into a decision. I think the decision that you're
making is very important. And frankly, I personally think that the
committee, the ad hoc committee that you have appointed, not exactly
represents the opinions of the people that affects it the most, the
two people that are -- live out in the area termed it blackmail and
what have you at the meeting I was at.
Also, I feel that there was almost an infectious relationships in
this whole process. There are people, Mr. Arnold, for example, worked
for you as a planner. Now he is an appointed (sic) to represent the
public. I have a little problem with that whole procedure. Not to
mention the fact that he restricted public comment to the end of.a
meeting which it pretty much made public comment meaningless. Nobody
can remember, not to mention the fact that they do not supply you with
the material that they're working with, so nobody can really make any
comment that is any way relevant or intelligent.
I personally do not believe that with the change in the political
leadership of the state Mr. Bush would be interested in getting us
into any close following of the current sustainable America and
sustainable Southwest Florida atmosphere. And I believe that there
aren't too many of the operating members of this ad hoc committee and
the staff that's involved are heavily involved in that issue as well.
Again, there are this cross currents of the same people involved in
one are directing the other. I don't believe that that represents the
public.
Last week I was here and there were a group of people who wanted
to stop urban sprawl. I left early. And on the way out, I have seen
a number of ladies who are living on Gulf Shore Boulevard in one of
those high-rise condos. In all fairness, those high-rise condos on
the beach probably are a more fragile environmental ground than my
house is on out in Golden Gate Estates or my son, who's in the process
of finish building. And at the same time, there are being -- the
environmental community is speaking of restricting people like us from
building.
I don't believe that we should be at the beck and call of the
coastal -- I'm not going to say rich, because not all people are rich
-- who want to restrict the building in the so-called fringe area.
But I want to call your attention to that map on the wall. You
know, most of that map represents areas that the government already
owns, and what we're dealing over here with is essentially the gray
areas only, which is a very minor portion of the county. Is this what
we want to restrict? How about the rest of that area? Are you going
to restrict maybe Golden Gate Estates? No.
Page 43
May 25, 1999
Ms. Mac'Kie mentioned that the Southern Golden Gate Estates
people sold as willing sellers. Well, I respectfully disagree. And I
can probably come up with a whole load of people testifying to that
effect, that they were not willing sellers.
Be as it may, I believe that the head of DCA would be responsive
at this point to slow down this process, and we should not be
stampeded into a rapid decision that is an unwise one. Thank you.
CHAIRWOMAN MAC'KIE: Thank you. Do we have other speakers?
MR. FERNANDEZ: No other speakers.
CHAIRWOMAN MAC'KIE: I just noticed that Florida Wildlife
Federation had given us a letter they asked to have read into the
minutes, so I'll just do that real quickly. It will take less time
than it would to discuss it.
As a party in the above referenced litigation, Florida Wildlife
Federation supports the draft remedial action submitted by DCA to the
Administration Commission. It is our position that these remedial
actions ensure a collaborative and equitable process to develop growth
management plan amendments that truly protect the integrity of Collier
County's rural agriculture and environmentally significant lands. We
urge the Collier County Commission to also embrace these remedial
actions.
A representative from Florida Wildlife Federation will not be
able to attend the commission meeting; therefore, we request that this
letter be read into the meeting minutes. Thank you.
Okay. I think we've given -- we've gotten direction. Is there
more discussion that we need to make on this?
COMMISSIONER NORRIS: I don't think so. Do we need a motion or
is staff direction sufficient?
CHAIRWOMAN MAC'KIE: I think direction's enough.
COMMISSIONER NORRIS: Okay.
MR. MULHERE: I have staff direction.
Item #8Al
ACCEPT THE 1999 STANDARD TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND
GULF COAST RUNNER - APPROVED
CHAIRWOMAN MAC'KIE: Okay, then we can go to 8(A) (1), which is
the standard tourism agreement between Collier County and Gulf Coast
Runners.
MR. MIHALIC: Good morning, commissioners. For the record, I'm
Greg Mihalic, Housing and Urban Improvement Department.
COMMISSIONER NORRIS: Motion to approve.
CHAIRWOMAN MAC'KIE: Is there a second to that motion?
COMMISSIONER CONSTANTINE: Second.
CHAIRWOMAN MAC'KIE: Are there public speakers?
MR. FERNANDEZ: None.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response. )
CHAIRWOMAN MAC'KIE: Passes unanimously.
Page 44
1999 TOURISM AGREEMENT
BETWEEN COLLIER COUNTY AND
THE GULF COAST RUNNERS CLUB, INC.
REGARDING NAPLES ON THE RUN 20K RACE
THIS AGREEMENT, is made and entered into thi~'V~day o~ ,1999, by
and between the Gulf Coast Runners Club, Inc., a Florida corporation, hereinafter referred to as
"GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter
referred to as "COUNTY."
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinai~er referred
to as "Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Plan provides that certain of the revenues generated by the Tourist
Development Tax are to be allocated for the promotion and advertising of Collier County
nationally and internationally and for the promotion and advertising of activities or events
intended to bring tourists to Collier County; and
WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the
County to use Tourist Development Tax funds for The Naples on the Run 20K race scheduled
for September 12, 1999; and
WHEREAS, the COUNTY desires to fund the proposed advertising and promotion
pursuant to this Agreement.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND
PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS
MUTUALLY AGREED AS FOLLOWS:
1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the
GRANTEE shall provide advertising and promotion of The Naples on the Run 20K race. The
date(s) of the event or activity and the key participants may not be changed without an amend-
ment to this Agreement as provided in Section 17.
2. PAYMENT: The amount to be paid under this Agreement shall be Three
Thousand Four Hundred Dollars ($3,400.00). The GRANTEE shall be paid in accordance with
fiscal procedures of the County for expenditures incurred for the promotion and advertising
expenses as described in Section 1 upon submittal of an invoice and upon verification that the
services described in the invoice are completed or that goods have been received.
1999
GRANTEE shall determine that the goods and services have been properly provided, and
shall submit invoices to the County Administrator or his designee. The County Administrator or
his designee shall determine that the invoice payments are authorized and the goods or services
covered by such invoice have been provided or performed in accordance with such authorization.
The line item budget attached as Exhibit "A" shall constitute authorization.of the expenditure
described in the invoices provided that such expenditure is made in accordance with this
Agreement.
Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit
thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of
goods or performance of the services invoiced. GRANTEE shall certify in writing that all
subcontractors and vendors have been paid for work and materials from previous payments
received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until
the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with
the law.
GRANTEE shall be paid for its actual cost not to exceed the total amount for various line
items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The
amounts applicable to the various line items of Exhibit "A," subject to the maximum total
amount, may be increased or decreased by up to ten percent (10%) at the discretion of
GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by
the County Administrator or his designee.
3. ]~LIGIBLE EXPENDITURES Only eligible expenditures described in Section 1
will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be
ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written
request to repay said funds. COUNTY may request repayment of funds for a period of up to one
year after termination of this Agreement or any extension or renewal thereof.
4. ]~SJ~~: GRANTEE is required to submit a Certificate of Insurance
naming Collier County, and its Board of County Commissioners and the Tourist Development
Council as additionally insured. The certificate must be valid for the duration of this Agreement,
and be issued by a company licensed in the State of Florida, and provide General Liability
Insurance for no less than the following amounts:
BODILY INJURY LIABILITY $300,000 each claim per person
2
HAY 2 5 1999
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory
The Certificate of Insurance must be delivered to the County Administrator or his designee
within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not
commence promotional and advertising activities which are to be funded pursuant to this
Agreement until the Certificate of Insurance has been received by the COUNTY.
5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on
the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant
to this Agreement. The report shall identify the amount spent during the preceding 30 days and
the duties performed, and the services provided and goods delivered during said period.
GRANTEE shall take reasonable measures to assure the continued satisfactory performance of
all vendors and subcontractors.
6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select
vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be
responsible for paying vendors and shall not be involved in the selection of subcontractors or
vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon-
tractors or vendors, including, but not limited to, similar or related employees, agents, officers,
directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of
expenditures and require repayment if invoices have been paid under this Agreement for
unreasonable expenditures. The reasonableness of the expenditures shall be based on industry
standards.
7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend
COUNTY, and its agents and employees, from any and all suits and actions including attorney's
fees and all costs of litigation and judgments of any name and description arising out of or
incidental to the performance of this Agreement or work performed thereunder. This provision
shall also pertain to any claims brought against the COUNTY by any employee of the named
GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to
perform work by any of them. The GRANTEE's obligation under this provision shall not be
limited in any way by the agreed upon Agreement price as shown in this Agreement or the
GRANTEE's limit of, or lack of, sufficient insurance protection.
3
8. ~: All notices from the COUNTY to the GRANTEE shall be in writing
and deemed duly served if mailed by registered or certified mail to the GRANTEE at the
following address:
Perry Silverman, Race Director
Gulf Coast Runners Club, Inc.
P. O. Box 8636
Naples, Florida 34101
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if
mailed by registered or certified mail to the COUNTY to:
County Administrator
Second Floor, Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a
partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to
constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the
COUNTY.
10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement
with or without cause by giving 30 days advance written notice of such termination pursuant to
Section 8 and specifying the effective date of termination. If the COUNTY terminates this
Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual
obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of
the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails
to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY
pursuant to this Agreement, unless the Board of County Commissioners determines that the
completed promotion and advertising of the event or activity were sufficient to justify the use of
tourist development tax funds.
11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and
accurate accounting records and keep tourism funds in a separate checking account. All revenue
4
HAY 2 5 1999
related to the Agreement should be recorded, and all expenditures must be incurred within the
term of this Agreement.
12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agree-
ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall,
until the expiration of three (3) years after final payment under this Agreement, have access to,
and the fight to examine and photocopy any pertinent books, documents, papers, and records of
GRANTEE involving transactions related to this Agreement.
13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
14. TERM: This Agreement shall become effective on4,~__/~-[date Board
approves] and shall terminate on September 30, 1999. The GRANTEE shall request an
extension of this term in writing at least thirty (30) days prior to the expiration of this Agree-
ment, and the COUNTY may agree by amendment to this Agreement to extend the term for an
additional one year. Any funds not used by GRANTEE during the term of this Agreement and
any extension thereto shall be available for future applicants.
15. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and
evaluate the event identifying the success of the event, explaining how the success and quality
were evaluated, report overall attendance including resident/non-resident attendance and how
attendance information was ascertained. GRANTEE shall provide a written report to the County
Administrator or his designee within sixty (60) days of the date of the event].
16. REQUIRED NOTATION: All promotional literature and media advertising
must prominently list Collier County as one of the sponsors.
17. AMENDMENTS: This Agreement may only be amended by mutual
agreement of the parties and after recommendation by the Tourist Development Council.
IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
' I~IGp~'ffOCK, Clerk
~~SSES:,
BOARD OF COUNTY COMMISSIO]~_ RS
BY: ?AI~IELA S. MAC' KIE, ~l~a'~-w:Jan
GRANTEE
GULF COAST RUNNERS CLUB, INC.
Printed/Typed Name
Printed/Typed Title
(corporate seal)
Approved as to form and
legal sufficiency
H id~i F. A~hto~n /4~
Assistant County Attorney
h:hgXhfa\99TDC/1999 GULF COAST RUNNERS CLUB, INC.
EXHIBIT "A"
HAY 2 5 1999
THE GULF COAST RUNNERS CLUB, INC.
BUDGET
Marketing Plan
South Florida Running Forum-3Ads
Race Place Magazine-2 Ads
Florida Running-2 Ads
Florida Sports-1 Ad
$1,200.00
800.00
1,000.00
400.00
TOTAL
$3,400.00
May 25, 1999
Item #8A2
ACCEPT THE 1999 STANDARD TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND
THE CONSERVANCY OF SW FLORIDA, INC. - CONTINUED TO 6/8/99
similarly, a standard agreement with The Conservancy.
MR. MIHALIC: Commissioners, this is a $10,000 brochure that they
wish to use to enhance European marketing, especially to German
tourists for The Conservancy museum.
COMMISSIONER BERRY: Is that a -- that's a private -- is that
private?
MR. MIHALIC: It's a private nonprofit, but it really falls under
the advertising and marketing Category B, and it is allowed under the
guidelines. And it was recommended by the Tourist Development Council
on April 19th.
COMMISSIONER CONSTANTINE: What exactly is it they want to do?
They're going to create what and send it to whom?
MR. MIHALIC: They want to create a brochure and they want. to use
it for European marketing, primarily to the German market, and to
enhance the number of German visitors that come to Collier County to
experience.
COMMISSIONER CONSTANTINE: And they're going to mail these to
people in Germany? There are going to -- how are they going to
distribute these?
MR. MIHALIC: I can't speak to the distribution, Commissioner.
Hopefully, there's a representative from The Conservancy here that can
speak to that.
CHAIRWOMAN MAC'KIE: Somebody here from The Conservancy today?
COMMISSIONER NORRIS: Well, I would sort of like to see what
their campaign's all about. I would like to know whether they intend
to propagandize something.
COMMISSIONER CONSTANTINE: I make a motion we continue the item
for two weeks.
COMMISSIONER BERRY: I think that's a good idea. I'll second
that.
MR. FERNANDEZ: Madam Chair?
CHAIRWOMAN MAC'KIE: Yes.
MR. FERNANDEZ: You have one speaker you may wish to consider
before you take a vote.
CHAIRWOMAN MAC'KIE: And that is?
MR. FERNANDEZ: Mr. Ty Agoston.
COMMISSIONER CONSTANTINE: If we're going to continue the item --
CHAIRWOMAN MAC'KIE: If we're going to continue, Ty, do you have
a problem with waiting?
MR. AGOSTON: I'm going to Hungary. I won't be here next month.
CHAIRWOMAN MAC'KIE: Then please come forward. Not that we can't
guess what you might be going to say.
MR. AGOSTON: I can call you from Hungary.
Ladies and gentlemen, my name is Ty Agoston.
And Mr. Carter just before has called for somebody who's an
environmentalist, and I put up my hand. I got a smile, but no
encouragement. Let me assure you, ladies and gentlemen, that I am an
environmentalist. Possibly more committed than most people in the
environmental community whose motives are mixed with a political
agenda.
Page 45
May 25, 1999
If we are going to start giving my tax dollars to a group that is
involved in promoting issues and that gets intermixed with their
political agenda as -- and as well as their environmental agenda,
which is a very convenient method of hiding behind a very respectful
and very important environmental protection agenda, where do we stop?
Are you -- would be interested in funding the taxpayer's action
group? We'll send a booklet out to Germany telling them that we
offered the taxpayer, that we feel that the taxes being paid and
extracted by various government agencies are now half of an average
family's income, and we think that's too much. Is that a taxpayer's
service?
CHAIRWOMAN MAC'KIE: You know, this is a tourist tax, and it's on
there for promotion of eco-tourism is what the item is.
MR. AGOSTON: As far as I could tell that the tourist tax, the B
portion, is to promote Collier County. I believe that everybody who
would come to Collier County be interested in a low tax base with a
potential of them relocating to Collier County.
COMMISSIONER CONSTANTINE: Ty, surely you understand that
somebody deciding where they're going to vacation isn't going to
decide they're going to spend a week in Collier County because we have
a low tax rate here.
MR. AGOSTON: I know it's a stretch, but I could make the
argument. Thanks very much.
CHAIRWOMAN MAC'KIE: Thank you, Ty.
MR. FERNANDEZ: No other speakers.
CHAIRWOMAN MAC'KIE: There's a motion and a second for
continuance for two weeks. And if someone will contact a Conservancy
representative and hopefully ask them to be here. MR. MIHALIC: Yes.
CHAIRWOMAN MAC'KIE: All in favor of that motion, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
Item #8A3
ACCEPT THE FIRST AMENDMENT OF THE 1999 STANDARD TOURISM AGREEMENT
BETWEEN COLLIER COUNTY AND THE MARCO ISLAND FILM FESTIVAL, INC.
We also have the First Amendment of the 1999 tourism agreement
between the county and the Marco Island Film Festival.
COMMISSIONER CONSTANTINE: I have a couple of questions on this
one, if we have representatives here.
CHAIRWOMAN MAC'KIE: Come on down.
COMMISSIONER CONSTANTINE: I assume the television advertisement
spots and celebrity promotionals that are listed in here are that
50,000 that we talked about.
MR. DAILEY: That's correct.
COMMISSIONER NORRIS: State your name.
MR. DAILEY: My name is Maury Dailey. I live at 1307 Riverhead
on Marco Island. President of the film festival.
COMMISSIONER CONSTANTINE: Just so I understand, where will those
television advertising spots air, and how are we promoting the
celebrity, whomever that may be?
MR. DAILEY: That's a good question. The celebrity promotion is
-- actually there are no fees going to celebrities. It's really
Page 46
May 25, 1999
people that will be flown in. It's the flight to get them here and
the lodging for them to be here. They do that on their own time. So
that's the celebrity part.
And it's critical to bringing the attendees and other film makers
and producers to the event. The television portion that we're looking
at, some things that would be done in Lee County and then some things
that will be done over on the East Coast with TV promotion, and --
COMMISSIONER CONSTANTINE: That answers my question. I just
wanted to make sure it wasn't all local market television. Thank you.
CHAIRWOMAN MAC'KIE: Other questions for staff before we vote on
it?
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER CONSTANTINE: Second.
CHAIRWOMAN MAC'KIE: And we have speakers?
MR. FERNANDEZ: One speaker. Fred Shinn.
CHAIRWOMAN MAC'KIE: Would you like to speak to us?
MR. SHIN-N: No, Madam Chairman. No.
CHAIRWOMAN MAC'KIE: Thank you. He waives his opportunity.
We have a motion and a second for approval. All in favor, please
say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
MR. MIHALIC: Commissioners, could you give me a moment to
introduce the new tourist development coordinator for the county?
CHAIRWOMAN MAC'KIE: Oh, good.
MR. MIHALIC: Fran Haas, could you please stand up? Fran started
last week and we are pleased to have her on board.
CHAIRWOMAN MAC'KIE: Great. Okay.
Page 47
MAY 5 1999
FLu. ST AMENDMENT TO 1999 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND THE MARCO ISLAND FILM FESTIVAL, INC.
REGARDING 1999 MARCO ISLAND FILM FESTIVAL
THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this~I~day--
of(~r~/ , 1999, by and between Marco Island Film Festival, Inc., hereinafter referred to as
"GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred
to as "COUNTY."
RECITALS
WHEREAS, the GRANTEE and the COUNTY entered into a 1999 Tourism Agreement
dated March 9, 1999 (the "Tourism Agreement") in the amount of $56,500.00; and
WHEREAS, the GRANTEE has requested an increase in funding of $50,000.00; and
WHEREAS, the COUNTY desires to amend the Tourism Agreement to increase the funding.
WITNESSETH:
NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS HEREIN AND OTHER
VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Section 2 is hereby deleted in its entirety and replaced with the following
language:
PAYMENT: The amount to be paid under this Agreement shall be One Hundred-six
Thousand Five Hundred Dollars ($106,500.00). The GRANTEE shall be paid in accordance with
fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses
as described in Section 1 upon submittal of an invoice and upon verification that the services
described in the invoice are completed or that goods have been received.
GRANTEE shall determine that the goods and services have been properly provided, and
shall submit invoices to the County Administrator or his designee. The County Administrator or his
designee shall determine that the invoice payments are authorized and the goods or services covered
by such invoice have been provided or performed in accordance with such authorization. The line
item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the
invoices provided that such expenditure is made in accordance with this Agreement.
Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof
and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or
performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and
vendors have been paid for work and materials from previous payments received prior to receipt of
any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of
County Commissioners pre-audits payment invoices in accordance with the law.
HAY 5 !99g
GRANTEE shall be paid for its actual cost not to exceed the total amount for various line
items and up to the maximum amount budgeted pursuant to the attached "Exhibit A." The amounts
applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be
increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in
excess of ten percent (10%) of any line item must be authorized by the County Administrator or his
designee.
2.
Exhibit "A" to the Tourism Agreement shall be deleted in its entirety and replaced
with the new Exhibit "A" attached to this amendment.
Except as set forth herein, all of the terms and provisions of the Tourism
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COMMISSIONERS
D~trIGHT E. BROCK, Clerk
Att ~t~,., as.. ,~:~y ?.Chl:(~man~}$
By/AI~(A ;. MAC~IE, Ch/~man
WII~I~~ GRANTEE
:;" ' ~"~-,:', ':"" ~ ; Marco Island Film Festival, Inc.
(1)
By:
~~ N~ ~ Pdn~e ~d Title
(corporate seal)
Approved as to form and
l udfficiencty
I2i~idi F. Ashton
Assistant County Attorney
h:hg/hfa/99 talc agreement/1999 Marco Island Film Festival.l
2
MAY ~ 5 1999
EXHIBIT "A"
FILM FESTIVAL
BUDGET
PRINT MEDIA
includes
Magazine Advertising
Rack Card Distribution
Call for Entry Brochures
Public Relations
$ 56,500.00
Tdevision
Advertising Spots
$15,000.00
Celebrity
Promotional
$35,000.00
TOTAL
$106.500,00
May 25, 1999
Item #8A4
REPORT THE BOARD ON THE TRANSPORTATION ELEMENT OF THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN - STAFF SUGGESTIONS TO BE IMPLEMENTED AND
BROUGHT BACK TO THE BCC ON 6/22/99
The next item is 8(A) (4), which is a really important policy
item. It's where we talk about what the transportation element for
the county's growth plan says.
COMMISSIONER NORRIS: It might be long-winded to get into right
now.
CHAIRWOMAN MAC'KIE: It is five till noon now, isn't it?
COMMISSIONER CONSTANTINE: How long do you think this report will
take, Mr. Jones?
MR. JONES: I'll give you the first --
CHAIRWOMAN MAC'KIE: Well, I'll tell you that I'm hoping that
we'll discuss whether or not the levels of service that we have
adopted at level of service D for county roads is adequate, or if we
want to look at that. I mean, that's the bottom line of what I'm
going to want to put on the table.
COMMISSIONER NORRIS: Is that E?
CHAIRWOMAN MAC'KIE: Maybe C.
COMMISSIONER CONSTANTINE: Whether it's financially feasible.
COMMISSIONER NORRIS: Yeah. That's the question, I think, that
we've got to face, though.
COMMISSIONER BERRY: That's what we talked about before, even at
MPO meetings, are we on the right level here.
COMMISSIONER CONSTANTINE: Let's hear the report.
CHAIRWOMAN MAC'KIE: Please go forward, Mr. Jones.
MR. JONES: Thank you, Madam Chairwoman, Commissioners. Good
morning. My name is Gavin Jones with the Metropolitan Planning
Organization staff. And staff brings to you the first of the series
of reports on the various elements in your Growth Management Plan.
This is the transportation element.
I've reproduced in the executive summary all of the goals,
objectives and policies, but collected in groups the policies for
which staff has no comments and the ones for which staff does. And I
draw your attention to Section B, the policy concerning level of
service on state roads. And that would be on page -- the staff
comments and that are on Page 8 of that -- of the executive summary.
And this is just a reminder that Collier County now has the
latitude to effect the minimum standard level of the service on all
the state roads in the county with the exception of Interstate 75,
because it is a portion of the Florida intrastate highway system. The
minimum standard is set by the Florida Department of Transportation.
And we are also -- we are also essentially not given the autonomy
over programming some of the funds that can be used to improve
interstate facilities. Those funds are programmed at the state level.
We have discretion over the money that the MPO programs each year, but
that is a separate pot of money.
CHAIRWOMAN MAC'KIE: Gavin, the bottom line, the concern there,
if I'm understanding it, is that the state has adopted a higher level
of service for 1-75, for example, than we have adopted. The reason
1-75 is at failure is because their level of service is C. We, you
know, are more clever than that. We adopt Level of service D, and
therefore, we don't reach failure. But if we -- the fact that they
Page 48
May 25, 1999
have a level of service C, can that force us to spend our limited
resources out there, when we have in fact more pressing problems near
the coast?
MR. JONES: Well, the counties that have reached the situation
before us, you know, in at least one instance the attitude is that
they will not, that they will just rely on the programming of
improvements to the intrastate highway system when it happens and they
will endure unacceptable level of service. And to my knowledge, they
haven't really tested the resolve of the state as to whether that
should require a moratorium on development around the segment or not.
That's kind of their --
COMMISSIONER CONSTANTINE: The difference really is they deal
with it differently than we do. If we have a deficiency that goes
beyond a certain level, DCA cracks down and there's certain things
that we are restricted from doing. There's not a whole lot they can
do with FDOT if they don't.
A case in point would be Davis. When we finally widened that a
couple of years ago, it was actually carrying 185 percent of the
capacity it was designed for. And so while the state -- part of the
state was telling us you have to build other roads, county roads, at
the same time they weren't applying the same rules to themselves.
And so we can look at these, well, gee, the state has level of
service C, but there really isn't that stick there to force them to
enforce that. So it's much easier for them to say we've got a higher
level of service because they don't start the ball into motion the
same time we do.
CHAIRWOMAN MAC'KIE: But Tim, what I'm concerned about is, you're
right, I mean, it is a box that they have us in. If I'm understanding
this, Gavin, and please tell me if I'm not, that the state -- we can't
force them to widen the state road, but they can force us to stop
issuing building permits if we fall below an adopted level of service
and don't have the budget amendments, et cetera, the money in place to
build the improvements.
So they can -- they have a big stick. They don't have to decide
whether or not to spend the money, but they can enforce a moratorium,
force us to call a moratorium. That worries me.
COMMISSIONER CARTER: Well, don't we have another piece to this,
though? We do have some political clout, I would think, with the
Governor in Lee and Collier Counties, if I look at the numbers of
people that put Jeb Bush into office --
CHAIRWOMAN MAC'KIE: I'm hoping so.
COMMISSIONER CARTER: -- that I think I'm asking, what kind of
message do we need to send to the Governor who can influence what goes
on here to say I think it's payback time.
COMMISSIONER BERRY: Unfortunately, we don't have the power in
the legislature. We've got -- we're out powered by Dade, Broward,
Palm Beach, Orange County, Hillsborough and those counties. And
that's the way it is. And so somehow or other, you can threaten all
you want, but --
COMMISSIONER CARTER: Well, I wouldn't suggest we threaten him, I
would just suggest that we might remind him.
COMMISSIONER BERRY: But reality is, Jim, unfortunately we don't
have it. It's just sheer numbers. They've got it, we don't.
CHAIRWOMAN MAC'KIE: That's one that's more just we better have a
heads up and watch for it than anything else. Because there's not
much we can do to change the law in that regard. And I'm glad to hear
Page 49
May 25, 1999
that you're saying that other counties have come up against this and
have said no, we know what our road building priorities are and we're
going to spend our money where we need to without great repercussions
from the state.
COMMISSIONER CARTER: I think we have to stay with our agenda.
And maybe if enough people like us demonstrate that we are not going
to kowtow to their level of service, but we're going to take care of
our own county roads first, then perhaps that does send another
message.
CHAIRWOMAN MAC'KIE: And Jim, what a perfect segue for the point
that I wanted to make, and that is whether or not we are taking care
of our own roads. And I realize what I'm about to say is, you know,
fairyland, because we already don't have enough money to pay for
keeping our roads at a level of service D. But we have roads that are
adopted at -- our roads generally are adopted as level of service D.
If you look at the bottom of Page 6 of our agenda packet, you'll
see the two, four, five -- five roads that are the most in trouble in
Collier County and what we're proposing, as I understand it, Gavin, is
to say, well, level of service E, which on any child's report card is
really F, comes after D, is what we're going to live with for the next
couple of years.
COMMISSIONER CONSTANTINE: Let's not make that analogy, because
the idea that somehow we could have a level of service A road network
is just literally impossible. So let's not make the analogy to
grades, because that's not fair.
CHAIRWOMAN MAC'KIE: Okay. Let's take a C. I'll be happy with a
C. I'm not thrilled with a D and I'm just sickened by an E.
COMMISSIONER CONSTANTINE: Rather than spend a great deal of time
talking about something we can support or not today, I would suggest
we give staff direction to do a financial feasibility of making our
road network C. Because I think the numbers are going to come back
that you have to buy up so much road right-of-way. And it's not going
to be financially feasible.
And what we might find in that process, that maybe there are a
couple of roadways that are primary connectors that we could look at a
higher level of service on. But to suggest and spend a lot of time
talking about making a whole network at level of service C, just --
you are right, it's fairyland. We're not going to come up with the
money to do that. It's not realistic. So let's not spend a whole lot
of time talking about that. If we can plug some numbers in and see
what those overall costs would be, then I think it will end
speculation that that's somewhere we can realistically head. It may
CHAIRWOMAN MAC'KIE: I'd like to see that.
COMMISSIONER CONSTANTINE: -- however, allow us to look at if
there are a couple of roads we can do that with.
CHAIRWOMAN MAC'KIE: And, you know, that falls right into what --
another one of Gavin's requests, is that we authorize him to do a
build-out road network without the tie to a year of 2020 or 20
whatever it is. And that coupled with what would it cost to have --
how about what would it cost to have the level of service E roads
raised to D? You know, something, anyway.
Because what -- the fundamental premise here that is a community
issue is the community has to decide if they want to pay for roads
that are less congested. Because the way we are planning for roads
Page 50
May 25, 1999
right now at peak hour, peak season, they're going to be congested.
And that's when they're functioning as planned.
COMMISSIONER CONSTANTINE: I think there's two things we need to
do to keep perspective here. One is we have an influx in season. We
have roughly 200,000 people year-round. That gets up to roughly
285,000. And when you have an almost 50 percent increase, you're
going to have some discomfort on your roadways.
But also, take a quick trip to Fort Lauderdale or to Miami and
realize that while traffic going in Golden Gate Parkway in the morning
or coming in Davis in the morning is crowded, you're not sitting at a
standstill for a 90-minute drive the way you do on a 10-lane freeway
in Miami.
COMMISSIONER NORRIS: Or even Fort Myers --
COMMISSIONER CONSTANTINE: Yes.
COMMISSIONER NORRIS: -- is as far as you have to
COMMISSIONER CONSTANTINE: So I think we -- can we improve? Yes.
And should we strive to? Yes. But let's keep it in perspective when
we have that discussion.
CHAIRWOMAN MAC'KIE: Commissioner Berry?
COMMISSIONER BERRY: I couldn't agree with you more, Tim.
However, the expectation of our seasonal residents who have purchased
properties down here in all these communities --
COMMISSIONER CONSTANTINE: God bless them.
COMMISSIONER BERRY: We love them. However, they all arrive here
about the same time and then we start -- the phone starts ringing on
what are we doing, that the roads are totally inadequate. It wasn't
this way five years ago when they bought their house down here and
what are we doing and everything's out of control and we've just let
the county go to you know where in a hand basket. And that's when we
start getting the complaints.
So the only way I think that eventually we're going to improve
this situation, somebody's going to have to bite the bullet and you're
going to have to get the roads -- you're never going to get them up to
an A. I mean, I don't think that's going to happen.
CHAIRWOMAN MAC'KIE: That's silly.
COMMISSIONER BERRY: But if we can improve them or do a segment a
year or do something that's reasonable, and again maybe staff can come
back with some kind of a procedure that we can start to look at this
in a funding mechanism in some way, shape, or form. I think we need
to -- we need to start this attack. You just can't continue to put it
off. Because the longer we do, the more complicated the problem is.
And I'll tell you right now, is it a hassle out on the roadways? I'd
have to say no, for the most part.
CHAIRWOMAN MAC'KIE: Today.
COMMISSIONER BERRY: Today, it's not bad. I mean, I can go from
my house, home, in a relatively reasonable amount of time. But I'll
tell you, during the season it's a real pain in the neck to drive
Airport Road. And I have to do it, unless I go clear out to the
interstate and then go north. But I have to drive the entire length
of Airport Road every time I come down here or go home. And it's a
real nightmare, particularly during the season.
CHAIRWOMAN MAC'KIE: And Golden Gate, when I see those cars lined
up --
COMMISSIONER BERRY: That's right.
CHAIRWOMAN MAC'KIE: -- coming and going.
Page 51
May 25, 1999
COMMISSIONER BERRY: And that's not going to get any better.
Because the building out in the Estates, they're either coming in on
Pine Ridge Road, Vanderbilt Beach Road or Golden Gate Parkway.
CHAIRWOMAN MAC'KIE: And look on Page 6 at what these roadways
are that we're saying can go to level of service E. It's Airport,
from Pine Ridge to Golden Gate, it's Golden Gate from Airport to Santa
Barbara, it's Goodlette-Frank from Golden Gate to 41. And Pine Ridge
from Airport to -- I mean, those are -- the measurement system works,
because those are the bad roads.
COMMISSIONER CARTER: Can we get a grid, a CD grid, level of
service taking an average, if you please? And I really would rather
look at us out of season to see what we look like. And maybe we can
even bump that in that says in season it's going to happen, this is
what's going to take place. Can we do a spread on that? Get a cost
estimate what we need to do in a long-range plan, which always segues
to my favorite topic is, you've got a pent-up need and you've got to
pay for it. And the question will be how we're going to pay for it.
COMMISSIONER NORRIS: Sales tax.
MR. JONES: Yeah, if I could -- staff will certainly do that
analysis and come back. But if I can lower your expectations now so
that you won't be disappointed when we do, I would remind you that the
future year networks that we've shown you in the past were built to
preserve level of service D. And those networks, while preserving
level of service D included expressways and grade separated
interchanges, and we brought to you before a list of intersections
where even if the arterial links are functioning acceptably, the
intersections are failing, given the crossing volumes.
And something in those networks would have to give -- it would be
the addition of features which, you know, up until now the community
has said they don't want to see.
CHAIRWOMAN MAC'KIE: And I guess this --
MR. JONES: But we can -- but we will return to you with, you
know, what the network would look like. And maybe the ideal time to
do it would be in the preparation of that build-out network, because
that would be --
COMMISSIONER CARTER: I think, Gavin, we've got to see it and
we've got to deal with reality. I don't want the great over or
underpasses or flyovers any more than anybody else. But I have to
deal with reality. And I want to see what it's going to look like out
here in a 20-year plan, plan for it, find a revenue to pay for it, so
that we can be ahead of what we're doing instead of everybody in our
face about we don't do anything.
COMMISSIONER BERRY: I agree with Jim on that totally. Granted,
I don't think any of us sitting up here wants spaghetti junction. I
don't think we're looking at that. We already have overpasses, so
anybody that walks around saying that we don't have them, you haven't
driven lately, or if you have, you're not paying attention. Because
we already have them. And so let's get on with it. We're going to
have them. Let's make them look pretty, and let's do whatever it is
to get people from one point to another relatively safely.
CHAIRWOMAN MAC'KIE: There are a couple other points I think you
were asking for direction in your --
MR. JONES: Just to bring to your attention, one regarding the
comprehensive pathway plan. There's a comment in there, although we
have a comprehensive pathway plan that, you know, would give us a
picture of a pathway system for our future, staff's comments just
Page 52
May 25, 1999
refer to the method in which improvements are programmed, and maybe
would lead those to be more the programming of them to be more
systematic. And that's staff's comment. That's Page 10, Policy 4.3.
COMMISSIONER CARTER: What do you need from us, Gavin? I think
that's an integrated part. It has to be there. Are you saying that
we're not giving you enough direction on this?
MR. JONES: It's just the methodology by which improvements are
programmed. The model for the comments in the executive summary is
the method in which improvements are programmed on the state -- in the
state's work program, that they would -- A, that they would have to
appear on the comprehensive pathway plan. That's a requirement of law
that we can't construct facilities in the state work program, unless
they appear on the plan first. But also, that they be the product of
a priority-setting process that would be guided by the Pathway
Advisory Committee.
And essentially that is how improvements are programmed in the
state work program, and that's staff's recommendation for how the
improvements would be -- how pathway improvements would be programmed.
Those two features. One, that it would have to appear on the
comprehensive pathway program before it could be considered for
programming in the county's work program. And two, that it would be
part of a prioritized list of improvements that would come out of the
pathway advisory committee.
CHAIRWOMAN MAC'KIE: I certainly want you to do that.
COMMISSIONER CARTER: Yeah, I want you to do that. I mean, I've
been reading all the e-mails lately and I would --
MR. FERNANDEZ: Madam Chairman?
CHAIRWOMAN MAC'KIE: Yes.
MR. FERNANDEZ: The point here is that the current policy
language allows the construction of elements to the plan that are
disjointed, essentially, and doesn't result in a focused, integrated
system. We feel that if we make this ~changes in the policy, we'll be
able to ensure that the improvements that are made are in fact linked
together and part of the system.
COMMISSIONER CARTER: Thank you, Bob. That's exactly what I
want.
COMMISSIONER BERRY: Makes sense.
CHAIRWOMAN MAC'KIE: That sounds like you have support for that.
Is there anything else that you were looking for?
MR. JONES: We've touched on the inclusion of a build-out
network. And just a reminder that we haven't talked so much about
connectivity today, but staff will be returning with a report on that.
And the intention is on the June 22nd agenda.
CHAIRWOMAN MAC'KIE: Okay. Anything else we need to do on this
one, Mr. Fernandez?
MR. FERNANDEZ: No, that's everything.
COMMISSIONER CONSTANTINE: Madam Chairman, the next two items
look like 30 second items each.
CHAIRWOMAN MAC'KIE: They're quickies. Do you want to get rid of
them?
Item #8B1
RESOLUTION 99-249 RE THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION
OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL, NON-EXCLUSIVE ROAD
RIGHT OF WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY
Page 53
May 25, 1999
CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE FOUR
LANING IMPROVEMENTS FOR IMMOKALEE ROAD (C.R.846) PROJECT BETWEEN 1-75
AND C.R. 951 - ADOPTED
8(B) (1), a resolution on --
COMMISSIONER NORRIS:
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE:
Motion to approve.
Second.
All those in favor, say aye.
Passes unanimously.
Page 54
HAY ? 5 1999
RESOLUTION NO. 99-249
A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT,
PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS
AND/OR NON-EXCLUSIVE, PERPETUAL ROAD RIGHT-OF-WAY,
SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY
CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF
THE FOUR-LANING ROADWAY IMPROVEMENTS FOR IMMOKALEE ROAD
(C.R. 846) PROJECT BETWEEN 1-75 AND C.R. 951, CIE NO. 08.
WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted Ordinance
No. 97-55 therein establishing the 1997 (Seventh Annual) 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. The Transportation Element of the County's
Comprehensive Plan was adopted in Ordinance No. 97-62; and
WHEREAS, the four-laning improvements to Immokalee Road between 1-75 and C.R. 951 is
one of the capital improvement projects required under the Transportation Element of the County's
Comprehensive Plan; and
WHEREAS, the Board of County Commissioners, on September 16, 1997, adopted
Resolution No. 97-356 authorizing the County Staff to acquire by gift or purchase certain easements
and/or fee simple title to the property and property interests required and necessary for the four-
laning roadway improvements of Immokalee Road between 1-75 and C.R. 951; and
WHEREAS, the location for construction of the proposed improvements has been fixed by
survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached
hereto and incorporated herein.
WHEREAS, after consideration of the availability of alternate routes and locations, the
comparative costs of project alternatives, various impa"cts upon the environment, long range planning
options, and public safety considerations, the Board desires to exercise its right to condemn property
for public purposes.
WHEREAS, the Board of County Commissioners adopted Resolution No. 99-80 on January
26, 1999 authorizing the acquisition by gilt, purchase or condemnation of property interests necessary
for the four-laning of Immokalee Road.
WHEREAS, this Resolution is being adopted to correct a scrivener's error in legal
descriptions as to parcels 101, 117, 717, & 127C1.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLrNTY
COMMISSIONERS OF COLLIER COUNTY, FLOR/DA, that it has been determined by the Board
that the construction of the four-laning roadway improvements for Immokalee Road between 1-75 and
C.R. 951, (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.
Page 1
AND IT IS FURTHER RESOLVED that construction of the Project is 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.
AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations
for the project, various impacts to the environmental, public safety and welfare considerations
associated with the design and construction of the project, and the costs associated with the design,
property rights acquisition, and construction of the project; and the Board finds that after
consideration of these issues, the most feasible location for construction of the proposed
improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached
hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is
necessary for the Board to acquire the various real property interests described Exhibit "A" to wit: fee
simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, slope, utility
drainage, maintenance and temporary construction interests by easement.
AND IT IS FURTHER RESOLVED that all property shall be put to public purposes.
AND IT IS FURTHER RESOLVED that the County staffis hereby authorized to
immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters
73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly
described in Exhibit "A", attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought
to be acquired and therefore it will not be necessary to remove any mobile homes bom the property
to be acquired.
AND IT IS FURTHER RESOLVED that this Resolution supersedes County Resolution No.
99-80.
This Resolution adopted on this~--,~'/qday of~JQ'~ , 1999, after motion, second and
majority vote.
ATTEST:
ittest to Cha 1-'
aS ' Iqllan ' S
Signature OnT,Y~ L
~aVed ~ to fo~ ~d legal sufficiency:
Heidi F. Ashton, Assist~t COunty Attorney
Page 2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY PROJECT NO ................ 69101
PARCEL NOS...100 & 700.
FOLIO NO ....... 41930880003
FEE SIMPLE
TEMPORARY CONSTRUCTION EASEMENT
IMMOKALEE ROAD (C.R.846)
lOO' R\W
............ ...........
50' ~ EXISTING R\W LINE 50~
/
196.78'
PARCEL 700-~ PARCEL 10 o
DESCRIPTION (PARCEL 100) fee simple
THE SOUTH FIFTEEN (157 FEET OF THE NORTH SIXTY FIVE (65')FEET OF THE
EAST THIRTY FIVE (357 FEET OF TRACT 19 OF THE PLAT THEREOF, GOLDEN
GATE ESTATES, UNIT 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 525 SQUARE FEET MORE OR LESS.
DESCRIPTION (PARCEL 700) temporary construction easement
THE SOUTH TEN (107 FEET OF THE NORTH SIXTY (60') FEET OF THE WEST FORTY
FIVE (45') FEET OF THE EAST 241.78 FEET OF TRACT 19, GOLDEN GATE ESTATES ,
UNIT NO. 97, AS RECORDED IN PLAT BOOK 7 PAGE 96, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
CONTAINING 450 SQUARE FEET MORE OR LESS.
EX H'IBI':r -~
,
GENERAL NOTES I ..... ,,,
1)P.O.C. = POINT OF COMMENCEMENT,.-~)~ ~ ~,./~//.~ ' ~.~ //
P.O.B. = POINT OF BEGINNING PREPARED S~--.~-...~....~....~/. .......... DATE.~/.f...~./....~...%
2)
3) SEC. = SECTION ~"~GEORGE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) RNV = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 84112
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOT TO SCALE OCT. 14, 1998 IMR100 SHEET 1 OF I
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341~¥ 2 5 1999
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ................ 69101
PARCEL NO ................... 101
FOLIO NO...4~l ~.3.0.9. 2.Q D.0. ~ ........
IMMO~LEE ROAD
100' R~W '.
350.01, :
.... ~2.96' '~'~ I
,
' ~_1~7.o5, i~ PARCEL ~0~ ~i I I
~15' : : :
. ~ : :
~1 I
:
: ~ : _ :
T~CT19 T~CT20I ~ I 8 I
DESCRIPTION (PARCEL 101) fee simple title
THE NORTH SIX~ FIVE (~5') FEET OF THE WEST 252.98 FEET OF THE EAST
302.9~ FEET AND THE SOUTH FIFTEEN (15') FEET OF THE NORTH SlX~ FIVE (~5')
FEET OF THE WEST 47.05 FEET OF T~CT 20, OF THE P~T THEREOF, GOLDEN
GATE ESTATES, UNIT NO. 97, AS RECORDED IN P~T BOOK 7, PAGE 96, OF THE
PUBLIC RECORDS OF COLLIER COUNt, FLORIDA.
CONTAINING 17,148 SQUARE FEET OR .394 ACRES MORE OR LESS.
EXHIBIT
2) P.O.B. = POINT OF BEGINNING PREPPED S ........... DATE .................
4) TWP, = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL REG.
5) RGE. = ~NGE PUBLIC WORKS ENGINEERING DEPT.
6) ~ = RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPL~
7) ALL DISTANCES ARE IN FEET AND DECI~LS THEREOF
~1 ~ST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED S~L OF A PROFESSIONAL ~ND SURVEYOR NAPLES, FLORIDA ~112
DRAWN aY cHECKE6'~Y ~E DATE FILE NO.
NOT TO SCALE OCT. 14, 1998 IMR101 SHEET 1 OF 1
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
MAY 2 b 1~
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO .......... 69101
PARCEL NO ............. 102 & 702
FOLIO NO ......... 41930960004
IMMOKALEE ROAD (C.R. 846)
FEE SIMPLE
P.O.C.. TEMPORARY CONSTRUCTION EASEMENT
.._ 275.01'
PARCEL 702,~?, PARCEL22501,102 ~
~ LU --; TRACT 21
, ~' I LESS THE EAST 75'
0
I
THE NORTH 50 FEET OF THE EAST 225.01 FEET OF THE WEST 275.01
FEET OF TRACT 21, OF THE PLAT THEREOF, GOLDEN GATE
ESTATES UNIT NO.97, AS RECORDED IN PLAT BOOK 7,
PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 11,251 SQUARE FEET OR 0.258 ACRES MORE OR LESS.
DESCRIPTION PARCEL702 temporary construct£on easement
COMMENCE AT THE NORTHWEST CORNER OF TRACT 21 ,OF THE PLAT
THEREOF, GOLDEN GATE ESTATES UNIT NO. 97,AS RECORDED IN PLAT
BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
THENCE EASTERLY ALONG THE NORTH LINE OF SAID TRACT 21 A DISTANCE
OF 50 FEET; THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE OF
OAKES BOULEVARD A DISTANCE OF 90 FEET TO THE POINT OF BEGINNING,
THENCE NORTHERLY ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF
40 FEET; THENCE EASTERLY ALONG A LINE LYING 50 FEET SOUTH, AS MEASURED
PERPENDICULAR TO, SAID NORTH LINE OF TRACT 21, A DISTANCE OF 40 FEET;
THENCE SOUTHWESTERLY A DISTANCE OF 56.57 FEET TO THE POINT OF BEGINNING.
CONTAINING 800 SQUARE FEET OR 0.018 ACRES MORE OR LESS.
GENERAL NOTES ~.5~ ~ ~ o~/ _ ./~ / ,
P.O.B. = POINT OF BEGINNING PREPARED . ..DATE.
23) SEC. = SECTION GEORGE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) R/VV = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE NO,
NOT TO SCALE NOVEMBER 2, 1998 IMR102 SHEET 1 OF I
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
MAY ? 5
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO .................. 69101
PARCEL NOS ....... 102A & 702A
FOLIO NO .......... 41931000002
FEE SIMPLE
TEMPORARY CONSTRUCTION EASEMENT
IMMOKALEE ROAD (C.R. 846)
100' R\W o
I ~/ EXISTING R\W LINE
PARCEL 102A
PARCEL 702A// 40'
EAST 75 FEET OF
TRACT 21
I
I
DESCRIPTION (PARCEL 102A) fee slmple tltle
THE NORTH FIFTY (50') FEET OF THE EAST 75 FEET OF TRACT 21, OF THE PLAT
THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7,
PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 3750 SQUARE FEET MORE OR LESS.
DESCRIPTION (PARCEL 702A) temporary construction easement
THE SOUTH TEN (10') FEET OF THE NORTH SIXTY (60') FEET OF THE EAST FORTY (40')
FEET OF THE EAST 75 FEET OF TRACT 21, OF THE PLAT THEREOF, GOLDEN GATE ESTATES,
UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
CONTAINING 400 SQUARE FEET MORE OR LESS.
EX~[BIT
GENERAL NOTES ,'I ', ,
P.O.B. = POINT OF BEGINNING PREPARED ...DATE. /4 ~'?
23) SEC. = SECTION GEORGE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) R/W = RIGHT OF WAY
COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE NO,
NOT TO SCALE OCT. 16, 1996 ~am02A SHEET 1 OF 1
3301
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA
(941) 774-8192
341 I~Ay 2
5 !~9
PROJECT NO. 69101
PROJECT PARCEL NO. 103
TAX PARCEL NO. 41931040004
,LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
THE NORTH FIFTY. (50') FEET OF TRACT 22 OF THE PLAT THEREOF, GOLDEN
GATE ESTATES,UNIT 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE
PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.
SAID TRACT CONTAINS 16500 SQUARE FEET OR .379 ACRES MORE OR LESS.
PARCEL 103
BY: DATE:
GEOJ~E R. RICHMOND -
PROFESSIONAL LAND SURVEYOR #240§
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY GOVERNMENT COMPLEX
5501 E TAMIAMI TRAIL NAPLES, FLORIDA 34112
3301
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA
(941) 774-8192
34112
PROJECT NO. 69101
PROJECT PARCEL NO. 105
TAX PARCEL NO. alq~nno?
i
,LEGAL. DESCRIPTION (.NOT A SURVEY)
fee simple title
THE NORTH FIFTY (50') FEET OF TRACT 51 OF THE PLAT THEREOF, GOLDEN
GATE ESTATES,UNIT 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE
PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.
SAID TRACT CONTAINS 16500 SQUARE FEET OR .379 ACRES MORE OR LESS.
PARCEL 105
BY: DATE:
GEOJ~E R/RICHMOND '
PROFESSIONAL LAND SURVEYOR #2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY GOVERNMENT COMPLEX
5501 E TAMIAMI TRAIL NAPLES, FLORIDA .34112
MAY 2 5 1999
3301
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA
(94-1) 774--8192
34112
PROJECT NO .......... 6,9101
PROJECT PARCEL NO. lQ,6
TAX PARCEL NO.. 41934920008
.LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
TI IE NORTI! FIFTY (50') FEET OF TRACT 70 OF TIlE PLAT TI IEREOF, GOLDEN
GATE ESTATES,UNIT 97 AS RECORDED IN PI.AT BOOK 7, PAGE 96, OF TIIE
PUI3LIC RECORDS OF COLLIER COUNTY,FLORIDA.
SAID TRACT CONTAINS 16.~00 SQUARE FEET OR .379 ACRES MORE OR LESS.
PARCEL 106
bY: DATE:
GE O,l:~:l~E R. vRICHMOND
PROFESSIONAL LAND SURVEYOR #2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY GOVERNMENT COMPLEX
3501
E TAMIAMI TRAIL NAPLES, FLORIDA 34112
HAY ? 5 !999
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 69101
PARCEL NOS ........ 109 & 709
FOLIO NO ......... 41936480009
FEE SIMPLE
TEMPORARY CONSTRUCTION EASEMENT
IMMOKALEE ROAD (C.R. 846)
100' R\W
EXISTING' R\VI LINE J
140'
TRACT 91
DESCRIPTION (PARCEL 109) fee simple title
THE NORTH FIFTY (50') FEET OF TRACT 91, OF THE PLAT THEREOF, GOLDEN GATE ESTATES,
UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
CONTAINING 16,500 SQUARE FEET OR .379 ACRES MORE OR LESS.
DESCRIPTION (PARCEL709) temporary construction easement
THE SOUTH THIRTY (307 FEET OF THE NORTH 60 FEET OF THE EAST 140 FEET OF TRACT 91
OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97 AS RECORDED IN PLAT
BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 4200 SQUARE FEET OR .096 ACRES MORE OR LESS.
GENERAL NOTES ~>~5~ ~ o -~' 2¢
1) P.O.C. = POINT OF COMMENCEMENT ~~ ..~../~ .~.~..
2) P.O.B. = POINT OF BEGINNING PREPARED ....... DATE ....
3) SEC. = SECTION GEORGE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) R/W = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY ISCALE DATE FILE NO.
NOT TO SCALE OCT. 16, ieee ~Mm09 SHEET 1 OF 1
NAY ~ 5 lq.qg
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 69101
PARCEL NOS..110 & 710
FOLIO NO .......... 41939760007
FEE SIMPLE
TEMPORARY CONSTRUCTION EASEMENT
IMMOKALEE ROAD (C.R. 846)
100' R\W
EXISTING R\Vl LINE /
,
I
I
40'
TRACT 110 ,
I
I
DESCRIPTION (PARCEL 110) fee s£mp[e t±t[e
THE NORTH FIFTY (507 FEET OF TRACT 110, OF THE PLAT THEREOF, GOLDEN GATE ESTATES,
UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
CONTAINING 16,500 SQUARE FEET OR .379 ACRES MORE OR LESS.
DESCRIPTION (PARCEL 710) temporary construction easement
THE SOUTH 80 FEET OF THE NORTH 130 FEET OF THE EAST 40 FEET OF TRACT 110
OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97 AS RECORDED IN PLAT
BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 3200 SQUARE FEET OR .073 ACRES MORE OR LESS.
EXHIBIT
GENERAL
NOTES
- ~ ~ ~.~//..
2) P.O.B. = POINT OF BEGINNING PREPARED BY ....... DATE...
3) SEC. = SECTION GEORGE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) R/W -- RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOT TO SCALE OCT. 16, 1998 IMRll0 SHEET 1 OF 1
330~
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA
(941) 774-8192
PlAY
34-112
5 1999
LEGAL
DESCRIPTION
(NOT A SURVEY)
PROJECT NO. 69101
PROJECT PARCEL NO. 1 ] 2
xTk~l:X PARC El_ NO. 41941040007
Folio
fee simple title
THE NORTH (50') FEET OF TRACT ! 50 OF THE PLAT THEREOF, GOLDEN GATE
ESTATES,UNIT 97, AS RECORDED IN PLAT BOOK 7, PAGE 96 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 0.524 ACRE (22,836 SQUARE FEET), MORE OR LESS.
PARCEL 112
DATE:
~1~-~1-' R. RICHMOND
PROFESSIONAL lAND SURVEYOR #2406
OFFICE OF CAPI1AL PROJECTS
COI_LIER COUNI¥ GOVERNMENT COMPLEX
3501 E TAMIAMI ]'RAIL NAPLES, FLORIDA 34112
MAY ? 5 1999
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 69101
PARCEL NOS. 113 & 713
FOLIO NO ............ 00195000009
FEE SIMPLE
TEMPORARY CONSTRUCTION EASEMENT
330.13'
IMMOKALEE ROAD (C.R. 846) o
100' R\W
EXISTING R\W LINE__..__~.. PARCEL330' 113 o',~
' WEST 1/2, NORTHWEST 1/4,
NORTHWEST 1/4, NORTHWEST 1/4
SEC.28,TWP. 49S, RGE. 26 E.
I
I
I
DESCRIPTION (PARCEL 113) fee simple title
THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE WEST HALF
OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 16,507 SQUARE FEET OR .379 ACRES
DESCRIPTION (PARCEL713) temporary construction easement
THE SOUTH 25 FEET OF THE NORTH 175 OF THE WEST 50 FEET OF THE
EAST 165 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 1250 SQUARE FEET OR .029 ACRES
I
GENERAL
NOTES
P.O.B. = POINT OF BEGINNING PREPARED ...... DATE..
3) SEC. = SECTION GEORGE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
5) RGE, = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) R/W = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOTTO SCALE OCT. 16, 1998 IMRll3 SHEET 1 OF 1
MAY ? 5 !999
3301
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA
(941) 774-8192
3z~112
PROJECT NO. 6910:].
PROJECT PARCEL NO. 114
TAX PARCEL NO. 00,195040001
i
LEGAL_DESCRIPTION (NOT A SURVEY)
fee simple title
THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OFTHE EAST ONE HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 48 SOUTH, RANGE26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 12545 SQUARE FEET OR 0.288 ACRES MORE OR LESS.
PARCEL 114
PROFESSIONAL LAND SURVEYOR #2406
OFFICE OF CAPITAL PROJECTS ,
COLLIER COUNTY GOVERNMENT COMPLEX
5301 E TAMIAMI TRAIL NAPLES, FLORIDA .34112
330~
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA ,..34112
(941) 774-8192
PROJECT NO. 69101
PROJECT PARCEL NO. 115
TAX PARCEL NO. 0019548000]
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
THE SOUTH FIFTY (51)') FEET OF THE NORTIt 150 FEET OF THE WEST ONE HALF OF THE
NORTHEASTQUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 48 SOUTH, RANGE26 EAST, COLLIER COUNTY, FLORIDA.
CQNTAINING 12545 SQUARE FEET OR 0.288 ACRES MORE OR LESS.
PARCEL 115
PROFESSIONAL LAND SURVEYOR #2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY GOVERNMENT COMPLEX
3301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112
MAY ~ 5 1999
'3301
OFFICE OF CAPITAL PROJECTS
,LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO 69101
PROJECT PARCEL NO..:116
TAX PARCEL NO. 00195360008
i
fee simple title
THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE EAST ONE HALF OF THE
NORTHEASTQUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 48 SOUTH, RANGE26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 12545 SQUARE FEET OR 0.288 ACRES MORE OR LESS.
PARCEL 116
PROFESSIONAL LAND SURVEYOR #2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY GOVERNMENT COMPLEX
5301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112.
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192 NAY ~ 5 t999
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 69101
PARCEL NOS ........ 117 & 717
FOLIO NO....0 D.]-9.5 D.8 D.I/G 3, ......
330.13'
IMMOKALEE ROAD (C.R. 846)
100' R\W oo
WEST 1/2, NORTHWEST 1/4
NORTHEAST 1/4, NORTHWEST 1/4
SEC. 28, TWP. 48S, RGE 26E.
DESCRIPTION (PARCEL 117) fee simple title
THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE WEST HALF
OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 16,507 SQUARE FEET OR .379 ACRES
DESCRIPTION (PARCEL717) temporary construction easement
THE SOUTH TWENTY (20') FEET OF THE NORTH 170 FEET OF THE WEST
FORTY FIVE (45') OF THE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26EAST,
COLLIER COUNTY, FLORIDA.
CONTAINING 900 SQUARE FEET OR .021 ACRES
EXHIBIT
GENERAL NOTES ' , i' ~1
2,~) SEC. = SECTION ~ GEORGE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) RAN = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOTTO SCALE OCT. 16, 1998 IMRl17 SHEET 1 OF 1
MAY ? 5 l§gg
· 3301
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA
(941) 774-8192
34112
.LEGAL
DESCRIPTION
(.NOT A SURVEY)
PROJECT NO, 69101
PROJECT PARCEL NO. 11,8 .
TAX PARCEL NO... 00194840008
I
fee simple title
THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE EAST ONE HALF OF THE
NORTHWESTQUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 48 SOUTH, RANGE26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 12545 SQUARE FEET OR 0.288 ACRES MORE OR LESS.
PARCEL 118
Y~/~~R.'" RICHMOND /¢/~
..¢B-E.¢~13E DATE:... ~'
PROFESSIONAL LAND SURVEYOR #2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY GOVERNMENT COMPLEX
3301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112
MAY 2 5 !999
3301
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA
(941) 774-8192
54112
PROJECT NO. 6910],.
PROJECT PARCEL NO. .. 120
TAX PARCEL NO. 0019512000:2
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
THE SOUTH FIFTY (50') FEET OF TilE NORTH 150 FEET OF THE EAST ONE HALF OF THE
NORTHEASTQUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 48 SOUTH, RANGE26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 12545 SQUARE FEET OR 0.288 ACRES MORE OR LESS.
PARCEL 120
PROFESSIONAL LAND SURVEYOR #2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY GOVERNMENT COMPLEX
,3301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192 NAY 2 5 1999
SKETCH OF DESCRIPIION
NOT A SURVEY PROJECT NO ................ 69101
PARCEL NOS.122,722 & 722A
FOLIO NO ........... 00194800006
NORTHEAST CORNER
SEC. 28, TWP. 48,RGE. 26E,
COLLIER COUNTY, FLORIDA.
IMMOKALEE ROAD C.R. 846
(100' R\W)
i
N 89" 16' 32" W ........ 1.980..1~9_.:
PARCEL 122
!-~10' 961.79' ~1 75' "
352.5 352 '12o'
34'
,,' 1
~ z-PARCEL 722B ,,,
DESCRIPTION PARCEL 122: FEE S~MPLE
THE SOUTH 65 FEET OF THE NORTH 165 FEET OF THE WEST 352.56 FEET OF THE EAST 1980.89
FEET; AND THE SOUTH 50 FEET OF THE NORTH 150 FEET OF THE WEST 591.54 FEET OF THE EAST
1628.33 FEET; AND THE SOUTH 60 FEET OF THE NORTH 160 FEET OF THE WEST 961.79 FEET OF
THE EAST 1036.79 FEET; AND THE SOUTH 50 FEET OF THE EAST 75 FEET OF THE NORTHEAST
QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 113,951 SQUARE FEET OR 2.616 ACRES MORE OR LESS.
DESCRIPTION PARCEL 722A TEMPORARY CONSTRUCTION EASEMENT
THE SOUTH 55 FEET OF THE NORTH 205 FEET OF THE WEST 170 FEET OF THE EAST
1628.33 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 9350 SQUARE FEET OR .215 ACRES.
DESCRIPTION PARCEL 722B TEMPORARY CONSTRUCTION EASEMENT
THE SOUTH 20 FEET OF THE NORTH 170 FEET OF THE WEST 134 FEET OF THE EAST
684.44 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH,
RANGE 26 EAST,COLLIER COUNTY,FLORIDA.
CONTAINING 2680 SQUARE FEET OR .062 ACRES.
EXHiBiT -i
GENERAL NOTES ~ . ~ i ~' ~ ///
/
1) P.O.C. = POINT OF COMMENCEMENT
2~) SEC. [] SECTION GEORGE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) RNV = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOT TO SCALE OCT. 19, 1998 IMR122 SHEET 1 OF 1
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192 MAY
5 i~99
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO ....... 69101.
PARCEL NO ...... 127C1
FOLIO NO ..... 66262003685
fee simple title
COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID
SECTION 27 SOUTH 1 DEGREE 28 MINUTES 41 SECONDS EAST, A DISTANCE OF 150.12 FEET;
THENCE NORTH 89 DEGREES 10 MINUTES 56 SECONDS WEST, A DISTANCE OF 160.13 FEET
TO THE POINT OF BEGINNING; THENCE ALONG A LINE LYING 160 FEET WEST, AS
MEASURED PERPENDICULAR TO, SAID EAST LINE OF SECTION 27 SOUTH 1 DEGREE 28
MINUTES 41 SECONDS EAST, A DISTANCE OF 50.00 FEET; THENCE NORTH 57 DEGREES 49
MINUTES 50 SECONDS WEST, A DISTANCE OF 96.02 FEET; THENCE ALONG A LINE LYING
150 FEET SOUTH, AS MEASURED PERPENDICULAR TO, THE NORTH LINE OF AFORESAID
SECTION 27 SOUTH 89 DEGREES 10 MINUTES 56 SECONDS EAST, A DISTANCE OF 80.00
FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.046 ACRE
(1,998 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SAID
SECTION 27 BEING SOUTH 01 DEGREES 28 MINUTES 41 SECONDS EAST. PARCEL IR127C1
EXHIBIT
PROFESSIONAL LAND SURVEYOR-FL. REGi # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET 1 OF 2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
P.O.C.
NORTHEAST CORNER
SECTION 27
TOWNSHIP 48 SOUTH
RANGE 26 EAST ~
- .........................
IMMOKALEE ROAD I
S 89'10'56"E ~ I N 89.10.56,.W
96.02,
PEBBLEBROOKE ~ .'
EAST LINE SECTION 27
GENERAL NOTES ;'
1) P.O.C. = POINT OF COMMENCEMENT :1 E X HC~I B I T
2) P.O.B. = POINT OF BEGINNING
3) SEC. - SECTION ~ ~- ~-~_~ ~-~ ~ o~
4) TWP. - TOWNSHIP
5) RGE. = RANGE
6) R/VV = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOTTO SCALE OCT.28,199; IMR127Cl SHEET 2 OF 2
3301
OFFICE OF CAPITAL PROJECTS
(941) 774-8192
34112
PROJECT NO. 69101
PROJECT PARCEL NO. 128
TAX PARCEL NO. 00192920001
SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY)
fe~ simple title
COMMENCING AT THE NORTHWEST CORNER OF SECTION 26 TOWNSHIP 48 SOUTH
RANGE 26 EAST, COLLIER COUNTY, FLORIDA ALSO LYING ON THE NORTH RIGHT
OF WAY LINE OF IMMOKALEE ROAD (C.R.846); THENCE SOUTH 89 DEGREES 16
MINUTES 18 SECONDS EAST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE
OF 100.08 FEET; THENCE SOUTH 1 DEGREE 33 MINUTES 36 SECONDS EAST, A
DISTANCE OF 100.08 FEET TO THE SOUTH RIGHT OF WAY LINE OF
IMMOKALEE ROAD AND THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 16
MINUTES 18 SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE
OF 1220.60 FEET; THENCE SOWI~ 85 DEGREES 32 MINUTES 11 SECONDS WEST, A
DlSTANCE OF 276.2~ FEET; THENCE NORTH 89 DEGREES 16 NIINUTES 18 SECONDS
WEST, A DISTANCE OF 723.60 FEET; THENCE SOUTH 87 DEGREES 37 MINUTES 10
SECONDS WEST, A DISTANCE OF 220.73 FEET TO THE EAST RIGHT OF WAY LINE
QF A 100 FOOT CANAL EASEMENT; THENCE NORTH I DEGREE 33 MINUTES 41
SECONDS WEST ALONG SAID EAST LINE OF THE 100 FOOT CANAL EASEMENT A
DISTANCE OF 37.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT
CONTAINING 0.652 ACRE (28,384 SQUARE FEET), MORE OR LESS.
BASIS OF BEARINGS IS THE SOUTH RIGHT OF WAY LINE OF IMMOKALEE
ROAD BEING SOUTH 89 DEGREES 16 MINUTES 18 SECONDS WEST.
PARCEL 128
DRAWN BY:
CHECKED BY: SCALE: DA~'E:
G EbJ~C E R:
PROFESSIONAL ~ND SURV~OR ~2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUN~ GOVERNMENT COMPLEX
3301 E TAMIAMI TRAIL FLORIDA 34112
FILE NO,:
SHEET ~'.:~[F
OFFICE OF CAPITAL PROJECTS
5,501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54-112
(941) 774-8192
SKETCH OF DESCRIPTION
P.B,C, --
N.W. Corner
Sec. 26
.37.00'
.-_..,. IMMOKALEE RD. SR-846 (100' R/W)'
S. B9'16'18"E. 1220.60
S 87'37'10"W S 85'
· 220.73' N' ' 276.25'
z
~ CANAL
0oo' R/w)
N. Line N.W. 1
Sec. 26
N.89'16'18"W.
PARCEL 128
GENERAL NOTES
1) p,F1,C, indicates Point aP Commencement
8) P,O,B, indicates Point oF Beginning
3) Sec, indicates Section
4) Twp, Indicates Township
5) Rge, indica-t;es Range
6) R/V/ indicates Right-or-way
7) Att distances are In Peet and declMatS thereoP
8) Basis aP Bearings is the North R/~/ Line aP
Immokatee Road being S,89°16'18'E,
9) Not vatid unless signed and sealed with -the embossed
sec~[ oF the pr, oPesslonat rand surveyor
THIS IS ONLY A SKETCH
DRAWN BY: CHECKED BY:
SCALE: DATE: FILE NO.:
NOT TO 06-02-97 PR-1P8
SCALE
EXHIBIT
SHEET 2 OF 2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192 NAY 2
5 1999
LEGAL
DESCRIPTION
(NOT A SURVEY)
PROJECT NO ...... ..6..9.!.0.! ......................
PROJECT PARCEL NO .... .7,.2...8. ................
TAX PARCEL NO,....0..0.,.l.?.,~,..9..2...0..0...q~ ......
temporary construction easement
COlVl]VlENC~G AT THE NORTHAVEST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES 16 MINUTES 18
SECONDS EAST, ALONG THE NORTH LINE OF SAID SECTION 26, DISTANCE OF 300.00 FEET;
THENCE SOUTH 0 DEGREES 43 MINUTES 42 SECONDS WEST, A DISTANCE OF 126.41 FEET
TO THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 37 MINUTES 10 SECONDS
EAST. A DISTANCE OF 26.00 FEET; THENCE SOUTH 89 DEGREES 16 NflNU'~S 18 SECONDS
EAST. A DISTANCE OF 723.60 FEET; THENCE NORTH 85 DEGREES 32 lVlTNUTES 11 SECONDS
EAST. A DISTANCE OF 276.25 FEET; THENCE SOUTH 1 DEGREE 34 M]NUTES 27 SECONDS
EAST. A DISTANCE OF 38.03 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS
WEST A DISTANCE OF 426.02 FEET; THENCE SOUTH 0 DEGREES 43 NITNUTES 42 SECONDS
WEST A DISTANCE OF 39.00 FEET; THENCE NORTH 89 DEGREES 16 lVlINUTES 18 SECONDS
WEST A DISTANCE OF 512.98 FEET; THENCE SOUTH 48 DEGREES 48 MINUTES 04 SECONDS
WEST A DISTANCE OF 50.00 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS
WEST A DISTANCE OF 50.00 FEET; THENCE NORTH 0 DEGREES 43 NIINUTES 42 SECONDS
EAST A DISTANCE OF 64.78 FEET; THENCE SOUTH 89 DEGREES 16 MINUTES 18 SECONDS
WEST A DISTANCE OF 54.02 FEET; THENCE NORTH 0 DEGREES 43 MINUTES 42 SECONDS
EAST A DISTANCE OF 17.66 FEET; THENCE NORTH 87 DEGREES 37 MINUTES 10 SECONDS
EAST A DISTANCE OF 54.08 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT
CONTAINING 0.998 ACRE (43,466 SQUARE FEET), MORE OR LESS.
BASIS OF BEARINGS IS TIlE NORTll LINE OF SECTION 26 BEING S 89°16'18'' E.
PARCEL 728
EXHIBIT I ,~
/GEORGE R. RICHMOND
PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET 1 OF 2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3~[1~2 § 1999
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
P.O.(:;.
N.W. CORNER SEC.26,
Tw.. 4SS,R~E. 2SE. IMMOKALEE ROAD (C.R.846)
] S 89°16'18"E
: ' S 0°43'4~N N 87°37'10"E
~--~ LLII I 126'41~----''
~ ,~___26.00' ~.,PARCEL 128
~ = ~[ N87'3T10"E~"~J.'f"-- S~9'2~E "' · N,8
~ ~ .~.0~;' ~~ P.O.". 749.56' L N89 1~18~ 428.05
N 0'~42'~ ~ ~1 _ ~ N 89'I~18'W
~ ~ 17,66' / ~1 ~ 5 512.98' .S0'~'4~ Sl'34'2TE
~ 5~02'
~- ~ ~~U~_~~ -- PARCEL 728
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING ' EX HIBI'~
3)
SEC.
SECTION
, , ~ ......
4) ~P. = TOWNSHIP '
5) RGE, = RANGE
6) Rm = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
a) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR
DRAWN BY CHECKED BY ~ALE DATE FILE NO.
NOT TO SCALE SHEET 2 OF
Item #8B2
May 25, 1999
RESOLUTION 99-250 RE THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION
OF FEE SIMPLE TITLE INTERESTS FOR CONSTRUCTION OF THE INITIAL TWO-LANE
ROADWAY IMPROVEMENTS FOR LIVINGSTON ROAD FROM IMMOKALEE ROAD (C.R.
846) TO A POINT 0.5 MILES SOUTH OF THE LEE/COLLIER COUNTY LINE
8 (B) (2) .
COMMISSIONER NORRIS:
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Okay. Then when we come back from lunch, we
can start with 8(B) (3) o I can't seem to read the clock. What time --
we'll come back at 1:30, an hour and 15 minutes.
COMMISSIONER BERRY: That's fine.
CHAIRWOMAN MAC'KIE: Come back at 1:30.
Luncheon recess.
Motion to approve.
Second it.
Ail in favor, say aye.
Page 55
RESOLUTION NO. 99- ~§0
A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT,
PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS FOR
CONSTRUCTION OF THE INITIAL TWO-LANE ROADWAY IMPROVEMENTS
FOR LIVINGSTON ROAD FROM IMMOKALEE ROAD (C. R. 846) TO A POINT
0.5 MILES SOUTH OF THE LEE/COLLIER COUNTY LINE, CIE PROJECT NO.
21.
WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted Ordinance
No. 97-55 therein establishing the 1997 (Seventh Annual) 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. The Transportation Element of the County's
Comprehensive Plan was adopted in Ordinance No. 97-62; and
WHEREAS, the initial two-lane improvements to Livingston Road from Immokalee Road (C.
R. 846) to a point 0.5 miles south of the Lee/Collier County Line (hereinafter referred to as Segment
A), is one of the capital improvement projects required under the Transportation Element of the
County's Comprehensive Plan; and
WHEREAS, the Board of County Commissioners, on May 19, 1998, adopted Resolution No.
98-165 authorizing the County staff to acquire by gift or purchase certain easements and/or fee simple
title to the property and property interests required and necessary for the initial two-lane roadway
improvements of Livingston Road from Immokalee Road (C. R. 846) to the Lee/Collier County Line,
which is inclusive of Segment A; and
WHEREAS, the location for construction of the proposed Segment A improvements has been
fixed by design and permitting and is collectively represented by the legal descriptions comprising
Exhibit "A" attached hereto and incorporated herein.
WHEREAS, after consideration of the availability of alternate routes and locations, the
comparative costs of project alternatives, various impacts upon the environment, long range planning
options, and public safety considerations, the Board desires to exercise its right to condemn property
for Segment A for public purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board
that the construction of the Segment A two-lane roadway for Livingston Road from Immokalee Road
(C. R. 846) to a point 0.5 miles south of the Lee/Collier County Line, is necessary and in the public's
best interest in order to protect the health, safety and welfare of the citizens of Collier County.
AND IT IS FURTHER RESOLVED that construction of the Segment A roadway is part of
the County's long range planning effort, and is included in the Transportation Element of the County's
Page 1
MAY 2 5 1999
Comprehensive Plan for Growth Management, as approved by the Florida Department of Community
Affairs.
AND IT IS FURTHER RESOLVED that the County staff has reviewed alternative locations
for the Segment A roadway, various impacts to the environmental, public safety and welfare
considerations associated with the design and construction of the project, and the costs associated
with the design, property rights acquisition, and construction of the project; and the Board finds that
after consideration of these issues, the most feasible location for construction of the proposed
Segment A roadway improvements is collectively represented by the legal descriptions comprising
Exhibit "A" attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that in order to construct the Segment A roadway as
designed and permitted, it is necessary for the Board to acquire the various fee simple title interests
described Exhibit "A".
AND IT IS FURTHER RESOLVED that all property shall be put to public purposes.
AND IT IS FURTHER RESOLVED that the County staffis hereby authorized to immediately
acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and
127, Florida Statutes, the above-referenced real property interests for Segment A as more particularly
described in Exhibit "A", attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought
to be acquired and therefore it will not be necessary to remove any mobile homes from the property to
be acquired.
This Resolution adopted on
second and majority vote.
day of ~
· 1999· after motion,
ATTEST: :
DWIGHT E. BROCK, CLERK
: 2' ,! i:"';I~:~'~ '):' '" ~ , Clerk.
~&tu~e 'o/nlX/.:~: 7,, ,, L .::
" ~ . ' -.~. 2: . L.~ .',~ ,
Hhi~F:XFhton '
Assistant County' Attorney
BOARD OF COUNTY COMMISSIONERS
By:OF~o~MAN
Page 2
Hole, Montes & Associates, Inc.
Engineers / Planners I Surveyors
Folio #00163520003
FEE SIMPLE
'w',
PARCEL 83-T
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 24,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE'SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00°43'01'' W.,
ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTANCE OF 2667.24 FEET.TO THE SOUTHEAST CORNER OF THE NORTHEAST
1/4 OF SAID SECTION 24 AND THE POINT OF BEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED; THENCE RUN S. 88°31'07'' W., ALONG THE SOUTH
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF
275.02 FEET TO A POINT 275.00 FEET WESTERLY OF, AS MEASURED AT
RIGHT ANGLES TO, THE EAST LINE'OF THE SOUTHEAST 1/4 OF SAID SECTION
24; THENCE RUN N. 00°43'01'' E., PARALLEL WITH THE EAST LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 3.98 FEET TO A
POINT 275.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE
EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN
N. 00035'09'' W., PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4
OF SAID SECTION 24, FOR A DISTANCE OF 994.11 FEET TO A POINT ON THE
NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST
1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN
N. 88o27'02'' E., ALONG SAID NORTH LINE, FOR A DISTANCE OF 275.04
FEET TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE NORTHEAST 1/4
OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24;
THENCE RUN S. 00035'09'' E., ALONG THE EAST LINE OF THE NORTHEAST
1/4 OF SAID SECTION 24, FOR A DISTANCE OF 998.42 FEET TO THE POINT
OF BEGINNING, CONTAINING 6.30 ACRES, MORE OR LESS.
BEARINGS REFER TO AN ASSUMED BEARING OF S. 00°43'01'' E. ALONG THE
EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/14/91
HOLE, MONTES. & ASSOCIATES, INC.
BY P.L.S. #3741
J. Gar~is State of Fla.
715 Tenth St. South
P.O. Box 1586
Naples, FL 33939
(813) 262-4617
FAX (813) 262.3074
E] 6202-F Presidential Court
Fort Myers, FL 33919
(813) 481-7874
FAX (813) 481-1015
-t-p- , :'
E] 10550 Abernathy Street
Bonita Sprfngs, FL 33923
(813) 992-0795
FAX (813) 992-2327
~-} 0' 100' 200' 300'
I.~ SCALE
m ~ ll0'FPAL EASEHENT O.R.166. PG.tS5~ , ~
~ 125'FP&L ;ASENENT. O.R.,t0. PG.9/t~
~ . ~3o~w N00'35'09'W gg& 11'
SOUTHEAS* CORNER. ~ 83T ~ E
30 q: 19
SEC.=~-~S-~S 'NOT A SURVEY'
NFO 0CT.1990
SKETCH ~Aw.
TO ACCOHPANY LEGAL DESCRIPTION ' TJ6 0CT.1990
U/ HOLE, MONTES · ASSOCIATES C,v, NoSmON ROAD
~~~~ ENGINEERS - P~N[~ - SUW~ORS PARCELA 83T PROJ~T .O.
~ ~~~ ~ NAPES - FO~ MYERS - BONITA SPRINGS SECTION 2~ TWP.~8S. RNG.25E
1 REVISED LEGAL DESCRIPTION 211191 B--9~
~o55o ASERNATHY ST. 8GreTA sPmNGS, rC ~3~23 COLLIER COUNTY FLORIOA D,AW~N~ NO,
~REV. · DESCRIPTION DATE
FEE SIMPLE
Hole, Montes & Associates, Inc.
Engineers / Planners / Surveyors
Folio #00163560005
MAY 2 5 199g
PARCEL 84-T
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 24,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00°43'01'' W.,
ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTANCE OF 2667.24 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST
1/4 OF SAID SECTION 24; THENCE RUN N. 00035'09'' W., ALONG THE EAST
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF
1331.23 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24 AND ~HE POINT
OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN
S. 88°25'41'' W., ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTANCE OF 275.04 FEET TO A POINT 275.00 FEET WESTERLY OF, AS
MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST 1/4 OF
SAID SECTION 24; THENCE RUN N. 00°35'09'' W., PARALLEL WITH THE EAST
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF
665.40 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF
THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE
RUN N. 88022'58'' E., ALONG SAID NORTH LINE, FOR A DISTANCE OF
275.04 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF.SAID SECTION 24; THENCE RUN
S. 00035'09'' E., ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTANCE OF 665.62 FEET TO THE POINT OF BEGINNING, CONTAINING 4.20
ACRES, MORE OR LESS.
BEARINGS REFER TO AN ASSUMED BEARING OF S. 00°43'01'' E. ALONG THE
EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENT~, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/01/91
HOLE, MONTES & ASSOCIATES, INC.
BY
Thomas J. ~C~rris
P.L.S. #3741
State of Fla.
715 Tenth St. South
RO. Box 1586
Naples, FL 33939
(813) 262-4617
FAX (813) 262-3074
6202-F Presidential Court
Fort Myers, FL 33919
(813) 481-7874
FAX (813) 481-1015
10550 Abemathy Street
Bonita Springs, FL 33923
(813) 992-0795
FAX (813) 992-2327
0' 100' 200' 300' /.00'
SCALE
I
I
I
I 107
I
I
I
I
'30'RIW & DRAINAGE E_ASEMENT
I
' ~'/~'O'R'S33' PG.963N00.36.01.Wi 665.09' % -- ---I
I
~ ~ . ~ *
72 '~zI ~ 'FP&L EASEMENT 0.R.166, PG.'85~ ~1~ ~
~s ~ ~oo'~3'o~'w ~ I~s.~2'
5OUTHEAST CORNER SEC.2~--~8--25
I
sEc.2~-~e-25
'NOT A SURVEY'
NFO OCT. 19g0
SK
TO ACCOHPANY LEGAL DE~CRIPTIO~ TJ6 0CT.1990
~~--~~.& HOLE, MONTES · ASSOCIATES LIVINGSTON ROAD CH.KEDpY: gATE
REVISED LEGAL DESCRIPTION 2/1/91' ~ ~~~ ~ NAPLES - ~ORT MYERS - BONITA SPRINGS SECTION 24 TWP.485, RNG. 25E
B--946
10550 ABERNATHY ST. BONITA SPRINGS. FL 33923 ~0L~IER CO UNTY FLORIDA 9~AW~N~ NOt
DESCRIPTION DATE
FEE SIMPLE
Hole, Montes & Associates, Inc.
Engineers / Planners / Surveyors
Folio #00164800007
REVISED
PARCEL l16-T
MAY 2 5 1999
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 24,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00°43'01'' W.,
ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTANCE OF 2667.24 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST
1/4 OF SAID SECTION 24, THENCE RUN N. 00°35'09'' W., ALONG THE EAST
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF
1996.86 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/~ OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF'THE NORTHEAST 1/4 OF SAID
SECTION 24 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE RUN S. 88o22'58'' W., ALONG THE SOUTH LINE OF THE
SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 275.04 FEET TO
A POINT 275.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO,
THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN
N. 00o35'09'' W., PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4
OF SAID SECTION 24, FOR A DISTANCE OF 332.70 FEET TO A POINT ON THE
NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST
1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN
N. 88o21'35'' E., ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 24, FOR A DISTANCE OF 275.04 FEET TO THE NORTHEAST CORNER
OF THE SOUTH 1/2 OF T,~E NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN S. 00o35'09'' E., ALONG
THE EAST LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTANCE OF 332.81.FEET TO THE POINT OF BEGINNING, CONTAINING 2.10
ACRES, MORE OR LESS.
BEARINGS REFER TO A~ ASSUMED BEARING OF S. 00°43'01'' E. ALONG THE
EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/01/91
HOLE, MONTES & ASSOCIATES, INC.
· G~rris State of Fla.
715 Te~th St. South
RO. Box 1586
Naples, FL 33939
(813) 262-4617
FAX (813) 262-3074
6202-F Presidential Court
Fort Myers, FL 33919
(813) 481-7874
FAX (813) 481-1015
[] 10550 Abemathy Street
Bonita Springs, FL 33923
(813) 992-0795
FAX (813) 992-2327
I
iEV.~I
25
107
30'R/W & DRAINAGE EASEMENT
N00'36'01'W/ O.R. 533. PG.g63
......
z
~eJI ~1 ~125'~PAL EASEMENT, '~ ~
~ O.R.460. PG.728~ ~
SOUTHEAST CORNER. EAST I1~ CORNER. ~ o '~ ~ Z
.SEC.2~--~8--25 I SEC. 2&--48--25 ~ ~ ~ ~z
N00',3'01'W ~ ~
'19 ~ o--;~ ~ S00'35'09'E 665.62'
EAST LINE.Sll2. NElll, NEIli, NElll, SEC. 21--18--2~
13
18
N ' 0
0' 100'
{
REVISED LEGAL DESCRIPTION
DESCRIPTION
HOLE, MONTES &: ASSOCIATES
ENGINEERS - PLANNERS - SURVEYORS
NAPLES - FORT MYERS - BONITA SPRINGS
10550 ABERNATNY ST. BONITA SPRINGS. FL 33923
200' 300' &00'
SCALE
SKETCH
TO ACCOMPANY LEGAL DESCRIPTION
LIVINGSTON ROAD
PARCEL# 116T
SECTION 24 TWP./,8S, RNG.25E
;QLI~IER COUNTY FLORIDA
'NOT A SURVEY-',
MFO OCT.lggu
DRAWN 0Y: DATEi
TJG OCT.lgg0
CHECKED ~Y: ~IAT~i
85.311
PROJECT
B--g47'
DRAWING NOI
FEE SIMPLE
Hole, Montes & Associates, Inc.
Engineers / Planners / Surveyors
Folio #00164440001
REVISED
PARCEL 107-T
MAY 2 5 1999
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 24,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00°43'01'' W.,
ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTANCE OF 2667.24 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST
1/4 OF SAID SECTION 24; THENCE RUN N. 00035'09'' W., ALONG THE EAST
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF
2329.67 FEET TO THE SOUTHEAST CORNER OF THE NORTH 1/~ OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF' THE NORTHEAST 1/4 OF SAID
SECTION 24 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE RUN S. 88021'35'' W., ALONG THE SOUTH LINE OF THE
NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 275.04 FEET TO
A POINT 275.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO,
THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN
N. 00035'09'' W., PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4
OF SAID SECTION 24, FOR A DISTANCE OF 332.70 FEET TO A POINT ON THE
NORTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST
1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN
N. 88°20'15'' E., ALONG THE NORTH LINE OF THE NORTH 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 24, FOR A DISTANCE OF 275.04 FEET TO THE NORTHEAST CORNER
OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN S. 00035'09'' E., ALONG
THE EAST LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTANCE OF 332.81.FEET TO THE POINT OF BEGINNING, CONTAINING 2.10
ACRES, MORE OR LESS.
BEARINGS REFER TO A~ ASSUMED BEARING OF S. 00°43'01'' E. ALONG THE
EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/01/91
HOLE, MONTES & ASSOCIATES, INC.
· Thomas J. s State of Fla.
[] 715 Tenth St. South
RO. Box 1586
Naples, FL 33939
(813) 262-4617
FAX (813) 262-3074
6202oF Presidential Court
Fort Myers, FL 33919
(813) 481-7874
FAX {813) 481-1015
10550 Abemathy Street
Bonita Springs, FL 33923
(813) 992-0795
FAX (813) 992-2327
0' 100' 200' 300' ~.00'
I 107
I
I
I
; 30'RIW EASEMENT O.R.3g0. PG._t'O~_t
I .,; ,.,.t.. ~-110'FP&L EASEMENT ~m
84 I 116~-I- :
; ~ 332.70' /~ ~ ~
30 le '~ ~~ poe~',S00.35'0g'E ~
~SOUTHEAST CORNER. EAST 11~ CORNER. x~ 332.81' lg 18
SEC.24--~8--25 S~C.2~--~--25 .EAST LINE. Nll2, NEII~. NEII~.
SEC.24--~8--25
'NOT A SURVEY'
SKETCH NFO 0CT.1990
DRAWN BY: GATE
U~~ HOLE, MONTES A ASSOCIATES TO ACCO.PANY LEOAL OESCRIP~ION TJ~ OCT.~9~0
· ~ ~ ~ LIVINGSTON ROAD c.~Eo ~Y: DATE
1 REVtSEG LEGAL DESCRIPTION 211191 ~ ~ ~ ~ ~ NAPLES - FORT MYERS - BONITA SPRINGS SECTION 2A TWP.48S. RNG.25E
B --9~8
REV.~; DESCRIPTION DATE 10550 ABERNATHY ST. BONITA SPRINGS. FL ~923 COLLIER CO UN TY FL ORIOA
FEE SIMPLE
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341
(941) 774-8192
5 1999
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO ......... ~,.~..~..(,,Z.....'fit:./. ...........
PROJECT PARCEL NO....I.~....-...~....~.. .....
TAX PARCEL NO .....................................
~o~,~o #oo~5o4~ooo4
BEGIN AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA; THENCE SOUTH 88° DEGREES, 20 MINUTES, 15 SECONDS
WEST ALONG THE SOUTH LINE OF SECTION 13 A DISTANCE OF 275.05 FEET;; THENCE
NORTH 0 DEGREES 35 MINUTES 09 SECONDS WEST, A DISTANCE OF 5.31 FEET; THENCE
NORTH 0 DEGREES 31 MINUTES 37 SECONDS WEST, A DISTANCE OF 449.90 FEET TO THE
POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A
RADIUS OF 1772.36 FEET AND A CENTRAL ANGLE OF 7 DEGREES 00 MINUTES 00 SECONDS;
THENCE NORTH ALONG SAID CURVE, A DISTANCE OF 216.53 FEET; THENCE NORTH 88
DEGREES 22 MINUTES 40 SECONDS EAST, A DISTANCE OF 276.27 FEET TO THE POINT OF
CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF
2047.36 FEET, A CENTRAL ANGLE OF 6 DEGREES 12 MINUTES 16 SECONDS, AND A CHORD
OF 221.60 FEET BEARING SOUTH 3 DEGREES 37 MINUTES 47 SECONDS EAST; THENCE
SOUTH ALONG SAID CURVE, A DISTANCE OF 221.71 FEET; THENCE SOUTH 0 DEGREES 31
MINUTES 37 SECONDS EAST ALONG THE EAST LINE OF SAID SECTION 13, A DISTANCE OF
449.76 FEET TO THE POINT OF BEGINNING.
CONTAINING 184,691 SQUARE FEET OR 4.240 ACRES.
PREPARED
~'1~'1~ R. RICHMOND
PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET 1 OF 2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL . NAPLES, FLORIDA 34~1~
(941) 774-8192
5 1999
SKETCH OF DESCRIPTION
NOT A SURVEY
c~
F-
Z
UJ
N 0°35'09"W
5.31'
GENERAL NOTES
1) P,O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION Curve Delta Angle
4) TWP. = TOWNSHIP I 7°00'00.'
5) RGE. = RANGE 2 6°12'16"
6) R/W = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
BY CHECKED BY SCALE DATE
NOT TO SCALE OCT. 23, 1998
88°22'40.0"E
276.27'
12.00'
"~ S 88°20'15.0"W
', ,275.05,
P.O.B.
SOUTHEAST CORNER OF SECTION 13,
TOWNSHIP 48 SOUTH,RANGE 25 EAST.
Radius Arc Tangent Chord
1772.36 216.53 108.40 216.40
2047.36 221.71 110.96 221.60
FILE NO.
LIV45T
Chord Beadng
N 4°01'37" W
S 3°37'47'' E
SHEET 2 OF 2
FEE SIMPLE
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192 NAY 2
5 1999
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO ............... .~,....~...~.....4j. [. ......
PROJECT PARCEL NO...!..,~,.,-,,.7..~, ........
TAX PARCEL NO .....................................
~o,,~o ~oo~,~o~o5
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA; 1'HENCE NOI;JrH 0 DEGREES 31 MINUTES 37
SECONDS WEST, ALONG THE EAST L1NE OF SAD SECTION 13 A DISTANCE OF 671.26 FEET;
THENCE SOUTH 88 DEGREES 22 MINUTES 40 SECONDS WEST, A DISTANCE OF 12.00 FEET
TO THE POINT OF BEGINNING; THENCE CONT1NUE SOUTH 88 DEGREES 22 MINUTES 40
SECONDS WEST A DISTANCE OF 276.27 FEET TO THE POINT OF CURVATURE OF A NON-
TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 1772.36 FEET, A
CENTRAL ANGLE OF 22 DEGREES 53 MINUTES 41 SECONDS, AND A CHORD OF 703.51 FEET
BEARING NORTH 18 DEGREES 58 MINUTES 27 SECONDS WEST; THENCE NORTH ALONG
SAID CURVE, A DISTANCE OF 708.22 FEET; THENCE NORTH 88 DEGREES 25 MINUTES 03
SECONDS EAST, A DISTANCE OF 307.78 FEET TO THE POINT OF CURVATURE OF A NON-
TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 2047.36 FEET, A
CENTRAL ANGLE OF 19 DEGREES 31 MINUTES 55 SECONDS, AND A CHORD OF 694.56 FEET
BEARING SOUTH 16 DEGREES 29 MINUTES 51 SECONDS EAST; THENCE SOUTH ALONG
SAID CURVE, A DISTANCE OF 697.94 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED
TRACT CONTAINING 4.436 ACRES (193,231 SQUARE FEET), MORE OR LESS.
/GEORGE R, RICHMOND
PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
PUBLIC WORKS ENGINEERING DEPT,
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET 1 OF 2
!$-70
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL . NAPLES, FLORIDA 34112
(941) 774-8192 MAY ? 5 1999
SKETCH OF DESCRIPTION
NOT A SURVEY
L iN 88o25,03. E N 88°25'03"E
III m Ii i
I ~ i ~.
, S 88°22'40"W
270.27'
S 88°22'2g~1 .
12.00'
P.O.C.
SOUlH£ASl CORNER OF SEClION '13, x
TOWNSHIP 48 SOUTH. RANGE 25 EAST.
Curve Delta Angle Radius Arc Tangent Chord Chord Bearing
1 22°53'41" 1772.36 708.22 358,90 703.51 N 18'58'27" W
2 19°31'55" 2047.36 697.94 352.39 694.56 S 16°29'51" E
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P,O,B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) RAN = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOT TO SCALE OCT,23,1998 LIV45TN SHEET 2 OF 2
FEE SIMPLE
Hole, Montes & Associates, Inc.
Engineers / Planners I Surveyors
Folio #00148480003
PARCEL 2-T
MAY ? 5 !999
A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 13,
TOWNSHIP 48 sOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY. DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00031'37'' W.,
ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A
DISTANCE OF 1342.53 FEET, TO THE SOUTHEAST CORNER OF THE NORTHEAST
1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN
S. 88025'03'' W., ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 13, 'FOR A DISTANCE OF 203.13 FEET TO
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DRSCRIBED;
THENCE CONTINUE S. 88025'03'' W., ALONG SAID SOUTH LINE, FOR A
DISTANCE OF 307.78 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO
THE SOUTHWEST, WHOSE RADIUS POINT BEARS S. 59034'42'' W. A DISTANCE
OF 1772.36 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC
OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH
A CENTRAL ANGLE OF 30053'23'', SUBTENDED BY A CHORD OF 944.00 FEET,
AT A BEARING OF N. 45051'59'' W. FOR A DISTANCE OF 955.53 FEET TO
THE END OF SAID CURVE; THENCE RUN N. 61°18'41'' W. FOR A DISTANCE OF
165.15 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 00°34'14'' W., ALONG
SAID WEST LINE, FOR A DISTANCE OF 315.22 FEET; THENCE RUN
S. 61°18'41'' E. FOR A DISTANCE OF 319.22 FEET TO THE BEGINNING OF
A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE SOUTHWEST; THENCE RUN
SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 2047.36 FEET, THROUGH A CENTRAL ANGLE OF 35°02'53'',
SUBTENDED BY A CHORD OF 1232.95 FEET, AT A BEARING OF
S. 43°47'14'' E., FOR A DISTANCE OF 1252.38 FEET, TO THE END OF SAID
CURVE AND THE POINT OF BEGINNING, CONTAINING 8.50 ACRES, MORE OR
LESS.
BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF
N. 00031'37'' W. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION
13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/01/91
HOLE, MONTES & ASSOCIATES, INC.
BY iP'L.S. #3741
Thomas J. ~arris S%ate of Fla.
715 Tenth St. South
RO. Box 1586
Naples, FL 33939
(813) 262-4617
FAX (813) 262-3074
I-1 6202-F Presidential Court
Fort Myers, FL 33919
(813) 481-7874
FAX (813) 481-1015
[] 10550 Abernathy Street
Bonita Springs, FL 33923
(813) 992-0795
FAX (813) 992-2327
19'18 N00'31'37'W 13/.2.S3'
--k I
N0 0'3/,'1/.'W
WEST LINE. NE1/&. SEll& SEC.13--&8--257 .~,,~5 22'
'10' ROADWAY EASEMENT N§I 1~41'W~'/ '~ ~
R=,772.3e' ~l ~ //-~' =
C=g~A.00' . '~
~[I / / ~;~fs~38' ·
SOUTH LINE. ' ~ ~ ~1~_ ~E~. '
P~II ~25~FP&L EASEHEN~ ~ ~
0' 250'
500' 750' 1000'
III I
SCALE
HOLE, MONTES &: ASSOCIATES
ENGINEERS - PLANNERS - SURVE'YORS
NAPLES - FORT MYERS - BONITA SPRINGS
10550 ABERNATHY ST. 6ONITA SPRINGS, FL 33923
'NOT A SURVEY~
SKETCH
TO ACCONIPANY LEGAL DESCRIPTION
LIVINGSTON ROAD
PARCEL# 2T
SECTION 13 TWP./.8S. RNG.25E
;OLLIER COUNTY FLORIDA
NIF000T. lgg0
DRAWN I~Y: DATE
TJG OCT.lg90
:H ECK ED ~Y: ~)ATE
85.31
ROJECT NO.
8--950
3RAWlNG NO.
FEE SIMPLE
H{BIT
MAY ? 5 1 99
Hol~ Montes & Associates, Inc. REVISED
En~neers / Planners / S~veyors PARCEL 41-T
Folio 900150320009
A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15'' W.,
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR
A DISTANCE OF 1325.08 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST
1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN
N. 00°34'14'' W., ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 1344.36 FEET TO
THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
SAID SECTION 13; THENCE CONTINUE N. 00°34'14'' W., ALONG'THE EAST
LINE OF THE NORTHWEST 1/4 OF THE SOUTHE'AST 1/4 OF SAID SECTION 13,
FOR A DISTANCE OF 759.17 FEET TO THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N. 61°18'41'' W. FOR A
DISTANCE OF 609.04 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURVE, CONCAVE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY ALONG THE
ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET,
THROUGH A CENTRAL ANGLE OF 13004'37'', SUBTENDED BY A CHORD OF
466.26 FEET, AT A BEARING OF N. 54046'23'' W., FOR A DISTANCE OF
467.28 FEET TO THE END OF SAID CURVE AND A POINT ON THE NORTH LINE
OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13;
THENCE RUN N. 88°29'51'' E., ALONG THE NORTH LINE OF THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF
444.75 FEET, TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE
NORTHEAST, WHOSE RADIUS POINT BEARS N. 31°14'13'' E. A DISTANCE OF
1772.36 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID'CURVE
TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL
ANGLE OF 02032'54'', SUBTENDED BY A CHORD OF 78.83 FEET, AT A
BEARING OF S. 60°02'14'' E. FOR A DISTANCE OF 78.83 FEET TO THE END
OF SAID CURVE; THENCE RUN S. 61°18'41'' E. FOR A DISTANCE OF 454.98
FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SA~D SECTION 13; THENCE RUN S. 00°34'14'' E., ALONG
THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID
SECTION 13, FOR A DISTANCE OF 315.22 FEET TO THE POINT OF
BEGINNING, CONTAINING 5.13 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO AN ASSUMED ·BEARING OF
S. 88°20'15'' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF
SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORI DA ·
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/01/91
HOLE, MONTES & ASSOCIATES~ INC.
P.L.S. #3741
State of Fla.
[] 715 Tenth St. South
RO. Box 1586
Naples, FL 33939
(813) 262-4617
FAX (813) 262-3074
[3 6202-F Presidential Court
Fort Myers, FL 33919
(813) 481-7874
FAX (813) 481-1015
[] 10550 Abernathy Street
Bonita Springs, FL 33923
(813) 992-0795
FAX (813) 992-2327
O' 250' 500' 750' lO00'
SCALE
I
' I '
2~_A.D_3~._'LF""N°°'36's°'w ,3,.6.2o'--j ~
2~113 --
13-~ 3
~ I=~ ~=13'0~'37~ ~ ~ ,
~1~ CB=N5~'~6'23'W ~ ~'~ I
I ~ ~' /~ =__L_
~11. R=1772.36' f/ 4 ~
~ =78.83 ~ ~ ~
I~ / ~ Noo'3~'~w 13~,3~'
-
'NOT A SURVEY'
SKETCH MFO 0CT.19g0
~AWN BY: DATE
U~~ HOLE, MONTES a ASSOCIATES TO ACCOHPANY LEGAL DESCRIPTION TJO OCT. lgg0
e ..... LIVINGSTON ROAD CHECKED ?Y: [DATE
~~~~ [NGINE[RS- P~NN~RS- SURV~ORS PARCEL" 'IT PROJ~TNO. 85.31
REVISED LE6AL DESCRIPTION 211/~,1 ~ ~ ~ ~1 ~ NAPLES - FORT MYERS - BONITA SPRINGS SECTION ~3 TWP.&SS, RNG. 25E
0ESCRIPTION DATE 10550 ASERNATMY ST. 80NfrA SP~N6S. FC 3~23 COLLIER COUNTY FLORIOA DRAW~N~ NO. B--951
FEE SIMPLE
Hole, Montes & Associates, Inc.
Engineers / Planners / Surveyors
Folio #00148080005
E(HIBIT
PARCEL 1-T
1999
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 13,
TOWNSHIP 48 sOUTH', RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15'' W.,
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR
A DISTANCE OF 2650.16 FEET, TO THE SOUTHWEST CORNER OF THE
SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 00036'50'' W., ALONG
THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A
DISTANCE OF 2692.40 FEET, TO THE SOUTHWEST CORNER OF THE NORTHEAST
1/4 OF SAID SECTION 13; THENCE RUN N. 88°29'51'' E., ALONG ~HE SOUTH
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF
663.53 FEET TO THE SOUTHWEST CORNER OF THE WEST 1/2 OF THE
SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE RUN N. 00035'40'' W., ALONG THE WEST LINE OF THE
WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST
1/4 OF SAID SECTION 13, FOR A DISTANCE OF 146.36 FEET, TO A POINT
ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, WHOSE RADIUS POINT
BEARS N. 39009'33'' E. A DISTANCE OF 1772.36 FEET THEREFROM; THENCE
RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING
A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 07055'20'',
SUBTENDED BY A CHORD OF 244.86. FEET AT A BEARING OF
S. 54048'07'' E., FOR A DISTANCE OF 245.06 FEET TO THE END OF SAID
CURVE AND A POINT ON THE SOUTH LINE OF THE WEST 1/2 OF THE
SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 13; THENCE RUN S. 88°29'51'' W., ALONG SAID SOUTH LINE, FOR
A DISTANCE OF 198.64 FEET TO THE POINT OF BEGINNING, CONTAINING
0.32 ACRE, MORE OR LESS..
BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF
S. 88°20'15'' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF
SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/07/91
HOLE, MONTES & ASSOCIATES, INC.
P:'L. S. #3741
~State of Fla.
[] 715 Te~th St. South
RO. Box 1586
Naples, FL 33939
(813) 262-4617
FAX (813) 262-3074
[] 6202-F Preslderttlal Court
Fort Myers, FL 33919
(813) 481-7874
FAX (813) 481-1015
[] 10550 Abemathy Street
Bonita Springs, FL 33923
(813) 992-0795
FAX (813) 992-2327
SOUTH llZ. CORNER,
SEC.13--z. 8--25
2/, ! 1~3 1N00°36'50"W
-~-~--'" i, ~§92.40
I
68 I 52
SOUTHWEST CORNER[ NEll4.
SEC.13--Z, 8--25 I
~zl
SOUTHWEST CORNER, ~
~ W1/2. SE~/~, S'WlI~, NEI/~,
~ SEC.13--~8--25
POB
56
56--1
Z
SOUTHEAST CORNER,
5EC.13--/.8--25
REVISED LEGAL DESCRIPTION
DESCRIPTION
O' 100' 200' 300' ~00'
SCALE
HOLE, MONTES & ASSOCIATES
ENGINEERS - PLANNERS - SURVEYORS
NAPLES - FORT MYERS - BONITA SPRINGS
10550 ABERNATHY ST. 8ONITA SPRINGS. FL 33923
SKETCH
TO ACCOMPANY LEGAL BESCRIPTION
LIVINGSTON ROAD
PARCEL# l'r
SECTION 13 TWP./,85, RNG.25E
:OLLIER COUNTY FLORIDA
'NOT A SURVEY'
MFO 0CT,1990
)RAWN BY: DATE
TJG 0CT.1990
H ECKEO BY: DATE
85.31
='RD J ECT NO.
B--952
IRAWINO NOI
FEE SIMPLE
Hole, Montes & Associates, Inc.
Engineers / Planners I Surveyors
Folio #00150040004
REVISED
PARCEL 34-T
MAY 5 1999
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
OF SECTION 13,
FLORIDA, BEING
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15'' W.,
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR
A DISTANCE OF 2650.16 FEET, TO THE SOUTHWEST CORNER OF THE
SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 00036'50'' W., ALONG
THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A
DISTANCE OF 2692.40 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST
1/4 OF SAID SECTION 13; THENCE'RUN N. 88°29'51'r'E., ALONG THE SOUTH
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF
417.42 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE
NORTHEAST, WHOSE RADIUS POINT BEARS N. 41045'56'' E. A DISTANCE OF
2047.36 FEET THEREFROM, AND THE POINT OF BEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET, THROUGH
A CENTRAL ANGLE OF 12025'05'', SUBTENDED BY A CHORD OF 442.87 FEET,
AT A BEARING OF N. 42001'32'' W., FOR A DISTANCE OF 443.74 FEET TO
THE END OF SAID CURVE AND TOoA POINT ON THE NORTH LINE OF THE SOUTH
1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4
OF SAID SECTION 13; THENCE RUN N. 88031'06'' E., ALONG THE NORTH
LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 346.08 FEET
TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, WHOSE
RADIUS POINT BEARS N. 47°51'38'' E., A DISTANCE OF 1772.36 FEET
THEREFROM; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO
THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE
OF 08042'05'', SUBTENDED BY A CHORD OF 268.90 FEET, AT A BEARING OF
S. 46029'25'' E., FOR A DISTANCE OF 269.16 FEET TO THE END OF SAID
CURVE AND A POINT ON TH~ EAST LINE OF THE SOUTH 1/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 13; THENCE RUN S. 00035'40'' E., ALONG THE EAST LINE OF THE
SOUTH 1/2 OF THE SOUTHWEST 1/4 OF ~THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 146.36 FEET TO
A POINT ON THE SOUTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE
RUN S. 88°29'51'' W., ALONG THE SOUTH LINE OF THE SOUTH 1/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 13, FOR A DISTANCE OF 246.11 FEET, TO THE POINT OF
BEGINNING, CONTAINING 2.67 ACRES, MORE OR LESS.
BEARINGS SHOWN HEAEON REFER TO AN
S. 88°20'15'' W. ALONG THE SOUTH LINE OF
SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
FLORIDA.
ASSUMED BEARING OF
THE SOUTHEAST 1/4 OF
EAST, COLLIER COUNTY,
Vi 715 Tenth St. South
RO. Box 1586
Naples, FL 33939
(813} 262-4617
FAX (813) 262-3074
[] 6202-F Presidential Court
Fort Myers, FL 33919
(813) 481-7874
FAX (813) 481-1015
[] 10550 Abemathy Street
Bonita Springs, FL 33923
(813) 992-0795
FAX (813) 992-2327
MAY ? 5 !999
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/07/91 HOLE, MONTES & ASSOCIATES, INC.
Thomas J ris State of Fla.
68
52
65
3O
SOUTH 11/, CORNER.
SEC.13--&8 --25
.00'36'50'w ~31~3.00-36'50'w I
2~.---~ 269z.,__o' ,~_._ ~.~. ~. z~.
/
CB=N~2*01'32*W ~ ~ ~ - ~ ~ ~ 56
30' RoADWAy ~EHENT ~ ~
O.~1362 PG. 301 ~ ~
~1 ~ ~ soo-~s'~
~J m~m ~ 336.50'
~J . JEAST LINE, R=1772.36'
mt ~ Sl/215W11~ SWII~. NEII~, ~=08'~2'05'
m~ A~26g.16'
~ 'SEC'13~8--25 t C=268.90'
CB=S~6'29'25'E
SCALE
REVISED LEGAL DESCRIPTION
HOLE, MONTES &: ASSOCIATES
ENGINEERS - PLANNERS - SURVEYORS
NAPLES - FORT MYERS - BONITA SPRINGS
10550 ABERNATHY ST. BONITA SPRINGS. FL :33923
SKETCH
TO ACCOMPANY LEGAL DESCRIPTION
LIVINGSTON ROAD
PARCEL# 3/,T
SECTION 13 TWP./,SS. ENG.25E
~'OLLIER COUNTY FLORIDA
'NOT A SUI~JlEY'
MFO OCT. lggO
DRAWN BY: DATE
TJG OCT.1990
CHECKED BY: DATE
85.31
ROJECT NO,
B--g53
IRAWlNG NO
DESCRIPTION
FEE SIMPLE
HAY 5 1999
Hole, Montes & Associates, Inc.
Engineers / Planners / Surveyors
Folio ~00150960003
REVISED
PARCEL 56.01-T
A PARCEL OF LAND LO~ATED IN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15'' W., ALONG THE
SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF
2650.16 FEET, TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID
SECTION 13; THENCE RUN N. 00036'50'' W., ALONG THE WEST LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2692.40 FEET, TO
THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION'13; THENCE
CONTINUE N. 00o36'50'' W., ALONG THE WEST'LINE OF THE NORTHEAST 1/4 OF
SAID SECTION 13, FOR A DISTANCE OF 336.73 FEET, TO THE SOUTHWEST CORNER
OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 88o31'06'' E., ALONG THE
SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 331.82 FEET, TO
THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST
1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, AND
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
RUN N. 00°36'15'' W., ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTH
1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SAID SECTION 13, FOR A DISTANCE OF 180.39. FEET, TO A POINT ON A CIRCULAR
CURVE CONCAVE TO THE NORTHEAST, WHOSE RADIUS POINT BEARS N. 55°10'01'' E.
A DISTANCE OF 1772.36 FEET THEREFROM; THENCE RUN SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH
A CENTRAL ANGLE OF 07°18'23'', SUBTENDED BY A CHORD OF 225.86 FEET, AT A
BEARING OF S. 38°29'11" E., FOR A DISTANCE OF 226.01 FEET, TO THE END OF
SAID CURVE AND A POINT ON THE SOUTH LINE OF THE EAST 1/2 OF THE NORTH
1/2 OF THE SOUTHWEST .1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SAID SECTION 13; THENCE RUN S. 88031'06'' W., ALONG THE SOUTH LINE OF THE
EAST 1/2 OF THE NORTH .1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 138.70 FEET TO
THE POINT OF BEGINNING, CONTAINING 0.27 ACRE, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S. 88°20'15'' W.
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/07/91
HOLE, MONTES & ASSOCIATES, INC.
Thomas J.~ Garris State of Fla.
[] 715 Tenth St. South
RO. Box 1586
Naples, FL 33939
(813) 262-4617
FAX (813) 262-3074
D 6202-F Presidential Court
Fort Myem, FL 33919
(813) 481-7874
FAX (613) 481-1015
[] 10550 Abemathy Street
Bonita Springs, FL 33923
(813) 992-0795
FAX (813) 992-2327
6~
SOUTH 1/4 CORNER.
SEC.13--/.8--25
~¢kq N00'3§'S0'W 13
2~~692.~0'
SOUT~
SW1
13
13 13
.OUTHEAST CORN R.
EC.13--/,8--25 '
52
68 I
I
I
I
65
o' lO0' 200' 300'
SCALE
J SOUTHWEST CORNER
J Nll2. SWll/,. SW114.
· [~. SEC.13--~,8--25
N00 36'50'W I/ /
_ SOUTHWEST CORNER~
R=20&7.36'~'-L Ell2. Nll2. SW114.
-- '~ SWI/~ NEI/~
~=06'35'3U' I cc~ -~' -~ ~ ~
A=235.5~' 1~ ~.~ ~--~o--z~ .
- ' ~'W ~ ":
CB-N32. 3~1 .I ~15'EASENENT
~ ~nn.;6~S.~-~WEST LINE. E1/2. N1/2. SWl/~.
~ ~1~0 39~'z~ SWl/4~ NEl~SEC. 13--48--25
......
LINE, E1/2. N1/2. ~ ~ C=225.86'
SEC.1 3 -~ 8 - 2 5 i~
DESCRIPTION
HOLE, MONTES &c ASSOCIATES
ENGINEERS - PLANNERS - SURVEYORS
NAPLES - FORT MYERS - BONITA SPRINGS
10550 ABERNATHY ST. BONITA SPRINGS. FL 33923
SKETCH
TO ACCOMPANY LEGAL DESCRIPTION
LIVINGSTON ROAD
PARCEL# 56.01T
SECTION 13 TWP./,BS, RNG.25E
:OLLIER COUNTY FLORIOA
MFO 0CT.1990
DRAWN BY: DAT~
TJG 0 CT.lg'g0
CH ECKEO BY: DATE
85.31
PROJECT NO~
DRAWING NO B--987
FEE SIMPLE
EXHIBIT "A"
Hole, Montes & Associates, Inc.
Engineers I Planners / Surveyors
Fol±o #00150760009
Page I of 2
REVISED
PARCEL 52-T
MAY ? 5 1999
A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15'' W.,
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR
A DISTANCE OF 2650.16 FEET, TO THE SOUTHEAST CORNER OF THE
SOUTHWEST 1/4 OF SAID SECTION 13~ THENCE RUN N. 00o36'50'' W., ALONG
THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID 'SECTION 13, FOR A
DISTANCE OF 2692.40 FEET, TO THE SOUTHEAST CORNER OF THE NORTHWEST
1/4 OF SAID SECTION 13; THENCE CONTINUE N. 00o'36'50'' W., ALONG THE
EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 13, FOR A DISTANCE
OF 538.55 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE
NORTHEAST, WHOSE RADIUS POINT BEARS N. 60°46'41'' E., A DISTANCE OF
2047.36 FEET THEREFROM, AND THE POINT OF BEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED; THENCE RUN NORTHWESTERLY ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET, THROUGH
A CENTRAL ANGLE OF 04°11'32'', SUBTENDED BY A CHORD OF 149.77 FEET,
AT A BEARING OF N. 27°07'43'' W., FOR A DISTANCE OF 149.80 FEET TO
THE END OF SAID CURVE AND A POINT ON THE NORTH LINE OF THE NORTH
1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4
OF SAID SECTION 13; THENCE RUN N. 88o32'39'' E., ALONG SAID NORTH
LINE, FOR A DISTANCE OF 66.87 FEET, TO THE NORTHEAST CORNER OF THE
NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 13; THENCE RUN S. 00036'50'' E., ALONG
THE EAST LINE OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13, FOR A
DISTANCE OF 135.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.11
ACRE, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF
S. 88°20'15'' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF
SECTION 13, TOWNSHIP 48 SOUTH( RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/14/91
HOLE, MONTES & ASSOCIATES, INC.
BY~ ~J~~,_L P.L.S. #3741
Thomas J. G~rris . ..... 'State-of Fla.
715 Tenth St. South
RO. Box 1586
Naples, FL 33939
(813) 262-4617
FAX (813) 262-3074
ID 6202-F Presidential Court
F(wt Myers, FL 33919
(813) 481-7874
FAX (813) 481-1015
10550 Abemathy Street
Bonita Springs, FL 33923
(813) 992-0795
FAX (813) 992-2327
i N00'38'29'W
t , .~ 337.00' '~ 0' 100' 2D0' 300' ,~00' I
I ] SCALE
I
,o 52 ~ 65
R~2o~?.3~'
SOUTHEASTcORNER. ~ A~0~'~Y32'
NWII~. ~f A]~9.80'
30' ROADWAY ~[ASE~ENT ~
N00'36'50~W 3~ 13 O'R'332~IP6'83~
2~i [3f 13 I ~3 N00'36'S0'W1673.46 ..... .'~; ~ ~ ~
SOUTH i t J EAST LINE, ~ ~_~ ~
. 5EC.13--~8--25 SEC. 13--18--25 f -- O
~ SEC.13--~S-25~ ~ ~
~ I
~ 56 t
L
I
I I~SOUTHEAST CORNER.
I SEC.13--&8--25 'NOT A SURVEY'
HFO OCT. 1990
SK E TC H 3RAWN BY: DATE
UO~ TO ACCO HPANY LEGAL DESCRIPTION T JG 0CT.1990
HOLE, MONTES & ASSOCIATES LIVINGSTON ROAD :HECKEDeY:
ENGINEERS - P~NNE~ - SURV~ORS PARCEL · 52 T =ROJECT
~ ~ ~ ~ ~ NAPLES - FO~ MYERS - BONITA SPRINGS SECTION 13 TWP.~BS. RNG.25E
B--962
REV.~ DESCRIPTION DATE 10550 ABERNATHY ST. BONITA SPRINGS. FL 33923 'COLLIER CO UNTY FLORIDA 3RAW~NG
FEE SIMPLE
Hole, Montes & Associates, Inc.
Engineers / Planners / Surveyors
Folio #00149880000
REVISED
PARCEL 30-T
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15'' W.,
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR
A DISTANCE OF 2650.16 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST
1/4 OF SAID SECTION 13; THENCE RUN N. 00036'50'' W., ALONG THE WEST
LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF
2692.40 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID
SECTION 13; THENCE RUN N. 00035'50'' W., ALONG ~HE WEST LINE OF THE
NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 673.46 FEET TO
THE SOUTHWEST CORNER OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, AND THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
CONTINUE N. 00036'50'' W., ALONG THE WEST LINE OF THE NORTHEAST 1/4
OF SAID SECTION 13, FOR A DISTANCE OF 673.46 FEET TO THE NORTHWEST
CORNER OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 88034'45'' E.,
ALONG THE NORTH LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A
DISTANCE OF 33.32 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO
THE NORTHEAST, WHOSE RADIUS POINT BEARS N. 83050'04'' W., A DISTANCE
OF 1772.36 FEET THEREFROM; THENCE RUN SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH
A CENTRAL ANGLE OF 22048'29'', SUBTENDED BY A CHORD OF 700.88 FEET
AT A BEARING OF S. 17°34'10'' E., FOR A DISTANCE OF 705.53 FEET TO
THE END OF SAID CURVE AND A POINT ON THE SOUTH LINE OF THE WEST 1/2
OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SAID SECTION 13; THENCE RUN S. 88°32'19'' W., ALONG THE SOUTH LINE
OF THE WEST 1/2 OF THE NORHTWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 13, FOR AIDISTANCE OF 237.74 FEET TO
THE POINT OF BEGINNING, CONTAINING 1.72 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO AN
S. 88°20'15'' W. ALONG THE SOUTH LINE OF
SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
FLORIDA.
ASSUMED BEARING OF
THE SOUTHEAST 1/4 OF
EAST, COLLIER COUNTY,
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/07/91
1:3 715 Tenth St. South
RO. Box 1586
Naples, FL 33939
(813) 262-4617
FAX (813) 262-3074
HOLE, MONTES & ASSOCIATES, INC.
BY
[] 6202-F Presidential Court
Fort Myers, FL 33919
(813) 481-7874
FAX (813) 481-1015
~ ~ :' c.. ';'..-.?¥'I4.S; #3741
Thomas ~.-G~rri~.'/'['.:::~<',tS~a%~.':of Fla.
.: -.~ ..':: .... -.
: <.'},. ;. r' ..... .. :
', "' '- . . ',"" 'E] 10550 Abemathy Slreel
· ~ ~. -. ,,,.., ......~ . ,.
-~ ,"' ,'; ~. ' ...... c.' ~ (813) 992,.0795
' '"',:'.~ ~? .: :' ~ ~' , FAX (813) 992-2327
NOO'36'SO'W
2692./.0'
13
19
13
13
NOO*36'SO'V~
673.~6'
CORNER.
W112.
3&
1 ~,~_..50 UTH EAST C O RN ER.
SEC.13--/.8--25
52
REVISED LEGAL DESCRIPTION
65 I 53
I
1
I
O' 100' ?00'
SCALE
SOUTHWEST CORNER,
Wl/2. NWl//.. SWll/..
SEC.13--~,8--25 , WESTILINE,
Poe NOO'36'50'W 613 ~,6' /,,/.NE~,~EC.13--x, 8--25
~. , ~~. _ NORTH LINE
~ . _ ~~ ~tl ~ ~Wl12. NWII~. SWll~. NEI/~.
~o
~LI9~.13'
soo'36'~s'E 673.23'
HOLE, MONTES &: ASSOCIATES
ENGINEERS - PLANNERS - SURVEYORS
NAPLES - FORT MYERS - BONITA SPRINGS
10550 ABERNATHY ST. BONITA SPRINGS. FL 33923
300' LO0'
SKETCH
TO ACCOMPANY LEGAL DESCRIPTION
LIVINGSTON ROAD
PARCEL# 30T
SECTION 13 TWP./,BS. RNG.25E
IER COUNTY FLORID/
'NOT A SURVEY'
NFO OCT. 1990
TJG OCT.1990
85.31
B--g56.
DESCRIPTION
FEE SIMPLE
Hole, Montes & Associates, Inc.
Engineers / Planners / Surveyors
Folio ~00151320008
REVISED
PARCEL 65-T
MAY ? 5 1999
A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15'' W.,
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR
A DISTANCE OF 2650.16 FEET, TO THE SOUTHEAST CORNER OF THE
SOUTHWEST 1/4 OF SAID SECTION 13; THENCE RUN N. 00o36'50'' W., ALONG
THE EAST LINE OF THE SOUTHWEST '1/4 OF SAID SECTION 13, FOR A
DISTANCE OF 2692.40 FEET, TO THE SOUTHEAST CORNER OF THE ~ORTHWEST
1/4 OF SAID SECTION 13; THENCE CONTINUE N. 00o36'50'' W., ALONG THE
EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 13, FOR A DISTANCE
OF 673.46 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13, AND THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
RUN S. 88o32'39'' W., ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF
THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13, FOR A
DISTANCE OF 66.87 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO
THE NORTHEAST, WHOSE ~DIUS POINT BEARS N. 84°28'28'' E. A DISTANCE
OF 2047.36 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC
OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET,
THROUGH A CENTRAL ANGLE OF 19°30'25~, SUBTENDED BY A CHORD OF
693.68 FEET, AT A BEARING OF N. 15°16'44'' W., FOR A DISTANCE OF
697.04 FEET TO THE END OF SAID CURVE AND A POINT ON THE NORTH LINE
OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 13; THENCE RUN N. 88o35'26'' E., ALONG SAID NORTH LINE,
FOR A DISTANCE OF 242.50 FEET TO THE NORTHEAST CORNER OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 13; THENCE.RUN S. 00036'50'' E., ALONG THE EAST LINE OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 13, FOR A DISTANCE OF 673.46 FEET TO THE POINT OF
BEGINNING, CONTAINING 2.71 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO .AN ASSUMED BEARING OF
S. 88°20'15'' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF
SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/07/91
HOLE, MONTES & ASSOCIATES, INC.
Thomas J. darris
P.L.S. #3741
State of Fla.
[] 715 Tenlh St. South
RO. Box 1586
Naples, FL 33939
(813) 262-4617
FAX (813) 262-3074
[] 6202-F Preeldentla{ Court
Fort Myers, FL 33919
(813) 481-7874
FAX (813) 481-1015
[] 10550 Abemathy Street
Bonita Springs, FL 33923
(813) 992-0795
FAX (813) 992-2327
o' loo' ,200' 300' 400'
SCALE
~ Z
5EC.13--48--25 I j ~, ~' b:._CB~ ( ~ ~
1
N00'36'50' · NWl/4. ~)~/ 65T ~ /~'
"692 ~0' /SEC.13--48--25 ) I~
2 ~ ~ ~ S00'36'50'EJ 673.46'
~4 13 ~ m - ] /IPOB/ m
~ ) SEC.13--48--25
~ /I
~ I SOUTHEAST CORNER,~ I
~ ~ )NEll4. SEll&. NWll4.I 30 I ~6
SEC.~-~-~s
~m ~ ~ --~- -
2_~3
'91~ SOUTHEAST CORNER,
SEC.13--~8--25 'NOT A SURVEY'
SKETCH NFO 0CT.1990
DRAWN ~Yt DATE
TO ,CCO.,,,~ LEO*L OESC,~PT~O, ~JO OCT.I~0
U~~-- HOLE, MONTES · ASSOCIATES LIVINGSTON ROAD CHECKE0~,: ~ATE
ENGINEERS - P~NNERS - SURV~ORS PAR CE L · 6 5 T PROJECT NO.
~ REVISED LEGAL OESCRmT~O~ 211191 ~ ~~~ ~ NAPLES - FORT MYERS - BONITA SPRINGS SECTION 13 TWP.48S, RNG.25E B--955
REV.~ OESCmPTIO~ O~TE ~0SSO ~ER~*~HV ST. ~ON~T* S~mN~S. ~L ~3~2~ COLLIER COUNTY FLORIDA OR*Wm~
=~=
O
O
too
SCALE
POC
POB
_ N. LINE S.1/2. N.E.I/4. N.W. 1/4
£C. 13 -48- 25
N 88'38"3' E 446.59
~-- $. LINE S. 1/2. N.E.I/4. N.W.1/4
SEC. 13-48 - 25
__ ~L_ S 88'35'26" w
LEGEND
POINT OF COMMENC£MENT
POINT OF' BEGINNING
R = 2014.88'
L = 175.06°
CB = $ 5136'II' E--~
CH = 175.00'
453.88
S 88'38'13' W
53T
N 88'35'26' E:
~ ~, I NOT VAUO WITHOUT
I TmHEE
HOLE MONTES &: ASSOCIATES SEAL OF A FLORIDA
ENCINE:ERS / PLANNERS / SUR~¥OR$ UCENSED SURVEYOR
,0550 A~[..^,.* s~£, AND MAPPER.
~ONITA ~ ~ORIOA 541~5
(941) 992-o795
217.51 u, POB
20g.92
POC
N.E. COR. N.W. 1/4
SEC. 15-48- 25
E. LINE N.W. 1/4
SEC. 13 -48- 25
~NOT A
PARCEL 53-T RE:~SED
A PARCEl, C)F' LAND LOCAI'EI) IN THE NC)RTI-I~ESI' {3UAR'TEI:{ C3C' SECllON 1.3,
TOqAAdSI-IIP 48 .,5(~JTH. R,ANGE: 25 F.J~'r. COLUE:R 'CCXJNTY. FLORI0A. BUNG
MORE: PARTICULARLY' OESCRIEI[O AS FOLLOWS:
COMMENCE AT THE NORTHEAST C~ER OF THE NORTHI~ST QUART~
SECTION 13. TO~I~SHI· 48 S(XJTH, ~ 25 EAST. COLUER COUNTY.
FLORIDA; THE:NC~: RUBI S.O(r3~'5OT:~ ALONG THE EAST LINE C~- THE:
NORTHV~:ST OUARIER OF" SAIO SECTION 15, FOR A DISTANCE OF 675.46
FEE:T TO THE NORTHEAST COI~ OF ~ SOUTH HALF OF' THE NORTHEAST
OUARI'E:R OF' THE NDI~THV~ST (~UA~I'[~ OF ~ SECTION I..~; 11-lL~CE RUN
5.88'~8'13'W.. ALONG THE: NOrm Le~ OF ~ SOUTH HALF OF mE
NORTHEAST QUARTER OF 1]-IE N(]RTHWEST QUARTER OF SNO SECTION 15.
FOR A DISTANCE OF 217.51 eel:l: THENCE RUN ~.00"56'50"E. FOR A
DISTANCE OF 498.70 FEET TO 'THE BEGINNING OF A TANGENTIAL CIRCULAR
CURarE. CONCAVe: EASTERLY; ~ RUN SOUTHERLY. ALONG THE: ARC OF
SAIO CURV~: TO ~ LEFT. HA'VING A RADIUS OF 2014.86 PI.ET, 11-IROUGI.I
A CENTRAL ANGLE OF' 04-'58'41', SUBTENDED BY A CHORD OF
FEET AT A I~ARING OF S.05'06'11"E., FOR A DISTANCE OF 175.06
FEET TO A PONT OF THE: SOUTH LINE: OF THE SOUTH HALF OF THE
NORTHEAST OUARTER OF 11-1E NORTHtt~:ST QUARTER OF SAIO SECTION 13;
HALF OF THE: NORTHEAST C]UARI~R OF THE: NORTH~ST QUARTER OF SAJB
SECTION 15. FOR A DISTANCE OF 209. g2 FEET TO THE SOUTHEAST CORNER
OF THE SOUTH HALF OF mE NORlt~:AST OUARTER OF TI'E: NORTHVt~:ST
QUARTER OF SAID SECTION 13; THENCE RUN N.OO'56'50'W., ALONG THE
EAST LINE OF 1HE NORTHItt[ST QUARTER OF SAID SECI'ION 15. F'ON A
DISTANCE OF 67,.~.4-6 FEET TO ~ POINT OF BEGINNING:
CONTAINING 3,353 ACRES. MORE: OR LESS.
THIS PROPERTY IS SUBJECT TO FO. SEMEN~5. RESERVA11ONS OR
RESTRICTIONS OF RECORD.
BEARINGS REFER TO mE: EAST LI~ OF THE NORTHIt~:ST OF SECTION 15.
TOWNSHIP 48 S(~JTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS
BEING S.00'36'50'E.
HOt. E° MONTES & ASSOC3AT~'S, ~
CERTIFICATE OF AUTHORIZA~72 ' ' , >
BY . P.LS. ~ 37.t' '
THOMAS ~L GAERIS .' STATE OF FLOR:DA '
* ., ~ .. -:
SURV£¥~ ~ .. ~,
SKETCH AND LEGAL DESCRIPTION
OF A PORTION OF PARCEL 53
SEC. 13 - 48 - 25
LEE CC~JNTY FLORIOA
I~VlgON Ne. DESC~IPI~ DAlE
RE'~SIONS
48
BA r.R pye~.tlp iB531A4ol
T. o
FEE
SIMPLE
NAV ? 5 1999
Preserwng and enhancing Florida's quality of life since 1966
HOLE, MONTES & ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
HMA PROJECT #1985031-A-401
4/14/99
REF. DWG. #B-2638
FOLIO ~00148640005
PARCEL 2.4T REVISED
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.88°41'00~/., ALONG THE
NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 250.02 FEET;
THENCE RUN S.69°08'38"E. FOR A DISTANCE OF 73.71 FEET; THENCE RUN S.00°52'45"W. FOR A
DISTANCE OF 436.17 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 2153.48 FEET, THROUGH A CENTRAL ANGLE OF 01'29'36", SUBTENDED BY A CHORD OF
56.12 FEET AT A BEARING OF S.00°07'58~/V., FOR A DISTANCE OF 56.12 FEET TO THE END OF SAID
CURVE; THENCE RUN S.00°36'50"E. PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 13, FOR A DISTANCE OF 153.82 FEET TO A POINT ON THE SOUTH LINE OF THE
EAST HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 13; THENCE RUN N.88°38'13'E., ALONG THE SOUTH LINE OF THE EAST HALF OF THE
NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13,
FOR A DISTANCE OF 193.52 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTH
HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE
RUN N.00°36'50~/V., ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR
A DISTANCE OF 673.46 FEET TO THE POINT OF BEGINNING; CONTAINING 2.942 ACRES, MORE OR
LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.00°36'50"W.
HOLE, MONTES & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB #1772
THOMA~ J. GARRIS
P.L.S. # 3741
STATE OF FLORIDA
~N;A 1~ l~031~PARC~ L 24TR EV.~o¢
10550 ABERNATHY STREET BONITA SPRINGS, FLORIDA 34135 941-992-O795 FAX 941-992-2327
250.02
CURVE 'fABLE I CHORD CHORD BEARINGI
CURVE I LENGTH 1 RADIUS DELLA
C1 { 56.12 I 2153.48 [ 01"29'36" I 56.12 $00'07'58"~ |
LEGEND
POB POINT OF' BEGINNING
HOLE MONTES &: ASSOCIATES
ENCINEERS / PLANNERS / SURVEYORS
1~ AB[I~ATHY
(941) 99~-0'79S
NOT VAUO WITHOUT
THE SIGNATURE Al, lO
1'HE ORIGINAL RAISED
SEAL OF A FLORIDA
UCENSED SURVEYOR
AND I~APPER.
12
~3
1~2POB
N.E. CORNER. N.W. 1/4
SEC. 13-48-25
15
PARC;EL 2.4T REM~:D
A PARCEl_ OF LAND LOCATED IN liRE N~RI'I.I~ST QUARTER ~ SECTION 13,
TOWN~-IIP 48 SOUTI-I, RANGE: 2.5 EAST. ~ COUNTY, FLOqlOA, BE3NG MORE
BEON AT 'TI,IE ltOI4114F-J~~T C(]RNER ~ 'TI-IE #I~RTI411W._ST OUARTER OF
SE~CTION 13, TO~ ~ ~TI4, ~ ~S EAST, COLU~I~ COUNI~,
FLDI~ID~ ~Hl~qa~ ~ S~4.1'~W.. ~0NG IHE NORI}4 UNE ~ THE
NORll4~ST 0UN~IER ~ SAIO SECTIOe~ ~ FDI~ A DISTANCE OF 2~0.02 FEET:
THENC~ ~t)N ~Bg~ F~ A DIST~ OF 73.?~ ~EET~ ~CE~ RUN
S.00'52'45"W. FOR A INSTANCE OF' 43647 FEET TO THE ~EGINNtNG OF A
ALONG THE ARC OF 5NO. CURVE: TO ~ LEFT. HAWNG A RN~US OF 2153.48
FEET. THROU~.t A CENTRAL ANGLE: OF 0r29'36", SUBTENDED BY A CNORO OF
56.12 FEET AT A BERRING OF S.(X)'0~. FOR A DISTANCE OF 56.12
FEET TO THE IDqO (:IF ~ CUR~.; 'n.E:NCE RUN S.00'36'50'E. PARALLEL
WI~-I THE EAST UNE' OF ~ N(~TH~5-r OUARTER OF SNO SECTION I,.3, FOR A
DISTANCE OF 153.82 ~'U~.T TO A POINT {~1 ~ c~:XJTI'I UNE OF THE EAST HN..F
Of' THE NORTI'I HAlF OF THE: I, t0R'i~ OUARTER OF ~ NORTHV~gST ~UARTER
OF S.,~D SECTION 13; 1HENCE RUN N.88'38"I3'E.. ALONG 'mE sOUTH UNE
OF THE EAST HAt. F OF 'P'-E NORIH HaLF OF THE NORTHEAST QUARTER OF THE
NORTHV,[5'T OUARTER OF SAIl) SECTION 13, FOR A DISTANCE OF 19.,3.52 FEE;T
TO 3H~ SOMTHEAST ~ OF THE ~ HALF OF THE: NORTH HALF OF ~
NOR*n..~_.AST (~uAR*rER OF ~ ~TH~V~EST ~'~UARTER OF SN0 SECTION 13; THENCE
RUN N.00'36'56'W.o ALONG ~ EAST ~ OF THE NORTHIR~ST OUAR'I'[R OF'
~;AID ~CTION '13, F(~R A DISTANCE OF 673.46 FEET TO TI-IE P_OINT OF
~ C0NTNN~NG 2.94.2 AC~ES, ~ OR LESS.
THIS PROPERTY IS SUBJECT TO ~E3~ITS, RESERVATIONS OR RESTRICTIONS
OF RECORD.
BEARINGS Ru-I:.~ TO THE FAST LINE OF ~ NO~.TH~...ST QUAR.~ER OF SECTION
15, TO~ISHIP 48 S01JTH. RANGE; 2,5 FAST. COLUER CO~JNTt', F"L0~.IDA, AS -.
HOLE, MONTES ac ASSOCt&TES. t~C. - '
TIRCAIE OF AUTHORIzA'r~erI~ 1n772 ,, ~
NOT A SURVEY
SKETCH ~ND LEGAL D[SCRIP?ION ~... ~."
OF A PORTION OF PARCEL 2.04
SEC. 13 - 48 - 25
cou.,:, cou.w ~ TJG.[~.~.~.~.~~Nc[ NEW2.04
DAlE
~O~CT N~
85~1A~01
~A~ING No.
e-2638
FEE SIMPLE MAY ~ 5 1~99
Preserving and enhancing Florida's quality of life since 1966
HOLE, MONTES & ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
PARCEL 26-T REVISED
HMA PROJECT #1985031-A-401
4/13/99
REF. DWG. #B-2636
FOLIO #00149720005
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
.BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN
N.88°39'39"E., ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13,
FOR A DISTANCE OF 80.01 FEET; THENCE RUN S.44°01'24"W. FOR A DISTANCE OF 42.70 FEET;
THENCE RUN S.00°36'50"E., PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 13, FOR A DISTANCE OF 200.02 FEET; THENCE RUN S.88°39'39"W., PARALLEL
WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE
OF 22.00 FEET; THENCE RUN S.00°36'50"E., PARALLEL WITH THE WEST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 106,70 FEET TO A POINT ON
THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN
S.88°38'26~/., ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
13, FOR A DISTANCE OF 28.00 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.00°36'50"W., ALONG THE WEST
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.73 FEET TO
THE POINT OF BEGINNING; CONTAINING 0.343 ACRE, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BE!NG N.00°36'50'W.
STATE OF FLORIDA
HOLE, MONTES & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB #1772
THOMAS J. GARRIS
W:~ 198~ 1965031%PARCE L26TR EV.do¢
10550 ABERNATHY STREET BONITA SPRINGS, FLORIDA 34135 941-992-0795 FAX 941-992-2327
SCALE
o 3o ~
LINE TABLE
LINE LENGTH I
BEARING
L1 22.00 S88'sg'3g"w
L2 28.00 $~8'58'26'w
LEGEND
POB POINT OF BEGINNING
2~s[POB , 4
&w. co~rdl. N.[. /
1 12 N88'39'39'E
L~
S 88'59'39' W 252.20 .......
~-: N. UI.I[ N.W.I/&. N.W.I/4. N W.I/4. N.[.1/4. 5[C t3-48-25
26
S 88'38'26' W .304.18 ..........
LIN[ N.W, 1/4. N,W,~/4, N.W.i/4. N.E.1/4. S[C. 13-48-25
PARCEL 26-T REMSED
A PARCel. OF' LAND LOCATEO IN THE NORIHEAST QUARTER (~ SECTION 1,t,
TOV~ISHIP 4.8 SOUTH. RANG~: 25 EAST. C01~ CQUNI'Y. FLORIDA, BEING
MORE PARTICULARLY DES(:~ AS F~U..OIS:
BEGIN AT THE NORTH~ST CORNER OF THE N~RTHEAST QUARTER OF
.SEC'nON 15, TOt~INSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIOA: THENC~ RUN N.88'39'3g"E., ALOI~G THE NORTH UNE OF
NORTHEAST QUARTER OF SAID SECTION 15. FOR A DISTANCE OF 80.01
FEET; THENCE RUN S.44.'Ol'24'W. FOR A DISTANCE OF 42.70 F'E[T;
THENCE RUN S.00'36'50'E., PARNLtR %~111'1 THE: WI[ST UNE OF THE
NORTHEAST QUARTER OF' SAID SECTION 15. FOR A DISTANCE: OF 200.02
FEET; THISNCE: RUN S.88'39'39'W.. PAR.~ I R MTH ]'HE NC~TH LINE OF
THE NORTHEAST QUARIER OF SAID SECTI(3N 15- FOR A DISTANCE OF' 22.00
FEET; TI-IENC~: RUN ~.00'36°,"30'E.. pARAIIfl %~TH THE %%t~srr ~ OF
THE NORIHEAST QUARTER OF SND SEC11(31~1 13. FOR A DISTANCE OF'
106.70 FEET TO A I:~NT ON 1HE SOUTH I.JNE: OF THE NORTHWEST QUARTER
OF THE NORTHW~::ST QUARTIS~ OF 1HE NORIHI~ST QUARTER OF THE
NORTHEAST QUARTER (F' SAIO SECTION I,.~ THE~ICE RUN S.88'38'26'W..
ALONG THE SOUTH UNE OF' 'IHE NORIHt%f:ST QUARTER OF THE NORTHWE:ST
QUARTER OIr THE NORTHV4~-r QUAR'rER OF THE NORTHEAST QUARTER OF
SECTION 15. FOR A 01STANC/ OF 28.00 FEET TO THE: SOUTHWEST C0~
OF THE NORTHWEST QUARTER Dir 'nE: NORmWEST QUAR1ER OF THE
NORTHV~:ST QUARI~:R OF 1HE: NORTHEAST QUARTER OF SAID SECTION 15;
THENCE RUN N.00'~'~O'W.. ALONG TI~ IL:'Sl' UNE OF THE: NORTHEAST
QUARTER OF SAID SEC11ON 15. FOR A []ISTANCE OF 3,56.73 FEET TO THE
POINT O&" BEC3NNING: COI~ITAI~ING 0.,343 ACRE.. MORE OR LESS.
THIS PROPERTY IS SUB,E:CT TO EASEMENTS. RESERVAllONS OR
RESTRICTIONS OP RECORO.
BEARINGS h%t-I:J< TO THE II~:ST UNE OF THE: N,,'"IRTHEA~T OUARTI~ Or-
SECTION 1,~. TOWNSHIP 48 SOUTH. RANGE 25 FAST, COLLIER CCA~NTf.
FLORIDA, AS ~EING N.OO'36'SO'W. .~
HOLE, MONTES & ASSOaATES, INC. -' .
BY · ' p. L3. # 3741
TI-lOMAS ~'d. GARRIS STATE OF FLOI~DA
*NOT A SURVEY
~-- NOT VAUD WITHOUT SKETCH AND LEOAL DESCRIPTION ,'..
l l-IR ORIGINAL RNSED SEC. 13 - 48 - 25
HOLE MONTES & ASSOCIATES SEAL OF A FLORIDA )RAm O~ O,~][ 4/99 ~:cmm 1,.5
ENGINEERS / PLANNERS / SURVEYORS UCENSED SURVEYOR BA F.[ ro~63,,~ 48 8531A401
10550 AS[RNATHY $1REET A~D MAPPER. ~r.~o BY: e,~z ~,u~z 25 ~^~¢ ,o.
aom, sm,cs, rtomoA ~,~ TJG IFJE~NC[ B-2656
(941) ov92-0795 COLU£R COU,r, n.o~o^ NEW26
FEE SIMPLE
HAY 2 5 1999
Preserving and enhancing Florida's quality of life since 1966
HOLE, MONTES & ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
PARCEL 35-T REVISED
HMA PROJECT #1985031-A~101
4113/99
REF. DWG. #B-2637
FOLIO #00150080006
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00°36'50'E.
ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID~ SECTION 13, FOR A DISTANCE
OF 336.73 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SAID SECTION 13, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE RUN N.88°38'26"E., ALONG THE NORTH LINE OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 27.98 FEET; THENCE RUN
S.04°07'49~/V. FOR A DISTANCE OF 338.26 FEET TO THE SOUTHWEST CORNER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.00°36'50"W., ALONG THE
WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.73
FEET TO THE POINT OF BEGINNING; CONTAINING 0.108 ACRE, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.00°36'50"W.
HOLE, MONTES & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB #1772
THOM~A~ J. GARRIS
W;%198~1965031~PARCEL 35TREV.~
10550 ABERNATHY STREET BONITA SPRINGS, FLORIDA 34135 941-992-O795 FAX 941-992-2327
POC
COR. ~.[.1/4. S[C. 13-4~-2.5
12
13
N. LtNE ~.W. 1/4, N.W.I/4. N,W,1/4. N.[,I/4, ~L~C:.1~-48-25
N 88'38'26' E 304,18
SCALE
LINE TABLE BEARING
LINE LENGTH l
L1 336.73 S00'36'50'E
L2 27.98 N88'38'26"E
LEGEND
POC POINT OF COMMENCEMENT
POB POINT OF BEGINNING
-- ._N _.~88/.~ 7' 1__2 '__[__ 332.10
UN[ S.W.I/4. N.W. 1/4. N.W.I/4, N,[.1/4. S[0.13-48-25
HOLE MONTES & ASSOCIATES
ENGINEERS / PLANNERS / SURVEYORS
1o"-~ ABEI~ATflY S1R[ET
B~A ~ FLOI~
INOT VALID WITHOUT
THE $1GNATIJR[ AND
THE ORIGINAL RAISE~
SEAL OF A FLORIDA
UCENSEO SURVEYOR
AND MAPPER.
PARCEL 35-T REMSi~
A PARCEL OF' LAND LOC, All~) IN 1lIE N(~IrlI.iEAST 0UARll[R OF SEC110N 13,
TO~ISHIP 48 SOUTH, RA#G[ 25 EAST, C~(.LIER COUNTY. FLORIDA, B~ING
MORE: PAR'I1CULAJ~y OESCRIBED AS FOLLOWS:
COMMENCE AT 13.1E NOR3I.It~ CO~IER ~ THE NORTHEAST QUARTER OF'
S[CnOfl 13, TO~IqSHI~ 4~ SOU']~ ~ 25 FAST, COLLIER COUNTY,
FLORIDA; mENCE ~ S.00e3~'50T.. N.ORG THE WEST UNE OF ~
NORTHEAST OUARIER OF ,~ ~ 13, FOR A DISTANCE OFF' 336.73
FEET TO THE NORIHI~EST CGRNE~ OF 1HE SOUmV~ST OUARTER OF THE
NORTHt¥-~'..ST (3UAR"IE~ OF ~ ~ QUARTER OF THE NORll,,I~'.AST
QUARTER C~' SAIO SECIR3N 13. ~ 11.1E PDINT OF gl'GINNING OF
THE PARCEL 0F LANO ~ ~. 1'~ RUN N.88e3,8'26'F_,
ALONG THE NORTH,IJNE OF- THE SOUTHtt~ST OUARTER OF THE NORTH~s'r
OUARTER CE' THE I~11.1~/ (~U,~RIER OF 1HE NORTHEAST OUARTER OF SAIO
S[CI'ION 13. FOR ~-DISTN~I~I[ OF 27.98 F'E[T; 11~CE RUN
S.O4eOT'4g'W. FOR A ~ISI'AN(~ OF 3.]~.26 !-I:.1:.1 TO THF' SOUTH~ST
CORNER OF THE ~ ~ OF ll'lE NORTHV~:ST OUARTER OF ~
NORTHgI~ST OUARll';R OF THE I~ OUARI'ER OF SAID SECl10N 13:
THENCE RUN N.00~ ~ lt'l[ EST UNE OF THE NORTHEAST
OUARTER OF SAID SEC~ 13, F~R A DISTANCE OF' 336.73 FEET 1'0 THE
POINT OF BEGINNING: C~i'~MNI~ O108 ACRE, MORE OR LESS.
THIS PROPERTY IS SU~ TO F_A~EME}IT~, R[S~RVA1]ON5
R~STRIC'nONS OF' R~C, Cm~
BEARINGS R{:.FE~ TO ~ ~ LINE OF THE NORTHEAST
,~C110N 13. TO'~N'SI, IP 4~ SOU11.I. RA~ '35 EAST. COLUER
FLORIDA, AS BEING N.00~50~
HOLE, MONTES & AsSOaAIE'S, ~
CER'nF]CATE OF AU'n,m~ZA~.gee4~ ~1772
NOT A SURVEY
SKETCH AND LEGAL DESCRIPTION
OF ^ POR~ON OF P^RCEL35
SEC. 13 - 48- 25
COLLIER' ,COUN~ ~tl.~
I~Sl~ll I~ 0ESCI~PI10N ' DATE
RE¥1SIONS
~,AtiN B~
BA/BEN
Item #8B3
May 25, 1999
APPROVE AUTHORIZATION FOR PAYMENT FOR REPAIRS, MODIFICATIONS AND
EQUIPMENT NECESSARY FOR CONTINUED OPERATION OF THE NAPLES LANDFILL -
APPROVED
CHAIRWOMAN MAC'KIE: Okay. We'll call the meeting of the Board
of County Commissioners back to order, May 25th, 1999.
And we are at Item 8(B) (3), which has to do with the
modifications to the county landfill. Personally, I think we've
discussed it to death and I'm ready to authorize. But maybe we need a
whole staff report on the landfill improvements, or maybe we could
just move forward, she says optimistically.
COMMISSIONER CARTER: Well, I'm ready to authorize it. I think
we've had a number of discussions on it and I'd like to see us go
forward. But there may be other commissioners that want to spend more
time on it.
MR. FERNANDEZ: Madam Chairwoman, we're prepared to have you
vote. The board is ready to move forward. We can --
CHAIRWOMAN MAC'KIE: Are there public speakers registered on
this?
MR. FERNANDEZ: No, there's not on this.
CHAIRWOMAN MAC'KIE: Are there questions -- maybe that would be
the right way to do it. Are there questions of staff?
Tom, did you want to speak?
MR. HENNING: I did sign up.
CHAIRWOMAN MAC'KIE: I'm sorry, we've got one.
MR. FERNANDEZ: I'm sorry, I didn't have your --
COMMISSIONER CONSTANTINE: My only question has to do with the
funding. Obviously we have a -- one problem that's an old problem,
that's not Waste Management related. But any of the other funding
issues, are we picking up the cost of any of this other stuff? And if
so, why?
Believe me, I'm the last one who wants to slow this process down,
but I don't want to spend money if it's not our responsibility to do
so.
MR. RUSSELL: We looked at that and basically -- excuse me, for
the record, David Russell, Solid Waste Director.
We looked at that and basically these repairs are related to the
design and construction by the county before Waste Management --
COMMISSIONER CONSTANTINE: I understand that. I'm just saying,
are there any expenditures other than that, that county is being asked
to make as part of this? MR. RUSSELL: No.
COMMISSIONER CONSTANTINE: That's all I need to know. Thank you.
CHAIRWOMAN MAC'KIE: I asked the same question, because it's a
valid one.
COMMISSIONER CARTER: Madam Chair, I have one question. Maybe
this has been answered. But construction materials going into our
landfill are a problem, particularly the wallboard. Is that now being
transported out to another area?
MR. RUSSELL: While we're still in Phase II, that wallboard is
not being pulverized. It is still going in the Phase II, and that's
going to be covered with a 60-ml. liner. It will not go into the
Phase III area. And then it will be transported out, separated out.
Page 56
May 25, 1999
That's the active area that won't have the liner on it. So we've
addressed that.
COMMISSIONER CONSTANTINE: I will point out that despite the fact
we've addressed that, when I opened my door this morning at 8:15 to
come out to my car, I was greeted by the fine stench of the landfill.
So hopefully this does a better job, what we're moving forward with
here, than eliminating gypsum board did.
COMMISSIONER NORRIS: Well, once we have the Norris plan in full
implementation, we won't have that.
CHAIRWOMAN MAC'KIE: Do we have public speakers on this?
MR. FERNANDEZ: Mr. Tom Henning.
MR. HENNING: Good afternoon, Commissioners. For the record, Tom
Henning, Golden Gate Fire and Rescue. Commissioner, Chairman.
Chief Peterson and I spoke about the workshop -- or the Town Hall
meeting in Golden Gate. I'm sorry I wasn't available. The question
was -- came up from a resident of what do we do after hours when we
have complaints about supposedly landfill odors? And the chief said
that he would like to -- we, the district, would like to offer our
services to the board and to staff to take complaints and possibly do
some checking into with the odor monitoring system that the county has
implemented. As you know, that we're there 24 hours a day, so we
welcome the calls.
CHAIRWOMAN MAC'KIE: Tom, that's wonderful coordination. And as
far as I'm concerned, appreciated, and you know, hope we've worked
that out with the staff.
Is that acceptable to the rest of the board?
COMMISSIONER CONSTANTINE: Absolutely.
MR. HENNING: Thank you.
COMMISSIONER CONSTANTINE: Mr. Henning, is your employer'paying
you for being here all day?
MR. HENNING: Yes. Thank you for your concerns.
CHAIRWOMAN MAC'KIE: Because you are here, right?
Are there any other questions then on this item or is there a
motion?
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: Any discussion on the motion?
COMMISSIONER BERRY: Just a minute, yes. No, not really about
the motion. But in regard to the monitoring, I think that the
monitoring should be from a couple of different sources so you don't
have just one opinion, that there will be certainly a check and
balance in terms of monitoring the odor. But I think that that would
be fair to everybody concerned.
CHAIRWOMAN MAC'KIE: Good point.
COMMISSIONER BERRY: I'll vote on the motion.
CHAIRWOMAN MAC'KIE: Okay, any further discussion?
If not, all in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: That passes unanimously.
Item #8B4
STATUS REPORT ON CONTRACT NO. 97-2771, REMOVAL OF NON-SPECIFICATION
MATERIAL FROM THE NAPLES BEACH - PRESENTED
Page 57
May 25, 1999
We can move on now to an add-on item, 8(B) (4), which is -- I love
bureaucrat-ese, because we're going to talk about the
non-specification material at the beach. The rocks.
MR. ILSCHNER: Good afternoon, Madam Chairwoman, Commissioners.
For the record, my name is Ed Ilschner, your Public Works
Administrator. And I'm going to talk about rocks this afternoon, beach
rocks.
And I really welcome this opportunity this afternoon to come and
brief you on the beach rock removal process.
We provided you with attachments in your executive summary, and I
would direct your attention to the monitors, or to the attachment,
Exhibit 1, in your executive summary. I'd like to try to orient you
before I actually start talking about the project.
CHAIRWOMAN MAC'KIE: I'm sorry to -- you must have given it to me
and I don't have it. It was in the packet --
MR. FERNANDEZ: Madam Chairman, it was a late edition to the
packet. I think it was distributed either late yesterday or possibly
early this morning.
COMMISSIONER BERRY: Here it is. It was up in front of my --
CHAIRWOMAN MAC'KIE: I guess I've given it back.
Sue, could you -- I'm sorry, I just really do want to get this.
MR. ILSCHNER: I have an extra copy that would help.
CHAIRWOMAN MAC'KIE: I appreciate it, thanks.
MR. ILSCHNER: It's also being shown on the monitor for the folks
at home, as well as yourselves.
I'd like to direct your attention to the maps so that we can kind
of orient ourselves on the project, and then I'd like to carry you
through the project, if I may.
If we're looking at this particular exhibit or map, you see the
Title Exhibit 1, Project Location Map and Volume Computations. That's
the title, of course, of the exhibit.
Gulf Shore Boulevard is in this area, and the beach itself is
located by the crosshatched area that you see here. The water -- of
course, the Gulf of Mexico is out here, and north is in this
particular direction. So that kind of orients you to the beach
project. I'm going to talk in a minute about the limits of this
particular project.
But the work began on this project in March of 1998 with CBE
Trucking selected as the contractor with a contract amount of about
$499,982.
The limits of the projects, and again, directing you to the map,
extended from near Third Avenue south to just beyond 15th Avenue
south. The rock removal was -- work was conducted from the dune area.
Let me point out where the dune area is on your exhibit. The dark
line that you see, that I'm pointing to here, that's adjacent to the
property lots, would be the location of the dune area.
So work was done between the dune area and approximately 175 feet
out in the water, or out in the near shore, in the water area. And
that's this dark line that you see here. All the way down the beach.
Dark line here and it becomes a dash line in this particular area.
That was the original project limits that we worked on.
Now, work was stopped on that particular project in May of 1998
due to turtle nesting season. We resumed work in December of 1999
with a revised project limit. This limit was revised because we had
done additional testing to determine that we felt that there was
additional rock involvement beyond the original limits of the project.
Page 58
May 25, 1999
Let me point that area out to you. That is the area you see located
here. You can see that we extended it out further into the water
along this area here.
You see the little dots along the bottom of that line? That's
where our staff did additional test work to identify rock involvement
that we needed to address. So we added additional volume to the
contractor's project.
COMMISSIONER BERRY: Mr. Ilschner, can I correct? You said
December of '99. You meant December of '98, right?
MR. ILSCHNER: I'm sorry, yes, December --
COMMISSIONER BERRY: No, okay, just so we get our dates right
here.
MR. ILSCHNER:
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
extension area --
MR. ILSCHNER: Yes.
CHAIRWOMAN MAC'KIE:
MR. ILSCHNER: Here.
I'm sorry.
Okay.
And I had a question, too.
That project
-- that you just described.
CHAIRWOMAN MAC'KIE: Like between Third and Fifth Avenue south.
It extends, and then there's a little section between --
MR. ILSCHNER: I'm going to come to that. I'm going to come to
those areas, yes.
CHAIRWOMAN MAC'KIE: Because -- but it does actually go in and
out.
MR. ILSCHNER: It does go in and out, and I'll explain why that
is when -- CHAIRWOMAN MAC'KIE: Just wanted to be sure I was following the
draft.
MR. ILSCHNER: I'm pointing you right at this point to this area
here, as we started the project again in December of '98.
CHAIRWOMAN MAC'KIE: Do you know what, it might be helpful until
we get to this yellow part down here if you could zoom in. MR. ILSCHNER: Zoom in? Sure.
CHAIRWOMAN MAC'KIE: I've got my magnifying glasses on, but I
still can't see it too well.
COMMISSIONER BERRY: That's really good.
CHAIRWOMAN MAC'KIE: Tom, do you -- there you go. That's it.
Maybe it's not.
MR. ILSCHNER: I may have come in a little bit too far.
COMMISSIONER CARTER: No, that's good.
MR. ILSCHNER: But that will show you this particular area where
we've expanded the work.
I also have tried to depict on this drawing the dry beach from
the wet area, or the surf area, the water area. It's basically about
down the middle of this crosshatched area. That's where the
differentiation or the separation between water and dry sand is. So a
lot of this area that you see on this side of that line is in the
water.
CHAIRWOMAN MAC'KIE: Gotcha.
MR. ILSCHNER: Okay? I just want to try to orient with where
water is and where dry beach is, because that's very important as we
go through explaining how the project was done.
So we expanded the project from about 175 feet to 250 feet
further from the dune line along this alignment. And that was from
about Eighth Avenue to 13th Avenue South.
Page 59
May 25, 1999
Now, let me explain how we set up the project to ensure its
success. I'm going to remove this one and put a couple of profiles or
cross-sections down and explain those to you as well. And I'll leave
this zoomed up so you can kind of see that.
CHAIRWOMAN MAC'KIE: That's great.
MR. ILSCHNER: You will note a yellow line that I'll point out
with my pen. This yellow line represents the original beach
elevation, or the old native beach area, preconstruction beach
elevations.
In establishing this particular project to take rocks off the
beach, we established a template, and that's the crosshatched area.
And you can see that if you follow the template in some areas, you
would not get down to the original beach level where rocks may exist.
There was concern that this might be what would happen if we used
these templates. Coastal Engineering, ourselves on the staff
recognized that. And we placed a full-time county inspector out there
for the express purposes for ensuring the contractor, as he did his
work, went down to the native beach level, and if he found rocks even
on the native beach, which we did encounter, then he went below the
native beach elevations. To ensure that as we went through this
process, we removed every single rock that we could come across.
CHAIRWOMAN MAC'KIE: Ed, this is a guide, but if they found rock,
they went below the guide.
MR. ILSCHNER: They went well below the guide, yes. The black
line that you see here is the actual depth of excavation that the
contractor actually accomplished in this particular cross-section.
Now, this particular cross-section, if I take you back to the
overall map, would be in the Eighth Avenue area. In this general area
right here, Eighth Avenue. That's the cross-section I just showed
you.
I'll show you another example, which was down at Station 40 plus
ought. And you say, well, Ed, I don't know where Station 40 plus
ought is. It's 13th Avenue South. 13th Avenue South, if you look at
the map -- this is the pier. And 13th Avenue South is this location
right here. The block down from the pier. This cross-section is 40
plus ought or 13th Avenue South. And let's take a look at it.
Again, the crosshatching would represent what the design template
called for based on projected involvement of rock. And you can see
that we also in this case went well below the yellow line, which
represents the original beach elevation.
I personally went out on the beach and some of these depths were
seven feet and five feet below current sand elevation out there.
So using those templates and ensuring that we had a full-time
inspector on-site, we felt that that would address the concern about
the leaving of rock on the beach from a template that might not be
exactly accurate.
CHAIRWOMAN MAC'KIE: Are there places where the excavation did
not go as deep as the template?
MR. ILSCHNER: Yes. There -- we can quantify areas where the
excavation came a little above the yellow line. In fact, this one
template I had here would provide you an example of that, in this
general area here.
CHAIRWOMAN MAC'KIE: I see that.
MR. ILSCHNER: So yes, there were areas.
CHAIRWOMAN MAC'KIE: And that was based on visual inspection.
Page 60
May 25, 1999
MR. ILSCHNER: Now, let me point out that dry beach, we had
visual inspection. The dry beach area we had inspected could actually
visualize that.
Out here we used the benefit of survey information. A gentleman
out there with a rod and a laser actually taking depth information.
And then we used that depth information compared to the original
elevation information about the original beach, to make the
determination that he was below that level. And some of that
obviously was a little bit inaccurate, as you can see here, and that
we were slightly above that.
CHAIRWOMAN MAC'KIE: So where we could see, we dug until we
couldn't see rocks.
MR. ILSCHNER: Correct. And also, the contractor began to
continue to use his bucket even this those areas. And when no rock
was encountered, he ceased excavating.
CHAIRWOMAN MAC'KIE: And that's my next practical question,
because I want to understand that. Where we could -- I understand if
we had somebody out there and he could see rock, we kept digging. MR. ILSCHNER: Correct.
CHAIRWOMAN MAC'KIE: If we were below the water, I don't really
understand too much about this pole, but what you're telling me is
that if he was digging and kept getting rock, he kept going under the
water.
MR. ILSCHNER: That's correct.
We also did two things, Madam Chairwoman. We not only used the
contractor's continual digging and observing, and our inspector of
course observed those bucketfuls coming out and as they were placed,
but we also used the survey information, the elevations, because we
knew the original beach level which wasn't altered in the original
construction. So we went down and we were using that as our elevation
guide.
CHAIRWOMAN MAC'KIE: So no matter what, we went that far.
MR. ILSCHNER: We went that far, correct.
But that was the purpose of this process in using these templates
and using the inspector and using that particular method was to ensure
we got every bit of rock down to the native beach. We feel we've done
a good job in attempting to do that.
There was another concern that we also addressed during this
project, and I'll try to explain that briefly to you. And I'll go
ahead and leave this magnified a little bit.
And that was the original project; placed 220,000 yards of sand
on the beach. So this area that was under construction originally had
220,000 yards, or cubic yards of sand placed on it by the contractor.
We all know that some of that was contaminated by rock. Mother Nature
does a wonderful job in doing sand sifting, just like Mr. Cadenhead
did with his mechanical equipment out there with storms, wave events
that occurred.
Approximately 80,000 yards of that material was removed from the
beach area, immediate beach area, and was transported out to an area.
And I'll just approximate it out where the sand bar -- I have a little
line drawn here on my map that shows the approximation of the sand bar
as it develops off shore. So about 80,000 yards of material was
removed and created a sand bar in this general area.
The concern was that as this natural process took place, we were
picking rock up on the beach and moving it out off shore, and we were
not going to get that rock.
Page 61
May 25, 1999
CHAIRWOMAN MAC'KIE: And then it would migrate back.
MR. ILSCHNER: Then would migrate back and forth and create a
problem.
Well, to address that, we used the services of Naples Marine and
Dock, their big clam shell barge. And we also used Law Engineering to
go out and perform testing offshore.
And you'll notice on your drawing, and I'll try to point those
little points out along here. You'll see a lot of little points.
There's some 42 test areas that we used a clam shell to dig large
amounts of material out of the bottom. And you'll notice that every
one of these except certain areas indicate zero. We did 42 test holes
in a pattern off shore and only found 10 rocks. And those rocks
ranged in size from about a half-inch up to two-inch. And that told
us that there were no major transporting of heavy aggregate material
rock out to the sand bar area. We also tested in the sand bar as
well.
CHAIRWOMAN MAC'KIE: So all those zero percentage, zero, zeros on
here are actually where you took a clam shell --
MR. ILSCHNER: It wasn't just a tiny core sample, Madam
Chairwoman, it was a big clam shell bucket of material.
CHAIRWOMAN MAC'KIE: And you found just a little bit of rock.
MR. ILSCHNER: We found out of all that material, 42 big large
test areas, we found 11 little tiny rocks, less than two inches in
diameter. So that told us that the premise that we were going to move
all of this rock off shore did not take place, that it was confined to
the area that we were taking rock from, and I've explained, of course,
where those areas were.
CHAIRWOMAN MAC'KIE: Is there logic to that the lighter material
would move first anyway?
MR. ILSCHNER: Exactly, Madam Chairwoman. That's exactly what
occurs. And any heavy material will stay behind.
Our work was extended, our contractors -- contractor removal
rate, taking rock off the beach, was going great guns, and then he had
some difficulty and the rate production decreased, and we had to
extend our project, as you know, to May 15th, 1999.
In addition to that, the county employed an additional
contractor, Lightner, Incorporated, to go out and assist CBE Trucking
to ensure that we finished the wet area, the surf area and the dry
beach by that particular deadline.
Ail in all, the contractor processed -- out of the original
220,000 yards of material, there was 120,000 yards of material left on
the beach. I'm going to zoom out now, if I may.
CHAIRWOMAN MAC'KIE: I thought just a second ago you said it was
220.
MR. ILSCHNER: 220,000 yards of material was placed originally on
the beach. When we moved a lot of the sand out to the sand bar, that
left approximately 120,000 yards on the beach to be processed by the
contractor.
CHAIRWOMAN MAC'KIE: Okay. Before I -- and I guess these are
just approximate numbers, but I have written down that you said 80,000
moved off, so there was 140 left.
COMMISSIONER CONSTANTINE: I heard the same thing.
MR. ILSCHNER: I said there was about 80,000 that moved off and
formed the sand bar. Some of the sand moves lateral to the beach and
doesn't -- I should have mentioned that. It moves lateral or
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May 25, 1999
longitudinal parallel to the beach and doesn't actually migrate off.
So those additions are not going to add up.
I was trying to primarily address the fact that some of the
material moved off here and formed the sand bar. Trying to make the
point, Madam Chairwoman, that the migration of rock did not occur
based on our testing.
CHAIRWOMAN MAC'KIE: Okay.
MR. ILSCHNER: But the quantity of sand actually processed by the
contractor to be processed by him was 120,000 yards of material.
Our data at this point is fairly complete. In fact, we're
complete enough to tell you that we have all the information in except
the Humiston-Moore information and the Law Engineering information
that we will compile with the construction data.
But having the construction data now in-house and quantified, we
can tell you that 120,000 yards of material were processed by the
contractor. Of that, 109,000 cubic yards of material was sand, clean
sand. We removed 2,970 cubic yards of rock greater than two inches in
diameter.
Now, I broke this rock into two areas: Less than two-inch and
greater than two-inch. Because in the contract document itself, there
is a two-inch reference. And I wanted to be able to quantify for
legal purposes two-inch and less rock and greater than two-inch rock.
So if you look at two-inch and less rock, we're looking at 6,270
cubic yards of material. And of the total volume processed, that's
5.2 percent.
CHAIRWOMAN MAC'KIE: A total of 7.7 percent rock.
MR. ILSCHNER: Correct. Now, if we go back and we use the
original amount of sand and material that was placed on the beach,
because it was sifted by mother nature, if you recall, then we're only
talking less than five percent, about 4.62 percent.
CHAIRWOMAN MAC'KIE: I can't get that math. And I need to get
this. 220,000 cubic yards was put on the beach.
MR. ILSCHNER: Right. About 100,000 yards came off the beach.
Some of it moved down parallel to the beach. About 80,000 yards ended
up out in the sand bar area.
CHAIRWOMAN MAC'KIE: So the part that moved down, don't we also
need to test it?
MR. ILSCHNER: We did. We test this area out in here. That's
what we did, we tested all of this.
CHAIRWOMAN MAC'KIE: That's the sand bar. I'm talking about the
lateral.
MR. ILSCHNER: No, the sand bar is here, Madam Chairwoman. The
sand bar is out here. Intervening in here is no sand bar. There's
sand out here, of course, it deposited as it went out as well.
CHAIRWOMAN MAC'KIE: I thought when you said lateral movement,
you meant north-south.
MR. ILSCHNER: Lateral movement would be this way. Sand moves
along parallel to the current flow, plus it moves out perpendicular.
CHAIRWOMAN MAC'KIE: But, okay, if the math --
MR. ILSCHNER: The point of the matter is, 100,000 yards of
material left the beach.
CHAIRWOMAN MAC'KIE: How do we know that?
MR. ILSCHNER: Our Coastal Engineering and the data that we've
developed indicates that. We've taken survey information. We monitor
the beach elevations. And based on the original contract templates
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May 25, 1999
and elevations, at the end of the project, contractor placed 220,000
yards of material on the beach.
100,000 yards have left the beach through storm action, wave
action, et cetera. Some of it created a sand bar in this general
area. Others of that sand moved up and down the beach area.
CHAIRWOMAN MAC'KIE: So am I maybe dense? Does the rest of the
board get this? Sounds like that there's already half of the sand we
put on the beach is gone.
MR. ILSCHNER: You lose about 60,000 yards of sand a year.
CHAIRWOMAN MAC'KIE: So that's pretty true --
MR. ILSCHNER: Yes.
CHAIRWOMAN MAC'KIE: -- close to half.
MR. ILSCHNER: Be about 100 -- over 100,000 yards of sand in two
years. Right.
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
Wow.
It's supposed to --
That's why it's a --
I understand it's supposed to, but wow.
-- never-ending project.
MR. ILSCHNER: It's amazing. That's why we have 50,000 yards a
year that we plan to place on the beach. CHAIRWOMAN MAC'KIE: Okay.
MR. ILSCHNER: So that was the result of the project.
And what remains to be done? I think that's the next question.
And that's where I want to point to these other areas. And I'll try
to zoom in on those again. Get down close to those.
Okay. We have a number of areas that were identified as areas in
which the inspector, our own county inspector, determined that he had
questions with respect to the contractors clearing of those areas
after construction.
Some of these areas where he would place his processing equipment
and then he would have the stock piles of rock, and the inspector felt
he didn't do a good job of cleaning those particular areas up. There
were about seven of those areas. And they're the little small square
areas that you see mostly on the dry beach. A couple are in the wet
area down in this area, which would be down here Seventh Avenue.
Those are areas that we have done testing in and have identified
rocks. And we feel we have to go back and excavate that area. And
I'll explain how we plan to do that momentarily.
In addition to that, the inspector also -- we required him to be
working out in the surf area, out in the water, and doing sampling out
there as well. And where we had not previously identified any rock,
we did find some rock. And we identified the limits of that rock.
One of the areas was here. I have not highlighted it, because it has
been completed it. And it's identified as Area 9. Area 8 and Area
10, now those two areas were identified by our own county inspector.
He feels like they bear excavating and screening for rock. And we
concur with him, based on the data he's presented to us.
CHAIRWOMAN MAC'KIE: So what would be -- just to go back now, to
understand that -- when we looked at those profiles, and we know that
we went all the way, how could that have happened?
MR. ILSCHNER: Well, out here it's highly likely that there may
have been some rock that previously was not exposed that now became
exposed through storm action. The important thing is that we did
testing all through this area, additional testing. And this was
finally identified by our own inspectors.
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May 25, 1999
CHAIRWOMAN MAC'KIE: So the problem may be that when we look at
the profiles like you showed us before, do those profiles go off into
the water?
MR. ILSCHNER: Yes. Let me give you an example here. Well out
into the water. In fact, the dry beach makes up a lot less area that
we've processed than the water area. For example, in this particular
cross-section that I'm showing you here, this line where my pen is now
located represents the separation between water, on the beach surface
and dry beach.
So water is out here. So you can see, we're processing all the
way out to my pen. From this line all the way out to my pen in the
water. And it got quite deep out there.
CHAIRWOMAN MAC'KIE: But if you were going -- if that dark bottom
line is the excavated profile, and the yellow hatched line is the
original beach, and you went -- and you did this on the whole length
of the project, how is it that now we find these areas, 8 and 10, or
whatever the numbers were you just said? How could that happen if
this -- I mean, if this happened and it worked, how did the mistakes
occur? What's the explanation? Why do I not have to think that the
system of measurement was somewhat faulty if we've already discovered
some concerns?
MR. ILSCHNER: Well, we were using the same system, Madam
Chairwoman, that we used to identify this additional area. We were
doing that as we went along. So this was identified here in the last
several weeks.
MR. FERNANDEZ: Madam Chairwoman, maybe I can help with this
question. I think, Mr. Ilschner, the question is, if the -- if the
process was so complete in profiling the excavation, how was it -- how
did it occur that two areas were missed? How do we now have two
remaining areas that still contain rock?
.CHAIRWOMAN MAC'KIE: Thank you. That's exactly my question.
MR. ILSCHNER: Let me ask Harry Huber, our Coastal Engineering
representative, to answer that, because I'm not a coastal engineering
expert.
Harry, do you have an answer to that?
MR. HUBER: The areas that were --
CHAIRWOMAN MAC'KIE: Harry, we can't see it. You want to look up
here when you're pointing, because we can't see what you got. There
you go. Thanks.
MR. HUBER: The areas that we're talking about there is No. 8 and
No. 10. Those are areas that -- well, first of all, that particular
stretch of the beach was an area that was cleaned up last spring, not
during this process. And the work limits were landward of the
highlighted yellow section there last spring. So we didn't go out
into that area of the water last spring. That's why we -- when we
were doing this additional testing work out at additional, say, 60
feet into the water, we also did it up there to see if there was some
rock that was out there that we -- was outside the original work
limits. So that's how we identified those areas. We just didn't have
enough time to get to them with the time constraints.
CHAIRWOMAN MAC'KIE: So it's basically just a timing question
that for this year, we knew that based on your test that the limits
should go out farther into the water, and so they have been. Now, as
you've looked at last year's work, you can see that those limits also
need to be extended in those areas.
MR. HUBER: That's correct.
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May 25, 1999
CHAIRWOMAN MAC'KIE: Okay, I think I got it.
MR. ILSCHNER: A little piece of information I didn't have, Madam
Chairwoman, and I apologize for that.
CHAIRWOMAN MAC'KIE: That's all right. Okay.
MR. ILSCHNER: In looking at those areas, we've identified a
total of 6,400 -- 6,400 cubic yards of material involved. If we
relate back to the percentages of rock removed from the total, one
could project around 400 yards of rock could be involved. We're not
saying that amount, but it could be that much rock involved.
How do we plan to address that? We would recommend to you that
we address that through our annual maintenance program. We have an
annual contract. It would be our intent after turtle nesting season
to send a contractor in there and excavate all of this material. Not
put any equipment down on the beach to be processing and sifting.
That we actually load it up on dump trucks and haul it away for
processing, and that we bring clean beach compatible sand to replace
it. So we're not doing any processing on the beach, affecting
people's ability to utilize the beach. That would be our
recommendation.
CHAIRWOMAN MAC'KIE: One question I'll have on that would be, how
many truck trips does that add to the maintenance program? Because
that's a sensitive issue in that area is how many truck trips we're
going to have going back and forth.
MR. ILSCHNER: Could somebody calculate that for me?
MR. HUBER: I already have. I think that would equate to about
356 truck trips.
CHAIRWOMAN MAC'KIE: Additional trips over the previous number?
It takes us 356 trips to get this sand off the beach?
MR. HUBER: Yeah, that's based on, if you use the 6,400 cubic
yards, and each truck holds about 18 cubic yards of -- that's what it
comes to.
COMMISSIONER CONSTANTINE: Over what period of time will that
happen?
MR. HUBER: Well, I was figuring that we could do at least 50
trucks a day, truckloads a day. That equates to about seven days.
MR. ILSCHNER: Let me quantify that. I'm sorry, Harry. I think
that that's being optimistic, that we need about four weeks to
complete that when we start. So we're looking at starting at the
first of November and would complete it by the first of December. And
spread those truck trips out a little bit over that time.
CHAIRWOMAN MAC'KIE: We sure need to talk about that a lot. I
mean where, they would go and if that's worth it.
COMMISSIONER CARTER: What, to take sand out?
CHAIRWOMAN MAC'KIE: To take sand out.
MR. ILSCHNER: We would take about 356 trucks out. They would go
to an area, drop the contaminated sand, pick up new beach, clean sand,
and bring it back and deposit it. That would be the process that we
would recommend.
COMMISSIONER CARTER: Well, what would happen if you used the
Parker Net System?
MR. ILSCHNER: The what, sir?
COMMISSIONER CARTER: If you used the Parker Net System, what
would happen? Would you have to do all that?
MR. ILSCHNER: We have received some information from Mr. Parker.
I haven't evaluated it thoroughly, to answer your question, but we'll
certainly look into that.
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May 25, 1999
CHAIRWOMAN MAC'KIE: I'm certainly going to want to know before
we add another -- because you may -- well, Harry may have this number
already, but the number of truck trips already required for next
year's beach maintenance program is how many? To which we will be
adding now 350 if we go this way? Do you know that number, Harry, the
number of truck trips for next year's maintenance program?
MR. HUBER: Not offhand. But we wouldn't necessarily be doing
this section of the beach. Our priority area to begin with under that
program, it was up in Park Shore where we were going to build the test
beach. So your primary activity would be up in that area.
CHAIRWOMAN MAC'KIE: It's very sensitive. You guys know that
already about this number of big 'ol dump trucks full of dirt
traveling up and down those roads. I mean, it's just very sensitive.
COMMISSIONER BERRY: Well, and maybe we need to try an
alternative. Put the nets out there and see if it works.
MR. ILSCHNER: The other alternative, Madam Chairwoman and
Commissioners, would be simply to bring a screener in and screen it on
the beach and process it there. And that would reduce the number of
trucks as well.
CHAIRWOMAN MAC'KIE: You're not asking us to make that decision
today?
MR. ILSCHNER: No, I'm not.
CHAIRWOMAN MAC'KIE: Just going to give us -- and before we get
it, you'll give us pros and cons on both of them?
MR. ILSCHNER: That's correct. We'll look into that and work
also with the City of Naples as well. CHAIRWOMAN MAC'KIE: Please.
COMMISSIONER CARTER: And I would certain encourage us looking at
the alternative system to cut down on the truck business. MR. ILSCHNER: Yes, sir.
Another item that we remain to do is develop the
post-construction report that we would submit to the board. We expect
to have that post-construction report with all of our data in, in
approximately three to four weeks. Humiston-Moore and Law Engineering
is completing their work. If you recall, we hired them to look into
the origin of rock, how much of that rock may have been native on the
beach, how much of that rock was hauled in from the bar areas.
All of this information will be compiled. And then we intend to
submit this information to the Army Corps of Engineers and the FDEP,
Florida Department of Environmental Protection.
Based on the -- what I consider to be a Herculean effort on the
part of county, and its contractor to remove rock from the beach, and
if you look at all we've done and what we've removed, it's really an
outstanding effort. We believe that we're going to receive permit
compliance from both agencies.
I ~ust might mention that Mayor Barnett has received a letter
from the Florida Department of Environmental Protection commending the
contractor on the outstanding work the contractor and the county has
done in conducting this project. And they're very favorable toward
the county in its efforts in that regard.
The final thing, of course, is the board's direction for us to
move ahead with legal activity that would identify the responsible
parties and try to address that for the board.
CHAIRWOMAN MAC'KIE: If we ~ind ourselves with a binding of
permit compliance -- how can I ask this? That would be the good news.
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May 25, 1999
But I don't want the county to be paying this -- what's the price tag
for the project you've just described, both years?
MR. ILSCHNER: This project total with all of our engineering
costs, and it's going to be in the range probably of 500 to $575,000
total.
CHAIRWOMAN MAC'KIE: So more than a half a million dollars.
MR. ILSCHNER: More than half a million dollars.
CHAIRWOMAN MAC'KIE: I don't want to see that coming out of -- I
mean, that needs to come out of somebody's pocket besides the
county's.
COMMISSIONER CONSTANTINE: That's true. Because there's going to
be a process. We need to get to that point, and we can't just sit and
do nothing in the meantime.
CHAIRWOMAN MAC'KIE: That's right.
COMMISSIONER CONSTANTINE: So we may need to front the money, but
CHAIRWOMAN MAC'KIE: As we have.
COMMISSIONER CONSTANTINE: -- three or four weeks ago we -- I
appeared on Jeff Lionel's show, and a few days later he wrote in the
paper something to the effect of Constantine thinks we got a good deal
on this, which wasn't exactly accurate. What I said was, there are
three steps: One, we had to acknowledge there were some problems on
the beach, which we have done; two, we need to correct those problems,
which we are in the midst of; and three, we needed to pursue repayment
from those responsible. And our manager and our attorney have been
laying the groundwork for us to do exactly that.
So I don't want there to be any mistaken notion that we're just
going to pick up the tab and, oh, well, we've lost that money
somewhere along the way. I think I've heard everybody on the board at
different points say that there are some people that are responsible
out there and we need to aggressively pursue that. So if you need
direction from the board on that, I'm sure you'll get that without a
whole lot of discussion today.
CHAIRWOMAN MAC'KIE: Just one last question for David and then
Mr. Fernandez wants to talk. And that is, I think I'm understanding.
The fact that our project, if it is found in compliance post-cleanup,
that won't affect the potential liability of someone for the cleanup
cost because it was found not in compliance pre-cleanup. True?
MR. WEIGEL: You're absolutely correct in your assertion.
CHAIRWOMAN MAC'KIE: Good. Then I don't need to worry about it.
MR. FERNANDEZ: That's the point I was going to make.
CHAIRWOMAN MAC'KIE: Okay. Other questions?
You know, the board is aware that the staff is going to make this
presentation to City Council. Because this is as important an issue
as there could be to people who live there.
COMMISSIONER BERRY: Is this basically the presentation?
MR. ILSCHNER: Yes, Madam Chairwoman. This will be the
presentation that we will make to the City of Naples on June the 1st.
CHAIRWOMA/~ MAC'KIE: Are there registered speakers, or did Mr.
Boggess just come to listen?
MR. FERNANDEZ: Mr. Boggess is our registered speaker. Mr. Bill
Boggess.
MR. BOGGESS: Good afternoon.
CHAIRWOMAN MAC'KIE: Good afternoon.
MR. BOGGESS: As I asked February 24th, where did the rocks come
from?
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May 25, 1999
CHAIRWOMAN MAC'KIE: We're getting there. He's told us we're
going to have that in, what, a month?
MR. ILSCHNER: Yes, Madam Chairwoman.
MR. BOGGESS: I was told that on the 24th by Commissioner Mac'Kie
and Hancock that they all came from outside the borough area.
CHAIRWOMAN MAC'KIE: From outside? I think we've gotten a little
more educated, or I can say I have, since then. MR. BOGGESS: I see. Very good.
As far as the work that is being done, and you asked a couple of
questions. Those drawings you saw before, all except Mr. -- or Dr.
Carter. What I might do is go through a summary for Dr. Carter.
What occurred was on -- after receiving the letter I read this
morning from Mr. Fernandez, October the 9th, I filed a letter with the
Corps of Engineers and the Department of Environmental Protection
dated that same date, copied to the commissioners.
October 20th, Commissioner Hancock had prearranged a meeting with
me and he invited Ilschner and Gonzalez to talk about rocks. And he
asked them to come up with a cost estimate to remove all project
buried rocks.
December 16th, the Board of County Commissioners had a meeting
and a plan was presented. $75,000 to sift 16,500 cubic yards of sand.
This was, you know, getting all the problem off the beach.
At that particular meeting I pointed out that they were not
extending out where they should. The rocks extended 150 feet into the
surf from the high tide line. In other words, 90 foot beyond where
they left.
And Commissioner Mac'Kie said, "Just to follow up on that,
because if I understand it, the continuing problem is that the wave
action unburies, digs up some of the rocks that are currently, you
know, well under the water and well under the existing sand. I don't
want to do this for 75,000 now and then find that Mr. Boggess'
additional 90 feet of rocks are just going to wash up next year.
Let's get it all done. Be sure that we're clear, that we're getting
it all done."
Now, you received in July a photograph from me showing rocks up
on the high tide line at Fourth, Sixth and Seventh Avenue South. This
is after the contractor had completed his project. Your consultant
and your staff at that time were queried whether there was any rock
beyond the 2 plus 40. They said absolutely not. We tested that.
There is no rock out there. Guess what? You're going back now.
That's where your Area 8, et cetera, is. And they still aren't out to
the tow of the original fill.
The Corps of Engineers also stated in their letter of
noncompliance dated February 25th, 1998, after having engaged your
consultant and your staff in conversations about the rocks on the
beach, they ended up making a statement which seemed rather strange to
me but it was apparent to them that Collier County did not understand
the full scope of the problem. And they pointed out there was rock on
the beach and it extended 150-foot seaward from the mean high water
line.
CHAIRWOMAN MAC'KIE:
MR. BOGGESS: Yes.
CHAIRWOMAN MAC'KIE:
of questions?
MR. BOGGESS: Sure.
Mr. Boggess?
Can I take a risk here and ask you a couple
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May 25, 1999
CHAIRWOMAN MAC'KIE: I -- sometimes you have so much information
in your head that you give to us that we lose the effectiveness of it.
I mean, you have so much information. And I don't want to waste you
as a source that I think is valuable and I respect your research and
the work that you've done here. So my question is, if I could get you
to not look at the past but based on the presentation, because the
past still has to be looked at, no question about it, who did what and
who's got to pay still has yet to be answered.
But based upon the presentation that Mr. Ilschner gave us today,
do you see flaws? Do you see places we haven't dug that we need --
MR. BOGGESS: Absolutely.
CHAIRWOMAN MAC'KIE: Can you help, tell us where those are?
MR. BOGGESS: Absolutely. You have 25 to 40,000 cubic yards more
to excavate, which will cost you approximately $400,000 along Naples
Beach. You have done nothing on Vanderbilt Beach. You have 1,700
lineal feet in front of the Ritz. Am I done now?
CHAIRWOMAN MAC'KIE: No, sir.
MR. BOGGESS: 1,700 lineal feet in front of the Ritz that has
buried rock, thanks to Dr. Steven. He had them remove only down to
mean high water line. So there's probably 8,000 cubic yards of rock
buried below mean high water line.
CHAIRWOMAN MAC'KIE: Sir, let me get Mr. Ilschner to address,
what makes you not think that there are other rocks we should be
looking for out there?
MR. ILSCHNER: Okay. We were briefing you today, Commissioners,
on the Naples Beach, the City of Naples Beach issue. If you recall,
in the original discussion with the board on this matter, we had two
areas, Vanderbilt Beach and Naples Beach, and we developed a plan of
action. This plan of action involved completely removing rock from the
Naples Beach using Humiston-Moore and other consultants to evaluate
the involvement on the Vanderbilt Beach and put the post-construction
report together and submit two, based on our testing protocol in that
original plan --
CHAIRWOMAN MAC'KIE: At the Naples Beach.
MR. ILSCHNER: Naples Beach was one project, Vanderbilt Beach
another in the original protocol submitted to the ACOE, Army Corps of
Engineers, and the FDEP. They understood our plan approach would be
to address the Naples Beach based on what we've found there and based
on testing protocol methods, not going out and removing all of the
sand and processing it on Vanderbilt Beach. Compile the information,
submit it to the ACOE and FDEP, let them evaluate that and then they
would provide us direction as to whether they felt we had to do
anything other than use our normal beach tech equipment on Vanderbilt
Beach.
CHAIRWOMAN MAC'KIE: So the question --
MR. ILSCHNER: So that will be answered by our submittal to them.
CHAIRWOMAN MAC'KIE: By when?
MR. ILSCHNER: Well, we indicated three to four weeks to compile
the report information, then we will be submitting it to Army Corps of
Engineers and FDEP.
CHAIRWOMAN MAC'KIE: Okay. We're still asking the question as to
the Vanderbilt Beach area, but you described another section, too.
MR. BOGGESS: Well, you asked me. I'll just stay on Naples
Beach, because that's where I'm concerned. I could care less about
Vanderbilt Beach, I don't go up there.
CHAIRWOMAN MAC'KIE: That's your problem, Commissioner Carter.
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May 25, 1999
COMMISSIONER CARTER: Well, then I've got some lovely pictures
here from Mr. Ilschner to look at --
MR. BOGGESS: You do have the Ritz Hotel up there.
COMMISSIONER CARTER: -- above Vanderbilt.
MR. BOGGESS: Now, one thing that has occurred here, you have
violated your contract with abutting property owners known as an
easement. In that easement --
CHAIRWOMAN MAC'KIE: But you're talking past again, Mr. Boggess.
Can we talk about what's missing from this plan? And then I've got to
wrap it up, because everybody will shoot me if you stand up there
forever.
MR. BOGGESS: Okay. They have not gone far enough seaward.
CHAIRWOMAN MAC'KIE: Far enough seaward.
MR. BOGGESS: And they continue to not know what they're doing.
CHAIRWOMAN MAC'KIE: Okay. That's pretty succinct.
MR. BOGGESS: They -- and I don't know whether Mr. Ilschner's
cost on this particular project -- it was interesting that your
December 16th project included the cost of sand being replaced on the
beach, the actual sand. When you made them go back and redo the job
and they came up with 23,850 cubic yards for $100,000, that did not
include the six dollars and some odd cents per cubic yard of sand.
They took that from the emergency stockpile.
When I was on the beach committee, we had that emergency
stockpile there for emergencies, not for routine maintenance.
Now, Mr. Huber would not allow the contractor to haul sand onto
the beach after he went back to work. The first go-around, we were
short nearly 1,000 cubic yards.
CHAIRWOMAN MAC'KIE: But you're getting onto another subject.
MR. BOGGESS: And the second go-around, we were short probably
5,000 cubic yards.
The beach committee asked Harry and Harry agreed to put 10,000
cubic yards down at 16th Avenue, an area that had eroded away. And
you add that plus the rocks that have been removed, and we are
absolutely short. Plus the 275,000 that was never put on Naples Beach
CHAIRWOMAN MAC'KIE: Well, that's a whole other story.
MR. BOGGESS: -- plus the three or four years of the 60,000 cubic
yards that have eroded away.
CHAIRWOMAN MAC'KIE: Washed away. Okay, thank you, Mr. Boggess.
Any other speakers on this item?
MR. FERNANDEZ: No, ma'am.
CHAIRWOMA/~ MAC'KIE: If not, it was informational. Are there any
other questions for staff on this from the board?
COMMISSIONER CARTER: Well, the only comment I'd like to make,
Madam Chairman, is that I will send this down to you, Mr. Ilschner.
This is regards to Vanderbilt Beach. And I want due process done on
that beach to make sure that we've done everything we need to do and
also look at alternative systems for restoring sand.
COMMISSIONER CONSTANTINE: I'm happy to report there are no rocks
on the Golden Gate beach.
CHAIRWOMAN MAC'KIE: Congratulations.
MR. ILSCHNER: Thank you, Madam Chairwoman.
MR. BOGGESS: Can I say one more thing?
CHAIRWOMAN MAC'KIE: No, sir. I can't let you. I'm sorry. I
can't.
Page 71
May 25, 1999
Item #8C1
AUTHORIZATION TO DP~AW FUNDS FROM THE RECENTLY AUTHORIZED LINE OF
CREDIT LINE OF CREDIT AND EXTEND THE CLOSING DATE ON THE NORTH NAPLES
REGIONAL PARK PROPERTY - STAFF RECOMMENDATION APPROVED
The next item is 8(C) (1), public services. Has to do with the
funding and the line of credit for the North Naples Regional Park
property.
COMMISSIONER CONSTANTINE: Move approval.
COMMISSIONER NORRIS: Second.
CHAIRWOMAN MAC'KIE: Discussion? Registered speakers?
MR. FERNANDEZ: None.
COMMISSIONER NORRIS: Mr. Olliff does want to say something.
CHAIRWOMAN MAC'KIE: Mr. Olliff?
MR. OLLIFF: Thank you very much. Public Services Administrator,
Tom Olliff.
An issue has come up that I need to get some board direction on,
outside of what's in the executive summary. And that is, the line of
credit in order to close requires certain paperwork that will not be
able to be produced and ready in time for the closing, which was
scheduled for March 28th.
There are a couple of choices in that case. And one is to extend
or amend the purchase contract on the property for two weeks, which is
part of what's being recommended. But the property owner has
requested compensation in return for that.
The property owner was gracious enough to grant us an original
amendment to the -- and provide an extension without compensation. At
this time, he didn't feel like the trustees would be willing to do
that. His price for the extension is approximately $1,100 per day.
CHAIRWOMAN MAC'KIE: That's an interest number?
MR. OLLIFF: That is an interest number.
CHAIRWOMAN MAC'KIE: Whose delay? Our delay?
MR. OLLIFF: It is our delay in terms of putting the financing
together for this closing.
COMMISSIONER CONSTANTINE: Why the delay?
MR. OLLIFF: The delay was because the original funding source
that we had intended to use was going to be community park impact fees
that was the lion's share of the funding.
It's since been determined between the consultant that we had
doing the parks impact fee update and the county attorney's office
that the communitypark impact fees shouldn't be used for this project
because they are determining that it is more of a regional park than a
community park. And they're saying that because the funds were
collected under the old impact fee ordinance, they should be spent
under the terms that were there under the old ordinance.
The other option is to go ahead and close by the 28th and avoid
that penalty charge. But that would require that the county borrow
some funds internally. And that's my recommendation to you, is that
we borrow money from the solid waste fund, the 470 refund, rather than
the general fund reserve, because this is a $4,250,000 amount.
The solid waste fund has in excess of 20 million dollars. We
would borrow that for a period of roughly two weeks, in time to get
the line of credit closed, repay the solid waste fund, and pay the
solid waste fund interest that would have been earned on that money
during the two-week period of time.
Page 72
May 25, 1999
COMMISSIONER CONSTANTINE: Is that interest a smaller amount?
MR. OLLIFF: Yes, sir, it's a smaller amount.
CHAIRWOMAN MAC'KIE: I thought you were going to say that there
was an alternative, that either we could pay him this $1,100 interest
today day or. Was there an or?
MR. OLLIFF: There is an or. Or we close by the 28th by doing
internal borrowing. And that's my recommendation.
COMMISSIONER CONSTANTINE: Is there another alternative that we
go with our original plan and then amend that two weeks later? MR. OLLIFF: You lost me.
COMMISSIONER CONSTANTINE: When you were -- you explained the
reason was we got an interpretation on the use of community park
impact fees.
MR. OLLIFF: Right.
COMMISSIONER CONSTANTINE: What if we went ahead and used those
as we originally thought we would, and then the two weeks following
that, then we come back and amend that and alter what source is being
dedicated so we don't pay interest to solid waste, we don't pay
interest to that person, we merely correct our own action.
CHAIRWOMAN MAC'KIE: Would our lawyer let us do that?
COMMISSIONER CONSTANTINE: Saves 15,000 bucks, or whatever that
MR. OLLIFF: The risk to that is whether somebody who had paid
the impact fee originally would object to that and file suit.
COMMISSIONER CONSTANTINE: But if it's corrected in two weeks, it
becomes a moot point.
MR. OLLIFF: I agree.
COMMISSIONER CONSTANTINE: Seems like a pretty easy way to save
$z5,000.
MR. WEIGEL: If asked -- am I asked? I will tell you that it's
an inappropriate use of the impact fee money, even if it's a slight
borrowing for a brief period of time.
CHAIRWOMAN MAC'KIE: So we can --
MR. WEIGEL: I don't think it's a question of whether a suit or
filed or not. The question is whether it's an appropriate use. And
our legal review is that it is not an appropriate use.
COMMISSIONER CONSTANTINE: Well, one suggestion might be that we
go ahead and follow that use while you study that in depth. And if
you were to come back in a couple of weeks and tell us you were sure
it was an inappropriate use, we could alter that and still save that
$~s,000.
CHAIRWOMAN MAC'KIE: John?
COMMISSIONER NORRIS: What is the issue? If we're going to pay
it back in two weeks, no matter who we would borrow it from, what is
the issue with the general fund reserves?
MR. OLLIFF: There's no issue there, other than we would be
obligated, I think in any case, to repay either general fund or the
solid waste fund the interest that that money would have earned had it
been left in the account. And because we're talking about $4,250,000,
the current general fund reserve balance is only about five and a half
million dollars. And professionally, I'd be uncomfortable
recommending that you take the general fund reserve down to a million
dollars even for that short period of time.
CHAIRWOMAN MAC'KIE: As much as I'd like to do it, too, as
Commissioner Constantine's suggests, I'm afraid, though, that we find
ourselves in the same boat. Wouldn't we, at the end of the two weeks
Page 73
May 25, 1999
when we get our final, final opinion from the county attorney that
says no, no, this really is an appropriate use, wouldn't we at that
point have to pay interest to that impact fee fund that we had perhaps
in hindsight inappropriately tapped? I mean, I don't think we could
get there.
MR. OLLIFF: I do think we're talking about a significantly
smaller amount of money, too, because I believe that the two-week
period is the longest extent of time that it could possibly take, in
my opinion.
And I believe that we can close shortly after the 28th on the
line of credit and take down whatever internal note that we put
together, and the interest then would be a number of days rather than
a two-week period.
And even if it were two weeks, we've estimated that interest
would be between eight and $10,000. So I don't think we're talking
about a tremendous amount of money in either case.
The other option the board has is to provide that money interest
free. And if the board wants to do that, it has that ability as well.
COMMISSIONER CONSTANTINE: Either way, the taxpayer ends up --
CHAIRWOMAN MAC'KIE: Yeah, the same pocket.
COMMISSIONER CONSTANTINE: I don't think we legally could do that
at a solid waste fee. I don't think we could just opt not to pay the
interest back on that, because it's its own fund. CHAIRWOMAN MAC,KIE: Mr. Weigel?
COMMISSIONER CARTER: What would we legally have to pay in
interest, prime?
MR. OLLIFF: No, Our recommendation would be we pay the same rate
that that fund would be generating. And it is being re-paid out of
your impact fee funds for parks, and it is the same type of interest
that you would pay if a line of credit were taken down at the 28th
anyway. So it's no additional financing cost to your impact fee fund.
So my recommendation is still that you borrow money from the
solid waste fund from that short period of time, authorize the line of
credit documents, authorize the closing and everything else that's in
your executive summary recommendation.
CHAIRWOMAN MAC'KIE: So we had a motion.
MR. FERNANDEZ: Madam Chairwoman?
COMMISSIONER CONSTANTINE: Separate question.
MR. FERNANDEZ: I could try to shed a little more light on that
interest question.
Typically what drives the requirement to pay interest are bond
covenants. And in this case we don't have that in the solid waste
fund. So there may be business reasons, but I don't believe there are
legal reasons why there would be the requirement to pay interest.
COMMISSIONER CARTER: So we wouldn't have to pay any interest.
CHAIRWOMAN MAC'KIE: To the solid waste fund.
COMMISSIONER CONSTANTINE: I would really raise a question there,
because that is a fee for a specific purpose, it is collected
separately. It's not a general tax, it is a fee the Solid Waste Fund
has collected for the specific purpose of dealing with solid waste.
And if you were to use that money and not pay interest, you're
essentially taking whatever the amount of that interest away from the
fund that has specifically been collected for. I think we're walking
on dangerous ground.
CHAIRWOMAN MAC'KIE: I'm not comfortable doing that either, even
if we legally could. It's a different thing from a business decision.
Page 74
May 25, 1999
MR. FERNANDEZ: It's a business decision, I think, primarily.
CHAIRWOMAN MAC'KIE: Do you have something you need to say,
David?
MR. WEIGEL: Well, I just wanted to make it clear that it's not
that I've come to a temporary preliminary decision about the use of
the impact fees. My opinion is, make it clear, that it's an improper
use of the impact fees, even if it's a loan for a short period of
time.
Also, I'd hate for us to be in a position where we think we've
got the, quote, loan from a particular funding source and on closing
day we don't have a check because the clerk hasn't written a check.
And it's my understanding that in regard to using the solid waste
enterprise fund, in talking with Mr. Olliff in the course of the
meeting today, that that has already been discussed with the clerk's
office and they understand that it may be used under certain auspices.
You might want to clarify for the record, Tom, whether in fact
you discussed the interest concept or not with that fund repayment.
MR. OLLIFF: We did discuss with the finance director the use of
the solid waste funds. And I think the only conversations that we had
were always in terms of repayment at the interest rate that that fund
was currently earning.
COMMISSIONER CONSTANTINE: Separate question. Construction dates
and completion dates of this. I get asked that quite frequently, and
I don't know the answer.
MR. OLLIFF: We're estimating that this particular project, from
the time of closing, will take approximately one year to do design and
permitting. If we get into permitting issues, that could stretch out
to 18 months, as long as. Construction following that would be about
a year to 14 months beyond that. So we're looking at anywhere from
two to two and a half to two and three-quarter years.
Now, some of that is tied to the construction schedule of the
Livingston Road segment there as well.
COMMISSIONER CONSTANTINE: I understand.
MR. OLLIFF: And we will -- we are right now trying to work with
transportation department to see if there are some opportunities to
accelerate that road construction as well.
CHAIRWOMAN MAC'KIE: If that -- I don't know -- I should, but
don't know if that's in our little public works binder that you update
for us quarterly. That -- although technically not a public works
project, it'd sure be a nice one to get in that --
MR. FERNANDEZ: Yes, it's there.
CHAIRWOMAN MAC'KIE: -- in that loop.
All right. So we had a motion and second, I think, on the floor.
Does the motion -- who made it?
COMMISSIONER NORRIS: Tim.
COMMISSIONER CONSTANTINE: I did.
CHAIRWOMAN MAC'KIE: Did you make it, Tim?
Does the motion incorporate Mr. Olliff's recommendation?
COMMISSIONER CONSTANTINE: It will.
CHAIRWOMAN MAC'KIE: And does the second?
COMMISSIONER NORRIS: Second amends.
CHAIRWOMAN MAC'KIE: And is there further discussion?
Does Sandy have something we need to talk about?
All in favor, please say aye.
Opposed?
(No response.)
Page 75
May 25, 1999
CHAIRWOMAN MAC'KIE: And that passes unanimously.
We can move on now to the discussion about the six-cent gas tax.
MR. FERNANDEZ: Madam Chairwoman, I think it's more appropriate
that we take this item up in conjunction with the public hearing item.
CHAIRWOMAN MAC'KIE: You told me that. I'm sorry.
MR. FERNANDEZ: I neglected to mention that when we talked about
ordering the agenda earlier.
Item #gA
RECOM/4ENDATION TO CONSIDER A SETTLEMENT PROPOSAL IN THE CASE OF BAMBI
HENDERSON VS. COLLIER COUNTY, CASE NO. 97-3387-CA-01, PENDING IN THE
TWENTIETH JUDICIAL CIRCUIT COURT - ATTORNEY PIVOCEK TO PROCEED
W/LITIGATION
CHAIRWOMAN MAC'KIE: I'm sorry, you did tell me that, so I'll
withdraw that and go back now to the County attorney's support
settlement proposal in the case of Bambi Henderson.
This is a tough one for me, because there's just no liability,
but it's a cheaper settlement than it would be to hire the experts to
defend the case.
MR. PIVACEK: I can't try it for less than -- for the amount of
money. I've discussed this with the board. I'm here and Jeff Walker
is here from Risk Management Department to answer any questions that
the board has.
Commissioner Norris?
COMMISSIONER NORRIS: Name?
MR. PIVACEK: Oh, I'm sorry. For the record, Larry Pivacek,
outside counsel for Collier County on the Henderson versus Collier
County case.
CHAIRWOMAN MAC'KIE: Did you say I can or I cannot?
MR. PIVACEK: I can't try it for $2,500.
CHAIRWOMAN MAC'KIE: You cannot try it for less than --
MR. PIVACEK: No. As I said in the executive summary, we're
going to have to hire a physician in order to do an independent
medical examination of the plaintiff child in this case, and then I'll
probably have to videotape his deposition.
However, I did explain to the commissioners, individually as well
as in my executive summary, what we feel our exposure is on this case
and what type of a liability case it is. So both myself and staff,
being the risk management department, are just asking for direction
from the board with respect to whether or not we want to stand by the
$2,500 settlement offer or just proceed to trial. So I'm just asking
for direction.
COMMISSIONER CONSTANTINE: Madam Chair, as unappe'aling as it is
to settle, I think if we can do that and save the taxpayers some
money. And when you go to trial, you always incur that risk that they
could not -- you know, as sure as we may be that we are in the right
here, you incur some risk that there could be a judgment against you.
So I'll make a motion we go ahead and follow through with the
$2,500 settlement.
COMMISSIONER BERRY: Second it.
CHAIRWOMAN MAC'KIE: Is there discussion on the motion?
COMMISSIONER CARTER: Well, I would like to discuss that. I
respectfully disagree with Commissioner Constantine. I understand
Page 76
May 25, 1999
from your discussion with me that these people could end up having to
pay our court fees.
MR. PIVACEK: If I did an offer of judgment in this case,
correct.
COMMISSIONER CARTER: That's right.
MR. PIVACEK: That's a possibility.
COMMISSIONER CARTER: I really ~- and they've already taken
$10,000 in settlement fees in this case from two other sources.
MR. PIVACEK: My understanding is those are offers that are
potential in this case. They haven't been finalized with respect to
the court matter. And those are representations made to me by their
attorneys.
COMMISSIONER CARTER: Well, what I really don't like about this
is that there's no personal responsibility here. He have a child that
was playing on a wall, jumped and grabbed the limb and broke his arm.
So what we send as a message to everybody is hey, my kid's never
responsible. If he breaks his arm, let's go sue somebody.
And I don't like it. I don't like to risk taxpayers' dollars in
this. But there's a wrong message being sent here. There is no
personal responsibility on the part of the family or the child.
And we're buying into my favorite term, legalized extortion,
because somebody figures that they can go collect a bunch of money
from several source. They already got 10,000 on the table, why not
add Collier County on it because they've got deep pockets? And that's
why I'm opposed to us not taking this to court and trying this and to
try to get some resolution here to stop some of this stuff. It's a
societal thing for me.
CHAIRWOMAN MAC'KIE: Larry, if you had to try this case, the
expert -- the doctor's going to be 1,000 bucks?
MR. PIVACEK: I mean, I'd say anywhere between 1,000 and 2,000.
CHAIRWOMAN MAC'KIE: So would you be willing to cap your fee at
2,000?
MR. PIVACEK: I'm always open for discussion with Mr. Weigel and
Mr. Fernandez.
CHAIRWOMAN MAC'KIE: So that we know that our fee exposure is
2,000 for you and max 2,000 for the expert?
MR. PIVACEK: Yeah, I mean, I don't want to get into what my fee
would be right in front of the board here. But, I mean, if the board
is looking to make it a viable -- make it a viable option in order to
try the case, then, you know, I mean, I have a contract with the board
and me and Mr. Weigel speak routinely, so --
COMMISSIONER CONSTANTINE: Just to -- I understand it's not
appealing, and I understand the point you're trying to make. I think
that's going to be achieved through tort reform, not through Collier
County standing up and puffing its chest and saying we'd rather pay
more money to take a risk than pay less money and be done with it.
MR. PIVACEK: That's why, Commissioner Constantine, I had to
bring to the board, I can't try the case. The way my contract is
structured and the way -- the experts I'd have to retain in order to
try the case, I cannot try it for less than $2,500. As my ultimate
client, I had to give you that representation.
COMMISSIONER CONSTANTINE: I understand. It's very distasteful.
The idea of settling is very distasteful. But I -- COMMISSIONER CARTER: Very distasteful.
COMMISSIONER CONSTANTINE: -- honestly don't think it's going to
make a darn bit of difference if we settle, whether or not the next
Page 77
May 25, 1999
person says well, I'm going to try to sue, either. I think the answer
is in the legislature or in the federal government with some tort
reform rather than us trying to stand tough and spend more money.
COMMISSIONER BERRY: I agree with Commissioner Carter, and I
agree with Commissioner Constantine. There's no question, I hate
handing them money.
CHAIRWOMAN MAC'KIE: I just agree.
COMMISSIONER BERRY: I agree. I mean, there's nothing you can do
and it makes me angry when I saw the pictures and saw all of this, I
thought what in the world. And it just -- but there are people out
there that are going to do this.
COMMISSIONER CARTER: And all we do every time is we settle these
things, we reinforce to them it's okay not to be responsible. And
somewhere -- I want to draw the line. I can't go with this no matter
what the rest of the board does. I'm sending a message that I'm not
COMMISSIONER NORRIS: Well, there's principle involved here.
You're right, Commissioner Carter, there's principle involved here.
And I don't think we're at risk for any tremendous amount of money in
this in any case. I think --
COMMISSIONER CARTER:
fees --
COMMISSIONER NORRIS:
going to win --
COMMISSIONER CARTER:
COMMISSIONER NORRIS:
COMMISSIONER BERRY:
If that's $75,000 chance in interim service
-- our chances are very good that we're
-- I'm willing to spend 4,000 --
I'm not going to go for settlement either.
Well, then maybe I ought to withdraw my
second and we'll -- maybe we ought to set a precedent here.
CHAIRWOMAN MAC'KIE: I guess just to put forth the other side of
the argument, it is true that it is a principle and the principle is
about responsibility, and as much as I would rather pay Larry more
than $2,500 than pay a faulty claim a nickel, I also know that my
greater responsi -- if it's my money, I can do what I want to with it.
If it's my money and I want to stand for a principle, then I can.
It's not my money. I don't have that option. It's a responsibility
-- my responsibility is to keep the taxes low by paying the least
amount out I possibly can.
COMMISSIONER BERRY: Is this a moral responsibility that we have?
CHAIRWOMAN MAC'KIE: You know, maybe.
COMMISSIONER NORRIS: Could you --
MR. FERNANDEZ: Madam Chairwoman.
COMMISSIONER BERRY: I'm going to withdraw my second. I think
we're going to go to court.
CHAIRWOMAN MAC'KIE: Okay, we have a motion. Do we have a
second?
COMMISSIONER BERRY: I've withdrawn my second.
CHAIRWOMAN MAC'KIE: Okay, just seeing if anybody else wants to.
If not, it's going to die for lack of second. And --
COMMISSIONER NORRIS: Going to court.
MR. PIVACEK: Yeah, I was just asking for direction. So is there
a motion and a second that I should -- that myself and staff should
proceed to litigation?
COMMISSIONER BERRY: We haven't -- no, we need to make --
COMMISSIONER CARTER: I move we go to court.
CHAIRWOMAN MAC'KIE: Is there a second for that one?
COMMISSIONER NORRIS: Second for that one.
Page 78
May 25, 1999
CHAIRWOMAN MAC'KIE: Ail in favor, say aye.
Opposed?
COMMISSIONER CONSTANTINE: Aye.
CHAIRWOMAN MAC'KIE: Passes 4 to 1.
MR. PIVACEK: Thank you, board.
MR. WEIGEL: Thank you.
Item #10A
RESOLUTION 99-251 APPOINTING SARA BETH WHITE, GARY HAYES AND LES
DICKSON TO THE CONTRACTOR'S LICENSING BOARD
CHAIRWOMAN MAC'KIE: Okay. Appointment of members to the
Contractors' Licensing Board. I do not know Sarah Beth White, but I
was certainly excited to see her application there. She does live in
my district. And under the consumer category, she appeared to be an
extremely informed consumer. So I'd like to put her name forward. We
need a couple of more.
COMMISSIONER CONSTANTINE: I'd like to reappoint Gary Hayes.
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
to waive terms for?
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
And Les Dickson.
And none of those are the ones that we have
No.
Okay. So there's a motion.
Second.
And a second for Gary Hayes, Les Dickson,
and Sarah Beth White. Further discussion?
Ail in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
Page 79
RESOLUTION NO. 99-251
1999
RESOLUTION APPOINTING AND REAPPOINTING
MEMBERS TO THE CONTRACTORS' LICENSING BOARD.
WHEREAS, Collier County Ordinance No. 90-105, as amended, created the Contractors'
Licensing Board and provides that the Board shall be composed of nine (9) members appointed
by the Board of County Commissioners with a minimum of two (2) members residing within the
corporate city limits of Naples or recommended to the Board by the Naples City Council; and
WHEREAS, effective October l, 1998, Section.489.131(10), Florida Statutes, requires that
every contractors' licensing board consisting of seven or more members must have at least 3 of
those members qualify as consumer representatives.
WHBREAS, there is currently a vacancy for a consumer representative seat, and two (2)
terms will expire on June 30, 1999, creating a total of three (3) vacancies on this Board; and
WHBREAS, the Board of County Commissioners previously provided public notice
soliciting applications from various interested parties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Sara Beth White meets the prerequisites for appointment and is hereby appointed as
Consumer Representative to the Contractors' Licensing Board for a three year term, said term to
expire on June 30, 2002.
2. Gary F. Hayes meets the prerequisites for appointment and is hereby reappointed under
the category of Plumbing to the Contractors' Licensing Board for a three year term, said term to
expire on June 30, 2002.
3. Les Diekson meets the prerequisites for appointment and is hereby reappointed under the
category of Roofing Contractor to the Contractors' Licensing Board for a three year term, said
term to expire on June 30, 2002.
This Resolution adopted after motion, second and majority vote.
DATED: 'May 25, 1999
-~ ~i":'A ,TTEST:' ' ':'; ;:':?:' :
:': : uGHT E,':BR,OCK, Clerk
'.~ .... ,.. · · ,, .
· " ,.":Appwved ~'to"~q~ ~d
County Attorney
DCW/kn
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, Chaff'woman
May 25, 1999
Item #10B
RESOLUTION 99-252 APPOINTING FAY BILES AND ANDER LECRONE TO THE
COLLIER COUNTY WATER AND WASTEWATER AUTHORITY
COMMISSIONER BERRY: I'd like to make a motion for the next ones,
the water -- waste water authority. We have two applicants and two
appointments. One lay member, one technical member. Both of them fit
the appropriate category. So Fay Biles and Andre LeCrone.
CHAIRWOMAN MAC'KIE: Is there a second?
COMMISSIONER CONSTANTINE: Second.
CHAIRWOMAN MAC'KIE: All in favor, say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
Page 80
RESOLUTION NO. 99-252
A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO
THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY
WHEREAS, Collier County Ordinance No. 96-6, created the Collier County Water and
Wastewater Utilities Regulatory Ordinance and provides that the Authority shall be composed of
five (5) members appointed by the Board of County Commissioners; and
WHEREAS, Ordinance No. 96-6 provides that three (3) members of the Authority shall be
technical members and two (2) members of the Authority shall be lay members; and
WHEREAS, there are currently two (2) vacancies on this Board under the categories of Lay
Member and Technical Member; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Andre M. "Monty" LeCrone is hereby appointed under the category of Technical
Member to the Collier County Water and Wastewater Authority for a four year term, said term to
expire on May 21, 2003.
2. Fay R. Biles is hereby reappointed under the category of Lay Member to the Collier
County Water and Wastewater Authority for a four year term, said term to expire on May 21,
2003. W
This Resolution adopted after motion, second and majority vote.
ipATE,D,.:. May 25, 1999
.'Approved ns to ro~ and
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, Chairman
County Attorney
DCWdm
May 25, 1999
Item #10D
REAPPOINTMENT OF ONE MEMBER TO REPRESENT THE BCC AT DCA - NO ACTION
We have already handled 10(C).
Commissioner Norris added a matter on about who should represent
the board at the Department of Community Affairs.
COMMISSIONER NORRIS: Yes, Madam Chairwoman, the meeting on the
8th of June I think is going to be a very, very important meeting.
And I think that if you were our representative, you would be placed
in a fairly awkward position of having opposed what we're trying to
do, and then on the other hand, go up there and try to advocate that
same position.
I know you're trained as a lawyer and all that, but I think this
is a very important meeting. And I would just suggest that -- in
fact, I'll make it a motion, that we send Commissioner Constantine,
because he's very familiar with the item as well and was a proponent
of it. In fact, one of the originators of the movement. And beyond
that, he has some personal contact with Secretary Seibert in the past.
So I would like to put that out for the board as a motion.
CHAIRWOMAN MAC'KIE: I assume that you mean -- you said the 8th,
do you mean the staff meeting or do you mean the meeting at the
Governor and Cabinet?
COMMISSIONER BERRY: The 22nd.
COMMISSIONER NORRIS: Well, yeah, but there's a meeting on the
8th. And I know -- I believe I heard you say that you didn't want to
send a representative at all.
CHAIRWOMAN MAC'KIE: Yeah, I was not planning to go on the 8th.
COMMISSIONER NORRIS: Well, I think we should send somebody on
the 8th, and I would like to suggest that that be Commissioner
Constantine. Then of course it would only make sense that he follow
up on the 22nd as well.
CHAIRWOMAN MAC'KIE: Well, I -- I'm going to tell you guys that I
feel very strongly -- I know, John, you never wanted me to be chairman
of this board. You've blocked it for four years. It finally happened
over your objection. I'm either chairman of this board or I'm not.
And this is appropriate for the Chair to take to the state and to the
Governor and Cabinet.
I have developed a rapport with Secretary Seibert. He and I are
quite friendly. And I am more than competent, more than able to
advocate for the position of the board, not only as a result of my
training as a lawyer, but frankly, because of my own personal ethics.
You guys give me a job, I know how to go and do it. I did that when I
went before to Tallahassee. I can do that again. And I think it
would signal a lot of discord if someone other than your chairman goes
and someone other than the person who would originally goes.
I have started this discussion with Secretary Seibert, I would
like to continue this discussion, and I am the Chair of this board.
And I would like to serve in that capacity for the year that I serve
as Chair.
I am confident -- and there will be others around me who will be
there, who can report back to you, if you would like, whether or not
-- you can be on the phone, John, if you want, to listen to see if I'm
doing an adequate job of representing this board's position. But I am
capable of representing this board's position, I am committed to
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May 25, 1999
representing this board's position, and I'm the chairman of the board.
So I strongly object to your motion.
COMMISSIONER NORRIS: Well, I can see that you do. And you seem
to have taken it personally, which it wasn't meant to be. But I don't
know that it's written anywhere that it has to be the chairman that
represents the board on this matter, so --
CHAIRWOMAN MAC'KIE: There is a second for the motion?
COMMISSIONER CONSTANTINE: Let me make a different suggestion
that might serve all of us. That is staff's going up on their -- my
understanding is you didn't intend to go the 8th, you intended to
the 22nd.
CHAIRWOMAN MAC'KIE: My hope is to miss one board meeting and not
two.
COMMISSIONER CONSTANTINE: We've made some suggestions today
earlier following our discussions, and I'd like to see where those
discussions with our staff and DCA staff
What I would offer instead of replacing you the 22nd is, if we're
not pleased with where those discussions go on the 8th, Secretary
Seibert's a friend of mine, and what I will do is if the board would
like, in the interim, in between that time, I'll go up there and spend
some time outside the office and see if there's a way that we can
into that meeting hand in hand, and may end up playing good cop, bad
cop. I go up and extend the hand and see what we can do. And you
up and --
CHAIRWOMAN MAC'KIE: If it's necessary, I certainly want us to
use every resource we have.
COMMISSIONER CONSTANTINE: That's all I'm saying, is if in
between those meetings, if that can be a benefit, great. If we come
out of those staff meetings, we don't need to do that, I don't care.
I'd rather not take a day trip to Tallahassee anyway. But if that's
helpful, I can go spend some time with Steve and see where we can
And then if you need to go in and be the tough on the 22nd, then
that's fine, too.
CHAIRWOMAN MAC'KIE: And I have no objection. And I count on and
don't have any question that everybody in this community who can will
be communicating to the secretary and to the Governor and Cabinet. I
certainly would want to use that leadership Florida connection,
absolutely.
COMMISSIONER CONSTANTINE: And that's something that maybe after
we hear back from staff's meeting on the 8th then, you know, we can
weigh whether that's even necessary. It may not be. But that way if
we can take advantage of that, that's great. We'll see where we
COMMISSIONER NORRIS: You're not saying you're going to go up
there on the 8th, but --
COMMISSIONER CONSTANTINE: Correct.
COMMISSIONER NORRIS: -- if necessary, between the 8th and 22nd.
COMMISSIONER CONSTANTINE: Yeah. Let staff do what they do on
the 8th.
COMMISSIONER NORRIS: That's satisfactory.
CHAIRWOMAN MAC'KIE: So are you withdrawing your motion?
COMMISSIONER NORRIS: Yes.
CHAIRWOMAN MAC'KIE: Thank you.
***We can go to public comment on general topics. Do we have
speakers or is Ty gone for the day?
MR. FERNANDEZ: No speakers.
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May 25, 1999
CHAIRWOMAN MAC'KIE: Now, please don't let me lose sight, Mr.
Fernandez, of when I should go back to that 8(E) (1).
MR. FERNANDEZ: We'll announce that after the public hearing.
CHAIRWOMAN MAC'KIE: Okay. I got it. I see now.
Item %12B1
PETITION R-99-3, GEOFFREY PURSE OF PURSE ASSOCIATES, INC. REPRESENTING
GOLDEN GATE INN, REQUESTING TO CHANGE THE ZONING CLASSIFICATION OF A
PROPERTY FROM .GC. GOLF COURSE TO "C-3 INTERMEDIATE COM)~ERCIAL
DISTRICT - DENIED
Okay, 12(B) (1) is zoning amendment. Jeff Purse representing the
Golden Gate Inn. See, this is a public hearing, so all persons
wishing to be heard on this matter, please stand, raise your right
hand and be sworn in by the court reporter.
(All speakers were duly sworn.)
CHAIRWOMAN MAC'KIE: As far as disclosure, I have not met with
anyone on this item.
COMMISSIONER BERRY: Nor have I.
COMMISSIONER NORRIS: Nor have I.
COMMISSIONER CONSTANTINE: I may have had some limited contacts,
and I'm admiring that great looking tie he's got on. CHAIRWOMAN MAC'KIE: Great tie.
Okay. This was an item I was surprised not to see on the summary
agenda. I understand it's not on the summary agenda because of one
letter of objection.
COMMISSIONER CONSTANTINE: Could I just raise, the issue is I
think fairly cut-and-dry. That corner out there has not been the most
attractive for awhile. And this is an opportunity to dress it up a
little bit, put something productive and good there. The only
question I had was the access issue, making sure we have appropriate
access out at Golden Gate Parkway that doesn't interfere with the rest
of the traffic.
MR. BADAMTCHIAN: Chahram Badamtchian, from Planning Services
Staff.
That's one of the problems that the transportation department is
having with this project. They are proposing right in and right out
on Golden Gate Parkway and 951, which the applicant is not agreeing to
that. They want at least one full median opening on the side. And
that's what Mr. Ed Kant is going to address.
CHAIRWOMAN MAC'KIE: Is that -- I don't quite understand. Can
you help me understand the question, Tim?
COMMISSIONER CONSTANTINE: Sure. My understanding is staff
recommendation is a right in on Golden Gate Parkway but no exit on
Golden Gate Parkway because of its proximity to the intersection.
MR. BADAMTCHIAN: Correct. Right in and right out.
COMMISSIONER CONSTANTINE: And a right out on County Road 951.
CHAIRWOMAN MAC'KIE: You might want to zoom that out or
something. There we go.
COMMISSIONER NORRIS: The map shows a right in, right out.
MR. KANT: Good afternoon, Commissioners. Edward Kant,
Transportation Services Director.
During the review of this project, I raised a concern about that
particular median opening, which is shown near the intersection of
Golden Gate Parkway and 951.
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May 25, 1999
The petitioner's correct in their statement during the
application, that median had always been there a long time. But it
was there a long time with a much less intensive use. I believe there
were some tennis courts and there was the old motel units which at one
point were condo units.
Our concern is the traffic in the area has been building, is
going to continue to build to some extent, and we're not very
comfortable in approving the -- that this intersection be left as a
full intersection. We had no objection to a westbound left in to the
northern shopping center, which would -- there's a turn lane here to
get in here. But we're concerned the traffic coming off of 951 and
heading east -- heading west, and then wanting to turn in here is
going to encounter traffic backed up waiting for this signal.
COMMISSIONER CONSTANTINE: What's the distance there, Ed? Because
I'm familiar visually, and I know that it's extraordinarily short, and
it really is not going to work, but it might help if you could put a
number on how far that is.
MR. KANT: I don't have an exact number, Commissioner.
CHAIRWOMAN MAC'KIE: Well, you could throw a rock. I mean, it's
a short distance.
MR. KANT: The depth of that lot, I believe, is only a couple
hundred feet, so at best it's a couple hundred feet. But that's a
speculation, sir. I can't give you an exact number.
COMMISSIONER NORRIS: Mr. Kant, are you proposing that we close
that median opening?
MR. KANT: We were concerned with perhaps constraining it.
Closure is always a last option. But we would see an eastbound left
to get into that northern shopping center, because the turn lane is
there. And any cuing would still be in that turn lane.
The problem, as I said, is not with that, the problem would be
with a left -- westbound left into the site or a westbound exit from
the site, especially with traffic cued in here and the crossing
movements. We're very, very concerned about that.
CHAIRWOMAN MAC'KIE: So you could redesign that median cut to
prevent the turning movements that are problematic?
MR. KANT: That, we can do. We do that all the time. The issue
is that the petitioner is concerned that -- and it probably relates to
the marketability of the site, but from a technical point of view, we
have some serious concerns with that increase in traffic and that
median opening at that location.
COMMISSIONER CONSTANTINE: I'll tell you, nobody would love to
see this corner developed any more than I would, with the exception of
the owner of the property, probably. But I share your concern on that
westbound left-hand turn.
COMMISSIONER BERRY: I agree.
CHAIRWOMAN MAC'KIE: Yeah, it sure makes sense.
COMMISSIONER BERRY: Would there also be an access off of 9517
CHAIRWOMAN MAC'KIE: Chahram? Or Ed?
MR. BADAMTCHIAN: I'm sorry?
COMMISSIONER BERRY: Is there still an access or would there be
an access off of 951, so if you had people that did -~ were coming
down 951 rather than turning in there, they could come on and access
that site from 951, a right in, right out on 9517
MR. KANT: Yes, Commissioner. There is a right in, right out.
That turn lane and right in and right out are there now. They were
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May 25, 1999
put in a couple of years now, I think. It's been at least two years
they were put in.
CHAIRWOMAN MAC'KIE: But you couldn't left in off of 951.
MR. KANT: The existing median opening is a full median open. And
what we're proposing, as you can notice in here, is what the technical
expression is a pork chop. Purely, a technical literation.
We're proposing that if we find there is an access problem
because of those turning movements, that we would reserve the right to
install that type of constraint. We're not suggesting that that type
of constraint go in at the very beginning. But I suspect that if
that's typical of those types of intersections, because it's too close
to Golden Gate Parkway to signalize. COMMISSIONER BERRY: Right.
MR. KANT: So we want to give them as best access we can, but at
the same time we have to look at what's happening on the arterials.
COMMISSIONER CARTER: Wouldn't it be wise up front to put the
pork chop in instead of waiting until we have 10 or 12 accidents and
then come back?
MR. KANT: Yes, Commissioner. In a perfect world, I would. But
we are trying to accommodate the petitioner as best we can.
CHAIRWOMAN MAC'KIE: We ought to balance that property's need for
access because it's -- there's also -- we don't want a see a dead
Walgreen's on the corner there. That would be awfully bad for what
they're trying to do in Golden Gate.
Mr. Weigel, can we add that access restriction, or do we have to
either turn up or turn down the request in front of us, or should we
ask the petitioner if he agrees?
MR. WEIGEL: I think it's always important to get as complete a
record as possible and have the petitioner participate in the
discussion.
CHAIRWOMAN MAC'KIE: So perhaps you will. Come right on up. For
the record.
MR. PURSE: Good afternoon. For the record, my name is Jeffrey
Purse. I am representing this project. There is a problem in that
Walgreen's has indicated that they will welcome the project if the
median is closed. Also, by closing that median, it eliminates any
northbound traffic from getting into the Walgreen's.
CHAIRWOMAN MAC'KIE: Now, which one are we talking about?
Chahram, could you put it on the visualizer again?
COMMISSIONER BERRY: If you're coming up 951 --
MR. PURSE: If you are coming up 951.
COMMISSIONER BERRY: -- you couldn't get in there.
MR. PURSE: You could not turn into the project.
CHAIRWOMAN MAC'KIE: No left in.
COMMISSIONER BERRY: No left in. You couldn't get in there
because you couldn't get into the -- there's a median out in front on
951, so you couldn't get in there.
MR. PURSE: Right now that's a full opening. But on our side, on
the turn lane, we'd put in, quote, a pork chop that prevents people
from going out across the median in and heading north. That's why
it's a right in, right out.
COMMISSIONER CONSTANTINE: I don't recall the year. Commissioner
Norris, maybe you do, and maybe some of the other commissioners around
here. But it seems to me when we dealt with this access issue -- and
Kevin, may you can help. Kevin Durkin, from the Quality Inn -- this
came to us twice. And the first time it got turned down, trying to
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May 25, 1999
just get the access issue where you see access out on to County Road
951. First time it was turned down completely. Second time they came
back with a more detailed plan. But part of the agreement was they
would only have a right in, right out. And that's how they got that
access in the first place.
And so now to suggest that you ought to allow that northbound
traffic is contrary to what was promised in order to get this access
on to 951. And if the majority of the board wants to go with that,
that's fine. But I think that's an important thing to remember is the
reason this was given three years ago, five years ago, whatever it
was, was with that rationale in mind. So we are completely changing
what we did and what the intent was if we do that.
COMMISSIONER BERRY: I wasn't here, so it had to be before I got
here.
CHAIRWOMAN MAC'KIE: It had to be five. But Tim, if you -- based
on what's out there now, Tim, would you make the same condition if the
request came in today?
COMMISSIONER CONSTANTINE: Yeah. I just -- again, as much as I'd
love to see it in there, and I understand from a commercial standpoint
and trying to market the product standpoint you'd want to have the
access. It appears to be a dangerous situation to get up there and
try to hang a left in there that close to the intersection of Golden
Gate Parkway.
CHAIRWOMAN MAC'KIE: Walgreen's is crazy if they walk from this
deal because of the market that's out there.
MR. KANT: Commissioners, if I may also make an observation, and
that is that this particular property is physically connected, even
though there's a line to demise the property. It's physically
connected to the other Golden Gate Hotel and -- I can't think of the
name of that property. Quality Inn, I believe it is. So there is
access at other points, and cross access through that other property.
I don't know, I believe it's all in common ownership of one sort
or another. But typically that's not the type of thing what we get
into.
CHAIRWOMAN MAC'KIE: Your client's saying no. but --
COMMISSIONER CONSTANTINE: No, there's some dumpy little condos
out there.
MR. PURSE: There is a -- there's an existing condominium that is
not owned by my client. It sits out there in the front. That part of
the parking lot is in to the county right-of-way. And that's why that
area looks pretty confusing.
I'd like to point out, too, that at that intersection you are
approaching a traffic light so the traffic is decreasing its speed.
Also, the speed along there is 35 miles an hour. On the survey that
was given as part of this packet, the distance of the frontage, from
where this is, is approximately 160 feet.
I have seen in this county worse conditions than this. And I
don't know, you know, having just been aware that the intersection is
going to be closed, you're also across the street taking away a full
median access from across the street also.
So I wish the board would consider that in order to keep a good
business in the area in which Golden Gate needs, that you consider
leaving that access opened for us.
CHAIRWOMAN MAC'KIE: And you said that --
COMMISSIONER CARTER: Well, I guess I'm of the opinion that
Walgreen's will study the demographics and the numbers in there that
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May 25, 1999
will work at the site. If I go to Vanderbilt Beach Road and U.S. 41,
that site is not exactly --
CHAIRWOMAN MAC'KIE: That's ugly for access.
COMMISSIONER CARTER: -- perfect for exiting, entering, and
they're doing a thriving business. So I can't compromise community
safety for the needs of Walgreen's, I'm sorry.
CHAIRWOMAN MAC'KIE: And I just had one other question, just to
try to look for -- because I can't either. But to try to look for a
creative solution. This -- I think what we are officially referring
to as the dumpy little condos that are in the way of access.
COMMISSIONER CONSTANTINE: DLC, we call them.
CHAIRWOMAN MAC'KIE: The DLC's.
Did you say that a part of their parking lot is in the
right-of-way?
MR. PURSE: Yes, they are.
CHAIRWOMAN MAC'KIE: Could we do something from a county
perspective?
MR. PURSE: I have here a copy of the condominium plat that was
filed in 1978 that I can present to you so you can see where they are.
CHAIRWOMAN MAC'KIE: Maybe if you could give that to Mr.
Fernandez, he could get it to the right staff people. If that's some
kind of a code enforcement problem or if there is something we could
do to --
MR. PURSE: It's been there for 20 years.
CHAIRWOMAN MAC'KIE: That's okay. We still have codes that
apply. We could discourage the dumpy little condo.
COMMISSIONER CONSTANTINE: I think the Sheriff's Department keeps
a regular eye on it, too, as well.
MR. PURSE: Now, another thing I'd like to point out, too.
Because of what is there now, and we all know what is there, by
putting in -- normally when you approve a property next to one that is
not as good, it either forces the people to improve it or sell it to
someone who wants to improve it. And I think that's what putting a
Walgreen's there will do.
And I have been told that the Walgreens will walk from this
project. I'm not -- you know, that's what I have been told.
COMMISSIONER NORRIS: That's unfortunate. But our responsibility
is to --
MR. PURSE: I agree. I agree. But I want to give everything --
COMMISSIONER CONSTANTINE: I'll be happy to talk to Walgreen's
with you and try to prohibit them from --
MR. PURSE: I will have them call you.
COMMISSIONER CONSTANTINE: -- closing this thing.
I support everything in here, with the exception of those two
left turns. I just -- particularly the one on the parkway is an
impossibility. But I think the one on 951 still is dangerous.
MR. PURSE: There's a point here that we're here not for a
Walgreen's but we're here for a rezone to take the fact that the land
on the Golden Gate master plan is shown as a C-3 infield. And the
reason that we're here today is that the Growth Management Plan shows
it as golf course. I would like, if possible, for the land to be
approved for the rezoning.
CHAIRWOMAN MAC'KIE: It can be.
MR. PURSE: Because it's going to -- whoever comes next is going
to have to do it again.
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May 25, 1999
COMMISSIONER CONSTANTINE: Absolutely. I support the rezoning.
You'll have my vote on that. I just as part of that, it will have the
limitations of access that we've just talked about. But absolutely
support that rezoning.
CHAIRWOMAN MAC'KIE: And it would be best for our record if you
on behalf of the property owner could indicate that you agree to that
change for this purpose.
MR. PURSE: If I might have a moment.
COMMISSIONER CONSTANTINE: I bet that might assure you get four
votes.
CHAIRWOMAN MAC'KIE: Really important question.
COMMISSIONER NORRIS: Well, now I'm starting to get a little
concerned in that if we just go with a plain rezoning, Walgreen's
backs out, then what are we going to have there? It might not be
something that we would have approved in the first place.
CHAIRWOMAN MAC'KIE: Well, there's a lot of C-3's.
COMMISSIONER CONSTANTINE: I don't think C-3 would be
objectionable on that.
COMMISSIONER BERRY: What are some of the businesses in a C-3,
again?
CHAIRWOMAN MAC'KIE: Chahram?
COMMISSIONER NORRIS: Well, convenience, commercial type uses.
MR. BADAMTCHIAN: C-3 is intermediate commercial. Allows grocery
stores and --
CHAIRWOMAN MAC'KIE: Probably a Jiffy Lube?
MR. BADAMTCHIAN: Jiffy Lube requires C-4.
COMMISSIONER BERRY: Used car lot?
MR. BADAMTCHIAN: No, used car lot is C-5.
COMMISSIONER BERRY: Okay.
CHAIRWOMAN MAC'KIE: Drive-thru package store. Just give the
name --
Did your client have an opinion?
MR. PURSE: Yes. I'm sorry, we cannot agree with agreeing to a
closure of that intersection.
CHAIRWOMAN MAC'KIE: And you know what that means then, is that
you'll probably not have the votes for your rezone.
MR. PURSE: Well, it's -- the way it stands now is that if we
don't -- you know, if the intersection's not there, the Walgreen's
won't be there either.
COMMISSIONER CONSTANTINE: I guess the point is if you don't get
the rezone, then you guarantee Walgreen's is gone. If you have the
rezone, at least you can still try to talk to them about it. And if
you have the rezone, it's already there. Should Walgreen's walk and
you have someone else become interested in the property, you don't
have to come back here and to go through this again. But, I mean, if
you want to shoot the dice and not go back and have it be golf course
still, then that's your prerogative.
MR. PURSE: Well, the thing is that the -- I've been told
emphatically that Walgreen's will walk from this.
CHAIRWOMAN MAC'KIE: But even if they do, you still will have a
more marketable piece of property with the C-3 zoning on it than you
will have with golf course. I mean, here I'm trying not to be your --
MR. PURSE: No, I don't want to project in --
THE COURT REPORTER: Excuse me, one at a time.
CHAIRWOMAN MAC'KIE: Excuse me.
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May 25, 1999
I'm trying not to be your client's lawyer, but I want to be sure
that he understands. I can't support the rezone with that entrance.
You probably -- Commissioner Constantine has already said he can't
either. So you either walk away today with a C-3 without the entrance
and exit that you want, or you walk away with what you had before you
spent, what, a thousand bucks to go through this process?
MR. KANT: Commissioners, if I may, I just would like the record
to reflect that regardless of the fact that this particular petition
has as its subject the Walgreen's, it is, as Mr. Purse has pointed
out, a C-3 rezone. And our concerns would stand, regardless of the
uses on that depending on how the traffic works out. I would just
like the record to reflect that.
COMMISSIONER NORRIS: Yeah, I think we understand.
MR. PURSE: We would like to, if it's possible, to extend the
vote for two weeks so we can talk to Walgreen's and see what they are
going to do.
CHAIRWOMAN MAC'KIE: Where's Mr. Weigel? I'm going to need some
legal advice.
COMMISSIONER CONSTANTINE: Well, let me ask a real simple
question, Mr. Weigel. Mr. Weigel? Real simple question, and that is,
we can still approve it with contingencies regardless of whether or
not the petitioner has agreed to that or not, can't we?
MR. WEIGEL: Yes, you can. And I'm a little unclear right now. I
was looking at the ordinance before you that's advertised today. And
correct me, Margie, if I'm missing something, but it appears to me to
merely refer to changing the zoning from golf course to C-3, and it
doesn't talk specifically about the medians or the opening or closing
of medians. So I thought maybe we would broaden it beyond the mere
ordinance before the board, anyway.
MS. STUDENT: For the record, Marjorie Student, Assistant County
Attorney.
If there are conditions that the board adds or come up during the
course of the meeting, then that ordinance is typically redone to
reflect those.
CHAIRWOMAN MAC'KIE: Okay. So this is not something that the
petitioner has to agree to for us to vote.
Okay, there was a request for a two-week continuance. And are
there any registered public speakers? MR. FERNANDEZ: There are none.
CHAIRWOMAN MAC'KIE: Then I close the public hearing at this
point. What's the will of the board?
COMMISSIONER CONSTANTINE: I'm going to make a motion that we
approve the request with the access issue contingencies. And I
appreciate the fact they've asked for two weeks, but I just don't
follow the logic why you wouldn't want it changed even if Walgreen's
walks away. I would think you'd still want that zoning. CHAIRWOMAN MAC'KIE: I would, too.
COMMISSIONER NORRIS: Well, that's great, but I don't know that
we should make that decision for the petitioner. COMMISSIONER CONSTANTINE: No, I know.
COMMISSIONER NORRIS: If he doesn't want it rezoned, I don't
think we should rezone it.
CHAIRWOMAN MAC'KIE: He could withdraw his petition.
COMMISSIONER BERRY: Well, if we're going to continue -- are you
going to make a motion --
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May 25, 1999
COMMISSIONER CONSTANTINE: No, I'm not suggesting -- my motion is
to approve it with the access contingencies. Because, I mean, we have
staff time involved, we have our time involved, we've got -- we're
paying a stenographer, everything else, so there's not a whole lot of
reason for their convenience --
COMMISSIONER CARTER: I'll second that.
COMMISSIONER CONSTANTINE: -- to continue that for two weeks.
COMMISSIONER BERRY: Okay.
CHAIRWOMAN MAC'KIE: So a motion and second to approve it with
the condition that we change the access points as described, the right
ins and outs. Any discussion on the motion?
Any legal advice? We're on firm ground, Mr. Weigel?
MR. WEIGEL: No, no more than --
COMMISSIONER CARTER: No, we're not on firm ground? Thank you.
COMMISSIONER BERRY: No, we're not on firm ground or no legal
advice?
MR. WEIGEL: The record's complete right now. You may take your
vote. Marjorie indicated that the ordinance will reflect the changes
that you've made.
CHAIRWOMAN MAC'KIE: Okay.
MS. STUDENT: I'll just add, as long as there's a public health,
safety and welfare consideration, which the access issue is --
CHAIRWOMAN MAC'KIE: Clearly is.
MS. STUDENT: -- you're on good ground for making your decision.
COMMISSIONER CONSTANTINE: That was certainly the intent of
including that part in my motion.
COMMISSIONER NORRIS: I'm going to vote negative on this because
if the petitioner has requested that we don't rezone his property, I
think that's what we ought to do. I don't think that I want to rezone
it in spite of what he asked us to do, so I'm not going to vote for
it.
CHAIRWOMAN MAC'KIE: Any other discussion on the motion? If not,
all in favor, please say aye. Opposed?
COMMISSIONER NORRIS: Aye.
COMMISSIONER BERRY: Aye.
CHAIRWOMAN MAC'KIE: So the motion fails 3 to 2. So your rezone
is denied and now it's six months before you can ask for another one.
COMMISSIONER CONSTANTINE: Unless you want to do something
different now and get one of those commissioners who voted in the
prevailing side at that end of the podium to reconsider. I mean,
otherwise, even if Walgreen's wants to stay, you don't get a rezone
for six months. You can't even apply for another rezone for six
months.
MR. PURSE: Yeah, we're aware of that.
COMMISSIONER NORRIS: Okay, if that's what they want.
COMMISSIONER CONSTANTINE: I don't follow that at all. I don't
understand the logic, but -- it's 1,000 bucks down the tube.
Item #12Cl
ORDINANCE 99-38 RE MAXIMUM TOWING FEES FOR NON-CONSENT TOWING AND
DIRECTLY RELATED NON-CONSENT STORAGE OF TOWED VEHICLES ADOPTED
Page 90
May 25, 1999
CHAIRWOMAN MAC'KIE: Okay, Item 12(C) (1) is an ordinance about
maximum towing fees that basically just complies with the state law
mandate. Am I right?
MR. WEIGEL: That is correct.
CHAIRWOMAN MAC'KIE:
Public speakers?
MR. FERNANDEZ: None.
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
COMMISSIONER CARTER:
CHAIRWOMAN MAC'KIE:
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE:
Is there a discussion on this item?
Close the public hearing.
Motion to approve.
Second.
All in favor, please say aye.
That motion passes unanimously.
Item #12C3
ORDINANCE 99-39 RE PARK AND RECREATIONAL FACILITY IMPACT FEE
Okay, we've got a continued item, parks and rec. impact fees.
Now we're ready for you, Ms. Ramsey.
MS. RAMSEY: Thank you. For the record, Marla Ramsey, Parks and
Recreation Director.
CHAIRWOMAN MAC'KIE: Mother of a really cute kid who I got to see
at the employee picnic.
MS. RAMSEY: Thank you.
On February 9th, 1999, the board directed staff to pursue an
impact fee study option that updated the facility and land values but
excluded the collection of impact fees for the beach related growth.
At the same time, the board directed staff to investigate an
alternative option to utilize TDC revenues to fund the beach related
growth.
As a result of the board's direction, there are two ordinances
before you today. I'll go over the two ordinances really quickly with
you. The first one, option one, is to update the facility and land
values but exclude the beach-related amenities, such as park lands and
beach parking land, and associated on-site facilities.
CHAIRWOMAN MAC'KIE: And we would be excluding that from the
tourist tax or from the impact fees?
MS. RAMSEY: From the impact fees.
And the impact fee to the per dwelling for the incorporated area
would be $176, for the unincorporated area would be $735. Currently,
if you need that number, it's 179 for the incorporated area, and $578
for the unincorporated area.
Option two before you is calculated based on the inclusion of
beach-related amenities and the updated facility and land values. The
value of this option is its flexibility. It allows the board to
utilize either TDC funds or impact fees to fund beach-related
projects. The drawback is the higher impact fee rates, which are $250
for the incorporated area and $821 for the unincorporated area.
In an effort to incorporate a number of views on this impact fee
study, both of the options before you today were taken to various
advisory committees. The Collier County Planning Commission has
recommended Ordinance No. 1. The Development Services Advisory
Committee has recommended Ordinance No. 1. The Environmental Advisory
Board did not feel that they wanted to vote in either direction.
Page 91
May 25, 1999
CHAIRWOMAN MAC'KIE: Thank you for asking them, though.
MS. RAMSEY: Yes, correct.
And the parks and recreation advisory board has recommended
Ordinance No. 2.
Also, on October 19th the staff requested $620,000 from the
Tourist Development Council for a beach-related project related to
growth. The TDC approved the project with a stipulation that the
board maintains the one penny tax that is scheduled to sunset in
December. The reason that the staff mentioned the TDC funding is that
if the board adopts the first ordinance and beach parking projects are
not determined to be a priority of the TDC funding, the beach parking
deficit will continue to grow along with some population.
Staff recommends Ordinance No. 2, based on the funding
flexibility that this option provides for all of the related growth
activity.
The one other thing that the ordinance does is it takes the
existing funding sources that we have and changes them slightly.
The -- currently we have a regional park impact fee and a
community park impact fee. And this is for both of the ordinances,
depending on -- it doesn't matter which one. Currently what we've
recommended is that we would have a regional park impact fee trust
account which would have only the municipalities funding deposited
into it. They would then only be utilized for regional park projects.
The second funding source would be the unincorporated park impact
fee trust account. These funds would be used for both regional and
community park growth. And the unincorporated dollars would be
deposited into that account, giving us flexibility for the board to
determine what the direction of the funding source would be -- what
the funding would be used for. And at this time I can answer any
questions.
CHAIRWOMAN MAC'KIE: I have one. Marla, what I want to see is as
much flexibility within the impact fees as possible. And I think what
I want is Option 2, because I want you to have the maximum
flexibility, the maximum amount of dollars, but I am hopeful that we
will be shifting some of those beach costs to TDC.
What I think you're telling me is that if we shift some of those
beach park costs to the tourist tax, we could eliminate about an $800
park impact fee for people in the unincorporated area. It's about 250
bucks for people in the city limits, and about 800 and something
dollars for people outside of the city limits. Because we could go
with Option 1 if we had the third penny and knew that we could pay for
our beach projects with tourist tax.
COMMISSIONER NORRIS: Well, the problem there, though, is going
to be that we don't know for sure if the referendum to keep the third
cent is going to pass.
CHAIRWOMAN MAC'KIE: I was just hoping that maybe --
MS. RAMSEY: I'm not sure if I quite understand that. But if I
understood correctly, you wouldn't eliminate the $821 for the
unincorporated but you would save $96 per dwelling unit. That's the
difference between the two dollars.
CHAIRWOMAN MAC'KIE: I see, okay.
COMMISSIONER CARTER: So if we had the third penny, you'd have
greater flexibility. Third penny people who come and use the beaches
are paying for that because it's a bed tax. And on my survey of all
the people around this county who live here, they really are not upset
about somebody paying a third penny on a bed tax. They don't feel
Page 92
May 25, 1999
like it's coming out of their pocket and they feel like it's being
paid for by people who come and use their resources.
So I'd like to give you option 2 and I'd like to stand on the
third penny. And the comments that I keep getting is, why don't the
commissioners just make that decision instead of taking it back to us,
when they don't have to do it?
CHAIRWOMAN MAC'KIE: And we're going to get a presentation from
the community on that question, when, our next meeting? MR. FERNANDEZ: I'm not sure.
CHAIRWOMAN MAC'KIE: It's very soon, I know. And I guess one
question I have is, do we need to make this decision before we know --
I guess I continue to hold out hope that somebody may change their
mind and this board might in fact keep the third penny bed tax in
place without a referendum. What if we postpone this parks decision
until the door closes on that possibility? And then we might be able
to lower the impact fees.
COMMISSIONER CONSTANTINE: I'm not going to change my mind. I
gave my word that we would sunset this tax, and I have every intention
of keeping my word. Maybe Commissioner Norris is not sure he's going
to. But let's not pretend that maybe this is going to happen if it's
not going to happen.
I also think if it goes to referendum, it will pass
overwhelmingly for the very reason that you just stated, is that
people realize that it's not coming out of their pocket, it's coming
out of the visitors to our community. So let's keep our word and let
the thing sunset. And put it to referendum and let the public do it,
which they will. In the meantime, let's address this issue and not
delay it with some false hope.
CHAIRWOMAN MAC'KIE: That means, though, that we have to -- we
would have to have the higher impact fee number in order to be sure
that in the event the tourist -- I'm sorry, the voters did not pass
the referendum, through some misunderstanding --
COMMISSIONER CARTER: If we put too many things out to
referendum, they'll get confused over a bed tax or a sales tax or
whatever else the community wants to put under referendum. We'll all
get canned.
COMMISSIONER CONSTANTINE: Maybe I give the voters more credit
than that.
COMMISSIONER NORRIS: I do, too. But wait a minute. Let me just
point out that you're talking about a parks impact fee, not a beach
parking impact fee.
CHAIRWOMAN MAC'KIE: No, no, no.
COMMISSIONER NORRIS: So if it makes sense to raise the park
impact fee because we need it to improve or build new parks, then it
makes sense for that purpose alone, ignoring the beach parking for
that discussion.
CHAIRWOMAN MAC'KIE: Well, I think the math that they've done,
though, includes beach parking improvements being paid for either, if
we can't get them out of the third penny, then out of the impact fees.
So the number -- the gross number that we use to divide up to decide
who has -- you know, how much each person has paid to build a new
house is higher if impact fees are going to have to pay for beach
parking facilities by about 100 bucks a head. MS. RAMSEY: $100 a dwelling difference.
COMMISSIONER NORRIS: Let me ask Mr. Weigel if there's any
prohibition on us adjusting impact fees downward at any time.
Page 93
May 25, 1999
MR. WEIGEL:
COMMISSIONER NORRIS:
impact fee --
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
alternatives for staff?
COMMISSIONER NORRIS:
No, you don't have a prohibition. Typically --
It turns out that we don't need this much
Lower it.
-- you can lower it, sure.
Can we refund it to the people who paid it?
If you want, we could.
Okay. So is there direction on one of the
Close the public hearing.
MS. RAMSEY:
CHAIRWOMAN MAC'KIE:
MR. FERNANDEZ: None.
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
COMMISSIONER CARTER:
CHAIRWOMAN MAC'KIE:
All in favor?
Opposed?
(No response.)
CHAIRWOMAi~ MAC'KIE:
Well, our recommendation was Ordinance No. 2.
Were there registered speakers?
Then we will close the public hearing.
Make a motion that we take Option No. 2.
Second.
Motion and a second.
Passes unanimously.
Item #12C4
ORDINANCE 99-40 RE THE IMPOSITION AND EXTENSION OF LEVY OF THE SIX
CENTS LOCAL OPTION FUEL TAX UPON EVERY GALLON OF MOTOR FUEL AND DIESEL
FUEL SOLD IN COLLIER COUNTY AND TAXED UNDER THE PROVISIONS OF CHAPTER
206
Okay. C-4, which also includes the item that we postponed before
that has to do with the gas tax. Yes, sir.
MR. SMYKOWSKI: Good afternoon, Commissioners. For the record,
Michael Smykowski, Budget Director.
We're looking for board approval today of an ordinance providing
for the reimposition and extension of levy of the six-cent local
option gas tax.
CHAIRWOMAN MAC'KIE: Is there -- since this is a public hearing,
let me ask, are there public speakers registered on this item? MR. FERNANDEZ: None.
COMMISSIONER CONSTANTINE: This is the old tax that's been in
place for years. It's got a life on it, and we've done it in little
increments all the way. You're looking for us to do it on a long-term
basis now rather than every few years.
MR. SMYKOWSKI: That is correct. There is a total of 30 years
life. We have 16 years of capacity for which to renew this tax, and
the board direction on April 27th was for the county attorney to
advertise an ordinance with that maximum renewal period of 16 years.
CHAIRWOMAN MAC'KIE: Close the public hearing.
COMMISSIONER CONSTANTINE: This in no way should be confused with
the five-cent tax which we promised to sunset in about four and a half
more years?
MR. SMYKOWSKI: That's correct.
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: Motion and a second.
Page 94
May 25, 1999
All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Motion passes unanimously.
Item #8E1
RESOLUTION 99-253 RE NOTICE OF INTENT TO LEVY THE SIX CENTS LOCAL
OPTION FUEL TAX UPON EVERY GALLON OF MOTOR FUEL AND DIESEL FUEL SOLD
IN COLLIER COUNTY TO BE EFFECTIVE SEPTEMBER 1, 1999
COMMISSIONER NORRIS: Does that include the companion item or do
we need to go back and do that separately?
COMMISSIONER CONSTANTINE: That one is not a public hearing, so I
make a motion we approve the item. COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: Motion and second for 8(E) (1).
All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
MR. SMYKOWSKI: Thank you.
CHAIRWOMAN MAC'KIE: Thank you.
Page 95
RESOLUTION NO. 99- 253
NOTICE OF INTENT TO LEVY THE SIX CENTS LOCAL
OPTION FUEL TAX PURSUANT TO SECTION 336.025,
FLORIDA STATUTE$.
5 1999
WHEREAS, Section 336.025, Florida Statutes, authorizes the County to levy a Six Cents
Local Option Fuel Tax; and
WHEREAS, Section 336.025, Florida Statutes, requires the County to enter into an
interlocal agreement with one or more of the municipalities located in the County prior to June 1,
1999 or absent such interlocal agreement, requires the County to adopt a resolution of intent to levy
such local option fuel tax prior to June 10, 1999; and
WHEREAS, the Board of County Commissioners of Collier County, Florida (hereinafter
"Board") adopted Ordinance No. 89-27 on May 9, 1989, pursuant to Section 336.025, Florida
Statutes, providing for the imposition of the Six Cents Local Option Fuel Tax upon every gallon of
motor fuel and diesel fuel sold in Collier County and taxed under the provision of Chapter 206,
Florida Statutes; and
WHEREAS, the levy of the Six Cents Local Option Fuel Tax shall otherwise expire,
effective September 1, 1999 pursuant to Ordinance NO. 89-27; and
WHEREAS, the Board has determined that it is appropriate, fiscally sound and in the best
interests of the citizens of Collier County to extend the Six Cents Local Option Fuel Tax; and
WHEREAS, Section 336.025, Florida Statutes provides that the County may, prior to levy
of the tax, establish by interlocal agreement with one or more of the municipalities located therein,
representing a majority of the population of the incorporated area within the County, a distribution
formula for dividing the entire proceeds of the local option fuel tax among the County government
and all eligible municipalities within the County; and
WHEREAS, Section 336.025, Florida Statutes, provides that if such interlocal agreement
has not been executed, the County may, prior to June 10, adopt a resolution of intent to levy the Six
Cent Local Option Fuel Tax; and
WHEREAS, an interlocal agr~ernent providing a distribution formula for dividing the entire
proceeds of the Six Cents Local Option Fuel Tax among Collier County government and all
eligible municipalities within the County for future years has not yet been established; and
5
WI-1E~AS, said tax may be levied by an ordinance adopted by a majority vote of the
Board and Ordinance No. 99-.J-I0 providin§ £or the levy o£a Six Cents Local Option Fuel Tax
was adopted bythe Board on'-J;-'~~ ~::~, ,1999; and
,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COIVflVIISSIO~RS OF COLLIER COUNTY, FLORIDA THAT it is the intent o£this Board to
extend and impose a Six Cents Local Option Fuel Tax before July 1, 1999 to be effective
September l, 1999 £or a period of sixteen (Id) years and expiring on August 31, 2015, and to entor
into an intorlocal agreement with one or more of the municipalities located within Collier County
represonting a majority of the incorporated population within Collier County, which inteflocal
agreement shall provide a distribution formula For dividing the ontire proceeds of thc Six Cents
Local Option Fuel Tax among the County government and all eligible municipalities.
This Resolution adopted thi~day ~ ,1999 aiter motion, second
and majority vote Favoring same.
ATTEST: ~.
DWIGHT~ E. BROCK, Clerk
O~v[d C. Weigel '
Co~ A~omey
h:cw~solutionM1 ~gffn~t 6 cmt i~al
BOARD OF COUNTY COMMISSIO~RS
COLLIER COUNTY, FLORIDA
:p an
199g
2
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT (Agreement) dated this ~ day of
~, 1999, by and between Collier County, a political subdivision oft. he State of
Florida, hereinafter referred to as "County", and the City of Naples, a political subdivision of the
State of Florida.
In consideration of the premises and pumuant to the authorization of Section 336.025,.
Florida Statutes, the parties hereto agree as follows:
1. Pursuant to Section 336.025, Florida Statutes, the Collier County Commission
enacted Resolution No. 99-253 ( a copy of which is attached hereto and incorporated herein by
reference as Exhibit "A") authorizing the levy of the Six Cents Local Option Fuel Tax upon every
gallon of motor fuel and diesel fuel sold in the County and taxed under the provision of Chapter
206, Florida Statutes.
2. Section 5 of Ordinance No. 99-40 provides that the distribution of the proceeds from
the local option fuel tax shall be pursuant to Interlocal Agreement with eligible municipalities,
which Interloeal Agreement shall provide a distribution formula for dividing the proceeds from the
tax.
3. The County shall hereby receive 80.69% of the Six Cents Local Option Fuel Tax on
every gallon of motor fuel and diesel fuel sold in Collier County, and the City of Naples shall
receive 14.30% of the proceeds from the Six Cents Local Option Fuel Tax on every gallon of motor
fuel and diesel fuel sold in Collier County. It is further agreed that the City of Marco Island shall
receive 5.01% of the proceeds of the Six Cents Local Option Fuel Tax on every gallon of motor
'fuel and diesel fuel sold in Collier County, and Everglades City shall receive 0.75% of the proceeds
of the Six Cents Local Option Fuel Tax on every gallon of motor fuel and diesel fuel sold in Collier
County. To arrive at the appropriate share of the proceeds to be paid to the respective parties
hereto, the following procedure shall be followed. Everglades City shall receive 0.75%, Collier
County shall then receive its 80.69% share based on the remaining 99.25%, making Collier
County's share 80.09%. The City of Marco Island shall receive its 5.01% share based on the
remaining 99.25%, making the City of Marco Island's share 4.97%. The City of Naples shall
receive its 14.30% share based on the remaining 99.25% making the City of Naples' share 14.19%.
Collier County
City of Naples
City of Marco Island
Everglades City
80.09%
14.19%
4.97%
0.75%
Total 100.00%
4. This Agreement shall be in full force and effect from September 1, 1999 to August 31,
2003 inclusive, unless changed by written Agreement of all parties. This Agreement shall govern
the division and distribution of the proceeds of the local option fuel tax imposed through August
31, 2003. The distribution formula for the succeeding agreement shall be based on FY98-FY02
audited transportation expenditures.
5. This Agreement shall be filed with the Clerks of the County, the City of Naples, the
City of Marco Island, and Everglades City, Florida, prior to September 1, 1999.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their respective authorized signatories.
DATE~.{~
ATTE~4I~~ BOARD OF COUNTY COMMISSIONERS
DWI'.G. HT¢~{~_I¢, Clerk COLLIER COUNTY, FLORIDA
~,,. ' 'i,~I :~ ' ' "* ,*
." .,'-'0: :,~ , ffAMELA S. M~C'~, Cl]airw
ttest to Chltrm s
oman
/
ApPra~;efi,~,~_~. ~qg, ~0rm.S ~ gnal;ur, on! I'
And Legal Sufficiency:
Collier County Attomey
DATED: ~/~____~
ATTEST:
TARA A. NORMAN, City Clerk
BY:2~~~I~
Approved As To Form
And Legal Sufficiency:
Attorney, City of Naple-s
C F NAPL
IE kRNE 'r, ffiyor- .
Page 2 of 2
RESOLUTION NO. 99-
NOTICE OF INTENT TO LEVY THE SIX CENTS LOCAL
OPTION FUEL TAX PURSUANT TO SECTION 336.025,
FLORIDA STATUTES.
WHEREAS, Section 336.025, Florida Statutes, authorizes the County to levy a Six Cents
Local Option Fuel Tax; and
WHEREAS, Section 336.025, Florida Statutes, requires the County to enter into an
interlocal agreement with one or more of the municipalities located in the County prior to June 1,
1999 or absent such interlocal agreement, requires the County to adopt a resolution of intent to levy
such local option fuel tax prior to June 10, 1999; and
WHEREAS, the Board of County Commissioners of Collier County, Florida (hereinat~er
"Board") adopted Ordinance No. 89-27 on May 9, 1989, pursuant to S~etion 336.025, Florida
Statutes, providing for the imposition of thc Six Cents Local Option Fuel Tax upon every gallon of
motor fuel and diesel fuel sold in Collier County and taxed under the provision of Chapter 206,
Florida Statutes; and
WHEREAS, the levy of the Six Cents Local Option Fuel Tax shall otherwise expire,
effective September 1, 1999 pursuant to Ordinance NO. 89-27; and
WHEREAS, the Board has determined that it is appropriate, fiscally sound and in the best
interests of the citizens of Collier County to extend the Six Cents Local Option Fuel Tax; and
WHEREAS, Section 336.025, Florida Statutes provides that the County may, prior to levy
of the tax, establish by interlocal agreement with one or more of the municipalities located therein,
representing a majority of the population of the incorporated area within the County, a distribution
formula for dividing the entire proceeds of the local option fuel tax among the County government
and all eligible municipalities within the County; and
WHEREAS, Section 336.025, Florida Statutes, provides that if such interlocal agreement
has not been executed, th~ County may, prior to June 10, adopt a resolution of intent to levy the Six
Cent Local Option Fuel Tax; and
WHEREAS, an interlocal agreement providing a distribution formula for dividing the entire
proceeds of the Six Cents Local Option Fuel Tax among Collier County government and all
eligible municipalities within the County for future years has not yet been established; and
WHEREAS, said tax may be levied by an ordinance adopted by a majority vote of the
Board and Ordinance No. 99-.~0 providing for the levy ofa SixCents Local Option Fuel Tax
was adopted by the Board on 1999; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT it is the intent of this Board to
extend and impose a Six Cents Local Option Fuel Tax before July 1, 1999 to be effective
September 1, 1999 for a period of sixteen (16) years and expiring on August 31, 2015, and to enter
into an intefloeal agreement with one or more of the municipalities loealed within Collier County
representing a majority of the incorporated population within Collier County, which interlocal
agreement shall provide a distribution formula for dividing the entire proceeds of the Six Cents
Local Option Fuel Tax among the County government and all eligible municipalities.
This Resolution adopted thi~-X~day ~ ,1999 after motion, second
and majority vote favoring same.
~TTEST: .?.
:DWIGHT. E.. BROCK, Clerk
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· ... !'.i~_*-},.. . .. ..1'~ .~,. ..
f; ' ' , "k ' " '[ '' · "
~vA C' Weigel -
Co~ Attorney
h:cw/Rcsolulion~i 999~n~t 6 cent I~al option ~cl ~x
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOR]DA
By: ' ~~-
P an
State of FLORIDA ,., ,, .... i..: ./ ".. L...
County of COLLIER .,,:.
'CF ' .. '.
- . ,. . ./'~,~
I HEREBY CERTIFY'rHAT fills l~.a.....t~, II;,arl~ .:'~..~;.
correct copy of a document oh!rile'In
Board Minute9 and Rocd~S':of;COlller .C0U/t~l~g, -~.
WITNE~;$ my hand and 6fflClal ~oal
day · ,.'
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2
May 25, 1999
Item #14B
AUTHORIZATION FOR THE CHAIRWOMAN TO SIGN A LETTER REQUESTING A VETO OF
SENATE BILL 318 INTANGIBLES TAX/COUNTY REVENUE SHARING - NO ACTION
I think we are now to staff communications? Yeah. First -- we
with 14(A), 14(B) is the veto question. I have the letter here but I
didn't want to sign this without you guys authorizing it specifically.
So would you describe it for us, someone?
MR. FERNANDEZ: Madam Chairwoman, this is the request we received
from the Florida Association of Counties to ask for the Governor to
veto this bill. This bill has the effect of reducing the amount of
state revenue sharing to the county by about 1.8 million dollars.
The rationale that was used by some of the legislature is that
this will be offset by the savings that the county will realize as a
result of the reduction in the percentage for retirement for the
employees. That amount after actuarial studies is being reduced this
year.
It's our contention that they have nothing to do with each other.
For years the county has had to increase the amount that we've put in
for employees for the retirement system. Now that there's a surplus
in that fund, we feel that those funds are rightly returned back to
the county, or at least we should enjoy the savings there.
CHAIRWOMAN MAC'KIE: So the bad news is would be opposing the
sunsetting of the intangible tax.
COMMISSIONER CONSTANTINE: That's what I was going to ask.
Setting aside of what it does to counties, the intent of the bill was
what?
MR. FERNANDEZ: To eliminate the intangibles tax, which is
something the legislature saw as a priority. It's not an initiative
the counties have taken up as a group.
CHAIRWOMAN MAC'KIE: And in fact, the counties tried to get
amendments to avoid what has in fact happened, but they failed.
MR. FERNANDEZ: We attempted to ask for the counties to be held
harmless in the process, so if the legislature wanted to reduce or
eliminate the intangibles tax, they could do so, but not on the backs
of the counties, please.
CHAIRWOMAN MAC'KIE: And that's the nature now of the veto. You
can see now why I wouldn't want to ask for the veto without your
inspection and authorization.
COMMISSIONER CONSTANTINE: I realize there could be some impact
in Collier County but I'm not going to vote in favor of asking the
Governor not to get rid of a tax.
CHAIRWOMAN MAC'KIE: What's the economic -- what's the dollar
impact to the county's budget if it were this year?
MR. FERNANDEZ: 1.8 million.
CHAIRWOMAN MAC'KIE: 1.87
MR. FERNANDEZ: Yes.
CHAIRWOMAN MAC'KIE: 1.8 million dollars.
COMMISSIONER NORRIS: Let me ask, is the bill to completely
eliminate the intangibles tax?
COMMISSIONER CONSTANTINE: And when does it take effect?
MR. FERNANDEZ: I believe it is. Is it, Mike, do you know? I
think it is. To reduce --
COMMISSIONER NORRIS: The reduction of the rate?
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May 25, 1999
MR. FERNANDEZ: You don't know? We're not sure. I think it is,
but I can't be absolutely sure.
COMMISSIONER NORRIS: Okay. It says in the first paragraph here
on about the third page in, the Florida Association of Counties, it
says regarding the reduction and the state's intangible tax, not
elimination.
CHAIRWOMAN MAC'KIE: In the FAC --
MR. FERNANDEZ: It says reduction, that's correct.
COMMISSIONER NORRIS: Intangible tax, reduction of 265 million
dollars.
MR. FERNANDEZ: The material we've provided here has a
county-by-county impact on the tax cut. In our case, under Collier
County, I believe the amount is 1.8 million.
CHAIRWOMAN MAC'KIE: The bottom line question for me is whether
or not -- what's the net cost to Collier County taxpayers? Is it
cheaper for them to pay an extra 1.8 million dollars in property taxes
than to pay their proportionate share of intangibles tax? Because I
think the intangibles tax has a real impact in this community,
significant amount of intangibles taxes paid. I don't know if it's
cheaper for our residents to pay property tax versus intangible tax.
David?
MR. WEIGEL: Like I say, to try to answer your question, raises,
I think, another question and that is, that property owners that pay
ad valorem taxes are one group. But then are the others who are not
property owners who own intangibles who are subject to this tax.
CHAIRWOMAN MAC'KIE: Yeah, I understand that.
MR. FERNANDEZ: Madam Chairwoman?
CHAIRWOMAN MAC'KIE: Yes.
MR. FERNANDEZ: We do know from a comparison of median salary in
this county compared to the state and median income in this county
compared to the state that there's a greater percentage of the income
in this county from other than salaries.
CHAIRWOMAN MAC'KIE: Which would make it a significant
intangibles tax.
MR. FERNANDEZ: Significant intangibles tax, yes.
COMMISSIONER CONSTANTINE: I think we need to be really careful
voting to ask the Governor to do something when we can't answer all of
those questions.
CHAIRWOMAN MAC'KIE: Is there any interest, anybody who wants to
support this proposition?
COMMISSIONER BERRY: Well, I think that in Collier, it definitely
has an impact on residents. Probably more so than on government.
CHAIRWOMAN MAC'KIE: Yeah.
COMMISSIONER BERRY: Okay?
CHAIRWOMAN MAC'KIE: So I guess --
COMMISSIONER BERRY: But it still puts us -- the thinH I didn't
like is kind of the reference to the Florida Retirement System. How
they kind of work that into it, that you're HoinH to save on the
retirement side so it's going to offset -- I think that's kind of
sticky.
MR. FERNANDEZ: We found that to be distasteful.
COMMISSIONER BERRY: Yes.
CHAIRWOMAN MAC'KIE: Okay. So if there's no support for that
item, we don't need to take any action on it.
Item #14C
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May 25, 1999
DISCUSSION REGARDING THE DEFINITION LOBBYIST - DISCUSSED
And we can go to 14(C), which is more complicated than it sounds,
I'm afraid, guys. The definition of a lobbyist. Under our new ethics
law, they need some legislative intent. That would be us. What did
we mean when we said lobbyist?
COMMISSIONER CONSTANTINE: Who is they?
CHAIRWOMAN MAC'KIE: Who's they? The County Attorney's Office.
MR. WEIGEL: Thank you, Madam Chairwoman and Commissioners. We
also represent questions that are coming to our office from
businessmen and attorneys in the community representing business
persons, questioning whether either they or their clients should be
registered as lobbyists under the recently enacted county ethics
ordinance.
And if I may, I'm going to have Ramiro assist me. He's going to
pass out copies of the ordinance, which I know you know. But you will
have it handy in case you want to have any reference. Probably
starting at Page 4, where some of the definitions of lobbyists and
other persons are listed.
But briefly, I want to remind us that the ethics ordinance that
we adopted really addresses two subjects: One had to do with gifts at
the local level, and the concern that the commissioners have for
commissioners and other reporting individuals in the acceptance and
reporting of gifts from lobbyists. Particularly those persons who are
reporting individuals have to report gifts and have limitations on
acceptance of gifts as defined both locally under ordinance and of
course also under state law.
The second part of the ordinance had to do with registration of
lobbyists, which is an informational tool to assist county reporting
individuals and commissioners.
There is a slight distinction that can be found between maybe the
concept of lobbyists concerning gifts. Which we know that at the
state level, a lobbyist is supposed to identify one's self as a
lobbyist and if they purport to donate a gift to a reporting
individual that they have tell the potential donee that the gift has a
value of less than $100. That's at the state level. It's $50 under
our local ordinance.
So in the context of a lobbyist for registration, the questions
that have come to us from outsiders is, well, we understand that a
consultant, a paid petitioner, agent, an attorney, land use person, a
planner, these persons are typically paid by the petitioner or
landowner to come forward and address the board, both collectively at
board meetings and meet with board members individually.
And I will stress again, just for public information, I know the
commissioners are aware, that a lobbyist is a lobbyist, whether
they're talking to you collectively or individually.
So when you take that kind of background here, then we have the
question of what is a lobbyist. Is a lobbyist in the concept for
county registration, merely going to be a person that is hired, like a
consultant engineering firm -- and we could give examples -- will it
be attorneys, several of which we know that come and appear before us
and meet with commissioners individually, or would also include
employees and owners of property and businesses.
Now, within the ordinance itself, there is a limited exemption
for kind of a small person property owner who comes in representing
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May 25, 1999
him or herself. But if you have a situation with a large property
owner, is that -- is the person that comes in either meets with the
person individually or comes before the board, a lobbyist under the
concept of what we have here and must be registered?
One example we had, which I think is quite telling was an
attorney said well, I'm representing my client. He's a developer. I
come and speak with commissioners. My client comes along and is in
the room with me with the commissioners. Although, I'm paid to
represent this person, I'm a lobbyist under the county ordinance.
What about this owner who's with me who will in fact answer questions,
or arguably, he is lobbying just because his presence is in the room.
CHAIRWOMAN MAC'KIE: Let me give you an example. Because
sometimes it's easy and sometimes it's hard. If it's George Varnadoe
bringing with him, please forgive me, but Steve Bigelow, on behalf of
Waste Management trying to get their contract renewed, I think Steve
Bigelow's a lobbyist. I think he's paid by Waste Management to be
there on their behalf.
COMMISSIONER CONSTANTINE: I don't know how anybody could even
question that. I don't understand what the question is. Because he
is a person who is compensated and seeks to influence governmental
decision-making. That's going to benefit he and his company. So I
don't know how that can even be a question.
CHAIRWOMAN MAC'KIE: And likewise, you can continue to go down
the spectrum. And I apologize for using people's names, the owner of
the Vineyards, the owner of Quail something.
COMMISSIONER CONSTANTINE: Again, I guess the difference between
an individual owner is if some Joe Property Owner comes in here and is
worried about the house on his property, he's not doing that for a
profit as much as he's doing it to build his own home. If Joe
Property Owner owns 100 acres and is looking to build multiple units
for the purpose of making a profit --
CHAIRWOMAN MAC'KIE: He's a lobbyist.
COMMISSIONER CONSTANTINE: -- there's a clear distinction there.
Yeah, that's a lobbyist. I don't know how anyone could question that,
any of those examples. I don't think it's a tough question at all.
COMMISSIONER CARTER: They have a choice. I mean, they can send
a land use lawyer to talk to us, or if they decide to accompany, then
they register and pay a fee. It seems simple to me.
CHAIRWOMAN MAC'KIE: But then let me just tell you examples I
gave. So it comes down to it's Joe Blow who owns the oil change shop
who needs to come in for a two-foot variance on the setback. Joe Blow
owns the oil change shop 100 percent. Is he a lobbyist?
MR. WEIGEL: Okay. I'll respond in two ways. If he were giving
you a gift under $50, which you legally could accept, although you
obviously voluntarily don't have to, would you consider him a
lobbyist?
CHAIRWOMAN MAC'KIE: Yes. Clearly. He's coming to me and
wanting me to -- here's my bouquet of flowers, hoping that I'm his
friend so that I will vote for his two-foot variance on the setback.
COMMISSIONER CONSTANTINE: I'll tell you, that woman up to
Lakeside, they gave me brownies last year. CHAIRWOMAN MAC'KIE: See. See.
COMMISSIONER CONSTANTINE: I'm going to let that one go.
MR. MANALICH: Madam Chairman, if I might. For the record,
Ramiro Manalich, Assistant County Attorney.
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May 25, 1999
I think the real crux of the question is, was it ever the
legislative intent to craft some type of distinction between the
definition of lobbyist for gift versus registration of, more
specifically that for purposes of registration, that you would only
treat someone as a lobbyists if they were compensated specifically for
lobbying.
With regard to both the mom and pop business or, for example, the
large landowner that has an attorney representing him, in either of
those cases, it could be argued either way on that, in the sense that
the mom and pop business owners that come in for a variance on their
business, incidentally are being paid by the business to appear there
and make a presentation. However, it is doubtful they will ever
realize that they -- they probably won't think of themselves as
lobbyists. This does extend quite broadly.
Likewise, the larger land owner that has the attorney registered
as a lobbyist on his behalf or her behalf may think, well, I have a
designated lobbyist, I'm paid to run the business, I'm not paid to
influence the commission.
COMMISSIONER CONSTANTINE: Then they shouldn't come here and try
to influence the commission. I guess it was just 15 minutes ago we
voted 4 to 1 on a court issue with the idea being people should take
responsibility for their own actions. And here I think we've laid out
a very clear definition of what a lobbyist is. And those people who
come and see us ought to take the responsibility for doing that. If
it were me, I would rather be on the safe side, I'd go ahead and pony
up the 25 bucks and register. If someone opts not to and find
themselves in trouble later, well, the law is readily available to
them and they have the option dealing with that. But I would
certainly error on the side of caution and encourage others to do the
same.
COMMISSIONER CARTER: I think you're right, Commissioner. I
agree. Any business that's coming here to lobby, whether it's an
owner or whatever it is, they are paid by that business, they are here
for a purpose. It is a lobbyist. Write your check. Fill out your
form and do it. If you are coming here because you own a piece of
land and you are building a house and somebody goofed up, that's not a
lobbyist. I mean, that's where I have to draw the line.
CHAIRWOMAN MAC'KIE: But more than that, you're a lobbyist. If
you're a real estate developer for profit, you're a lobbyist, whether
you have a lawyer or not.
COMMISSIONER NORRIS: Well, I think what the county attorney was
looking for was to where specifically do we want to draw the line.
Commissioner Carter says a guy comes in with his own piece of property
is not a lobbyist. But I think where is the distinction? I mean,
you're talking size.
COMMISSIONER CONSTANTINE: I think you're talking use. Personal
use. If I have two and a half acres that I want to put a home on, and
as you said, you made a mistake and I need to get a variance or
whatever the deal is, that's personal use versus if I'm diwying that
up and selling it to five different people.
COMMISSIONER NORRIS: If I want to go out to the Estates and buy
an estate lot and get a -- that's probably not a good example. But if
I want to buy a piece of property and build a home and sell that home,
I'm a lobbyist?
COMMISSIONER CONSTANTINE: No.
CHAIRWOMAN MAC'KIE: Uh-uh.
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May 25, 1999
COMMISSIONER NORRIS: What about if I wanted to get a bigger
piece of property and build five homes on it, am I a lobbyist?
COMMISSIONER BERRY: Yep.
COMMISSIONER NORRIS: Where's the distinction? One's not, five
is. What's the number?
COMMISSIONER CARTER: I think it goes back to personal use,
Commissioner. If I buy one piece of property and I'm building a house
on it for resale as a builder, then I'm a lobbyist. But if I'm
building it for my personal use, then that's where I draw the line.
COMMISSIONER CONSTANTINE: If the property is owned by Joe Blow,
Incorporated, instead of by Joe Blow, the individual, then I think
that's your answer there, if you are doing it specifically for profit.
But again, on those close ones, that comes down to the responsibility
of the individual, to make sure --
COMMISSIONER NORRIS: I'm not trying to get this out of the
context of accepting gifts. Because that's not what I'm trying to
say. I'm trying to say, are we willing to declare somebody a lobbyist
who owns his own property and wants to come in and talk to us about a
variance or something like that? Is he a lobbyist? No, he's not a
lobbyist.
CHAIRWOMAN MAC'KIE: I think he is if he's a real estate
developer and he's in the business of making money off that piece of
land, he's a lobbyist.
COMMISSIONER CONSTANTINE: If he's trying to influence us and
make money off that choice, yes.
MR. MANALICH: The only for exemption we have right now in the
ordinance would be for a representative of neighborhood association,
we've talked about before, and then for any person who only appears in
his or her individual capacity for the purpose of self-representation
without compensation or reimbursement, direct or indirect.
CHAIRWOMAN MAC'KIE: Direct or indirect?
MR. MANALICH: Correct.
CHAIRWOMAN MAC'KIE: And that's the point.
MR. MANALICH: Now, the only thing I was saying to you all was we
wanted to make sure you understood the breadth of what this covered.
Because when it says direct or indirect, there will be a lot of mom
and pop businesses that might come in for a commercial business
variance or a number of these developers that even if they hire
attorneys, that would still be covered by this potentially by the fact
that it says indirect. I mean, I would assume in both those cases the
response that they would argue to you is, look, I was not being paid
specifically to lobby. I was being paid to run the business. That's
just incidental.
CHAIRWOMAN MAC'KIE: I think I've come up with an example, whose
name that I'm willing to use. My friend Susan Watts is now running
the Bonita Bay Properties in some capacity. She's a lobbyist, if she
comes to talk to me about a potential issue or to this board about
county business. She's a lobbyist. Is that clear? You know, and the
people -- if she owned Bonita Bay and she came and talked to me about
some project in Collier County, she'd be a lobbyist. Do we agree?
COMMISSIONER NORRIS: Okay, but here's my concern -- another
aspect of the concern. You've got a guy that wants to build a single
house for resale and you're going to make him go over and register and
pay his 25 bucks just to come and talk to us.
COMMISSIONER CONSTANTINE: Not if he's building his house as Joe
Individual. If he's building it as a corporation --
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May 25, 1999
COMMISSIONER NORRIS: Wait a minute. We just went through this
and said that if he's building it for resale, he's a lobbyist.
CHAIRWOMAN MAC'KIE: If they're American Dream Homes or somebody
who is out there and they build them one at a time, and they sell them
one at a time, yeah.
COMMISSIONER NORRIS: I'm not talking about American Dream Homes,
I'm talking about one guy --
COMMISSIONER BERRY: You're talking about John Norris comes in
and he's purchased a lot and he's going to build a home and actually
his intent is he's going to turn around and sell it. COMMISSIONER NORRIS: Right.
COMMISSIONER BERRY: He's building a spec house, in other words.
COMMISSIONER NORRIS: Are you going to make me go over and sign
as a lobbyist?
COMMISSIONER CONSTANTINE: No, I don't think we're suggesting
that. I think what I said before was if that's a corporate -- my
interpretation would be if that's a corporation building that, I would
think that that individual, if it's John Norris, Incorporated,
building it for resale, then that's different than John Norris the
individual building and then choosing to do what ever he wants with
it.
CHAIRWOMAN MAC'KIE: And also --
COMMISSIONER NORRIS: My stated purpose is to resell it.
CHAIRWOMAN MAC'KIE: That's why I want to come back to
Commissioner Constantine's personal responsibility point, that it's
not our job. If they want to hire a lawyer and ask him to interpret
whether or not I have to pay him this $25, that's their business, or
they can exercise their own prudence and decide whether if they should
pay the 25 bucks or not. I would pay my 25 bucks.
COMMISSIONER NORRIS: Well, I guess since I -- since we all know
very clearly in our minds who's a lobbyist and who's not, what do we
really accomplish my setting up the registration system.
COMMISSIONER CONSTANTINE: So the public knows who's a lobbyist
and who isn't. And so that our definition, the one we've set here, is
different than what some of those people who try to influence us
perceive to be a lobbyist. Some of them up until we did this,
generally didn't consider themselves to be lobbyists even though they
were clearly paid to try to influence us. COMMISSIONER NORRIS: Okay.
CHAIRWOMAN MAC'KIE: We've given you enough legislative intent.
MR. WEIGEL: You have done exactly what we are looking for, was a
clarification of the legislative intent. I think what I'm going to do
is get a video copy of this and sell it for $25.
COMMISSIONER CARTER: Just be sure to fill out your form.
MR. WEIGEL: Thank you very much.
Item #15A
TO RESPOND TO THREE ISSUES THAT WERE RAISED BY THE CHAIRWOMAN DURING
THE PRESENTATION OF THE 1998 COMPREHENSIVE ANNUAL FINANCIAL REPORT BY
THE FINANCE AND ACCOUNTING DEPARTMENT AND KPMG, LLP, ON TUESDAY, APRIL
13, 1999 - INFORMATIONAL ITEM ONLY
CHAIRWOMAN MAC'KIE: We can move on to Board of County
Commissioners communications we had on 15(A). There was a very good
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May 25, 1999
response to some of the questions that I had asked at -- when we were
getting our CAFR that I thought speaks for itself, unless there's
somebody who needs to tell us about it. But it was very enlightening
about what money goes where and from whence it comes, I thought. So
it is there for information purposes unless anybody needs to discuss
it.
Item #15B
DISCUSSION REGARDING BURN BAN - FURTHER INFORMATION WILL BE
FORTHCOMING AS IT IS RECEIVED
If not, then we can go to 15(B) which is the burn ban.
Commissioner Berry?
COMMISSIONER BERRY: Yes. Mr. Weigel, you -- he and I had had
some conversation over this. Actually, this request came from the
Division of Forestry. So Mr. Weigel.
MR. WEIGEL: Okay, thank you. We checked up the totem pole. Ms.
Berry received a call from the local representative of the Division of
Forestry indicating that it wasn't necessary for us to have the local
ban. We checked with the Governor's office a couple of different ways
and also talked with the Division of Forestry at the higher level and
it appears that the Governor himself has not changed the executive
order which is the operative document under which our ordinance
operates.
It's my thought that we may probably want to revisit this at
least in the discussion way, two weeks from now that the -- that this
is not an attempt at this moment to indicate or inform the public that
the executive order that Governor Bush put in place has been rescinded
yet for Collier County. But we'll continue to check that.
But our ordinance works automatically that upon the rescission or
deletion of Collier County from a burn area or the order itself, that
it takes no action of the board for it therefore to be no longer a
restriction here in the county. This is just a public service to try
to use this forum to indicate when there's a change in status. But it
appears that it hasn't occurred at the Tallahassee level yet.
CHAIRWOMAN MAC'KIE: We'll stay tuned. Thank you, Commissioner
Berry, for bringing it up. I know that we will get more information
as it becomes available.
MR. WEIGEL: Madam Chairwoman, pardon me, I don't want to get in
front of another commissioner if they have an item. But there is a
possible revisit item under our regular active agenda today that I
wanted to bring to the board's attention. CHAIRWOMAN MAC'KIE: Okay.
MR. WEIGEL: Thank you. And that's Item 17(C) which shows on the
summary agenda as continued indefinitely. We've learned from the
petitioner during the course of the meeting today that their request,
at least as we understand it now, is to continue to the second June
meeting, which I believe is June 22nd.
CHAIRWOMAN MAC'KIE: Gosh, we're not going to have enough to do
that day, anyway.
MR. WEIGEL: Right.
COMMISSIONER CONSTANTINE: What is 17(C)?
CHAIRWOMAN MAC'KIE: It's Bruce Anderson of PUD to PUD amendment
to Collier County Tract 21 formerly known as Beach Way PUD.
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May 25, 1999
MR. WEIGEL: It would take a reconsideration of the majority, I
think, was the 5-0 vote on the summary agenda and then a motion to
continue it for the period to June 22nd. If you'd care to entertain
that.
CHAIRWOMAN MAC'KIE: Was the request at the time it was initially
made for an indefinite continuance, or was that just a typo on our
part?
MR. WEIGEL: I do not know.
COMMISSIONER NORRIS: But June 22nd we'll be a member short.
Super majority items shouldn't be heard on June 22nd.
COMMISSIONER CONSTANTINE: The petitioner has that option if they
want to opt out.
CHAIRWOMAN MAC'KIE: Is there anybody that wants to move to
consider the continuance that we voted on originally?
COMMISSIONER CONSTANTINE: If it's been continued indefinitely. I
don't understand the requirement. If that could come back in two
weeks from now, that could come back two months from now, that could
come back a year from now.
MR. WEIGEL: Well, it can't come back unless it's re-advertised.
COMMISSIONER CONSTANTINE: I know. I don't understand why you're
requesting this action.
CHAIRWOMAN MAC'KIE: Is it to save the money on the re-ad?
MR. WEIGEL: The information that came to me during the course of
the meetings with the petitioner, said no, we don't want to continue
it indefinitely, we want to continued until June 22nd.
CHAIRWOMAN MAC'KIE: He should have caught that before.
COMMISSIONER CONSTANTINE: Is there anything that prohibits you
from interpreting indefinitely and beginning it back after June 22nd?
MR. WEIGEL: Absolutely, it cannot come back unless it -- unless
you continue it to a specific date within our five-week window. It
would have to be re-advertised, which they could do too and still meet
the June 22nd if they want to go forward with one member short.
CHAIRWOMAN MAC'KIE: It's the question of the cost of the
re-advertising.
MR. WEIGEL: Yeah, that's it.
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
Any interest?
COMMISSIONER NORRIS:
with a four-member board.
To whom?
To the petitioner.
I think it's up to them if they want to go
COMMISSIONER BERRY: By the way, are we responsible for notifying
all the people for that June 22nd meeting? I mean, I know this was
brought up just maybe a month or couple months ago, letting them know
that we're only going to have four members of the board present. So
do we need to contact all of those people.
MR. WEIGEL: It's just a courtesy or directive of the board to do
SO.
CHAIRWOMAN MAC'KIE: It seems to me, how tough is that? It's 10
phone calls for somebody in Mr. Cautero's office to be sure that they
know. Especially now that they know that we will have a full board on
the 8th and we'll have a four-member board on the 22nd.
COMMISSIONER CONSTANTINE: It doesn't prohibit them from having
their item heard.
COMMISSIONER BERRY: It's just a courtesy call to just tell them.
Let's make that as a motion.
Page 104
May 25, 1999
CHAIRWOMAN MAC'KIE: Do you need that, Mr. Fernandez, or can you
just do that?
MR. FERNANDEZ: We can just do it.
CHAIRWOMAN MAC'KIE: Anything else under communication from you?
MR. WEIGEL: Not at all. But the 17(C) then is just continued
indefinitely as status quo.
CHAIRWOMAN MAC'KIE: Mr. Fernandez, anything under communications
from you?
MR. FERNANDEZ: I have nothing. Thank you.
CHAIRWOMAN MAC'KIE: Ms. Berry, anything else?
COMMISSIONER BERRY: Nothing.
CHAIRWOMAN MAC'KIE: Commissioner Norris?
COMMISSIONER NORRIS: I was going to bring up the super majority
issue for the Sth, but we're going to have a full board. CHAIRWOMAN MAC'KIE: On the 8th, we will.
Anything from you Commissioner Carter, communication?
COMMISSIONER CARTER: As we stated earlier, I will circulate the
list of management abilities for all the commissioners to review. And
once you make some determinations on that, I'd be happy to get that
all together and correlate it and get it back to everybody and step
that process forward.
CHAIRWOMAN MAC'KIE: I had discussed that also with Mr.
Fernandez. Do you think it would be appropriate to work with him to
bring those back or is it something -- if you do, I had asked him to
develop some kind of an action plan as a first draft for us to get
started on.
COMMISSIONER CARTER: I think our first step would be to take a
look at the abilities, and say that we all are in agreement, this is
-- these -- we're really just bringing it down to the top 10 that's
absolutely critical. The next 10 are good to know. And the last 10
are okay. They're all important. But we give him some direction on
those. And then once we're in agreement on that, we take it to him and
say, this is kind of an action plan. Begin to set the standard of
performance against those.
CHAIRWOMAN MAC'KIE:
COMMISSIONER CARTER:
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
COMMISSIONER CARTER:
we make here.
CHAIRWOMAN MAC'KIE:
Anything else?
Does that sound good? Sounds good to me.
If the board wishes that, I'll do that.
Free consulting by Dr. Carter.
Wait until we get our bill on it.
That's because of the high amount of money
The big bucks.
Commissioner Constantine?
COMMISSIONER CONSTANTINE: In our last -- I think it was our last
regular scheduled meeting, the board had given me the green light to
go ahead and work with staff on talking to Avatar folks about that
seven and a half acres adjacent to the Golden Gate Community Center.
We had a little sit down last week and they are very much open to
negotiation. They had a price on there that they even acknowledged is
appropriate. So our staff has done an in-house appraisal on that and
we're going to tinker with that number a little bit. But send them
over a range that we think is appropriate and see what the response
is. As long as that's okay with the board. And then I'll bring that
back to you. Whatever their response is back to you as soon as we
have it.
CHAIRWOMAN MAC'KIE: So before it's a full offer.
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May 25, 1999
COMMISSIONER CONSTANTINE: Yes.
CHAIRWOMAN MAC'KIE: Sounds great. I don't have anything else
under communication. Anything else?
MR. FERNANDEZ: Madam Chair, just to clarify the point about the
notification of those petitioners that may be subject to a super
majority vote, is it the board's intent that we go through the agenda
for the week of 22nd and notify all of those on the agenda that
require that super majority vote?
CHAIRWOMAN MAC'KIE: My intent would be that we first of all tell
the people on the 8th that they don't have to worry. Because they
thought we were going to have a four-member board. And that we tell
the people on the 22nd that they do have that concern to make a
decision about.
COMMISSIONER CONSTANTINE: Make it clear to them they can --
usually 75 percent of those are non-controversial anyways so it
shouldn't make any difference to them. But if someone has an item
they're unsure about, we should give them that option.
CHAIRWOMAN MAC'KIE: Anything further? If not, we're adjourned.
***** Commissioner Carter moved, seconded by Commissioner Norris
and carried unanimously, that the following items under the Consent
and Summary Agenda be Approved and/or Adopted with changes *****
Item #16A1 - Withdrawn
RE A 50% WAIVER/50% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE BUILT
BY LARRY P. BASIK AND ANITA L. BASIK IN KINGS LAKE IN THE AMOUNT OF
$6,799.52 WHICH WILL BE PAID THROUGH (S.H.I.P.) REVENUE FUNDS
Item #16A2
RESOLUTION 99-237 RE AN INTERLOCAL AGREEMENT FOR THE CREATION OF THE
COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION
Page 106
2506604 OR: 2571 PG: 2659
JLICORDID ill OIllClAL RBCORDS o[ COLLIIR C0UliH, IL
07/19/1999 at 09:12AK I)VlGI~ B. BBOCL CLBRK
CLBRK ?0 ?HB BOARD
IN?BROFHCB &?H [LQOR
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COPIBS ll.00
MAY 2 5 1999
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
INTERLOCAL AGREEMENT FOR CREATION OF THE
COLLmR CO TY M XROPOUT OR SmZATION
1999, by and between thc FLORIDA DEPARTMENT OF TRANSPORTATION; COLLIER COUNTY;
thc CITY OF MARCO ISLAND; AND THE CITY OF NAPLES.
WHEREAS, statutes require the creation of metropolitan planning organizations to develop
transportation plans and programs for urbanized areas as a condition to the receipt of federal capital or
operating assistance, and that each metropolitan area has a continuing, cooperative, and comprehensive
transportation planning process that results in plans and programs reflecting consideration of the likely
effect of transportation policy decisions on land use and development and the consistency of
transportation plans and programs with the provisions of all applicable short and long term land use and
development plans; and
WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively in thc
performance of such a transportation planning process to assure that highway facilities, mass transit, rail
systems, air transportation and other intermodal facilities will be properly located and developed in
relation to the overall plan of community development; and
WHEREAS, pursuant to statutes, a determination has been made by the Governor and units of
general purpose local government representing at least 75% of the affected population in thc
metropolitan area to designate a metropolitan planning organization; and
WHEREAS, pursuant to statutes and by letter dated October 28, 1998 to Mr. Timothy J.
Constantine, Chairperson, Naples (Collier County) Metropolitan Planning Organization, the Governor
has agreed to the revised membership reapportionment plan of the MPO as set forth in this Agreement;
and
WHEREAS, pursuant to statutes, an interlocal agreement must be entered into by the Department
and the governmental entities designated by the Governor for membership on the MPO;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations
herein, the parties desiring to be legally bound, do agree as follows:
ARTICLE 1
RECITALS.'. DEFINITIONS
Section 1.01. R~ital~. Each and all of the foregoing recitals are incorporated herein and
acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the
foregoing recitals to be true and correct shall not operate to invalidate this Agreement.
OR:
HAY 2 5 1999
2571 PG: 2660
Page 2 of 11
Section 1.02. ~. The following words when used in this Agreement (unless the
context shall clearly indicate the contrary) shall have the following meanings:
"Agreement" means and refers to this instrument, as amended from time to time.
"Department"means and refers to the Florida Department of Transportation, an agency of the
State of Florida.
"FHWA' means and refers to the Federal Highway Administration.
'FTA" means and refers to the Federal Transit Administration.
'Long Range Transportation Plan (LRTP)" is the 20-year plan which: identifies transportation
facilities; includes a financial plan .that demonstrates how the plan can be implemented and assesses
capital improvements necessary to preserve the existing metropolitan transportation system and make
efficient use of existing transportation facilities, indicates proposed transportation enhancement
activities; and in ozone/carbon monoxide nonattainment areas is coordinated with the State
Implementation Plan, all as required by applicable statutes.
"Metropolitan Area" means and refers to the planning area as delineated by the MPO for the
urbanized area containing at least a population of 50,000 as described in the statutes.
"MPO" means and refers to the metropolitan planning organization formed pursuant to this
Agreement.
"Statutes" mean and refer to state and federal statutes, rules, regulations, including but not
limited to, Tires 23 and 49 United States Code and Chapters 112, 119, 163, 215,287, and 339, Florida
Statutes, as amended.
"Transportation Improvement Program (TIP)" is the transportation document which includes the
following components: a priority list of projects and project phases; a list of projects proposed for
funding; a financial plan demonstrating how the TIP can be implemented; a listing of group projects;
an indication of whether the projects and project phases are consistent with applicable local government
comprehensive plans adopted pursuant to statutes; and an indication of how improvements are
consistent, to the maximum extent feasible, with affected seaport and airport master plans and with
public transit development plans of the units of local government located within the boundaries of the
MPO, all as required by statutes.
'Unified Planning Work Program (UPWP)" is the annual plan developed in cooperation with the
Department and public transportation providers, that lists all planning tasks to be undertaken during a
program year, together with a complete description thereof and an estimated budget, all as required by
statutes.
NAY 2 5 1999
OR: 2571 PG: 2661
Page3 ofll
ARTICLE 2
Section 2.01. General Pu .rpose. The purpose of this Agreement is to establish the MPO:
(a) To assist in the development of transportation systems embracing various modes
of transportation in a manner that will maximize the mobility of people and goods within and through
this metropolitan area of this state and minimize, to the maximum extent feasible for transportation-
related fuel consumption and air pollution;
(b) To develop transportation plans and programs, in cooperation with the
Department, which plans and programs provide for the development of transportation facilities that will
function as a multi-modal and as an intermodal transportation system for the metropolitan area;
(c) To implement and ensure a continuing, cooperative, and comprehensive
transportation planning process that results in coordinated plans and programs consistent with the
comprehensively planned development of this affected metropolitan area in cooperation with the
Department;
(d) To assure eligibility for the receipt of Federal capital and operating assistance
pursuant to applicable statutes;
(e) To carry out the metropolitan transportation planning process in cooperation with
the Department, as required by and consistent with, applicable statutes.
Section 2.02. Major MPO Responsibilities. The MPO is intended to be a forum for
cooperative decision making by officials of the governmental entities which are party to this Agreement
in the development of transportation-related plans and programs, including but not limited to:
(a) Long Range Transportation Plan;
Co) Transportation Improvement Program;
(c) Unified Planning Work Program;
(d) Congestion Management System for the metropolitan area as required by statutes;
(e)
Assisting the Department in mapping transportation planning boundaries required
by statutes;
(0
Assisting the Department in performing its duties relating to access management,
functional classification of roads, and data collection; and
HAY 2 5 1999
OR: 257! 2662
Page 4 of 11
(g) Performing such other tasks presently or hereafter as required by statutes.
Section 2.03. MPO decisions coordinated with FDOT and consistent with comprehensive plans.
The statutes grant the broad authority for the Department's role in transportation and show the
legislative intent that the Department shall be responsible for coordinating the planning of a safe, viable
and balanced state transportation system serving all regions of the State, require the Department to
develop a statewide transportation plan, which considers, to the maximum extent feasible, strategic
regional policy plans, MPO plans, and approved local government comprehensive plans and specify the
authority and responsibility of the MPO and the Department in the management of a continuing,
cooperative, and comprehensive transportation planning process for the metropolitan area.
In fulfillment of this purpose and in the exercise of the various powers granted by the statutes,
the Department and all parties to this Agreement acknowledge that the provisions of the Local
Government Comprehensive Planning and Land Development Regulation Act, referenced in state
statutes are applicable to this Agreement. The parties to this Agreement shall take particular care that
the planning processes and planning integrity of local governments as set forth in state law shall not be
infringed upon.
ARTICLE 3
MPO ORGANIZATION AND CREATION
Section 3.01. Establishment of MPO. The MPO for the metropolitan area as described in the
membership reapportionment plan approved by the Governor is hereby created and established pursuant
to this Agreement to carry out the purposes and functions set forth in Articles 2 and 5. The legal name
of this metropolitan planning organization shall be the Collier County Metropolitan Planning
Organization.
Section 3.02. MPO to operate pursuant to law. In the event that any election, referendum,
approval, permit, notice, or other proceeding or authorization is required under applicable law to enable
the parties to enter into this Agreement or to undertake the provisions set forth hereunder, or to observe,
assume or carry out any of the provisions of this Agreement, said parties will initiate and consummate,
as provided by law, all actions necessary with respect to any such matters as required.
Section 3.03. Governing board to act as policy-making body of MPO. The governing board
established pursuant to Section 4.01 of this Agreement shall be the policy-making body that is the
forum responsible for cooperative decision-making and will be taking the required approval actions as
the MPO.
Section 3.04. Submission of proceedings; Contracts and other documents. Subject to the right
to claim an exemption from the Florida Public Records Law, the parties shall submit to each other such
data, reports, records, contracts, and other documents relating to its performance as a metropolitan
~A¥ 2 5 '1999
OR: 2571 PG: 2663
Page 5 of 11
planning organization as requested. Charges for reproduction of public records to be in accordance with
said statute.
Section 3.05. Rights of review. All parties to this Agreement, and the affected Federal
funding agency (i.e., FHWA, and FTA) shall have the rights of technical review and comment of MPO
projects.
ARTICLE 4
COMPOSITION; MEMBERSHIP; TERMS OF OFFICE
Section 4.01. Com_tmsifion and membership of governing board.
(a) The membership of the MPO shall consist of eight (8) voting representatives and
one (1) non-voting representative. The names of the member local governmental entities and the voting
apportionment of the governing board as approved by the Governor shall be as follows: Collier County
Board of County Commissioners, five (5) voting members; the City of Naples, two (2) voting
members; the City of Marco Island, one (1) voting member; and the Florida Department of
Transportation, one (1) non-voting (ex-officio) member.
(la) All voting representatives shall be elected officials of general purpose local
governments, except to the extent that the MPO includes, as part of its apportioned voting membership,
a member of a statutofily authorized planning board or an official of an agency that operates or
administers a major mode of transportation. All individuals acting as a representative of the governing
board of the county, the city, or authority shall first be selected by said governing board.
(c) In no event shall the county commission representatives constitute less than one-
third of the total number of representatives on the MPO.
(d) In the event that a governmental entity that is a member of the MPO fails to fill
an assigned appointment to the MPO within sixty (60) days after notification by the Governor of its duty
to appoint a representative, that appointment shall be made by the Governor from the eligible individuals
of that governmental entity.
Section 4.02. Terms The term of office of members of the MPO shall be four (4) years. The
membership of a member who is a public official automatically terminates upon said official leaving the
elective or appointive office for any reason, or may be terminated by a majority vote of the total
membership of the governmental entity represented by the member. A vacancy shall be filled by the
original appointing entity. A member may be appointed for one or more additional four (4) year terms.
ARTICLE 5
ALITHORITIF-q, POWERS, DUTIES AND RESPONSIBILITIES
Section 5.01. General authority.. The MPO shall have all authorities, powers and duties,
enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations
HAY 2 5 1999
OR: 2571 PG: 2664
Page 6 of 11
necessary or appropriate to managing a continuing, cooperative, and comprehensive transportation
planning process as specified in the statutes.
Section 5.02. Specific authority and powers. The MPO shall have the following powers and
authority as provided by statutes:
(a) The MPO may employ personnel and/or may enter into contracts with local or
state agencies and private planning or engineering firms to utilize the staff resources of local and/or state
agencies;
Co)
public agencies;
The MPO may enter into contracts for the performance of service functions of
(c)
The MPO may acquire, own, operate, maintain, sell, or lease real and personal
property;
(d) The MPO may accept funds, grants, assistance, gifts or bequests from local, state,
and federal resources;
(e) The MPO may promulgate rules to effectuate its powers, responsibilities, and
obligations enumerated herein; provided, that said rules do not supersede or conflict with applicable
local and state laws, rules and regulations; and
(0
The MPO shall have such powers and authority as specifically provided by thc
statutes.
Section 5.03. Duties and responsibilities. The MPO shall have thc following duties and
responsibilities as provided by statutes:
(a) The MPO shall create and appoint a technical advisory committee;
Co) The MPO shall create and appoint a citizens' advisory committee;
(c) The MPO membership shall be jointly and severally liable for liabilities, and the
MPO may respond to such liabilities through the purchase of insurance or bonds, the retention of legal
counsel, and, as appropriate, thc approval of settlements of claims by its governing board;
(d) The MPO shall establish a budget which shall operate on a fiscal year basis
consistent with any requirements of the Unified Planning Work Program;
(e) The MPO shall enter into agreements with the Department, operators of public
transportation systems and the metropolitan and regional intergovernmental coordination and review
agencies serving the metropolitan area. These agreements will prescribe the cooperative manner in
which the transportation planning process will be coordinated and included in the comprehensively
planned development of the area.
HAY 2 5 1999
OR: 257! ?G: 2665
Page 7 of 11
(f) The MPO, in cooperation with the Department, shall carry out the metropolitan
transportation planning process as required by statutes, and specifically shall:
(1) Prepare the Long-Range Transportation Plan;
(2) Prepare the Transportation Improvement Program;
(3) Prepare and annually update the Unified Planning Work Program;
(4) Prepare a Congestion Management System for the metropolitan area;
(5)
Assist in mapping of transportation planning boundaries required by
statutes;
(6)
Assist in performing its duties relating to access management, functional
classification of roads, and data collection;
(7) Perform such other tasks presently or hereafter required by statutes;
(8)
Execute certifications and agreements necessary to comply with statutes;
and
(9)
statutes.
Adopt operating roles and procedures in accordance with applicable
ARTICLE 6
FUNDING; INVENTORY REPORT; RECORD-KEEPING
Section 6.01. Eaadiag. The Department shall allocate to the MPO for its performance of
its transportation planning and programming duties, an appropriate amount of state transportation
planning funds.
Section 6.02. Inventory. report. The MPO agrees to inventory, to maintain records of and to
insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to
funding under this Agreement. This shall be done in accordance with the requirements of all applicable
statutes.
Section 6.03. Record-keening and document retention. The Department and the MPO shall
prepare and retain all records in accordance with the requirements of all applicable statutory
requirements.
HAY 2 5 1999
2571 PG: 2666
Page 8 of 11
ARTICLE 7
1VIISCELLANEOUS PROVISION
Section 7.01 Constitutional or statutory, duties and responsibilities of _turtles. This Agreement
shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the
parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility
imposed upon them by law, except to the extent of actual and timely performance thereof by one or
more of the parties to this Agreement or any legal or administrative entity created or authorized by this
Agreement, in which ease this performance may be offered in satisfaction of the obligation or
responsibility.
Section 7.02. Amendment of Agreement. Amendments or modifications of this Agreement may
only be made by written agreement signed by all parties hereto with the same formalities as the original
Agreement. No amendment may alter the apportionment or jurisdictional boundaries of the MPO
without approval by the Governor.
Section 7.03. Duration; withdrawal procedure.
(a) Duration. This Agreement shall have a term of five (5) years. At the end of the
five (5) year term and at least every five (5) years thereafter, the parties hereto shall examine the terms
hereof and agree to amend provisions or reaffirm the same, otherwise it will be automatically renewed.
(la) Withdrawal procedure. Any party, except Collier County and/or the City
of Naples and the United States Bureau of the Census designated center city(ies), may withdraw from
this Agreement after presenting in written form a notice of intent to withdraw to the other parties to this
Agreement and the MPO, at least ninety (90) days prior to the intended date of withdrawal. Upon
receipt of the intended notice of withdrawal:
(1) The withdrawing member and the MPO shall enter into an agreement
reflecting the withdrawal of the member and alteration of the list of member governments that are
signatories to this Agreement. The agreement shall be filed in the Office of the Clerk of the Circuit
Court of each county in which a party hereto is located; and
(2) The Office of the Governor shall be contacted, and the Governor, with the
agreement of the remaining members of the MPO, shall determine whether any reapportionment of the
membership shall be appropriate. The Governor and the MPO shall review the previous MPO
designation, applicable Florida and local law, and MPO rules for appropriate revision. In the event that
another entity is to be accorded membership in the place of the member withdrawing from the MPO,
the parties acknowledge that pursuant to statutes, adding membership to the MPO does not automatically
require redesignafion of the MPO. In the event that a party who is not a signatory to this Agreement
is accorded membership on the MPO, membership shall not become effective until this Agreement is
amended to reflect that the new member has joined the MPO.
Section 7.04. Notices. All notices, demands and correspondence required or provided for
under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage
HAY 2 5 1999
OR: 257! ?G: 2667
prepaid, return receipt requested.
Page 9 of 11
Notice required to be given shall be addressed as follows:
Board of County Commission Chairperson
Collier County Board of County Commission
3301 East Tamiami Trail
Naples, Florida 34112
b)
City Manager
City of Naples
735 Eighth Street, South
Naples, Florida 34102-6796
c)
City Manager
City of Marco Island
950 North Collier Boulevard, Suite 308
Marco Island, Florida 34145
d)
District Secretary
Florida Department of Transportation
District One
801 North Broadway Avenue
Post Office Box 1249
Bartow, Florida 33831-1249
A tnu'ty may unilaterally change its address or addressee by giving notice in writing to the other parties
as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be
addressed and transmitted to the new address.
Section 7.05. Parties not Obligated to Third Parties.
liable hereunder to any party not a signatory to this Agreement.
party beneficiaries to this Agreement.
No party hereto shall be obligated or
There are no express or intended third
Section 7.06. S~ate or Territorial Law. Unless required by Federal law, nothing in this
Agreement shall require the MPO, or any party hereto, to observe or enforce compliance with any
provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of this Agreement violate any applicable State law, the
parties will at once notify the FHWA and/or FTA in writing in order that appropriate changes and
modifications may be made by the FHWA and/or FTA, to the end that the MPO or any party hereto
may proceed as soon as possible with its responsibilities hereunder.
Section 7.07.
(a) Drafters of Agreement. The Department and the members of the MPO were each
represented by or afforded the opportunity for representation by legal counsel and participated in the
5, 1999
OR: 2571 2668
Page 10 of 11
drafting of this Agreement and in choice of wording. Consequently, no provision hereof should be more
strongly construed against any party as drafter of this Agreement.
(b) ~l/il~. Invalidation of any one of the provisions of this Agreement or any
part, clause or word hereof, or the application thereof in specific circumstances, by judgement, court
order, or administrative hearing or order shall not affect any other provisions or applications in other
circumstances, ail of which shall remain in full force and effect, provided that such remainder would
then continue to conform to the terms and requirements of applicable law.
(c) Rules of construction. In interpreting this Agreement, the following rules
of construction shall apply unless the context indicates otherwise:
(1)
(2)
(3)
The singular of any word or term includes the plural;
The masculine gender includes the feminine gender; and
The word 'shall" is mandatory, and ~may' is permissive.
Section 7.08. Enforcement by parties hereto. In the event of any judicial or administrative
action to enforce or interpret this Agreement by any party hereto, each party shall bear its own
attorney's fees in connection with such proceedings.
Section 7.09. Agreement execution; Use of counterpart signature _noges. This Agreement, and
any amendments hereto, may be simultaneously executed in several counterparts, each of which so
executed shall be deemed to be an original, and such counterparts together shall constitute one and the
same instrument.
Section 7.10. Effective date; Cost of recordation.
(a) ~. This Agreement shall become effective upon its filing in the
Office of the Clerk of the Circuit Court of each county in which a party hereto is located. Any
amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit
Court for each county in which a party hereto is located.
(b) ]l~?,fll:l;lal;k~ The Collier County Metropolitan Planning Organization hereby
agrees to pay for any costs of recordation or filing of this Agreement in the Office of the Circuit Court
for each county in which a party is hereto located. The recorded or filed original hereof, or any
amendment, shall be returned to the MPO for filing in its records.
Section 7.11. Previous Agreement Su_nerseded. Upon execution by all parties, and recording
of this Agreement, it shall supersede the Interlocal Agreement between the parties dated ,t/,~t &
! qq_ .
*** 0R:
2571 PG: 2669 ***
Page l I of l 1
MAY 2 5 1999
IN WITNF, SS WHEREOF, the undersigned parties have caused this Interlocal A
executed in their behalf and hereby establish the above designated MPO, this
, 1999.
BOARD OF COUNTY COMMISSIONERS
,gr~t t~e duly
County A'ff~ney ¢~) '
App, roved as to form and legality
' ,' .,, '- ' CIT~RCQ. ISLAND, FLORIDA
.~! '..!;-,_. '. . .
'~. ~.-' .:' t~IrYOR~ App. roved as to form an~ legali.~
k: ': 1, "i,'; :',,~,:,' ' ATTEST: (SEAL) ~ ~~. ~
':"'"'";:~:" "" ': ' ' ~"~ttorney
~'., .-~.~,~, '.'.',,-ii~..,,.~ :::, ~A ~ ---, -- ~
' 7 :i', ', ,"~i ' ", · '--~ ;' ',: ',~'
APRIL 1999
RESOLUTION NO. 99- 37
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS TO ENTER INTO AN INTERLOCAL
AGREEMENT FOR THE CREATION OF THE COLLIER COUNTY
METROPOLITAN PLANNING ORGANIZATION, AND
AUTHORIZING THE CHAIRWOMAN TO EXECUTE THE
AGREEMENT.
Whereas, the incorporation of the City of Marco Island has created a need to amend the
composition of the Collier County Metropolitan Planning Organization to include a representative of
the City of Marco Island as a voting member; and
Whereas, the Governor of the State of Florida approved a revised membership plan for the
Metropolitan Planning Organization to include the City of Marco Island on October 28, 1998; and
Whereas, the Florida Department of Transportation has asked that the Board of County
Commissioners, the City of Marco Island, and the City of Naples approve the State of Florida,
Department of Transportation, Interlocal Agreement for the Creation of the Collier County
Metropolitan Planning Organization (hereinatter referred to as the "AGREEMENT");
NOW, THEREFORE, BE IT RESOLVED by the Collier County Board of County
Commissioners that:
The Collier County Board of County Commissioners is authorized to enter into the
AGREEMENT.
The Chairwoman of the Collier County Board of County Commissioners is authorized to
execute the AGREEMENT.
DULY PASSED AND ADOPTED THIS
D~ClGHT E. BR~B~K, CLERK
LEG~ S~FI~IENCY:
David C'.. weigel, County Attor~
DAY OF, itPtxi ,1999
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
By: p AME~O~MAN
?. .4999
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
INTERLOCAL AGREEMF~NT FOR CREATION OF THE
COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION
THIS INTERLOCAL AGREEMENT is made and entered into this ~~ day of ff'Y.~q ,
1999, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; COLLIER CO~y;
the CITY OF MARCO ISLAND; AND THE CITY OF NAPLES.
WITNESSETH
WHEREAS, statutes require the creation of metropolitan planning organizations to develop
transportation plans and programs for urbanized areas as a condition to the receipt of federal capital or
operating assistance, and that each metropolitan area has a continuing, cooperative, and comprehensive
transportation planning process that results in plans and programs reflecting consideration of the likely
effect of transportation policy decisions on land use and development and the consistency of
transportation plans and programs with the provisions of all applicable short and long term land use and
development plans; and
WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively in the
performance of such a transportation planning process to assure that highway facilities, mass transit, rail
systems, air transportation and other intermodal facilities will be properly located and developed in
relation to the overall plan of community development; and
WHEREAS, pursuant to statutes, a determination has been made by the Governor and units of
general purpose local government representing at least 75% of the affected population in the
metropolitan area to designate a metropolitan planning organization; and
WHEREAS, pursuant to statutes and by letter dated October 28, 1998 to Mr. Timothy J.
Constantine, Chairperson, Naples (Collier County) Metropolitan Planning Organization, the Governor
has agreed to the revised membership reapportionment plan of the MPO as set forth in this Agreement;
and
WHEREAS, pursuant to statutes, an interlocal agreement must be entered into by the Department
and the governmental entities designated by the Governor for membership on the MPO;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations
herein, the parties desiring to be legally bound, do agree as follows:
ARTICLE 1
RECITALS; DEFINITIONS
Section 1.01. R~itals. Each and all of the foregoing recitals are incorporated herein and
acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the
foregoing recitals to be true and correct shall not operate to invalidate this Agreement.
1999
Page 2 of 11
Section 1.02. ~. The following words when used in this Agreement (unless the
context shall clearly indicate the contrary) shall have the following meanings:
~Agreement' means and refers to this instrument, as amended from time to time.
~Department"means and refers to the Florida Department of Transportation, an agency of the
State of Florida.
~ FHWA" means and refers to the Federal Highway Administration.
~FTA" means and refers to the Federal Transit Administration.
~Long Range Transportation Plan (LRTP)" is the 20-year plan which: identifies transportation
facilities; includes a financial plan that demonstrates how the plan can be implemented and assesses
capital improvements necessary to preserve the existing metropolitan transportation system and make
efficient use of existing transportation facilities, indicates proposed transportation enhancement
activities; and in ozone/carbon monoxide nonattainment areas is coordinated with the State
Implementation Plan, all as required by applicable statutes.
"Metropolitan Area" means and refers to the planning area as delineated by the MPO for the
urbanized area containing at least a population of 50,000 as described in the statutes.
~MPO' means and refers to the metropolitan planning organization formed pursuant to this
Agreement.
~Statutes~ mean and refer to state and federal statutes, rules, regulations, including but not
limited to, Tires 23 and 49 United States Code and Chapters 112, 119, 163, 215, 287, and 339, Florida
Statutes, as amended.
'Transportation Improvement Program (TIP)" is the transportation document which includes the
following components: a priority list of projects and project phases; a list of projects proposed for
funding; a financial plan demonstrating how the TIP can be implemented; a listing of group projects;
an indication of whether the projects and project phases are consistent with applicable local government
comprehensive plans adopted pursuant to statutes; and an indication of how improvements are
consistent, to the maximum extent feasible, with affected seaport and airport master plans and with
public transit development plans of the units of local government located within the boundaries of the
MPO, all as required by statutes.
~Unified Planning Work Program (UPWP)' is the annual plan developed in cooperation with the
Department and public transportation providers, that lists all planning tasks to be undertaken during a
program year, together with a complete description thereof and an estimated budget, all as required by
statutes.
MAY: 5 lgg,
Page 3 of 11
ARTICLE 2
Section 2.01. General Pu _rpose. The purpose of this Agreement is to establish the MPO:
(a) To assist in the development of transportation systems embracing various modes
of transportation in a manner that will maximize the mobility of people and goods within and through
this metropolitan area of this state and minimize, to the maximum extent feasible for transportation-
related fuel consumption and air pollution;
(b) To develop transportation plans and programs, in cooperation with the
Department, which plans and programs provide for the development of transportation facilities that will
function as a multi-modal and as an intermodal transportation system for the metropolitan area;
(c) To implement and ensure a continuing, cooperative, and comprehensive
transportation planning process that results in coordinated plans and programs consistent with the
comprehensively planned development of this affected metropolitan area in cooperation with the
Department;
(d) To assure eligibility for the receipt of Federal capital and operating assistance
pursuant to applicable statutes;
(e) To carry out the metropolitan transportation planning process in cooperation with
the Department, as required by and consistent with, applicable statutes.
Section 2.02. Major MPO Responsibilities. The MPO is intended to be a forum for
cooperative decision making by officials of the governmental entities which are party to this Agreement
in the development of transportation-related plans and programs, including but not limited to:
(a) Long Range Transportation Plan;
(b) Transportation Improvement Program;
(c) Unified Planning Work Program;
(d) Congestion Management System for the metropolitan area as required by statutes;
Assisting the Department in mapping transportation planning boundaries required
by statutes;
(f)
Assisting the Department in performing its duties relating to access management,
functional classification of roads, and data collection; and
HAY 5 1999
Page 4 of 11
(g) Performing such other tasks presently or hereafter as required by statutes.
Section 2.03. lVl'PO decisions coordinated with FDOT and consistent with comprehensive plans.
The statutes grant the broad authority for the Department's role in transportation and show the
legislative intent that the Department shall be responsible for coordinating the planning of a safe, viable
and balanced state transportation system serving all regions of the State, require the Department to
develop a statewide transportation plan, which considers, to the maximum extent feasible, strategic
regional policy plans, MPO plans, and approved local government comprehensive plans and specify the
authority and responsibility of the MPO and the Department in the management of a continuing,
cooperative, and comprehensive transportation planning process for the metropolitan area.
In fulfillment of this purpose and in the exercise of the various powers granted by the statutes,
the Department and all parties to this Agreement acknowledge that the provisions of the Local
Government Comprehensive Planning and Land Development Regulation Act, referenced in state
statutes are applicable to this Agreement. The parties to this Agreement shall take particular care that
the planning processes and planning integrity of local governments as set forth in state law shall not be
infringed upon.
ARTICLE 3
MPO ORGANIZATION AND CREATION
Section 3.01. Establishment of MPO. The MPO for the metropolitan area as described in the
membership reapportionment plan approved by the Governor is hereby created and established pursuant
to this Agreement to carry out the purposes and functions set forth in Articles 2 and 5. The legal name
of this metropolitan planning organization shall be the Collier County Metropolitan Planning
Organization.
Section 3.02. MPO to operate pursuant to law. In the event that any election, referendum,
approval, permit, notice, or other proceeding or authorization is required under applicable law to enable
the parties to enter into this Agreement or to undertake the provisions set forth hereunder, or to observe,
assume or carry out any of the provisions of this Agreement, said parties will initiate and consummate,
as provided by law, all actions necessary with respect to any such matters as required.
Section 3.03. Governing board to act as policy-making body of MPO. The governing board
established pursuant to Section 4.01 of this Agreement shall be the policy-making body that is the
forum responsible for cooperative decision-making and will be taking the required approval actions as
the MPO.
Section 3.04. Submission of proceedings; Contracts and other documents. Subject to the right
to claim an exemption from the Florida Public Records Law, the parties shall submit to each other such
data, reports, records, contracts, and other documents relating to its performance as a metropolitan
MAY 1999
Page 5 of 11
planning organization as requested. Charges for reproduction of public records to be in accordance with
said statute.
Section 3.05. Rights of review. All parties to this Agreement, and the affected Federal
funding agency (i.e., FHWA, and FTA) shall have the rights of technical review and comment of MPO
projects.
ARTICLE 4
COMPOSITION; MEMBERSHIP; TERMS OF OFFICE
Section 4.01. Composition and membership of governing board.
(a) The membership of the MPO shall consist of eight (8) voting representatives and
one (1) non-voting representative. The names of the member local governmental entities and the voting
apportionment of the governing board as approved by the Governor shall be as follows: Collier County
Board of County Commissioners, five (5) voting members; the City of Naples, two (2) voting
members; the City of Marco Island, one (1) voting member; and the Florida Department of
Transportation, one (1) non-voting (ex-officio) member.
(b) All voting representatives shall be elected officials of general purpose local
governments, except to the extent that the MPO includes, as part of its apportioned voting membership,
a member of a statutorily authorized planning board or an official of an agency that operates or
administers a major mode of transportation. All individuals acting as a representative of the governing
board of the county, the city, or authority shall first be selected by said governing board.
(c) In no event shall the county commission representatives constitute less than one-
third of the total number of representatives on the MPO.
(d) In the event that a governmental entity that is a member of the MPO fails to fill
an assigned appointment to the MPO within sixty (60) days after notification by the Governor of its duty
to appoint a representative, that appointment shall be made by the Governor from the eligible individuals
of that governmental entity.
Section 4.02. Terms The term of office of members of the MPO shall be four (4) years. The
membership of a member who is a public official automatically terminates upon said official leaving the
elective or appointive office for any reason, or may be terminated by a majority vote of the total
membership of the governmental entity represented by the member. A vacancy shall be filled by the
original appointing entity. A member may be appointed for one or more additional four (4) year terms.
ARTICLE 5
~UTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES
Section 5.01. General authority. The MPO shall have all authorities, powers and duties,
enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations
Page 6 of 11
necessary or appropriate to managing a continuing, cooperative, and comprehensive transportation
planning process as specified in the statutes.
Section 5.02. Specific authority and powers.
authority as provided by statutes:
The MPO shall have the following powers and
(a) The MPO may employ personnel and/or may enter into contracts with local or
state agencies and private planning or engineering firms to utilize the staff resources of local and/or state
agencies;
public agencies;
The MPO may enter into contracts for the performance of service functions of
(c)
The MPO may acquire, own, operate, maintain, sell, or lease real and personal
property;
(d) The MPO may accept funds, grants, assistance, gifts or bequests from local, state,
and federal resources;
(e) The MPO may promulgate rules to effectuate its powers, responsibilities, and
obligations enumerated herein; provided, that said rules do not supersede or conflict with applicable
local and state laws, rules and regulations; and
(0
The MPO shall have such powers and authority as specifically provided by the
statutes.
Section 5.03. Duties and responsibilities. The MPO shall have the following duties and
responsibilities as provided by statutes:
(a) The MPO shall create and appoint a technical advisory committee;
(b) The MPO shall create and appoint a citizens' advisory committee;
(c) The MPO membership shall be jointly and severally liable for liabilities, and the
MPO may respond to such liabilities through the purchase of insurance or bonds, the retention of legal
counsel, and, as appropriate, the approval of settlements of claims by its governing board;
(d) The MPO shall establish a budget which shall operate on a fiscal year basis
consistent with any requirements of the Unified Planning Work Program;
(e) The MPO shall enter into agreements with the Department, operators of public
transportation systems and the metropolitan and regional intergovernmental coordination and review
agencies serving the metropolitan area. These agreements will prescribe the cooperative manner in
which the transportation planning process will be coordinated and included in the comprehensively
planned development of the area.
Page 7 of 11
(f) The MPO, in cooperation with the Department, shall carry out the metropolitan
transportation planning process as required by statutes, and specifically shall:
(1) Prepare the Long-Range Transportation Plan;
(2) Prepare the Transportation Improvement Program;
(3) Prepare and annually update the Unified Planning Work Program;
(4) Prepare a Congestion Management System for the metropolitan area;
Assist in mapping of transportation planning boundaries required by
statutes;
(6)
Assist in performing its duties relating to access management, functional
classification of roads, and data collection;
(7) Perform such other tasks presently or hereafter required by statutes;
(8)
Execute certifications and agreements necessary to comply with statutes;
and
(9)
statutes.
Adopt operating rules and procedures in accordance with applicable
ARTICLE 6
FUNDING; INVENTORY REPORT; RECORD-KEEPING
Section 6.01. Ellalliag. The Department shall allocate to the MPO for its performance of
its transportation planning and programming duties, an appropriate amount of state transportation
planning funds.
Section 6.02. Inventory. re_non. The MPO agrees to inventory, to maintain records of and to
insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to
funding under this Agreement. This shall be done in accordance with the requirements of all applicable
statutes.
Section 6.03. Record-keening and document retention. The Department and the MPO shall
prepare and retain all records in accordance with the requirements of all applicable statutory
requirements.
1999
Page 8 of l l
ARTICLE 7
MISCELLANEOUS PROVISION
Section 7.01 Constitutional or statutory, duties and re_sponsibilities of .rmrties. This Agreement
shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the
parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility
imposed upon them by law, except to the extent of actual and timely performance thereof by one or
more of the parties to this Agreement or any legal or administrative entity created or authorized by this
Agreement, in which case this performance may be offered in satisfaction of the obligation or
responsibility.
Section 7.02. Amendment of Agreement. Amendments or modifications of this Agreement may
only be made by written agreement signed by all parties hereto with the same formalities as the original
Agreement. No amendment may alter the apportionment or jurisdictional boundaries of the MPO
without approval by the Governor.
Section 7.03. Duration; withdrawal procedure.
(a) ~ This Agreement shall have a term of five (5) years. At the end of the
five (5) year term and at least every five (5) years thereafter, the parties hereto shall examine the terms
hereof and agree to amend provisions or reaffirm the same, otherwise it will be automatically renewed.
(b) Withdrawal procedure. Any party, except Collier County and/or the City
of Naples and the United States Bureau of the Census designated center city(ies), may withdraw from
this Agreement after presenting in written form a notice of intent to withdraw to the other parties to this
Agreement and the MPO, at least ninety (90) days prior to the intended date of withdrawal. Upon
receipt of the intended notice of withdrawal:
(1) The withdrawing member and the MPO shall enter into an agreement
reflecting the withdrawal of the member and alteration of the list of member governments that are
signatories to this Agreement. The agreement shall be filed in the Office of the Clerk of the Circuit
Court of each county in which a party hereto is located; and
(2) The Office of the Governor shall be contacted, and the Governor, with the
agreement of the remaining members of the MPO, shall determine whether any reapportionment of the
membership shall be appropriate. The Governor and the MPO shall review the previous MPO
designation, applicable Florida and local law, and MPO roles for appropriate revision. In the event that
another entity is to be accorded membership in the place of the member withdrawing from the MPO,
the parties acknowledge that pursuant to statutes, adding membership to the MPO does not automatically
require redesignafion of the MPO. In the event that a party who is not a signatory to this Agreement
is accorded membership on the MPO, membership shall not become effective until this Agreement is
amended to reflect that the new member has joined the MPO.
Section 7.04. Notices. All notices, demands and correspondence required or provided for
under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage
1999
prepaid, return receipt requested.
Page 9 of 11
Notice required to be given shall be addressed as follows:
a)
Board of County Commission Chairperson
Collier County Board of County Commission
3301 East Tamiami Trail
Naples, Florida 34112
b)
City Manager
City of Naples
735 Eighth Street, South
Naples, Florida 34102-6796
c)
City Manager
City of Marco Island
950 North Collier Boulevard, Suite 308
Marco Island, Florida 34145
d)
District Secretary
Florida Department of Transportation
District One
801 North Broadway Avenue
Post Office Box 1249
Bartow, Florida 33831-1249
A party may unilaterally change its address or addressee by giving notice in writing to the other parties
as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be
addressed and transmitted to the new address.
Section 7.05. Parties not Obligated to Third Parties. No party hereto shall be obligated or
!ishle hereunder to any party not a signatory to this Agreement. There are no express or intended third
party beneficiaries to this Agreement.
Section 7.06. State or Territorial Law. Unless required by Federal law, nothing in this
Agreement shall require the MPO, or any party hereto, to observe or enforce compliance with any
provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of this Agreement violate any applicable State law, the
parties will at once notify the FHWA and/or FTA in writing in order that appropriate changes and
modifications may be made by the FHWA and/or FTA, to the end that the MPO or any party hereto
may proceed as soon as possible with its responsibilities hereunder.
Section 7.07.
(a) Drafters of Agreement. The D~ent and the members of the MPO were each
represented by or afforded the opportunity for representation by legal counsel and participated in the
1699
Page 10 of 11
drafting of this Agreement and in choice of wording. Consequently, no provision hereof should be more
strongly construed against any party as drafter of this Agreement.
Co) ~t..Yt, l~ai~. Invalidation of any one of the provisions of this Agreement or any
part, clause or word hereof, or the application thereof in specific circumstances, by judgement, court
order, or administrative heating or order shall not affect any other provisions or applications in other
circumstances, all of which shall remain in full force and effect, provided that such remainder would
then continue to conform to the terms and requirements of applicable law.
(c) Rules of construction. In interpreting this Agreement, the following rules
of construction shall apply unless the context indicates otherwise:
(1) The singular of any word or term includes the plural;
(2) The masculine gender includes the feminine gender; and
(3) The word "shall" is mandatory, and "may" is permissive.
Section 7.08. Enforcemetlt by parties hereto. In the event of any judicial or administrative
action to enforce or interpret this Agreement by any party hereto, each party shall bear its own
attorney's fees in connection with such proceedings.
Section 7.09. ~greement execution; Use of counterpart signature pages. This Agreement, and
any amendments hereto, may be simultaneously executed in several counterparts, each of which so
executed shall be deemed to be an original, and such counterparts together shall constitute one and the
same instrument.
Section 7.10. Effective date; Cost of recordation.
(a) ~ff~~. This Agreement shall become effective upon its filing in the
Office of the Clerk of the Circuit Court of each county in which a party hereto is located. Any
amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit
Court for each county in which a party hereto is located.
CO) Rllgoxdalifl~ The Collier County Metropolitan Planning Organization hereby
agrees to pay for any costs of recordation or filing of this Agreement in the Office of the Circuit Court
for each county in which a party is hereto located. The recorded or filed original hereof, or any
amendment, shall be returned to the MPO for filing in its records.
Section 7.11. Previous Agreement Su.nerseded. Upon execution by all parties, and recording
of this Agreement, it shall supersede the Interlocal Agreement between the parties dated
HAY '2 5 1999
Page 11 of 11
IN WlTNF_~S WHEREOF, the undersigned parties have mused this Interlocal Agr~tOybe~da duly
executed in their behalf and hereby establish the above designated MPO, this of
/lrl~q ,1999.
BOARD OF COUNTY COMMISSIONERS
~}:' ~7 ?C~ 0~. NAPLES, FLORIDA
...; B~:...:-'=-
.: ~YOR
County Afforney <~
ATTEST: .(SEAL)
CLERK
CITY OF MARCO ISLAND, FLORIDA
BY:
MAYOR
ATTEST:
CLERK
(SEAL)
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
DISTRICT SECRETARY
ATTEST:
EXECUTIVE SECRETARY
.(SEAL)
APRIL 1999
Item #16A3
FINAL PLAT OF "TIERRA LAGO II"
May 25, 1999
Item #16A4
FINAL PLAT OF .PELICAN MARSH UNIT TWENTY-FIVE. - WITH CONSTRUCTION AND
MAINTENANCE AGREEMENT AND STIPULATIONS AND PERFORMANCE SECURITY
Page 107
MAY ? 5 1999
Document Prepared By
Michael J. Delate, P.E.
Q. Cn'ady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDMSION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this ~_~ day of/~. 1999 between
WCI Communities, Limited Partnership hereinafter referred to as "Developer", and the Board of
County Commissioners of Collier County, Florida, hereinafter referred to as "The Board".
RECITALS
Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of subdivision to be known as:
"Pelican MarshUnit 25"
Division 3.2 of the Collier County Land Development Code requires the Developer to
post appropriate guarantees for the construction of the improvements required by said
subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby convenient and agree as follows:
Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping and
irrigation improvements within 30 months from the date of approval of said subdivision
plat, said improvements hereinafter referred to as the required improvements.
Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "A") and by reference made a part of in the amount of $406.814.10 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.
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.
HAY 2 5 1999
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 Development Services Director for
compliance with the Collier County Land Development Code.
The Development Services Director 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 the improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the Director's approval of the improvements.
However, in no event shall the Developer Services Director refuse preliminary approval of
the improvements if they are in fact constructed and submitted for approval in accordance
with the requirements of this Agreement.
The Developer shall maintain all required improvements for a minimum period of one year
after preliminary approval by the Development Services Director. After the one year
maintenance period by the Developer has terminated, the Developer shall petition the
Development Services Director inspect the improvements. The Development Services
Director or his designee shall inspect the improvements and, if found to be still in
compliance with Collier County Land Development Code as reflected by final approval by
the Board, the Board shall release the 10% subdivision performance security. The
Developer's responsibility for maintenance of the required improvements shall continue
unless or until the Board accepts maintenance responsibility for the County.
Six (6) months after the execution of this Agreement and once within every six (6) months
thereafter the Developer may request the Development Services Director to reduce the
dollar amount of the subdivision performance security on the basis of work completed.
Each request for the 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 Development
Services Director. The Development Services Director 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.
In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Administrator 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 and maintained, pursuant to public advertisement
and receipt of 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 construction, the final 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
- MAY ? 5 i999
failure of the Developer to carry out all of the provisions of the Agreement.
All of terms, covenants and conditions herein contained are and shall be binding upon the
respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and Dev__elqtler have caused this Agreement to be
executed by their duly authorized representatives this~day of/)~/~, 1999.
Signed, Sealed and Delivered
in the presence of:
(Primed ~Typed ~'~~,
(Printed or Typed Name)
~ea' · .;:.~:'?' '¢;, i'
Collier County A~omey
WCI Communities, Limited Partnership
A Florida Limited Partnership
Alfred ~]. Doughe~ty
Vice P~esident of Developmenfl
Board of County Commissioners
/
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
BOND
No. 15-008-487
WCI Communities Limited Partnership
24301 Walden Center Drive
Bonita Springs, Florida 34134
(hereinafter referred to as "Owner") and
Liberty Mutual Insurance Company
Boston, Massachusetts
(Hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of Four Hundred Six Thousand Eight Hundred
Fourteen Dollars and Ten Cents ($406,814.10) in lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for
singular or plural, as the context requires.
THE CONDITION OF THIS OBILIGATION is such that whereas, the Owner has submitted for
approval by the Board a certain subdivision plat named Pelican Marsh Unit 25 and that certain
subdivision shall include required improvements which are required by Collier County Ordinances and
Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall
commence on the date this Bond is executed and shall continue until the date of the final acceptance by
the Board of County Commissioners of the specific improvements described in the Land development
regulations (hereinafter the guaranty period).
NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by the
County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save
harmless the County from and against all costs and damages which it may suffer by reason of Owner's
failure to do so, and shall reimburse and repay the County all outlay and expense which the County may
incur in making good any default, then this obligation shall be void, otherwise to remain in full force and
effect.
PROVIDED FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no
change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in
any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension
of time, alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner
and Surety to the full and faithful performance in accordance with the Land Development Regulations.
The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other
documents shall include any alteration, addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 21st dayof April, 1999
Witness-Signature a Delaware limited partnership
Witness-Printed~____~ ~'~~
W~eis~ature~y, ~,t-./~
Witness Printed Name
Steven C, Adeiman
Vice President/Treasurer
State of
County of
The foregoing instrument was acknowledged before me by Steven C. Adelman, Vice
President/Treasurer on behalf of WCI Communities Limited Partnership, a Delaware limited partnership.
Personally known ~. or produced identification __ Type of identification
produced
hand and official seal this ~.~J~T day
WITNESS
my
1999
(Affix notary seal)
LINDJA ~.. HIGGINS
My Corem Exp. 2/2112001
BOnded By Sewlce,,10S ,,
No. CC603722
J~ Personally Kr, ow~
N o"t'~"ary Pl~blic
My Commission Expires:
Notary Printed Name
DATED as of this 21stday of Apri 1
',W-ithess-Signature
,Xl)O~. 1999
Liberty Mutual Insurance Company
JOHN D. MILLER
Wimess-Printed Name
DIANA FIGUEROA
Wimess Printed Name
NATALIE RE IN6OLD
Title Attorney-in-Fact
Stye of CONNECTICUT
County of FAIRFIELD
The foregoing instrument was acknowledged before me by Natalie Reingold on
behalf of Liberty Mutual Insurance Company. Personally known XX or produced identification ~
Type of identification produced
WITNESS my hand and official seal this 21 st day of
(Affix notary seal)
April X,~. 1999
Notary Pub. Ii .~//").~, X~ ELY PSIJAS
My
C°mmls °ntslP..~Dxpire~,2'/~ -' ' ~OTARYPUBLIC'
MY COMMISSION EXPIRES SEPT. 30, 2003
No~ Printed N~e
"THIS POWER OF A'I-I'ORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
52343z
This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the
manner a, nd to the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts
mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name,
constitute and appoint, JOHN D. MILLER, HARRY A. DINGER, JR., NATALIE REINGOLD, DIANA FIGUEROA, JAMES
L. BURTON, ALL OF THE CITY OF STAMFORD, STATE OF CONNECTICUT .....................................
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
-- Fire ........ Mil ! ******--********************************** . DOLLARS ($ 50.000~{~00- . ********* ) each, and the execution of such bonds or
undertakings, in pursuance of these presents, shall be as bindLng upon the Company as if they had been duly signed by the president and attested by
the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such
limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the
company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such
instruments shall be as binding as if signed by the president and attested by the secretary.
By the following Instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact
as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations.
That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance
Company has been affixed~n Plymouth Meeting, Pennsylvania this 17th day of De~mb~r 19 9~ ·
'~".~,/~ LIBERTY MUTUAL iNSURANCE COMPANY
Garnet W. Elliott, Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF MONTGOMERY
SS
On this 17th day of r3e¢~mher , A.D. 19 98 , before me, a Notary Public, personally came the individual, known to
me to be the therein des~~.idual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled-
ged that he executed~J~. ~arr~ airfOil[the seal affixed to the said preceding instrument is the corporate seal of said ~mpany; and that said co~orate
seal and his signat~~~as__~~ duly affixed and subscribed to the said instrument by authori~ and direction of the said company.
IN TESTIMO,~~, I~ setmy hand and affix my official seal at Plying, P~~ear first above wri,en.
~ ~ ~. .~ ' ~ / Plymouth T~Yp, Muntgom~,~$~ (Sou~ly I Nota~ Public - ' -
I, the undersigne~[t~retaw of Libe~ Mutual Insurance Company, do hereby cedi~ that the original power of a~orney of which the
true and ~ ~
foregoing is a full, copy, is in full force and effect on the date of this cedificate; and I do fudher cedi~ thai the officer who executed the
said power of a~orney was one of the officers specially authorized by the chairman or the president to appoint any a~omey-in-fact as provided in A~icle
XVl, Section 5 of the By-laws of Libe~ ~utual Insuran~ Company.
~is ce~ificate may be signed by facsimile under and by authori~ of the following vote of the board of directom of Libe~ Mutual Insurance
Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically repr~uced signature of any assistant sacreta~ of the ~m~ny wherever appearing upon a cedified
copy of any power of affomey i~ued by the company, shall be valid and binding upon the core.ny with the same force and effect as
though manually affixed.
IN TESTI~I~HEREOF, I have hereunt~cubscribed my name and affixed t,e corporate seal of the said company, this 21S t day of
ista
THIS POWER OF A~ORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTIVE A~ER ~~ ~ ~ , 20 ~.
Liberty Mutual Insurance Company
Statutory Balance Sheet
(dollars in thousands)
Assets
Conunon & Preferred Stock~ .................'- ............
Real Es~te.
Cash & Short-Term Investments..........=-.
Other Invested Assets
Subtotal Cashand Invested Assets.-~ ==-- = .............
Premium in Course of Collection* ..................................................................................
Re~ Recoverables on Loss and Loss Adjustment Expense Payments-..
Interest. Dividencls and Real Estate Income Due and Accrued
Other Asset~
TOTAL ADMITI'ED ASSETS
11,609,662
4,446,583
128~01
242,970
271,268
16,698.784
1,521,916
1~3.530
168,557
779,394
19,352,181
Liabilities and SUFpIus
Reserve for Losses and loss Adjustmenl .Expenses... .... _-
Reserve for Unearned Premlun~ :_' ...................... ------=-= ...................................................
Reinsurance Payable on Paid Loss and Lo~ Adjustment Expenses
Federal Income Tax and State Premium Tax Acaued
Other Liabilities.=_ -_
Unassigned Surplus. ......
Guaranty Fun,"l__~ ....
Surplus Notes
TOTAL SURPLUS
TOTAL I/ABILITIES AND SURFLUS:::-=- -
{'Excludes premiums more than 90 days due)
10,208,483
1,629,832
36.194
91,774
1,319.565
13,2~48
4,924,567
1.250
1,140,516
19,352,181
COMMONWEALTH OF MASSACHUSETTS
COUI',~I'Y OF SUFFOLK
Dennis Langwell, bein$ duly sworn, says: That he is Vice President and Comptroller of Uberty Mutual Insurance Company; that
said Company is a mutual tnsurance company duly organized, existing and engaged in business as a surety by virtue of the laws of
the Commonwealth o! MassachuseUs and has duly compiled with all the requirements of the laws o! said Commonwealth and of the
laws o! the State of ................................. - ..... appIkable to said Company and is duly quaUfled to act as surety under
such laws;, that said Company has also compUed with and is duly qualified to act as surety on federal bonds under Section 9305 of
Title 31 of the United States Code.
That the foregoin$ Is · full, I~te m~! correct statement of the rman .c~l conditlo~ of said Company an the 31st day December, 1997.
Swam to before me thb 31st day o! March, 1998
May 25, 1999
Item #16A5
FINAL PLAT OF "VANDERBILT COUNTRY CLUB - 2. - WITH CONSTRUCTION AND
MAINTENANCE AGREEMENT AND STIPULATIONS AND PERFORMANCE SECURITY
Page 108
HAY 2 5 1999
COLONIAL BANK
Colonial Bank, 16740 San Carlos Blvd. S.W., Fort Myers, Fl. 33908
Irrevocable Standby Letter of Credit No. 1521569005 Dated: 03/11/98
Place of Expiry: Colonial Bank, 16740 San Carlos Blvd. S.W., Fort Myers, Fl. 33908
Date of Expiry: This Credit shall be valid until 03/11/00 and shall be automatically
renewed for successive one-year periods on the anniversary of its issue unless at least
sixty (60) days prior to any such anniversary date, we notify the Beneficiary in writing by
registered mail that we elect not to so renew this Letter of Credit.
Applicant: Worthington Communities of Naples, Inc., a Florida Corporation, 448 County
Road 951, Naples, Florida 34109.
Beneficiary: The Board of County Commissioners, Collier County Florida (hereinafter
"Beneficiary") c/o Office of the County Attorney, Collier County Courthouse Complex,
3301 East Tamiami Trail, Naples, Florida 34112.
Amount: $956,944.45 NINE HUNDRED FIFTY SIX THOUSAND NINE HUNDRED
FOURTY FOUR and 45/100 (Dollars) in the aggregate thereof.
Credit available with: Coloaiai Bank, 16740 San Carlos Blvd. S~W., Fort Myers, FL
33908.
By: Payment ~gainst documents detailed herein and Beneficiary's drafts drawn on the
Colonial Baak.
Documcn~ r~pired: Beneficiary's statement purportedly signed by the County Manager
certifying that: "Worthington Communities of Naples, Inc. a Florida corporation, has
failed to co~'U~t and or maintain the improvements associated with that certain plat of
subdivision known as Vanderbilt Country Club, Phase 2, or a final inspection
sxtisfactory m Collier Count5 has not been performed prior to the date of expiry, and
~-atisfactory ~emative performance security has not been provided ta and formally
a~mepted by tt~ l~eneficiary',.
I~att(s) drawr~ ~der this Letter of Credit must be marked "Drawn under Colonial Bank
Let~ of CreditN~. 1521569005 dated 03/11/99".
The original Letter of Credit and all amendments, if any, must be presented for proper
endorsement.
An Affiliate of Colon/al BancGmup, Inc.
16740 San Carlos Blvd. S.W., P.O. Box 08009, Fort Myers, Florida 33908
Telephone 941/466-7500 / Fax 941/466-6000
www. colonialbank, com
AN EQUAL OPPORTUNITY EMPLOYER
HAY 2 5 1999
Irrevocable Stnndby Letter of Credit No. 1521569005 Dnted: 03/11/99
This Letter of Credit sets forth in full the terms of the Colonial Bank's undertaking and
such undertaking shall not in any way be modified, amended or amplified by reference to
any document, instrument, or agreement referenced to herein or in which Letter of Credit
relates, and any such reference shall not be deemed to incorporate herein by reference any
document, instrument or agreement.
We hereby engage with the Beneficiary that draft(s) drawn under and in compliance with
the terms of the Credit will be duly honored by us i/presented within the validity of this
Credit. ~
Except as otherwise expressly stated this Letter of Crec~it is subject to the Uniform
Customs and Practice for Documentary Credits 1993 Revision, International Chamber of
Commerce Publication No. 500 ( the "Uniform Customs"). Tiffs Letter of Credit shall be
deemed to be made under the laws of the State of Florida.
Colonial Bank
~lrst tce resident
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION
IMPROVEMENTS entered rote this~rO'~gg, day of ~ 1999 between Worthington Communities of
Naples, Inc. hereinafter referred to as Developer," aha/the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as 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: Vanderbilt Country Club Phase 2.
B. Division 3.2 of the Collier County Land Development Code requires the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision regulations,
said guarantees to be incorporated m a bonded agreement for the construction of the required
improvements.
NOW, THEREFORE, in consideration of the foregumg premises and mutual covenants hereinafter
set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed:
Roadway, Utilities, Drainage and Landscaping in Vanderbilt Country Club Phase 2
within 12 months from the date of approval said subdivision plat, said improvements
hereinafter referred to as the required improvements.
Developer herewith tenders its subdivision performance security (attached hereto as Exhibit
"A" and by reference made a part hereof in the amount of $ 956,944.45 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.
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.
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 Development Services Director for compliance with the
Collier County Land Development Code.
The Development Services Director shall, within sixty (60) days of receipt of the statement of
substantial coii~letion, 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 spedfying those conditions which the Developer must fulfill in order
to olxain the Directors approval of the improvemmts. However, in no event shall the
Developmmt Services Director refuse Preliminary approval of the improvemems if they are in
fact constmaed and submiR~ for approval in accordance with the requirements of this
The Developer shall maintain all required improvemems for a minimum period of one year
after praliminary approval by the Development Services Director. After the ~ year
maintenance period by the Developer has terminated, the Developer shall petitim the
Development Services D/rector to inspea the required improvements. The Developmen~
Services Director or his deaisnoe .,~11 iz~spea the impr, ovemmts ~d, 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 Developei~s r~bility for maintmance of the required improvemmts shall continue
unless or mtil the Board accepts maintenance respomibility for and by the County.
Six (6) months aRer the execution of this Agreement and once within every six (6) ma~ths
thereaier the Developer may request the Development Services Director to reduce the. dolPar
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 statemmt of sub~nng_'al completion by the Developer's msineer tosether
with the project records necessary for review by the Development Services D/rector. The
Developmem Services Director may lpant the request for a reduction in the amount of the
subdivision perform_~uce security for the improvements completed as of the date of the request.
In the evem the Developer shall fail or ne~ect to ful611 its oblil~dons under this Agreemmt,
upon certification of such failure, the County Administrator may call upon the subdivisim
performance security to secure satisfactory completion, repair and maintmance of the required
improvemmts. The Board shall have the right to cc~mua and maimai% or cause to be
c.~ostnu:ted or mainlained, pursuanI to public advertisemmt and receipt and acceptance of
bids, the improvements required herein. The Developer, as principal under the subdivision
perl~onnance security, shall be liable to pay ~nd to in~ the Board, upon completion of
such cenmuc6on, the Final total cost to the Board thereof, including, but not limited to,
consequential, which the Board may sustoin on account of the failure of the Developer to fulffil
all of tho provisiaos of this Agreemmt.
9. All of the terms, corn and conditions herein contained are an shall be bindin~ upon the
Developer and the respe~ive successors and assil~ns of the Developer.
IN WITNESS WHEREOF, the Board/md the Develo~_~,have caused this Agreement to be executed by
the/r duly authorized representatives this ~y of -I/) ~ 1999.
Worthin~on Communities of Naples, Inc.
SIGNED, SEALED AND DELIVERED
THE PRESENCE OF:
Printed or Typed Nnme
Scott C~li, V~c~ Pr~si..dent
Printed or Typed Name
COLLI~A~ COUNTY, FLORIDA / /
May 25, 1999
Item #16A6
FINAL PLAT OF "CEDAR HAMMOCK. - WITH CONSTRUCTION AND MAINTENANCE
AGREEMENT AND STIPULATIONS AND PERFORMANCE SECURITY
Page 109
COLLIER COUNTY LAND DEVELOPMENT CODE
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this _~~day of ~/,J~_.., 19 c~..j between U.S. Home Corporation, hereinafter
referred to as "Developer," and the B6ard of County commissioners of Collier County, Florida, hereinafter
referred to as the "Board."
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval of
the Board of a certain plat of a subdivision to be known as Cedar Hammock:
B. Division 3.2 of the Collier County Land Development Code requires the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision regulations,
said guarantees to be incorporated in a bonded agreement for the construction of the required subdivision
improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter
set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed the Required Improvements within 12 months from the
date of approval of said subdivision plat, said infrastructure (water, sewer, drainage and roadway)
improvements hereinafter referred to as the Required Improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A"
and by reference made a part of hereof) in the amount of $227,553.35 which represents 10% of the total
contract cost of completed construction plus $1,076,073.65 which represents 100% of the estimated costs
to complete the Required Improvements at the date of this Agreement for a total of $1,303,627.00.
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 Coed, Collier County may call upon the
subdivision performance security to insure satisfactory completion of the required improvements.
,4. '~'he required improvements shall not be considered complete until a statement of substantial
completion by D~veloper' s engineer along with the final project records have been furnished to be reviewed
and approved by the Development Services Director for compliance with the Collier County Land
Development Code.
5. The Development Services Director 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 ro approve the improvements, therewith
specifying those conditions which the developer must fulfill in order to obtain the Director's approval of
the improvements. However, in no event shall the Development Services Director 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 Development Services Director. After the one year maintenance period by the
Developer has terminated, the Developer shall petition the Development Services Director to inspect the
required improvements. The Development Services Director 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 the County.
7. Six (6) months after the execution of this Agreement and once within every six (6) months
thereafter the Developer may request the Development Services Director 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
Development Services Director. The Development Services Director 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.
8. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon
eea'tification of such failure, the County Administrator 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 and maintained, pursuant to public
advertisement and receipt of 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 Developer have caused this Agreement to be executed
by their duly authorized representatives this day of ~;~t-**,,,k~ ,19 ~/~t
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
/~itness
Wimess
~ ~ ..,
ApProved.~s.to fo~ aqd legal sufficiency:
Iv c. '
Co~ A~omey
By:
Peter R. Comeau, Regional Vice President
BOARD OF COUNTY COMMISSIONERS
OF COLLII~R COUNTY, FLORIDAt
By:
Pamela S. Mac'Kie, ChairWorffan
(Ord. No. 92-73 § ~; Ord. No. 94-58, § 3, 10-21-94; Ord. No. 96-21, § 3)
FIDELITY GUARANTY AND ACCEPTANCE CORP.
· Box 2863, HOUSTON, TEXAS 77252-2863
,~ (713) 599-2575
AUGUST 30, 1999
FIDELITY GUARANTY A'yD A,_ J?'T*,~;C ~Z C.~}AP FIDEL~TY GUARANTY ANO ~CCEPTA~E CC:RP ~Im,~¢'..iW GUA~AN~ AND ACCEPTANCE CORP FIDELI~ GUARAN~ AND ACCEPTANCE
FIDEL~iY GUA. RA%; ' ' ,'- :,' '. L. ::2 ~r F~DEt CF( ~UAR~T¢ nN7~ AC~P'~NCE CC~F' 31; . ~ ,' 7~ ~U:'f AND ACCEPTANCE C3RP FiDEL~ GUARANTY AND ACCLP%~NCF
%~" D ~
.........
FIDFq.,T~' %UARA~. ~* : ...... : , '
:,z~,_ ~ ISS~R ~ ACC~~D"BY BE~FIC~Y'S
~- :~- -' ~"'~ ~T ~T~ PLAT OF
";~ ~PECTION SATISFA~ORY TO COLL.' CO~ ~S NOT BE~ PE~O~D ~O~'TO
";~-' AUC~ST 30, 1~9".' ~ O~G~T~ oF ~IT
'~-- ~CH ~S ~ OFC~IT ~LA~S,
: , ',' ,.~
t
ISSUER HEREBY ENGAGES WITH BENEHCIARY THAT DRAFT(S) DRAWN UNDER AND IN
FIDELITY GuA~O~~r~i~I~I~.~I~-i:I~I.~;T~3OF~I~~.~I~~~ ~oI~~RANT¥ AND ACCEPTANCE
F~D~L,~~(t~~r~ ~,~~ ~ ~[~ .~.FiOELITY GUARANTY AND ACCE~ANCE CaRP FIDELFFtr GUARANTY AND ACCEPTANCE
;,~)Et.!~V ,],.JARAN~ AN~ ~CCE~r~;CE CS~P ;'[~F-~ ~T¥ (SLJA~A*~,' ~,j(} ACt]EPT~NCE CORP FiDEL~ GUARANTY AN~ ~C~PT~N~ CORP FIDELI%¢ GUARANfY AND ACCEPTANCE
FIDELI} ~ G[JARANT'r AND ACCE=~At4~F 3DR~ FIDFL~TTM C(~A~AN} ~' AND/*CCEPTAh~CE CORP FiDELI~ GUARAN~ AND ACCEPTANCE CORP FID~I I~¢ GUA~AN~ AND ACC~ANCE
-'E,ELmy '/~ARA~IT ' ~r,,3 AC¢]ZFTAf~;E - %,r~ ~ D~L" ' ,~. '~ ~ '-':' afl[]) ACSEPTANCE CORP FIDEL:]Y 3UARANTY AND ACCEPTANCE CCRP FtDBLIIY GUARAN~f AND &CCEPTANCE
May 25, 1999
Item #16A7
EXCAVATION PERMIT NO. 59.694 OTERO, LAKE 2 EXCAVATION BOUNDED ON THE
NORTH BY VACANT LOT, ON THE EAST BY VACANT LOT, ON THE SOUTH BY 56?~
AVENUE NE R/W AND THE WEST BY VACANT LOT - WITH STIPULATIONS LISTED
IN THE EXECUTIVE SUM/4ARY
Item #16A8
RESOLUTION 99-238 RE A 50% WAIVER/50% DEFERRAL OF IMPACT FEES FOR ONE
HOUSE TO BE BUILT BY RAFAEL MORALES AND JUANA PEREZ IN NAPLES MANOR
UNIT ONE, COLLIER COUNTY, IN THE AMOUNT OF $6,779.52 WHICH WILL BE
PAID THROUGH (S.H.I.P) REVENUE FUNDS
Page 110
FlAY 2 5 1999
RESOLUTION NO. 99-238
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, AUTHORIZING 50% WAIVER 50%
DEFERRAL OF LIBRARY SYSTEM IMPACT FEES, PARKS AND
RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL
FACILITIES SYSTEM IMPACT FEES AND WATER AND/OR SEWER
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY RAFAEL
MORALES AND JUANA PEREZ AT 5204 FLORIDIAN AVENUE,
NAPLES MANOR UNIT ONE, IN COLLIER COUNTY, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate, low, and very-low income households in the County and the need for
creative and innovative programs to assist in the provision of such housing by including several
provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1;
objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy
1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the
Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives
Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida
Administrative Code; and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is
authorized to use funding from the State Housing Initiatives Parmership [SHIP] Program for waivers of
Collier County impact fees; and
WHEREAS, Rafael Morales and Juana Perez are seeking a 50% waiver/50% deferral of
impact fees; and
WHEREAS, Rafael Morales and Juana Perez will construct a three bedroom unit (the
"Dwelling Unit") at 5204 Floridian Avenue in Naples Manor Unit One, in Collier County, Florida; and
WHEREAS, the Dwelling Unit will be owned by a low income household, and
WHEREAS, Rafael Morales and Juana Perez submitted to the office of the Housing and
Urban Improvement Department an Affordable Housing Application dated April 2, 1999 for a 50%
waiver/50% deferral of impact fees for the construction of a house at 5204 Floridian Avenue in Naples
Manor Unit One, in Collier County, Florida, a copy of said application is on file in the Housing and
Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems
Impact Fee Ordinance, Ordinance No. 98-60, Section 3.04 of the Library System Impact Fee
Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities
Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee
Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services
System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational
MAY 5 1999
Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a
50% waiver/50% deferral of impact fees by qualifying for a waiver/deferral; and
WHEREAS, Rafael Morales and Juana Perez have qualified for an impact fee waiver/deferral
based upon the following representations made by Rafael Morales and Juana Perez:
A. The Dwelling Unit shall be owned by a first-time home buyer.
B. The Dwelling Unit shall be owned by a household with a low income level as that term is
defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to
purchase the unit must be within the affordable housing guidelines established in the
Appendices to the respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for fit~een (15) years from the date the certificate of
occupancy is issued.
NOW, THEREFORE, BE IT RESOLVED BY THE
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1.
BOARD OF COUNTY
The Board of County Commissioners hereby authorizes the County Administrator to issue an
Authorization for 50 % waiver/50% deferral of impact fees to Rafael Morales and Juana Perez
for one (1) house which shall be constructed at 5204 Floridian Avenue in Naples Manor Unit
One, in Collier County, Florida.
Upon receipt by the Housing and Urban Improvement Director of an agreement for 50%
waiver/50% deferral of impact fees signed by Rafael Morales and Juana Perez, or other
documentation acceptable to the County Attorney, the Board of County Commissioners hereby
authorizes the payment by Collier County of the following impact fees from the Affordable
Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at
at 5204 Floridian Avenue in Naples Manor Unit One, in Collier County, Florida by Rafael
Morales and Juana Perez:
Fo
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
(1) Regional Parks
(2) Community Parks
EMS Impact Fee
Educational Facilities System
Impact Fee
Sewer Impact Fee
Water Impact Fee
Total Impact Fees
179.00
399.O0
14.00
1,778.00
1,575.00
1,275.00
6,779.52
MAY ~ 5 i999
3. The payment of impact fees by Collier County is subject to the execution and recordation of
an Affordable Housing Agreement for payment of Collier County Impact Fees between the
property owner and/or purchaser and the County.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Attest '~, to, Chale~/~6-' s .~
Appr6ved-- -~ to.fora '~
. leg~;1 ?fficiency: _'
~eidi ~. XSh[on -
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA ~.
By:
P
jd/c/reso/morales/perez
MAY 2 5 1999
EXHIBIT "A"
LEGAL DESCRIPTION
RAFAEL MORALES AND JUANA PEREZ RESIDENCE
LOTS 1 AND 2, BLOCK 8, NAPLES MANOR UNIT 1, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 3, PAGES 57 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
47'
I
i
.)
This
CLBRK ?0 ?HB BOARD HCORDB0 tn ~he O~HCHL RBCORDS o~ COLLIIqt ~01/!~?~, FL HC H! 37,50
III?BROFFICB 47H FLOOR o5/28/1999 at 09:09A1( 9#IGH? B. BROCK, CLERK COPIES 8,00
BZT 7240
MAY 2 5 1999
AGREEMENT FOR 50%WAIVER/S0% DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES
Agreement for the Waiver of Impact Fees entered into thi~day of
, 1999 by and between the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as "COUNTY" and Rafael Morales and Juana Perez,
hereinafter referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County
Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the
Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County
Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System
Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County
Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier
County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No.
98-69, the Regional Water and/or Sewer Systems Impact Ordinance, as they may be further
amended fi.om time to time hereinafter collectively referred to as "Impact Fee Ordinance",
provide for waivers of impact fees for new owner-occupied dwelling units qualifying as
affordable housing; and
WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees as
required by the Impact Fee Ordinance, a copy of said application is on file in the office of
Housing and Urban Improvement Department; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing 50%
waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and
OR: 2552 PG: 1049
HAY 2 5 1999
WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the
requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying
the project as eligible for an impact fee waiver/deferral and
WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER
embodied in Resolution No. 99- ~>~ at its regular meeting of ~ ,,~ ~ t 1999; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE; in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference
herein·
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the
appendices to the Impact Fee Ordinance for a period of fifteen (15) years
commencing from the date the certificate of occupancy is issued for the Dwelling
Unit·
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
a. Owner maintains a household with a low income as defined in the
appendices to the Impact Fee Ordinance and the monthly payments to
purchase the Dwelling Unit ~must be within the affordable housing
guidelines established in the appendices to the Impact Fee Ordinance;
b. Owner is a first-time home buyer;
2
OR: 2552 PG: 1050
c. The Dwelling Unit shall be the homestead of owner;
d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years
from the date the certificate of occupancy is issued for the Dwelling Unit;
and
e. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $6,779.52 pursuant to the Impact Fee
Ordinance. In return for the 50%waiver/50% deferral of the impact fees
owed by OWNER, OWNER covenants and agrees to comply with the
affordable housing impact fee waiver qualification criteria detailed in the
Impact Fee Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit
shall be sold only to households meeting the criteria set forth in the Impact Fee
Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable
housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such
period, the impact fees shall be immediately repaid to the COUNTY, except for
waived impact fees if the dwelling unit has been used for affordable housing for a
continuous period of fifteen years after the date the certificate of occupancy is issued.
7. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien
may be foreclosed upon in the event of non-compliance with the requirements of this
Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements
and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, and upon payment of the deferred impact
OR: 2552 PG: 1051
NAY 2 5 1999
fees, the COUNTY shall, at the expense of the COUNTY, record any necessary
documentation evidencing the termination of the lien, including, but not limited to, a
release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and
assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original
OWNER shall remain liable for the impact fees waived/deferred until said impact fees
are paid in full or until the conditions set forth in the Impact Fee Ordinance are
satisfied. In addition, this Agreement shall run with the land and shall remain a lien
against the Dwelling Unit until the provisions of Section 8 are satisfied.
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 Chairman of the Board of County
Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails
to sell the Dwelling Unit in accordance with the affordable housing standards and
qualification criteria established in the Impact Fee Ordinance and thereafter fails to
pay the impact fees within 30 days of said non-compliance, or (2) where OWNER
violates one of the affordable housing qualification criteria in the Impact Fee
Ordinance for a period of thirty (30) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should
OWNER violate any provisions of this Agreement, the impact fees waived/deferred
shall be paid in full by OWNER within 30 days of said non-compliance. OWNER
agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling
Unit commencing on the effective date of this Agreement and continuing until repaid.
4
Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and
shall be on parity with the lien of any such County taxes. Should the OWNER be ix]
default of this Agreement, and the default is not cured within thirty (30) days after
written notice to OWNFR, the Board may bring civil action to ex]force this
Agreement. In additiox], the lien may be foreclosed or otherwise enforced by the
COUNTY by actiox] or suit in equity as for the foreclosure of a mortgage ox] real
property. "['his remedy is cumulative with any other right or remedy available to the
COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the
Board in enforcin§ this ^greement, plus interest at the statutory rate for judgmex]ts
calculated on a calex]dar day basis until paid.
IN WITNESS WHFREOF, the parties have executed this ^grccrncnt for
Waiver/Deferral of Impact Fees on the date and year first above written.
Witnesses:
Print Name ~.~.
CO~TY OF
The foregoing
[NOTARIAL SEAL]
My Comm Exp. 2/17/2001
NOTAR'~ ;~
[~(~1.~(~2 ~°J ~o.ded ~y Se~ice Ins
~ / No. CC622512
OWNER:
Rafael Morales
instrument was acknowledged before me this ~9.,~ day of
,1999, by Rafael Morales. He is personally known to me or produced
,(type of identification) as identification.
Si~u~e-Of: Perso~ ~ aki~g Acknowledgment
OR: 2552 PG: 1053
HAY 2 5 1999
Witnesses:
~'int N~ne
STATE OF
COUNTY OF
J~a Perez
The foregoing
I
**iqlfA W. 80Lr
No,, CC622512
~,.~,y Known [ 101~'1.~
instrument was acknowledged before me this ~,2.~.. day of
, 1999, by Juana Perez. She is personally known to me or produced
(type of identification) as identificat~n. '
Signature of Person Taking Acknowledgment
,' ','.;. ...,--....~--~.~ ~,'.~GI~.$:E~.~..¥~. 'Clerk
Approved ~ to fora ~d
legal sufficiency ,
Heidi F. Ashton
Assist~t Co~ty Attorney
BOARD OF COUNTY COMISSIONERS
COLLIER COUNTY, FLORIDA
/
jd/c/agreements/morales/perez
6
OR:
2552 PG: 1054
HAY 2 5 1999
EXHIBIT 'A'
LEGAL DISCRIPTION
RAFAEL MORALES AND JUANA PEREZ RESIDENCE
LOTS 1 AND 2 OF BLOCK 8, NAPLES MANOR UNIT 1, ACCORDING
TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGE 57, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
f
Lo'?- g
,,a. VF__
47"
May 25, 1999
Item #16A9
RESOLUTION 99-239 RE EXTENDING THE LAKE TRAFFORD RESTORATION AD HOC
TASK FORCE THROUGH MAY 7, 2000 AND RE-APPOINTING/APPOINTING BARBARA B.
BERRY, DR. GEORGE G. YILMAZ, ED CARLSON, DR. ERIC FLAIG, GENE HEARN~
JON M. IGLEHART, FRANK MORELLO, EDWARD .SKI. OLESKY, MILES "~OCKY.
SCOFIELD, MICHAEL SIMONIK, JACKIE SMITH, CLARENCE N. TEARS, JR., FRED
N. THOMAS, JR., AND PAM BROWN
Page 111
HAY 2 5 1999
RESOLUTION NO. 99-239
A RESOLUTION EXTENDING THE TERM OF THE LAKE TRAFFORD
RESTORATION TASK FORCE AND REAPPOINTING I APPOINTING MEMBERS TO
THE LAKE TRAFFORD RESTORATION TASK FORCE.
WHEREAS, the Board of County Commissioners of Collier County, Florida adopted Resolution Nos. 96-
225, 9%250, and 98-11g, establishing the Lake Trafford Restoration Task Force for a period of one year and then
extending the term for additional one (1) year periods to expire May 7, 1999; and
WHEREAS, in order to finalize the work necessary to restore Lak~ Trafford, it will bc necessary to extend
the term of this ad hoc committee for an additional one (1) year period; and
WHEREAS, the Chairman of the Lake Trafford Restoration Task Force provided the Board of County
Commissioners with a list of current and suggested members to be appointed and/or re-appointed to this committee.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
The Lake Tmfford Restoration Task Force is hereby extended for an additional period of one (1)
year, said term to expire May 7, 2000.
The following members are hereby re-appointed / appointed to the Lake Trafford Restoration Task
Barbara B. Berry, Board of County Commissioners
Dr. George G. Yilmaz, Director, Pollution Control & Prevention Department
Ed Carlson, South Florida Area Manager, National Audubon Society
Dr. Eric Flaig, Senior Engineer, South Florida Water Management District
Gene Heam, Pepper Ranch & Preserve
Jon M. Iglehart, Environmental Administrator, Department of Environmental Protection
Frank Morello, Biological Administrator, Division of Fisheries, Everglades Region,
Game & Fresh Water Fish Commission
Edward "Ski" Olesky, Lake Trafford Marina, Inc.
Miles "Rocky" Scofield, Scofield Marine Consulting
Michael Simonik, Environmental Policy Facilitator, The Conservancy
Jackie Smith, Regional Biologist, Department of Environmental Protection
Clarence N. Tears, Jr., Director, Big Cypress Basin, South Florida Water Management District
Fred N. Thomas, Jr., Greater Immokalee Chamber of Commerce
Pam Brown, Immokalee, Florida
This Resolution adopted thisO~-'~day of ~ ,1999 a~r motion, second and majority vote
favoring same.
ATTEST:
DWIGHT E. BROCK, CLERK
IcS~ sufficiency: s;-
Dadd C. Weige~
Co~W A~om~
BOARD OF COUN2~ COMMISSIONERS
IvI~AMELA S. MAC'KIE, CHAI]~qOMAN
/
ap/0Yilmaz/resolution 1999-Lake Tratford Restoration Trak For~e extension
May 25, 1999
Item #16Al0
SITE ALTERATIONS EXCEEDING 25 ACRES FOR CLEARING AND FILLING 65.6
ACRES IN THE NAPLES LAKES COUNTRY CLUB DEVELOPMENT
Item #16All
FINAL ACCEPTANCE OF SEWER FACILITIES, HERITAGE LINKS AT NAPLES
w~RITAGE
Item #16A12
FINAL PLAT OF .SOUTHPORT ON THE BAY UNIT 2B"
Item #16A13
FINAL PLAT OF "NAPLES LAKES COUNTRY CLUB" - WITH CONSTRUCTION AND
MAINTENANCE AGREEMENT AND STIPULATIONS AND PERFORMANCE SECURITY
Page 112
COLLIER COUNTY LAND DEVELOPMENT CODE
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this ~4~ day of a~,,D~o~~ 19 P~ between
TBI/Naples Limited Partnership hereinafter referred to per,~' and the Board of
County Commissioners of Collier County, Florida, hereinafter referred to as the "Board".
RECITALS:
Ao
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:
Naples Lakes Country Club
Bo
Division 3.2 of the Collier County Land Development Code requires the Developer
to post appropriate guarantees for the construction of the improvements required by
said subdivision regulations, said guarantees to be incorporated in a bonded
agreement for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
Developer will cause to be constructed:
Phases 1, 2, 3 and 7 of the Naples Lakes Country Club Site Improvement Plans.
Improvements include roadway, drainage, water and sewer utilities.
within 36 months from the date of approval said subdivision plat, said improvements
hereinafter referred to as the required improvements.
Developer herewith tenders its subdivision performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$3,025,596.00 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.
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.
'g:\Toll\Typing\SubdivYLdcsbimp.do¢
o
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 Development
Services Director for compliance with the Collier County Land Development
Code.
The Development Services Director 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 Director's
approval of the improvements. However, in no event shall the Development
Services Director refuse preliminary approval of the improvements if they are in
fact constructed and submitted for approval in accordance with the requirements
of this Agreement.
The Developer shall maintain all required improvements for a minimum period
of one year after preliminary approval by the Development Services Director.
After the one year maintenance period by the Developer has terminated, the
Developer shall petition the Development Services Director to inspect the
required improvements. The Development Services Director 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.
Six (6) months after the execution of this Agreement and once within every six
(6) months thereafter the Developer may request the Development Services
Director 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 Development Services Director. The
Development Services Director 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.
o
In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Administrator 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
'gSToll\Typing\Subdiv\Ldcsbimp.doc
2
thereof, including, but not limited to engineering, legal and comingem costs,
together with any damages, either direct or consequemial, which the Board may
sustain on account of the failure of the Developer to fulfill all of the provisions of
this Agreemem.
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 Developer have caused this Agreemem to be
executed by their duly authorized representatives this w~'2:~day of '¢9/o~t.. ,19 ~.
·
SIGNED, SEALED AND DELIVERED
II~//THI~ PRESENCE OF:
Printed or Typed Name
T~lqaples Limited Partnership ....
By: I ~/~ ~ ~"~/~/P
Arthur Friedman
Primed or Typed Name
Assistant Vice Presidem
Title
Printed or Typed Name
'Sufficiency:
David~E.-Weigel
County Attorney
'g:\Toll\Typing\Subdiv~lcsbimp.do¢ 3
~46V ? ~ ~qqQ
BOND#929105788
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that TBI/NAPLES LIMITED PARTNERSHIP
OWNED BY WHOLLY-OWNED SUBSIDIARIES OF TOLL BROTHERS, INC. (hereinafter referred
to as "Owner") and CONTINENTAL INSURANCE COMPANY (hereinafter referred to as "Surety")
are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total
aggregate sum of THREE MILLION TWENTY FIVE THOUSAND FIVE HUNDRED NINETY SIX
AND NO/100 Dollars ($3,025,596.00) in lawful money of the United States, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural,
as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval
by the Board of a certain plat of a subdivision to be known as Naples Lakes Country Club and that
certain subdivision shall include specific improvements which are required by Collier County
Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the
Surety shall commence on the date of this Bond is executed and shall continue until the date of final
acceptance by the Board of County Commissioners of the specific improvements described in the Land
Development Regulations (hereinafter the "Guaranty Period").
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by the
County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save
harmless the County from and against all costs and damages which it may suffer by reason of Owner's
failure to do so, and shall reimburse and repay the County all outlay and expense which the County may
incur in making good any default, then this obligation shall be void, otherwise to remain in full force and
effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no
change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in
any way affect its obligation on this Bond, and it does hereby waive notice of any such change,
extension of time, alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner
and the Surety to the full and faithful performance in accordance with the Land Development
Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond,
or other documents shall include any alteration, addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 8 TH day of JULY, 1999.
A
TBI/NAPLES LIMITED PARTNERSHIP
BY: TOLL FL GP CORP. ITS GENERAL
CONTINENTAL INSURANCE COMPANY
D~lel P. Duniga~-- At.t~in-Fac~
k .a,l.~ imV MM iltlB_.~ myM JULY
Ww~du~s~, ~X/14/2000
NOTARIAL SEAL.
AItLENE OSTROFT, llotar/~
St. Oavids, t~d~mr~ County, P.~
My Commission Expires flovember 14,
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT MAY 2 § t99.q
Know All Men By These Presents, That THE CONTINENTAL INSURANCE COMPANY, a New Hampehim corporation, FIREMEN'S
INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, and COMMERCIAL INSURANCE COMPANY OF
NEWARK, N.J., a New Jersey corporation (herein collectively called 'the CIC Surety Companies"), are duly organized and existing corporstions
having their principal offices in the City of Chicago, and Stats of Illinois, and that they do by virtue of the signature and seals herein affixed hereby
make, constY0dts and appoint William F. O'Bden~ William F. Simkiss, John R. Wa'~e, John A. Simkiss~ II1~ Dan'ml P. Duni~lan~ Individually
of St. Davids, Pennsylvania
their true and lawful Attomey(s)-in-Fact with full power and au~ority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney, pursuant to the au~ority hereby given are hereby ratified and con§rmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the ClC Surety Companies have caused these presents to be signed by their Vice President and their corporate seals
to be hereto affixed on this 2nd day of March , 1999
'* .... ";'" T,E CONT NENTALI.SU,^,CE CO ,AN
~~ .~-[~t ,,:"c~'-- FIREMEN'S INSURANCE COMPANY OF N~AR~ NEW JERSEY
[~?~:: ~ ~%~ ~ ~ COMMERCIAL INSU~NCE COMPANY OF NEWAR~ N.J.
· ..~. ~.-
Marvin J. Cashion
Vice President
State of Illinois, County of Cook, ss:
On this 2nd day of March , 1999 , before me personally came
Marvin J. Ceshion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that
he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY
and COMMERCIAL INSURANCE COMPANY OF NEWARK, N.J. described in and whioh executed the above instrument; that he knows the
seals of said corporations; that the seals affixed to the said instrument are such corporate seals; fi'mt they were so affixed pursuant to authority
given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to
be the act and deed of said corporations.
My Commission Expires March 6, 2(X)O
Mary Jo Abel Notary Public
CERTIFICATE
I, Mary .~ Ribikawskis, Assistant Secretary of THE CONTINENTAL INSURANCE COMPANY, FIREMEN'S INSURANCE COMPANY OF
NEWARK, NEW JERSEY and COMMERCIAL INSURANCE COMPANY OF NEWARK, N.J. do hereby certify that the Power of Attorney herein
above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation pdntsd on the
reverse hereof are still in force. In testimony wherepf_l_h~ve hereunto subscribed my name and affixed the seals of the said corporations
this 8TH day of JULY ,
].999
· . ...... ,.~... ~ ~"~.~. THE CONTINENTAL INSURANCE COMPANY
.'.... " FIREMEN'S INSURANCE COMPANY OF NEW JERSEY
~~4,~\~__~'~'~',l'_~,..._,-'"-'" ~"~ COMMERCIAL INSURANCE COMPANY oFNEWAR~NEWAR~ N.J.
· .. . ',...~";*.~?
Ma~ A. Ribi~s A~i~nt S~r~
(Rev.lOIl~7)
CNA INSURANCE COMPANIES
HAY 2 5 999
THE CONTINENTAL INSURANCE COMPANY
STATEMENT OF ASSETS AND LIABILITIES
December 31, 1998
~SETS:
Cash
Short-term investments (prindpally U.S. Govemment Obligations)
United States Government obligations
Other public bonds
Industrial and miscellaneous bonds
Preferred stocks
Common stocks of affiliated companies
Other common stocks
Real Estate
Premiums and agents' balances in course of collection
Premiums, agents balances and installments booked but
deferred and not yet due
Accrued retrospective premiums
Accrued interest dividends and rents
Other Assets
Admitted Assets
LIABILITIES:
$ 20,977,289
151,004,714
701,716,653
134,457,159
241,389,049
416,230
290,852,575
37,096,221
118,566,092
67,924,633
138,091,717
24,752,250
16,056,767
214,678,627
$ 2,157,979,976
Unearned premium reserve
Reserve for loss and loss adjustment expense
Reserve for taxes, licenses and fees (including federal income taxes)
Other Liabilities
Total Uabilifies
325,284,453
· 975,875,318
11,664,029
317,288,716
$ 1,630,112,516
SURPLUS:
Capital paid up ($5.00 par value)
Shares authorized: 10,713,272 issued:
Surplus
Surplus as Regards Policyholders
Total
10,713,272 $ 651,001,557
(123,134,097)
527,867,460
$ 2,157,979,976
Fa. ilure of items to add to totals shown is due to roundin8. ..
State of Illinois )
)ss
County of Cook)
On this 30th day of April, 1999, before me came John/vt. Squarok and tvta~/A. Ribikawskis, known
to me personally to be the Group Vice President and the Assistant Secretary, respectively, of the
Continental Insurance Company being fidl,v .~wnrn; certi~ and attest, that the foregolqg
statement is a true and correct statement of the assets and liabilities of the said company as of
· "OFFICIAL SEAL" ·
: SUSAN CAROL COGHLAN ~
N01'AR¥ OF ILLINOIS
Aug. 2L 1999:
May 25, 1999
Item #16A14
EARLY WORK AGREEMENT FOR CEDAR HAMMOCK GOLF COURSE
Page 113
SUBDIVISION IMPROVEMENTS EARLY WORK AGREEMENT FOlkSY ~
CEDAR HAMMOCK
THIS AGREEMENT, made and entered into thi~~-day
1999, by and between THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA (hereinafter referred to as "County") and U.S HOME CORPORATION, a Delaware
corporation (hereinafter referred to as the "Developer").
5 999
WHEREAS, Developer is the record title owner of real property in Collier County described
in Exhibit "A" hereto, and due to the size and complexity of the golf course portion of the subject
project, demands for certain infrastructure which is specifically described herein exceed the rate at
which the remaining portions of the subject project would typically be expected to develop and
provide infrastructure supporting the golf course portion of the subject project; and
WHEREAS, Developer is desirous of constructing subdivision improvements prior to the
approval and recordation of subdivision plat for the subject project: and
WHEREAS, the Developer wishes to construct a golf course hereinafter referred to as the
Cedar Hammock Country Club in accordance with the Collier County Land Development Code,
Collier County Ordinance 91-102. The Infrastructure which is the subject of this Agreement needed
to support the golf course is specifically described in Exhibit "B" .; and
WHEREAS, this golf course is to be constructed in an area remote from existing or
immediately planned infrastructure and the golf course construction requires grow.-in and other lon, g
lead time items; and
WHEREAS, the construction planned does not and will not be amended to include plans for
residential or clubhouse related uses beyond the limited infrastructure subject to this Agreement; and
NOW THEREFORE, in consideration of the premises, the mutual undertaking of the parties,
and other good and valuable consideration, it is agreed by the parties hereto as follows:
1. The foregoing recitations are true and correct and are incorporated herein by
reference.
2. Developer agrees to proceed with the plat for the golf course and the required
infrastructure to support the golf course. The plat shall remain unrecorded and no bonding shall be
required while the Developer completes the golf course and the related infrastructure described in
Exhibit "B" . Developer agrees to execute a construction and maintenance agreement in a format
acceptable to the County at the time of plat approval by the Board of County Commissioners of the
golf course.
MAY 2 5 {999
3. Developer agrees to complete the golf course and its required improvements within
three years. Operation of the completed golf course shall not commence until the final plat is
recorded and the County grants preliminary acceptance to the required subdivision improvements
and all required support facilities are in place and approved for occupancy and use as a golf course
facility.
4. Developer agrees to dedicate and grant, without cost or reimbursement to the County,
all necessary easements to the County and all other service providers to serve the golf course and
remaining portions of the overall project and other lands, provided said easement grants do not
unreasonably interfere with the use and operation of the golf course.
5. Developer agrees to record the final plat upon completion of construction and final
inspection of infrastructure and lake excavation work and agrees to provide a maintenance bond for
the infrastructure required to the provisions of the Collier County Land Development Code, Collier
County Ordinance 91-102, as amended or its successor in function, same being sometimes
referenced herein as "Subdivision Regulations".
6. Developer shall prepare subdivision construction plans and a final plat and shall
submit these plans and plat for review and approval in accordance with the Subdivision Regulations.
Plans shall include where applicable water management lakes, conveyance structures and outfalls,
irrigation facilities, other permanent or temporary access roads or utilities, utility crossings and the
like, and site clearing.
7. Developer shall obtain all requisite federal, state and local permits and approvals and
shall construct the infrastructure subject to this Agreement including the aforementioned golf course,
lakes and water management facilities, irrigation pump stations, shelters, temporary infrastructure
and any maintenance facility in accordance with all applicable federal, state and local regulations,
land use and land development regulations.
8. Developer agrees and acknowledges that any temporary water, sewer, and access
facilities, if required, shall be abandoned in favor of permanent connection at such time as the
permanent services are available to the site. Verification and approval of any temporary facilities
will be made during the site development plan and/or building permit review process, whichever is
applicable.
9. Developer agrees that a Site Development Plan (sometimes referred to herein as
"SDP") shall be submitted for any vertical construction, such as maintenance facility or proposed
structures serving the golf course in accordance with Ordinance 82-02, as amended by Ordinance
90-24, or their successors in function, to obtain site plan approval. After the SDP is approved
Developer shall be allowed to apply for building permits which directly relate to the development
of structures for the golf course only. Any proposed clubhouse or like facility shall not be deemed
to be part of this Agreement or the infrastructure addressed herein.
MAY 2 5 1999
10. County agrees and shall permit the Developer to proceed with the planning,
permitting and construction of the golf course irrigation pump station, rest shelters, maintenance
facility, and requisite infrastructure which is the subject of this Agreement. Issuance of County
approvals to commence construction of the subdivision improvements shall be conditioned upon the
following:
a) Upon the County Manager, or his designee, finding that the subdivision construction
plans and documents and final plat for the golf course are in compliance with the
provisions of the Growth Management Plan and the Subdivision Regulations and
thereafter upon approval of same by the Board of Commissioners during a regularly
scheduled meeting.
b) Developer's submittal to County a copy of the following permits and/or approvals:
A Standard General Permit for Incidental Site Activities from South Florida Water
Management pursuant to Chapter 40E-40.042, F.A.C.
An Authorization of Work within Jurisdictional Wetlands issued by the Corps of
Engineers
c) Developer posts the necessary lake excavation bonds pursuant Ordinance 88-26, as
amended, or its successor in function.
Upon full and good faith compliance with the provisions of this paragraph, the County shall process
the building permits subject to normal review procedures. A certificate of occupancy for those
building permits approved under the terms of this Agreement will be issued upon satisfactory
completion of building and site construction in accordance with approved plans. Occupancy and
operation of any irrigation system, maintenance facility, or rest stations shall not be withheld
pending the preliminary acceptance of the Cedar Hammock golf course infi'astmcture and
recordation of the Cedar Hammock golf course plat, provided all necessary temporary or permanent
support infrastructure is completed and properly placed in service by the County.
11. County shall not permit and the Developer shall not seek to place the golf course in
service until the final plat of the golf course is recorded, preliminary acceptance of the golf course
infrastructure is granted by the County and all temporary or permanent water, sewer drainage and
access facilities are available to support the golf course and its related uses and activities.
12. All notices required or permitted to be given hereunder shall be in writing as follows:
If to County
With copies to
If to Developer
County Manager
Courthouse Complex
Naples, Florida 34112
Development Services Director
and Project Plan Review Manager
Peter Comeau
U.S. Home Corporation
10491 Six Mile Cypress Parkway
Fort Myers, Florida 33912
MAY Y 5 i999
13. This agreement shall be binding upon the parties, their successors and assigns, and
shall mn with and bind the lands described and encompassed herein.
14. Developer agrees to indemnify and hold County harmless against any and all liability,
loss, damage or expense from claims or causes of action, including attorney's fees and court costs,
resulting from a challenge by any person or entity objecting to the legality or validity of this
Agreement.
15. Unless terminated by the written mutual consent of the parties hereto, this Agreement
shall terminate upon final acceptance of the infrastructure and subdivision improvements addressed
herein upon the final acceptance of same by the County in accordance with the Subdivision
Regulations.
IN WITNESS WHEREOF the parties have executed this Agreement the date first above
written.
Signed, sealed and
delivered in the
presence off
Signature of Witness #1
Printed Name of Witnj~ # 1
~igr~at~re of W~tness~2 -
Printed Name of ~qitness #2 -
BOARD OF COUNTY COMMISSI~)NERS
~ -~;~ . ' . '- , · .:..
Attest:
Peter Comeau, Regional Vice President
Southwest Florida Division
State of Florida
County of Collier
The foregoing instrument was acknowledged before me this
199_q_ by
~' dayof P4,4 ~/ ..... ,
Peter Comeau, Regional Vice President of U.S. Home Corporation, who is personally
~ or who has produced
did / did not take an oath.
as identification and who
Printed Name of Notary
4
EXHIBIT "A"
TO GOLF COURSE EARLY WORK AGREEMENT FOR
CEDAR HAMMOCK
MAY
5 1999
DESCRIPTION OF LANDS SURVEYED
A TRACT OF LAND LYING IN A PORTION OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LESS THE WEST HALF OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LYING WEST OF ISLE OF CAPRI ROAD (STATE ROAD NO.
951), LESS AND EXCEPT A 25 FOOT WIDE DEDICATED RIGHT OF WAY AS RECORDED
IN OFFICIAL RECORD BOOK 2015, PAGE 1500 THROUGH 1502 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LYING SOUTHEASTERLY OF DAVIS BOULEVARD
(STATE ROAD NO. 84).
SAID PARCEL CONTAINING 417.32 ACRES MORE OR LESS, SUBJECT TO EASEMENTS,
RESTRICTIONS AND RESERVATIONS OF RECORD.
EXHIBIT "B"
TO GOLF COURSE EARLY WORK AGREEMENT FOR
CEDAR HAMMOCK
MAY 2 5 {999
LIST OF INFRASTRUCTURE IMPROVEMENTS:
o
3.
4.
5.
The clearing of that portion of the property described by Exhibit "A" as shown by the
attached drawings entitled "PWA Construction Plan" and "PWA Construction Details"
prepared by Banks Engineering, Inc. and dated 4/12/99 which are included herein by
reference.
The excavation of the proposed water management lakes and the filling of portions of the
cleared area.
The construction of all water management berms, perimeter ditches and terminal features.
The installation of the piping and intermediate structures interconnecting the water
management lakes as well as the discharge structures.
The installation of the golf course and its infrastructure including, but not limited to, golf
course filling, grading and grassing, its irrigation and drainage systems, golf cart and
pedestrian paths and bridges, rock rip-rap and wooden retaining walls and rest shelters.
The construction of an internal haul road consisting of both an embankment and subdivision
improvements for future development phases as shown by the aforementioned attached
drawing.
The construction of roadway and subdivision infrastructure improvements at the Project's
entrances within the rights-of-way of County Road 951 and State Road 84.
The construction of the internal haul road for the Project.
6
May 25, 1999
Item #16A15
BUDGET AMENDMENT FOR THE PROVISION OF TRANSPORTATION DISADVANTAGED
SERVICES TO BE INCREASED BY AN ADDITIONAL $139,503.00
Item #16B1
FISCAL YEAR 2000 COMPENSATION IN THE AMOUNT OF $48,000 FOR SEVERN
TRENT ENVIRONMENTAL SERVICES, INC. TO PROVIDE FOR CURRENT CONTRACT
MANAGER SERVICES FOR THE PELICAN BAY SERVICES DIVISION
Item #16B2
WORK AUTHORIZATION UNDER THE PELICAN BAY SERVICES DIVISION'S CURRENT
PROFESSIONAL ENGINEERING AGREEMENT WITH WILSON, MILLER, BARTON & PEEK
IN AN AMOUNT NOT TO EXCEED $5,000.00, TO PREPARE THE PRELIMINARY AND
FINAL ASSESSMENT ROLL FOR THE NON-AD VALOREM ASSESSMENTS FOR
BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS, AND
MAINTENANCE OF CONSERVATION OR PRESERVED AREAS, U.S. 41 BERMS, STREET
SIGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS AND LANDSCAPING
IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL WITHIN THE PELICAN BAY
MUNICIPAL SERVICES TAXING AND BENEFIT UNIT
Page 114
HAY 2 5 1999
WORK AUTHORIZATION
This Work Authorization made and entered into thiscl~/~ay of/'}el/lq , 1999, by and
between the Board of County Commissioners of Collier County, Florida, ~. ~KJliti~cal subdivision of
the State of Florida, hereinafter referred to as "COUNTY" and Wilson, Miller, Barton & Peek,
Inc., a Florida corporation, hereinafter referred to as "ENGINEER".
WITNESSETH:
WHEREAS, ENGINEER entered into an engineering agreement dated January 21, 1987,
with the Pelican Bay Improvement District to perform general consulting services involving
engineering, surveying, planning, environmental management, or permitting, financial or economic
feasibility studies, water and sewer utilities, water management facilities, street lighting facilities
and other infrastructure and civil-type projects for the Pelican Bay Improvement District, as defined
by supplemental agreements; and
WHEREAS, the Pelican Bay Improvement District was dissolved and under the Plan of
dissolution, COUNTY assumed the rights and obligations of all contracts for services and materials
to which the Pelican Bay Improvements District was a party; and
WHEREAS, pursuant to the agreement between
Improvement District, COUNTY wishes to contract with
services for projects serving the Pelican Bay area.
ENGINEER and the Pelican Bay
ENGINEER to provide engineering
NOW, THEREFORE, in consideration of the premises and the mutual benefits which will
accrue to the parties hereto in carrying out the terms of this Work Authorization, it is mutually
understood and agreed as follows:
1. PROJECT DESCRIPTION:
The project consists of the preparation of preliminary and final assessment rolls for the 1999
assessments for Pelican Bay Services Division.
2. SCOPE OF SERVICES:
The ENGINEER shall provide professional services in general accordance with the
following scope:
3/31/99-55767 VeT: 01 !-AMC
HAY 2 5 1999
2.1 Preliminary Assessment Roll
2.1.1
Update the 1998 roll to include new owners. Update the per unit
assessments based on the total assessment value provided by PBSD. The
assessments will be based on dwelling units only and not acreage as in
the past years.
2.1.2
Print mailing labels and preliminary assessment letters.
2.1.3
PBSD will stuff the envelopes and mail the preliminary assessment
letters.
2.2 Final Assessment Roll
2.2.1
Based on the results of the special assessment public hearings, prepare
the final assessment role.
2.2.2
Forward copy to PBSD and tax collectors office.
3. TIME OF PERFORMANCE:
Items 2.1 through 2.2 of the Scope of Service will be completed within one hundred eight
(180) calendar days after execution of this Work Authorization by the COUNTY except for delays
beyond the control of the ENGINEER.
4. FEES TO BE PAID:
The ENGINEER shall be paid for his services at the hourly rates shown in the
COMPENSATION SCHEDULE provided in the January 21, 1987 Agreement between the Pelican
Bay hnprovement District and ENGINEER which has been amended from time to time with an
amount not to exceed $5,000.00, without approval by the COUNTY. Payments shall be made
upon monthly billing Payable within thirty (30) days of receipt of an invoice acceptable to the
COUNTY.
3/31/99-55767 Vet: 01 !.AMCINT{)S
N0103-078-00o-E PSA-20 ~20
1999
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and ye~. first above written.
""~,,~E1]J~, ,~.'.~..cjcl BOARD OF COUNTY COMMISSIONERS
;:'.; ":;':~ ~' '~:,~.' ~'~;~. ' ' COLLIER COUNTY, FLORIDA
:.w~r.~, ~ ,, ::.:" ~.,' , ~~~'
Witne~ L': .....',t "~" .'~ ~'~ · INC.
Witness Stephen A. M~s
Vice President
Approved as to form and
legal sufficiency:
l~avid ~ei~el
County Attorney
3/31/99-55767 Vet: 01
N0103-078-006-EPSA-20520
May 25, 1999
Item #16B3
SUPPLEMENTAL AGREEMENT NO. 8 WITH HOLE, MONTES AND ASSOCIATES, INC.
FOR THE IMMOKALEE ROAD SIX LANE IMPROVEMENT PROJECT NO. 69101; CIE NO.
08 IN THE AMOUNT OF $46,660.00
Page 115
SUPPLEMENTAL AGREEMENT TO
CONSULTING ENGINEERING SERVICES AGREEMENT
Project No. 69101
S/A NO. 8
MAY 5 1999
THIS SUPPLEMENTAL AGREEMENT, made and entered into this~t~r~day of
1999, by and between the Board of County Commissioners, Collier County, Florida, a political/subdivision of
the State of Florida, hereinaRer called the COUNTY, and Hole, Montes and Associates, Inc. of 715 Tenth
Street, South, Naples, Florida 34102, duly authorized to conduct business in the State of Florida, hereinaRer
called the CONSULTANT.
WITNESSETH
WHEREAS, the COUNTY and CONSULTANT heretofore on 21 May 1991 entered into an Agreement
whereby the COUNTY retained the CONSULTANT to furnished certain consulting services in connection with
proposed construction of C.R. 846 four laning improvements, Phase I&II, (Jct. 1-75 to Jct. C.R. 951), County
Project No. 69101; and,
WHEREAS, the County desires to modify the terms of said Agreement, and toward that end it is necessary
to:
TO REVISE AND/OR EXPAND UPON THE SCOPE OF ORIGINAL SERVICES OF THE PROJECT
SPECIFICALLY RELATING TO ADDITIONAL DESIGN OF STREET LIGHTING ALONG THE PROJECT
AND TO COMPENSATE THE CONSULTANT FOR ADDITIONAL COSTS TO BE INCURRED FOR
SAID ADDITIONAL SERVICES. CONSULTANT'S FEE PROPOSAL FOR ADDITIONAL SERVICES
DATED 19 APRIL 1999 IS ATTACHED AS EXHIBIT "A" AND IS HEREBY INCORPORATED AND
MADE A FORMAL PART OF THIS SUPPLEMENTAL NO. 8.
NOW THEREFORE, the Consulting Engineering Services Agreement is hereby amended and supplemented
as follows:
1. CONSULTANT shall perform services for the design of street lighting along the Project in accordance
with Exhibit "A" attached hereto.
2. Contract fee adjustment and status (this Supplemental Agreement No. 8):
3.1 Original maximum contract fee = $150,000.00
3.2 S/ANo. 1 = $299,756.53
3.3 S/A No. 2 = $ 25,921.62
3.4 S/A No. 3 = $ 35,900.00
3.5 S/A No. 4 = $181,945.00
3.6 S/A No. 5 = $ 66,766.00
3.7 S/A No. 6 = $ 4,400.00
3.8 S/A No. 7 = $ 18,220.00
3.9 This S/A No. 8 = $ 46,660.00
Current contract fee = $829,569.15
4. Contract time adjustment:
Increase -56- calendar days
5. Contract completion: To be determined by the Notice to Proceed.
6. The revised and current stun contract amount as stated above includes costs for overhead, fringe
benefits, out-of-pocket expenses, profit margin, and all other direct and indirect costs and expenses.
7. Except as hereby modified, amended, or changed, all of the terms and conditions of said original
Consulting Engineering Services Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first
above written.
Page 1 of 2
Project No. 69101
S/A NO. 8
MAY 5 1999
AS TO THE BOARD OF COUNTY COMMISSIONERS:
AS TO FORM AND LEGAL SUFFICIENCY:
ASTOTHECONSULTANT:
SIGNED, SEALED, AND DELIVERED
IN THE PRESENCE OF:
Walter F. Gilcher, Jr.
ffECOND WITNESS (NAME WRITTEN)
STATE OF FLORIDA
COUNTY OF LEE
BOARD OF COUNTY
COLLIER COUNTY, FLO.~dDA ,:.` :,.~.
,Dwight E. Brock, .CJ. er~
Sl~a'~ure on l,y.
HOLE, MONTES AND ASSOCI~T ,~.~. C:,?
· Mffrray, Sr. Vice P~ident_L.~
ATTESTS'
Ned E. Dewhirst, Vice President
(CORPORATE SEAL)
Before me, the undersigned authority, this day personally appeared Robert L. Murray and Ned E.
Dewhirst, to me well known and known to me to be Sr. Vice President and Vice President respectively, of the
Corporation named in the foregoing Agreement, and they severally acknowledged to and before me that they
executed said Agreement on behalf of and in the name of said Corporation as such officers; that the seal affixed
to said Agreement is the corporate seal of said Corporation and that it was affixed thereto by due and regular
Corporate authority; that they are duly authorized by said Corporation to execute said Agreement and that said
Agreement is the free act and deed of said Corporation.
~.I131 W.I. TNESS WHEREOF, I have hereto set my hand and affixed my official seal this ~r~.~.o~ day
of~_ .~/~_/?.~.~ , A.D. 1999.
. ~'
Not~ Public ifi'~d for the Coun~ ~d State aforesaid.
My Co~ission Expires: ~~ ~ ~/
(q~C~. NOI..Ah
# CC~m~; ..
Page 2 of 2
MAY ? 5 !999
Preserving and enhancing Florida's quality of life since 1966
HOLE, MONTES & ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
April 19, 1999
'99 APR 20 PR 2 08
Mr. Micah K. Massaquoi, P.E.
Collier County Government Center, Bldg. D
Office of Capital Projects Management
3301 East Tamiami Trail
Naples, FL 33962
RE: IMMOI~LEE ROAD, PHASE II - COLLIER COUNTY PROJECT NO. 69101
PROPOSED SCOPE OF SERVICES AND FEE
FOR STREET LIGHTING
HM&A FILE NO. 89.99
Dear Mr. Massaquoi:
Hole, Montes & Associates, Inc. (HM&A) is pleased to resubmit this proposal to Collier County
(County) for providing professional engineering services to prepare the design of street lighting along
Immokalee Road to and including the intersection with C.R. 951.
HM&A is providing costs and services associated with the street lighting design.
SCOPE OF SERVICES
(See Attachment - Pages 1 to 5). Task 9.00 Street Lighting Plans, Task 14.00 Additional Final
Bidding and Contract Documents and Task 15.00 Additional Advisory Services During Bidding will
have additional fees.
SUBCONSULTANTS
HM&A proposes to utilize the firm of Southwest Transportation Engineering for street lighting
services outlined in Task 9.00, 14.00 and 15.00 of the Scope of Services.
3. ADDITIONAL SERVICES
Services not specifically included herein will be performed on a time and material basis in
accordance with the rate schedule attached to this proposal. Additional services will be performed
only as requested and authorized by the County.
When such additional services can be identified in advance, HMA will provide an estimated fee and
obtain written authorization from the County.
4. SCHEDULE
HMA proposes to complete the tasks described in the Scope of Services within eight (8) weeks of
receipt of a written notice to proceed with a completion schedule, generally as indicated below.
i,:'I12.F PRESIDENTIAL COLIRT
Per Cent Complete Weeks Following NTP
60% 3
90% 3
100% 2
FORI MYERS, FLORIDA :t31119 941-4817874 FAX !hll
M k¥ 5 1999
Letter to Mr. Micah K. Massaquoi, P.E.
Dated April 19, 1999
HM&A File No. 89.99
Page 2.
The purpose of this proposal is to include complete street lighting design plans to accompany
roadway plans for bidding. In order to achieve that schedule only one week of review time can be
allowed at both the 60% and 90% review submittals. The 60% review submittal will be to show
street lighting design progress and provide a budget cost estimate and quantities.
5. FEES AND COMPENSATION
HMA proposes to complete the tasks described in Scope of Services for a total proposed fee of
$46,660. A projected man-hour and cost summary (3 pages) is attached which provides a breakdown
of each proposed task fee. All tasks are proposed to be lump sum tasks. Invoices will be submitted at
each month end in an amount proportional to the percentage of actual work completed during the
respective billing period for lump sum tasks and on a time and material basis for not to exceed tasks.
Thank you for the opportunity to submit this proposal and we look forward to working with you on this
project.
Very truly yours,
HOLE, MONTES & ASSOCIATES, INC.
WALTER W. KEENE, P.E.
Project Manager
WWK/cn
Attachments
CCi
R. Murray
W. Gilcher
W:\ 1989\1089099\WWK\Bridgc Proposal\M KM 90419.doc
HAY ? 5 1999
Date:
SCOPE OF SERVICES
FOR IMMOKALEE ROAD, PHASE II, 1-75 TO C.R. 951
SUPPLEMENTAL SERVICES-STREET LIGHTING PLANS
April19,1999
Section 1. GENERAL SCOPE STATEMENT
The CONSULTANT shall provide and perform the following professional services which shall
constitute the GENERAL SCOPE of the SUPPLEMENTAL SERVICES.
The CONSULTANT shall prepare final plans and specifications, cost estimates, bid documents,
and coordinate all utility system adjustments, for the construction of street lighting
improvements and appurtenances. The lighting will consist of conventional highway light poles
and luminaires and/or placement of bracket arms and luminaires on new FPL power poles placed
at the R/W lines of Immokalee Road and associated intersection lighting at C.R. 951 and Broken
Back Road with one light pole and luminaire on the north side of the Broken Back Road bridge.
Section 2. TASKS
Pursuant to the GENERAL SCOPE of SUPPLEMENTAL SERVICES stated above, the
CONSULTANT shall perform all services and/or work necessary to complete the following
tasks(s) and/or provide the following items(s).
Task
1.00
2.00
3.00
4.00
5.00
6.00
7.00
8.00
9.00
10.00
11.00
12.00
13.00
14.00
15.00
16.00
index
Public Involvement Program (NOT USED)
Additional Engineering and Land Surveys (NO ADDITIONAL SERVICES)
Geotechnical Services (NO ADDITIONAL SERVICES)
Environmental Inventory (NO ADDITIONAL SERVICES)
Off-Site Storm Water Improvements (NOT USED)
Bridge Plans (NO ADDITIONAL SERVICES)
Roadway Plans (Basic Services) (NO ADDITIONAL SERVICES)
Utility Coordination (NO ADDITIONAL SERVICES)
Street Lighting Plans
Additional Structural Plans-Box Culvert Extension (NO ADDITIONAL SERVICES)
Additional Signing and Pavement Marking Plans; Signalization (NO ADDITIONAL SERVICES)
Railroad Crossing Design and Coordination (NOT USED)
Additional Permits (NO ADDITIONAL SERVICES)
Additional Final Bidding and Contract Documents
Additional Advisory Services During Bidding
Post-Design Services (NOT USED)
TASK 1.00-PUBLIC INVOLVEMENT PROGRAM (NOT USED)
TASK 2.00-ADDITIONAL ENGINEERING AND LAND SURVEYS
SERVICES)
TASK 3.00-GEOTECHNICAL SERVICES (NO ADDITIONAL SERVICES)
TASK 4.00-ENVRIRONMENTAL INVENTORY (NO ADDITIONAL SERVICES)
TASK 5.00~OFF-SITE STORM WATER IMPROVEMENTS (NOT USED)
TASK 6.00-BRIDGE PLANS (NO ADDITIONAL SERVICES)
TASK TOO-ROADWAY PLANS (NO ADDITIONAL SERVICES)
TASK 8.00-UTILITY COORDINATION (NO ADDITIONAL SERVICES)
TASK 9.00-STREET LIGHTING PLANS
1999
(NO ADDITIONAL
CONSULTANT shall be responsible for coordination with the applicable utility companies in
order to minimize potential street lighting construction conflicts. CONSULTANT shall
coordinate with FP&L in order to establish existing points of power service, as well as, proposed
service points. Photometric calculations will be performed in order to ensure uniform street
lighting. Photometric calculations will be based on the use Collier County's desired lighting
system. The desired street lighting specifications will be established by Collier County prior to
initiation of the design. CONSULTANT will prepare basic street lighting plans in accordance
with the criteria set forth by the FDOT, AASHTO and Collier County. Final plans will be
prepared which will include the necessary voltage drop calculations, conduit sizes and locations,
service point details, miscellaneous electrical engineering details, proposed pole sizes and
locations and removal of existing luminaires and light poles. Roadway plans will be modified to
include street lighting references including indexing and sheet numbering.
The 11" x 17" Street Lighting Plan Set will include:
1. Key Sheet
2. Tabulation of Quantities Sheet
3. Pole Detail and Legend Sheet
4. General Notes Sheet
5. Lighting and Electrical Details Sheet
6. Plan Sheets (Scale 1"=40')
HAY 2 5 !999
Task 9.01 Basic Plans (60%).
The CONSULTANT shall submit to the COUNTY four (4) sets of
1 l"xl 7" prints of the preliminary plans for review. Plans will include:
a) Plan sheet showing poles, luminaires and appurtenances.
b) Copies of intersection lighting and design.
c)
A budget estimate of cost of constructing the street lighting shall
be included.
d) A quantity estimate shall be included.
Task 9.02 Detail Plans (90%)
The CONSULTANT shall submit to the COUNTY four (4) sets of
1 l"x17" prints of the final street lighting plans along with two (2) sets of
draft bid documents including technical specifications.
Task 9.03 Design Notes and Computations
The CONSULTANT shall submit design notes and computations to
document the design conclusions reached during development of the final
construction plans. The design notes and computations shall be recorded
in 8 V2" X 11" computation sheets, fully titled, numbered, dated, indexed
and signed by the designer and checker. Computer output forms and other
oversized sheets shall be folded or otherwise reduces to 8 V2" X 11" size..
The data shall be bound for submittal to the COUNTY.
Two (2) copies of the appropriate design notes and computations shall be submitted to the
COUNTY at 90%. When the plans are submitted for final review, the design notes and
computations, corrected for the COUNTY comments, shall be resubmitted. At the 100% stage, a
final set of the design notes and computations, shall be submitted with the record set of plans and
tracings.
The design notes and calculations shall include, but not be limited to the following data:
1. Design criteria used for this project.
2. Documentation of decisions reached resulting from meetings, telephone
conversations, or site visits.
3. Calculations of quantities for all items set forth in the Bid Form.
Each drawing of each submittal shall be signed by the appropriate professional engineer
for the type of work depicted on the drawings. Each set of plans and each page of the
design computations and quantity computation shall be signed and checked by the
appropriate design professional in accordance with Florida Department of
Transportation's Roadway Plan Preparation Manual, Chapter 30.
TASK
The CONSULTANT shall conduct plan progress meetings with the COUNTY at 60%
and 90% submittals. Each progress meeting shall be a verbal presentation supplemented
with the progress plans (1/2 size plans), displays or other visual aids.
10.00-ADDITIONAL STRUCTURAL PLANS-BOX CULVERT EXTENSION (NO
ADDITIONAL SERVICES)
TASK 11.00-ADDITIONAL SIGNING
AND PAVEMENT MARKING PLANS:
SIGNALIZATION (NO ADDITIONAL SERVICES)
TASK 12.00-RAILROAD CROSSING DESIGN AND COORDINATION (NOT USED)
TASK 13.00-ADDITIONAL PERMITS (NO ADDITIONAL SERVICES)
TASK 14.00-ADDITIONAL FINAL BIDDING AND CONTRACT DOCUMENTS
Once the final street lighting plans have been approved by the COUNTY, a final set of bidding
and contract documents will be prepared for the construction of the improvement. This task will
include the following:
Task 14.01 Final bridge plans, a quantity computation booklet and summary of
quantities, and Engineer's Opinion of Probable Construction Cost.
Task 14.02
Final signing and marking, signalization at four intersections, or other
plans, summary of quantities, and Engineer's Opinion of Probable
Construction Cost.
Task 14.03
Special provisions and other appropriate contract documents for
incorporating the requirements of the Florida Department oir
Transportation, US Army Corps of Engineers, Department of
Environmental Protection, and South Florida Water Management District
and any other agency having jurisdictional authority over the project in the
bid documents.
Task 14.04
Complete plans and contract documents ready for bid including all forms,
general conditions, all approved permits, and other material as may be
required.
Task 14.05
Provide the COUNTY with one (1) set of signed and sealed contract
documents for the COUNTY records. Provide the COUNTY one (1) set of
mylar (reproducible) plans and one (1) set of reproducible Technical
Specifications for COUNTY bidding. All final plans to be full size on 24"
X 36" sheets. The COUNTY will produce plan sets and contract document
booklets for distribution during bidding.
Task 14.06
Final street lighting plans, a quantity computation booklet and summary of
quantities and Engineer's Opinion of Probable Construction Cost.
Complete plans and contract documents ready for bid including special
provisions, general conditions and full size final plans on 24" x 36" mylar
sheets. Provide the COUNTY with one (1) set of signed and sealed
contract documents for the COUNTY records.
4
TASK 15.00-ADDITIONAL ADVISORY SERVICES DURING BIDDING
After approval of construction plans and bidding documents by the COUNTY, the
CONSULTANT shall perform the following services:
Task 15.01
Attend and participate with the COUNTY in scheduling and presenting a
Pre-Bid Conference.
Task 15.02 Respond to Bidders' inquiries and prepare addenda for issuance by the
COUNTY.
TASK 16.00-POST-DESIGN SERVICES (NOT USED)
A SCOPE AND FEE MAY BE NEGOTIATED BY THE COUNTY AND THE
CONSULTANT AT THE COMPLETION OF THE DESIGN PHASE PRIOR TO
COMMENCEMENT OF CONSTRUCTION. CONSULTANT SHALL PREPARE THE
SCOPE OF SERVICES FOR THIS TASK, IF IT IS THE COUNTY'S INTENT TO HAVE
THE CONSULTANT PERFORM CONSTRUCTION PHASE ENGINEERING SERVICES.
W:\1989\1989099\WWK\B\Scope of Scrvices 4-19-99.doc
5
PREPARED SY: WW~/WFG HOLE, MONTES & ASSOCIATES, INC. HMA PROJECT NO, 89.99
DATE ~ IMMOKALEE ROAD IMPROVEMENTS, PHASE II
(I-75 TO C.R. 951)
ADDITIONAL TASKS
STREET LIGHTING
PROJECTED MANHOUR & COST SUMMARY
ENGR ENGR SURV 3 MAN HMA MAN
ENGR V ENGR IV ENGR III ENGR I TECH V TECH III SURV V SURV IV TECH IV CREW TECH IV HR HMA COST SUBCONSULTANT$ .....
TASKNO. TASK DESCRIPTION __ $110.00 $95,00 __$75~0_?_. $_.5.5~?.0_ $_~?00 _$~55j~O0__~. $_~_D0_0.0__ $~0._00 $5500 $98.00 $4500 TOTAL TOTAL ................ SWTE ITOTALCOST
TASK 1.0e PUBMC INVOLVEMENT PROGRAM {NOT USEDI
T~SK 2.01 ROADWAY SURVEY 0 $0 ! J $0
TASK 2.02 UNDER~ROUND I~TILITIES (NOT USED) ' ~ $0 S0
TASK 2.03 BRIDGE SITE SURVEY .... 0 $0 $0
TASK 2.00 TOTAL 0 01 0 0 0J .... 0 0, 0 0 0 0 $0 $0 $0 $0 ._S0
TASK 3,00 GEOTE~H. SERv~DE$ INO ADD. SERV.)
TASK 3.01 GEOTECHNICAL INVESTIGATION .... 0 $0, "$0
tASK 3.00 TOTAL 0 0' 0 ~0J 0 ----~ -- 0 0 ---' 0 0 0 0 $0 S0 ~(~' $0'! S0
TASK 4.00 ENVIRON. INVENTORY [NO ADD. S ERVIC__ES_}
TASK 4.01- ENVIRONMENTAL INVENTORY 01 0 0 g 0 0 0 0 0 $0 $0 $0 $0
TASK $.~0 OFF-SITE STORM WA~TER IMPROVEMENTS INO7.
USEDJ
;TASK 6.0~ BRIDI~E PLANs (NO ADDmONAL SERVICES)
TASK 6.01 BRIDGE DEVELOPMENT REPORT I 0 $0 ! SO
TASK 6.02 GRADES AND GEOMETRICS (30%) 0! $0 ! $0
TASK 6.03 ;~.~JC PLANS (60%) 01 $0 .50
TASK 6.04 DETAIL PLANS (90%) O $0 Su
TASK 6.00 TOTAL 0 0 0 0 0 0 0 0 0 0 0
TASK ~,~ ROADWAY PLANS (NO ADD~IONAL SERVlCESl
UTIUTY COORDINATION (NO ADDITIONAL
TASK
SERVICES) .
TASK 8.01 UTILITIES NOTIFICATION 0 $0
TASK 8.02 UTILITY COORDINATION -- 0
TASK 8.03 :INA[. UTILITY RELOCATION PLANS 0 $0 ~.~ $0
ITASK 8.00 TOTAL O OI 0 0 0 0 0 0 0 0 O I 0 $0 $0 $0 $0 ~P,t $0
2:20
PM
................ Page 1 of 3
PREPARED BY: W~I(/WFG HOLE, MONTES 8, ASSOCIATES, INC. HMA PROJECT NQ 89.99
DATE: ~ IMMOKALEE ROAD IMPROVEMENTS, PHASE II
(I-75 TO C.R. 951)
ADDITIONAL TASKS
STREET LIGHTING
PROJECTED MANHOUR & COST SUMMARY
t ENGR ENGR 5URV 3 MAN HMA MAN
ENGR V ENGR IV ENGR III ENGR I TECH V TECH III SURV V SURV IV TECH IV CREW TECH IV HR HMA SUBCONSULTANTS
TASK NO. TASK DESCRIPTION $110.00 $95.00 $75.00 $5500 $65.00 $55.00 $90.00 $70.00 $5500 $98.00 $45.00 TOTAL TOTAL SWTE. __[ T_OT AL_C. O_~S. _T
TASK 0.00
STREET UGHTING PLANS
TASK 9.01 BASIC PLANS (60%)
ITASK 9.02 DETAIL PLANS (90%) 8 4 2 14 $1.$10 $18.105
$19.215
TA~K 9.03'°'' DESIGN NOTES AND CoMPUT~Ti~I~S .................. 8 --~ ................... -~ .... /i .... ~ i~ ~0- .......... $1.1~0 ! $3.070
TA~K 10-09 BOX CULVERT EXTENSION . (NO ADDITIONAL
SERVICES}
TASK 10.01 DETAIL PLANS (90%) 0 $0 I ...
$0
TASK 10.00 TOTAL o o o o o o o o o o o o i ~o ~ ~ so I so
TA~K 11.00 SIGNING.No ADO, SERViCEs}PAVEMENT MARKING & SIGNAL PLANS .
TASK 11.01 DE-rAIL PLANS (90%) 0 $0
TASK 11.02 BA~C SIGNALIZATION PLANS (60%) {3 $0
TASK 11.03 )E'TAIL SIGNALIZATION PLANS (90%) 6 ~0 I $0
TASK 11.00 TOTAL 0 O 01 0 0 0 0 0 0 0 0 tl $0 $0 $0 $0
RAILROAD CROSSING DESIGN & COORD INQT t
TASK
12.00
USED)t I ..-
TASK 12.01 PRELIM RAILROAD CROSSING LAYOUT & COORD 0 $0
TASK 12.02 RR CROSSING DESIGN BY RAILROAD 0 $0
TASK 12.03 RR CROSSING DESIGN BY THE CONSULTANT 0 $0
!TASK 12.00 TOTAL 0 0 0! 0 0 0 0 0 --0 O! 0 0, t --
,, ,~ *~u,c==mDr~l ;~*;~nan~oo vl~ Page 2 of 3 2:20 PM
PREPARED BY: WWY, JWFG HOLE, MONTES & ASSOCIATES, INC, HMA PROJECT NO. 89.99
DATE: 4/5/99 IMMOKALEE ROAD IMPROVEMENTS, PHASE II
(I-75 TO C.R. 95t)
ADDITIONAL TASKS
STREET LIGHTING
PROJECTED MANHOUR & COST SUMMARY
ENGR ENGR SURV 3 MAN I HMA MAN I
ENGR V ENGR IV ENGR III ENGR I TECH V TECH III SURV V SURV IV TECH IV CREW TECH IV HR HMA SUBCONSULTANTS
I
TASK NO. TASK DESCRIPTION i $110.00 $95.00 $76.00 $55.00 $65.00 $55.00 $90.00 $70.00 $55.00 $98.00 $45.00 TOTAL TOTAL , SW'FE .! TOT~A_L.~COS_T
-- I
TASK 13.00 PERMITS (NO ADDITIONAL SERVICES) ! ! .., [ ......
TASK 1301 COORDINATION W~TH B G CYPRESS BASIN ....... I 0 SO ! S0
PERMIT APPLICATION SUPPORT - STORMWATER 0 S0 ~ SO
TASK 13.02 MANAGEMENT .... ---~ 0! : --
TASK 13.00 TOTAL 0 0 0 0 0 0 01 0 --~ - 0
FINAL BIDDING & CONTRACT DOCUMENTS
'ASK 14.00 (ADDITIONAL SERVICES) __ __
TASK 14.01 BRIDGE PLANS W/CCE --- -- 0 $0 $~)
SIGNING. PAVEMENT MARKJNG & SIGNALIZATION 0 $0 ] S0
TASK 14.02 PLANS W/CCE - --
TASK 14.03 TECHNICAL SPECIFICATIONS/SPECIAL CONDITIONS 0 $0! $0
-- 0
TASK 14.04 CONTRACT DOCUMENTS ................. I
TASK 1405 SIGNED/SEALED BID SETS 0 $0 $0
STREET LIGHTING PLANS
TASK t4,00 TOTAL ...... ~ ....... 2 ...... ~ ..... ~ ----~ ...... ~ ...... 0 0 0 0 0 12 $700----- S4.670 $5,370
AOO[~IONAL ADVISORY S ~R ~ (~ _1 ~_S_D_U~R I_N~ .....................................
TASK,S.00 "IDr".~ ..............................................
TASK 15'01 iPRE'SID CONFERENCE
BID OPENING/EVALUATION/RECOMMENDATION 0 $0 I S0
TASK 15.~ mT US~) _
TASK 15.~ UNIT PRICE BID TABULATION (NOT USED) 2 -- 0
TASK 15.00 TOTAL 0 0 ~ 0 0 01 0 0 0 2~ 4 $280 $0 S0 S835 $1,115
TASK t6.00 POST-DESIGN SERVICES (NOT USED}
- I
TOTAL COST S2,660 $110 $910 S0 ~0 $0 S0! $01 $630 S4,310 S01 $0 S42,3.50I S46.660
IMMOKFEEPROL ~lht n~040599.xls Pa~;~ 3 of 3 2:20 PM
May 25, 1999
Item #16B4
BID NO. 99-2928 TO CONSTRUCT A MASTER PUMP STATION AND FORCE MAIN FOR
THE CONNECTION OF EAGLE CREEK PUD AND OTHER DEVELOPMENTS TO THE
COLLIER COUNTY SEWER SYSTEM, PROJECT NO. 73057 - AWARDED TO FLORIDA
STATE UNDERGROUND, INC. IN THE AMOUNT OF $209,394.95
Item #16B5
EXCEEDING THE LIMIT OF $25,000.00 ON PURCHASE ORDERS FOR
ORTHO/POLYPHOSPHATE UNTIL A REBID IS COMPLETED AND AN AWARD MADE
Item #16B6
MID-YEAR ADJUSTMENTS TO WATER MANAGEMENT CAPITAL IMPROVEMENT FUND 325
Item #16B7
AGREEMENT TO REIMBURSE DEVELOPER OF ISLANDWALK FOR EXPENSES RELATED TO
CONSTRUCTION OF STORMWATER MANAGEMENT FACILITIES IN THE AMOUNT OF
$158,400.00
Page 116
PlAY 2 5 1999
ISLANDWALK STORMWATER MANAGEMENT AGREEMENT
THIS ISLANDWALK STORMWATER MANAGEMENT AGREEMENT ("Agreement")
is entered into by and between the SUNCO BUILDING CORPORATION, a Florida corporation,
whose mailing address is 4500 PGA Blvd., Suite 400, Palm Beach Gardens, Florida 33418,
ISLANDWALK DEVELOPMENT COMPANY, a Florida corporation (hereinafter collectively
referred to as "Developer"), whose address is 6005 Vanderbilt Beach Road, Naples, Florida 34119
and COLLIER COUNTY, FLORIDA ("County"), a political subdivision of the State of Florida,
whose mailing address is Administration Building, 3301 East Tamiami Trail, Naples, Florida,
34112, this,~'//~!day of~'~)~X/ , 1999.
WITNESSETH:
WHEREAS, IslandWalk Planned Unit Development is a new development, to be built by
Developer, on real property which encompasses certain real property, known as the Harvey Brothers
Farm located in the Harvey Basin; and
WHEREAS, the Harvey Basin is a four square-mile area, bounded on the east by CR-951,
on the north by CR-846, on the south by Vanderbilt Beach Road Extension, and on the west by Units
96 and 97 of Golden Gate Estates in Collier County, Florida; and
WHEREAS, present stormwater drainage in the Harvey Basin occurs by means of overland
sheetflow, generally from the northeast to the southwest, and is inhibited by the existence of farm
ditches and dikes through and around the Harvey Bros. Farm; and
WHEREAS, recent land developments, which include two school sites together with the
Heritage Greens Planned Unit Development, along the south side of CR-846, discharge north,
-1- March 16, 1999
MAY 5 1999
through culverts under CR-846 into the Cocohatchee Canal and, thereby, such off-site stormwater
discharge is directed through a watershed boundary into the adjacent drainage basin; and
WHEREAS, due to the hightail water elevations in the Cocohatchee Canal, along the north
side of CR-846, during the 1995 "Rainy Season", stormwater drainage through the CR-846 culverts
backed up and flooded developments south of CR-846; and
WHEREAS, presently the undeveloped Sections 27 and 34, along the eastern side of the
Harvey Basin endure an inadequate stormwater outfall, detrimental to the public's health, safety and
welfare, and thereby, are in immediate need of a stormwater drainage system designed to provide
a positive outfall to the south and west; and
WHEREAS, at ultimate build-out, the IslandWalk Stormwater Management Plan shall
provide a stormwater drainage flow for the Harvey Basin, from the north and the east, to be accepted
into and routed through the internal systems of lakes and drainage improvements planned for
IslandWalk Development; and
WHEREAS, with the development of IslandWalk, the surrounding areas are in immediate
need of a new stormwater drainage system to protect the public's health, safety, and welfare relief;
and
WHEREAS, in order for the IslandWalk Stormwater Management Plan to provide drainage
flow through for the Harvey Basin without unsightly and hard-to-maintain ditches around the
perimeter of the IslandWalk Development, the Developer will be required to incur additional costs
for design and construction of interim outfall ditches, and for connecting piping, and for oversizing
components of the project's internal
structure; and
surface water management system including the outfall
-2- March 16, 1999
MAY ? 5 1999
'WHEREAS, development of IslandWalk, together with the IslandWalk Stormwater
Management Plan, shall be phased over several years which shall, in the meantime, allow Harvey
Bros. Farm to continue farming those portions of the property not under actual construction; and
WHEREAS, the continual agricultural operation of the subject property by Harvey Bros.
Farms fails to provide the level of required drainage relief now demanded by new developments in
the Basin, including the two school sites, in order to prevent further flooding; and
WHEREAS, it is in the public's best interest that an "interim" stormwater drainage plan be
provided to meet the present and future stormwater drainage needs described above; and
WHEREAS, Developer and County are desirous of entering into this Agreement to provide
for Developer's design and construction of an "interim" stormwater drainage system and for the
design, construction and oversizing of permanent improvements to provide drainage flow for
properties within the Harvey Basin, the cost of which shall initially be born by Developer but shall
be reimbursed in part by County as further set forth below.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE
REPRESENTATIONS AND OF THE JOINT AND MUTUAL COVENANTS CONTAINED
HEREIN, AND IN FURTHER CONSIDERATION OF THE BENEFITS TO FLOW FROM
ONE TO THE OTHER, THE PARTIES HERETO AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS AS SET FORTH HEREIN:
1. Authority_. Developer has full right, title, interest, authority and power to execute this
Agreement, to be bound by its terms and conditions, and to further deliver this Agreement, pursuant
to the terms and conditions as set forth herein, to County. Developer is the fee simple title holder
-3- March 16, 1999
NAY 2 5 1999
or contract purchaser of the real property located in Sections 33 and 34, T48S, R26E (the legal
description and property folio number which is further set forth on Exhibit A attached).
2. IslandWalk Stormwater Management Plan. The IslandWalk Stormwater Management
Plan ("Master Plan"), has been designed by Developer and reviewed and approved by South Florida
Water Management District ("SFWMD") and County, which Master Plan provides for an internal
surface water management system for IslandWalk Development and a drainage outfall structure and
outfall ditch, designed to accommodate the off-site flows as shown on Exhibit B-Page 1, attached.
The maximum acreage and the peak discharge per acre resulting from the 25-year, 3-day storm event
discharging from off-site into the IslandWalk Development is 1,824.3 acres and 0.055 cfs per acre,
respectively. Developer shall provide fifteen foot wide drainage easements and connecting piping
and appurtenant improvements from IslandWalk's internal surface water management system to the
connection points as iljustrated by the attached Exhibit B-Pages 1, 2, and 3 (structure numbers S-
209A, S-260, S-100, S-99 and S-99A) with the specific alignments determined solely by Developer.
The design, permitting and construction of off-site drainage facilities to these connection points,
including off-site control structures, shall be the responsibility of County.
3. Interim Stormwater Drainage. Developer has granted and County has accepted the
temporary drainage easements attached hereto as Composite Exhibit "C" Pages 1 and 2 to serve off-
site properties prior to the development of those portions of IslandWalk Development which shall
be necessary to accommodate off-site stormwater flows. The temporary easements shall be used for
the construction and implementation of "interim" drainage ditches running along the north, south
and west sides and through a portion of the IslandWalk Development (Section 33) at the locations
shown on Exhibit "C" - Page 1. The "interim" stormwater drainage ditches which have been
-4- March 16, 1999
MAY Y 5 {999
designed and penuitted by Developer and approved by County shall be constructed concu~ently
with the iirst phase of the IslandWalk Development.
Said temporary easements shall be vacated by the County and the "interim"
stonuwatcr drainage ditches removed by Developer upon completion of the relevant potions of
IslandWalk Development's internal surface water management system into which the off-site
improvements shah be connected.
4. Pen-nits. Developer has obtained an Environmental Resource Pen'nit ("ERP"} ~'om
SFWMD to construct and operate Master Plan improvements and the "interim" stonuwater drainage
ditch. ^ copy o£the ERP is attached as Exhibit "D". Both Developer and County agree to comply
with the ERP conditions and other applicable regulations from regulatory agencies having
appropriate jurisdiction.
$. Costs. Developer shall bear the initial iinancial responsibility for the design and
construction of the "interim" stormwater drainage ditches. Therefore, Developer agrees to pay the
costs of design, permitting, construction of and removal of the "interim" ditches. County, however,
agrees to reimburse Developer for the reasonable actual costs, certified by the Engineer of Record
in accordance with Section 2.22B of the IslandWalk PUD document, of design, permitting,
construction and removal of the "interim" stormwater drainage ditches. The estimate cost of the
"interim" stormwater drainage ditches is Eighty-one Thousand Seven Hundred Three Dollars and
no/100 ($81,703.00). Developer shall also bear the initial financial responsibility for design and
construction of connecting piping and oversizing of internal components of IslandWalk's permanent
Master Plan as shown in Exhibit "B". Therefore, Developer agrees to pay the costs of design,
permitting and construction of the connecting piping and oversized Master Plan components. The
-5-
March 16, 1999
estimated cost of the connecting piping and oversized Master Plan components is One Hundred
Thirty-three Thousand Four Hundred Ninety-four Dollars and no/100 ($133,494.00). As provided
in Section 2.22B of the IslandWalk PUD Ordinance, County shall reimburse Developer for the cost
of the appraised value of any property utilized and for the actual cost of the connecting piping and
the estimated additional cost of the oversizing of components of IslandWalk's permanent Master
Plan. All actual costs to be reimbursed by the County shall be certified by Developer's engineer.
County shall reimburse Developer for 72% of the total actual cost of the improvements as certified
by the Engineer of Record. The Developer is waiving the right to reimbursement from the County
for the fair market value of the temporary easement described in Exhibit "E". The appraised value
of the permanent easement described in Exhibit "F" is Two Hundred Twenty-seven Thousand Seven
Hundred Eighty-four Dollars and no/100 ($227,784.00). Developer agrees to convey to County the
Water Management easement identified in Exhibit "F" subject to payment of the fair market value.
County shall be responsible for all costs of conveyances. The costs shall be spread over four (4)
years per Cost Summary Table Exhibit "G".
6. Vanderbilt Beach Road Drainage Swale. Upon completion of construction of the
"interim" stormwater drainage ditches, County agrees that the Developer may, at its option, fill that
portion of the existing Vanderbilt Beach Road Drainage Swale located within and/or adjacent to
Section 33, provided that, Developer shall be responsible for providing the required water
management infrastructure and for designing its Master Plan to accept runoff from the roadway
section, for that portion of Vanderbilt Beach Road, adjacent to Section 33 into IslandWalk
Development, in accordance with the aforementioned ERP from SFWMD..
-6- March 16, 1999
MAY 5 1999
7. Water Quality and Quantity. It is anticipated that within the Harvey Basin, parcels
of lands will be developed that will discharge stormwater to drainage works to be constructed by the
County in accordance with the Harvey Basin Stormwater Master Plan. Said County operated
drainage works will discharge stormwater through the IslandWalk water management system. In
order to protect the water resources of IslandWalk, the County and SFWMD shall regulate the
design, permitting, construction, and operation of 1), new and/or proposed developments and 2),
drainage works that are part of the Harvey Basin Stormwater Master Plan, to ensure that water
quality and quantity criteria, as set forth by SFWMD and FDEP, are met prior to stormwater
discharge to the IslandWalk water management system. Water quantity discharging to the
IslandWalk water management system from the Harvey Basin shall be limited to a total of 1,825
acres discharging at a maximum rate of 0.055 cubic feet per second per acre for the 25-year, 3-day
storm event.
8.
Maintenance of Drainage Easements by County. County, at its sole cost, shall operate
and maintain the off-site drainage works under County control which are connected or otherwise
convey runoff to easements in IslandWalk, and County agrees to comply with all SFWMD and
Florida Department of Environmental Protection rules and with IslandWalk's ERP conditions,
particularly, Special Conditions 4, 5, 6, 10 and 11 and General Conditions 3 and 14 and should
County fail to so comply, County shall, within ninety (90) of a notice of violation, remedy the
violation to the satisfaction of the agency having jurisdiction.
9. Notices. All notices to Developer shall be in writing and sent by registered, certified
mail to: Sunco Building Corporation, 4500 PGA Blvd., Suite 400, Palm Beach Gardens, Florida
33418 and IslandWalk Development Company, 6005 Vanderbilt Beach Road, Naples, Florida
34119. All notices to County shall be in writing and sent to: Director, Stormwater Management
Department, 3301 East Tamiami Trail, Building H, 3rd Floor, Naples, Florida 34112.
-7- March 16, 1999
1999
HAY Y 5
10. No Partnership. Nothing herein contained can create or be construed as creating a
partnership between the Developer and County or to constitute the Developer as an agent of the
County. This Agreement shall be administered on behalf of County by the Stonnwater Management
Department.
11. Component Parts of this Agreement. This Agreement consists of the attached
components, all of which are as fully a part of this Agreement as if herein set out verbatim:
12.
Exhibit A
Exhibit B-1 through B-3
Exhibit C-1 through C-2
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Modifications.
IslandWalk legal description
IslandWalk Water Management Plan
IslandWalk Interim Ditch Plan
South Florida Water Management District
Environmental Resource Permit
Legal description for temporary water management
easements
Legal description for permanent water management
easements
Cost Summary - Yearly Breakdown
This Agreement constitutes the entire contract and understanding
between the parties hereto, and it shall not be considered modified, altered, changed or amended, in
any respect unless documented in writing and signed by the parties hereto and authorized by the
Resolution of the Board of County Commissioners of Collier County, Florida.
13. Effective Date. This Agreement shall become effective when executed by the parties
and approved by the Board of County Commissioners of Collier County, Florida.
IN WITNESS WHEREOF, Developer and County, have each respectively, by their
authorized person or agent, herein set their hands and seals on the date and year first above written.
-8- March 16, 1999
HAY ? 5 1999
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Printed or T~pe~l~ame
sig~a~u~
Printed or Typed Name
SUNCO BUILDING CORPORATION,
a Florida Corporation
By: Mi Vice President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Stormwater Management Agreement was acknowledged before me
this 16th day of March, 1999, by
Corporation, a Florida corporation.
Printed or Typed Na(ne
' jgb.'o/
Signatul~
Printed or Typed N~c
Michael D. Rosen as Vice President of Sunco Building
He is personallyJc~own to me. . . . ' /
Signa{~re ofl~otary' Public ~/}
Elizabeth M. Dillingham
Printed Name of Notary Public
ISLANDWALK DEVELOPMENT
COMPANY, a Florida Corporation
By: Mi~c ~>°~'"'~ e President
-9-
March 16, 1999
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Stormwater Management Agreement was acknowledged before me
this 16th day of March, 1999, by Michael D. Rosen as Vice President on behalf of IslandWalk
Development Company, a Florida corporation. He is personally known to me.
~. ..'_4:
{I ~'~f'": FXPI~ES:Ja.ua~9,2003 Ii
~ ~ ..... ':~,, :"~ .-.' ~ ~ Deputy Clerk
ApprOved as to-¢o~'~d
legalsuf~cienc~, /:
~~Heidi F. Ashto~'
~--Assist~t County Attorney
Signat~e ~)f-l~otary P~blic -
Elizabeth M. Dillingham
Printed Name of Notary Public
BOARD OF COUNTY COMMISSIONI~RS
OF COL-LIER COUNTY. FLORIDA/
G:\users\BETSY~WP8\SUNCO\DRAINAGMREV.wpd
-10-
March 16, 1999
EXHIBIT "A"
LEGAL DESCRIPTION
All of Section 33, Township 48 South, Range 26 East, Collier County, Florida
AND
The Southwest 1/4 of the Southwest 1/4 of Section 34, Township 48 South, Range 26 East,
subject to an easement for public road right-of-way over and across the West 30 feet thereof and
the South 30 feet thereof,
AND
The South 1/2 of the Northwest 14 of the Southwest 1/4 of Section 34, Township 48 South,
Range 26 .East, Collier County, Florida, and subject to an easement for public road right-of-way
over and across the West 10 feet thereof,
AND
The North 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 34, Township 48 South,
Range 26 East, Collier County, Florida, and subject to an easement for public road right-of-way
over and across the North 30 feet thereof and the West 30 feet thereof.
LESS AND EXCEPT:
The following described property situate, lying and being in Collier County, Florida.
The South 170 feet of Section 33, Township 48 South, Range 26 East, and the South 145 feet of
Section 34, Township 48 South, Range 26 East, by Drder of Taking, Case No. 86-1456-CA-01-
HDH, recorded in OR Book 1215, page 1662.
05/29/98- W-LH401 !.DOC
Exhibit
I
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(~£ ocwL)
c)o~Pol~
srw~tD P£RU~ ! 11-0t1~4-$
LANO US~ SUm~RY
AGRICULTURAL
SrW~O p£man ! ]1-00164-5
'kX/IL$ON ~- M I L L E Ri'~l~°~:,suNc° eu~
KLrY M~
SEE S~EET 4
W I L,.._~_._... ~-.~.--~S 0 N -0' M I L L E R J~=__.*~c° ~,u~,~ couuou~o~
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VAI_L[Y GIJI"I~R T'~ I INLrT D~'TAIL
SIP..
WILSON
MILLER
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$£CTION C-C
~~mu DffcH cR°ss s£clloNs ~
Form
Rcv
PERMITTEE:
US_0_ZU_.T~. ~-',QRIDA WATER MANAGEIV~~' i~T DISTRICT
ENVIROI~MENT~ RESOURCE PERA~I* NO. 11-01507-P
EXHIBIT -
HARVEY BROTHERS FARMS. INC.
( I SLANDWALK)
90 LOGAN BLVD. NORTH.
NAPLES . FL 34109
D
DATE ISSUED:
JULY !0, 199'
MAY ? 5 1999
PROJECT DESCRIPTION:
CONCEPTUAL APPROVAL OF A SURFACE WATER MANAGEMENT SYSTEM TO
SERVE A 704,7 ACRE RESIDENTIAL DEVELOPHENT. DISCHARGING TO THE
1-75 CANAL VIA THE VANDERBILT BEACH ROAD DITCH AND
AUTHORIZATION FOR CONSTRUCTION AND OPERATION OF A SURFACE
WATER MANAGEMENT SYSTEM SERVING 649.8 ACRES OF THE 704.7 ACRE
RESIDENTIAL SITE.
PROJECT LOCATION: COLLIER COUNTY .
SECTION' 33.34 I'WP: 48S RGE: 26E
?him Per~lt ia lamoed pursuant Co A~plicaciofl ~$} 97032S-3 , dated ~arch 2S, 1~97. PerwiCCem agrees to hold and ma~
cbs South Florida Water fl&flagenenC District and l;m muccemmorm harmless gro~ 0J1y &nd all damages,claims or liabilities
T~ls Pe~it may be treno£er~ed ~]rlU~t to the oppropriate provisions of Chapter 2?3. F.S, and Sections 40E-1.¢107(1)
(2). ~d 40f-4.351(l),(2)0~fld (4)° Florida XclminietFetive Code
Them Ferule may be revoked, eumpeflded0 or modified
and Sections 40E-4.251(1), (2), and
Thio Peruit Ihall be subject Co the G~fleral Cond~tiofls iet forth in Rule 40g-4.311,F.X.¢.0 uAleem valved or modified
Governing Board. The Application, end ~he Surface w~or ~ana~emefl~ S~a~ Rcvle~ Summa~ o~ the ~plicacion.
c~dicioni, and ill plans and opecigic&ci~s integrated ~ reference, are a parc of chis p,~lc. ~1 activities auC~riz
p*~c~d acCivi~, tho ~e~i~Cee ohal~ ouht~ a vFl~Cen ocac~m~nc oE c~p~eC[on and ce~icaCion by a
p~[eI0i~aI engineer or ocher app~priace individual, ~rmuanC co the Jpp~prizCe p~vimione
Sections 40I-4.3~Z and q0E:4.31Z,
In the event the property is sold or otherwise conve~ed, the PeruitCee viii reuein liable got coupliance
until trafleger II approved by the District purmuanC to Rule 40E-1.~1070 F.A.C.
SPECIAL AND GENERAL CONDITIONS ARE AS FOLLOWS:
SEE PAGES 2-4 OF 7 - 18 SPECIAL CONDITIONS.
SEE PAGES 5-7 OF 719 GENERAL CONDITIONS.
FILED WITH THE CLERK OF THE SOUTH
FLORIDA WATER. MANAGEMENT DISTRICT
ON
BY
Origfnal signed by:
SOUTH FLORIDA WATER MANAGEMENT
DISTRICT BY ITS. GOVERNING BOARD
O.gmal sign~ b.~
TONY BURNS
ASblSIANI SE CRI:'fAI(Y
-'ich ohio Permt
PAGE I OF 7
Exhibit D
PI. ANNF. RS, ENVIR('~NMENTAL CONSULTANTS, ENGINEERS,
~l;lt4FY¢~l~, J.AI'41)f;(j..%I'F ,&It(:IiITEC:'FS, C]ONSTRtJ(:I'I()N MANAGERS
Exhibit 'E'
MAY ?
5 1999
Description of part of Section 33,
Township 48 South, Range 26 East, Collier County, Florida.
(Temporary Drainage Easement # 1)
All that part of Section 33, Township 48 South, Range 26 East, Collier County, Florida being
more particularly described as follows;
COMMENC/NG at the southwest corner of said section 33;
thence along the west line of said Section 33, North 01°23'36",West 170.13 feet to a point on the
north right of way line of Vanderbilt Beach Road (C.IL 862);
thence continue along said west line North 01 °23'36" West 2587.71 feet;
thence leaving said west line South 89007'32" East 54.04 feet to the POINT OF BEGINNING of
the easement herein described; ,
thence continue South 89007'32" Eas~ 2914.97 feet~
thence South 00°46:57" West 1404.85 feet;
thence South 06030'53" East 444.52 feet;
thence South 03°07'54" West 277.90 feet;
thence southerly, southeasterly and easterly, 461.,18 feet along the arc cfa circular curve
concave northeasterly, having a radius 286.50 feet, through a central angle of 92°lY48'' and
being subtended by a chord which bears South 42°59'01" East 412.98 feet;
thence South 89005'55" East 38.62 feet; ~
thence South 47046'33" East 114.31 feet;
thence South 00054'05'' West 90.00 feet to a point on the north right of way line of
Vanderbilt Beach Road (C.R. 862);
thence along said line North 89005'55" West 33.94 feet;
thence leaving said line North 47046'33" West 114.36 feet;
thence North 89005'55" West 5.16 feet;
thence westerly, northwesterly and northerly, 605.25 feet along the arc cfa circular curve
concave northeasterly, having a radius 376.00 feet, through a central angle of 92°13'48' and
being subtended by a chord which bears No~th 42°59'01" West 541.99 feet;
thence North 03007'54" East 270.78 feet;
thence North 06030'53" West 442.67 feet;
thence North 00046'57" East 1320.66 feet;
thence North 89007'32" W~st 2767.51 feet;
thence North 01023'36" West 90.14 feet to the POINT OF BEGINNING of the easement
herein described.
g 13/97-07720001MLB
~(/II..'4r.)N, MII. I.EIt, BARTL~N ~t Pl-.'EK, IN(:.
~200 B~Ji!C¥ L~.m, ~.itc 200, N~H~lcs, Fh~rida ~410%~07 ' Ph 941 -649-4040 Fx 941-64 t-5716
w~.~, s~,,.: ,,. .......... ~l~,,,,,,,mb,..~.,,,,, ]~.,,,,,i~: ,,,,,,b*~*,,',~,,,,,,,,Ik.r.,~,,,,, page 1 Of 2
Exhibit
~i' VI LSON -~':'~ M I L L r' '.
Description of part of Section 33,
Township 48 South, Range 26 East, Collier County, Florida.
(Temporary Drainage Easement it 1)
Continued:
HAY ? 5
Subject to easements and restrictions of record.
Bearings are assumed and based on the west line of said Sec~tion 33 being North 01o23'36'' West.
WILSON, MII.I.ER, BARTON & PEEK, INC.
J~l~ S. ~ggs, Profession~ur~ Mapper
Florida Registration No. 3516
Not valid unless embossed with the Professional's seal.
W.O.: N-0772-011-001-PSCAL
REF.: 4L-1401
DATE: May 2, 1997
Revised May 16, 1997
Revised June 4, 1997
Revised June 13, 1997
1999
6/l~J97-O7710005.mlb
page2 of 2
PLANNERS, ENVIRONMENTAL CONSULTANTS~ ENOINEERS~
,qURVEYOlt,.q, [.AMI)SC:APE ARClllTECTS, CONSTRLJCTION MANAGERS
2 5 1999
Description of part of Section 33,
Township 48 South, Range 26 East, Collier County, Florida.
(Temporary Drainage Easement #2)
All that part of Section 33, Township 48 South, Range 26 East, Collier County, Florida being
more particularly described as follows;
COMMENCING at the southwest comer of said section 33;
thence along the west line of said Section 33, North 01°23'36" West 170.13 feet to a point on the
north right of way line of Vanderbilt Beach Road (C.I~. 862);
thence continue along said west line North 01o23'36" West 2587.71 feet to the POINT OF
BEGINNING of the easement herein described;
thence continue North 01o23'36" West 2587.71 feet to the northwest comer of,said Section
33;
thence along the north line of. said Section 33, South 89008'26" East 2644.18 feet;
thence continue along said line South 89o09'08" East 1049.34 feet;
thence leaving said line South 24012'06" West 13.32 feet;
thence South 50°22'51" East 308.76 feet; ,
thence South 81°26'41" East 99.00 feet;
thence North 82°51'23" East 29.59 feet;
thence North 83°52'43' East 35.96 feet;
thence North 70o50' 12" East 49.94 feet;
thence North 55°26'15" East 73.74 feet;
thence North 29°49'49'' East 57.40 feet;
thence North 18°51'09" East 23.75 feet;
thence North 71o10' 15" East 23.17 feet;
thence North 88037'28" East 39.06 feet;
thence North 87o06'49" East 69.76 feet;
thence North 63002'07'' East 59.90 feet;
thence North 43048'58" East 49.13 feet to a point on the north line of said Section 33;
thence along said line South 89009'08'' East 834.91 feet to the northeast comer of said
Section 33;
thence along the east line of said Section 33 South 01025'50" East 60.05 feet;-
thence leaving said line North 89009'08" West 864.93 feet;
thence South 63002'07" West 58.97 feet;
thence South 87006'49'' West 75.20 feet;
thence South 88037'28" West 32.83 feet;
thence westerly and southwesterly, 10.26 feet along the arc cfa circular curve concave to the
southeast, having a radius of 10.00 feet, through a central angle of 58°47'3 9" and being
subtended by a chord which bears South 59013'39" West 9.82 feet;
~/II. 5ON, MII. I.EI~,, BAI~.I'~.~N ~.. I'~EI:K, JNt:.
1200 Bailey I.~,,~c, Suite 200, N;lpJcs, Fh~rida 14105-8507 ' Ph 941-649-4040 Fx 941-643:5716
Exhibit
," :qlLSON M I LLr
Description of part of Section 33,
Township 48 South, Range 26 East, Collier County, Florida.
(Temporary Drainage Easement #2)
Continued:
1999
thence South 29o49'49'' West 77.88 feet;
thence South 55o26' 15" West 82.44 feet;
thence South 70°50' 12" West 55.93 feet;
thence South 83°52'43'' West 38.49 feet;
thence South 82°51'23" West 32.69 feet;
thence North 81°26'41" West 108.98 feet;
thence North 50°22'51" West 269.02 feet;
thence North 89°09'08'' West 1065.22 feet;
thence North 89o08'26" West 2562.51 feet;
thence South 41o18'41" West 44.61 feet;
thence South 01°:~Y36'' East 2493.70 feel.; '
thence North 89°07'32'' West 49.04 feet to a point on the west line of said Section 33 and the
?OINT OF BEGINNING of the easement herein described.
Subject to easements and restrictions of record.
Bearings are assumed and based on the west line of said Section 33 being North 01°23'36" West.
WILSON, MIIlJ~R, BARTON & PF_.~K, INC.
se S. ggs, P~:o/'essio~-ai SilVer & Mapper
~da Re~' lstration No. 3516
Not valid unless em. bossed with the Professional"s seal.
W.O.:
REF.:
DATE:
Revised
Revised
Revised
Revised
N-0772-011-001-PSCAL
41,-1401
May 2, 1997
May 16, 1997
May 23, 1997
June 4, 1997
June 13, 1997
Pag¢2 of 2
Exhibit
E
PLANNERS, ENVIRONMENTAL CONSULTANTS, ENGINEERS,
gtJRVEYORS, LANDS(';.,\;'F.
]3xhibi t
Description of part of Section 33 and part of the west 1/2 of the southwest 1/4 of Section 34,
Township 48 South, Range 26 East, Collier County, Florida.
(Temporary Drainage Easement #3)
All that part of Section 33 and part of the west 1/2 of the southwest 1/4 of Section 34, Township
48 South, Range 26 East, Collier County, Florida being more particularly described as follows;
COMMENCING at the southwest comer of said section 33;
thence along the west line of said Section 33, North 01 °23'36" West 170.13 feet to a point on the
north fight of way line of Vanderbilt Beach Road (C.R. 862);
thence along said north fight of way line South 89°06'49" East 1328.72 feet;
thence continue South 89006'26" East 1322.86 feet;
thence continue South 89°05'55" East 620.01 feet to the POINT OF BEGINNING of the
easement herein described; ,
thence leaving said line North 0:0°54'05" East 60.00 feet;
thence South 89o05'55" East 2065.62 feet;
thence South 01°25'50" East 85.08 feet to a point on the north fight of way line of Vanderbilt
Beach Road (C.R. 862);
thence along said line in the following Three (3) described courses;
1. North 89°05'10" West 50.04 feet to a point on the east line of said Section 33;
2. along said line North 01o25'50" West 25.02 feeti~
3. leaving said line North 89°05'55" West 2018.02 feet to the POINT OF BEGINNING of
the easement herein described.
Subject to easements and restrictions of record.
Bearings are assumed and based on the west line of said Section 33 being North 01 °23'36" West.
Prepared by:
WILSON, MILLER,' BARTON & PEEK, INC.
~4R7~O772000~.mlb
Marcus L. Berman, Professional Surveyor & Mapper
Florida Registration No. 5086
Not valid unless embossed with the Professional's seal.
W.O.: N-0772-011-001-PSCAL
REF.: 4L-1401
DATE: May 2, 1997.
REVISED May 6, 1997.
REVISED June 4, 1997.
WILSON, MII. I. ER, BAI~TC)N k~. PEEK, IN(.:.
3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ' Ph 941-649-4040 Fx 94 i -643-5716
",X&..l~ Site: www.wils(,~miller.c.m [£-m;,il: nalqes~wflso~miller.c,m~
PLANNERS, ENVIRONMENTAL CONSULTANTS, ENGINEERS,
SURVEYORS, LANDSCAPE ARCHITECTS, CONSTRUCTION MANAGERS
HAY 2' 5 1999
Exhibit F
Description of part of Sections 33 and 34,
Township 48 South, Range 26 East, .Collier County, Florida.
(Drainage Easement)
All that part of Sections 33 and 34, Township 48 South, Range 26 East, Collier County, Florida
being more particularly described as follows;
COMMENCING at the southwest comer of said section 33;
thence along the west line of said Section 33, North 02°11'37" West 170.13 feet to a point on the
north right of way line of Vanderbilt Beach Road (C.R. 862) and the POINT OF BEGINNING of
the easement herein described;
thence continue along said west line North 02°11'37" West 2587.71 feet;
thence leaving said west line South 89o55'32" East 54.04 feet;
thence South 02°11'37" East 115.31 feet;
thence North 82°14'32'' East 365.27 feet;
thence South 07o45'28" East 19.34 feet;
thence South 86001'39'' East 844.03 feet;
thence North 78%8'03" East 990.42 feet;
thence North 04°39'01'' East 2545.66 feet to a point on the north line of said Section 33;
thence along said line South 89o56'27" East 15.05 feet;
thence leaving said line South 04°39'01 West 2542.65 feet;
thence North 78°58'03'' East 611.72 feet;
thence North 42°10'21'' East 2076.14 feet;
60020'33" East 414.62 feet;
87°08'06'' East 594.06 feet;
02° 13'50" West 1111.97 feet to a point on the north line of said Section 33;
said line South 89°57'09'' East 30.02 feet to the northeast comer of said Section
thence South
thence South
thence North
thence along
33;
thence along the east line of said Section 33, South 02013'50'' East 1128.51 feet;
thence leaving said line North 87o08'06" West 629.09 feet;
thence North 60o20'33" West 406.16 feet;
thence South 42°10'21" West 1868.44 feet;
thence South 52°01 '56" East 652.67 feet;
thence South 00°08'23'' West 633.43 feet;
thence South 67o12' 10" East 2205.68 feet;
thence South 21°22'41'' West 479.59 feet to a point on the east line of said Section 33;
thence along said line South 02°13'50'' East 559.75 feet to a point on the north right-of-way
line of Vanderbilt Beach road (C.R. 862);
thence along said line North 89°53'55'' West 15.02 feet;
6111/98-077200 ! 7.MLB
WILSON, MILLER, BARTON ~. PEEK, INC.
3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 · Ph 941-649-4040 Fx 941-643-5716
Web Site: ,~r,,,~.,~tso~,~,mer. co,, E.~l~: napte,Q,~son~titer.pl~e 1 of 2
Naples Fort Myers Sar~om Br~nton
'I LSON M I L L E
Description of part of Sections 33 and 34,
Township 48 South, Range 26 East, Collier County, Florida.
(Drainage Easement)
Continued:
thence
thence
thence
thence
thence
thence South 42°10'21''
thence South 78o58'03"
thence North 86°01'39"
thence South 07o45'28"
thence South 82014'32"
leaving said line North 02013'50'' West 562.27 feet;
North 21°22'41" East 468.10 feet;
North 67o12, 10" West 2201.04 feet;
North 00008'23" East 636.07 feet;
North 52o01'56" West 646.43 feet;
West 185.62 feet;
West 1624.68 feet;
West 842.89 feet;
East 19.34 feet;
West 370.53 feet;
thence South 02°11'37" East 2418.16 feet to a point on the north right of way line of
Vanderbilt Beach Road (C.R. 862);
thence along said line North 89o55'02" West 54.04 feet to a point on the west line of said
Section 33 and the POINT OF BEGINNING of the easement herein described.
Subject to easements and restrictions of record.
Beatings are assumed and based on the west line of said Section 33 being North 02°11'37" West.'
WILSON, MILLER, BARTON & PEEK, INC.
Marcus L. ~5erman, Professional Surve~'~& Mapper
Florida Registration No. 5086
Not valid unless embossed with the Professional's seal.
W.O.: N0772-020-010-RSGSS
REF.: 4L-1451
DATE: May 22, 1998
REVISED: June 11, 1998
6/11/98-07720017,MI.,B
Page 2 of 2
Exhibit F
IslandWalk Stormwater Management Agreement
Cost Summary
Item
Year
1998 1999 2000 2001 2002
Intedm Improvements $ 76,503 $ - $ 5,200 $ - $ -
Permanent Improvements $ 71,030 $ 16,972 $ 6,192 $ 39,300 $ -
Drainage Easements $ 10,867 $ 132,366 $ - $ 84,551 $ -
Total
$ 81,703
$ 133,494
$ 227,784
Total
$ 158,400 $ 149,338 $ 11,392 $ 123,851 $ -
$ 442,981
3/10/99 cost.xls
SUPPORT INFORMATION FOR THE
ISLANDWALK STORMWATER MANAGEMENT AGREEMENT
1. INTRODUCTION
The IslandWalk Stormwater Management Agreement is a proposed agreement between
SunCo Building Corporation and Collier County which provides a mechanism for the
IslandWalk project to implement and be reimbursed for a portion of the Harvey Basin
stormwater master plan. The agreement is in draft form and has been preliminarily reviewed
by John Boldt. These comments have been incorporated into Draft #2.
The information consists of the following:
· A brief history of the Harvey Basin and the efforts by Collier County, SFWMD, and
IslandWalk to implement drainage works within the basin.
· An analysis which compares the drainage easements needed to implement the original
Harvey Basin Plan and those needed with the plan permitted by IslandWalk.
· Cost analysis for those IslandWalk improvements which implement the Harvey Basin
Plan.
· Summary of benefits realized by IslandWalk participation in the implementation of the
Harvey Basin Plan.
2. BACKGROUND
The Harvey Basin is a four square mile area bounded to the north by Immokalee Road, to the
east by CR 951, to the south by Vanderbiit Beach Road~ and to the east by Golden Gate
Estates Units 96 and 97. Over the years the basin has been subdivided into smaller lots with
little regard for master drainage works. Farms in the southern portion of the basin have cut
off'historic sheet flow to the south. Developed parcels along the south side of Immokalee
Road were then forced to direct stormwater discharge to the north into the Immokalee Road
canal. The result is collection of land parcels with no defined drainage outfalls and which are
subject to periodic flooding problems.
The County and South Florida Water Management District recognized the problem and in
1996 the County stepped forward and prepared a basin master plan which when implemented
would provide positive drainage to the land parcels within the basin. The master plan called
for a series of drainage ditches and water control structures placed in easements up to 60 feet
wide straddling mutual property lines. The ditches were designed to serve all lands within the
basin.
I 1 II 9/9B.-49867 Vet:. 01 I-MSal,
NO 772 -013-008- ECO R -20943
About the same time as the study was released, the IslandWaik project, which consists of
705_+ acres located in the southwest quadrant of the basin, began its water management
permitting. It quickly became apparent that IslandWalk had the potential to become a key
factor in implementing the Harvey Basin Plan. From this sprang a partnering effort between
Collier County, SFWMD and IslandWalk.
Through a series of partnering meetings, a water management plan was developed for
IslandWalk that would mutually benefit the Harvey Basin by allowing blocked drainage from
the north to flow through the lake system in IslandWalk. The plan also included a basin
hydraulic model which simulated storm events for Harvey Basin, IslandWalk, and the
· Vanderbilt Beach Road canal down to the D-2 weir. The plan and the basin model were the
basis for a SFWMD EKP permit which was issued in 1997 for the IslandWalk project. The
permit approved the Harvey Basin concept and allowed construction of the IslandWaik water
management system including the inflow points in IslandWalk and the main Harvey Basin
control structure. In addition, the permit allowed for the construction of an interim ditch
system through IslandWalk which then allowed the County to route flow to the south and
provide immediate flooding relief to lands to the north. These interim ditches have been
constructed and are functional.
3. COST SUMMARY
Attached is a cost analysis package which provides the following:
A comparison between expected costs for these improvements associated with the 1996
Harvey Basin Plan and the expected costs for the plan as implemented by IslandWalk.
Note the comparison includes only those respective improvements adjacent to and within
IslandWalk and does not igclude those improvements adjacent to properties upstream of
the input points to IslandWalk.
The comparison shows that the IslandWalk project through its accommodation and
implementation of a major portion of the Harvey Basin Plan can save the County
approximately $358,000.
Support information for the cost analysis above.
A drainage easement analysis which demonstrates that the IslandWalk project will
substantially reduce the County easement acquisition costs and will reduce the number of
property owners that the County will deal with during the easement acquisition process.
The original Harvey Basin Master Plan called for a series of drainage easements ranging in
width from 40 to 60 feet that would be secured from properties throughout the basin. The
easements are for drainage ditches and water control structures, and would straddle
11119/98-49867 V=r: 011-M~aI¢
N0772-013-o08- ECOR-20943
mutual property lines. In thc vicinity of IslandWaik, the east boundary, thc west
boundary, .and a portion of the north boundary would bc affected, by the easements. The
total required easement acreage around IslandWalk is 19.3 and would affect 12 properties.
The attached map illustrates the easements.
IslandWalk has permitted, with the agreement of SFWMD and Collier County, a water
management plan which allows off-site water from the Harvey Basin to be routed through
the project. Entry points into the IslandWalk system along with the master Harvey Basin
weir were designed and permitted. Flow through easements were identified. The
IslandWalk plan required only 4.6 acres of easements affecting only 3 properties including
IslandWalk. '
By implementing the IslandWalk plan, the County can realize a savings of 14.7 acres of
easements that do not have to be purchased along with a reduction of 9 properties that do
not need to be negotiated.
4. BENEFITS
The implementation of the IslandWalk water management plan offers the following benefits to
the County.
IslandWalk has partnered with Collier County and SFWMD to refine, permit, and
implement a significant portion of the Harvey Basin Plan.
SFWMD issued an ERP for IslandWalk which included a water management model
covering the Harvey Basin. Thus, the Harvey Basin plan is conceptually permitted via the
IslandWalk ERP.
· The development oflslandWalk has offered immediately drainage relief to the drainage
blocked areas to the north including Dove Point and the new high s. chooi.
The IslandWalk water management plan allows for all Harvey Basin drainage to flow
through the project lakes, thus eliminating the need to secure most drainage easements
across multiple properties surrounding the IslandWalk properties.
Implementation costs to the County are reduced by approximately $358,000.
The number of property owners the County needs to negotiate easements with are
reduced.
I 1/19/98-49867 V~t:. OI
N0772-013-00g- ECOR-10~),I3
IslandWalk Stormwater Management Agreement
Page 1
Page 2
Page 3&4
Page $
Comparison of Harvey Basin 1996 Plan and Harvey Basin Plan with lslandWalk Participation
Supporting Calculations for 1996 Plan Costs
Supporting Calculations for the Plan with IslandWalk Participation
Drainage Easement Analysis
12/14~98
COST.XLS
IslandWalk Stormwater Management Agreement
Comparison of Harvey Basin Plan 1996 and Harvey Basin Plan with IslandWalk
Participation HAY §
1999
Harvey Basin Harvey Basin Plan
with IslandWalk
Plan 1996
Participation
$ $ 82,000
$ 306,000 $ 133,000
$ 495,000 $ 228,000
$ 801,000 $ 443,000
$ 358,000
Interim Improvements
Permanent Improvements
Drainage Easement
TOTAL
Savings to the County:
Note:
See page 2 for 1996 Harvey Basin Plan details
See pages 3 and 4 for IslandWalk Partic!pation details
12/14198
Page 1
COST.XLS
IslandWalk Stormwater Management Agreement
Supporting Calculations for the 1996 Harvey Baain Plan Costs
MA¥2 5
1999
Calculations:
12/14~98
Canal Type "B"
/I
Canal Type "C" ,, I
i I 25'
30' 0'[
Islandwa;k
VBR
~30
"C"
1996 Plan Permanent Improvements:
(Includes only those master planned improvements to be constructed adjacent to IslandWalk
See Harvey Masterplan, 1996)
Clearing & (]rubbing (Burn On-site)
Drainage Easement Area = 15.70 acres
15.70 acres ~} $1800.00 per acre = $ 28,260
Canal Excavation
11,900 lineal feet of Canal Type "C" * Cross sectional Area of 150 square f 66111 Cubic Yards
2,700 lineal feet of Canal Type "B" * Cross Sectional Area of 88 square ft 8800 Cubic Yards
74911 Cubic Yards
?4,911 cubic Yards ~i $3.00 per Cubic Yard = $ 224,733
, (Cost includes excavation, maintenance access road, disposal of excess fill, and stabilization)
Professional Fees
(Including 1996 Masterplan. SFWMD and Collier County Permitting $ 52,800
Hydrologic and Hydraulic Model of the Ha~cy Basin, Constuction Drawings and Speeificafions
prcparation,.Bidding and Engineering Serviees During Construction) ~
Permanent Improvement Total
1996 Plan Drainage Easement
Drainage Easement Ama = i 5.70 acres
15.70 acres ~ $31,549 per acm =
(From appraised value of land)
$ 305,793
$ 495,319
Page 2
COST.XLS
IslandWalk Stormwater Management Agreement
Drainage Easement Analysis
MAY2 5
1999
Pronosed drainaae easements in the Hawev Basin Study (Johnson Enolneerino-199§)
Number of properties affected by easementm=8
Number of properties affected by ealmllentl=5
' 25'
,30' 10'~
Islandwalk
VBR
,30' 30', Number of propmtiem affected by easements=4
30'
'30' 30"
Easement Areas on Islandwalk Properties=
Easement Areas on Other Properties=
Total Easement Areas=
9.57 acres
9.77 acres
19.34 acres
Total number of properties affected by easements= 17
Note: the Golden Gate Estates 30' easement along the west boundary of Isiendwalk was previously dedicated to Collier County by plat
ProDosed drainaae easements as deDiCted bv Wqlson Miller In Stormwater Manaaement A_ereement
Number of properties affected by easements=O
Numbe~' of properties affected by easements=0
' '1'
15' i- --:-- 30'
..... _~P'_,
~4': --',', 15' I
','~ ,sland~a,l~:
VBR
Number of properties affected by easements=2
Easement Areas on Islandwalk Properties=
Easement Areas on Other Properties=
Total Easement Areas=
3.82 acres
0.78 acres
4.59 acres
Total number of properties affected by easements= 2
Note: the Golden Gate Estates 30' easement along the west boundary of Isiendwelk was previously dedicated to Collier County by plat
1~14/o8 Page 5
COST,XLS
May 25, 1999
Item #16B8
BUDGET AMENDMENT APPROPRIATING LAWSUIT SETTLEMENT PROCEEDS IN THE ROAD
AND BRIDGE FUND IN THE AMOUNT OF $94.322.03
Item #16B9
AWARD BID NO. 99-2994 FOR ACTIVATED CARBON TO CHEM-TRADE INTERNATIONAL
OF CANONSBURG, PENNSYLVANIA IN THE AMOUNT OF $60,000.00 (75,000 LBS) ~
.79/LB
Item #16B10
WORK ORDER TO CAMP DRESSER AND MCKEE, INC. FOR ENGINEERING SERVICES
RELATED TO UPDATING THE WASTEWATER EFFLUENT MASTER PLAN, PROJECT 74029
IN THE AMOUNT OF $73,700.00
Page 117
HAY25 1999
DOCUMENT NOT RECEIVED IN CLERK'S OFFICE
AS OF 11/30/99
May 25, 1999
Item #16Bll
AGREEMENT TO REIMBURSE THE PROPERTY APPRAISER AND TAX COLLECTOR FOR
SERVICES RENDERED FOR THE GOLDEN GATE PARKWAY WATER AND WASTEWATER
MUNICIPAL SERVICE BENEFIT UNIT
Page 118
AGREEMENT FOR THE BOARD OF COUNTY COMMISSIONERS AS THE
GOVERNING BOARD OF THE GOLDEN GATE PARKWAY MUNICIPAL SERVICE
BENEFIT UNIT TO REIMBURSE THE PROPERTY APPRAISER AND TAX
COLLECTOR FOR SERVICES RENDERED FOR THE GOLDEN GATE PARKWAY
MUNICIPAL SERVICE BENEFIT UNIT
This Agreement for Board of County Commissioners as Governing Board of the Golden
Gate Parkway Municipal Service Benefit Unit to Reimburse~thea~roperty Appraiser and Tax
Collector (the "Agreement") is made and entered into thisc~,~TM day ot~Qq4~x] ,
1999, by and among Board of County Commissioners as Governing Board of the ~olden Gate
Parkway Municipal Service Benefit Unit, CMSBU"), Abe Skinner in his capacity as the Collier
County Property Appraiser, ("Property Appraiser"), and Guy L. Carlton in his capacity as the
Collier County Tax Collector, ("Tax Collector").
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises, covenants,
representations, and agreements contained herein, together with the ten dollars ($10.00) and other
good and valuable consideration exchanged amongst the parties, the parties to this Agreement do
undertake, promise and agree for themselves, and their successors as follows:
SECTION 1. FINDINGS, RECITALS AND ACKNOWLEDGMENTS.
It is hereby ascertained, determined and declared by the parties that:
(A) The MSBU is authorized to impose non-ad valorem assessments and by
appropriate resolution shall express its intent to use the uniform method of levy, collection and
enforcement of non-ad valorem assessments as provided in Section 197.3632, Florida Statutes,
under which assessments are included on an assessment roll and certified, in a compatible
electronic medium tied to the property identification number, by the MSBU to the Tax Collector
for merging with the ad valorem tax roll, for collection by utilizing the tax notice provisions
described in Section 197.3635, Florida Statutes, and for sale of tax certificates and tax deeds
under the non payment provisions of the ad valorem tax laws (the "Uniform Method");
(B) The Uniform Method, with its enforcement provisions including the use of tax sale
certificates and tax deeds to collect delinquent annual payments, is less expensive and more
equitable to the delinquent landowner than the traditional lien foreclosure methodology;
(C) The Uniform Method will provide for more efficient collection by virtue of the
assessment being on the tax notice issued by the Tax Collector and will produce positive
economic benefits to the affected landowners and the MSBU;
(D) The Uniform Method will promote local government accountability;
Page 1 of 5
NAY 2 5 1999
(E) This Agreement is intended to conform with the requirement of Section 197.3632,
Florida Statutes, that the MSBU, the Tax Collector and the Property Appraiser enter into a
written agreement providing for reimbursement of administrative and actual costs incurred as a
result of the use of the Uniform Method; such administrative and actual costs include, but are not
limited to those costs associated with personnel, forms, supplies, data processing, computer
equipment, postage and programming;
(F) The non-ad valorem assessments to which this Agreement applies are being levied
for the first time for the Golden Gate Parkway Municipal Service Benefit Unit which comprises
eleven properties located along the south side of Golden Gate Parkway just east of Santa Barbara,
Unit 7, Block 230, lots 1 through 11, in Section 28 South, Township 49 South, Range 26 East, as
recorded in Plat Book 5, Page 140 of the Public Records of Collier County, Florida; and
(G)This Agreement is entered into in order to provide for the use of the Uniform
Method relative to non-ad valorem assessments imposed under the Golden Gate Parkway
Municipal Service Benefit Unit which comprises eleven properties located along the south side of
Golden Gate Parkway just east of Santa Barbara, Unit 7, Block 230, lots 1 through 11, in Section
28 South, Township 49 South, Range 26 East, as recorded in Plat Book 5, Page 140 of the Public
Records of Collier County, Florida or its successor in function.
SECTION 2. INCORPORATION.
The findings, recitals and acknowledgments contained herein are true, correct and
incorporated in this Agreement.
SECTION 3. PURPOSE.
The purpose of this Agreement is for the MSBU, the Tax Collector and the Property
Appraiser to establish and agree upon the undertaking of the responsibilities pursuant to Section
197.3632, Florida Statutes, in order to implement the Uniform Method for the notice, levy,
collection, and enforcement of non-ad valorem assessments; and to provide for reimbursement by
the Board of County Commissioners as Governing Board of the Golden Gate Parkway Municipal
Service Benefit Unit to the Tax Collector and the Property Appraiser for all actual costs incurred
by them in such activity.
SECTION 4. COMPLIANCE WITH LAWS AND REGULATIONS.
The parties shall abide by all statutes, rules and regulations pertaining to the levy and
collection of non-ad valorem assessments, and any ordinance promulgated by the MSBU, not
inconsistent with, nor contrary to, the provisions of Sections 197.3632, 197.3635, Florida
Statutes, as amended, and any applicable rules duly promulgated by the Department of Revenue.
Page 2 of 5
2 5 1999
SECTION 5. DUTIES AND RESPONSHBLITIES OF THE MSBU.
The MSBU shall:
(A) Reimburse the Property Appraiser for all actual costs incurred, upon receipt of an
invoice fully itemizing the costs incurred, by the Property Appraiser in providing the information
and cooperation more particularly referenced in Section 6 hereof,
(13) Reimburse the Tax Collector for all actual collection costs incurred, upon receipt
of an invoice fully itemizing the costs incurred, in the collection of the assessments, pursuant to
Section 197.3632, Florida Statutes;
(C) Pay for or alternatively reimburse the Tax Collector for any separate tax notices
necessitated by the inability of the Tax Collector to merge the non-ad valorem assessment roll
certified by the MSBU pursuant to Section 197.3632(7), Florida Statutes;
(D) Post the non-ad valorem assessment for each parcel on the non-ad valorem
assessment roll in a manner that such non-ad valorem assessment roll is free of errors and
omissions;
(E) By September 15 of each calendar year, cause the Chairman of the Board of
County Commissioners as Governing Board of the Golden Gate Parkway Municipal Service
Benefit Unit, or his or her designee, to officially certify to the Tax Collector the non-ad valorem
assessment roll on compatible medium, tied to the property parcel identification number, in a
manner that conforms to the format of the ad valorem tax roll submitted by the Property
Appraiser to the Department of Revenue; and
(F) Cooperate with the Tax Collector and the Property Appraiser to implement the
Uniform Method of notice, levy, collection and enforcement of the subject non-ad valorem
assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197, specifically
Sections 197.3632 and 197.3635, Florida Statutes, as amended.
SECTION 6. DUTIES AND RESPONSIBILITIES OF THE PROPERTY APPRAISER.
The Property Appraiser shall:
(A) Annually by June I provide the MSBU with at least the following information by
compatible electronic medium:
1) The legal description of the property within the boundaries provided by the
MSBU describing the subject municipal services taxing and benefit unit.
2) The names and addresses of the owners of such property.
Page 3 of 5
MAY 2
3) The property identification number of each parcel in a manner that
conforms to the format of the ad valorem roll submitted to the Department of
Revenue.
5 1999
4) Any other information reasonably needed by the MSBU to create, re-
compute, reconfigure, revise, correct or otherwise formulate the non-ad valorem
assessment roll.
Provided, however, the Property Appraiser is not required to submit information which is
not on the ad valorem roll, compatible electronic medium submitted to the Department of
Revenue, or otherwise readily available and reasonably accessible from his records; and
(B) Cooperate with the MSBU and the Tax Collector to implement the Uniform
Method of notice, levy, collection and enforcement of the subject non-ad valorem assessment roll,
pursuant to, and consistent with, all the provisions of Chapter 197, specifically, Sections 197.3632
and 197.3635, Florida Statutes, as amended.
SECTION 7. DUTIES AND RESPONSIBILITIES OF THE TAX COLLECTOR.
The Tax Collector shall:
(A) Prepare a collection roll and prepare a combined notice for both the ad valorem
and non-ad valorem assessments in accordance with Chapter 197, and applicable rules
promulgated by the Department of Revenue and in accordance with any specific ordinances and
resolutions adopted by the MSBU, so long as said ordinance and resolutions shall themselves not
be inconsistent with or contrary to, the provisions of Chapter 197, specifically, Sections 197.3632
and 197.3635, Florida Statutes;
(B) Collect the non-ad valorem assessments of the MSBU as certified to the Tax
Collector no later than September 15 of each calendar year; provided such roll is on compatible
electronic medium tied to the property identification number for each parcel and in the format
used by the Property Appraiser for the non-ad valorem roll submitted to the Department of
Revenue and such roll is free of errors and omissions;
(C) Cooperate with the MSBU and the Property Appraiser to implement the Uniform
Method of notice, levy, collection and enforcement of the subject non-ad valorem assessment roll,
pursuant to, and consistent with, all the provisions of Chapter 197, specifically Section 197.3632
and 197.3635, Florida Statues, as amended;
(D) Upon determining errors or omissions on any roll, request the MSBU to file a
corrected roll or the correction of the amount of any assessment by filing with the Tax Collector a
certificate of correction, with a copy to the Property Appraiser and the Department of Revenue,
pursuant to applicable rules provided by the Department of Revenue; and
Page 4 of 5
HAY 2,5
(E) Upon determining that a separate mailing is required pursuant to Section 197.3632
(7), Florida Statutes, mail, or require the MSBU to mail, a separate notice of the particular non-
ad valorem assessment.
1999
SECTION 8. TERM.
The term of this Agreement shall commence upon the date first above written and shall
run through the end of the calendar year and shall automatically be renewed thereafter, for
successive periods, not to exceed one year each. However, the MSBU shall inform the Property
Appraiser and the Tax Collector and the Department of Revenue by January 10 in any calendar
year the MSBU intends to discontinue using the Uniform Method of collecting the non-ad
valorem assessments referred to in this Agreement.
IN WITNESS WHEREOF, the MSBU, the Tax Collector and the Property Appraiser
have executed and delivered this Agreement as the date first above written.
DWlG~.'~,..¥B, RO C..K, CLERK
· - : ~. Approxed as-to ~O~ and legal sufficiency:
"' C)
~, David W~i'gel, County A~ey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS
GOVERNING BOARD OF THE GOLDEN
GATE PARKWAY MUNICIPAL
SERVICE BENENFIT UNIT
B "Y~~
WITNESSES:
COLLIER COUNTY PROPERTY
APPRAISER
ABE SKINNER
WITNESSES:
COLLIER COUNTY TAX COLLECTOR
Page 5 of 5
May 25, 1999
Item #16Cl
SOLE SOURCE PURCHASES FROM DATA RESEARCH ASSOCIATES, INC. FOR SOFTWARE
AND HARDWARE PURCHASES FOR THE LIBRARY TO BE MADE IN FY99 AND FY00
Item #16C2
CP-99-3 RE SUMMERFEST AT GOLDEN GATE PARK; CP-99-4 RE COUNTYFEST AT
VINEYARDS COMMUNITY PARK; AND CP-99-5 RE SNOWFEST AT GOLDEN GATE
COMMUNITY PARK - FEES AND SURETY BOND WAIVED
Page 119
HAY 2 5 1999
Pemait No. CP-99-04
PERMIT FOR CARNIVAL EXHIBITION
STATE OF FLORIDA:
COUNTY OF COLLIER:
WHEREAS, Collier County Parks and Recreation, has made application to the Board of County
Commissioners of Collier County, Florida, for a permit to conduct a carnival or exhibition; and
WHEREAS, Collier County Parks and Recreation, has presented to the Board sufficient evidence that all
criteria for the issuance of a' permit to conduct a carnival or exhibition as set forth in Chapter 10, Article II,
Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival or
exhibition will be conducted according to lawful requirements and conditions; and
WHEREAS, said Collier County Parks and Recreation., has requested a waiver of the Carnival Fee and
Surety Bond;
NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Collier County Parks and Recreation,
to conduct a carnival or exhibition from September 24, 1999 through September 25, 1999, in accordance with the
terms and conditions set forth in the petitioner's application and all related documents, attached hereto and
incorporated herein for the following described property:
(See attached Exhibit "A")
The request for waivers of Carnival Fee, Surety Bond and Occupational License is hereby approved.
WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in
and for s~d ,County t~s o~ day of~, 1999.
, !
~ DWIGHT ~:~BROCK,'~i Clerk
:' ~: !'~:; /'," :: :~': 'AtteSt I$ t0 CITliFllI'$ PAMELA S. MAC'KIB, Chairwoman
~:~: .":",', 2:.'"" (' ~'~ '~;'.:? J :;'%' '
Appr~v~o as tq ~onn ana
Legal Suffioe~cy:
Marjor~ M. Student
Assistant County Attorney
g/admin/sue/CP-99-02/Coun~y fest
BOARD OF COUNTY COMMISSIONERS:
EXHIBIT "A"
Page 1 of 2
DESCRIPTION OF LANDS
COUNTY UTILITY EASEMENT
FOR
TRACT S-4, THE VINEYARDS UNIT
t AY 2 5 1999
A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN THE VINEYARDS UNIT 3, AS
RECORDED IN PLAT BOOK 16, PAGES 2-5, IN THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, LYING 7.50 FEET ON EITHER SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 5, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SAID CORNER BEING A POINT
ON THE SOUTH RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD; THENCE
ALONG SAID RIGHT-OF-WAY LINE SOUTH 89'55~24" EASTt A DISTANCE OF
83.53 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01'28~00" EAST,
A DISTANCE OF 2274.11 FEET; THENCE SOUTH 22°51~12" EAST, A DISTANCE
OF 27.42 FEET; THENCE SOUTH 01'28~00" EAST, A DISTANCE OF 70.70
FEET; THENCE SOUTH 20'18~58" WEST, A DISTANCE OF 26.94 FEET; THENCE
SOUTH 01'28t00" EAST, A DISTANCE OF 318.95 FEET TO THE SOUTH
BOUNDARY OF TRACT S-4 AND THE END OF THE CENTERLINE;
SUBJECT TO EASEMENTS, RESERVATIONS, OR RESTRICTIONS OF RECORD
f"1'1
2049~TRS4U3
FND. CONC. MON.
11' CANAL DRAJNAGE F_SMT.
S 22'51'12' £
27.42'
TRACT' S-4
S 01~8'00' E
2274.11'
5' CANAL MAtNT. 01'28'00' E
AND ELEC. ESMT. 31~95'
SOUTH BDRY.
TRACT
0
I-h --
SKETCH OF EASEMENT FOR
TRACT S-4, THE VINEYARDS, UNIT
NOT A SURVEY
39¥8 1008
9900t)!,
AMERICAN ENGINEERING CONSULTANTS, INC.
7~O HNI~OUR ~ #APt.~, FI- (813) ~le-l,,.~Sl (~F~
DA~: 11-25--92 J SCALE: 1'-100'
~D BOOK ~: . PAGE: . ~ JOB NUMB~: 2049-92-01
Petition. Copy: %~ ~ .... ,~lanager
CARNIVAL OPERATION
PETITION NO. d --?'~-- 'k
PETITIONE~' S NAME: C'~A ~As~-A
~'ETZTION ~,/J~/y,.~/~? HAY 2 5' 1999
DATE:
· - ~ J! '
PETITIONER'S ADDRESS:
PROPERTY OWNER'S NAME:
PROPERTY OWNER'S
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
GENERAL LOCATION:
::~ENT ZONING:
.'PURE OF PETITION:
5i{E FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANA-
'Q ~ON, SEE REVERSE SIDE.)
3.a. 3.e.1) 3.e.4) 3.e.7)
3.b. 3.e.2). 3.e.5) 3.e.8)
3.c. 3.e.3) 3.e.6) 3.e.9)
3.d. Comments:
SIGNATURE OF PETITIONER
DATE REVIEWED by Board
Approved:
Conditions of Approval:
of County
Commissioners:
Disapproved:
SIGNATURE OF COUNTY MANAGER
Name of event (
Kddress of event
Date(s) of event
Sponsor of event~~/R
Address of Sponsor
Person in charg.e of food service
Phone <~ ~/3 ~. -- ~ ~ ~
Number of food and beverage booths
Estimated number of attenders expected at the event at one time?~__~O
Number of toilets to be provide~k
Portable: Male (~)
Permanent: Male (~)
Method of toilet waste disposal:
Female I~L )
Female [ )
"~scribe method of liquid kitchen waste disposal:
Describe ~-'~'~' ~1~~~/~/~ waste :
containers and method _Qf~tolid disposal (garbage)
Number of solid waste disposal containers provided:
~escribe facilities and method of ha_nd washing:
Describe facilities and m~thod.of~tensil w~lling.J~nsing~aDd
Source of potable water:
For information and assistance contact:
Environmental Health & Engineering Department (813) 643-8499.
Ah the sponsor of this event you are responsible to notify all food
.vendors of the temporary food service requirements. Failure to comply.
may subject the booths to be closed for public health reasons. Do you
understand t~is completely?
Yes ~ No MAY Z 5 ~999
I certify that to the best of my knowledge and belief all of th~,
statements contained herein and on any attachments are true, correct,
complete, and made in good faith. I understand that these regulations
include food intended for service to the public regardless of whether
there is a charge for the food. I agree to assume responsibility for
this event and certify that said business will be conducted in
compliance with the Florida Administrative Code, Chapter 1OD-13.
Signatur~e/ of s~on~s r's agent
Date:
)-13.0292 Temporary Food Service Events
(a) Temporary food service event
~ponsors Or vendors shall notify the local
MRS county public health unit not less than
~hree days polo= to the scheduled event of
the type of food service proposed and the
rime and location of the event. Notification
~ay be completed orallyt by telephone, in
person, or in writing.
(bi The local HRS county pub/ag
health unit shall keep a record of
notifications received for pro~se~
food service events and shall provide
appropriate educational material to the event
soonsors or vendors.
(2} Facilities - Soecific
requirements loc the physical facility where
the food service operation is to be conducted
shall be based on the ty~e food that is to
~r~pzred or se~v~, thm length of the eventf
~nd the a~unt o~ fo~ preparation that is to
. conduct~ at the temporary facility,..
(a) ~f the fo~ service operation
~ intended for the sale of only
'~n-~entially hazardous fo~ or drink, the
fo~ oackaqes shall be protected from
dirt, and other sources of contamination
during storage and serving.
[b) ~erhead protection shall be
provided at all fo~ sezvice operations when
food is p~eoar~ o~ ~[tion~ on premises·
(ri When ~tentially hazardous
food Is pcepa~ at temporary fo~ service
:vents o( mote than 3 days~ the
::ructure where the fo~ preps=alton occurs
~hall be p~ocecced from the entrance of
flying insects and other vermin.
131 ~1 ~o~ and beve~aqe~ served
a: tam--racy fo~ service events sha~l be
from soo:owed sources ~n accordance with
~rovisions of ~ecCion ~0D-~3.023 of this
chao:ec oc preoaced on premises.
14] Ail food served at temoocarW
food service events ~hall be orotected in
accordance with orovisions of section LOD-
L3.024 of this chaotec.
(5~ rood and fo~-contact
surfaces sha~L be proCec:ed
con:amination by customers and dust. Where
necessary, effec:ive shields or covers
be orovided.
{6) Ice which wt~L be consumed
which will come into contact with food sha~L
be obtained from an apo~oved source only
cbioo~, crushe~ or cubed form. The
NAY 2 5 1999
shall be held 19 a way chat protects it from
contamination until dispensed.
· I?! Storage of packaged food in
contact with vale= o£ undrained ice is
prohibited. Wrapoed sandviches shall not he
stored in direct contact vith ice. Beverage
containers may be stored in direct contact
v/th [ce when:
la) The storage facility is
equipped with adequate drains which preclude
the accumulation of valor during use;
(b! The melt water is dis~cx~se~ Of
so as not to create a nuisance; and
Icl The storage facility ts keot
clean.
~81 ..H hen all necessgry washing
and sanitizing of utensils and eauioment ace
conducted at an aporoved commissary or food
service establishm.entt a utensil washing sigk
vii! not be r~gui=ed~ except thatr an
adequate su~ly of apaFe preparation and
serving utensils are maintained in the
establishment and used to replace those that
become soiled.
191 )uti food service ooerationa
vhich prepare food on pcemises shall provide
a9 adequate sypplyof ~x)table ~arer for
cleaning and employee handvashlng.. An
adequate supply~aybe provided in clean
portable containers equipped with on/off
valves. Soap and stnqle-setvlce towels shall
be available loc hanch~ashinq and hand dry!hq.
(lOt Ec{uiomenc shall be installed
in such a manner that the establishment can
be kept clean and the food vill not become
contaminated.
(11] Liquid vasce which is not
discharged into a se~eraqe system shall be
~isDosed of In a manner that will not create
~ public health hazard oca sanitary
nuisance.
1121 Floor construct/on in
establishments vhich pceoare food on oremises
shall be of durable aMterial. Dirt or gravel
subflooring can be use~ vhen graded to drain,
and covered with platforms, duckboards,
~lascic film, wood chips, shavings, o[
similar suitable material such as a
sufficient cove= of grass oc turf co con:roi
dust.
1131 Walls and ceiiinqs, whe~n
required, shall be constructed to minimize
the entrance of flies and dust., ~eilinqs may
be of vood, canvas o£ ocher materials which
protect the interior of the establishment
20
INDIVIDU_~ BOOTH NOTIFICATION FORM F~.R TEMPORARY EVENTS
a=e of booth: b4
Person in charge of booth: E~Q~ ~%~
I '
Types of food or beverage to be served:
Florida Administrative Code, Chapter 10D-13 requires all
food to come from an approved source. All food storage,
preparation and utensil cleaning for this event shall not be
done in private homes.
Lo~ation of advanced food preparation: O0~cf_q-~jD ~ I~A;L~f~
How will food be transported to event location?
Method of keeping food hot and/or cold at event site:
Method of cooking food at the location:
,
Food must be protected from dust, insects, flies, coughs,
sneezes. How will yo~ provide this pro~ec~ion?. Describe
type of structure: ~/~
Adequate facilities and supplies shall be provided for
employee handwas~hing How will you provide this?
For Information and Assistance contact:
Environmental Health & Engineering Dept -
(813) 643-8499
Excerpt from Ordinance No. 75-11 Filed Secretary of State 3/6/75 MA~2 5 1999
3. Application and Fee for Permit. A minimum of twenty (20)
days before occupying the carnival or exhibition site, an application
for a permit shall be submitted to the County Manager in four (4)
copies accompanied by:
a. A surety.bond in the penal sum of $2,500, issued
company authorized to issue such bonds in Florida, conditioned upon the
operator complying with each provision of this Ordinance and subject to
forfeiture under the terms provided in Paragraph 8 hereinbelow.
b. Evidence of current public liability insurance coverage,
issued by a company authorized to do business in Florida, in the
minimum amount of $100,000 for any one person and $300,000 for any one
incident.
c. A non-refundable fee of $200.
d. A current occupational license issued by the Collier
County Tax Collector, and
e. Including the following information:
1) The name and headquarters address(es) of the
carnival or exhibition company(ies) with a direct or indirect financial
interest; name(s) and address(es) of any sponsoring organization(s),
and the name and local address of the applicant representing the
carnival or exhibition company(ies);
2) A description of the every activity to be conducted
such as but not limited to, menageries; circus and side-show perform-
ances; amusement, merry-go-round and other ride activities; food and
drink dispensing facilities; booths for conduct of games of skill or
chance not prohibited by State law to be open to the public for an
admission or participation fee and number of persons to operate the
activities;
3) Name, identification and social security number of
each person accountable for the operation of each activity;
4) A description and sketch of the site showing the
location of each activity proposed, the location and number of sanitary
facilities; parking facilities, and provision for lighting and public
water;
5) Application for Food Establishment Operating Permit
from the County Health Department as required by Ordinance 74-45.
6) The plan for refuse, garbage, debris, and sewage
disposal during and after operation of the circus or exhibition.
7) Provisions for. traffic control, fire safety and
security precautions;
8) The date and time each activity is to be conducted
and concluded;
9) Written approval from the owner of the property
authorizing the use of this premises for such carnival activity.
10) Legal description of property to be utilized.
SpeCial Events - Country Fest Page 1 of 1
· HAY 2 5 1999
S IAL
Country Fest
Friday, September 24th
6:00 - 11:00 pm
Saturday, September 25th
2:00 - 11:00 pm
. !
VINEYARDS COMMUNITY PARK
FULL SCALE CARNIVAL
FOOD
ENTERTAINMENT
FREE ENTRANCE
Copyright 1998, Board
For More Information
353-0404
F~uson-O4/~4/g9
http://www.co.collier, fl.us//parks/colliercountyp/specialcountry.htm 6/17/99
HAY 2 5 1999
Permit No. CP-99-05
PERMIT FOR CARNIVAL EXHIBITION
STATE OF FLORIDA:
COUNTY OF COLLIER:
WHEREAS, Collier County Parks and Recreation, has made application to the Board of County
Commissioners of Collier County, Florida, for a permit to conduct a carnival or exhibition; and
WHEREAS, Collier County Parks and Recreation, has presented to the Board sufficient evidence that all
criteria for the issuance of a permit to conduct a carnival or exhibition as set forth in Chapter 10, Article II,
Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival or
exhibition will be conducted according to lawful requirements and conditions; and
WHEREAS, said' Collier County Parks and Recreation., has requested a waiver of the Carnival Fee and
Surety Bond;
NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Collier County Parks and Recreation,
to conduct a carnival or exhibition from December 3, 1999 through December 5, 1999, in accordance with the
terms and conditions set forth in the petitioner's application and all related documents, attached hereto and
incorporated herein for the following described property:
(See attached Exhibit "A")
The request for waivers of Carnival Fee, Surety Bond and Occupational License is hereby approved.
WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in
and for,~aid CountT~his ~,n'-/q~7~ day of ,1999.
' ',; ~..' 'i" ~7'i,~
DWIGHT, E/BROG~ Clerk
.' :' Attest
EegalsUfOcien~:
Marjo~e M. Student
Assistant County Attorney
8/admin/sue/CP-99-03/Snowfest
BOARD OF COUNTY COMMISSIONERS:
PAMELA S. MAC'KIE, Chairwoman
0OlO O
0R BOOK
~ILSC)N, MILLER. BARTON. SGLL & PEEK.
OeAcrtpttofl of A Pirt of Section 33,
Tovnshlp 4g South~ Binge 26 [ilS, °
Plrcel A.
0002Z0
P. GE
HAY 2 5 1999
All that part of Section 33, ?ovnshlp 46 South, Range 26 East, ¢oTller
Count~, Florida l~d bllng more particular1; dlscrtbld As fOllovs; ·
Commencing it the northueAt corner Of SActlon 33, TOvnShtp 49 South,
Binge 26 El·t, Collt·r County, FlortdA;
thence &long the north 11ne of Above sactSon,
Nort~ 87°-63'o26° EAst, ZZO.Q7 feet to the lilt NSght-Of-Vay of Slntl
Barbara Boulevlrd and th· POZNT OF B£GZNNING of thl parcel hit·tn
deAcrlbld;
thence ·long the north 1She of above s·ctlon
North 87'oS3'-26' EAst, 2086.Q3 feet
thence South O'-06'-0Z' ilar, 706.X3 felt to the '
norther1; Night-of-Va; of · 70.0 foot Icclss told;
thence Along sA~d northerly
South 8g°-68'-56' Vest, 2084.24 felt to the else -
Bight-of-rAy of $1flti BArblrA Boullvlrd;
thence i1ong the AAtd SlAt
North 02'-Z3'-03' Vest, 68.28 feet to An Ingle
thence continuing ·long said east
~orth O'-OQ'-Sg' Vest, S60.73 feet to the
· of Beginning;
~betng I part of $·ctton 33, Tovnshtp 4g South, RAnge 26
£1st, Collier Count;, Flor~dAi
'Sub,eOt to eesl~ent$ mhd restrictions o( re~ord&
¢onta~ntng~X.g3 Acres of 1And mo~, or less,
YZLSO#, HILLER~ BARTOK, BOLL &.PEEK,
.... Reg. Engineers And LAnd Surveyors
§bee: August ZS, Xg83 '.,
¥.0. # 20723 ~ '.
· . For: BoArd of CouRt~ CommfAsSoncrA : ~.,
, ~'~.; ~ ': ~- ~ .... . , -- . ~~~ .
· .'.~.:,... _ ~_.':'.."~ . ~:'~ . ~ ,. . ~
~ ~ ~M~,P~P~ ~ ~w, MII ~R,P.E. · W, ~,P,E. · ~H. ~LL.P.~ · T. ~E~P.~P.~
· OR BOOK
PAOE
HAY 2 5 1999 .-
il
P A C F L
All that.part of section 33, l'ownship 49 SourlY, Ran'ge 26
East, Collier County, Florida;
and being more particularly described as follows;
commencing at the north west corner of Section 33, Township
49 South, Range 26 East, Collier County, Florida;
thence along the north line of above section, North
87"~53'-26" East, 110.07 feet to the east right-of-way of
Santa Barbara Boulevard;
thence along the .east right-of-way of said Santa Barbara
Boulevard, South 0'-00'-59" East, 560.73 feet to an angle
point in said right-of-way;
thence continuing along said right-of-way South 01'-13'-03"
East, 138.30 feet to the south line of the Access Road;
thence along the south line of the Access Road North
89'-58r-51" East, 619.75 feet to the POINT OF BEGINNING of
the Parcel herein described;
thence continuing along the south line of the Access
Road North 89'-§8'-51" East, 841.80 feet;
thence southwesterly 93.86 feet along the arc of a
circular curve concave to the .south having a radius
of 1302.33 feet a=pd being subtended by a chord which
bears south 69'-02'-48" West 93.49 f. eet;
thence westerly 6B4.76 feet a'long .the arc of a
circular curve concave to the north' having a radius
of 852.91 feet and being subtended .by a chord which
bears south 89'-58'-55" west, 666'.52 feet;
thence northwesterly 93.86 feet along' the arc of a
circular curve concave to the south' having a radius
of. 1302.33 feet and being subtended' by a chord which
bears north 69'-04'-58" West, g3.84'feet to the point
of beginning;
being a part of Section 33, Township 4g South, Range 26
East, Collier County, Florida.
subject to easement and restrictions °f.record
containing' 1.27 acres of land more or less.
EXHIBIT A
,/
'OR BOOK.' 'PAGE
::." HAY 2 5 1999
P/I C £ L 'D "
All that part of Section 33; Township 49 South, R~nge 26
East, Collier County,. Florida and being more' particularly
described as follows:
Commencing at the north west co'rner jf Section 33, Township
49 South, Range 26 East, Collier County., 'Florida;
thence along the north line of above section , .llorth
87'-53'-26" East, 110.07 feet to the east right-of-way of
Santa Barbara Boulevard;
thence along the east right-of-way of said.Santa Barbara
Boulevard, South 0°-00'-59" East, 560.73 feet to an angle
poi. nt in said right-of-way;
thence continuing along said right-of-way South 01'-13'-03'
East, 138.30 feet to the south line of the Access Road;
thence along the south line of the Access Road North
89'-58'-51" East, 198.53 feet to the POIltT OF BEGIltltIltG of
the parcel herein described;
thence continuing along the south line of the Access
'Road. ltorth 89'-58'-55" East, 421.22 feet;
thence Southeasterly 93.86 feet along the arc of a
circular curve concave to the south having a radius of
.,~,...1~..02.33 feet and being subtended by a. chord which
""6e'ars South 69°-04'-58' East, 93.84 feet;
'thence easterly 684.76 feet along the .arc of a
circular curve concave to the north bari.rig a r~dius
of 852.gl feet and being subtended by a chord which
bears North 89'-58'-55" East, 666.52 feet,
thence northeasterly 93.86 feet along the arc of a
circular curve concave to the south having a radius of
1302.33 feet and being subtended by a chord which
bears North 69'-02'-48" East, g3.84 feet to a point on
the South line of.the Access Road;
thence along., the south line of the Access Road )torth
89'-58'-55"'"E'ast, 421'~22 feet;
thence southwesterly 494.69 feet along the arc of a
circular curve concave to the south havings a radius
of 1232.33 feet and being subtended by a chord which
bears South 78'-28'-55" West 491.37 feet;
thence westerly 740.96 feet along the 'arc of a
circular curve.concave to the north, having a radius
of 922.91 feet and being subtended by a chord'which
bears South 89'-58'-55" West, 721.22 fee.t;
thence westerly 494.69 feet along the arc
circular curve concave to the south, having a radius
of 1232.33 feet and being subtended by a chord which
bears ltorth 78'-31'-05' West 49[.37 feet to the point
of beginning;
being a part of. Section 33, Township 49 South, Range 26
East, Collier County, Florida
subject to easements and restrictions of record
containing 1.87 acres of land more or less.
EXHIBIT B
Petition.. Copy: (2) County Manager
CARNIVAL OPERATION PETITION /_/ ~/
TELEPHONE:
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
GENERAL LOCATION:
CURRENT ZONING:
NATURE OF PETITION:
THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION.
TION, SEE REVERSE SIDE.)
3 .a. 3.e.1) 3 .'e. 4) 3.e.7)
3.b. 3.e.2) 3.e.5) 3.e.8)
3.c. 3.e.3) 3.e.6) 3.e.9)
3. d. Comments:
(FOR EXPLANA-
SIGNATURE OF PETITIONER
DATE REVIEWED by Board of County Commissioners:
Approved: Disapproved:
Conditions of Approval:
SIGNATURE OF COUNTY MANAGER
Name of event 0 ~ ~[
'- ~I~-~ a HAY 2 5 1999
Address of event ~ ~ ( C~%
Date(s) of event ~/~V- ~/~; ~/~kg/~ours of operation
s onso
Address o~ Sponsor 3~00 __+~ C~C~~r~ ' ~/¢/ '
Person in charg~e of food service
Phone ~ ~/) ~ '-- C~ .'~C~ '~
Number of food and beverage booths
Estimated number of attenders expected at the event at one time?~~O
Number of toilets to be provideQk
Portable: Male
Permanent: Male (~)
~thod of toilet waste disposal:
Female (~ )
Female / )
I -:scribe method of liquid kitchen waste disposal:
Describe containers and method Qf~olid waste disposal (garbage):
Number of solid waste disposal containers provided:
Describe facilities and method of ha_nd washing:
sanitizing:Describe facilities and m~thod.of 3~tensil~/_~'t./~D w~ng.~~~d
Source of potable water:
For information and assistance contact:
Environmental Health & Engineering Department (813) 643-8499.
As 'the sponsor of this event you are responsible to notify all food
vendors of the temporary food service requirements. Failure to comply
may subject the booths to be closed for public health reasons. Do you
understand t~is completely?
Ye s ~ No MAY 2 5
I certify that to the best of my knowledge and belief all of the
statements contained herein and on any attachments af~ true, correct,
complete, and made in good faith. I understand that these regulations
include food intended for service to the public regardless of whether
there is a charge for the food. I agree to assume responsibility for
this event and certify that said business will be conducted in
compliance with the Florida Administrative Code, Chapter lOD-13.
Signature of s~on~s r
's agent
Date:
~e t~pe of foo~ se:vice proposed and the
time and location of the event. Notification
m~y be completed orallyr by telephone, In
p~rson, or In writing.
(b) The local HRS county public
heal:h unl~ shall keep a record of
notifications received loc prooosed temporary
food service events and shall provlde
appropriate educa:lonal material to the event
sponsors o= vendors.
(2) Facilities - Soeciflc
Fequicements loc the physical facility where
the food service operation Is to be conducted
shall be based on the type food that is to be
and the amount of food preparation that is to
be conducted at the temporary facil£ty.
(a) If the food service operation
.s intended for the sale of only packaged,
non-potentiallv hazardous food or drink, the
food oackaqes shall be protected from dust,
dirt, and other sources of contamination
during sto=a~e and
(b) Overhead protection shall be
provided at all ~ood service ooerations when
food is preoared or portioned on premises.
(c) When potentially hazardous
~ood is prepared at temporary ~ood service
events o~ more than ] days~ the physical
structure where the food preparation occurs
shall be protected from the entrance of
[lying insects and other vermin.
(3) ~ll food and beverages served
at temoorary food service events shall be
f~om aoo£oved sources in accordance with
provisions of section 10D-13.02] of this
chaoter or prepared on premises.
[4) All food served at
food service events shall be orotected in
accordance with orovisions of section 10D-
13.024 of this chaoter.
(5) Food and food-contact
surfaces shall be protected
contamination by customers and dust. Where
neces=ary~ e~ective shields or covets shall
be orovided.
(6) Ice which will be consumed or
which will come into contact with (ood shall
be obtained from an approved source only in
chioo.-d, crushed o[ cubed fo~m. The ice
HAY 2 5 1999
shall be held Ina way that ~cotects it from
contamination until dispensed.
. il) Storage of packaged food in
contact with ~atec or undrained ice is
prohibited. Wrapped sandwiches shall not he
stored in direct contact wlth ice. Bevera~
containers ~ay be stored in direct contac:
with ice when:
la) The storage facility iS
equipped with adequate drains ~hich preclude
the accumulation of water during use~
(bi The melt water is dlsoosed o~
so as not to create a nuisance; and
lc) The storage facility is keot
clean.
(81 t~hen all necessary ~ashtr~
and sanitizing of utensils and eoulpment ace
conducted at an a~ocoved commissary oc food
se:vice establishment, a utensil washing sink
will not be reguired, except that~ an
adequate supply of ~pare preparation and
servin~ utensils ace maintained in the
establishment and used to reoiace those that
become soiled.
19) Ali food service operations
whlch prepare food on premises shall provide
an adeguate supply of potable water
cleanlnG and employee handwashlng. An
adequate supply~aybe provided in clean
portable containers equipped vlth on/oil
valves. Soap and single-se:vice towels shall
be available for handwashln~ and hand drvlnq.
~10) £quioment shall be installed
in such a manner that the establishment can
be kept clean and the food will not become
contaminated.
Ill) Liould waste which is not
~ischacged into a sewerage system shall be
~isposed of tn a manner that will not create
' a public health hazard or a sanitary
nuisance.
(121 Floor construction In
establishments which predate food on oremises
shall be of durable material. Dirt or ~ravel
subflooring can be used when ~caded to drain,
and covered with platforms, duckboacds,
plastic film, wood chips, shavings, or
similar suitable material such as a
sufficient covet of grass oc turf to con:Col
(131 Nalls and ceilin~s, wheD
cequlred, shall be constructed to minimize
the enttancq of flies and dust. Ceilings ma~
be of wood, canvas o£ other ma:crisis which
protect the interior of the establishment
20
NAY 2 5 1999
.INDIVIDU__~_U_~ BOOTH NOTIFICATIO.N FOR.~ F~.R TEMPORARY EVENTS
Person in charge of booth: g~t)*~lU ~0_%~
~ '
Types of food or beverage to be served:
/
Florida Administrative Code, Chapter lOD-13 requires all
food to come from an approved source. All food storage,
preparation and utensil cleaning for this event shall not be
done in private homes.
Ldcation of advanced food preparation: O0~C~_7-q~D~ "I~A~/.~'~
How will food be transported to event location?
MethOd of keeping food hot and/or cold at event site:
Method of .cooking food at the location:
Food must be protected from dust, insects, flies, coughs,
sneezes. How will you. provide this protec.tion?. Describe
type of structure: ~/~-- ~;~[- ~ ~CC~
Adequate facilities and supplies shall be provided for
employee handwashing How will you provide this?
For Information and Assistance contact:
Environmental Health & Engineering Dept -
(813) 643-8499
Excerpt from Ordinance No. 75-11 Filed Secretary of State 3/6/75 ~AY~ 5 1999
3. Application and Fee for Permit. A minimum of twenty (20)
days before occupying the carnival or exhibition site, an application
for a permit shall be submitted to the County Manager in four (4)
copies accompanied by:
a. A surety .bond in the penal sum of $2,5Q.3, issued by a
company authorized to issue such bonds in Florida, conditioned upon the
operator complying with each provision of this Ordinance and subject to
forfeiture under the terms provided in Paragraph 8 hereinbelow.
b. Evidence of current public liability insurance coverage,
issued by a company authorized to do business in Florida, in the
minimum amount of $100,000 for any one person and $300,000 for any one
incident.
c. A non-refundable fee of $200.
d. A current occupational license issued by the Collier
County Tax Collector, and
e. Including the following information:
1) The name and headquarters address(es) of the
%rnival or exhibition company(ies) with a direct or indirect financial
nterest; name(s) and address(es) of any sponsoring organization(s),
nd the name and local address of the applicant representing the
~arnival or exhibition company(ies);
2) A description of the every activity to be conducted
such as but not limited to, menageries; circus and side-show perform-
ances; amusement, merry-go-round and other ride activities; food and
4rink dispensing facilities; booths for conduct of games of skill or
:hance not prohibited by State law to be open to the public for an
dmission or participation fee and number of persons to operate the
ctivities;
3) Name, identification and social security number of
~ach person accountable for the operation of each activity;
4) A description and sketch of the site showing the
location of each activity proposed, the location and number of sanitary
facilities; parking facilities, and provision for lighting and public
water;
5) Application for Food Establishment Operating Permit
from the County Health Department as required by Ordinance 74-45.
6) The plan for refuse, garbage, debris, and sewage
disposal during and after operation of the circus or exhibition.
7) Provisions for-traffic control, fire safety and
security precautions;
8) The date and time each activity is to be conducted
and concluded;
9) Written approval from the owner of the property
authorizing the use of this premises for such carnival activity.
10) Legal description of property to be utilized.
HAY 2 5 1999
Permit No. CP-99-03
PERMIT FOR CARNIVAL EXHIBITION
STATE OF FLORIDA:
COUNTY OF COLLIER:
WHEREAS, Collier County Parks and Recreation, has made application to the Board of County
Commissioners of Collier County, Florida, for a permit to conduct a carnival or exhibition; and
WHEREAS, Collier County Parks and Recreation, has presented to the Board sufficient evidence that all
criteria for the issuance of a permit to conduct a carnival or exlu~oition as set forth in Chapter 10, Article II,
Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival or
exhibition will be conducted according to lawful requirements and conditions; and
WHEREAS, said'Collier County Parks and Recreation., has requested a waiver of the Surety Bond;
NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Collier County Parks and Recreation,
to conduct a carnival or exhibition from June 18, 1999 through June 19, 1999, in accordance with the terms and
conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein
for the following described property:
(See attached Exhibit "A")
The request for waivers of Carnival Fee, Surety Bond and Occupational License is hereby approved.
WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in
and for .~aai~'.q~.unty this t~.5'~l~, dayof ~7~ o~ , 1999.
,'. DWIGHT E.
^pproyea as :!~?orm ant
Legal S~ffi~ienc~:
Assistant County Attorney
g/~dmin/suedCP-99-0 i
BOARD OF COUNTY COMMISSIONERS:
COLLIER COUNTY, FLORIDA:
0C.T-13-1994 12: 55;
SECTION
FROH C IER COUNTY ATTORNEY TO
??43430 p, 08
EXHIBIT "A" ~c~: NAY 2 5
TOWNSHIP 49 SOUTH~ RANGE ~6 EAST
COLLIER OOUNTY~-FLOBIDA
LEGAL DESCRIPTION SHEET 3 OF
A Portion of Block 115 Golden Gate, u~it 4 according to the. Plat.
thereof recorded in Plat Book 5 at Page 107 through 116 of .the.
Public Records of.Collier County, Florida, and more parti.cularly
described as follows=
DESCRIPTIONI Commence at the intersection of the centerline of
Golden Gate Parkway and-the centerline of Coronado Parkway. Thence
N. 38~ 54~ 39" W. along the centerline of Coronado Parkway a
distance of 65~00 feet to a point on the Southwesterly extension
of the Northwesterly Right-of-way line of Golden Gate Parkway;
thence N. 51° 05~ 21" E. along the said extension of the
Northwesterly Right-of-way line a distance of 78.00 feet to a
Permanent Reference Monument as shown on the plat thereof, the said
Monument being also the Point ol Beginning of the Parcel herein
described; thence N. 51~ 05~ 21" E. continuing along said
Northwesterly Right-o~-way line a distance of 75.00 feet to a
point; thence N. 28" 54~ ~9" W. perpendicular to the said
Northwesterly Right-of-way line a distance of 150.O0 feet to a
point; thence So 51~ 05~ 21" W. a distance of 108.7~ feet to a
point on the Northeasterly Right-of-way line of Coronado Parkway;
thence Southeasterly along the Northeasterly Right-of-way line of
said Coronado Parkway and along the arc of a circular curve concave
Southwesterly having a radius of 898.17 feet a~d a ~entral angle
of 8" 00~ 00" for a distance of 125.41 feet to a point of reverse,
curvature~ thence Southeasterly, ~asterly, Northeasterly along the
arc of a ciroular curve having a radius of 25.00 feet an~ a central
angle 90" 00~ 00" for a distance of 39.27 feet' to the Point of
Beginning.
Subject to easements, restrictions and reservations of record and
real property taxes accruing subsequent'to December ~1, 1989, and
Subject to that certain right of rever~er and express condition
aescribed in the Deed recorded in Official R~cords Book 345, Page
311, and any subsequent modifications thereof, Public.Records. of
Collier County, Florida. '
001590
OR BOOK
00t036
PAGE
THIS IS A SKETCH OF THE LEGAL DESCRIPTioN, T,HIS.'I$.:I~IOT: A 'SURVEy,
Pass Three o[ You: " '
' .',.'~ _- ~ .... T~- - 3'-- .~ I I I ..11 _ Jl I3--'1___ !" . _ Il . I IIII ....... .
, EKOJEC't':
EXHIBIT "A" ' ~c~= HAY 2 5 1999
SECTION 21~ , TOWNSHIP 49 SOUTH, RANGE ~6 EAsT
COLLIER
COUNTY, FLORIDA
LEGAL DESCRIPTION
SHEET...", *. OF .';4
o8' oo' oo"
898.,17~
125,41;
.J
0 2 0 3,:?
PAGE
PA R K WAY
THIS 15 A SKETCH OF THE. LEGAL DESCRIPTION, THI,S.I$' .N.O.T. A. SU:~VEY, · NOT TO SCALE. ',. ."';:=.:.'..':~;',,,~....,.",':-..,.'
COLLi[E~. (Xlb'lt'~ GOVI~RI~I'~ COI'[PLE,][ .. R~~/~~ [~, _ _ __
~u, ~ z3~6~ . ,~. ;, ... ".;",, ',,'..,:'.¥'..~.~ ~ ....
(813) 774-8260 , DA~I ' '*
GATE
GOLDEN
'o 001590
.~ o, OR BOOK
May 25, 1999
Item #16C3
SUMMER FOOD SERVICE PROGRAM GRANT FOR IM~OKALEE AND NAPLES SUMMER
RECREATION PARTICIPANTS IN THE AMOUNT OF $222,500.00
Page 120
Agreement Number, 04- 804
FLORIDA DEPARTMENT OF EDUCATION
DIVISION OF SUPPORT SERVICES
Name of Sponsor. Collier County Parks & Recrea'l'lon
INSTRUCTIONS: (1) Retum two copies of this agreement with oHginel ~gnefures prior to the beginning of ~e
program to Food and Nut~ition Management, 325 West Gaines Street, Room 1032, Talahassee, Florida 32399-
0400. (2) Wher~ the agreement is approved, one copy wtll be returned to the SPonsor.
In order to effectuate the purposes of the Sun-d~er Food Service Program for Children, the Florida DeparflT~nt of
Application for Participation (ESE 196) (hereinafter refened to as the "Sl~ acting In behalf of each site ,sled
oft the Site Informetion Sheet, (ESE 1 gT), covenant end agree as follows.
A. The DEPARTMENT AGREES TO THE extent of funds available It shall reimburse the slx)nsor In accordance
tha student bedy d a schcol distflof am on vacation kx s pedod of 15 or mom continuo~ days dudng the
(a) Tbe amount of operatfonel reimbursentent for meals shall nof exceed the lassefaf:
(2) Actua~ opereUng cam incurred by the smnsor.
(b) The amouht of administrative reimbmsement for meals shall not exceed ~e __lePer__. of: (1) An amount eetimated In the spone~s appmved admin~treth~e budg~
(2) .~:tua~ adn~btredve costa Incurred by the sponsoC ot
(c) Pmgrem income acoulng to a sponsor's program shall be deducted from either operating or
and ~e administrative budget.
B. The SPONSOR, being the authority for sugewlaion and control over the IXngrem wenants llmt, It a-- -,-'cep~ Itnal
1. Operate a nonprom food sewlce for shild~ on school vacation during the months of May through
2. Serve meals which meet the requirements and provisions set fodh in 7 CFR 225 during a period
3. Serve meals without cost to all children, except that camps may charge fur masla served to chtidren who
are not eilgibta for free or reduced price school meals;
4. issoe a policy statement in ecco~r--.;e with 7' CFR 225;
5. Hold training sessions for its administrative and site personnel with regard to program duties and allow no
site to opereto until site personnel have attended such training sessions, Treifdng of site personnel at a
minimum shall Include: pu~3ose of the program, site ellglbaty, ~ng, site operations, meal
pattern requirements, and duties of a monitor. Each sponsor shall ensure that its administrative pareonnal
attend Oepartment training provided to sponsors under 7 CFR 225; and sponso~ shall provide t~lJlling
sessions threugho~ the sornmer to ensure that administrative and site personnel are thoroughly
6. Claim reimbursement only for the type or types of meals specified in the agreement and ~ to
children at approved sites during the approved meal service period; except that camps shall claim
to ch,d,'en wf~o.m ~ibla kx fre. or reduced p,k:e sc~3o~ .'..ds;
ESE 198
FOODAND NUTRmON MANAGEMENT ~gO Snpt~ Barbera BI vd.
SUMMER FOOD SERVICE PROGRAM FOR CHILDREN AGREEMENT Address: Nap I es~ FL :~41 ! 6
7. Submit ctalms fu~ reimbursement on · form provided by Ihe I:~uT, i,~ in av,~.~ar~e with ~-oce~ums
8. Maintain, In the storage, preparation, and service of food. proper sanitatk)n and health standards in
confum~nce with an applicable state end local laws and re~. ulatio~:
g. Purchase, In as large quantities as may be effictenlly utilized In th.,~ ~- gram, foods designated as plentiful
10. Accept and use, in as large quantities as may be efficiently utitized in the program, such foods as may be
offored as ckmatod by the Depmtment;
11. Have ~ to fadllbes n __ece~___~y for storing, Ixepmlng a.d ~e~'tng f~_~:
12. Maintaln a tinencial management system as pmsoibed by the Oepartment4
13. Maintain on ltie documentation of eite vleits end reviews In accordance with 7 CFR 225;
14. Maintain ful and accurate recon:ls of all program operations under this ag~ee~:~!'! !J~:~:, ".'~,L'est make all
accounts and mc~ls pertaining to the program aveilq~ to state, federal, o~ o0~e~ authorized omclals for
audit or administra~ve review, at a reasonable time and place. Such records shell be retained for a period
of three years altar ltm evxl of the liscel year to which they pertain, excep~ Ihat, If audit tind'egs have not
C. The Sponsor hereby alFees that it will comply with Title V! of the Civil Rights Act of 1964 (Public Law ~&352,
42 U.S.C. 2000d et seq.) and all requirements Imposed by the regulations of the Depa~ment of Agriculture (7
CFR Part 15), Department of Justice (28 CFR Parts 42 and 50), and FNS directives or regula~ons issued
pursuant to that Act and the regulations, to the effect that, no person In the United States shall, on the
grounds of race, color, national o~gin, sex, age, or handicap be excluded flom par0ctpatlon in, be denied the
benefits of, or be ofhen~se ~ to disaimtnation under any program or activity for which the Sponsor
receives federal financial assistance from the Oepertment; and hereby gives assurance that it will immediately
This assurance is given in consideration of and for the purpose of obtaining any and all federal financial
assistance, grants, and loans of federal funds; reimbursable expenditures; grant or donation of federal
prope~ and Interest In property; the detail of federal personnel; and the sale and lease of, and the permission
to use, federal Ixoperty or Interest In soch property or tho fumishthg of services without consideration or at a
nominal consideration, or at a consideration which is reduced for the purpose o~ assisting the recipient, or in
rec. a~aition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or
any Improvements made with federal financial assistance extended to the program applicant by the
Department. This includes any federal agreement, arrangement, or other contract which has as one of its
puqx~as the provision of cash assistance for the pumhase of food, and cash assistance for purchase or
rental of food se~ca equipment or any other Ilnenclal aeslatance extanded In rellenoe on the representations
By ___-cce~_~ ng this assurance, the sponsor agrees to compile data, maintain records, and submit reports as
~:lui~d, to permit effective enfomeme~ of T~de VI and pe~Tnlt AUthorized USDA personnel during normal
worldng hours to review such records, books, and accounts as ~eeded to ascedain compliance with Title VI. If
them are any violations of this aseura~e~, ttm ~ of Agriculture, Food and Nutrition Service, shall
hlVl ~ I~ht to ~ j~lil ~ d this'as~n~x:a. This assurance is binding en the sponsor, its
II/aM~&l~ Iflel~t'eflel!, ~ ~1~ls i~ 10.9 a~ 'lhe7 receive assistance or retain possession of any
~1111~II1~ ~0111 ~1 01ti;i~dfl~[ The person or pas(ms whose eignaturas appear below are aulhorized to
O. The tem~ of thla Agreement arid the <letailed information contained on the Application for Participation (ESE
19e), and the SIte Information Sheets (ESE 197), which shall be considered a pert of this Agreement, shall
notbe modified or dmnged In any way other then by co~e~ th writin~ of both parties hereto.
(Continued on Reverse)
DOE Page 1 of 2
Dcp.rtmcnt
of I:ducation
i=
SUMMER FOOD SERVICE PROGRAM
may be ,-~_-~;~ mmmlly by Ihe r~,~; and ~e S..~- by mutual -~mam In
maintain and retain rocold$ efld lO make such records avaJlab~ for audlL Termination of this
FOR CHILDREN AGREEMENT
SPONSORING AGENCY
CERTIFICATION ~ APPROVAL
Col I let County
Sponsor Parks and Recreation Depar'hnen-I' .Cou~ ' Col I let
My signature certifies mat the h~fommtkm submilted on Ibis fom~ and Its altachments Is true and
~ aware ~at del~erate .dsre _p~or w#hholdm of Infommtion m~y resu# In
S~z~arumandTitleofAutho~zedRepmse~tive Pamela S. Hac'Kle Chalr~--=
ss,o
:'~ m .''.. ~.-.?."~ ' ¢:iDWIGH/- E. BROCK,,
CLERY,/
' ~ ' ~--
=: ::: . ~.. ~.' "-.. ,,-.,..~ _
A~tant County Attorney
ESE 198
Admin~i~,t, Food and Nubition Manngement
Pe~od of.agreement:
From:
Approved By:
Commissioner of Education
(Bo~ oook~ must h~ve 0ri;inal ~lo~_P_,_~_ ~t
To:
Date:
DOE P~ge 2 of 2
May 25, 1999
Item #16C4
AN AGREEMENT FOR THE COLLIER COUNTY SCHOOL BOARD TO PREPARE THE FOOD
FOR THE SUMMER FOOD SERVICE GRANT PROGRAM IN THE AMOUNT OF
$222.500.00
Page 121
COLLIER COUNTY PARKS AND RECREA T/ON DEPARTMENT
MEMORANDUM OF AGREEMENT
SUMMER FOOD SERVICE PROGRAM
The District School Board of Collier County (Schools), whose address is 3710 Estey Avenue, Naples,
Florida 34104, agrees to furnish approximately 3,500 meals per day to the Collier County Parks and
Recreation Department (Sponsor), whose address is 3300 Santa Barbara Blvd., Naples, Florida 34116.
Meals will be prepared and be available for pick up by the Sponsor at Gulf Coast High School,
Immokalee High School and Highlands Elementary School in accordance with a mutually agreed
schedule.
The estimates for meals are:
3,000 lunches per day at ~1.85 per lunch.
500 breakfasts per day at ~1.20 per breakfast.
Each meal is to meet the specifications as set forth by the U.S.D.A. Summer Food Program
Regulations, 7CFR Part 225, as provided to the District School Board. Service is to begin on July 1,
1999 and continue until August 6, 1999, unless the program is terminated earlier by either party. The
Sponsor agrees to request monthly cash advances from the Department of Education. The price of
meals on this contract includes the full value of any U.S.D.A. donated commodities and all federal and
state meal reimbursement.
The Schools shall hold the Sponsor harmless for safe food handling up to the time of receipt by the
Sponsor. The Sponsor shall hold the Schools harmless for safe food handling subsequent to receipt of
the meals.
The Schools shall prepare an invoice for all meals received by the Sponsor at the end of each month.
The Sponsor agrees to reimburse the Schools upon verification of the invoice and within 30 days.
IN WITNESS' 'WHEREOF: The parties hereto have caused this agreement to be executed by their duly
authoriZed officers.
ATTEST: , ' '.
~DWIGHTE. BROCI~~
B°ard~¢~
Witnes~ol
Approved as to form and
legal sufficiency:
May 25, 1999
Item #16C5
FORMAL BID PROCESS WAIVED; AGREEMENT FOR G.A. FOODS TO PREPARE THE
FOOD FOR THE SUMMER FOOD SERVICE GRANT PROGRAM WHILE SUMMER SCHOOL IS
NOT IN SESSION IN THE AMOUNT OF $222,500.00
Page 122
COLLIER COUNTY PARKS AND RECREATION DEPARTMENT
MEMORANDUM OF AGREEMENT
SUMMER FOOD SERVICE PROGRAM
MAY2 5
G.A. Foods (Vendor), whose address is 12200 32~a Court N, St. Petersburg, Florida 33716, agrees to furnish
approximately 3,000 meals per day to the Collier County Parks and Recreation Department (Sponsor) whose
address is 3300 Santa Barbara Boulevard, Naples, Florida 34116. Meals will be prepared and delivered to Naples
High School, Naples and Bethune Educational Center, Immokalee.
The estimates for meals are:
3,200 lunches per day at $1.70 per lunch (does not include milk which will
be provided by the Sponsor)
$292 charge per delivery
The milk will be provided by the Sponsor and the remainder of each meal is to meet the specifications as set forth
by the IJ.S.D.A. Summer Food Program Regulations, 7CFR Part 225, as provided to the District School Board.
Service is to begin on June 14, 1999 through June 30, 1999 and August 9, 1999 through August 13, 1999, unless
the program is terminated earlier by either party. The Sponsor agrees to request monthly cash advances from the
Department of Education. The price of meals on this contract includes the full value of any U.S.D.A. donated
commodities and all federal and state meal reimbursement.
The Vendor shall hold the Sponsor harmless for safe food handling up to the time of receipt by the Sponsor. The
sponsor shall hold the Vendor harmless for safe food handling subsequent to receipt of the meals.
The Vendor shall prepare an invoice for all meals received by the Sponsor at the end of each month. The Sponsor
agrees to reimburse the Vendor upon verification of the invoice and within 30 days.
IN WITNESS WHEREOF: The parties hereto have caused this agreement to be executed by their duly authorized
officers.
DWIG~-IT E. BROCK~ ~LE'RK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pam
G.A. FOODS ?
Ken LoBianco, Vice-President
ess for G.A. F~ods O %~
Approved as to form and
legal sufficiency:
Th~ C.~Palme~r6t;l~-
Assistant County Attorney
1999
May 25, 1999
Item #16C6
A GRANT APPLICATION BY THE COLLIER COUNTY MUSEUM TO THE FLORIDA
DEPARTMENT OF STATE REQUESTING A SPECIAL CATEGORY HISTORIC
PRESERVATION TO ASSIST WITH FUNDING THE PRESERVATION AND RESTORATION
OF THE ROBERTS RANCH IN IHMOKALEE
Page 123
HISTORICAL R~SOURCES GRANTS-IN-AID APPLICATION H~ 2 5 !999
1) PROJECT TITLE: Roberts' Ranch
2) APPLICANT: Collier County Government, Collier County Museum, Collier County Public Services Division
3) AMOUNT REQUESTED: $822~200 MATCH/LOCAL COST SHARE AMOUNT $1~187~538
4) PROJECT TYPE (CHECK ONE PLEASE)
~x SPECIAL CATEGORY; ACQUISITION & DEVELOPMENT; SURVEY & PLANNING; COMMUNITY EDUCAIION; CL(
MAIN STREET; __NON-MATCHING; MUSEUM GENERAL OPERATING SUPPORT; MU,SEUM EXHIBIT: MARKEF
$) TYPE OF APPLICANT: __NON-PROFIT ORGANIZATION; x GOVERNMENTAl. AGENCY; ~ FOI?,OROFTI' ORGANIZATIZ~IN
6) In the space provided below, briefly describe the project and the property or properties for which funding*is requested: do not=~tach
additional sheets.
The project will establish the stabilization and rehabilitation of 16 buildings and 6 site featu~.~ original to Roberts' P, tnch (1914-1977) for tsc as a
living history museum located on 15.2 acres in Immokalee, FL. Plans are to stabilize and rehabilitate the site as quietly as possible to presovve the
rapidly-deteriorating buildings and have the museum open to the public in less than three ye~, The first phase will bt to select a team of er~gineerir
and museum consultants led by an architect experienced in historic preservation. The consultant team will prepare de~'~gn and construction
documents for the rehabilitatiun of the buildings and features. Phase two will be the selection cfi a contractor for the ~ehabilitation work. The, third
and final phase will be the construction work necessary to complete the plan described in thez~onstruction documents. The construction phas~ will
include contract administration by the team of consultants. All phases will be overseen by C~er County Museum p~ofessionals experienced in
historic preservation projects.
Upon completion of the final phase, the buildings and site features will be restored to their re .Sl~ctive periods. The Rmch and its grounds wi~ be
used as a living history museum. Existing original materials will be restored, keeping the useofnew materials to a minimum. Original paint in goo
condition will be left on the surfaces and, in cases of severe degradation, scraped and re-painZ~l with the original color. Structural work will includ~
pouring new footings, righting frames of leaning structures, roof and siding repairs, where nemssary. The original water tower, essential to tire
Ranch's operation, was located behind the main house. No longer extant, it will be replicated using pictorial documermtion and information
gathered from Roberts family interviews. The Church currently located on tract E will be mo~:e, xl to tract D for use as a Visitor Center. The Church
was moved to the property in 1995 and blocks site lines to the main house. All work will be c~nsistent with the Secremy of the Interior's Standards
for Rehabilitation and guidelines for Rehabilitating Historic Buildings.
Roberts' Ranch is one of Collier County's premier historical resources and one of Florida's best and last examples of an authentic turn-of-the-centre
cattle ranch, grove and pioneer homestead. The buildings and features have survived remarkably intact and are ideally suited to restoration
and re-use as a living history museum. A significant resource for the County and State, the Ranch retains much of its historic character. The
original, in situ buildings seen against acres of original orange grove and fields, will teach the visitor about farming and ranching in early
Florida. The physical relationships among and between the buildings and site features give clues to everyday life and work on the Ranch.
Encompassing acres of buildings, features and grove, the museum will be open to the public and will attract local, state, national and
international visitors. Additionally, the site will serve as an outdoor classroom for local and regional students.
As a satellite of the Collier County Museum in Naples, Roberts' Ranch will be owned by Collier County Government and maintained by Collier
County Facilities and the Collier County Museum. Museum staff and department resources will be available throughout the project.
The museum will be staffed and operated by the County Museum with volunteer assistance from the Friends of Roberts' Ranch, the local citizens
support organization.
7) Provide a 3xS photograph of the principal view of the property.
Florida Department Of State
Division of Historical Resource~
Form HR3E210695
(Effective July 1996)
HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 2
8), PROJECT INFORMATION:
STREET ADDRESS: Roberts Avenue and SR 29
Immokalee, FL 34142
COUNTY WHERE PROJECT IS LOCATED:
COMMUNITY POPULATION 19,342
Collier
COUNTY POPULATION 198,093
9) APPLICANT INFORMATION:
ORGANIZATION NAME: Collier County Government, Collier County Museung Collier County Public Services Division
ADDRESS: 3301 Tamiami Trail East
CITY: Naples STATE: FL ZIP
APPLICANT'S FEDERAL EMPLOYER IDENTIFICATION NO: 59- 6000558
SAMAS NO.: (STATE AGENCIES ONLY) _ - -
CONTACT PERSON: Ron Jamro
34112
00100000
DAYTIME TELEPHONE NO: (941) 774-8476
EXT.
FAX NUMBER:.(941 )-774-8580
10) State House Of Representatives District Number And Name Of Representative For Project Location.
DISTRICT NUMBER(S): 77 REPRESENTATIVE: Joe Spratt
State Senate District Number And State Senator For The Project Location:
DISTRICT NUMBER(S): 29
SENATOR: Steven Geller
Congressional District Number And Name Of U.S. Congressional Representative For The Project Location
DISTRICT NUMBER(S): 14 CONGRESSMAN: Porter Goss
I 1) APPLICANT'S GRANT HISTORY: Has the applicant received previous grant assistance from the Department of State? If yes, specify the
year, the project name, the Division which awarded the grant and the amount of the award.
YEAR DIVISION PROJECT NAME AWARD
1985 Archives, History & Records Management Historical Site Survey, Collier County $3,500
! 996 Department of State, Historic Resources Museum of the Everglades $360,902
! 2) INDICATE EACH TYPE OF HISTORICAL DESIGNATION CURRENTLY HELD BY THE PROJECT SITE:
Individual National Register Listing; __ National Register District - Contributing Site;
. Individual Local Designation; __ Local District Designation - Contributing Site; None Of The Above
13) INDICATE THE LEVEL(S) OF LOCAL PROTECTION CURRENTLY AFFORDED THE SITE/AREA:
Local Ordinance ~ Local Ordinance Design Review
Covenant ~ Maintenance Agreement __ Other: (Specify).
Preservation Or Conservation Easement x
Protective
14) Provide a brief explanation of immediate threats to the site or area such as proposed demolition, extensive structural damage, on-going site
disturbance for archaeological sites, planned re-zoning, etc.
Roberts' Ranch recently survived the threat of modern development due to the Roberts heirs' stewardship and the generosity of the family and Collier
County. The family's donation of 6.4 acres in 1996 (tract E) and the County's purchase of 8.8 acres in 1999 (tract D) have made the land available as a
museum. Threats to the buildings include insect and animal damage, leaks and wood rot due to roof failure, structural loss due to failed or non-existent
concrete footings, overgrowth of vegetation on buildings and features, mold incursions in the main house and on its contents, and the presence of
flammable materials. Vandalism played a part in some of the destruction of the property. It has been mitigated by the installation of chain link fencinl~
and a security system, but it continues as a threat, nevertheless. The accelerated rate of deterioration is evidenced by examples such as the collapse frol
1993 to 1999 of the cane barn (just a roof on the ground) and leaking roof of the main house.
HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION
PAGE 3
15) Indicate the level(s) of Project Activities completed to date: ~k~A¥ 2 5
Architectural: Feasibility study; Schematics; Design Development; Construction documents; Other; ~ None
Preservation Planning: .. Design Guidelines; Preservation Ordinance; Preservation Element; x Other: None
Archaeological Excavation: __ Research Design; Excavation; .__Analysis, Curation, Conservation; __ Other; __ None
Museum Exhibit: Research; ~ Script; ___Artifact Selection; Design; __ Fabrication; __ Other; ~ None
1999
If other, describe: Preliminary Master Plan and Assessment for Structures, Tract D, 7/93 (superseded by County's purchase of site)
16) Project timeline: on graph below indicate all the major elements of the project and the amount of time required to complete each item: (Special Category Projects Only)
ACTIVITY:
A. x Consultant Selection
B. x x Documentation of Existinff Conditions
C. x x x Design
D. x x x x Constmcti
E. x
F.
G.
,n Documents
Contractor Selection
x x x x x x x x x x Construction
17) Describe the malor elements of the project and indicate the entities (i.e. Consultant, in-house, volunteers) responsible for each element.
A) Select and hire preservation Consultant
B,C,D)Documentation of existing conditions, design and construction documents
E) Contractor selection
F) Construction
F) Construction administration
A-F) Grant administration
Collier County Staff
Consultant
Collier County Staff
Contractor
Consultant, Collier County Staff
Collier County Staff
18) What is the anticipated annual Cost Of Maintenance of the Historic Property, Archaeological Site, or Museum Exhibit upon completion of the
project; and what is the source of the funding?
Cost of maintenance upon completion of the project is $24,600:
Electricity $3,600 Maintenance Equipment & Supplies $6,000
Water & Sewer 1,500 Mowing 4,000
Security System 1,000 Fuel & Lubricants 1,500
Paint, repairs, etc. (amortized over 10 years) $7,000
Funding is expected to come from Collier County Government General Fund and Tourist Development tax revenues.
19) Provide a brief description of the Educational Benefits this project will have on the local community and the state. Please enter the current or
anticipated annual visitation in space provided below.
Roberts' Ranch will be developed and designed to acquaint and educate the public, both residents and visitors, to lmmokalee's (white
settlement, 1873) rich farming and ranching past. Roberts' Ranch, an outdoor classroom, will enrich the school classroom experience
by presenting a wide variety of educational programs designed to complement and expand on elementary and secondary school curricula.
Site tours, lectures, exhibits and living history programs will accommodate a large, culturally diverse audience by using an object-based,
hands-on approach. The museum will be available to the 3 !,000 Collier County students. Annual field trips for the 5,000 fourth and fifth grade studen
studying Florida history and for the entire student body of Immokalee schools (4,449) are expected. Currently, lmmokalee students must travel 45 mih
to the nearest cultural institution. The museum will have an important role in teaching about Immokalee's past and relevance to its present and future,
farming continues to be an economic factor in the community. The museum will develop adult tours that include tours in other languages, such as
Spanish, German and French; a sensory tour for the blind that includes handling certain reproduction materials and a "scent" tour; and tours in Americ~
Sign Language. An orientation video will be shown in the Visitor Center.
Annual Visitation 25,000
MAY 5 199g
HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 4
20) Provide a brief explanation indicating the direct impact of this project on minorities and the disabled. Include any alterations to the site that will
make the site more accessible to the public.
lmmokalee is a diverse community that includes Hispanics (79.3%), Blacks (6.7%), Native Americans (less than 3%) and Caucasians (6.7%). The regiot
has been a farming community since i 873, with the Roberts family and Ranch playing major lies in the prosperity and development of the city. Moden
residents will be given the opportunity to study the ways of a pioneer ranch, comparing similarities and differences in methods. Further, community
pride will be bolstered through the recognition of the importance of farming and ranching to Florida's history and economy. School programs held at
the Ranch Will serve all students and the high concentration of Hispanics in the region (Hispanics in Immokalee account for 43% of all Hispanics in
Collier County.) Tours in Spanish will be developed. Every attempt will be made to make the Ranch grounds and buildings as universally accessible as
is reasonably possible while maintaining the historic integrity of the site. Plans include a video to be shown in the Visitor Center of the entire site and Gl
those areas that are inaccessible; tours designed for the blind; and tours given in American Sign Language.
21) Provide a brief explanation of the Direct Economic Impact this project will have on the surrounding community. Include any information regardig
number of jobs it will provide, if known.
lmmokalee has recently received new financial incentives geared to stimulating its economy. The museum project will be a major partner in ventures
that include the lmmokalee Regional Airport Industrial Park and Foreign Trade Zone, Seminole Gambling Casino, lmmokalee Drag Strip, the restoratio
of Lake Trafford and Main Street Program. An Enterprise Zone, the Federal government granted the area $2.5 million dollars for housing, job training
and other economic incentives. The Ranch will play an important part in the City's plans to strengthen economic growth in the quickly-growing busine:
of eeo-heritage tourism, spurred by funding to clean up Lake Trafford for ecologically based pursuits and the success of Corkscrew Swamp Sanctuary
(100,000 visitors per year). Roberts' Ranch would work with other businesses in town to bring more visitors to the area, locally, nationally and
internationally. Roberts' Ranch will be active in the local Chamber of Commerce and state tourism group, Visit Florida.
22) FOR ALL ACQUISITION & DEVELOPMENT/SPECIAL CATEGORY PROJECTS'
Provide The Dates Of Original Construction: 1914-1965
And The Florida Master Site File Number: 8 CR 639
All Ma]or Alterations: 1924, Main House built, 1960's Main House interior;
.(Attach copy of the Site File Form as Attachment M)
Original Use: Cattle Ranch & Homestead Current Use: Vacant
Proposed Use: Museum
Roberts' Ranch is important as one of the oldest remaining intact cattle ranches in the state. Retaining all of its historic character, the Ranch has most o
its original buildings in their original locations, seen against the backdrop of one of the oldest orange groves in Collier County. The Ranch embodies the
pioneer tenacity that was essential to success on the Florida frontier. The Roberts family came to Immokalee in 1914 from Ona, Florida with 300 head
cattle and seven children. They purchased 60 acres of land in an area called the "Old Allen Place," an earlier homestead with a 144 s.f. log cabin. Theil
ranch, "Red Cattle Company," was in continuous operation from 1914 until 1977. Robert Roberts, Jr. (1884-1963) was prominent in the community,
founding the First Baptist Church in 1916, the Masonic lodge in 1954 (he donated land for both buildings) and the first post office. He was one of the
first Commissioners of newly established Collier County in 1923.
For Acquisition projects, provide the Full Purchase Amount $
and the acreage of the property to be acquired
The maximum grant share for an acquisition project shall not exceed 50% of the value of the property as determined by the appraisal; the
average of two appraisals, if two were obtained; or the average of the closest two appraisals, if more than two were obtained; or 50% of the
purchase amount, whichever is less.
23) FOR ALL SURVEY & PLANNING GRANTS:
For Surveys, indicate the types of historical resources to be surveyed.
LIST ANY PREVIOUS SURVEYS IN THE PROPOSED AREA.
Indicate the anticipated Number of New Sites to be recorded
and the Acreage to be covered in the survey area
, the anticipated Number of Florida Site File Form Updates
For National Reeister Nominations, indicate the number of anticipated Individual Nominations,
Will a multiple property cover nomination be produced? yes, no.
District Nominations,
HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION
24) FOR ALL COMMUNITY EDUCATION PRO,FECTS:
PAGE 5
HAY 5 1999
For Audio-Visual Productions~ Books~ Pamphlets~ Walking Tour Brochures, etc., Explain how the product will be Marketed and/or Distributed.
How many minutes/pages is the product?
How many copies of the product will be produced?
If the printed/media materials are proposed for distribution, will there be a per item charge?
charge.
For Educational Materials, is the local school system actively involved in your project?
anticipated participation in this project.
yes no. If yes, provide the estimated
yes m no. If yes, describe their participation to date and
Do you intend to integrate your project into the Florida Heritage Education Program? yes m no.
For Historic Markers, include Form No. HIL3EI71294 from the Bureau of Historic Preservation ns Attachment L.
25) FOR ALL MUSEUM EXH ! BITS PROJECTS (Includina Special Cateaorv Museum Projects):
Explain the Historical Theme for the Museum Exhibit and why it is important to Florida history.
Roberts' Ranch is important as one of the oldest remaining intact cattle ranches in the state. The entire 15.2 acre site of the original 60 acres will be
interpreted as the museum. The educational mission of the museum is to teach early Florida history via the Ranch site, the Roberts family history and
any new information discovered through subsequent archaeological or archival means. Twenty-two buildings and site features, orange groves and gras~,
fields make up the museum. Ail structures will be interpreted to their respective periods and original use. All relevant and period contents in
exhibitable condition will receive minimal treatment and be placed on display. Buildings such as the main house (3,060 s.f.), bunkhouse (744 s.f.), and
garage (450 s.f.) will be open to the public. Buildings, such as the maid's house (120 s.f.), outhouse (16 s.f.) and smokehouse (192 s.f.) will be opened
for view, but not entry, due to their size. The main house, a two-story wood-Dame construction, built in 1924 is furnished with original contents that
include family photographs and Mr. Roberts' business files.
The intact quality of the site allows for ease in its interpretation. Visitors, few of whom have ever seen a bunkhouse, sugarcane vat or stand-alone
kitchen, will be able to truly experience the nature of life on an early Florida ranch. An orientation video at the Visitor Center will "set the stage" for th~
self-guided tour. An information brochure and location signs will aid the visitor through the site. Specially designed tours for school groups, the blind
and deaf will also be made available. Volunteer docents and staff will be available to answer questions.
Preservation of the site includes the rehabilitation of the existing structures, the relocation of the Church (the oldest remaining religious structure in
Immokalee, 1928) from Tract E to Tract D for use as a Visitor Center, and the reconstruction of the original water tower that was once located behind ti
main house. The Church, which was moved three other times in its existence, was moved to the Ranch in 1995. Founded by Mr. Roberts, the First
Baptist Church played an important role in the history of lmmokalee and in the lives of the Roberts family. Currently the Church is located near the
Main House, obstructing site lines and confusing the interrelationships of the original buildings. The Church will be adaptively re-used for a Visitor
Center.
HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION
What is the square footage of the museum exhibit? 15.2 acres.
PAOE 6
HAY 5 '1999
26) FOR ALL HISTORICAL MUSEUM GENERAL OPERATING SUPPORT PROJECTS
Describe the museum's management structure and governing authority:
27) Describe the museum's collections, collections management practices, exhibits, and educational programs:
28) Describe the physical facility, including square footage of exhibit, storage, collections, and administrative spaces:
29) Estimate the percentage of the museum's budget allocated to Florida history: %
Has the museum been open to the public for at least 180 days per year for each of the 2 years prior to the application date?
How many persons visited the museum in the last 2 fiscal years?
19 , persons 19 , persons
Yes
No.
General Operating Expenses Excess (Deficit) of Revenue Over Expenses
FY $ FY
FY $ FY
FY $ FY
HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION
Roberts' Ranch Project Cost Estimate for Rehabilitation, Reconstruction, Relocation and Site Work
May 1999
Object Work Estimate
Tract D
Tractor shed rehabilitation 6,000
Horse barn rehabilitation 36,000
Kitchen rehabilitation 15,500
Smokehouse rehabilitation 3,000
Bunkhouse rehabilitation 22,000
Pump shed rehabilitation 2,000
Cane vat rehabilitation 1,000
Well rehabilitation 1,500
Horse ramp rehabilitation 1,000
Horse stall rehabilitation 3,000
Fencing rehabilitation 6,500
Original log foundation rehabilitation 500
Tract E
Main house rehabilitation 250,000
Barn rehabilitation 2,000
Garage rehabilitation 2,000
Maid's house rehabilitation 3,000
Smokehouse rehabilitation 1,000
Outhouse rehabilitation 500
Chicken coop rehabilitation 500
Pump house rehabilitation 1,000
Church rehabilitation 172,000
Church relocation 8,000
Water tower reconstruction 20,000
ISub-total buildings
558,0001
General conditions 70,000
IProject Sub-total
628,oooI
Contingency
Estimated construction costs
Architectural & Engineering fees
94,200
722,200
100,000
[Total Estimated Cost
822,2ooI
PAGE 7
MAY
5 1999
HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION
PAGE g
MAY 2 5 1999
3O) PROJECT BUDGET
BUDGET ITEMS
Rehabilitation Tract D
Rehabilitation Tract E
General Conditions
Contingency
drchitecturai & Engineering Fees
Collier County Board, 1999
Collier County Staff, Past
Roberts' Family Contributions, Past
Friends of Ranch Contributions, Past
Collier County Government, Grant Period
Collier County Staff~ Grant Period
Friends of Ranch, Grant Period
Collier Count}, Sheriff's Office, Grant
TOTALS
GRANT
FUNDS
MATCHING
FUNDS/LOCAL COST SHARE
$ 98,000 $
$ 460,000 $
$ 70,000 $
$ 94,200 $
$ 100,000 $
$ $ 622,783
$ $ 4,927
$ $ 461,281
$ $ 6,525
$ $ 18,822
$ $ 38,543
$ $ 32,257
$ $ 2,400
$ $
$822,200
$
$
$
$
$
$
$
$!,187,538
SUB-TOTAL
$ 98,000
$ 46O,000
$ 70,000
$ 94,200
$ 100,000
$ 622,783
$ 4,927
$ 461,281
$ 6,525
$ 18,822
$ 38,543
$ 32,257
$ 2,400
$
$
$
$
$
$
$
$
$
$2.009.738
HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION
PAGE 9
5 999
31)
Matching and Local Cost Share Funds: List the sources and amounts of confirmed matching funds. (For items involving personnel, indicate th
number of hours to be spent on project activities with their per/hour value and the project activities to be performed.) For matching grant projects,
funds must not be expended before execution of a Grant Award Agreement. For Special Category grant projects, clearly indicate 1) the resources
contributed to the project during the preceding five (5) year period and 2) the resources available for the project during the period for which
funding is requested.
a. Local resources contributed prior to grant period
l. Collier County Government Board of County Commissioners
Fiscal Year 1999, Purchase of Tract D, (8.8 acres) $600,000.00
Real Property Office Services 17,500.00 (Environmental Assessment, Appraisals)
Security System Installed, 1997 5,283.00
Total $622,783.00
2. Comer County Staff Time
Museum Director (R. Jamro) 45 hours x $34.80/hr =
Museum Manager (D. Ridewood) 16 hours x $20.62 =
Education Curator (N. Olson) 10 hours x $24.83 =
Curator of Collections (C. Welch) 160 hours x $16.97 =
Secretary (D. Gardner) 5 hours x $13.58 =
Total
$1,566.00 (Oversee project, meetings, reports)
329.92 (Meetings, reports)
248.30 (Photograph site, inventory)
2,715.20 (Inventory Main House )
67.90 (Clerical support)
$4,927.32
Roberts' Family Contributions
Land value, Tract E, 1996 (6.4 acres x $30,000/acre)
Appraised value of Tract E buildings
Total
$192,000.00
269,281.00
$461,281.00
Friends of Roberts' Ranch Contributions
Master Plan-C. Yeilding, 1998
Donations to Ranch fund
Total
$5,000.00 ($1,000 donated by Collier County Government)
1,525.00
$6,525.00
bo
Local resources available during grant period
Collier County Government
Pack and Move Collections
Storage and Work Space 18 months x $600/mo.=
Fumigate Buildings 9,125 s.f. x .66=
Total
$2,000.00
10,800.00
6,022.00
$18,822.00
Collier County Staff Time
Museum Director (R. Jamro) 400 hours x $34.80/hr = $13,920.00 (Oversee project, report to Commissioners)
Museum Mannger (D. Ridewood) 693 hours x $20.62 = 14,289.66 (Project site mannger, repons)
Curator of Collections (D. Southall) 520 hours x $17.26 = 8,975.20 (Photo, inventory, remove objects-storage)
Secretary (D. Gardner) 100 hours x $13.58 = 1,358.00 (Clerical support for reports)
Total $38,542.86
Friends of Roberts' Ranch Contributions
Volunteers 2000 hours x $5.15 =
lmmokalee Nature Center Pledge
Total
$10,300.00 (Assist Staff)
24,957.10
$32,257.10
Collier County Sheriff's Office
Inmate Labor 400 hours x $6.00 =
$2~400.00 (Assist in site clean up, debris hauling)
Grand Total Local Cost Share $1~187,538.28
HISTORICAL RESOURCES GRAHTS-IN-AID APPLICATION PAGE 10
HAY ? 5 999
CERTIFICATIONS
32) Applicant certification: This certification must be signed by the duly authorized representative of the
applicant organization or agency before the application will be considered for fimding assistance.
I certify that the information contained in this application is true and correct to the best of my knowledge, and that I
am the duly authorized representative of the applicant.
Name (type or print) Ron Jamco
Agency ororgani~ation Collier Count:¥ Museum Title Director
//
Signature J, ln,' ~----.-~ Date 5/25/99
33) Owner concurrence.' If the applicant does not own the property, the owner of record must sign the following
statement indicating concurrence with the proposed project and this application for grant assistance.
I, the undersigned, am the owner of the property identified under item 8) Pro]ect Information on Page Two of this application
and hereby acknowledge my support for and full concun'ence with this application.
Name (print or type)
Signature Date
Address
City State Zip
Daytime telephone
FAX Number
34) Agreement to Execute Restrictive Covenant (SPECIAL CATEGORY & ACQUISITION PROJECTS
ONLY):
For projects involving historic properties and those involving archaeological sites which will be maintained
subsequent to the completion of the project, the owner, long-term lessee or other responsible party must sign the
following statement indicating agreement to execute a 10 year restrictive covenant to run with the property deed,
should a grant award be made.
I, the undersigned, am the duly authorized representative of the x owner, long-term lessee, or other organization or
agency having responsibility for maintenance of the property identified under item 8) Project Information on Page Two of this
application subsequent to completion of the project for which funding is requested. I hereby indicate agreement to execute a
restrictive covenant through which the organization or agency I represent will commit to maintenance of the referenced property
in accordance with good preservation practice and the applicable standards and guidelines of the Secretary of the Interior for a
period often years. I further agree that the organization or agency will not make any modifications to the property (other than
routine repairs and maintenance) without review of the plans and specifications by the Bureau of Historic Preservation and that
every effort will be made to design any modifications in a manner consistent with the applicable standards and guidelines of the
Secretary of the Interior.
T~e ChaicwQm&B
Date
State FI. Zip 34112
FAXNumber (941) 774-360~ .
.... :APproved as to form & le,~al,suffic,ency
:o cnalma,n' s J
-
HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION
ATTACHMENT CHECKLIST
35) The following supporting documents are attached to this application:
PAGE I !
tIAY 5 999
Attachment A: Civil Rights Assurance of Compliance form (One original and thirteen copies) (ALL PROJECTS).
Attachment B: Documentation of Confrrmed Match or Local Cost Share (One original and thirteen copies) (ALL
PROJECTS).
Attachment C: Letters of Support, Endorsement, or Resolutions (One original and thirteen copies) (ALL PROJECTS).
Attachment D: Photographs describing the existing condition of the property or site (One set of photographic prints and 13
xerox copies); and One 35 mm color slide of the property (ALL PROJECTS).
Attachment E: If completed, architectural project schematics or construction documents (ONE SET ONLY)
(ACQUISITION AND DEVELOPMENT and SPECIAL CATEGORY PROJECTS).
Attachment F: If completed, museum exhibition designs with appropriate sketches (one original and thirteen copies)
(MUSEUM EXHIBIT PROJECTS ONLY).
Attachment G: Letters of commitment from participating institutions for traveling exhibits (One original and thirteen copies~
(MUSEUM EXHIBIT PROJECTS ONLY).
Attachment H: Samples of reviews, programs, and brochures of the museum (One original and thirteen copies) (MUSEUM
EXHIBIT and MUSEUM GENERAL OPERATING SUPPORT PROJECTS ONLY).
Attachment I: For Museum General Operating Support: an independent financial review or audit for the previous fiscal year:
if available, or a detailed breakdown of the operating budget of income and expenses for the previous fiscal year (MUSEUM
GENERAL OPERATING SUPPORT ONLY: Fourteen copies).
Attachment J: For non-profit organizations only: proof of non-profit status (Fourteen copies) (ALL PROJECTS).
Attachment K: For Acquisition projects only: an independent appraisal (two appraisals are required if the value of the first
appraisal exceeds $$00,000); an ownership and encumbrance search; and an executed option or purchase agreement.
Attachment L: For historic marker projects only: Florida Historic Marker Application Form No. HR3E171294 (Fourteen
copies).
Attachment M: Copy of Florida Master Site File Form (Fourteen copies) (ACQUISITION AND DEVELOPMENT and
SPECIAL CATEGORY PROJECTS).
HISTORICAL RESOURCES ORANTg-IN-AID APPLICATION
ATTAINT A
PAOE 12
1999
U.S. DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
CML RIGHTS ASSURANCE OF COMPLIANCE
Co ]. ]. i e C Court I~ ~ BOG (hereina~er called "Applicant-Recipient") hereby agrees that it will comply with
Title VI oftbe Civil Rights Act of 1964 (P.L 88-352) and all requirements imposed by or pursuant to the Department of the Interior
Regulations (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of the Act and the Regulations, no
person in the United States shall, on the grounds of race, color, or national origin be excluded ~om pa~cipation in, be denied the benefit.,
of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives £mancial
assistance from the Florida Department of State a~nd hereby gives assurance that it will immediately take any measures to effectuate this
agreement.
Tbe Applicant-Recipient also agrees to comply with Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of
1975 and all requirements imposed by or pursuant to the Department of the Interior Regulations (43 CFR 17) issued pursuant to these
titles, to the end that, no person in the United States shall, on the grounds of disability or age be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination under nny program or activity for which the Applicant-Recipient receives
financial assistance from the National Park Service and hereby gives assurance that it will in~nediately take any measures to effectuate
this agreement.
If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant-
Recipient by the Florida Depamnent of State, this assurance obligates the Applicant-Recipient, or in the case of any transfer of such
property, any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar
services or benefits. Ifnny personal properS/is so provided, this assurance obligates the Applicant-Recipient for the period during whict
it retains ownership or possession of the Property. In all other cases, this assurance obligates the Applicant-Recipient for the period
during which the Federal £mancial assistance is extended to it by the Florida Depamnent of State.
This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property
discounts or other Federal financial assistance extended after the date hereof to the Applicant-Recipient by the bureau or office, includin1
installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date.
The Applicant-Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations
and agreements made in this assurance, and that the United States shall reserve the right to seek judicial enforcement of this assurance.
This assurance is binding on the Applicant-Recipient, its successors, transferees, and assignees, and the person or persons whose
signature appear below are authorized to sign this assurance on behalf of the Applicant-Recipient.
3301Tamiami Trail
Pamela Mac'K£e
~ Applicant-Recipient /
Comparable authorized Official)
~.as~, Naples,. Ft. 34112
APPLICANT-RECIPIENT'S IVtAILING ADDRESS
Approyed as to form &,lega, I sufficiency
County (Horne ::)
May 25, 1999
Item #16C7
GRANT APPLICATION ENABLING COLLIER COUNTY PUBLIC LIBRARY TO APPLY FOR
EQUIPMENT, SOFTWARE AND TRAINING OPPORTUNITIES FROM THE GATES LIBRARY
FOUNDATION
Page 124
Grant Applicant Certification
Purpose
The purpose of Gates Library Initiate (GLI) grants is to expand the availability of public
access computing, and to provide access to the laternet and to digital information through
the public library.
Eligibility Standard
To be eligible for a Gates Library Initiative Grant, a library must be recognized by the State
Library of Florida as a public library, be open to public use acting as a public librm3, (not as
an administrative facility), serve an area of over 10% poverty, and not have previously
received a GLI (or GLF) grant.
In making this application, we certify that if the grant is approve&
1. The grant funds will be an incremental increase to other current and anticipated llbmry funding
and will not replace previously budgeted items.
2. This application is complete and represents the needs of this comm, mky. This library system
meets the ~ove eligibi]ity standa~ for G~xes Library ~nifafive funding..
3. All good faith efforts ~ be r,~te to sustain the public ~ccess computing c~p~bility established
by this grant. Such efforts will be aimed ~t assuring that all computers and peripheral equipment
are kept fully operational and appropfia~Ay supplied. Also, every effor~ ~ be r-~d~ to assure
adequate public funding for the proper maintenance and eventual replacement of the equipment
provided by this grant.
4. The applicant understamts that grants will be made only to public libraries that provide
untmdi~ access to com~ for public use, and will operate and ~er the computers
and Internet a~ess withom charges or fees to library patrons.
Library-Sys'cem Collier County Public Library
Libra~Directon
Nam= John w. Jones
Library R~cd Cha~.
Name ~.~? K. D~ri. zq ,
Approved as to fogm and legal sufficiency:
Thomas C. Palmer, ~ss±stant County Attorne~
FLORIDA
ATTESTg
Supplemental Grant Applicant Certification
/~td~pose
The purpose of this Supplemental Grant Application is to provide the libraries of the
State of Florida with state-of-the-art training facilities, that are located/n larger
library systems, and able to be used as a statewide resource through mutual support
and cooperation.
Eligibility Standard
To be eligible to receive this Supplemental Grant to host a Training Lab, a library
must be recognized by the State Library of Florida as a public library, open to public
use acting as a public h~rary (not as an admlni.~trative facility), and be willing to
commit to the use of the Lab for cooperative statewide technology training
programs.
Signamres:
LibratlgSystem
Library Director.
In making this application, we ce~ that if the supplemental grant is approve&
l. The grant ftmds will be all incremental increase to other current and anddpated library
funding and wil not replace previously budgeted itenm
2. This application is complete and represents the needs of this community. This library
system meets the above eligibility standard for Gates Library Initiative funding.
3. Ail good faith efforts will be made to sustain the Training Lab capability established by
this grant. Such efforts will be aimed at assuring that all computers and peripheral
equipment are kept fully operational and appropriately supplie& Also, every effort will
be made to assure adequ_ate public funding from state and local sources for the proper
mahtenmce and eventual replacement of the equip~e.t provided by this grant.
The applicant understands that grants will be m~d. only to public libraries that pro~de
unmediatM access to computers for public use, and will operate and administer the
computers and Imvxnet access w/thom ch~_,ges or fees to library patrons.
Dwxgl'it~-g. Broe_X ,~:i clerk
Collier County ublxc b~brarv :~, .
CK)UIqI~ ~IS$IO~EI~ OP ~OLL~ER ~, ~LORIDA
/
Appropriate State
Approved a.5. Lo~ £orm and l~al
Thomas ~.-P~l~r, Assistant County Att:orne¥
Nm aohn.w. Jonem
Date '' ~
May 25, 1999
Item #16C8
WESTINGHOUSE COMMUNITIES NAPLES TO EXCHANGE PROPERTIES LOCATED AT THE
COUNTY SEAGATE BEACH AND THE DEVELOPMENT PREVIOUSLY KNOWN AS NAPLES
CAY TO PROVIDE A BEACH PARKING LOT WITH 14 ADDITIONAL PARKING SPACES
Item #16C9
RESOLUTION 99-240 RELATING TO THE BEACH PARKING FEE POLICIES AND
PROCEDURES AND REPEAL RESOLUTION 95-543
Page 125
RESOLUTION No. 99 - 240
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, ESTABLISHING AND
IMPLEMENTING BEACH PARKING FEES AND RULES PROPOSED
BY THE COUNTY'S PARKS AND RECREATION DEPARTMENT
THAT SPECIFY THE DOCUMENTATION REQUIRED TO PROVE
ELIGIBILITY TO BE ISSUED A STICKER TO INDICATE THAT A
VEHICLE IS EXEMPT FROM PAYMENT OF BEACH PARKING
FEES BASED UPON THE APPLICANT'S RESIDENCY IN COLLIER
COUNTY, FLORIDA; REPEALING RESOLUTION NO. 95-543
WHEREAS, by adoption of Resolution No. 95-543 on September 26, 1995, the
Board of County Commissioners of Collier County, Florida, formally affirmed the
County's policies regarding fees for parking vehicles at the County's beach parking
facilities as specified in that Resolution; and
WHEREAS, eligibility for exemption from payment of beach parking fees is
based upon .~esidency in Collier County because ad valorem taxes assessed against
residential real property located in Collier County, plus other taxes that are paid by
permanem ~esidents bartially pay for the County's expenses and the City of Naples'
expenses related to the subject public beach facilities; such taxes are not paid by persons
who are n{~I permanent residents of Collier County or who do not own such real property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:-
SECTION ONE. FINDINGS AND PURPOSE.
The above WHEREAS CLAUSES are incorporated herein by reference as if restated
verbatim in this section.
MAY 2
These Rules may be amended fi'om time-to-time by Resolution(s) of the Board of County
Commissioners of Collier County.
The Board of County Commissioners makes the following findings of fact:
1. Most motor vehicles that are parked at the County's beach parking
facilities are occupied by people who are not residents of Collier County.
2. Costs to provide beach parking facilities and to police, maintain and repair
beaches, and to expand such parking facilities or construct new beach parking facilities
increase with the increasing numbers of vehicles that are parked at those beach parking
facilities.
3. This Resolution is to facilitate collection of those parking fees.
5 1999
SECTION TWO.
1. Parking fees apply
County.
APPLICABLE BEACH FACILITY LOCATIONS.
to the following beach parking facilities in Collier
Barefoot Beach Access.
Barefoot Beach Park.
Vanderbilt Beach Access.
Calm Pass Park.
North Gulfshere Beach Access.
Tigertail Beach.
South Marco Beach Park.
2. Additional beach parking facilities may be added to this list from time-to-
time by Resolution(s) adopted by the Board of County Commissioners.
Iq,AY 2 5 '1999
SECTION THREE. BEACH FACILITY PARKING FEES.
The County's beach parking fees are:
A. $3.00 per vehicle per day for each parking space that is not metered; and
B. Seventy-five cents ($0.75) per hour per vehicle for each parking space that
is individually metered.
C. The fees are collected through parking meters or by direct collection by
authorized county personnel at the respective beach parking facility.
SECTION FOUR.
VEHICLE EXEMPTION FROM BEACH FACILITY
PARKING FEES FOR PERMANENT COLLIER
COUNTY RESIDENTS; PROOF OF RESIDENCY IN
COLLIER COUNTY.
A. No vehicle shall be exempt from any beach facility parking fees unless the
vehicle displays a valid beach parking sticker issued by Collier County or by the City of
Naples.
B. Attached to this Resolution as Exhibit "A" are Rules proposed by the
Coll~ County Parks and Recreation Department, entitled "Beach Facilities Parking Fees
Exen:~tions - Documentation Required to Prove Residency in Collier County."
C. The attached Rules (Exhibit "A") are hereby approved by the Board of
County Commissioners as the County's policies regarding the documentation that is
required to be submitted to County's staff to prove that the applicant is eligible to be
issued a aticker to be affixed to a vehicle to indicate that the vehicle is exempt from
payment or,each parking fees at specified beach facilities in Collier County.
MAY 2 5 1999
SECTION FIVE. RESTRICTED PARKING AREAS.
Pursuant to Section FOUR of Collier County Ordinance No. 80-47, as amended, each
parking space at any the above-listed "Applicable Beach Facility Locations" is a
geographic area where vehicle parking is prohibited except for vehicles that either display
a valid vehicle parking sticker or the applicable beach parking fees have been paid to park
that vehicle.
SECTION SIX.
PARKING PROHIBITED AT "EXPIRED" PARKING
METERS.
Pursuant to Section FOUR of Collier County Ordinance No. 80-47, as amended, at each
of the above-listed "Applicable Beach Facility Locations" no parking space controlled by
an individual parking meter shall be occupied by any vehicle when the parking meter
reads "expired." Such parking is "prohibited" except when the respective metered
parking fee~ have been paid into the parking meter applicable to the respective vehicle.
SECTION SEVEN. PARKING CITATIONS.
Pursuant to Chapter 89-449, Laws of Florida, as now or hereafter amended, and pursuant
to Resoluti~m(s) that may t~e adopted from time-to-time by the Board of County
Commissioners in conjunction with Chapter 89-449, Collier County Park Rangers are
authorized by that Special Act to issue parking citations at each beach facility in
accordance with Ordinance No. 80-47, as now or hereafter amended, or as that Ordinance
may be superseded in function by subsequent ordinance(s).
MAY 5 199g
SECTION EIGHT.
REPEAL OF RESOLUTION NO. 95-543.
Collier County Resolution No. 95-543, expressing the County's current policies
regarding exemptions from these beach facilities parking fees, adopted on September 26,
1985, is hereby repealed in its entirety.
This Resolution adopted this ~day of~y
after motion, second and majority vote favoring same.
,1999,
ATTEST:
I~W~.,,~E. BROCK, Clerk
..... , ~,eputy C~erk~
Approved as m:~6~ ~d- -
~L~iERO~oCOuNTU~y,YFLC~)MMIS SIORiDA NE/~/S~.
FI~AMELA S. MAC'KIE, Ch/~i~'woman
Thomas C. i~r
Assistant Comfy Attorney
H:tcp/Res.99 - Be~tohParking Fees -required documentation to prove eligibility for exemptions
MAY Y 5 1999
Exhibit ~
PROOF REQUIRED TO SHOW THE RESIDENCY REQUIRED FOR
COLI.IER COUNTY FREE BEACH FACILITIES PARKING STICKER(S)
1. PERMANENT RESIDENT: Proof required for a beach facilities free parking
sticker based upon permanent residency ("domicile") in Collier County is either (i) a
Florida Driver's License showing a Collier County residence address or (ii) Voter
Registration Card showing a Collier County residence address, plus one (1) of the
following issued to the person shown on the Driver's License or on the Voter
Registration Card for each vehicle that is to receive a sticker:
Vehicle(s) owned by the Permittee. Florida Vehicle Registration of the vehicle.
Leased Vehicle(s). A lease/use agreement for the vehicle.
Company Vehicle. Written permission from employer authorizing that employee to drive
the vehicle that is to receive a sticker. The vehicle can be employer-owned or otherwise
provided to the employee by the employer, such as vehicle leased by the employer.
2. RESIDENT WHO OWNS AD VALOREM TAXED RESIDENTIAL REAL
PROPERTY. This alternative is available for a person who is not a permanent resident
of Collier County, or who is a permanent resident but does not choose to submit the proof
required to show his/her domicile in Collier County. County staff must see a Driver's
License (valid in Florida but issued anywhere), and either a deed or a then current real
property tax bill or other written proof showing the following: Fee title ownership
showing complete year-round title to Collier County ad valorem taxed real property in
residential use owned by the person shown on the Driver's License, plus one of the
folloxaiag issued to the person shown on the Driver's License:
Vehicle Owned by the Applicant. Current Registration (for anywhere) for each vehicle
that is ~ receive a parking sticker.
Leased Vehicle. A leasehase agreement for each leased vehicle that is to receive a sticker.
Compa0¥ Vehicle. Written permission from the vehicle operator's employer authorizing
that employee to drive the vehicle that is to receive a sticker. The vehicle can be
employer-owned or otherwise provided to that employee by the ~employer, such as a
vehicle leased by the employer.
The above-[iated proofs of residency and/or right to drive the vehicle are not all-inclusive.
Staff may accept other proofs that in the specific case show the required Collier County
domicile or residency and/or that person's right to drive each vehicle that is to receive a
sticker. Each co-owner of that specific residential real property is an "owner" of that real
property. Ownership of real property that does not grant to the free parking permittee
rights to occupy same on a year-around basis, such as part-time "time share" ownership,
is not sufficient proof of eligibility for a parking sticker.
May 25, 1999
Item #16D1
RESOLUTION 99-241 RE LEASE AGREEMENT BETWEEN COLLIER COUNTY AND
FLORIDA GULF COAST UNIVERSITY FOR RADIO ANTENNA SPACE
Page 126
RESOLUTION 99-
24~
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT
BETWEEN COLLIER COUNTY AND FLORIDA GULF COAST
UNIVERSITY FOR THE UTILIZATION OF ROOFTOP SPACE ON
BUILDING "L" AT THE COLLIER COUNTY GOVERNMENT CENTER.
WHEREAS, Florida Gulf Coast University, a State University ("FGCU"), desires to lease
a portion of rooftop space on Building "L" at the Collier County Government Center which is
owned by Collier County, a political subdivision of the State of Florida ("Collier County"), in
order to install and operate radio transmission equipment.
WHEREAS, the Lease Agreement provides for one (1) initial term of five (5) years with
five (5), five (5) year renewals. There shall be no charge for rent or utilities.
WHEREAS, the Board of County Commissioners, in accordance with Section 125.38,
Florida Statutes, is satisfied that this property is needed for WGCU's use and is not needed for
County purposes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners does approve the attached Lease Agreement
between Collier County and Florida Gulf Coast University.
2. The Chairwoman of the Board of County Commissioners of Collier County, Florida,
is hereby authorized to execute the attached Lease Agreement.
This Resolution adopted this ~ day of~Y'~.~/ , 1999
after motion, second and majority vote.
ATTEST:
,D x~IGH~. ~i~O~K, Clerk
· ~_Ai~, S'-~f,'~h_.'' Deputy Clerk
Approved as to'fo~ ~"'
~d l~gal shfficiphcg:
Heidi F. Ashton
Assist~t County Attorney
BOARD OF COUNTY COMMISSIONERS
M~,Y Y 5 i999
Lease #
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this ~'eday of [[)C~ ,1999,
between FLORIDA GULF COAST UNIVERSITY, a State University, whose n~iling address is
10501 FGCU Boulevard, Fort Myers, Florida 33965-6565, hereinafter referred to as "LESSEE",
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is
3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration,
the parties agree as follows:
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR a location atop
Building "L" at the Collier County Government Complex to accommodate one (1) FM receiver and
one (1) microwave transmitter operating at 950 MHz with a provision for LESSEE'S band-pass
filter, hereinafter referred to as the "Demised Premises", situated in the County of Collier and the
State of Florida, for the sole purpose of installing and operating equipment for WGCU and WMKO
radio stations. LESSEE shall be granted the right to install a directional FM receiver antenna and a
grid antenna for the microwave relay to the WMKO transmitter. The antennas shall be mounted on
standoffs on the side of the penthouse atop Building "L".
The final location and mounting technique for the equipment shall be approved by the Collier
County Facilities Management Department and the Radio Communications Manager.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of five (5) years commencing
on the date in which this Lease is accepted by the LESSOR. LESSEE is granted the option,
provided it is not in default of any of the terms of this lease, to renew same for five (5) additional
terms of five (5) years under the same terms and conditions, as provided herein, by giving written
notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the
expiration of the leasehold estate hereby created or the renewal term then in effect. Said notice shall
be effective upon placement of the notice in an official depository of the United States Post Office,
Registered or Certified Mail, Postage Prepaid.
Either LESSEE or LESSOR will be allowed to terminate this Lease by providing the other
party with thirty (30) day advance written notice. Said notice shall be effective upon placement of
the notice in an official depository of the United States Post Office, Registered or Certified Mail,
Postage Prepaid. LESSEE shall be granted an additional sixty (60) days from the aforementioned
thirty (30) day notice period, if required, in order to secure and relocate to an alternate site for
operations conducted at the Demised Premises.
ARTICLE 3. Rent
LESSOR agrees to Lease the Demised Premises to the LESSEE without cost to the LESSEE.
ARTICLE 4. Other Expenses and Charges
LESSOR shall pay all utility charges pertaining to the Demised Premises including electricity
and any other utilities used by LESSEE at the Demised Premises.
ARTICLE 5.
Modifications to Demised Premises
MAY ? 5 1999
Prior to making any changes, alterations, additions or improvements to the Demised
Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements,
changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing
the nature and extent of the desired alteration, improvement, change, or addition, along with the
contemplated starting and completion time for such project. LESSOR or its designee will then have
sixty (60) days within which to approve or deny in writing said request for changes, improvements,
alterations or additions. LESSOR shall not unreasonably withhold its consent to required or
appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60)
days, there has been no response from LESSOR or its designee to said proposals or plans, then such
silence shall be deemed as a denial to such request to LESSEE.
I~ESSEE covenants and agrees in connections with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable
laws, ordinance, rules, regulations, and requirements of the United Sates of America, State of
Florida, County of Collier, and any and all governmental agencies.
All alterations, improvements and additions made to the Demised Premises shall be deemed
the property of LESSEE. Prior to the termination of this Lease or any renewal term thereof, or
within thirty (30) days thereafter, LESSEE shall promptly remove the additions, improvements,
alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by
LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in
default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or
any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of
any public authority.
ARTICLE 6. Access to Demised Premises
LESSEE, its duly authorized agents, representatives and employees, shall have the right to
enter into and upon the Demised Premises during normal business hours, Monday through Friday,
by requesting prior approval from the Collier County Radio Communications Manager for the
purpose of examining or repairing LESSEE'S equipment at the Demised Premises. By prior
arrangement, during non-business hours during times of emergency repair or maintenance, LESSEE
shall contact the Collier County Radio Communications Manager for access to the Demised
Premises.
ARTICLE 7. Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of
the Demised Premises, or to permit any other persons to occupy same without the written consent of
LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve
LESSEE from liability for payment of rent or other sums herein provided or from the obligation to
keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent
from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to
be a consent to the assignment of this Lease or subletting of the Demised Premises.
ARTICLE 8. Indemnity_
LESSEE assumes any and all risks of personal injury and property damage attributable to the
negligent acts or omissions of the LESSEE and its officers, employees, servants and agents while
acting within the scope of their employment by the LESSEE. The LESSEE, as a state agency,
wan'ants and represents that it is self-funded for liability insurance, both public and property, with
such protection being applicable to the LESSEE'S officers, employees, servants and agents while
acting within the scope of their employment by the LESSEE. The LESSEE and LESSOR agree that
nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy
or defense available to such party under the laws of the State of Florida; (2) the consent of the State
of Florida or its agents and agencies to be sued; or (3) LESSEE and LESSOR further agree that
2
MAY Y 5 1999
nothing contained herein shall be construed as a waiver of sovereign immunity of the State of
Florida beyond the waiver provided in Section 768.28, Florida Statute (1985).
The above named State of Florida Agency is provided the following coverage through the Florida
Casualty Insurance Risk Management Trust Fund. Coverage and limits are those specified in
Chapter 284.31 and 768.28, Florida Statutes.
The LESSEE will only be liable for its portion of the location atop Building "L".
ARTICLE 9. Insurance
LESSEE shall provide and maintain general liability and property liability insurance
policy(ies), approved by the Collier County Risk Management Department, for not less than One
Hundred Thousand Dollars and No Cents ($100,000.00), per claim, and Two Hundred Thousand
Dollars and No Cents ($200,000.00) per occurrence during the term of this Agreement. In addition,
LESSEE shall provide and maintain Workers Compensation Insurance covering all employees
meeting Statutory Limits in compliance with the applicable state and federal laws.
Evidence of such insurance shall be provided to the Collier County Risk Management
Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for
approval prior to the commencement of this Lease Agreement; and shall include a provision
requiring ten (10) days prior written notice to Collier County c/o County Risk Management
Department in the event of cancellation or changes in policy(ies) coverage. LESSOR reserves the
right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE,
whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such
additional insurance.
ARTICLE 10. Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times, if
said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so
advised in writing. If corrective action is not taken within twenty (20) days of the receipt of such
notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay
all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by
LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR.
The LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by
LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons.
The LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all
applicable rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and
refuse of any nature whatsoever which might accumulate, and arise from the operations of the
LESSEE'S business. Such trash, waste and refuse shall be stored in closed containers approved by
the LESSOR.
ARTICLE 11. Default by LESSEE
Failure of LESSEE to comply for ninety (90) days with any material provision or covenant of
this Lease shall constitute a default, LESSOR may, at its option, terminate this Lease after thirty
(30) days written notice to LESSEE, unless the default be cured within the notice period (or such
additional time as is reasonably required to correct such default). However, the occurrence of any of
the following events shall constitute a default by LESSEE, and this Lease may be immediately
terminated by LESSOR:
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished
to LESSOR pursuant to the terms of this Lease.
(c) Filing of insolvency, reorganization, plan or arrangement or bankruptcy.
3
(d) Adjudication as bankrupt.
(e) Making of a general assignment of the benefit of creditors.
(f) If LESSEE suffers this Lease to be taken under any writ of execution.
In the event of the occurrence of any of the foregoing defaults in this ARTICLE 11, LESSOR,
in addition to any other rights and remedies it may have, shall have the immediate right to re-enter
and remove all persons and property from the Demised Premises. Such property may be removed
and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all
without service of notice or resort to legal process and without being deemed guilty of trespass, or
being liable for any loss or damage which may be occasioned thereby.
The LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30)
days notice in writing if a lien is filed against the leasehold interest of the LESSEE, and not
removed within thirty (30) days, pursuant to the Florida Mechanics Lien Law.
ARTICLE 12. Default by LESSOR
LESSOR shall in no event be charged with default in the performance of any of its
obligations hereunder unless and until LESSOR shall have failed to perform such obligations within
thirty (30) days (or such additional time as is reasonably required to correct such default) after
notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any
such obligations.
ARTICLE 13. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in
writing to the other party at the following addresses:
LESSOR:
Board of County Commissioners
c/o Real Property Mgmt. Dept.
3301 Tamiami Trail East
Administration Building
Naples, Florida 34112
LESSEE:
Florida Gulf Coast University
10501 FGCU Boulevard
Fort Myers, Florida 33965-6565
Attention: University President
cc: Office of the County Attorney
Radio Communications Manager, IT Dept.
cc: WGCU Station Manager
1999
ARTICLE 14. Surrender of Premises
LESSEE shall remove any improvements completed by LESSEE prior to the expiration of
this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and
any improvements not removed upon expiration of this Lease, or its earlier termination as herein
provided, broom clean and in as good condition and repair as the same shall be at the
commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the
continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S
control excepted.
ARTICLE 15. General Provisions
LESSEE fully understands that the police and law enforcement security protection provided
by law enforcement agencies for the above-referenced Demised Premises is limited to that provided
to any other business or agency situated in Collier County, and acknowledges that any special
security measures deemed necessary for additional protection of the Demised Premises shall bo the
sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR.
- M&Y ? 5 1999
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the
Demised Premises which would interfere with or adversely affect the operation or maintenance of
LESSOR'S standard operations where other operations share common facilities.
Rights not specifically granted the LESSEE by this Lease are hereby reserved to the
LESSOR.
(b)
LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where
applicable under law.
(c)
LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the
creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S
possession of said leasehold interest in the Demised Premises.
ARTICLE 16. Environmental Concems
LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless
LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or
incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any
federal, state, local or common law relating to pollution or protection of the environment.
ARTICLE 17. Interference
LESSEE covenants and agrees that LESSEE'S communication equipment, its installations,
operation and maintenance will:
A. Not irreparably damage the LESSOR'S building and/or accessories thereto.
Not interfere with the operation of LESSOR'S radio equipment or other current or future tenants
on said tower. In the event there is interference by LESSEE, LESSEE will promptly take all
steps necessary to correct and eliminate same within a reasonable period of time. If LESSEE is
unable to eliminate such interference caused by it within a reasonable period of time, LESSEE
agrees to remove its antennas from LESSOR'S property and this Agreement shall terminate.
C. Not interfere with the maintenance of LESSOR'S building.
D. Comply with all applicable rules and regulations of the Federal Communications Commission
and electrical codes of the City/County and/or State concerned.
ARTICLE 18. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the
following:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your County Public Health
Unit.
ARTICLE 19. ~
All persons to whom these presents may come are put upon notice of the fact that the interest
of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the
LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from
attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part
of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10,
Florida Statutes.
ARTICLE 20.
]~ffective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 21. Govemim, Law
This Lease shall be governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR:
DATED:
ATTEST:'
DWIGHT E. BROCK, Clerk
'~"~""~'i~ S"P~' mputy Clerk
'~Attes~.. m~ to Chai~n's
AS'TO LESSE~? :':':
DATED: g /IY 7
WiT~S-(signature) -
(print name)
~VITNESS (signature)
(print name) /
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, Chairwoman
FLORIDA GULF COAST UNIVERSITY
DR. ROY IglCTARNAG~, President
Approved as to form and
legal sufficiency:,
Heidi F.'~shton ~
Assistant County Attorney
May 25, 1999
Item #16D2
SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR
ABATEMENT OF NUISANCES FOR MARC D. JACOBSON TR., ANTONIO CUNHA &
FERNANDA CUNHA, MICHAEL J. FUGLE, AND DOUGLAS M. KELLY & DEBORAH L.
KELLY
Page 127
This instrument prepared by:
Heidi F. Ashton
Assistant County Attomey
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
*** 2483693 OR: 2552 PG: 0870 **"
RBCORDRD in OFfiCIAL RRCORDS oK COLLIBR COIJMTY, FL
05/28/1999 at 08:27A!( D¥IGH? i. BROCK, CLBRK
Retn:
CLBR[ TO THB BOARD
XMTBROFFXCB &TH FLOOR
1240
BBC FBI 6.00
COPXBS 1.00
MAY ? 5 1999
Property Folio No. 35997640001
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
The Lien was recorded on Apdl 21,
the Clerk of the Circuit Court of Colli
sum of Two Hundred and Forty Five
and imposes certain obligations agai
as follows:
Marc D Jacobson TR
115 E Rivo Alto Dr
Rivo Alto Island
Miami Bch, FL 33139
i995 in Official Record Book 2051, page 1186, in the Office of
,r County, State of Florida. The Lien secures the principal
;)ollars ($245.00), plus accrued interest and penalties, if any,
nst real property situated in Collier County, Florida, described
LOT 21, BLOCK 97, UNIT 3, GOLDEN GATE ESTATES
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chair~v_o.rn,~,n, direct e~u_ti?n and recording of this Satisfaction of Lien, by action of
the Board this ~ day or ~_ .r'y~_~- ,1999.
ATTEST:
DWIGHT E.' BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
This instrument prepared by:
Heidi F. Ashton
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
*** 2483694 OR: 2552 PG: 0871
RBCORDBD in O~IClAL RBCORD9 o~ COLLIRR COUNTY, ~L
05/28/1999 at 08:27A# DMISH? B. BROCI[, CLBRI[
Retn:
CLBRK TO THB BOARD
IHTRROUXCB 4TH FLOOR
BI? 7210
BBC FIB 6.00
COFlSS 1.00
HAY 5 1999
Property Folio No. 35997640001
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSlOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
Marc D Jacobson TR
115 E Rivo Alto Dr
Miami Beach, FL 33139
The Lien was recorded on February 22, 1999 in Official Record Book 2515, page 1043, in the
Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the
principal sum of Two Hundred and Forty Five Dollars ($245.00), plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated in Collier County,
Florida, described as follows:
LOT 21, BLOCK 97, UNIT 3, GOLDEN GATE ESTATES
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Cha, ji~v.~or~an, direct~_?ecution and recording of this Satisfaction of Lien, by action of
the Board this~ day of --"('Y3J:~ ,1999.
ATTEST:
DWIGHT E: BROCK, Clerk
to* Cha'lra 's
. ~ ,. · , ,~ ~
~proved ~as to form~'~.~. ;
~a~g ~egat sumclency %;
r ~ ,.. ~.,.,~ .~.,
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:p~
This instrument prepared by:
Heidi F. Ashton
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
2483695 OR: 2552 PG: 0872
RECORDBD tn OFFICIAL RECORDS of COLLXBR COliN?I, FL
05/28/lsso at 08:27A# D#IGH? B. BROCK, CLBRE
Retn:
CLBRK TO THB BOARD
INTBROFFICB &TH FLOOR
BIT 1240
RBC FBI &.00
COP[BS 1.00
HAY ? 5 1999
Property Folio No. 57382520002
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
Antonio Cunha &
Fernanda Cunha
34 Grossman St
Melville, NY 11747
The Lien was recorded on March 22, 1996 in Official Record Book 2161, page 2148, in the Office
of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal
sum of Two Hundred Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier County, Florida, described as
follows:
LOT 7, BLOCK 248 OF MARCO BEACH UNIT SIX.
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to.record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chaij:~o_~m/~,n, direct~_~e_c_ufion and recording of this Satisfaction of Lien, by action of
the Board this~t'~'~w..~ day of-- ~ ,1999.
ATTEST:'
DWIGHTE. BROCK, Clerk
BOARD OF COUNTY COMMISSIONER~,
COL~~
By:J/__'___'_ ...... ,-- / i
PAMELA S. MAC'KIE, CHAIRWOMAN
This instrument prepared by:
Heidi F. Ashton
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
2483696
REOORDRD tn OFFICIAL RECORDS oK COLLXBR COUHTT,
05/28/I999 at 08:2/AN DVIGHT B. BROCK, CLERK
RlC rib
OR: 2552 ?G: 0873
6,00
COPIRS 1.00
Beth:
CLERK ?O~HB DOARD
ZNTBROFf[CE 47H FLOOR
EKT 7240
HAY 5 1999
Property Folio No. 57929960009
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
Michael J Fugle
1350 W Huron St
Waterford, MI 48328
The Lien was recorded on April 7, 1995 in Official Record Book 2046, page 2380, in the Office of
the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal
sum of Two Hundred and Twenty-Four Dollars ($224.00), plus accrued interest and penalties, if
any, and imposes certain obligations against real property situated in Collier County, Florida,
described as follows:
LOT 7, BLOCK 360, MARCO BEACH UNIT ELEVEN
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of county Commissioners of Collier County, Florida, acting
through its Cha~ dire~u,,ti.0n' and recording of this Satisfaction of Lien, by action of
the Board this~ day of i I' I~ ,1999.
· DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By
This instrument prepared by:
Heidi F. Ashton
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
*** 2483697 OR: 2552 PG: 0874 **
R~ORD~D In O~IClAL R~¢ORDS of COLLIER COUNTY, ~L
05/28/I999 at 08:27A# DWIGHT B. BROCK, CLBRK
Retn:
CLBRK TO THB BOARD
INTBROFFICB 47H FLOOR
BX? 7240
RiO FBB 6.00
COPIBS 1.00
MAY ? 5 1999
Property Folio No. 57929960009
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
Michael J Fugle
1350 W Huron St
Waterford, MI 48328
The Lien was recorded on August 18, 1994 in Official Record Book 001977, page 001738, in the
Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the
principal sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated in Collier County,
Florida, described as follows:
LOT 7, BLOCK 360, MARCO BEACH UNIT ELEVEN
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Ch~tj~v_q,~n, dire(~ execution and recording of this Satisfaction of Lien, by action of
the Board thisC;~~ day of'~'Y'~/~ .., 1999.
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
This instrument prepared by:
Heidi F. Ashton
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
*** 2483698 0R: 2552 PG: 0875 **=
RBCORDBD tn OFFICIAL RBCORDS oR COLLIBR COIJI(TT, FL
05/28/100s et 08:27 DWIGH B. BROCR, CLBRK
Retn:
CLBRK ?O'L'HB BOARD
INTBROFFIC! &TH FLOOR
BIT 1240
RBC FIB 6.00
COPIBS 1.00
HAY 2 5 1999
Property Folio No. 57209320000
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
Douglas M Kelly &
Deborah L Kelly
305 Ludlow
Spdng Lake, NJ 07762
The Lien was recorded on October 14, 1994 in Official Record Book 1994, page 0095, in the
Office of the Clerk of the Circuit Court of Collier County, State of Flodda. The Lien secures the
principal sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and
penalties, if any, and imposes certain obligations against mai property situated in Collier County,
Florida, described as follows:
LOT 10, BLOCK 169, MARCO BEACH UNIT FIVE
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chai. L.rw_~r~an, directs exe_cu_tion and recording of this Satisfaction of Lien, by action of
the Board this~ day oT'--TY~.z~,V . ,1999.
ATTEST! ;'
DWIGHT E. BROCK, Clerk
~d legal SUfficienCy ~::
~ ~ ..,¥~; , ~'~
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
May 25, 1999
Item #16D3
RESOLUTION 99-242 RE THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL
ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE
SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION
AND DISPOSAL SERVICES SPECIAL ASSESSMENTS
Page 128
CLBRK TO THB BOARD RBCORDBD in the OFFICIAL RBCORDS of COLLIBR COUNTY, FL BBC FBB 6.00
I#TBROFFIC!47H FLOOR 05/28/10SS at 08:25AH D#IGH? B. BROCK, CLBRK COPIBS 1.00
IX? 7H0
242 HAY 2 5 1999
RESOLUTION NO. 99 -
A RESOLUTION APPROVING SATISFACTION OF LIEN
FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL
THE t991 SOLID WASTE COLLECTION AND DISPOSAL
SERVICES SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board
of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing
the recording of notices of liens for the delinquent solid waste collection and disposal
services special assessments for 1991; and
WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official
Record Book 1793, Pages 459 through 598 of the Official Records of Collier County,
Florida, which placed a lien on certain properties for the delinquent solid waste collection
and disposal services special assessments for 1991; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Lien on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the
1991 Service Year Solid Waste Collection and Disposal Special Assessment for the
following account numbered below, subsequent to the adoption of Resolution No. 93-29,
whereupon a lien had been recorded on real property pertaining to the account identified
herein. The Satisfaction of Lien attached hereto referencing the account identified herein
are hereby approved and the Chairwoman is hereby authorized to sign on behalf of the
Board of County Commissioners, and the Clerk is directed to record this Resolution and
this Satisfaction of Lien individually in the official records of Collier County:
Account No. 091006
This Resolution adopted
second'and majority vote.
ATTEST::' .~' ,~ '
DWI G H,.T~E..~E~R~(~ K, CLERK
.~,,', ., ~"r.,./ . ¥ ~
,1999 after motion,
BOARD OF COUNTY COMMISSIONERS
This instrument prepared by:
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 77400
*** 2483684 OR: 2552 PG: 0851 ***
RECORDED tn OHXCXAL RECORDS oK COLLXER COUNTY, FL
05/28/1999 al; 08:25A!( DliXGHT E. BROCK, CLERE
netn:
CLERK TO Tile BOARD
XMTBROFFXCB 4TH FLOOR
BXT 7240
EEC FEI 6.00
COPXES 1.00
Property Folio No. 66680240004
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
David M & Patricia J Crawford
P O Box 724
Goodland FL 33933-0000
The Lien was recorded on the l't day of February, 1993, in Official Record Book
1793, Pages 459 through 598, in the Office of the Clerk of the Circuit Court of Collier
County, State of Florida. The Lien secures the principal sum of Ninety-Nine Dollars
and Seventy-Two Cents ($99.72) plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier County, Florida,
described as follows:
PETTIT LOT 11 OR 1348 PG 764
Folio No. 66680240004
Pr~ect No. 60000
Account No. 091006
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in
the official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs exe~nd recording of this
of Lien, by action of the Board this day of
,1999.
BOARD OF COUNTY COMMISSIOI~E.~S
I~AMEI_~ S: MAC~KIE, CH,N~=,WOMAN
/
May 25, 1999
Item #16D4
RESOLUTION 99-243 RE THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL
ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE
SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL
SERVICES SPECIAL ASSESSMENTS
Page 129
Retn:
CLBRK TO ?BB BOABD
IN?BROHIC! l?H ~LOOR
BX? 72~0
RESOLUTION NO. 99 - 243
A RESOLUTION APPROVING SATISFACTION OF LIEN
FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL THE
1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENT
6.00
1.00
HAY 2 5 1999
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the
Board of County Commissioners on September 19, 1994 adopted Resolution No.
94-668 authorizing the recording of notices of liens for the delinquent solid waste
collection and disposal services special assessments for 1992; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board
to approve by Resolution and record In the Official Records a Satisfaction of Lien on
all accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as
amended, the Board recognizes full payment and receipt of the 1992 Service Year
Solid Waste Collection and Disposal Special Assessment for the following account
numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon
a lien had been recorded on real property pertaining to the account identified
herein. The Satisfaction of Lien attached hereto referencing the account identified
herein Is hereby approved and the Chairwoman Is hereby authorized to sign on
behalf of the Board of County Commissioners, and the Clerk is directed to record
this Resolution and this Satisfaction
Collier County:
Account No. 22907
Account NO. 46158
Account NO. 132253
This Resolution adopted this~--~ay of/~/~ ,1999
after motion, second and majority vote. ' '
'DWIGHT.E ~ BROCK, CLERK
..' ,~ ,~ '~,~ £j,_
A0~roved as tO-fOr~ and
leg~l' ~gfflc!~?~:~
Of Lien Individually In the official records of
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~
This instrument prepared by:
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774- 8400
Property Folio No. 66680240004
*** 2483777 OR: 2552 PG: 1133
RlCORDBO in OFFICIAL RI¢ORD; of COLLIBR COUII?L FL
05/28/1999 at 09:36A1i DWIGHT 8, BROC[, CL~Rli
Retn:
CLBRK TO THB BOARD
XNTBROFFXCB 4TH FLOOR
SX?
RBC FB! 6.00
'COPISS 1, O0
MAY 2 5 1999
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
David M=& Patricia J Crawford
P O Box 724
Goodland FL 339330000
The Lien was recorded on the 19~' day of September, 1994, in Official Record Book
1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier
County, State of Florida. The Lien secures the principal sum of One Hundred Dollars
and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier County, Florida,
described as follows:
PETTIT LOT 11 OR 1348 PG 764
Folio No.
Project No.
Account No.
66680240004
61000
132253
Collier County, a political subdivision of the State of Florida, herebyacknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in
the official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairwoman, directs ex.B.,ecu_u~on and recording of this
~a,,ction of Lien, by action of the Board this~~= day of
t { M'~,' ,1999.
This instrument prepared by:
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774- 8400
Property Folio No. 36009720009
*** 2483778 OR: 2552 PG: 1134
RBCO~SD In OFfiCIAL RSCORDS of COLLISR CODN?T,
Retn:
CLBRK TO ?H8 BOARD
INTBROFFICB 4TH FLOOR
8%? 7240
RRC FRS 6.00
COPIRS 1.00
1999
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
Arthur =& Ernestine perry
4596 318T PL S W
Naples FL 339990000
The Lien was recorded on the 19t~ day of September, 1994, in Official Record Book
1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier
County, State of Florida. The Lien secures the principal sum of One Hundred Dollars
and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier County, Florida,
described as follows:
GOLDEN GATE UNIT 3 BLK 111 LOT 13 OR 1016 PG 1238
Folio No. 36009720009
Project No. 61000
Account No. 46158
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in
the official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairwoman, directs e, xe, c..q~ and recording of this
of Lien, by action of the Board this day of
, ,1999.
This instrument prepared by:
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774- 8400
Property Folio No. 01141560000
*** 2483779 OR: 2552 PG: 1135 **
RBCORDBD in OFFICIAL I~CORDS o[ COLLIBR COUNTY, FL
05/28/1999 at 09:36A~ D~ISHT B. BROCK, CLBRK
RBC HI 6.00
Re~n: COP[N 1.00
.CLn[ To ?HB BOARDHAY 5 1999
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
William R Doster ET UX
P O Box 164
Birdon Rd
Ochopee FL 339430000
The Lien was recorded on the lgh day of September, 1994, in Official Record Book
1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier
County, State of Florida. The Lien secures the principal sum of One Hundred Dollars
and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier County, Florida,
described as follows:
9 52 30 S 100FT OF N 400FT OF S3/4 OF E1/2 OF E1/2 OF NE1/4,
LESS E 100FT 1.28 AC OR 873 PG 1465
Folio No. 01141560000
Project No. 61000
Account No. 22907
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in
the official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Flodda, acting through its Chairwoman, directs ex,.~e~i~}.9 and recording of this
t,_ S.~atisfaction of Lien, by action of the Board this ~-v-,,. day of
1999.
.~' /~ Approveo asto~torm.
/~]e.ncy
/
BOARD OF COUNTY COMMISSIONERSx
May 25, 1999
Item #16D5
RESOLUTION 99-244 RE THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL
ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT OF LIENS ARE
SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL
SERVICES SPECIAL ASSESSMENTS
Page 130
CLSRK TO TH! BOARD RBCORDBD in the OFFICIAL RBCORDS of COLLIER COUNTY, FL NBC FB!
IH?BROF~IC! 47H FLOOR 05/28/1999 at 09:28AJ( D¥IGHT B. BROCK, CLBRK COPIIS
SX? 72d0
RESOLUTION NO. 99- ~
6.00
1.00
{999
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL
THE 1993 SOLID WASTE COLLECTION AND DISPOSAL
SERVICES SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of
County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the
recording of notices of liens for the delinquent solid waste collection and disposal services special
assessments for 1993; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that
have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as
amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste
Collection and Disposal Special Assessment for the following accounts numbered below,
subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real
property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto
referencing the accounts identified herein are hereby approved and the Chairwoman is hereby
authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to
record this Resolution and these Satisfactions of Lien individually in the official records of Collier
County:
Account No. 4349
Account No. 10919
Account No. 26000
Account No. 4187
This Resolution adopted this~ay of ~
majority vote.
,1999 after motion, second and
ATTEST,:,: ' ~
D~W..IGHT Ei BR,OCK, CLERK
:.. !: ~- ,,., .... ;:-, ,.
A_.pproveo as ~o ror~;;apo - -
BOARD OF COUNTY COMMISSIONERS
This instrument prepared by:
David C. Weigel
County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 01141560000
*** 2483760 OR: 2552 PG: 1084 **
RSCORDBD in OHICIA& RBCORDS of COL~ISR COUNTT, rL
05/28/1999 at 09:28~ DNI~H? l. BROCk, C~BR[
RBC ~!! 6.00
Re~fl: COPIBS 1.00
CL~RX ?0 ?fi! BOARD
2N?~ROHIC! ~?~ ~LO0~
H? 7240
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
William R Doster ET UX
P O Box 164
Birdon Rd
Ochopee FL 339430000
The Lien was recorded on the 22nd day of September, 1994, in Official Record Book
1987, Pages 1514 through 1749, in the Office of the Clerk of the Cimuit Court of
Collier County, State of Florida. The Lien secures the principal sum of One Hundred
Dollars and Seventy-Four cents ($100.74) plus accrued interest and penalties, if any,
and imposes certain obligations against real property situated in Collier County,
Florida, described as follows:
9 52 30 S 100FT OF N 400FT OF S3/4 OF E1/2 OF E1/2 OF NE1/4,
LESS E 100FT 1.28 AC OR 873 PG 1465
Folio No. 01141560000
Pr~ect No. 63000
Account No. 4349
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in
the official Records of Collier County, Flodda, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairwoman, directs exe. cution and recording of this,
Satisfaction of Lien, by action of the Board this~l~lay of ~::~,~, 1999.
BOARD OF COUNTY COMMISSIONE,E~
COLLI~R~,..OUNTY, FLORIDA · //~
~'PAMELA S. MAC'KIE, CHAIRWOMAN
This instrument prepared by:
David C. Weigel
County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 36376760006
*** 2483761 OR: 2552 PG: 1085 *
RaC0RDID ta OffiCIAl, RaCORDS of C0LLIKR C0UMYY, PI,
05/28/I999 at: 09:28AN DlilOll? a. BROCK, El, IRK
Ran:
CLARK ?0 ?ifa BOARD
IN?aRO~HCl 47ff ~LOOR
aX! 1240
6.00
1.00
MA'/ 5 1999
SATISFACTION,OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
Bradley C Hasselbach
5260 23RD Ave SW
Naples FL 339410000
The Lien was recorded on the 22nd day of September, 1994, in Official Record Book
1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of
Collier County, State of Florida. The Lien secures the principal sum of One Hundred
Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any,
and imposes certain obligations against real property situated in Collier County,
Florida, described as follows:
GOLDEN GATE UNIT6 PART 1 BLK 210 LOT 11 OR 1673 PG I
Folio No. 36376760006
Project No. 63000
Account No. 10919
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in
the official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chaimtoman, directst.~.~e~utio arkan.~d ~?ding of this
Satisfaction of Lien, by action of the Board thi~-'-~ay of I/' 1/~ ,1999.
BOARDO~.E...COUNTY COMMISSIONF_,RS /1 ..~
COLLIEI~ Cq)UNTY, FLORIDA / /
This instrument prepared by:
David C. Weigel
County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 66680240004
*** 2483762 OR: 2552 PG: 1086
RBCORDBD in O~FICIAL RBCORDS of COLLIBR COUNTY, FL
05/28/1999 at 09:28A!( DWIGHT B. BROCK, CLBRK
Retn:
CLBRK ?O ?HR BOARD
XNTBROFFXCB 47H FLOOR
BlT 72&0
RRC FB! 6.00
COPIRS 1.00
1999
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
David M=& Patricia J Crawford
P O Box 724
Ooodland FL 339330000
The Lien was recorded on the 22nd day of September, 1994, in Official Record Book
1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of
Collier County, State of Florida. The Lien secures the principal sum of One Hundred
Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any,
and imposes certain obligations against real property situated in Collier County,
Florida, described as follows:
PETTIT LOT 11 OR 1348 PG 764
Folio No. 66680240004
Project No. 63000
Account No. 26000
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in
the official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairwoman, direct,, _,~,~u. tion and recording of this
Satisfaction of Lien, by action of the Board thi,,~;~__]3ay oft'~_~ 1999.
BOARD OF...C..OUNTY COMMISSIONEtRS /
!
This instrument prepared by:
David C. Weigel
County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 63856600109
*** 2483763 OR: 2552 PG: 1087 *=
RSCOBDBD tn OFFICIAL ~BCORDS of COLLISR COUNTY, FL
05/28/1999 at 09:28AK DWIGHT S. BROCE, CLERIC
RSC ~S! 6,00
Retn: COPIBS 1.00
CLSRK TO TaB BOARD
IN?BROFFZC! 47H FLOOR~¥~ ~ 199§
SI? 724O
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
Samuel J=& Mafia M Gordillo
505 New Market Rd
Immokalee FL 339340000
The Lien was recorded on the 22nd day of September, 1994, in Official Record Book
1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of
Collier County, State of Florida. The Lien secures the principal sum of Fifty One
Dollars and Fifty Cents ($51.50) plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier County, Florida,
described as follows:
NEW MARKET IMMOKALEE BLK 20 LOT 4 OR 1522 PG 2137
Folio No. 63856600109
Project No. 63001
Account No. 4187
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in
the official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs exe.~ti~ ~nd recording of this
of Lien, by action of the Board this day of
,1999.
·
;i~ATTEST!. '~ ~ BOARD OF COUNTY COMMISSIONERS
D~W~I~;~.')'" E. BROCK, Clerk COLLIER COUNt, FLORIDA
~~.,~ .~:.,. / ~A~ [ MAC'KIE, CHAIRWOMAN
rt~pprovea as ~o~ ~
May 25, 1999
Item #16D6
RESOLUTION 99-245 RE THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL
ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE
SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL
SERVICES SPECIAL ASSESSMENTS
Page 131
Retn:
CL~RK fO fHB BOARD
INfBROF?IC! 4fH
72{0
uR: Z )Z F(J: 1075
05/28/1999 at 09:21~ DWIGH? N. BROCK, C~[RX
6.00
1.00
RESOLUTION NO. gg-..Z.45.
NAY 5 1999
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE
1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS.
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of
County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the
recording of notices of liens for the delinquent solid waste collection and disposal services special
assessments for 1994; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that
have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as
amended, the Board recognizes .full payment and receipt of the 1994 Service Year Solid Waste
Collection and Disposal Special Assessment for the following accounts numbered below,
subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real
property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto
referencing the accounts identified herein are hereby approved and the Chairwoman is hereby
authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to
record this Resolution and these Satisfactions of Lien individually in the official records of Collier
County:
Account No. 3418
Account No. 9470
Account No. 13356
Account No. 19826
Account No. 24565
Account No. 27038
Account No. 5788
:,," :* "This Resolution adopted
.? majority vote.
D,w!GHT E. BROCt~,L-CLERK
~~d~a~4'~,~nd '
, 1999 after motion, second and
This instrument prepared by:
David C. Weigel
County Attomey
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
*** 2483752 OR: 2552 PG: 1076 **
INC0RDIq) ill 0~ICIAI, ltJC0RDS 0f C0LLIBR COUNT/, ~L
05/28/1999 at 09:21U( DI~IGHT !. BROCK, CLBRI[
Retn:
CLISK TO TH! BOARD
Il?IROn,lC! 4TH ~LOOR
6.00
i. O0
MAY ? 5 1999
Property Folio No: 01141560000
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
William R Doster ET UX
P O Box 164
Birdon Rd
Ochopee FL 339430000
The Lien was recorded on the 14"' day of September, 1995, in Official Record Book
2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier
County, State of Florida. The Lien secures the principal sum of One Hundred and Four
Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any,
and imposes certain obligations against real property situated in Collier County, Florida,
described as follows:
9 52 30 S 100FT OF N 400FT OF S3/4 OF El/2 OF E1/2 OF NEll4, LESS E
100FT 1.28 AC OR 873 PG 1465
Folio No. 01141560000
Project No. 64000
Account No. 3418
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County
Florida, acting through its Chairwoman, directs execution
Satisfaction of Lien, by action of the Board this
DW.. i{~-I~T~ROCK, Clerk
,'Attest !ms to' Cha, tn~n,m
APproved as to form
,,. an~ legal sufficie(cy'
Commissioners of Collier County,
,~r~~rding of this
_ day of
BOARD OF COUNTY COMMISSIONERS
This instrument prepared by:
David C. Weigel
County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-6400
*** 2483753 OR: 2552 PG: 1077
I~CORDRD in 0F~ICIAL RIiCORDS 0[ C0LI, IliR ¢0UN?Y,
05/28/1999 at: 09:21~ DNIGB'f ]. BROCK, CT, BRK
Retn:
CLRRK 70 ?HR BOARD
7240
RBC F{! 6.00
COFIBS l. O0
MAY 75 1999
Property Folio No: 36376760006
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
Bradley C Hasselbach
5260 23RD Ave SW
Naples FL 339410000
The Lien was recorded on the 14"' day of September, 1995, in Official Record Book
2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier
County, State of Florida. The Lien secures the principal sum of One Hundred and Four
Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any,
and imposes certain obligations against real property situated in Collier County, Florida,
described as follows:
GOLDEN GATE UNIT 6 PART 1 BLK 210 LOT 11 OR 1673 PG 1
Folio No. 36376760006
Project No. 64000
Account No. 9470
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
,~: .APpl-0ved as to,form
~:~nd legal suff'~iency
Florida, acting through its Chairwoman, directs execution ~~rding of this
tion of Lien, by action of the Board this day of
,1999.
This instrument prepared by:
David C. Weigel
County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
*** 2483754 OR: 2552 PG: 1078 **
RBC0RI)BI) tn OFFICIAL RitC0RDS of C0LLI~I{ COl]II?Y, rL
05/28/1999 at 09:21~ Di~IGI{T B. BROCK, CLBRI[
Retn:
CLBBX ?0 ?H!
RBC FBI 6.00
COPZBS 1.00
NIAY 2 5 1999
Property Folio No: 38341600005
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
Dale J Hoover ET AL
5745 14TH Ave SW
Naples FL 339990000
The Lien was recorded on the 14"' day of September, 1995, in Official Record Book
2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier
County, State of Florida. The Lien secures the principal sum of One Hundred and Four
Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any,
and imposes certain obligations against real property situated in Collier County, Florida,
described as follows:
GOLDEN GATE EST UNIT 33 W 105FT OF TR 110 OR 943 PG 1282
Folio No. 38341600005
Project No. 64000
Account No. 13356
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairwoman, directs execution aoj;;~rding of this
ion of Lien, by action of the Board this day of
,1999.
ATTEST~: ~'~,. ; ~ BOARD OF CO. IJNTY COMMISSIONERS . ,
,pWl~¥~OC-'i(,'.Qlerk COL~I~ COUNTY, FLORIDA / /x~' //"
:~'" :'A~I: ' '"' ~''''~'' , // PAMELA S. MAC'KIE,'~HAIRWOI~AN
· Approveo as' TO'l~rh'l
'~.~. and legal sufficte~icy. ·
This instrument prepared by:
David C. Weigel
County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
*** 2483755 OR: 2552 PG: 1079
05/28/1999 at 09:21~ D~IGHT ~. BROCK, CLgR[
Retn:
CLIRR ?0 ?Bi BOARD
IN?HOFFICl 47H FLOOR
7240
6,00
1.00
MAY ? 5 i999
Property Folio No: 61481600000
SATISFACTION OF LIEN
KNOWALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
John=& Dorothy Johnson
1872 Airport Road
Naples FL 339620000
The Lien was recorded on the 14"' day of September, 1995, in Official Record Book
2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier
County, State of Florida. The Lien secures the principal sum of One Hundred and Four
Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any,
and imposes certain obligations against real property situated in Collier County, Florida,
described as follows:
NAPLES BETTER HOMES 1ST ADD BLK 5 LOT 1 OR 1630 PG 1211
Folio No. 61481600000
Project No. 64000
Account No. 19826
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairwoman, directs execution a~r~ording of this
Sat~f~c_tign of Lien, by action of the Board this~ day of
,1999.
I
ATTEST.'.. ~.~' BOARD OF COUNTY COMMISSIONERS
". .... :!:!i;Appr°vea as To, form '
~ :.and legal sufficiency
This instrument prepared by:
David C. Weigel
County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
*** 2483756 OR: 2552 PG: 1080 **
R~CO~DBD in OHI¢IAL RlCORD$ Of COLLII~R COIINTT, FL
05/28/1999 at 09:21~ 91IG~T ~. BROC[, CLBR[
Retn:
CLRR[ TO THI BOARD
IN?IROFFIC! 47N FLOOR
R~C la! ~,00
COPII~ 1.00
? 5 !999
Property Folio No: 66680240004
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
David M=& Patricia J Crawford
P O Box 724
Goodland FL 339330000
The Lien was recorded on the 14t~ day of September, 1995, in Official Record Book
2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier
County, State of Florida. The Lien secures the principal sum of One Hundred and Four
Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any,
and imposes certain obligations against real property situated in Collier County, Florida,
described as follows:
PET'I'IT LOT 11 OR 1348 PG 764
Folio No. 66680240004
Project No. 64000
Account No. 24565
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners
Florida, acting through its Chairwoman, directs execution aja,d_LrgRording of
S~ct. ion of Lien, by action of the Board this~'* day
,1999.
' ATT~;?? ~' :', BOARD OF Co~U,UNTY COMMISSIONERS /
.oDWIGI~¥~OCK, Clerk CO. ELIER.C.OUNTY, FLORIDA, /,,,
~¢,~!~nd~legal suffidencY
of Collier County,
this
of
This instrument prepared by:
David C. Weigel
County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
*** 2483757 OR: 2552 PG: 1081
BBC01~DID hi 0~lCIAI, RlC01~S of C0u, IBI~, C0UliTT,
Retn:
CLBR[ ?0 ?HB BOAP, D
IN?BROHIC! 47H YLOOR
BIT 724O
RBC FSB 6.00
COPZBS I. 00
NAY 2 5 199
Property Folio No: 74412280004
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
Tim S Porter
3505 Okechobee St
Naples FL 339620000
The Lien was recorded on the 14~ day of September, 1995, in Official Record Book
2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier
County, State of Florida. The Lien secures the principal sum of One Hundred and Four
Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any,
and imposes certain obligations against real property situated in Collier County, Florida,
described as follows:
SOUTH TAMIAMI HGTS BLK D LOT 7 OR 1623 PG 987
Folio No. 74412280004
Project No. 64000
Account No. 27038
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairwoman, directs execution a.13d. ~rding of this
ion of Lien, by action of the Board this day of
,1999.
I
.." .AT"r~,ES~, ':..? BOARD OF COUNTY COMMISSIONERS ,, /
~,. '~6d. legal sufficiency
.. ,.~y ~ ~ ~ ,
This instrument prepared by:
David C. Weigel
County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
*** 2483758 OR: 2552 PG: 1082 **
RDCORDRD in OFfiCIAL RSCORDS oF COLLTRR COUFt'T, FL
05/28/1999 at 09:21AK DN[GHT B. BROC[, CLBRK
Retn:
CLBRX TO ?HR BOARD
IN?BROFFIC! 47H FLOOR
BXT ~240
IIBC Fl! 6.00
COFIBS 1.00
Property Folio No. 63856600109
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
Samuel J=& Maria M Gordillo
505 New Market Rd
Immokalee FL 339340000
The Lien was recorded on the 14'" day of September, 1995, in Official Record Book
2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of
Collier County, State of Florida. The Lien secures the principal sum of Fifty-Three
Dollars and Thirty-Six Cents ($53.36) plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier County, Florida,
described as follows:
NEW MARKET IMMOKALEE BLK 20 LOT 4 OR 1522 PG 2137
Folio No. 63856600109
Project No. 64001
Account No. 5788
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in
the official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Flodda, acting through its Chairman, directs exe_cqti~n and r~c~r_ding of this
Satisfaction of Lien, by action of the Board this(~y of ~' jl' Jf..Jy
1999.
ATTEST: ~ BOARD OF COUNTY COMMISSIONERS
DW~I~,~,.BROCK, Clerk C~IJ.~ER C~_~OUNTY, FLORIDA ·
~/PAMELA S. MAC'KIE, CHAIRWO/M'AN
May 25, 1999
Item #16D7
AWARD RFP #99-2907, PROPERTY AND CASUALTY INSURANCE BROKERAGE SERVICES
TO INSURANCE AND RISK MANAGEMENT SERVICES, INC. WITH THE EXCEPTION OF
AIRCRAFT INSURANCE AND AIRPORT LIABILITY INSURANCE WHICH WILL BE
MANAGED UNDER AN AGENT OF RECORD LETTER THROUGH NATION AIR INSURANCE
AGENCY, INC.
Item #16D8
BUDGET AMENDMENT TO APPROPRIATE THE MAINTENANCE SERVICE REVENUES FOR
REIMBURSEMENT OF OPERATING EXPENSES IN THE AMOUNT OF $34,000.00
Item #16D9
MEMORANDUM OF UNDERSTANDING WITH THE WORKFORCE COUNCIL OF SOUTHWEST
FLORIDA FOR A SUMMER YOUTH PROGRAM BETWEEN THE AGES OF 14 AND 21 FROM
MID-JUNE THROUGH MID-AUGUST, 1999
Page 132
MEMORANDUM OF UNDERSTANDING ,
BETWEEN '
THE JTPA PROGRAM ADMINISTRATOR
AND
THE PUBLIC OR NON-PROFIT EMPLOYER
This Memorandum of Understanding is entered into thi day o~'~C']~ 1999, between
!
hereafter referred to as the Agency and/or Works~te, and
the Workforce Council of Southwest Florida. Inc. hereafter referred to as the Program Administrator
and Employer. It is understood by all parties that this Memorandum of Understanding relates to
Employment, Training, and Sen'ices to be provided relating to the Summer Youth Employment and
Training Program which is authorized under the Job Training Partnership Act of 1983.
MAY ? ,5 1999
It is understood that the Employer is either a governmental agency or a private non-profit
organization, free of discrimination because of race, sex, age, creed, color, religion, or political
affiliation, and that participants in the program Mil not be employed on the construction, operation,
or maintenance of any facility as is used or to be used for sectarian instruction, as a place for
religious worship, or for partisan or political purposes.
Participants will not be used for the advantage of any private individual or private-for-profit agency,
but will be provided useful work experience which will be consistent with each participant's
capabilities and interests and which will assist these youth to. obtain future unsubsidized
employment. It is agreed that such work experience will be conducted in a safe and sanitary working
environment.
In addition, it is understood that unexcused absences for JTPA participants will be handled pursuant
to policies and procedures of the Program Administrator.
The Worksite agrees:
To provide the Program Administrator one complete "Statement of Work" for each
Worksite of the Agency utilizing Summer Youith participants. All Supervisors must
be listed. The Statement(s) of work are subject to monitoring review.
To provide meaningful and productive work for a maximum of participants on
a scheduled work plan with the understanding that the Supervisor/Participant ratio
will be at least one (1) supervisor to every ten (10) participants who are enrolled in
the Summer Youth Employment and Training Program (SYETP).
· 19l~morandum of Understanding
T0furnish the equipment, tools, materials, and supplies that a~e necessary for the
work being performed by the Summer Youth participant(s).
'4.
To cooperate fully with the Monitoring Unit of the Program Administrator's office,
· 'by maintaining current and accurate time and attendance records as well as a list of
current Work.site activities, and by allOwing access to same at the request of the
Program Administrator's representative for the purposes Of monitoring of the
Worksite, counseling of the participants, and coordinating other work activities.
To maintain accurate time and attendance records on each participant reflecting the
time actually worked by each participant. Insure that the participants are not allowed
to handle the time and attendance records. These records must be filled out in ink and
signed in ink at the end of each pay period by the participant and the supervisor as
certification to their accuracy. The participant cannot sign for the supervisor nor the
supervisor for the participant. Time and attendance records will be picked up every
other Friday by a staff member of the Program Administrator.
To provide reasonable regulations for the attendance and continued good work habits
of the p _attic!pan. ts. Develop adequate policies, procedures, and controls to ensure that
no participant receives any ~'pe of remuneration for unexcused absences, unworked
hours, or participati6fi in recreational or educational activities. Participants can only
be paid for hours worked.
7. To assure that sufficient work is available to occupy each participant.
To develop adequate coordination with the Program Administrator to allow sufficient
opportunities to implement appropriate contingency activities in the event of
inclement weather.
To provide a job description of each position that will be filled by Summer Youth
participants.
10.
To provide an experienced Supervisor(s) tO the participants without compensation
from the pro.am.
l~l~morandum of Understanding
MAY ? 5 'B99
11.
12.
To contract the Program Administrator prior to the release of a partm~pant from the
Worksite or immediately after notice of termination by a participant so that this
agreement may be modified.
· Insure that supervisors understand that on-the-job injuries to participants MUST be
reported to the Program Administrator'S office IMMEDIATELY.
13.
To assure that no participant will be allowed to work more than 40 hours per week.
The AgencyAVorksite will be liable for payment of the excess hours. Participants
aged 14 and 15 must not work more than eight (8) hours per day.
14.
To assure that participants aged 14-17 MUST have a thirty (30) minute break after
working four (4) consecutive hours. Failure to comply with the Child Labor Laws
could result in fines being levied.
15.
To assure, pursuant to the Fair Labor Standards Act, that no participant under 18
years of age will be employed in any occupation found by the Secretary of the United
States Department of Labor to be particularly hazardous for individuals between 16
and 18 y~ears of.age (Subpart E of Part 570 of Title 29).
16.
To provide each Sup-e-rvisor whose name appears on the "Statement of Work" a copy
of the complete Memorandum of Understanding. Sul~ervisors will be expected to
understand the contents of this agreement and are subject to being monitored.
17.
To adhere to the rules and regulations governing the Summer Youth Employment and
Training Program.
The Program Administrator agrees to provide remuneration to the participants by
check every other Friday. The checks will be distributed by the Program
Administrator's staff. Participants MUST sign for their check on receipt.
This Memorandum of Understanding shall be effective from the date it is signed until the
termination of the Summer Program or unless terminated by either party provided the canceling
party gives at least five (5) days advance notice.
3
9-2~-1996 2~36AM FROM
vlemorandum of Understanding
Board of Commissioner~
oTPrint)..
Mae'Ki¢
'" Pamela S. Ma¢'Ki~
MAY ? 5 1999
Title
~ddross
Telephone Number
sIGNATIiRE. PAGE
Representative
(Ty~ or Print)
Re x~entativo
(Si:,,naturo)
Title
Address
Workforce Council of Southwest Florida, In~. t
(Type or Print)
. Telephone Numb,r
Woxkfome Council of Southwest Florid:t, Inc.
JTPA Program Administrator
f'"Rq>rescnta{i~
May 25, 1999
Item #16D10
INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AS IT
RELATES TO THE SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM FOR REGION 24
Page 133
WORKFORCE INVESTMENT ACT
INTERLOCAL AGREEMENT
FOR THE
SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM
This Agreement is made and entered into between the Boards of County Commissioners for
Charlotte, Collier, Glades, Hendry, and Lee Counties, political subdivisions of the State of Florida,
for continuation of the Southwest Florida Job Training Consortium.
WITNESSETH:
WHEREAS, the Workforce Invesmaent Act of 1998, hereinafter referred to as the Act,
Federal Public Law 105-220, replaces the Job Training Partnership Act as amended in 1996, and
restructures a multitude ofworkforce development programs into an integrated workforce investment
system and authorizes the expenditure of federal funds for allowable services and activities in local
workforce investment (development) areas;
WHEREAS, the counties of Charlotte, Collier, Glades, Hendry, and Lee were designated by
the Governor of the State of Florida, as recommended by the Jobs and Education Partnership in
1996, to form a five county workforce development area, Region 24, and this designation has been
automatically approved by the em-rent Governor to continue under the Workforce Investment Act;
WHEREAS, the five participating counties had previously entered into an interlocal
agreement in 1996 creating the Southwest Florida Job Training Consortium and had entered into
agreement with a Private Industry Council acting as grant recipient and administrative entity until
such time as the Southwest Florida Workforce Development Board, Inc. was formed, and continued
under that agreement;
WHERF_a~, the Region 24 Workforce Investment Area is required to submit a Workforce
Investment Act [a~an pursuant to Section 118 of the Act;
NOW 'I7-IEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
I. Continuatioa of the Southwest Job Training Consortium.
Ao
By virtue of the earlier Interlocal Agreement, the participating five counties agree to
accept the Governor's designation of the five county local area as Workforce
Investment Area Region 24 for purposes of programs promulgated under the Act;
By virtue of the earlier Interlocal Agreement, the five counties agree to continue the
Southwest Florida Job Training Consortium (the "Consortium") which is composed
Page 1 of 9
1999
II
of the Chief Local Elected Official (Chair) from each of the participating County
Commissions, or a designee, who shall be an elected County Commissioner. These
five Chairs will elect one member of the Consortium to serve as Chair of the
Consortium. This position may then rotate each year according to procedures
developed by the Consortium.
Authority and Responsibilities of the Southwest Florida Job Training Consortium.
Ao
Section 117, 118, and 121 of the Workforce Investment Act is hereby incorporated
within this Agreement as if set out herein.
The Consortium shall request any change in the number of local board members of
the Southwest Florida Workforce Development Board, Inc. that will represent each
county, identify which sector they will represent, identify the length of term, and
request certification from the Governor should any changes to the current
representation be required, ensuring that 51% of the membership represent the
private sector.
Co
Each County Chair, or designee Commissioner, shall be responsible for making
his/her County's private sector appointments, in accordance with the Act, to the
Board for the participating counties. The nomination process for these appointments
must adhere to the following criteria:
Representatives of business in the local area who are owners of businesses,
chief executives or operating officers of business, and other business
executives or employers with optimum policymaking or hiring authority;
Representatives of businesses with employment oppommities that reflect the
employment opportunities of the local area; and
Representatives are appointed from among individuals nominated by local
business organizations and business trade associations.
E. l~he nomination process for these private sector appointments shall be as follows:
¸,
Private sector representatives shall be selected from among individual
nominated by general purpose business organizations after consulting with
and receiving recommendations from other business organizations in the
workforce development region.
General purpose business organizations are defined' as those organizations
which admit to membership any for-profit business operating with the
workforce development region, or any entity that represents or serves as an
maabrella organization that includes membership from for-profit businesses.
Such nominations, and the individuals selected from such nominations, shall
rea~sonably represent the industrial and demographic composition of the
Page 2 of 9
5 '1999
business community.
The Chair of the Southwest Florida Workforce Development Board, Inc. is
selected from the private-for-profit sector.
Fo
Ensure through its appointments that the Southwest Florida Workforce Development
Board include required public sector representatives, as required under the Act and
State of Florida definitions, regardless of County, with optimum policymaking
authority within the organizations, agencies, or entities:
Representatives of local educational entities, including local educational
agencies, local school boards, entities providing adult education and literacy
activities, and postsecondary educational institutions (including
representatives of community colleges, where such entities exist), selected
from among individuals nominated by regional or local educational agencies,
institutions, or organizations representing such local educational entities;
Representatives of labor organizations, nominated by local labor federations,
or (for a local area in which no employees are represented by such
organizations), other representatives of employees;
Representatives of community-based organizations (including organizations
representing individuals with disabilities and veterans, for a local area in
which such organizations are present);
Representatives of economic development agencies;
Representatives of each of the one-stop partners; and
May include such other individuals or representatives of entities as the chief
elected official(s) in the local area may determine to be appropriate.
Go
Share with the Southwest Florida Workforce Development Board the responsibility
get the following:
approval of the Workforce Investment Act plan which shall be prepared for
the Region by the designated administrative entity, and provided to the
Workforce Development Board and the Consortium for joint approval.
approval of the local Workforce Development Board budget submitted with
the plan;
· oversight of activities and services including designation, certification, or
termination of One Stop Operators.
appointment of Youth Council members in coordination with the Workforce
Development Board's Chair which shall include:
· members of the Workforce Development Board with special interest
or expertise in youth policy;
· representatives of youth service agencies, including juvenile justice
and local law enforcement agencies;
representatives of public housing authorities;
· parents of eligible youth seeking training assistance;
Page 3 of 9
1999
individuals, including former participants, and representatives of
organizations that have experience relating to youth activities;
representatives of the Job Corps; and
other individuals as the Chair of the Workforce Development Board
in cooperation with the Chief Elected Official determines
appropriate.
Terms of Agreement.
Ao
None of the parties hereto shall be liable for any claims, damages, injuries, loses or
expenses arising out of or resulting from any act, omission, or negligence of the
others, their officers, employees or agents, related to the parties' respective
authorities and responsibilities under this Agreement.
The terms of the Agreement shall commence on or retroactively to the 1st day of
July, 1999, and shall run through June 30, 2000, and thereafter Shall automatically
be renewed for the dates of each five-year Workforce Investment Plan, unless any
party notifies the others of its intention not to renew at least 90 days prior to the
expiration of the original term or any five-year renewal term.
Upon proper execution, and as of July 1, 1999, the Agreement shall be legally valid
and binding, and supersedes other agreements of the Southwest Florida Job Training
Consortium. This Agreement shall be recorded in the public records of the counties
of Charlotte, Collier, Glades, Hendry, and Lee.
This Agreement may be amended or modified upon the written request of any party
hereto. Any alterations, amendments, modification or waivers in the terms and
conditions of this Agreement shall not be effective unless reduced to writing,
approved by all parties, signed by their duly authorized representatives and filed with
the Clerks of the Circuit Courts of the participating counties.
IN V~STNESS WHEREOF, the parties have executed this Agreement as indicated on the
attached pages.
Page 4 of 9
PASSED AND DULY ADOPTED THIS
BOARD OF COUNTY COMMISSIONERS
OF CHARLOTTE COUNTY, FLORIDA
Signature of CHAIR OR COMMISSIONER DESI.qNEE
Mac V. Horton, Chairman
Attest:
By:
Attest:
of t~ ~ ~t a~
Ex-Off~ ~rk,to the
uoarO of O~ty~s~s
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
Renee Francis Lee
County Attorney
Page 5 of 9
PASSED AND DULY ADOPTED THIS
DAY O~~L~, 1999.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
~y: ~~~~-~ ~
Page 6 of 9
PASSED AND DULY ADOPTED THIS
DAY OF t0/oFi / , 1999.
BOARD OF COUNTY COMMISSIONERS
OF GLADES COUNTY, FLORIDA
Attest:
Sign~~YCHAIR O~COMMISSIONER DESIGNEE
APPROVED AS TO FORM AND LEGAL
Page 7 of 9
PASSED AND DULY ADOPTED THIS
//'7"A-- DAY OF ?r~.~ ,1999.
BOARD OF COUNTY COMMISSIONERS
OF HENDRY COUNTY, FLORIDA
Signature of CHAIR OR COMgtlSSIONER DESIGNEE
Attest:
Christine Pratt: Clerk of Courts
By:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
Page 8 of 9
PASSED AND DULY ADOPTED THIS
DAY OF aunt. . ,1999.
BOARD OF COUNTY COMMISSIONERS
OF LEE COUNTY, FLORIDA
Signature of CHAII~(~OMMISSIONER DESIGNEE
Attest:
Charl[e C, ro.'en, Ex- Officio
L~oard ~f,.C,.OU,n?y C.:~rnmi,~sio~]ers
".~;.~ '~,
Y: DEPUTY,
- /,/',.;,;...,. ,.,
' ,.x~ iii ~l
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY /
By: ,~ '~/~
Coun~ Attorney's Office
Page 9 of 9
May 25, 1999
Item #16Dll
BUDGET AMENDMENTS FOR THE EMERGENCY WATER REPAIR TO THE MAIN
GOVERNMENT COMPLEX WATER SYSTEM IN THE AMOUNT OF $116,200.00
Item #16E1
BUDGET AMENDMENTS NO. 99-256 AND NO. 99-264
Item #16E2
RESOLUTION 99-246 RE THE BORROWING OF AN AMOUNT NOT TO EXCEED
$6,500,00.00 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 ACQUISITION, CONSTRUCTION AND EQUIPPING OF AN
ADMINISTRATIVE BUILDING FOR THE COLLIER COUNTY SHERIFF'S DEPARTMENT;
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
Page 134
RESOLUTION NO. 99-246
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE BORROWING OF NOT EXCEEDING
$6,500,000 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 ACQUISITION, CONSTRUCTION AND
EQUIPPING OF AN ADMINISTRATIVE BUILDING FOR
THE SHERIFF'S DEPARTMENT; 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.
HAY 2 5 1999
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.
FlAY 2 5 1999
"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 Administrator" means the County Administrator of the County 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 Date" has the meaning set forth in the Loan Agreement.
"Finance Director" means the Director of Finance and Accounting and such other
person as may be duly authorized to act on his or her behalf.
"Loan No. A-11-1" means the Loan designated as "Loan No. A-11-1" the proceeds
of which are to be used to finance Project A-11.
"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 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
2
HAY 2 5 1999
the Loan Agreement and all other payments, including Additional Payments, payable by the
County pursuant to the provisions of the Loan Agreement.
"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-11" means the costs and expenses relating to the acquisition, construction
and equipping of an administrative building for the Sheriffs department, as the same may be
amended or modified from time to time, all as more particularly described in the plans and
specifications on file with the County.
"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
County, desiring to finance and refinance the cost of acquiring, constructing and equipping
capital improvements and to fmance and refinance other governmental needs.
(B) In furtherance of thc 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 thc 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 refmance the cost of
acquisition, construction and equipping of capital improvements.
(D) There is presently a need by the county to fmance Project A-11 and the most
cost-effective means by which to f'mance Project A-11 is by the use of moneys obtained
pursuant to the Program by means of the Loan.
(E) The County hereby determines that the provision of funds by the Commission
to the County in the form of Loan No. A- 11-1 pursuant to the terms of the Loan Agreement
and the financing of Project A-11 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- 11- l shall be repaid solely fi'om 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.
SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No. A-
l 1-1 in the aggregate amount of not exceeding $6,500,000 for the purpose of providing the
County with sufficient funds to finance Project A-11. The Chairman and the Clerk are
hereby authorized to execute, seal and deliver on behaff of the County a Loan Note or Notes
with respect to Loan No. A-11-1 and other documents, instruments, agreements and
certificates necessary or desirable to effectuate Loan No. A-I 1-1 as provided in the Loan
Agreement. The Loan Note or Notes with respect to Loan No. A-11-1 shall reflect the terms
4
HAY 2 5 1999
of such Loan and shall be substantially in the form attached to the Loan Agreement as
Exhibit I. The Finance Director shall make the Draw Request or Requests with respect to
Loan No. A- 11-1 in accordance with the terms of the Loan Agreement at such time as shall
be determined by the Finance Director as appropriate to finance Project A-11 and is
permitted by the Loan Agreement. Loan No. A-11-1 shall mature and be repaid in such
manor as the Finance Director and the Commission shall determine prior to the issuance of
any Loan Note with respect to Loan No. A-11-1 so long as the final maturity of such Loan
Note shall not be longer than the expiration date of the Credit Facility. Loan No. A- 11-1
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-11-1 shall be 30 basis
points or such other amount as First Union National Bank and the Finance Director shall
agree.
SECTION 5. AUTHORIZATION OF PROJECT A-11. The County does hereby
authorize the acquisition and construction of Project A-11.
SECTION 6. SECURITY FOR THE LOAN. The County's obligation to repay
Loan No. A- 11-1 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-I 1-1 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. GENERAL AUTHORITY. The members of the Board and the
officers, attorneys and other agents or employees of the County are hereby authorized to do
all acts and things required of them by this Resolution and the Loan Agreement, or desirable
or consistent with the requirements of this Resolution and the Loan Agreement, for the full
punctual and complete performance of all the terms, covenants and agreements contained in
this Resolution and the Loan Agreement, and each member, employee, attorney and officer
of the County or its Board is hereby authorized and directed to execute and deliver any and
all papers and instruments and to do and cause to be done any and all acts and things
necessary or proper for carrying out the transactions contemplated by this Resolution and the
Loan Agreement.
SECTION 8. 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
f4AY 5 W99
covenants, agreements or provisions and shall in no way affect the validity of any of the
other provisions hereof.
SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions
or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such
conflict.
SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately
upon its adoption.
DULY ADOPTED this 25th day of May, 1999.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
(SEAL)
By:
PAMELA S. MAC'KIE, CHAIRWOMAN
County Attorney
6
May 25, 1999
Item #16G1
BUDGET AMENDMENT TO PAY FOR IMPACT FEE COLLECTION COST PAYABLE TO
BUILDING REVIEW AND PERMITTING
Item #16G2
AN AGREEMENT TO PROVIDE FOR A MAXIMUM EXPENDITURE OF $50,000.00 FROM
THE GAC LAND TRUST TO PURCHASE LAND AND TO INITIATE THE DESIGN OF AN
EMS AND FUTURE SHERIFF'S OFFICE SUBSTATION TO BE LOCATED WITHIN GOLDEN
GATE ESTATES
Page 135
MAY 5 1999
THIS AGREEMENT made this~ay of_j~)~~, 1999 between COLLIER
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF
COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND
TRUST, (hereinafter referred to as "Trustee"), whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA, (hereinafter referred to as the "County"), whose mailing address is 3301 Tamiami Trail
East, Naples, Florida 34112.
WHEREAS, Trustee has acquired 1,061.5 acres located in Collier County, Florida
(hereinafter referred to as "Property"), from Avatar Properties Inc. f/k/a GAC Properties Inc. in
accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier
County, (hereinafter referred to as the "1983 Agreement"); and
WHEREAS, pursuant to the 1983 Agreement, the Property deeded to Trustee and/or the
monetary proceeds acquired from the subsequent sale of said Property are to be used to provide
governmental facilities within and for the geographical area known as "Golden Gate Estates"; and
WHEREAS, Trustee currently has funds derived from the use and/or sale of a portion of the
above-described Property; and
WHEREAS, County is requesting Trustee purchase that property described as the North 1/2
of Tract 51, GOLDEN GATE ESTATES, Unit No. 9, according to the plat thereof, as recorded in Plat
Book 4, Pages 99 and 100, of the Public Records of Collier County, Florida (hereinafter referred to
as "Land") and to utilize funds from the GAC Land Trust to initiate the design and engineering of an
emergency medical services and future Sheriff's Office facility which shall be constructed on the
aforementioned Land located within "Golden Gate Estates"; and
WHEREAS, Trustee has determined that County's request is in accordance with the intent of
the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by
providing funds for land acquisition, design and engineering required to construct an emergency
medical services and future Sheriff's Office facility (hereinafter referred to as "Facility").
WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated May 10,
1999, approving the use of funds derived from the sale of Property to acquire the Land and to fund
a portion of the design and engineering (hereinafter referred to as "Design") for the Facility within
"Golden Gate Estates".
WHEREAS, the County intends to initiate the Design of the Facility upon execution of this
Agreement.
NOW THEREFORE, in consideration of the above premises which are incorporated within
and made part of this Agreement, and in further consideration of the mutual covenants set forth
below, and other good and valuable consideration, acknowledged by the parties to be sufficient, just
and adequate, the parties hereto do agree as follows:
1. Trustee hereby agrees to contribute a maximum of Fifty Thousand and No/100
Dollars ($50,000.00) of the total funds to be expended by the County for purposes hereinafter
stated, (hereinafter referred to as the "Funds"), for purposes of initiating the Design of the Facility
and acquiring the Land in accordance with the terms and conditions of this Agreement, provided
said Funds are to be used solely for the Design of the Facility and the acquisition of the Land.
2. The County agrees and warrants that the Funds will be used solely for said Land
acquisition and Design needed to provide an adequate Facility to serve the public.
3. The County hereby agrees that the acquisition of Land and Design of the Facility
shall be in accordance with all applicable bidding or other requirements for the procurement of
property and services as set forth in Chapter 287, Florida Statutes, and such other statutory
provisions as may be applicable.
4. Payment of the Funds to the County for the Property and Facility shall be in
accordance with the following:
(1) All Land costs shall be withdrawn directly from Fund 605, GAC Land Trust, and
shall be administered by the Real Property Management Department.
' ' MAY 2 5 1999
(2) The Trustee shall make available those remaining Funds ($50,000 less any and
all Land and associated costs) for the Design upon County's acceptance of a design consultant or
firm to provide such services as required herein. Said payment(s) shall be made within thirty (30)
days of receipt of appropriate verification as stated below by the Trustee, with copy to the Real
Property Management Department Director, of said verification.
A. The County, or its designee, shall: (a) provide the Real Property Management
Department Director, copies of all invoices, purchase orders, checks or other documentation which
evidence the expenditures by the County of the Funds used for Design. Said documentation shall
clearly state the purposes of said expenditure. Payments(s) shall be approved upon satisfactory
review by the Real Property Management Department Director and shall be made payable directly
to the appropriate vendor.
B. Upon completion of the Design of the Facility, the County or its designee shall (1)
promptly forward a letter to the Trustee stating that all moneys from the GAC Land Trust have been
used for the purposes of initiating the Design of the Facility in Golden Gate Estates and that all
payments have been disbursed in accordance with the Agreement; and (2) refund to Trustee any
and all Funds, or any portion thereof, not utilized for said Land and Design shall be deposited
directly into the GAC Land Trust Fund 605.
C. The Land shall be utilized by the County for an emergency medical services and future
Sheriff's Office facility. In the event that the Land is not utilized by the County for an emergency
medical services or a future Sheriff's Office facility, it is understood and agreed by the parties that
the Land shall revert to the GAC Land Trust and any Funds provided for the Design shall be
refunded and repaid to Trustee, within thirty (30) days, and shall be deposited directly into the GAC
Land Trust Fund 605.
D. The County covenants and agrees that upon the payment of all or any portion from the
Funds in accordance with the obligation contained in this Agreement it shall be the further obligation
of the County to pay any remaining balance required to complete the construction of the Facility.
E. All Funds requested, in accordance with this paragraph shall be disbursed within twelve
(12) months of the execution of this Agreement by both parties. In the event that the Design is not
completed by the County within twelve (12) months from the execution of this Agreement, it is
understood and agreed by the parties that the County shall refund or repay to Trustee, within thirty
(30) days, any and all Funds which have been provided to the County pursuant to the provisions of
the 1983 Agreement.
5. County agrees to protect, defend, indemnify and hold the Trustee harmless from any
and all claims, actions, causes of action or liabilities including attorney's fees and costs arising from
or in any way connected with the use of the Funds or the selection, purchase, delivery or installation
or use of the Facility by the County, its agents, employees, or in any way related to the Facility by
the County, its agents, employees or any third party.
6. The County understands and agrees that the Funds to be provided to Collier County in
accordance with the terms of this Agreement have been derived from and are being provided solely
for the sale and/or use of a portion of the Property conveyed to Collier County pursuant to the 1983
Agreement administered and managed by the County for the GAC Land Trust and that such Funds
are currently in Fund 605-122390 (The GAC Trust Land Sales Fund).
7. The County agrees that following construction of the Facility, the site shall be used
primarily for servicing the geographical area commonly known as "Golden Gate Estates".
8. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
9. Any notice required by this Agreement shall be addressed to the parties at the address
set forth below:
IF TO THE COUNTY:
Collier County
c/o Emergency Medical Services Department
Building "H"
3301 Tamiami Trail East
Naples, Florida 34112
IF TO THE TRUSTEE:
Collier County
c/o Real Property Management Department
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Af,4y 2 $1999
10. This Agreement represents the entire Agreement between the parties, and no promise,
representation, warranty or covenant not included in this Agreement or any such referenced
agreements has been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed and dated by both
parties.
IN WITNESS WHEREOF, Trustee and County have caused this Agreement to be duly executed on
the day and year first above written.
AS TO TRUSTEE:
DATED!' ~
ATTEST:
DWI G HT~E:F-B,~OCt~;;~CIorE
~-EP~JTY CLERK
Attest as to Chatrm~'$
COLLIER COUNTY, a POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA, BY ITS BOARD OF COUNTY
COMMISSIONERS, ACTING IN THEIR CAPACITY AS
TRUSTEE OF THE GAC LAND TRUST /
~-,'PAMELA S. MAC'KIE, Chairwor~an
/
AS TO COUNTY:
D',~TED~ ~',r~ ~--~
ATT~'S~ ,:/'
DWIGHT E.J~OCK, Clerk
.DEPUTY CLERK
Attest ~s to
Approved as to form and
lega~ sufficiency:
H~idi F. Ashtoh
Assistant County Attorney
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA
PURCHASE AGREEMENT
HAY '2 5 1999
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by and between JUAN A, REYES, (hereinafter referred to as "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors ~nd assigns (hereinafter referred
to as "Purchaser");
WHEREAS, Purchaser requires a fee estate in that land (hereinafter referred to as the "Property"),
located in Collier County, State of Florida, and being more particularly described as follows, to wit:
The North ½ of Tract 51, 'GOLDEN GATE ESTATES, Unit No. 9,
according to the plat thereof, as recorded in Plat Book 4, Pages 99
and 100, of the Public Records of Collier County, Florida.
WHEREAS, Owner desires to convey the Property to Purchaser on the terms and conditions set
forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property;
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:
Owner shall convey the Property to Purchaser by Warranty Deed for the sum of $35,600.00,
payable by County Warrant (said transaction hereinafter referred to as the "Closing").
Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Property, the execution of such instruments which will remove or release such
encumbrances from the Property upon their recording in the public records of Collier County,
Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the
date of Closing.
This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur
within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that
Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of
such instruments, properly executed, which either remove or release any and all such liens,
encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing,
Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance
instrument to Purchaser in a form acceptable to Purchaser.
Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or
premises other than those so stated above; and the 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.
Owner is aware and understands that the "offer" to purchase represented by this Agreement is
subject to acceptance and approval by the Board of County Commissioners of Collier County,
Florida.
Owner represents that the Property and all uses of the 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 except as specifically
disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law
violation on any property contiguous to or in the vicinity of the Property 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, b) any existing or threatened environmental lien against the Property or c) any lawsuit,
proceeding or investigation regarding the generation, storage, treatment, spill or transfer of
hazardous substances on the Property. This provision shall survive Closing and is not deemed
satisfied by conveyance of title.
Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to
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
Owner's representation under Section 6. This provision shall survive Closing and is not deemed
satisfied by conveyance of title.
Purchase Agreement
Page 2
o
o
10.
11.
The Purchaser shall pay for all costs of recording the conveyance instrument and recording costs
for any curative instruments in the Public Records of Collier County, Florida. Purchaser shall be
responsible for paying any costs and/or fees associated with securing from mortgagee(s), and
recording in the Public Records of Collier County, Florida, such full or partial release(s) or
satisfaction(s) as are necessary to convey a clear and marketable title to the Property. All other
costs associated with this transaction including but not limited to transfer, documentary and
intangible taxes, shall be borne and paid by Owner.
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.
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, 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 Purchaser, 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.)
This Agreement is governed and construed in accordance with the laws of the State of Florida.
WITNESS
·
WHEREOF, the parties hereto have executed this Agreement on thisq::,~'~'"day of
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGH~/~OC~.er.k
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
I"AMIC. LA ~. MAI.;'I~It', ~nt~lrwoman
I
AS TO OWNER:
DATED:
Witness (Sighature)
Name: ~J~,~ ~
/ ~itne~
Name:
Print or Type)
;91"gnature) .
G rc( ,,
Print or Type)
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
May 25, 1999
Item #16G3
CREATION OF TEAM COLLIER 2000 TASK FORCE TO COORDINATE Y2K ACTIVITIES
THROUGHOUT COLLIER COUNTY
Item #16H1
MISCELLANEOUS CORRESPONDENCE
FILED AND/OR REFERRED
The following miscellaneous correspondence as presented by the
BCC has been directed to the various departments as indicated:
Page 136
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
MAY 25, 1999
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter
136.06(1), the disbursements for the Board of County Commissioners for the period:
A. April 26 - 30, 1999
B. May 3-7, 1999
3. Districts:
Ao
Collier Soil and Water Conservation District - Agendas of April 7, 1999 and
May 5, 1999 and minutes of March 17, 1999 and April 7, 1999 meetings
Lely Community Development District - General Purpose Financial Statements
September 30, 1998; Local Government Annual Financial Report; Description of
Outstanding Bonds; and Budget for 1998
4. Minutes:
A. Historical/Archaeological Preservation Board - Agenda of April 16, 1999
B. Public Vehicle Advisory Committee - Minutes of January 5, 1999 meeting
Emergency Medical Services Advisory Council - April 28, 1999 meeting
notification
Historical/Archaeological Preservation Board - Minutes of March 12, 1999
meeting
Collier County Water and Wastewater (Utility) Authority - Minutes of
January 25, 1999 meeting
Board of Building Adjustments and Appeals - Minutes (abbreviated) of
April 7, 1999 meeting
Oo
Pathway Advisory Committee - Agenda of April 23, 1999 and minutes of
February 26, 1999 meeting
AGENqA~ IT~,~I
No.,
HA)' 2 5 lgg9
pg.. /
May 25, 1999
Item #1611
BUDGET AMENDMENT IN THE AMOUNT OF $325,000.00 TRANSFERRING FUNDS FROM
RESERVES TO REDEMPTION OF LONG-TERM DEBT-PINE RIDGE INDUSTRIAL PARK
AND NAPLES PRODUCTION PARK SPECIAL ASSESSMENT BONDS, SERIES 1993
Item #1612
AN INCREASE OF FIFTEEN SWORN LAW ENFORCEMENT OFFICERS IN THE 1998/99
SHERIFF,S OFFICE BUDGET FOR THE UNITED STATES DEPARTMENT OF JUSTICE
THREE YEAR COPS IN SCHOOLS GRANT PROGRAM
Page 137
HAY 2 5 1999
John C,, Norris
DLsl~lct 1
James D. Carter, Ph.D.
Disbict 2
Timolhy J. Constantine
District 3
Pamela S. IVlac'Kle
District 4
Barbam B. Berry
District 5
UPS NcxtDay Air N438 3455 05 2
3301 East Tamiaml Trail · Naples, Florida 34112-4977
(941) 774-8097 * Fax (941) 774-3602
May 25, 1999
COPS Universal Hiring Program
U.S. Department of Justice
1100 Vermont Avenue, NW
Washington, DC 20530
Attn: Sara Wolf
Grant Advisor
Re: ORI # FL01100
COPS in Schools - Request for Additional Officers
Dear Ms. Wolf:
On November 25, 1998, the Collier County Sheriffs Office (CCSO) submitted a grant application for funding for nine COPS In
Schools Officers. On April 23, 1999, SherkffHunter received notification from Senator Bob Graham of the COPS In Schools grant award.
This letter serves as a request for COPS In Schools funding for an additional fifteen unbudgeted CCSO officers for Collier County Schools.
The need for funds to support a significantly higher number of school officers than was originally requested will enable CCSO to
provide at least one officer in each of the 33 primary ancl secondary schools in Collier County. With added COPS In Schools funding, this goal
will be achieved. As one of the fastest growing areas in the country, and with a rapid increase in incidents of crime and violence and the fear
of crime and violence in and around schools, the severity of violent school tragedies, nationally over the past year requires that we continue
to be more proactive in preventing such occurrences in Collier County. Consideration to increase the total number of COPS In Schools
awarded positions from nine to twenty four is appreciated.
Attached please fmd an executed Retention Plan, Assurances, and Certifications. If you have any questions or need additional
information regarding this request, please call the Sheriffs Office Grant Coordinator Joyce Houran at 941-793-9346.
Enclosures
l/Board Chah"~'oman
FDon Hunter,
Collier County
Sheriff
5 1999
COLLIER COUNTY SHERIFF'S OFFICE
COPS GRANTS
RETENTION PLAN
The Collier County Sheriff's Office (CCSO) assumes a progressively
larger share of an officer's salary and fringe benefits each year over the
three years of the COPS AHEAD, COPS UNIVERSAL, and COPS in Schools grants,
leading to full-time retention of the officer at the conclusion of the grant.
CCSO has assurances from the local Board of County Commissioners that
officers will be retained. Executive summaries are submitted by the CCSO to
the Board of County Commissioners requesting increases in the number of CCSO
budgeted positions on COPS AHEAD, COPS UNIVERSAL Hiring, COPS TO COMBAT
DOMESTIC VIOLENCE PROGRAM, and COPS in Schools grants. The Board has
approved all requests for curreht and subsequent year budget increases.
New recruits were not hired under the COPS MORE '95, COPS MORE '96, and
COPS MORE '98 grants as funding certified officers was unallowable under
these programs. Any full-time equivalencies (FTEs) as a result of the COPS
MORE grants are by currently employed Deputies.
When COPS grant project and program periods are over, the CCSO will
continue to fund the costs of maintaining, upgrading and/or replacing grant
funded equipment/technology in order to support community policing as
effectively as possible.
CCSO has a very aggressive and successful grant research program that
has resulted in continued funding of many grant projects. It is the
Sheriff's Office intention to proceed with this method to fund additional
agency positions and maintain and procure technology/equipment enhancements
and upgrades of currently funded grant programs. Federal funding will be
pursued. Non-federal funding sources such as state grants, additional law
enforcement funding from private sources, including corporate, nonprofit and
foundation donations and grants will be sought. Should the referenced funds
not be available, solicitation of funds from the confiscated trust funds will
be sought. Should any of these funds not be provided, COPS positions and
costs of maintaining COPS programs will be included in applicable fiscal year
CCSO operating budgets.
May 25. 1999
Activities will continue on current grants after grant funds end. With
experience, planned training, maintenance and enhancements, activities should
even increase after a grant period ends because of familiarity of the project
programs and advancements and speed associated with technology.
Approved az to form & ~egal suffkdou~tf
As~t~t County Attorney
U.S. Department of J tice .5 1999
. . , ....
Office of Co--unity O ented Policing Se ces
,,, ,
~e~ pmvbiom of ~e~ law ~d ~ apply to ~ ~t p~. We {ae O~ce of Co~,~ea~Fo~8 S~<~ ~ to
secu~ yo~ ~s~n~ that you
the maEem on w~ we ~k yo~ ~e, ple~
By your authofiz_-,ci rep~,tive's si~tum, you ass~ m ~d cettif7 to ~ that you will compJy ~t~]~~tive require-
menes that govern the applicant for acceptance and use of Federal grant funds. In particula~ you assure us that:
1. You have been legalJy and officially authorized by the appropriate
governing body (for example, mayor or dry council) to apply for this
grant and that the persons signing the application and these assur-
ances on your behalf are authorized to do so and to act on your
behalf with respect to any issues that may arise during processing of
this application.
2. You will comply with the provisions of Federal law which limit
certain political activities of your employees whose principal em-
ployment is in connection with an activity financed in whole or in
part with this grant. These restrictions are set forth in 5 U.S.C. § 1501,
et seq.
3. You will comply with the minimum wage and maximum hours
provisions of the Federal Fair Labor Standards Act, if they apply to
yOU.
4. You will establish safeguards, if you have not done so already, to
prohibit employees from using their positions for a p~ that is,
or gives the appearance of being, motivated by a desire for private
gain for themselves or others, particularly those with whom they
have family, business or other ties.
5. You will give the Department of Justice or the Comptroller General
access to and the right to examine records and documents related to
the grant.
6. You will comply with all requirements imposed by the Depart-
ment of Justice as a condition or administrative requirement of the
grant; with the program gtddelines; with the requirements of OMB
Circulars A-87 (governing cost calculations) and A-128 or A-133 (gov-
erning audits); with the applicable provisions of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended; with 28 CFR Part
66 (Uniform Administrative Requirements); with the provisions of
the current edition of the appropriate COPS grant owner's manual;
and with all other applicable laws, orders, regulations or circulars.
gender, disability or age, unlawfully exclude any person from partic-
ipation in, deny the benefits of or employment to any person, or sub-
ject any person to discrimination in connection with any programs
or activities funded in whole or in part with Federal funds. These
civil rights requirements are found in the non-discrimination provi,
sions of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended (42 U$.C. § 3789(d)); Tale VI of the Civil Rights Act of 1964,
as amended (42 U$.C. § 2000d); the Indian Civil Rights Act (25 U$.C.
,~ 1301-1303); Section 504 of the Rehabilitation ACt of 1973, as amend-
ed (29 U.S.C. § 794); Title II, Subtitle A of the Americans with Disabil-
ities Act (ADA) (42 U.S.C. § 12101, et seq.); the Age Discrimination
Act of 1975 (42 U.S.C. § 6101, et seq.); and Department of Justice
Non-Discrimination Regulations contained in Title 28, Parts 35 and
42 (subparts C, D, E and G) of the Code of Federal Regulations.
A. In the event that any court or administrative agency makes a
finding of discrimination on grounds of race, color, religion,
national origin, gender, disability or age against you after a due
process hearing, you ague to forward a copy of the finding to the
Office of Civil Rights, Office of Justice Programs, 810 7th Street,
NW, Washington, DC 20531.
B. If you are applying for a grant d $500,000 or more and Depart-
ment regulations (28 CFR 42.301 et seq.) require you to submit an
Equal Opportunity Employment Plan, you will do so at the time
of this application, ff you have not done so in the past. ff you are
applying for a grant of less than $500,000 and the regulations
require you to maintain a Plan on file in your office, you will do
so within 120 days of your grant award.
9. You will insure that the fadlities under your ownership, lease or
supervision which shall be utilized in the accomplishment of the
project are not listed on the Environmental Protection Agency's
(EPA) list of Violating Facilities and that you will notify us if you are
advised by the EPA indicating that a facility to be used in this grant
is under consideration for listing by EPA.
7. You will, to the extent practicable and consistent with applicable
law, seek, recruit ana hire qualified members of racial and ethnic
minority groups and qualified women in order to further effective
law enforcement by increasing their ranks within the sworn posi-
tions in your agency.
8. You will not, on the ground of race, color, religion, national origin,
10. If your state has established a review and comment procedure
under Executive Order 12372 and has selected this program for
review, you have made this application available for review by
the state Single Point of Contact.
11. You will devise a plan to retain the increased hiring level with
state and local funds after the conclusion of your grant.
I ceru'f covianee withj e a_bove as_suranc aWii U of
~ - i -S M~Ki~ Collier ~ounty ~ard Chai~n
, II
(a) The dangers o~ drug abuse in the workplace;
(b) The grantee's policy of maintaining a dins-free workplace;
(c) Any available drug; counseling, mhab'ditation and employ-
(d) The pen~ that may be ~ ~ employes for
clog-abuse violatiom oc~-un~ng in the workplace; =
('tii) Making it a requ~ernent that each employee to be
engaged in the performance of the 8rant be given a copy of
the statement mquimt by parasraph (i);
(iv) NoUfxing the employee in the totemthe mquin~ by
paragraph (i) that, as a condition of employment under the
grant, the employee will --
(a) Abide by the tetrns of the statement;, and
(b) Notify the employer in writing of his or her conviction for
a violation of a criminal dru8 statute occutrin8 in the work-
place no later than live calendar days after such conviction;
(v) Notifying the agenc~ in writing, within 10 calendar days
after receiving notice under subparagraph (iv)(b) from an
employee or otherwise receiving actual notice of such convic-
tion. Employers of convicted employees must provide notice,
indudin$ position title, to: COPS Office, 1100 Vermont Ave.,
NW, Washington, DC 20530. Notice shall include the identi~-
cation number(s) of each affected grant;
(vi) Taking one of the following actions, within 30 calendar
days of receiving notice under subparasraph (iv)O)), with
respect to any employee who is so convicted --
(a) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with
the requirements of the Rehabilitation Act of 1973, as amend-
ed; or
(b) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, state or local health, law enforce-
ment or other appropriate agency;
(vii) Making a good faith effort to continue to maintain a
drug-free workplace through implementation of paragraphs
(i), OiL (iii), (iv), (v) and (vi).
II I I
MAY 2 5 1999
B. The grantee may insert in the space provided below the site(s)
for the performance of work done in connection with the specific
grant:.
Place of performance (street addrein, city, county, state, zip code)
Check rl if there are workplaces on rde that aeenotidentlfed
here.
Section 67.630 of the tegula6on~ provides that a grantee that is a
state may elect to make one certification in each Fedend fm:al
yea~ a copy of which ~uld be included with each application
for DeparUnent of Justice funding. States and state agencies may
elect to me OJP Form 4061/7.
Check 0 if the sta~e has elected to complete OJP Form 4061/7.
The Public Safety Partnership and Community Policing Act of 1994
requires applicants to certify that there has been appropriate coordi-
nation with all agencies that may be affected by the applicant's I~ant
proporal if approved. Affected agencies may include, among others,
the Office of the United States Attorney, state or local prosecutors, or
correctional agencies. The applicant certilies that there has been .
appropriate coordination with alJ affected agencies.
S. Non-Supplantin~
The applicant hereby certifies that Federal funds will not be used to
replace or supplant state or local funds, or funds suppUed by the
Bureau of IDdi~rl Affair, that would, in the absence of Federal aid,
be made available to or for law enrollment pro'poses.
6. Retention
The applicant hereby certifies that it understands that it must abide
by its submitted plan to mtaLn the additional olficer positions at the
conclusion of the grant period.
Grantee Nameand Address: Collier County Sheriff's Office, 3301 Tamiami Trail East, Bldq. J.
Naples, Florida 34112
Application No. and/or Project Name: COPS In SchoQ~-~ t ~ ~ Grantee IRS/Vendor Number.
Signature: Date: 5/7/99_ . .,. ,.:: .
As the duly authorized re~esentative of t!~ governing body, I hereby certify that t~ I am binding the ga~ermng~bo~ly to th~
,~j[Jroved as to form& legal sufticien~/
im on },out [~alf am auth~rtz~ t~ do so and m a~ tm },our
behalf with n~aect to an), ~ ~bat may m d~g pmo~m~ o{
2. You wOl a~mply with th~ p~ nf Federal law w~tch l~dt
tarrain palitic;! nct~jti~s of Four ernfdoyees whine pz~dpal era-
pm wi~ lix~ [FanL M ~ m set fm-th in 5 U.S.C. ~ l~Ol.
m~nq_
3. You ~Lll romp~ with ~e mtn~mttm wa~ and nmxlmum hoars
pmvlsions a[ the Federal Fnk Labor ~mclaMs ACt, if t~ey apply
yOU.
~ ~v~ ~ ~ra~e of ~, mo~ai~ by a des~ for pdva~
~ ~or t~lv~ or other, pad. fly ~ with wh~ they
the ~rant.
You will comply wire all ~[u~tumems Imposed by t~e Depnrt-
merit ot Just~ a~ a ¢ondRion or admtratlve mClU~mem of
~t~t; wtt~ the pmg~'am ~delines; witit the mqui~me~l~ of
Cimub~ A~7 (~emlng oxet c~t~om) and A.12B or
7. Yau will, to t~,~t~'~t pracl~cable ~ ~omL~mt ,.~th appli~d~le
minority ~p~ups and quaked women t~ ordo~ ~ fu~the~ e~eet~ve
law ertfomement by mcre~t~ their ranks wttl~n the ~w~m pns~-
fions in your agency
8. You will r~t, im tht ~ o~ race, color, re~ rmtionnl
Ad ~ {~ {~ U.SC. ~ ~101, et ~qJ; and ~mt
~6~ ~ 8~ d~ or ~ ~ you ~ a d~
~ wi~ 1~ d~ o~ ~ ~t ~.
$u~ion ~ $h~l ~ ue]~ ~ t~ a~omp!~nl O[
p~ a~ ~r {J$~ On ~e ~nm~l ~n A~ncy's
adv~ by ~e ~A ~ ~t a ~]i~ to ~ ~
u~er Ex~e ~der 1~ and has s~ t~e pm~nm ~r
~i~, ~ h~e made t~ appli~Hon availa~e ~r
the ~te ~gle Point of ContacL
11. Y~ w~ d~e n plan ~ ~t~ ~ ~ ~
seam a~ ~1 ~nds a~r ~e c~on of your
' I I _ Jl JILl I Ill l_ I II I I I ' Illllll II 'lit '
~ilier ~unty Board Chai~n
Aught 8 / 2000 -~ ........ , ~ _~~'
aC~eS~ as ~ ~al~ S Depu~'~ ....... '-
COI~IZ~R COtm'l-z ~!Z~.ZFF' 50IrFXCZ
The Collier County S~eriff's Of£ice (CC~0) assu~es m progressively
larger share of an officer' s salary and f~in~e benefits each year over the
~hree years of the COPS AHEAD, COPS UNI~RSAL, and COPS in Schools grants.
lead/n~ to full-time retention of the officer at the con¢l~sion of t/%e grant.
CCSO has mssurances from the local Board o£ County Commissioners that
officers will be retained. Executive sunamaries are stt~aitted by the CCSO to
the Board of County Ccmaissioners r~questing increases in the number of CCSO
budgeted positions on COPS A~EAD, COPS UNZVEREu%n Hiring, COPS TO COMBAT
DOmeSTIC VIOLENCE PRO~RAM, a~d COPS in Schools grants. The Board has
aD~ro=ed ~11 requests for current and subsequen~ year budget increases.
New recruits were ~ot ~red under the COPS MOP.~ '95, ~OPS MOR~ '96, and
COPS MORE ~98 grants as fundtn~ certified officers was unallowable ~tnder
~hese pro,rams. Aay £u11-time equivalencies (FTEs) as a resul~ of t~e COPS
MORE grants are by currently employed Deputies.
W~en COPS grant project aud program periods are over, r-he CCSO will
continue to fund the costs of maintainin~, up~radin~ and/or replacing 9rant
£unded equipment/technology in order to support community ~olicincj as
effectively a~ possible.
CCSO has a very ag¢.rressive and successful ~rant research pro,ram tha~
has resulte~ in continued funding of many ~ra~t ~rojec~s. It i~ the
S~eriff's Office intention to proceed with this method =o fund additional
a~ency positions and maintain and procure ~echnolo~y/equipment enhancements
and up~rades of currently funded 9rant programs. Federal funding will be
~ursued. Non-federal Zunding sources such as state grants, additional law
enfo~cememt funding from private sources, inclu~ing corporate, nonprofit and
foundation donations an~ ~rants will b~ sought. S~o~1~ the referenced fun~s
not De available, solicitation of f;~-d~ fr~ra the conf~scate~ Crust fuuds will
be ~ou~ht. Should ax%¥ off these £un~ not be prowideal, COP8 ~ositions and
costs of maintaining COPS pro,rams will be included i~ applicable fiscal year
ccso operating budgets.
~mela S. ~aC~Collier County Boa~/Chairwoman
May 2~, 1999
Activities will con:inue on current 9rants after ~rant funds end. Wi~h
experience. planned training, maintenance and erahanc~ts, activities should
even increase after a grant period ands because of fam~liari~y of the project
pro,rams and advancements and S~eed associaCed with technology.
· O b/ t C4erk'
_~ .... llll
_£ ..... i_ _ I iI I
firq~lgwed. ~ ajB~m~in tony include,
italiniinn
GranteeNnme. n~dAddre~: C°llieF County ,~d~eriff's office, 3301 T~i Trail ~st, Bi~. J.
~ ~ .,~>.iY ~.',, '
~ ~ ~ '~ ...,¢, -. , .' ~. "',
~ n$~: tl/ ~ ' ~ ~ ~ ~ . ~. ~'~' . ':~' ~'.- e. . '
~ ' ......:~~--~"~~~J'-...'--m~s~: "-~J":: :,'" - ,' ': '
~ I'~ I ~ ' ' '
DWIGHT E, BR CLE~ ,, hy J ~~ ~ '
,~~':'~: . - August 8, 2000
",. AM~4mt County Attorney
U.S. Department of Justice
O. ITtce of Community Oriented Policing Services
COPS In School Award
Application Organization's Name:
Grant #:
OR1 g:
Vendor #:
Law Enforcement Executive Name:
.4ddress:
City, State, Zip Code:
Telephone:
Fax:
Government Executive Name:
/lddress:
City, State, Zip Code:
Telephone:
Fax:
Collier County Sheriffs Deparlanent
2000SHWX0839
FL01100
596000561
Sheriff Don Hunter
3301 Tamiami Trail East
Building J
Naples, FL 34112
(941) 774-4434
(941) 793-9333
Chairman Timothy J. Constantine
3301 Tamiami Trail East, Building F
Naples, FL 34112
(941) 774-8393
(941 ) 774-3602
Award Start Dato:
Award Amount:
September 1, 2000
$1,500,000
Award End Date: August 31, 2003
Number of Officers: Full Time: 12
Part Time: 0
Thomas Frez'~~~~m
Director
SEP I 3 2000
Date
By signing this award, the signatory officials are agreeing to abidc by the Conditions of Gram Award found on the reverse side of this document:
$i~.atu~c~uti~ Don Hunter, Sheriff of Collier County 10/10/00
we with the Typed Name and Title of Law Enforcement Florida Date
authority to ac~t this-gta~t award, Executive.
;~at u~,~)~ a~i~ent .]~xecutive with Typed Name and Title of Government
He .a,~l~%,rity. to acf~n~is grant award Executive.
Award ID: 60705
161_-2'
CONDITIONS OF GRANT AWARD
The funding under this project is for the payment of SALARIES AND APPROVED FRINGE BEN~'I'I~ for
three years for sworn entry level career law enforcemeat officere, lateral mmsfe~, or rehired officers. Any
portion of salaries above anWj level must be provided for by the grant recipient. Overtime, Wainlug, weapons,
communication equipment and vehicles cannot be paid for with COPS funding.
Prior to withdrawhg funds under this award, the recipieat must provide the Conlrol Desk, Office of the
Comptroller, with the recipient orguniT:*tlon's fizcal year and the name of the recipient organization's cognizant
Federal agency.
o
COPS Universal Hiring grant funds must be nsed to hire one or more new, additional career law enforcement
officers, beyond the number of officers tiug would be h'ged or employed by the ~rmltee in the absence of the
grant. Unless authorized in writing by the COPS Office, grant funds may not be applied to the salary or benefits
of an officer hired by a grantee prior to the Award Start Date listed on the front of this documanL
Your agency is expected to retain the positions funded by COPS in School grant funds at the conclusion of the
federal grant funding for at lez.~ one local set budget cycle, in accordance with the retention plan contained in
your grant application.
So
For grants of $500,000 or more, the grantee acknowledges that failure to submit an acceptable Equal
Employment Opportunity Plan (if grantee is required to submit one under 28 CFR 42.302) that is si~proved by
the Officer of Justice Programs, Office of Civil Right, is a violation of/ts Assurances an~ may result in the
suspension of the drawdown of funds. For grants under $$00,000, the grantee mu~ submit a completed EF. OP
Certification form and return- it to the Office of Justice Programs, Office of Civil Rights within 120 days of the
grant award.
In order to assist the COPS Office in the monitoring of the award, your agency will be responsible for
submitting semi-annual progre~ reports and quarterly financial reports. As _those reports become due, yoor
Grant Advisor will provide you with the forms and informarian necessary for compliance.
7. Requests for exxensionz, without additional funding, of the grant award period should be submitted in writing no
sooner than two years after the official start date of the award to your Grant Advisor.
¸8.
Office~ funded under this grant may only be involved in activities or perform services that exclusively benefits
your agency and file population that it serves. If your agency provides these officers to another agency through
a conUactunl an'angumant, your agency is rezpansible for ensuring that this ~ent is in compliance with
the conditious of your grant. -
9. The COPS Office may conduct a national evaluation of the Community Oriented Polic'mg Services (COPS)
program. The grantee agrees to cooperate with the evaluntors.
10. The grantee agrees to abide by the terms, conditions and regulations as found in the COPS Universal Hiring
Grant Manual.
11. The recipient agrees to complete and keep on file, us appropriate, as Immigration and Naturalization Service
Employment Eligibility Verification Form (1-9). This form is to be used by recipients of federal funds to verify
that persons are eligible to work in the United States.
May 25, 1999
Item #1613
COLLIER COUNTY SHERIFF'S OFFICE GRANT APPLICATION FOR CONTINUED
FUNDING FOR'THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS,
ANTI-DRUG ACT FORMULA GRANT PROGRAM
Page 138
SPY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
HAY 2 5 199
I.. Signature Page
In witness whereof, the parties affirm they each have read and agree to conditions set forth in this
agreement, have read and understand the agreement in its ent/rety and have executed this agreement
by their duly authorized officers on the date, month and year set out below.
Corrections on this page, including
strike-overs, whiteout, etc., are not acceptable.
State of Florida
Department of Community Affairs
Bureau of Community Assistance
Type Name and 7;tie:
Date:
Subgrant Recipient
Authorizing Official of Governmental Unit
(Commission Chairman, Mayor, or~ Designated Representative)
Date: FEID Number: 59.6000.558
Implementing Agency
Date:
Approved as to forms& leg.aJ suffieieney
Aaslstant County Attorney
John C. Norris
District 1
James D. Carter, Ph.D.
District 2
Timothy J. Constantine
District 3
Pamela S. Mac'Kie
District 4
Barbara B. Berry
District 5
3301 East Tamiami Trail · Naples, Florida 34112-4977
(941) 774-8097 · Fax (941) 774-3602
May 25, 1999
State of Florida
Department of Community Affairs
Bureau of Public Safety Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Attn: Mr. Clayton H. Wilder
Re:
Byrne Grant
Signatory Authority
Dear Mr. Wilder:
Pursuant to the referenced Grant, Sheriff Don Hunter has my
permission to have signatory authority on any applicable grant
documents. ~~_]
SIGNATURE
~er, Sheriff
If you need further information, please feel free to contact me.
~ha i rwoman '
Collier County Commission
John C..Norris
District 1
James D. Carter, Ph.D.
District 2
Timothy J. Constantine
District 3
Pamela S. Mac'Kie
District 4
Barbara B. Ben%t
District 5
Mr. Clayton H. Wilder
Community Program Administrator
Bureau of Community Assistance
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
3301 East Tamiarni Trail · Naples, Florida 34112-4977
(941) 774-8097 · Fax (941) 774-3602
Re:
Compliance with Equal Employment Opportunity (EEO)
Program Requirements -- Criminal Justice Agency
Dear Mr. Wilder:
I, the undersigned authorized official, certify that according to
Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as
amended, that ....
Criminal Justice Agency:
X Does meet Act criteria.
Does not meet Act Criteria.
I affirm that I have read the Act criteria set forth in Subgrant
Instructions. I understand that if the implementing agency meets these
criteria, it must participate in the subgrant recipient's EEO Program or
formulate, implement and maintain its own written EEO Program relating to
employment practices affecting minority persons and women. I also affirm
that the implementing agency ....
X Has a current EEO Program Plan. Does not have a current EEO Program Plan.
I further affirm that if the implementing agency meets the Act criteria
and does not participate in the subgrant recipient's EEO Program or does not
have its own written EEO Program, federal law requires it to'participate in
such a program or formulate, implement, and maintain its own Program within
120 days after a subgrant application is approved or face ~lOss: of federal
funds.
Name and Title:Pamela $. Mac'Kie, Chairwoman
Board of County Commissioner~
Collier County, Florida
Approved as.to form & legal suffiaionc}, i
" '"'""~" "' .""-'.7.':E.~",' '""
... ,:.., ._ ~ "<"q ,~* · . :,, . ..' :
Datei:' ' Ma¥~, 25,~,': 1~,~99~""=~"~
State of Florida
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
CERTIFICATION OF ACCEPTANCE OF SUBGRANTAWARD
The subgrantee, through its authorized representative,
acknowledges receipt and acceptance of subgrant award number
00-CJ-D8-09-21-01-003 in the amount of $74,711,
for a project entitled: Street Gang Prevention and Apprehension Program III
for the period of 10/01/1999 through 09/30/2000, in accordance with
the statement of work contained in the subgrant application, and
subject to the Department of Community Affairs' conditions of
agreement and special conditions governing this subgrant.
(Signa~Of ficial ~~ ~ /~/~ '
) (Datefof Acceptance)
Approved as to form & ]eom/su~£~c':~:-,-.,,
Pamela S. Mac'Kie, Chairwoman Collier County Commission
(Typed Name and Title of Official)
ATT£ST:
DWIG, HT E. BROCK,
_
Amistant Ommty Attorney
Attest is to
sigAeture on15.
DCA-CJ Form
(June, 1985)
Collier County Sheriff's Office
3301 Tamiami Trail East
Building "J"
Naples, FL 34112
Telephone (AC 941) 774-4434
October 4, 1999
Board of Collier County Commissioners
3301 Tamiami Trail East
Building F
Naples, Florida 34112
Attn: Board Chairwoman Pamela S. Mac'Kie
Re: Sheriffs Office Anti-Drug Act Formula Grant
Certification of Acceptance of Subgrant Award
Dear Chairwoman Mac'Kie,
The Sheriffs Office has been awarded fourth year funding from the 'Florida Department of
Community Affairs for the SHOCAP Program.
On May 25, 1999 the Board endorsed the Sheriffs Office application documents and agreed to
authorize acceptance of the grant upon award of funding. In order to accept this grant award,
the attached Certification of Acceptance of Subgrant Award needs your signature.
Please call Grants Coordinator Joyce Houran at 793-9346 if you have any questions.
Sincerely,
Enclosure
jh/a:bshca4
State of Florida
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative,
acknowledges receipt and acceptance of subgrant award number
00-CJ-DS-09-21-01-004 in the amount of $135,600,
for a project entitled:
Serious Habitual Offender
Comprehensive Action Plan
(SHOCAP) Program IV
for the period of 10/01/1999 through 09/30/2000, in accordance with
the statement of work contained in the subgrant application, and
subject to the Department of Community Affairs' conditions of
agreement and special conditions governing this subgrant.
(Signature o' - f A~thori~ed Official)
~~~,/~Sm
(Da'tefof ~cceptance)
(Typed Name and Title o~ Official)
Approved3~s to form
· ~mistaat Comatj~ Attorne~
DCA-CJ Form 1 (June, 1985)
May 25, 1999
Item #1614
COLLIER COUNTY SHERIFF'S OFFICE GRANT APPLICATION FOR CONTINUED
FUNDING FOR THE STATE OF FLORIDA, DEPARTMENT OF COM/4%rNITY AFFAIR,S
ANTI-DRUG ACT FORMULA GRANT PROGRAM
Page 139
SFY 2000 Drug Control and System Improvement Formula Grant Program
Signature Page
Edward Byrne Memorial State and Local Assistance
MAY 2 5 1999
In witness whereof, the parties affirm they each have read and agree to conditions set forth in this
agreement, have read and understand the agreement in its entirety and have executed this agreement
by their duly author/zed officers on the date, month and year set out below.
Corrections on this page, Including
strike, overs, whitaout, etc., are not acceptable.
State of Florida
Department of Community Affairs
Bureau of Community Assistance
By:
Type Name and Title:
Date:
Subgrant Recipient
Authorizing Officisl of Governmental Unit
(Commission Chairman, Mayor, or DesiFnated Representative)
Type alrwoman, Collier County Commission
Date: 5.. ~ ~-- ~ ~ FEID Number: 59-6000-558
Implementing Agency
Administrator or Designated Representative
Date: .5/5/99
&pprov~d a~ to form leg l
~i~tant Count~ Attorne
Section # - P~ 21 of 16
HAY 2 5 {999
John C. Norris
District 1
James D. Carter, Ph.D.
Disl~ict 2
Timothy J. Constantine
D{sbict 3
Pamela S. Mac'Kie
District 4
Barbara B. Berry
District 5
3301 East Tamiami Trail · Naples, Florida 34112-4977
(941) 774-8097 · Fax (941) 774-3602
May 25, 1999
State of Florida
Department of Community Affairs
Bureau of Public Safety Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Attn: Mr. Clayton H. Wilder
Re:
Byrne Grant
Signatory Authority
Dear Mr. Wilder:
Pursuant to the referenced Grant, Sheriff Don Hunter has my
permission to have signatory authority on any applicable ~rant
documents. ~~~
SIGNATURE
~ler, S~eriff
If you need further mn ormation, p ease feel free to contact me.
Collier County Commission
HAY 2 5 1999
John C..Norris
Dis~ct 1
James D. Carter, Ph.D.
District 2
Timothy J. Constantine
District 3
Pamela S. Mac'Kie
District 4
Barbara B. Berry
Dislrtct 5
Mr. Clayton H. Wilder
Community Program Administrator
Bureau of Community Assistance
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
3301 East Tamlami Trail · Naples, Florida 34112-4977
(941) 774-8097. Fax (941) 774-3602
Re:
Compliance with Equal Employment Opportunity (EEO)
Program Requirements -- Criminal Justice Agency
Dear Mr. Wilder:
I, the undersigned authorized official, certify that according to
Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as
amended, that ....
Criminal Justice Agency:
X Does meet Act criteria.
Does not meet Act Criteria.
I affirm that I have read the Act criteria set forth in Subgrant
InstructiQn$. I understand that if the implementing agency meets these
criteria, it must participate in the subgrant recipient's EEO Program or
formulate, implement and maintain its own written EEO Program relating to
employment practices affecting minority persons and women. I also affirm
that the implementing agency ....
X Has a current EEO Program Plan. Does not have a current EEO Program Plan.
I further affirm that if the implementing agency meets the Act criteria
and does not participate in the subgrant recipient's EEO Program or does not
have its own written EEO Program, federal law requires it to participate in
such a program or formulate, implement, and maintain its own'program Within
120 days after a subgrant application is approved!or 'face"loss .of ~federal
funds. ' ' '~ " ~-'
Name and Title:Pamela S. Mac'Kie, Chairwoman i~ ~:::,'" ':.-~:? ,~
Board of County Commissioners
Collier County. Flori~
May 25, 1999
Item #16J1
STIPULATED FINAL JUDGEMENT RELATIVE TO THE EASEMENT ACQUISITION ON
PARCEL NO. 45 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. COMMUNITY
DEVELOPMENT CORPORATION OF SOUTHWEST FLORIDA-HICKORY BAY WEST, ET AL.,
CASE NO. 94-2934CA (BONITA BEACH ROAD FOUR-LANING PROJECT NO. 60021)
STAFF TO DEPOSIT $250.00 INTO THE REGISTRY OF THE COURT
Page 140
DOCUMENT NOT RECEIVED IN CLERK'S OFFICE
AS OF 11/30/99
May 25, 1999
Item #16J2 - Moved to Item #gA
SETTLEMENT PROPOSAL IN THE CASE OF BAMBI HENERSON, ET AL. VS. COLLIER
COUNTY, CASE NO. 97-3387-CA-01, PENDING IN THE TWENTIETH JUDICIAL
CIRCUIT COURT IN AND FOR COLLIER COUNTY, FLORIDA IN THE AMOUNT OF
$2,500.00
Page 141
May 25, 1999
Item #16K1
CLERK'S FINANCE DEPARTMENT TO PAY FOR EXPENSES ASSOCIATED WITH THE
SCHEDULERS AND DISPATCHERS TRADE SHOW OUT OF THE AIRPORT AUTHORITY'S
TOURIST DEVELOPMENT TAX GRANT IN THE AMOUNT OF $328.50
Item #16K2
BUDGET AMENDMENT FOR THE MARCO ISLAND EXECUTIVE AIRPORT BUDGET
Item #16K3
BUDGET AMENDMENT TO INCREASE THE IMMOKALEE T-HANGER CONSTRUCTION BY
$82,000.00 AND AN ADDITIONAL GRANT OF $41,000.00
Item #16K4
BUDGET AMENDMENT TO RECOGNIZE AN ADDITIONAL GRANT OF $110,000.00 AND
TO INCREASE THE MARCO ISLAND T-HANGER CONSTRUCTION BUDGET BY
$220,000.00
Item #16K5
BUDGET AMENDMENT FOR ADDITIONAL REVENUE IN THE IMMOKALEE REGIONAL
AIRPORT BUDGET IN THE AMOUNT OF $23,900.00
Item #17A
ORDINANCE 99-37 RE PETITION NO. PUD-84-11(2) GREG STUART &
ASSOCIATES., REPRESENTING THE DIOCESE OF VENICE, REQUESTING A
REZONE FROM .PUD. TO .PUD" WHICH WILL CONTINUE TO BE KNOWN AS THE
VINCENTIAN PUD HAVING THE EFFECT OF ELIMINATING CERTAIN USES;
DECREASING THE LAND AREA FOR RESIDENTIAL AND GROUP HOUSING LAND USES;
INCREASING THE RESIDENTIAL DENSITY FROM 3 DWELLING UNITS PER ACRE TO
DWELLING UNITS PER ACRE AND CONVERTING 8.5 ACRES FOR COMMERCIAL LAND
USES AND 11.7 ACRES FOR PRESERVATION PURPOSES FOR PROPERTY LOCATED AT
THE SOUTHEAST CORNER OF SOUTHWEST BOULEVARD AND TAMIAMI TRAIL EAST
(U.S. 41)
Item #17B
RESOLUTION 99-247 RE PETITION NUA 99-1, MARKLIN AND EVONNE PRESCOTT,
REQUESTING APPROVAL OF A NON-CONFORMING USE ALTERATION TO REPLACE A
MOBILE HOME DAMAGED BY A FIRE WITH ANOTHER MOBILE HOME IN AN "RMF"-6
RESIDENTIAL MULTI-FAMILY DISTRICT LOCATED AT 3255 LUNAR STREET OFF
BAYSHORE DRIVE
Page 142
MAY 2 5 1999
RESOLUTION NO. 99- 247
RELATING TO PETITION NUMBER NUA-99-01,
FOR A NON-CONFORMING USE ALTERATION
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
(Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of requests for non-conforming use
alterations, and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board of the
area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of the altering of a non-conforming single family
mobile home, by replacing the existing mobile home with a new mobile home in a RMF-6 Zone
for the property hereinafter described, 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 Subsection 1.8.10.4 of the 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:
The Petition NUA-99-01 filed by Marklin Glenn and Evonne Prescott, property owners,
with respect to the property hereinafter described as:
Lot 4, Crews Subdivision, as recorded in Plat Book 9, Page 48 of Official Records
of Collier County, Florida.
be and the same hereby is approved for the altering of a non-conforming single family mobile
home, by replacing the existing structure with a new mobile home, in the RMF-6 Zoning District
wherein said property is located.
BE IT RESOLVED that this Resolution relating to Petition Number NUA-99-01 be
recorded in the minutes of this Board.
-1-
1999
MAY2 5
This Resolution adopted after motion, second and majority vote.
Done thi~x,~~ day o~ x/ ,1999.
· ATTEST:
DWIGHT E. BROCK, Clerk
~ ~tte~rt ~a$ ~o.' Chatl~lan!s
.~ppmvea ~ to v~'~d ~egm Sufficiency:
M~offe M. Student ' , '
Assist~t Co~W A~omey
~A-9941 ~OL~ION/
BOARD OF ZONING APPEALS
COLLIER~anCOUNTY, FLORIDA~~
-2-
May 25, 1999
Item #17C - Continued Indefinitely
Item #17D
RESOLUTION 99-248 RE PETITION VAC-99-010 TO DISCLAIM, RENOUNCE AND
VACATE THE COUNTY,S AND THE PUBLIC,S INTEREST IN ROAD RIGHT OF WAY
LOCATED WITHIN THE CEDAR HAMMOCK PROJECT WHICH WAS CONVEYED TO THE
COUNTY BY O.R. BOOK 195, PAGE 465 AND ROAD RIGHT OF WAY, UTILITY AND
DRAINAGE EASEMENTS
Page 143
170 '"'
RESOLUTION NO. 99. 24_._~B
FOR PETITION VAC 99-010 TO DISCLAIM, RENOUNCE AND
VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN ROAD RIGIIT
OF WAY WITHIN THE CEDAR HAMMOCK PROJECT WHICH WAS
:CONVEYED TO THE COUNTY BY OR. BOOK 19.5. PAGE 465 AND ROAD
RIGHT OF WAY, UTILITY AND DRAINAGE EASEMENTS CONVEYED TO
THE COUNTY BY O.R. BOOK 240, PAGE 896, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA. AND BEING LOCATED IN SECTION 3.
TOWNSHIP 50 SOUTH, RANGE 26 EAST.
5 1999
pursuant lo Sections 336.1)9 and 336.10. Florida Statutes. David R. Undcrh{ll. Jr., P.E., from
Banks ~CCring. Inc., as ai~cnt for Ihc petitioner, Ch'dc C. 71inl~.', Tmslcc. docs hereby rcqucsI lhc vacation or linc
Road Right of Way convcycd lO tile Count) by O.R. Book 195. Pagc 4(,5 ;md Ibc Road Righl Ol' W:ly. tJlilily and
Drainage Eascmcnts tony,'cd to thc Count.',' b.~ O.R. Book 2411. Page 896. Public Records of Collier County. Florida.
and being located in Scclion 3. Township 50 South. Range 26 East; and
WHEREAS. the Board has this da,' held a public hearing to consider xac;uing said Road Right o[' Way, Utilib
and Drainagc Easomcnls as morc fully dcscnbed Ix:Iow. and nolicC of said public hearing to vacale was given as
rcquircd by law; and
WHEREAS. Ihe granting of Ihe vacation ,,','ill not adversely afl.eCl the o,.~.nership or right of corn. chichi access
of other property miners.
NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONEP, SOt"
COLLIER COUNTY. FLORIDA. Ihat thc following road right of way is hereby vacated:
Sec: Exhibit "A" attached hereto and incorporated herein.
BE IT FURTHER RESOLVED. that Iht Clerk to Ihe Board is hereby direelcd to advcrli~ Iht adoption of this
Pc.solution once in a paper of general circulalion in Iht Cotlnly within 30 days follov, ing ils adoption
BE IT FURTHER RESOLVED, thai Iht Clerk lO tile Board is hereby dircclcd lo <cord a ccrlificd cop)' of this
Resolution. the proof of publication of the notice of public hearing and Iht proof of publicat ion of thc not icc of adopllon
of this Resolution in thc Official Records of Collier Count.,,'. Florida.
This Resolution adopted after motion, second and majorily Vole fnvonng smut.
DATED:
DWIGHT' E, ~.QCK, Clerk
:'litt~st &: to Ch&ir~an's
~.~d~:
. / !
Hcidi F. ~hton
~i~ant C~n~' Attom~'
BOARD OF COUNTY COMMISSIONERS //
COLI.,IEI~OUNTY. FLORIDA . ,'./
BY: : ,' "
~Mi nvo,?u--------~
OR:
2557
PG: 3266
anka nginrrring, nr.
Profasstonal Engineers, Planners & Land Surveyors
~ i~r7
YAC 99-~10
1713
DESCRIPTION OF A
PARCEL OF LAND
LYING IN
SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLOR/DA
(EASEMENTS TO BE VACATED)
HAY 2 5 999
DESCRIPTIONS OF PARCELS OR TRACTS OF LAND SITUATED IN THE STATE OF
FLORIDA, COUNTY OF COLLIER, LYING IN SECTION B, TOWNSHIP 50 SOUTH,
RANGE 26 EAST AND BEGIN FUROR BOUNDED AND DESCRIBED AS FOLLOWS:
EASEMENT "A"
THAT PART OF AN EASEMENT LYING SOUTHEAST OF THE SOUTHEAST RIGHT-OF-
WAY OF DAVIS BOULEVARD (STATE ROAD 84) OF THAT EASEMENT FOR PUBLIC
ROAD R/GHT-OF-%VAY RECORDED IN OFFICIAL RECORDS BOOK 195 AT PAGE 465,
PUBLIC RECORDS OF COLLIER COUNTY, FLOR/DA, BEING DESCRIBED AS THE
WEST 30.00 FEET AND THE SOLrl'H 30.00 FEET OF THE WESY HALF (W. ¼) OF THE
SO--ST QUARTER (S.W. 1/4) OF THE NORTHWEST QUARTER (N.W. I/4) OF
SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST.
EASEMENT "B"
BEING PART Of A DEDICATION RECORDED IN OFFICIAL RECORDS BOOK 240 AT
PAGES 896 AND 897, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOWS:
THE EAST 50.00 FEET OF THE WEST HALF 0,V. ½) OF THE SOUTHWEST QUARTER
(SW 1/4) OF THE SOUIHWEST QUARTER (S.W. 1/4) LESS THE SOUTH 150.00 FEET
THEREOF; AND THE WEST 50.00 FEET OF THE EAST HALF rE. ½) OF THE WEST
HALF 0A'. ½) OF THE SOUTHWEST QUARTER (S.W. 1/4) LESS THE SOUTH 150.00
FEET THEREOF; ALL IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST.
EASEMENT "C"
BEING PART OF A DEDICATION RECORDED IN OFFICIAL RECORDS BOOK 240 AT
PAGES 896 AND 897, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOWS:
SHEET 1 OF 7
THAT PART OF THE SOUTH 60.00 FEET OF THE NORTH 525.00 FEET OF THE EAST
772.21 FEET OF THE WEST 1032.21 FEET LYING EAST OF THE EAST LINE OF THE
WEST HALF CCI. ½) OF TH~ WEST HALF {W. ½) OF TI~ SOUTHWEST QUARTER
(S.W. 1/4) OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST.
EASEMENT ~D~
BEING PAKT OF A DEDICATION RECORDED IN OFFICL4.L RECORDS BOOK 240 AT
PAGES 896 AND 897, PUBLIC RECORDS OF COLLIER COLrNTY, FLOKIDA BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE WEST QUARTER CORNER OF SECTION 3, TOWNSHIP 50
SOUTH, RANGE 26 EAST; THENCE S. 89° 52' 35" E. FOR 9.52 FEET ALONG THE SOUTH
LINE OF THE NORTHWEST QUARTER (N.W. I/4) OF SAID SECTION 3, TO A POINT ON
THE SOUTHEAST RIGHT-OF-WAY LINE OF STATE ROAD S-865; THENCE
N. 31' 05' 30" E. FOR 306.08 FEET ALONG SAID SOUTI'IEAST RIGHT-OF-WAY LINE
FOR TH~ POINT OF BEGINNING OF THE CENTERL~ OF AN EASEMENT HAVING
A WIDTH OF 80.00 FEET AND LYING 40.00 FEET ON EACH SIDE OF SAID
CENTERLINE; THENCE ALONG THE FOLLOWING COURSES DESCRIBING SAID
CENTERLIN'E; S. 58* 54' 30" E. FOR 25.00 FEET TO A POINT OF CURVATURe; THENCE
66.97 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING
A RADIUS OF 65.00 FEET AND SUBTENDED BY A CHORD HAVING A BEARING OF
S. 29° 23' 30" E. AND A LENGTH OF 64.05 FEET TO A POINT OF TANGENCY; THENCE
S. O0° 07' 30" W. FOR 193.84 FEET TO A POINT OF THE SOUTH LINE OF THE
NOR~ST QUARTER (N.W. 1/4) OF SAID SECTION 3, SAID POINT BEING
S. 89° 52' 35" E. AND 220.00 FEET FROM THE WEST QUARTER CORNER OF SAID
SECTION 3, AND SAID POINT BEING THE POINT OF TERMINUS OF SAID
CENTERLINE.
SIDELINES OF .SAID 80.0 FEET WIDE EASEMENT TO BE LENGTHENED OR
SHORTENED TO INTERSECT wrrH THE SOUTH LINE OF THE NORTHWEST
QUARTER ('N.W. 1/4) OF SAID SECTION 3.
EASEMENT
BEING PART OF A DEDICATION RECORDED IN OFFICIAL RECORDS BOOK 240 AT
PAGES 896 AND $97, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE WEST QUARTER CORNER OF SECTION 3, TOWNSHIP 50
SOLrl'H, RANGE 26 EAST; THENCE S. 89* 52' 35' A.LONG THE SOUTH LINE OF THE
NORTHWEST QUARTER (N.W. 1/4) FOR 220.00 FEET; THENCE S. 00° 07' 30" W. FOR
685.00 FEET ALONG A LINE 220.00 FEET EAST OF AND PARALLEL WITH THE ~VEST
LINE OF THE SOUTHWEST QUARTER (S.W. 1/4) OF SAID SECTION 3 TO A POINT OF
CURVATURE; THENCE 219.91 FEET ALONG THE ARC OF A CURVE CONCAVE TO
THE NORTHEAST, HAVING A RADIUS OF 140.00 FEET AND SUBTENDED BY A
SHEET 2 OF ?
STDELI:N'ES OF SAID 80.00 FEET WIDE EASEMENT TO BE LENGTHENED OR
SHORTENED TO INTERSECT WITH THE EAST LINE OF THE WEST HALF (W
OF TILE WEST HALF OAt ½) OF THE SOU'I'HWF~T QUARTER (S.W. 1/4) OF SAID
SECTION 3, AND TO INTERSECT WITH THE EAST LINE OF THE WEST 1032.21
FEET OF TI-t'E SO--ST QUARTER (S.W. 1/4) OF SAID SECTION 3.
BEARINGS ARE ASSUMED AND BASED ON THE SOUTH LINE OF THE NORTHWEST
QUARTER ('N.W. I/4) OF SAID SECTION 3 AS BEARING S. 89° 52' 35" E.
DESCRIPTION PREPARED ON MARCH 17, 1999.
Thomas C. Shaw
Professional Land Surveyor
Florida Certification No. 4672
SHEET 3 OF 7
~KETCH OF DESCRIPTIOn, S
LYtNG IN
S~CTtON 3, TOM~HIP SO SOUTH.
CO(,U£R COUNTY, FLORIDA
C~LJ~ ~T~' P,~UC:
17D
RADIO ROAD
Sw t/4
'"THIS IS NOT A SURVEY"*
fLORiDA C[RTirEC~TiON NO 46'/2
VAC 9~J~lO
t[AY2 5 m9
HAY 2 § 1999
SKETCH TO ACLuMPANY DESCRIPTION
LYING IN
S[(:11~4 3. TOMqlSHP SO SOJTH, R~NGC
(~ ~ K v~)
mc C~S? ~.~ ~[r ~ ~ ~S~ H~ Cw 112) ~ mC
(S.W. I/4) ~ ~ ~ST ~M~ [~w, 1/4) KSS
K~G PMT ~ A ~MCA~ ~O W ~ ~C~S B~ 240 AT
772.21 fEET ~ ~ ~ST 1032.2l ~CT L~G C~St
KST H~ (W, ~/2) ~ ~ KSTH~ (w I/2) ~
(Sw 1/4) ~ ~C~ ~. T~ ~ ~. R~
EAST ~/2 E ~/2. NW ~/4
SW ~/4 J
SECTION ~- 50- 26
NW 1/4
i
52~'
332.21'
,. SW 1/4
0 Pl. 240
P~S
& 897'
E ~/2, w
SW 1/4
ENT "C"
E 1/2
SW t/4
Ibm&a(?
VA(:: ~4)10
1711
HAY 2 5 1999
,!
N, &(' ~q4~ll,
HAY2 5 1999
May 25, 1999
Item #17E - Continued to June 22, 1999
There being no further business 'for the good of the County, the
meeting was adjourned by order of the Chair at 3:55 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIALD.~,~,~~~.~DER ITS CONTROL
ATTESTi ',
' '~, '~e,s~/mlnUtes approved by the Board on
prese~~~ or as corrected
, as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING
SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC
Page 144