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Agenda 06/22/1999 RCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS hi AGENDA Tuesday, June 22, 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. 1. INVOCATION - Reverend Donna Bartleson, Golden Gate United Methodist 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 1 'une 22, 1999 5. A 7 8. May 25, 1999 - Regular Meeting May 26,1999 - Special Meeting PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation recognizing the participation of the 293'd Army Concert "Infantry Center" Band from Ft. Benning, GA and the United States SOCOM Parachute Team at the July 4t6 Independence Day Weekend Celebration. To be accepted by Mr. Herb Luntz B. SERVICE AWARDS 1) Cindy Erb, Public Works Admin. - 10 Years 2) Wilma Iverson, Real Property - 10 years 3) Russell Greer, Water - 10 Years 4) Andres Hernandez, Road and Bridge - 10 years 5) Richard Degalan, Parks and Recreation - 5 Years 6) Carol McMahon, Library - 5 Years 7) Marilyn Whitney, Risk Management - 5 Years 8) Christie Brighton, BCC - 5 Years 9) Hilarion Ramirez, Pelican Bay - 5 Years 10) Rene Sanchez, Pelican Bay - 5 Years C. PRESENTATIONS 1) Adopt -A -Road sponsor recognition. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS A. Mr. Philip A. Josberger III representing Gulf Winds East Condominium regarding sewer impact fee. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) THIS ITEM _WAS _CONTINUED FROM THE JUNE 8. 1999 MEETING AND FURTHER CONTINUED. Discussion of an extension of the additional I% levy of Tourist Development Tax due to expire December 31, 1999 2) Accept the 1999 Tourism Agreement between Collier County and the Tourism Alliance of Collier County regarding advertising and promotion. 3) Accept the 1999 Tourism Agreement between Collier County and Gulf Coast Bowling Council, Inc. regarding the Seniors Bowling Tournament 4) Accept the 1999 Tourism Agreement between Collier County and Gulf Coast Bowling Council, Inc. regarding the Pro -Am Bowling Tournament 2 J, me 22, 1999 5) CONTINUED FROM THE JUNE 8 1999 MEETING. Recommendation to approve Commercial Excavation Permit No. 59.691 "Forest Park (Heron -- Lakes)" located in Section 33, Township 49 South, Range 26 East; bounded on the north by the Golden Gate Canal, (Golden Gate City), on the south by I -75, on the east by land zoned agriculture, and on the west by Golden Gate Community Park and Berkshire Lakes PUD. 6) Continuation of service of a management entity for Transportation Disadvantaged System. B. PUBLIC WORKS 1) This item has been deleted. 2) This item has been deleted. 3) This item has been deleted. 4) Recommendation that the Board of County Commissioners adopt a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non -Ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for Maintenance of the Water Management System, Beautification of Recreational Facilities and Median Areas, and Maintenance of Conservation or Preserve Areas, and Establishment of Capital Reserve Funds for the 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. 5) 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 Driveway Restoration Interests by Easement as to Parcels 149 -153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320, for the Construction of the Four Lane Improvements for Golden Gate Boulevard between C.R. 951 and Wilson Boulevard, CIE No. 62 6) Adopt Three (3) Resolutions Authorizing the Acquisition by Gift, Purchase or Condemnation of Perpetual, Non - exclusive, Road Right -of -Way, Sidewalk, Utility, Drainage, Maintenance and Temporary Driveway Restoration Interests by Easement as to Parcels 158T, 170A- 172T,174- 182,184 -185T, 187T, 189 -191; Parcels 192 -193T, 195 -197T, 199 -210T; and Parcels 211 -213T, 215 -215T, 217 - 220CT, 222 -227, 229 -231 for the Construction of the Four Lane Improvements for Golden Gate Boulevard between C.R. 951 and Wilson Boulevard, CIE No. 62. 7) Adopt Six (6) Resolutions 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 Driveway Restoration Interests by Easement as to Parcels 134A- 134-B, 734A- 734C, 136B -136C, 232 -250T, 251 -258, 261A -263, 265A -271, 272 -273, 276 -2788, 280-283,286-286T, 288A- 288AT,290 -294, 297 -299, 301, 303, 305 -319, 321 -321T, 323 -327T, 328T- 334T,336 -345T, 347 -347T, 349-350,351-352,354-363T2 and 367 -372T, for the Construction of the Four Lane Improvements for Golden Gate Boulevard between C.R. 951 and Wilson Boulevard, CIE No. 62. 3 June 22, 1999 8) Approve an Agreement providing for County Traffic Control Jurisdiction over roads within the Walden Oaks Subdivision. 9) Advise the Board regarding the Golden Gate Parkway MSBU. C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 9. COUNTY ATTORNEY'S REPORT A. Board discussion, direction regarding the proscription of campfires, other defined fires and the sale and use of fireworks and sparklers during a declared drought emergency as provided by Ordinance No. 98 -74, as amended, the Collier County Fire Prevention and Protection Code. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Hispanic Affairs Advisory Board. B. Appointment of member to the Parks and Recreation Advisory Board. C. This item has been deleted. D. Consideration of approval of Diversity Resolution. (Commissioner Carter) E. Appointment of members to the Collier County Community Care Ad Hoc Committee. F. Appointment of member to the City /County Beach Renourishment Advisory Committee. G. Reconsideration of Excavation Permit No. 59.690 "Hendershot Pit Commercial Excavation and Homesite", Excavation Permit 59.696 - J & D Grading and Hauling Excavation and Excavation Permit 59.687 - Whippoorwill Woods Land Trust Commercial Excavation and Homesite. (Commissioner Berry). 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS 4 June 22, 1999 B. ZONING AMENDMENTS 1) THIS ITEM CONTINUED FROM THE JUNE 8 1999 MEETING Petition PUD- 98- 11(1), Mr. Robert Duane, AICP, of Hole, Montes and Associates, Inc. representing Steve Houston, requesting a rezone from a previously approved "PUD" namely the Tamiami Professional Center PUD to a new PUD having the effect of increasing the building height within Tract II from thirty -five feet (35) feet to forty (40) feet for property located on the east side of Tamiami Trail North (US -41) and the south 200 feet of Section 15, Township 48 South, Range 25 East, Collier County, Florida. 2) Petition PUD -99 -1, Mr. William L. Hoover, representing Daniel R. Monaco and Michael E. Nortman, requesting a rezone from "A" Agricultural and "PUD" Planned Unit Development (The Mocake PUD and Zurich Lake Villas PUD" to a new "PUD" Planned Unit Development to be known as Malibu Lake PUD for property located on the south side of Immokalee Road (C.R. 846) and the east side of I -75, in Section 30, Township 48 South, Range 26 East, Collier County, Florida, consisting of 150.15 acres more or less. 3) Petition PUD -99 -6 Donald W. Arnold, AICP, of Wilson, Miller, Barton & Peek, Inc. representing G.L. Homes of Naples Associates, LTD., requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Rigas PUD for a maximum of 725 residential dwelling units and a maximum of 10,000 square feet of convenience commercial and recreational uses for property located on the south side of Immokalee Road (C.R. 846), approximately one mile east of 1 -75 and one mile west of C.R. 951, in Section 28, Township 48 South, Range 26 East, Collier County, Florida, consisting of 232 +/- acres. C. OTHER 1) Approve an ordinance amending Ordinance 92 -60 as amended, relating to the levy of a 2% Tourist Development Tax and an additional 1% tax throughout Collier County pursuant to the local option Tourist Development Act, Section 125.0104, Florida Statutes, providing for amendment to Section Three concerning the use of tax revenues to increase the percent allocated to museums; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. 2) Recommendation to adopt a new Litter, Weeds, and Exotics Control Ordinance and to repeal Ordinance 9147, as amended. 3) Amendment to Interlocal Government Agreement between the City of Naples and Collier County entered into by the City and County on April 21, 1999 for the purpose of amending paragraph numbers 5 and 6 of the Hamilton Harbor Interlocal Government Agreement. . 4) Recommendation for Board to Adopt a Correctional Facilities Impact Fee Ordinance. 5) Approve a Resolution and Exchange Agreement for parcels of land located in Section 30, Township 51 South, Range 27 East for a portion of Co_ unty Road 29 right -of -way on Chokoloskee Island. 13. BOARD OF ZONING APPEALS 5 June 22, 1999 A. ADVERTISED PUBLIC HEARINGS 1) Petition V -99 -7, Anthony P. Pires of Woodward, Pires & Lombardo, P.A. representing Charles and Sheila Perna requesting a 5.8 foot After -the -Fact variance form the required 7.5 foot side yard setback to 1.7 feet for a screened enclosure along the west property line for a property located at 663 110' Avenue North in Naples Park. 2) THIS ITEM HAS BEEN CONTINUED TO THE AUGUST 3 1999 MEETING Petition OSP- 99 -01, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A. representing Gulf Coast Building Association, requesting approval of off - site parking for property described as Lot 46, Cypress Woods Estates Plat #2, to serve the existing businesses located at 3838 North Tamiami Trail, Section 22, Township 49 South, Range 25 East, Collier County, Florida. B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 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. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Petition CU- 984E, Terry Kepple representing Crossroads Community Church requesting a one year extension of Conditional Use "7" and "11" in the "A" Agriculture zoning district to allow for a house of worship and a day care facility that has previously received conditional use approval, for property located on the northeast corner of Vanderbilt Beach Road and the Livingston Road Extension, in Section 31, Township 48 South, Range 26 East. 2) Request to approve for recording the final plat of The Shores at Berkshire Lakes, Phase Two - A and approval of the Standard Form Construction, Maintenance and Escrow Agreement. 3) Assignment Agreement for easement - Pelican Strand/Carlton Lakes interconnection. 4) Recommendation to approve Excavation Permit No. 59.598(Mod.) Autumn Woods located in Section 3, 10, Township 49 South, Range 25 East; bounded on the north by Calusa Bay PUD, on the east by the Crossings Subdivision and Pine Ridge Industrial Park, on the south by Pine Ridge Middle School and on the west by Goodlette -Frank Road R/W. 5) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Lake RV Resort, Phase One" June 22, 1999 6) Final acceptance of the sewer facilities acceptance for St. Albans Apartments --- 7) Budget amendment for the Shellabarger Park Infrastructure Improvement Project. 8) This item has been deleted 9) Application for a Commission for the Transportation Disadvantaged Trip Grant for 1999 -2000 10) Budget Amendment request to establish the Metropolitan Planning Organization (MPO) budget for grant year 1999 -00. 11) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Bullard Subdivision" 12) Authorization to extend an agreement with Community Redevelopment Associates of Florida, Inc. of Pembroke Pines, Florida as research consultants for the informal challenge to the U.S. Census Bureau's population projections for 1996. 13) Resolution designating Collier County's Comprehensive Plan, as Collier County's Community Development Plan, pertaining to Community Development Block Grant applications. 14) Approval of an Interlocal Agreement between the Board of County Commissioners and the School Board. 15) Recommendation to approve Commercial Excavation Permit No. 59.699, "Laurel Lakes at Laurelwood" located in Section 27, Township 48 South, Range 26 East: bounded on the north by Immokalee Road, on the south and west by land zoned agriculture, and on the east by the Pebblebrooke PUD. 16) Request to approve for recording the final plat of "Pine Air Lakes Unit Two" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 17) Request to approve for recording the final plat of "Glen Eden Phase Two" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 18) Request to approve for recording the final plat of "Autumn Woods Unit Four" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 19) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Oak Colony at the Vineyards" 20) Request to approve for recording the final plat of "Olde Cypress Unit Two" and approval of the performance security. 21) Request to approve for recording the final plat of "Moorer Estate" B. PUBLIC WORKS 7 June 22, 1999 1) Approve Budget Amendment for the Replacement of a Cardboard Baler at Naples Transfer Station. 2) Approve Budget Amendments for Solid Waste Contractual Services. 3) This item has been deleted. 4) This item has been deleted. 5) Feasibility Report and Assessment Methodology for the Hunters Road Paving Municipal Service Benefit Unit (MSBU) in Section 6, Township 49 South, Range 26 East, Collier County, Florida. 6) Recommendation that the Board of County Commissioners award Bid #99 -2950 for the Clam Bay Internal Channel Construction to Native Technologies, Inc. and approve Chairwoman to execute the Contract Documents upon Attorney Review. 7) Approval of a Budget Amendment to Acquire Emergency Preparedness Equipment for the Wastewater Department. 8) Award a Construction Contract to Better Roads, Inc., to construct the Proposed Pathway on U.S. 41 Bid # 99 -2925, Project # 61009. 9) Approve Work Order No. CDM- FT -99 -6 with Camp Dresser & McKee, Inc. for the design of the Proposed Drainage Improvements in Portions of the Gateway Triangle Area, Project No. 31803. 10) Approve Work Order #CDM- FY -99 -1 for the System Rehabilitation Program - West Winds Project. 11) Addition to Bid # 98 -2882 for Construction of a Pathway, Handrail, and Balancing the Quantities in our Ongoing Countywide Sidewalk Construction Project # 69081. 12) This item has been deleted. 13) Approve Amendment to Professional Services Agreement related to the North County Regional Water Treatment Plant 8-MGD Expansion, Contract # 97- 2625, Project #70859. 14) Approve an Alternate Road Impact Fee for the Hideout Golf Course. 15) Alternatives and Recommendations to the Board for Traffic Calming in Naples Park on 107`b and 109t° Avenues. 16) Approval of a Change Order to Purchase Order 805197 under Bid # 95 -2380 for Completion of the Underground Fuel Storage Tank Project. 17) Waive the Landfill Tipping Fee for the Trash Collected in Cooperation with a Local Community Clean -up Effort in the Bayshore/Haldeman Creek Area. 18) Accept an Access Construction and Maintenance Easement from Naples Cay —' Master Association, Inc. 8 June 22, 1999 19) Award Intersection Improvement Projects under the County's Roadway Contracting Services Contract (98 -2905) Project # 69183 - Shadowlawn Dr./Davis Blvd. Work Order RCS- 98 -BR -01 and Project # 69193 - Airport Rd. /Golden Gate Parkway Work Order RCS- 98- BR -02. 20) Approve a Lease Agreement between Collier County and LB/P- Groveway, LLC for use of vacant County -Owned Property. 21) Approve a Sole- Source Purchase of Odor Monitoring Equipment and an associated Budget Amendment for the Naples Landfill Odor Monitoring Program. 22) Recommendation to award Bid # 99 -2951 for Orthophosphate Polyphosphate. 23) Request Board Approval to Waive Tipping Fees for Illegal Dumping Clean -Up on Benton Road. 24) Approve an Agreement with the Golden Gate Fire Control & Rescue District. 25) Approve an Amendment to the Addendum to a Right -of -Way Related Purchase Agreement with the owners of the Oak Tree Medical Center on Piper Boulevard. 26) Status Report to the Board regarding Westview Drive. 27) Approval for an Increase in Purchase Order 805157 to Surety Construction Company in the amount of $6,134.72 for Completion of Maintenance Building Construction. 28) Approve a Budget Amendment for Phase II of the Professional Services Agreement with Agnoli, Barber and Brundage, Inc, for the Design of Livingston Road from Pine Ridge Road to Vanderbilt Beach Road (Project No. 62071, CIE No. 58). C. PUBLIC SERVICES 1) Signature of BCC Chairwoman on contract addendum with Data Research Associates, Inc. 2) Approve the transfer of County property to the Guadalupe Center in Immokalee. 3) Adopt a resolution authorizing the acquisition of land by gift or purchase of fee simple title interests for properties adjacent to the existing landfill in Township 495, Range 26E, Section 25 for public recreational purposes. 4) Approve a budget amendment to meet an unanticipated budget shortfall in the Social Services Department. 5) Approve the Home Care for the Elderly Continuation Grant and authorize the Chairwoman to sign the contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. D/B /A Senior Solutions for Southwest Florida. 6) Approve the Alzheimer's Disease Initiative Continuation Grant and authorize the Chairwoman to sign the contract between Collier County Board of County 9 June 22, 1999 Commissioners and the Area Agency on Aging for Southwest Florida, Inc. DB /A Senior Solutions for Southwest Florida. 7) Approve the Community Care for the Elderly Continuation Grant and authorize the Chairwoman to sign the contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. DB /A Senior Solutions for Southwest Florida. 8) Authorization for the Chairwoman to execute a lease agreement with a selected provider for Clinic space in Building "H". 9) Authorization of an agreement with the Collier County Veterinary Society, Inc. to provide reduced cost emergency animal medical services, physicals and neuter /spay operations for animals handled by the Collier County Domestic Animal Services, and animal license sales through area veterinarian clinics. 10) Approve the final ranking of architectural design firms for the golf course /action sports park request- for - proposal 992916. D. SUPPORT SERVICES 1) Approval and Execution of Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees. 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 for Approving the Satisfaction of Lien for Certain Residential Accounts Wherein the County has received Payment and Said Lien is Satisfied in Full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. 4) A Resolution for Approving the Satisfaction of Liens for Certain Residential Accounts Wherein the County has received Payment and said Liens are Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. 5) A Resolution for Approving the Satisfaction of Liens for Certain Residential Accounts Wherein the County has received Payment and said Liens are Satisfied in Full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. 6) A Resolution for Approving the Satisfaction of Liens for Certain Residential Accounts Wherein the County has received Payment and said Liens are Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. 7) Retain from Active Sales Various Properties Obtained from Avatar Properties, Inc. and Which are Part of the GAC Land Trust. 8) Recommendation to Accept Staffs Short List for Fixed -Term Professional Architectural Services, RFP #99 -2930. 10 June 22, 1999 9) Approve an Agreement with the Big Corkscrew Island Fire Control and Rescue District Which Provides for a Maximum Expenditure of $51,413 from the GAC -- Land Trust. 10) Approval of a Budget Amendment for Emergency and Unanticipated Expenditures for Building Maintenance. 11) Approval of a Budget Amendment to Fund an Organizational Audit of the County Administrator's Agency. 12) Approval of a Budget Amendment Recognizing Additional Revenues to Fund the Radio Communications System Maintenance Contract and Increasing Fund Expenditures. E. COUNTY ADMINISTRATOR 1) Budget Amendment Report - Budget Amendment #99 -275, #99 -287 and #99- 301. F. BOARD OF COUNTY COMMISSIONERS G. EMERGENCY SERVICES 1) Approve Budget Amendment to recognize additional revenue from the State EMS Grant Program for Bonus Pay and Physical Fitness Equipment. H. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed I. OTHER CONSTITUTIONAL OFFICERS 1) Request that the BCC authorize expenditure of Budgeted 301 Funds for the purchase of a Full Body X -Ray System for installation in the Naples Jail Facility. 2) Request that the BCC authorize expenditure of Budgeted 301 Funds for the purchase of 800 MHz Mobile and Portable Radios for the Sheriffs Office. 3) Recommendations to approve a resolution between the Board of County Commissioners and Sprint/United Telephone Company of Florida. J. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the easement acquisition on Parcel Nos. 713A, 713B, 813A & 813B in the lawsuit entitled Collier County v Naples Itallan American Club, Inc. et al., Case No. 98- 1672 -CA (Airport- Pulling Road 6- Laning Project - Pine Ridge Road to Vanderbilt Beach Road. 2) Recommendation that the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the easement acquisition on Parcel Nos. 106A, 106B, 706 11 June 22, 1999 & 806 in the lawsuit entitled Collier County v Naples Italian American Club, Inc. et at, Case No. 98- 1672 -CA (Airport- Pulling Road 6- Laning Project - Pine Ridge Road to Vanderbilt Beach Road. 3) Recommendation for the Board of County Commissioners to waive the purchasing policy and direct the Risk Management Department on behalf of the County to retain David Bryant, Esq. and David E. Bryant, P.A. to represent Collier County and the former and current Collier County employees that have been named as Defendants in the lawsuit styled Thomas Wajerski v Collier County, et a[, Case No. 99- 303- CIV- FTM -24D, now pending in the United States District Court for the Middle District of Florida. 4) Recommendation that the Board approve a Continuing Retention Agreement for legal services on an "as needed" basis with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., to meet county purchasing policy contract update requirements. K. AIRPORT AUTHORITY 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A) THIS ITEM HAS BEEN WITHDRAWN. Petition VAC -99 -011 to disclaim, renounce and vacate the County's and the public's interest in road right of way, being a portion of Turner Place, according to the Plat of "Collier's Reserve", as recorded in Plat Book 20, Pages 59 through 87, Public Records of Collier County, Florida, located in Section 22, Township 48 South, Range 25 East. B) Petition VAC 99 -007 to vacate a 12' wide platted drainage easement along the lot line common to lots 22 and 23, Block C, according to the plat of "Goodland Isles First Addition ", as recorded in Plat Book 8, Pages 1 and 2, Public Records of Collier County, located in Section 18, Township 52 South, Range 27 East, and to accept a 10' wide replacement drainage easement. C) THIS ITEM HAS BEEN CONTINUED TO THE AUGUST 3 1999 MEETING 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 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 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 " Avenue and south of the Cocohatchee River, in Section 21, Township 48 South, Range 25 East, Collier County, Florida, consisting of 267.44 +/- acres. D) Petition SV- 99 -02, Mr. Roy M. Terry, Principal, representing the Collier County Board of Public Schools requesting a variance from Sec. 2.5.5.2.3.12. of the LDC to allow for a 15 foot high double -faced off - premise directional sign with a copy area of 75 square feet as opposed to the current LDC requirements for off - premise signs of 2 one -sided signs 12 June 22, 1999 with a copy area of 12 square feet each and a maximum height of 12 feet to be located at the corner of US -41 and Broward Avenue in East Naples. E) Petition CU -99 -5, R.J. Ward, P.E., Spectrum Engineering, Inc. representing John J. Nevins, Bishop of The Diocese of Venice, requesting approval of a conditional use for a church and church related services for a property located at the southwest corner of Tamiami Trail East and Henderson Drive approximately one mile east of CR -951, in Section 2, Township 51 South,'Range 26 East, Collier County, Florida consisting of 25 acres. F) Petition V- 99 -05, Gary Kraft and Donald Heffner, representing Quail Creek Village Foundation, Inc., requesting a variance of 50 feet from the required setback of 75 feet to 25 feet for property located at 11719 Quail Village Way, in the Quail II PUD, in Section 20, Township 48 South, Range 26 East, Collier County, Florida. G) THIS ITEM HAS BEEN CONTINUED TO THE AUGUST 3 1999 MEETING Petition PR- 99 -01, Emilio J. Robau, P.E. of RWA Inc., representing Hideout Golf Club Ltd., requesting reservation of land for off - street parking, having an equivalent capacity of 43 parking spaces for a private golf club, located on Brantley Boulevard in Sections 24 and 25, Township 49 South, Range 26 East. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774 -8383. 13 June 22, 1999 bb /'LL/ 1 TJ4 b l : L t y41 1144t'Jl k'J CUU141 Y MANAtatk PAUE 01 AUAD HAS BOARD OF COUNTYCOMMISS ONERS' MEETING JU E 22.1999 ILDD: ITEM 8! (7) - REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF CANDLEWOOD THREE AND APPROVAL OF THE STANDARD PERFORMANCE SECURITY AND CONSTRUCTIONAGREEMENT. (STAFF'SREQUESI)- ADD:. tT M 8(j () 8) - REQUEST TO ACKNOWLEDGE THE VACATION OF A PORTION OF THE PLAT OF THE SEVEN SAILORS SUBDIVISION (STAFF'S REQUM. ADD: ITEM 8(fi)(191 - RECOMMENDATION THAT THE BCC AWARD BID 99 -2957 FOR THE SEAGATE CULVERT IMPROVEMENTS TO ,!KYLE CONSTRUCTION AND APPROVE THE CHAIRWOMAN TO EXECUTE THE CONTRACT DOCUMENTS UPON ATTORNEY REVIEW (STAFF'S REQUEST). ADD: ITEM 8(W (l) REQUEST THE BOARD TO AUTHORIZE THE COUNTY ADMINISTRATOR TO APPROVE CONSENT AND EMERGENCY ITEMS DURING THE BOARD'S 1999 SUMMER RECESS (STAFF'S REQUEST). AQpi : ITEM 10(H) - RECONSIDERATION OF PETITION R -99 -3 - GOLDEN GATE INN - REQUESTING CHANGE TO ZONING CLASSIFICATION FROM GOLF COURSE TO INTERMED(ATECOMMERCIAL DISTRICT. (COMMISSIONER BEAR)). CONTINUE ITEM 12!0)(3) TO THE AUGUST' A 1999 MEETING: -PETITION PUD -99 -6, G.L. HOMES OF NAPLES ASSOCIATES, LTD., REQUESTING A REZONE FROM "A" RURAL AGRICUL TURAL TO PUD TO BE KNOWN AS RIGA$ PUP. (STAFF'S REQUEST). MOVE: ITEM 16(8)(/S) TO 8!B)(Ill - ALTERNATIVES AND RECOMMENDATIONS FOR TRAFFIC CALMING IN NAPLES PARK ON 107^" & 108m AVENUES (STAFF'S REQUEST). MOVE, ITEM 16(B)(26 TO 8( )(12) - STATUS'S PORT TO THE BOARD REGARDING WESTVIEW DRIVE (COMMISSIONER CONSTANTINE)� &=) THE MPO WILL MEET AT 1 :00 PM - THE BCC MEETING WILL RECONVENE IMMEDIATELY FOLLOWING THE MPO MEETING. CONTINUATION OF SERVICE OF A MANAGEMENT ENTITY FOR TRANSPORTATION DISADVANTAGED SYSTEM. r_ ,_ • '. y �u IIi� �l� .�'r1 _, :�11�Y�'1'_ � 7:•Y _. �z.�. r � � APPROVAL OF DIVERSITY RESOLUTION (BCC REQUEST). ATTEST. DWI6HT E. BROCK, CLERK iY COMMISSIONERS FLORIDA PAMELA 5. MACKIE, CHAIRWOMAN AGENDA-ITEM No. / JUN 22 1999 Y COLLIER COUNTY ADMINISTRATORS OFFICE June 11, 1999 Philip A. Josberger III P. O. Box B Marco Island, Florida 34146 3301 E. TANTIAMI TRAIL NAPLES, FL 34112 (941) 774 -8383 FAX (941) 774 -4010 A CERTIFIED BLUE CHIP COMMUNITY Re: Request for Public Petition - Gulf Winds East Condominium - Sewer Impact Fee Dear Mr. Josberger: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 22, 1999 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Very ly yours, 11 Robert F. Fernand County Administrator ME cc: County Attorney AGEND I EM Public Works Division No. i4' 14 2 2 1999 • 'lam Mr. Robert F. Fernandez Collier County Administrator Dear Sir. RECEIVED COUNTY ADMINISTRATORS OFFICE JUN 1 1 IT 9 ACTION FILE We recently received a notice of sewer impact fee statement. It is written that we have 30 days to either pay the scheduled fee, apply for financing arrangements or if we believe that an impact fee is less than the established fee, we may request a hearing pursuant to sections 2.04, ordinance #98 -69. However upon researching the above ordinance we realize that we can not request a hearing pursuant to the constraints of the ordinance and properly present our concerns. Therefore we are requesting a hearing to petition the board on the above matter that is not consistent with the constraints of the ordinance to address these concerns. The affected property is Gulf Winds East (a Condominium) 1000 Manatee Rd. Unit 1 A-1 03, OR 1389 PG 942, Property Folio # 4848120009 If you have any questions regarding this matter or when the petition is placed on the agenda please contact me at the following: Philip A. Josberger III (Husband of Owner) (Applicant) Victoria Josberger (Owner) PO Box B Marco Is. FL 34146 Phone: Day: 3945711 ext.129 Night: 793-0126 Thank you in advance, /rip os er III Let Victoria Josberger T No J U A 2 2 1999 STATEMENT: After reviewing, but not limited to, ordinances # 84-36, 86-66,90-87 and 98-69 and reviewing Florida State Statute section # 153.03 we have concems over these and other following issues. 1. The Collier County Sewer impact Fee is unfair because the Gulf Winds East Condominium has been hooked up to a sewer system for 30 years. The developer requested permission to build on the property and followed all of the Collier County rules and regulations in existence, including hookup requirements to the sewer system. As such we have been impacting the system since the occupancy of the building. 2. This is also unfair to assess impact fees without giving credit to the fees, taxes, hookup charges and payments made upon permitting, construction and use of the system. These are just brief statements of the concerns over the Impact Fee for Sewer Services billed to our property. Thank you in advance i " A sberg r III Victoria Josberger J `� AGENDA IT M No. JjN 2 2 1999 cc file: Ed ikxtw Pubfiic Works Ed Finn Dir. of Operations David Weigel County Attorney John Norris County Commissioner Dist 1 J U 1 2 2 1999 ACCEPT THE 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY REGARDING ADVERTISING AND PROMOTION. OBJECTIVE: To have the Board of County Commisioners accept the 1999 Tourism Development agreement between Collier County and the Tourism Alliance of Collier County. CONSIDERATION: On April 19, 1999, the Tourist Development Council by vote of 9 -0 recommended TDC funding in the amount of $1,350,000 to the Tourism Alliance of Collier County to pay advertising and promotion expenses for fiscal year 1999 -2000. This agreement slated to begin on October 1, 1999 and to terminate on September 30, 2000. FISCAL IMPACT: $1,350,000 will be available in TDC Fund 194 on 10/1/99 when the .--� new budget becomes effective. RECOMMENDATION: That the Board of County Commissioners review and accept the 1999 Tourism Development agreement between Collier County and the Tourism Alliance of Collier County, along with attached budget Exhibit "A ", and further authorize the Chairwoman to sign e attached a, ment. i SUBMITTED BY: Date: elene Caseltine Economic Development Manager REVIEWED BY: Date: 9 � eg Mihalic, Dltector sing and Urban provement ` APPROVED BY: Date: ! 7 Vincent A. Cautero, AICP, Administrator ' Community Development & Environmental Services AGE I M NO. JUN 2 21999 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY REGARDING ADVERTISING AND PROMOTION THIS AGREEMENT, is made and entered into this day of , 1999, by and between the Tourism Alliance of Collier County, composed of Visit Naples, Inc., and the Marco Island Chamber of Commerce, Inc. on behalf of the Marco Island and Everglades Convention and Visitors Bureau, hereinafter collectively 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 (hereinafter 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 promotion and advertising of Collier County nationally and internationally; 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 the advertising and promotion of Collier County. 2. PAYMENT: The amount to be paid under this Agreement shall be One Million, Three Hundred Fifty Thousand Dollars ($1,350,000.00). 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 receiv AGENDA l - GRANTEE shall determine that the goods and services have been properly pro ed NM shall submit invoices to the County Administrator or his designee. The County Admini tratjO& 2 2 1999 PB•�_ 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. ELIGIBLE 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. INSURANCE: 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 PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person J- 2 1 JUN 2 2 1999 PQ•- 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 DEALIN G: 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. 8. NOTICES: All notices from the COUNTS' to the GRANTEE shall be in writing AGEPID_ and deemed duly served if mailed by registered or certified mail to the GRANTEE at th � 3 JUN 2 2 1999 following address: Tourism Alliance of Collier County c/o Tammie Mathews, Managing Director, Visit Naples 1400 Gulf Shore Boulevard N., Suite 218 Naples, Florida 34102 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 ACCOUNTIN G: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be term of this Agreement. a JUN Z 2 1999 � \�i�� Ali � � � � ♦ � � 1 � 1 11 1 1 � / 1 � 1 , 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 right 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 on October 1, 1999 and shall terminate on September 30, 2000. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, 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 EM PACT: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activities, explaining how the tourism impact was evaluated and shall provide a written report to the County Administrator or his designee within sixty (60) days of the expiration of this Agreement. 16. AVAILABILITY OF FUNDS: This Agreement is subject to budget and collection of tourist development tax funds. 17. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 18. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. M s JUN 2 2 1999 Pg.- h 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. ATTEST: DWIGHT E. BROCK, Clerk WITNESSES: Printed/Typed Name (2 Printed/Typed Name Approved as to form and legal sufficiency i� Heidi F. Ashton Assistant County Attorney h:lhfa11999 Tourism AllianceNisit Naples BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chairwoman GRANTEE TOURISM ALLIANCE OF COLLIER COUNTY By: Visit Naples, Inc. Printed/Typed Printed/Typed Title (corporate seal) By: Marco Island Chamber of Commerce Inc. By: za"/; /'?"' 1J�Q a let C4 Printed/Typed Name Printed/Typed Title AGENDA/ ITEM JUN 2 2 1999 Pg. A *C41V*C: 5/13/99; 4:40PY; HUI; M2 TOURISM ALLIANCE OF COLLIER COUNTY 1999/2000 Grant Application Budget Breakdown, Advertising $820,000 Public Relations $2409000 Travel Industry Liaisons $35,000 Fulfillment $ 1 80,000 Administration $ 75,000 TOTAL $050,000 JUN 2 2 1999 pg._�® B /EXPN FCN CN FUND 194 CC 101540 OBJ 882100 PROJ 10237 EXPENSE BUDGET CONTROL ACCOUNT TITLE REMITTANCES - PRIVATE ORGANIZATIONS ACCT TYPE PR SOURCE $$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ ALLOC BASE $$ CURRENT YEAR LAST YEAR PREVIOUS YEAR ADOPTED BUDGET 000,000,000+ 000,000,000+ 000,000,000+ AMENDED BUDGET 001,195,429+ 000,000,000+ 000,000,000+ ACTUAL 001,195,429+ 000,000,000+ 000,000,000+ FORECAST 001,195,400+ 000,000,000+ 000,000,000+ * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** B U D G E T * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REQUESTED- CURRENT 001,350,000+ 000,000,000+ 000,000,000+ REQUESTED- EXPANDED 000,000,000+ 000,000,000+ 000,000,000+ RECOMMENDED- CURRENT 000,000,000+ 000,000,000+ 000,000,000+ RECOMMENDED- EXPANDED 000,000,000+ 000,000,000+ 000,000,000+ APPROVED 000,000,000+ 000,000,000+ 000,000,000+ nue No. oy JUN 2 2 1999 ACCEPT THE 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND GULF COAST BOWLING COUNCIL, INC. REGARDING THE SENIORS BOWLING TOURNAMENT. OBJECTIVE: To have the Board of County Commissioners accept the 1999 Tourism Development agreement between Collier County and the Gulf Coast Bowling Council, Inc. as it regards the Senior Bowling Tournament. CONSIDERATION: On 4/19/99, the Tourist Development Council recommended approval for $4,700 in funding to pay for advertising and promotion costs for a Senior bowling tournament scheduled for September 26 -30, 1999. This is a standard tourism agreement. FISCAL IMPACT: $4,700 is available in Fund 193 from the Tourist Development Tax Fund. A budget amendment will be required to transfer funds to the project from reserves so remittances can be paid. RECOMMENDATION: That the Board of County Commissioners review and accept the 1999 Tourism Development agreement between Collier County and the Gulf Coast Bowling Council,Inc. as it regards the Senior Bowling Tournament,along with attached budget Exhibit "A" and associated budge" endment d further authorize the Chairwoman to siamthe attached auee en . ,/ Y: REVIEWED BY: APPROVED BY: Date: � % Frances E. Haas TDC Coordinator Date: Gre halic, Director Ho ing Urban D elopment "//' Date: Vincent A. Cautero, CP, Administrator, Community Development 1 & Environmental Services ACEMA ITEM ` 1 JUN 2 2 1999 Pg. /_ '-' 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND GULF COAST BOWLING COUNCIL , INC. REGARDING THE SENIORS BOWLING TOURNAMENT THIS AGREEMENT, is made and entered into this 2 2, day of J L, ri e, , 1999, by and between Gulf Coast Bowling Council, 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 (hereinafter 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 Seniors Bowling Tournament scheduled for September 26 -30, 1999 (the "Event "); 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 the Event. The date(s) of the Event may not be changed without an amendment to this Agreement as provided in Section 17. 2. PAYMENT: The amount to be paid under this Agreement shall be Four Thousand Seven Hundred Dollars ($4,700.00). 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. AGO" GF NTEE shall determine that the goods and services have been properly shall submi, invoices to the County Administrator or his designee. The County Adr4inis# &�oi 1999 Pg. Z'= - 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. EL_.IGIBLE 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. In addition, the following items are ineligible expenditures: 1) Annual operating expenditures not directly related to the activity or project. 2) Employment of personnel not directly related to the activity or project and not speci- fied in grant application. 3) Capital improvement, including but not limited to new construction, renovation, res- toration and installation or replacement of fixtures. 4) Purchase of tangible personal property, including but not limited to office fiu L �' or equipment, permanent collections or individual pieces of art. 2 JUN 2 2 1999 Pg..s� 5) Interest, or reduction of deficits or loans. Expenses incurred or obligated prior to or after project funding period. 6) Prize money, scholarships, awards, plaques, or certificates. 7) Travel not directly associated with the project. 8) Projects which are restricted to private or exclusive participation except for invita- tional events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area should season. 9) Private entertainment, food or beverages except for invitational events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area should season. 10) Making payments for goods or services purchased for previous or other events. 11) Events which are exclusively local in nature such as a parade. 4. INSi TR ANCF.: 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 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 GRANTEE shall take reasonable measures to assure the continued satisfactory p4 all vendors and subcontractors. JUN 2 2 TSo9 3 PL•._ • �1B • IIRW4,10 P ! 1\ 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. 8. NOTICES: 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: Mary McDonald, Director of Marketing Gulf Coast Bowling Council 8800 Strike Lane Bonita Springs, Florida 34135 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 AGENDA 11t)I Na_�iYl1�_ 4 JUN 2 2 1999 Pa•_ 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 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 right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. • Mel .ic • , • .iQ 1:4.r transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TEBM: This Agreement shall become effective on �3�[c approves] and shall terminate on September 30, 1999. The GRANTEE shall s JUN 2 2 1999 Pg•--SG- 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 RAPACT: 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. REQ MT ED 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. 6 JUN 2 2 1999 Pg. - 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. ATTEST: DWIGHT E. BROCK, Clerk WITNESSES: Printed/Typed Narne / NO 6ha6 f R NC ;ac 4—h Printed/Typed Name Approved as to form and legal sufficiency L44. j k eidi F. Ashton Assistant County Attorney hAhg\hfa199TDC\Seniors Bowling Tournament BOARD OF COUNTY CONIlVIISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, Chairwoman GRANTEE GULF COAST BOWLING COUNCIL, INC. Printed/fyped Name SIDE NY Printedlryped Title (corporate seal) JUN 2 2 1999 Pg- -gr EXHIBIT "A" 1999 NAPLES SENIOR PBA OPEN BUDGET Advertising This may include advertising in newspapers, magazines, television, and mail -outs $4,700 TOTAL h:hg/hfa/99TDC/Ex. A Budget -99 Pm-Am i JUN 2 2 1999 Pg. ACCEPT THE 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND GULF COAST BOWLING COUNCIL, INC. REGARDING THE PRO -AM BOWLING TOURNAMENT. OBJECTIVE: To have the Board of County Commissioners accept the 1999 Tourism Development agreement between Collier County and the Gulf Coast Bowling Council, Inc. as it regards the Pro -Am Bowling Tournament. CONSIDERATION: On 4/19/99, the Tourist Development Council recommended approval for $15,110 in funding to pay for advertising and promotion costs for a Pro -Am tournament scheduled for September 26 -30, 1999. This is a standard tourism agreement. FISCAL IMPACT: $15,110 is available in Fund 193 from the Tourist Development Tax Fund. A budget amendment will be required to transfer funds to the project from reserves so remittances can be paid. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners review and accept the 1999 Tourism Development agreement between Collier County and the Gulf Coast Bowling Council,Inc. as it regards the Pro -Am Bowling Tournament,along with attached budget Exhibit "A" and associated budget amendment and further authorize the Chairwoman to sign the attached agree7l"t. / / S REVIEWED BY: \' ' ZAP /:1�7:�•il Frances E. Haas TDC Coordinator Gr ihalic, Director H usin d D elopme Date: Date: G Date: 6- I& ? T ' Vincent A. Cautero,AICP, —� Administrator, Community Development & Environmental Services No JUN 2 2 1999 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND GULF COAST BOWLING COUNCIL, INC. REGARDING THE PRO -AM BOWLING TOURNAMENT THIS AGREEMENT, is made and entered into this t` day of J u -f e-, , 1999, by and between Gulf Coast Bowling Council, 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 (hereinafter 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 Pro -Am Bowling Tournament scheduled for September 26 -30, 1999 (the "Event "); 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 the Event. The date(s) of the Event may not be changed without an amendment to this Agreement as provided in Section 17. 2. PAYMENT: The amount to be paid under this Agreement shall be Fifteen Thousand One Hundred Ten Dollars ($15,110.00). 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 veri AGE No. -� services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been propetdi tjWf, rf999 shall submit invoices to the County Administrator or his designee. The County nistrat or or P9• 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. ELIGIBLE 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. In addition, the following items are ineligible expenditures: 1) Annual operating expenditures not directly related to the activity or project. 2) Employment of personnel not directly related to the activity or project and not speci- fled in grant application. 3) Capital improvement, including but not limited to new construction, renovation, res- toration and installation or replacement of fixtures. 4) Purchase of tangible personal property, including but not limited to or equipment, permanent collections or individual pieces of art. z "Ut •j No. JUN 2 2 1999 Pg. 3 5) Interest, or reduction of deficits or loans. Expenses incurred or obligated prior to or after project funding period. 6) Prize money, scholarships, awards, plaques, or certificates. 7) Travel not directly associated with the project. 8) Projects which are restricted to private or exclusive participation except for invita- tional events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area should season. 9) Private entertainment, food or beverages except for invitational events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area should season. 10) Making payments for goods or services purchased for previous or other events. 11) Events which are exclusively local in nature such as a parade. 4. INSURANCE: 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 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 p No. all vendors and subcontractors. 3 JUN 2 2 1999 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. 8. NOTICES: 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: Mary McDonald, Director of Marketing Gulf Coast Bowling Council 8800 Strike Lane Bonita Springs, Florida 34135 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 Tamiatni Trail East Naples, Florida 34112 4 Na. --a JUN 2 2 1999 Pg S 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 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 right 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 on 4/:XZ1qq [ late TE Nb�tLll1 � approves] and shall terminate on September 30, 1999. The GRANTEE shal I request an s JUN 2 2 1999 pg tG� 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. MAMEWMEVROMWO =11611RIP1,30135 ': 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. 6 No. LXMII JUN 2 2 1999 Pg- 7 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. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA WITNESSES: -E; I e e"j Zo i �vE Printed/Typed Name FWpA If L. r/ r2l A t 11R— 1^(2D✓T C l� Printed/Typed Name Approved as to form and legal sufficiency L d, I kAZ4 Heidi . Ashton Assistant County Attorney LIM PAMELA S. MAC'KIE, Chairwoman GRANTEE GULF COAST BOWLING COUNCIL, INC. -?(}TR. i C 4 C n jib I O Printed/Typed Name "P — l -D a -i-T -0 Printed/Typed Title (corporate seal) h:\hg\hfa \99tdc \Gulf Coast Bowling Council AN 2 2 1999 EXHIBIT "A" 1999 PRO -AM BOWLING TOURNAMENT BUDGET Advertising This may include advertising in newspapers, magazines, television, and mail -outs $15,110 TOTAL h:hg/hfa/99TDC/Ex. A Budget -99 Pro -Am AGE No. JOLIW JUN ; 2 1999 P_ T EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.691, "FOREST PARK (HERON LAKES)" LOCATED IN SECTION 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST: BOUNDED ON THE NORTH BY THE GOLDEN GATE CANAL (GOLDEN GATE CITY), ON THE SOUTH BY I -75, ON THE EAST BY LAND ZONED AGRICULTURE, AND ON THE WEST BY GOLDEN GATE COMMUNITY PARK AND BERKSHIRE LAKES PUD. OBJECTIVE: To issue an excavation permit to David L Brennan (Trustee and individually) for the project known as "Forest Park (a.k.a. Heron Lakes)" in accordance with County Ordinance No. 92 -73, Division 3.5. CONSIDERATIONS: The Petitioner proposes to excavate two lakes with a total surface area of 16.32 acres ± to a depth of 16 feet( + / -) below existing ground. Of the resultant 308,000 C.Y. of fill, 100,000 C.Y. will be hauled offsite, and the rest will be used on site for construction of the subdivision. This project was last reviewed and approved by the CCPC as PDI 99 -01 (Res. 99 -11) on 4 MAR99, and by the BCC (as Ord. 90 -79) on 230CT90. The lake is a permitted use under the PUD, and was reviewed by the EAB on 18APR90. Offsite hauling was not addressed in the PUD. The engineer has estimated that approximately 100,000 C.Y. of fill will need to be hauled off. The haul route is along the entrance road shared by the Golden Gate Community Park. As with all construction, nearby residences in Golden Gate City and the apartments in Berkshire lakes will experience daytime noise. Approximately 41 adjacent property owners and the Collier County Parks & Rec. Dept. have been notified of this proposed action. A preliminary subdivision Plat has been received by Collier County for this parcel. FISCAL IMPACT: The Community Development Fund, Development Services (113 - 13900) would receive in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $ 982.00 $1832.00 TOTAL FEES A security in the amount of$77,000 must be posted prior to permit issuance. Road i approximately $8000 to $10000 and will be confirmed at time of permit issuance.. 1 _. 9(A 5 JUN 2 2 1999 P4 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.691 to David L. Brennan, Trustee and individually for the project known as "Forest Park" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of —5.50 ft. NGVD. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of -1.50 NGVD. 2. Off -site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). 3. Where groundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Project Plan Review for approval prior to the commencement of any dewatering activity on the site. 4. No blasting will be permitted unless issued a separate permit by Collier County Project Plan Review. 5. If trees are to be removed as a result of the excavating operation, a Tree Removal Permit, required by Ordinance No. 92 -73, Division 3.9 shall be obtained from Collier County Project Plan Review before work shall commence. 6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. 7. A 20 ft. maintenance easement shall be provided around the perimeter of the lake and a 20 ft. access easement to it shall be provided from a public right -of -way. The easement shall be provided to Collier County, however, maintenance will be provided by Forest Park. 8. No Excavation Permit shall be issued until all impact fees have been paid. 9. Signage, as required by Collier County Parks & Rec Dep't, to control truck traffic and speed on Recreation Lane, will be installed by petitioner prior to the start of excavation. 10. A Preconstruction Conference is required prior to start of excavation. Contact at 403 -2417 E piniv P A 113 L17n STAN CHRZAf4OWSKI, P.E. SENIOR ENGINEER REVIEWED BY: el THOMAS E. KUM P.E. ENGINEERING REVIEW MANAGER OB AULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.691 EX SUMMARY/H/EAB Exec Summ/SC 10 -TvAv 99 DATE ( ?� DATE 4 L,( v / -if DATE �- 1/ -.'9 DATE No. JUN 2 2 1999 P9 3 I 10 k ® � m 1.1 1 1 1 1 41 z 1 r< 3ww W Im / 7 MW AWL CL a CO 7a)s 1999 a z 1 r< 3ww W Im / 7 MW AWL CL a CO 7a)s 1999 COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF -SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off -site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91 -102 as amended Div. 3.5 and Right -of -Way Ordinance No. 93 -64. 3. Off -site removal of excavated material shall be subject to Ordinance No. 92 -22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off -site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92 -22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off -site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance /repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B" Page One of Two No. .6^ JUN 2 2 1999 6 Pg. 6. Based on soil boring information per Ordinance No. 91 -102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off -site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91 -102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size /depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off -site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off -site impacts, meeting of applicable provisions of Ordinance No. 93 -64, Ordinance No. 92 -22, and Ordinance No. 91 -102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 No. Page Two of Two l JUN 2 2 1999 EXECUTIVE SUMMARY CONTINUATION OF SERVICE OF A MANAGEMENT ENTITY FOR THE TRANSPORTATION DISADVANTAGED SYSTEM Objective: To preserve the uninterrupted service of a management entity for the Transportation Disadvantaged System. Considerations: Collier County has declared itself the Community Transportation Coordinator (CTC). Intelitran is under contract to the County to provide management services for the Transportation Disadvantaged program until June 30, 1999. MPO Staff has been involved in the selection of a permanent management entity that will perform the work of a CTC on behalf of the County. On June 16, the Local Coordinating Board for the Transportation Disadvantaged will make a recommendation to the Metropolitan Planning Organization (MPO) for the choice of a permanent management entity. During the MPO meeting to begin at 1 p.m. on June 22, the MPO will consider that recommendation and make a recommendation to the Board of County Commissioners. The recommendation will be to begin negotiating a contract with the selected management entity, or to begin another RFP process. The selected management entity will contract with vehicle operators for the provision of trips. The management entity will prepare invoices to Medicaid, the Commission for the Transportation Disadvantaged, and client agencies. If the amounts collected do not cover the cost of operation, the County will be responsible for the difference. The management entity will make recommendations on trip rates to ensure that the county contribution is kept to a pre - determined level (last set at $100,000). The County will have to appoint a staff contact person. That person will be responsible for timely action by the Board on Transportation Disadvantaged matters. Fiscal Impact: Minimal additional staff time, estimated at four hours per week, which will be absorbed by budgeted salaries. Growth Management Impact: None. Recommendations: Staff recommends that the Board of County Commissioners begin negotiating a contract with the permanent management entity recommended by the MPO. Staff also recommends that the Board of County Commissioners extend the contract with Intelitran beyond June 30, 1999 to the start of the contract with the permanent management entity selected. Prepared by: C Date: Gavin Jones, P.E., Transpo ation Planning Manager Reviewed by: Date: R bert Mulhere, AICP, Planning Services Director Approved by: Date: Vincent A. Cautero, AICP, Community Development & Environmental Services Administrator JUN 2 2 1999 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF CANDLEWOOD THREE AND APPROVAL THE STANDARD PERFORMANCE SECURITY AND CONSTRUCTION AND MAINTENANCE AGREEMENT OBJECTIVE: To approve for recording the final plat of Candlewood Three. CONSIDERATIONS: The Board of County Commissioners on March 3, 1999 approved the final plat of Candlewood Three with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT: The fiscal impact to the County is listed below. The project cost is $66,728.15, to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $73,400.96. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $.1,686.96 Fees are based on a construction estimate of $66,728.15 and were paid in March, 1999 and are reflected in the Executive Summary of March 23, 1999. Af}Eyj1,l� JUN 2 2 1999 Pg. / Executive Summary Candlewood Three Page 2 GROWTH MANAGEMENT IMPACT: None That the Board of County Commissioners approve the final plat of "Candlewood Three ", with the following stipulations: 1) Accept the amount of $73,400.96 as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Candlewood Three ". 3) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Houldsworth, S Engineering Review REVIEWED BY: C�) IL4 - Thoma E. Kuck, P.E. Engineering Review Manager Engineer Ro]Yert' Mulhere, AICP Planning Services Department Director APPROVED BY: ViMc- ent -A. Cautero, AI-CP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JRH:ew i3 Date Date G -17--�41 Date -/P -9 g Date AGENR I 7 No. JUN 2 2 1999 Pew a all Illat*010 SIMON �. --" :r. � `'�� • � l Ali ,: WOOL 1 rr� 1 1 Y � JUN 2 2 1999 EXECUTIVE SUMMARY REQUEST TO ACKNOWLEDGE THE VACATION OF A PORTION OF THE PLAT OF THE SEVEN SAILORS SUBDIVISION OBJECTIVE: To acknowledge the vacation of a portion of the plat of The Seven Sailors Subdivision located in the City of Marco Island, Collier County, Florida. CONSIDERATION• The City of Marco Island has approved a Resolution to vacate a portion of the plat of The Seven Sailors subdivision. It has been requested by the owner's attorney that the County acknowledge the vacation. The Planning Services Department, as well as the County Attorney's office has reviewed the vacation. A Resolution acknowledging the vacation has been prepared and approved by the County Attorney's Office. The title company will not allow closing for the construction loan until the governing board which approved the plat acknowledges the vacation. FISCAL IMPACT• There is no fiscal impact to the County. GROWTH MANAGEMENT IMPACT: There is no growth management impact to the County. RECOMMENDATION: That the Board of County Commissioners acknowledge the vacation of a portion of the plat of The Seven Sailors, and: 1. Acknowledge the vacation of a portion of the plat of The Seven Sailors." 2. Authorize the Chairman to execute the attached Resolution. 3. Direct the Clerk to the Court to make notation of this action in the public records. Executive Summary The Seven Sailors Page 2 PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: �'� � v -Y� a , as E. Kuck, P.E. Date neering Review Manager UV 9 Xob ulhere, AICP Da e Planning Services Department Director 6 q1, Vincent A. Cautero, AICP Administrator Date Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION No. JUN 2 2 1999 tJ rt cpf OES I S tl O (25 Ina" jZ- in Ln w .4 Ln Z! LLI Ln tIC4 lite (ED) V, y, 473 OO nvn `Q .. ......................... ............ 14 '7-7 O a O ok. 44, rA 14, O Q0 tJ rt S tl O (25 Ina" jZ- in Ln w .4 Ln Z! LLI Ln tIC4 lite (ED) RESOLUTION NO. 99- 15 A RESOLUTION TO VACATE, RENOUNCE AND DISCLAIM THE CITY'S AND THE PUBLIC'S RIGHTS AND INTERESTS IN THE EXISTING EASEMENTS LOCATED AT 1572 SHORES (TEGUESTA) COURT, FURTHER DESCRIBED AS PART OF TRACT "D ", PLAT OF "THE SEVEN SAILORS" (A REPLAT OF A PORTION OF TRACT "A ", MARCO BEACH UNIT THIRTEEN, PLAT BOOK 6, PAGE 92, COLLIER COUNTY, FLORIDA) AS RECORDED IN PLAT BOOK 25, PAGES 36 -37 OF THE PUBLIC RECORDS, COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to section 177.101, 336,09 and 336,10, Florida Statues, a petition has been received from Goodlette, Coleman & Johnson, P.A., as agents for the owner Mr. Albert Schornberg, requesting to vacate existing drainage and access easements located at 1572 Shores (Tequesta) Court, further described as part of Tract D, Plat of "The Seven Sailors" (a replat of a portion of tract "A ", Marco Beach Unit Thirteen, Plat Book 6, Page 92, Collier County, Florida) as recorded in Plat Book 25, Pages 36 -37 of the public records, Collier County, Florida; and WHEREAS, the City Council has this day held a public hearing to consider vacating said easement as more fully described in the attached Description of Easements to be Abandoned and exhibits, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will no, adversely affect the ownership or rights of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARCO ISLAND, FLORIDA, that: 1. The City's and public's rights and interests in the existing easements located at 1572 Shores (Tequesta) Court, within Tract "D ", Plat of "The Seven Sailors" (A replat of a portion of Tract "A ", Marco Beach Unit Thirteen, Plat Book 6, Page 92, Collier County, Florida) as recorded in Plat Book 25, Pages 36- 37 of the public records, Collier County Florida, and as further described in attachments, are hereby vacated, renounced and disclaimed. No. JUN 2 2 1999 05/21/99 FRI 13.51 FAX 9413894359 CI'ITY OF BURCO ISLAND Z003 This resolution adopted after motion, second and majority vote favoring same. DATED: April 19 1999. ATTEST: CITY OF MARCO ISLAND By: A. William Moss David E. Brandt, Chairman City Manager /City Clerk Approved as to form and Legal sufficiency: Kenneth B. Cuyle City Attorney No. JUN 2 2 1999 Pg. 05/21/99 FRI 13:51 FAX 9313891359 CITY OF MARCO ISLA.'D Z004 f X 77 -4C #A i American Engineering Consultants, Inc. 790 Harbour Drive . Naples, Florida 34103 941. 649 -1551 • FAX 941 -649 -7112 DESCRIPTION OF EASEMENTS TO BE ABANDONED BEING A STRIP OF LAND THAT IS USED FOR ACCESS EASEMENT PURPOSES AND IS LYING I WITHIN TRACT "D ", PLAT OF "THE SEVEN SAILORS-(A REPLAT OF A PORTION OF TRACT "A ". MARCO BEACH, UNIT THIRTEEN, PLAT BOOK E. PAGE 92, COLLIER COUNTY,FLORIDA) AS RECORDED IN PLAT BOOK 25 PAGES 36 -37 OF THE PUSUC RECORDS, COLLIER COUNTY, FLORIDA AND WHICH STRIP OF LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT "D ", SAID POINT EEING THE POINT OF BEGINNING; THENCE SOUTH 12 DEGREES 15 MINUTES 30 SECONDS WEST ALONG THE EAST LINE OF SA(D TRACT, A DISTANCE OF 20.00 FEET; THENCE +� NORTH 77 DEGREES 44 MINUTES 30 SECONDS WEST, A DISTANCE OF 55.00 FEET; THENCE NORTH 12 DEGREES 15 MINUTES 30 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE INTERSECTION OF THE NORTH LINE OF SAID TRACT; THENCE SOUTH 77 DEGREES 44 MINUTES 30 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED STRIP OF LAND CONTAINING 1,100 SQUARE FEET, MORE OR LESS. TOGETHER AND WITH: BEING A STRIP OF LAND THAT IS USED FOR DRAINAGE EASEMENT PURPOSES AND IS LYING WITHIN TRACT "D ", PLAT OF "THE SEVEN SAILORS "(A REPLAT OF A PORTION OF TRACT "A`, "MARCO BEACH, UNIT THIRTEEN ", PLAT BOOK 6, PAGE 92, COLLIER COUNTY,FLORIDA) AS RECCP,DED IN PLAT BOOK 25 PAGES 36 -37 OF THE PUBLIC RECORDS, COLLIER COUNTY, FLORIDA AND WHICH STRIP OF LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT "D "; THENCE NORTH 77 DEGREES 44 MINUTES 30 SECONDS VIEST ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 55.00 FEET; THENCE SOUTH 12 DEGREES 15 MINUTES 30 SECONDS WEST, A DISTANCE OF 6.00 FEET TO THE POINT OF EEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID LINE, A DISTANCE OF 20.00 FEET; THENCE NORTH 77 DEGREES 44 MINUTES 30 SECONDS WEST, A DISTANCE OF 150.00 FEET; THENCE NORTH 12 DEGREES 15 MINUTES 30 SECONDS EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 77 DEGREES 44 MINUTES 30 SECONDS EAST, A DISTANCE OF 160.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED STRIP OF LAND CONTAINING 3,200 SQUARE FEET, MORE OR LESS. THE BEARINGS U5ED FOR THE ABOVE DESCRIPTION ARE BASED UPON AN ASSUMED BEARING OF SOUTH 81 DEGREES 54 MINUTES 25 SECONDS EAST FOR THE SOUTH PROPERTY LINE OF THE ABOVE MENTIONED PLAT "THE SEVEN SAILORS ". THIS DESCRIPTION WAS PREPARED BY: �-^ A(3END G1 T. ALAN NEAL P.L.S. 8L No. Q FLORIDA CERTIFICATE NO. 4656 JUN 2 2 1999 REF: 11540819 SHEET 1 OF 2 JOB No.: 11 4- 08-19 Pg. to — 05/21/99 FRI 13 :51 FA.1; 9413894359 CITY OF MARCO ISLAND__ �, 1* o � N THIS SKETCH IS FOR DESCRIPTION PURPOSES ONLY AND IS NQj A SURVEY DENOTES SUBJECT EASEMENT liEiGki XISTjiVG S `Va �ERyVA � Y NORTH UNE 16 0- 0 SUBJECT —� DRAINAGE EASEMENT (3,200 S0. IF T �) 0 DRAINAGE _LO ACCESS EASEMENT o n, EASEMENT S >>. POB `°� POB 44 30 E � \ /Y N.>> 4'j, . 4 X) SSQ30 .{, W E 00 -. 0. 21S-30 - 20007>- 44'30 N 12.15'30.. E TRACT `D' THE SEVEN SAILORS I REPLAT O1F A PORTION O(F TRACT 'A• MARCO BEACH U N I T T H I R T E E N P. 8. 12 PGS. 90 -91 N 72 SUBJECT ACCESS IAJ EASEMENT (1,100 SO. FT4-) Q SOUTH LINE 0005 ^IV)s,r TRACT C DRAINAGE EASEMENT POC t bN .E. CORNER c ,3 TRACT 'D- 04 O to N to TRACT E TEQUESTA DRIVE I S 87754 1 2 'S E MARCO B E A C H R E P L A T O F A P R T I O N OF TRACT A• P. B. 12 PGS. 0 -91 ® L O C K 8 0 2 4 3 SKETCH OF LEGAL DESCRIPTION SCALE: 1" = 40' No. PREPARED BY: JUN 2 2 AMERICAN ENGINEERING CONSULTANTS, INC. 770 NAASOUR OAIVE NAPUM FL 3410.1 041) 849 -1351 (FAX) $47 -7113 r 573 OALO CA=E OR. MARCO ISLAND, iL WA5 (941) 324 -1097 (FAX) J94 -7571 Pg. REF; 11540819 SHEET 2 OF 2 JOB No.: 1154 - -08-95 45/21/99 FRI 13:52 FAX 9413894359 CITY OF MARCO ISLAND r i 1 1 1 1 1 1 cluxBAS Piss ZO06 ( ~ S 3: ( N►1 ! - � / am C-3 --4-0 •--a 99 ( / a /� mom Q rno -c CZ3 s z g j Dom o o M--1 K - g OO nnr Ln . `1 ��L )S( •... �t t � � �� n.- RVim/ ^- •- � n a � a s c AL A. f / lair Itc t i I (jI I 11 i A E ENE i ' JUN 2 2 1999. o> -n w P9 cif` RESOLUTION NO. 99 - RESOLUTION ACKNOWLEDGING THE VACATION OF A PORTION OF THE PLAT OF THE SEVEN SAILORS WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 2, 1995, approved the plat of The Seven Sailors for recording; and WHEREAS, The City of Marco Island by Resolution No. 99 - 15 vacated the City's and the public's rights and interest in existing easements located at 1572 Tequesta Court, further described as part of Tract D according to the plat of The Seven Sailors, (A Replat of a portion of Tract A, Marco Beach Unit Thirteen, Plat Book 6, Page 92) as recorded in Plat Book 25, Pages 36 through 37 of the Public Records of Collier County, Florida; and WHEREAS, The City of Marco Island provided a certified copy of the Resolution to the County; and WHEREAS, Collier County Development Services, as well as all required utility providers have reviewed and approved the vacation;, and WHEREAS, the vacation shall not affect access to lots previously conveyed under the plat. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, acknowledge the vacation of a portion of the plat of The Seven Sailors. BE IT FURTHER RESOLVED AND ORDERED that the Clerk of the Circuit Court shall make proper notation of this action upon the plat and record a certified copy of this resolution in the Official Records of Collier County. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal suf icien Heidi F. Ashton Assistant Collier County Attorney COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE CHAIRWOMAN No. JUN 2 2 1999 2 4 5 7 _ 8 9 11 12 13 14 15 16 17 18 19 21 22 24 25 26 27 28 -_ 29 _z 30 31 32 33 34 . _ 35 -? 36 38 39 -- -'L 40 41 `Y: 43 r= cz :'as` m =rZic 44 45 46 47 48 49 _ 50 51 53 54 _. 55 _ :. 56 - - - 57 58 59 79 - 60 62 = 63 RESOLUTION NO. 99 - RESOLUTION ACKNOWLEDGING THE VACATION OF A PORTION OF THE PLAT OF THE SEVEN SAILORS WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 2, 1995, approved the plat of The Seven Sailors for recording; and WHEREAS, The City of Marco Island by Resolution No. 99 - 15 vacated the City's and the public's rights and interest in existing easements located at 1572 Tequesta Court, further described as part of Tract D according to the plat of The Seven Sailors, (A Replat of a portion of Tract A, Marco Beach Unit Thirteen, Plat Book 6, Page 92) as recorded in Plat Book 25, Pages 36 through 37 of the Public Records of Collier County, Florida; and WHEREAS, The City of Marco Island provided a certified copy of the Resolution to the County; and WHEREAS, Collier County Development Services, as well as all required utility providers have reviewed and approved the vacation;, and WHEREAS, the vacation shall not affect access to lots previously conveyed under the plat. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, acknowledge the vacation of a portion of the plat of The Seven Sailors. BE IT FURTHER RESOLVED AND ORDERED that the Clerk of the Circuit Court shall make proper notation of this action upon the plat and record a certified copy of this resolution in the Official Records of Collier County. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal suf icien Heidi F. Ashton Assistant Collier County Attorney COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE CHAIRWOMAN No. JUN 2 2 1999 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT (NON -AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS, AND MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR THE 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 OBJECTIVE: Adopt a Resolution fixing the date, time and place for the public hearing for approving the Special Assessment (Non -ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for the 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. CONSIDERATION: The County Commission as part of the actions related to the succession of the Pelican Bay Improvement District Board of Supervisors are committed to hold a Public Hearing within the Pelican Bay community. There is no specific date established (other than prior to the final adoption of the County -wide budget), but staff would recommend that the Board consider one of the following dates for the Public Hearing: Wednesday, September 1, 1999 6:00 P.M. Thursday, September 2, 1999 6:00 P.M. Thursday, September 9, 1999 6:00 P.M. to be held at 6:00 P.M., at the following location The Foundation Center 8962 Hammock Oak Drive Naples, Florida 34108 Pursuant to Section 197.3632, Florida Statutes, a Preliminary Assessment Roll (Non -ad Valorem Assessment Roll) must also be adopted between June 1 and September 15, 1999 in order to insure that the assessments can be placed on the Collier County Tax Collector's bills this year. Combining the adoption of the Preliminary Assessment Roll (Non -ad Valorem Assessment Roll) and the Budget Hearing in the Pelican Bay community, will provide for increased public AGE No. I 44) 'JUN 2 2 1999 Pg--z — Executive Summary Page 2 awareness of the Pelican Bay Services Division's budget and assessment for Fiscal Year 1999- 2000. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt a Resolution fixing the date, time and place for the public hearing for approving the Special Assessment (Non -ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for the 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. PREPARED BY: James P. Ward, Department Director Pelican Bay Services Division REVIEWED BY Ed I schner, Public Works Administrator DATE: r'I'- DATE: 6 1S S No. W JUN 2 2 1999 Pq "�'' 1 2 (SEAL) 3 4 SECTION FIVE. The Clerk is hereby ordered and directed to spread this Resolution in hill 5 among the minutes of this meeting for permanent record in his office. 6 SECTION SIX. This Resolution shall become effective immediately upon its passage. 7 This Resolution adopted this day of June, 1999, after motion, second Ulld 8 majority vote. 9 10 ATTEST: 11 DWIGHT E. BROCK, CLERK 12 13 14 15 16 Approved as to form and 17 legal sufficiency: 2(Y� k David C. Weigel 21Y County Attorney 22 23 24 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY PAMELA S. MAC'KIE, CHAIRWOMAN ADEN IT No. JUN 2 2 4999 PL-4-- I improvements within the boundaries of the District, landscaping improvements to the U.S 41 entrances within the boundaries of the Unit, the maintenance of the water management system, 3 and beautification of recreation facilities and median areas, during Fiscal Year 1999 -2000 4 between the County and each property owner of land within the Pelican Bay Municipal Service 5 Taxing and Benefit Unit will be held on ,1999 at 6:00 P.M. at The Foundation 6 Center, 8962 Hammock Oak Drive, Naples, Florida, at which time the Board of Cuunt� 7 Commissioners will hear objections of the owners of the properties within the Pelican WN,' 8 Municipal Service Taxing and Benefit Unit or other persons interested therein, to the adoption of 9 the preliminary assessment roll (non -ad valorem assessment roll). The Clerk shall keep a record 10 in which shall be inscribed, at the request of any person, firm or corporation having or claiming 11 to have any interest in any lot or parcel of land within the Unit, the name and post office address 12 of such person, firm or corporation, together with the brief description or designation of such lot 13 or parcel. The Clerk shall cause the notice of such public hearing to be published one time in the 14 Naples Daily News, a newspaper published in Collier County and circulating in the Unit, not less 15 than twenty (20) days prior to said date of the hearing. Notice of such public hearing to consider — 16 the adoption of the preliminary assessment roll (non -ad valorem assessment roll) shall also be 17 mailed first class mail to all the property owners on the preliminary assessment roll (non -,td 18 valorem assessment roll) at the address provided for on said roll. 19 SECTION FOUR. Notice of such hearing shall be in substantially the following form: 20 NOTICE 21 Notice is hereby given that the Board of County Commissioners of Collier County, 22 Florida, will meet on ,1999 at 6:00 P.M., The Foundation Center, 8962 Hammock 23 Oak Drive, Naples, Florida, for the purpose of hearing objections, if any, of all interested persons 24 to the adoption of the preliminary assessment roll (non -ad valorem assessment roll) allocating; 25 the assessable costs including Capital Reserve Funds for the maintenance of conservation or 26 preserve areas, U.S. 41 berms within the boundaries of the Unit, street sign replacements within 27 the median areas, landscaping improvements within the boundaries of the Unit, landscapinu, 28 improvements to the U.S. 41 entrances within the boundaries of the Unit, the maintenance 01' tlic 29 water management system, and beautification of recreation facilities and median areas within the 30 Pelican Bay Municipal Service Taxing and Benefit Unit which comprises and includes those 11 lands described as follows: 32 33 A tract of land being in portions of Sections 32 and 33, Township 48 South, 34 Range 25 East; together with portions of Sections 4, 5, 8 r—I 9, Township 49 35 South, Range 25 East, Collier County, Florida, being or, I the same as the No. I 44) JUN 2 2 1999 P� I 2 RESOLUTION NO. 99- 3 4 A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE 5 PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT 6 (NON -AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE 7 PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE 8 TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER 9 MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL 10 FACILITIES AND MEDIAN AREAS, AND MAINTENANCE OF 11 CONSERVATION OR PRESERVE AREAS, AND ESTABLISHMENT OF 12 CAPITAL RESERVE FUNDS FOR THE MAINTENANCE OF 13 CONSERVATION OR PRESERVE AREAS, U.S. 41 BERMS, STREET 14 SIGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS AND 15 LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL 16 WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND 17 BENEFIT UNIT. 18 19 WHEREAS, the Board of County Commissioners adopted Collier County Ordinance 20 No. 90 -111, as amended, creating the Pelican Bay Municipal Service Taxing and Benefit Unit 21 for the purpose of providing street lighting, water management, extraordinary law enforcement 22 service and beautification, including but not limited to beautification of recreational facilities, 23 sidewalk, street and median areas and the maintenance of conservation or preserve areas; and 24 WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to 25 adopt a non -ad valorem assessment roll for purposes of utilizing the uniform method of 26 collection. 27 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTN 28 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 29 SECTION ONE. This Resolution is adopted pursuant to the provisions of Ordinance No. 30 90 -111, as amended, and other applicable provisions of law. 31 SECTION TWO. It is hereby found and determined that a special assessment which includes 32 the establishment of Capital Reserve Funds for the maintenance of the water management 33 system, beautification of recreational facilities and median areas, and maintenance of' 34 conservation or reserve areas within the Pelican Bay Municipal Service Taxing and Benefit Unit 35 is necessary for funding the required payments for the operation, repair and maintenance of the 36 water management system, beautification of recreational facilities and median areas, aiul 37 maintenance of conservation and preserve areas during Fiscal Year 1999 -2000. 38 SECTION THREE. A public hearing before the Board of County Commissioners on th': 39 preliminary assessment roll (non -ad valorem assessment roll) of the estimated costs, including 40 Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 berms 41 within the boundaries of the Unit, street sign replacements within the median areas, landscaping; A6EN A I E No. � JUN 2 2 1999 P9:.1-L_ ..1 the Board decides each such lot or parcel has received or will receive on account 01' such improvements. The assessment so made shall be final and conclusive as to each lot or parcel 3 assessed unless proper steps are taken within twenty (20) days with a court of competent 4 jurisdiction to secure relief. 5 The Board will levy a special assessment (non -ad valorem assessment) for operations 6 and maintenance of the water management system and the beautification of the recreational areas 7 and median areas, and maintenance of conservation and preserve areas utilizing an Equivalent 8 Residential Unit based methodology. The total assessment for maintenance of the %�atei 9 management system, beautification of recreational facilities, and median areas, and mainteitanck• 10 of conservation or preserve areas is $1,682,600.00 which equates to $ 217.54 per Equivalent 11 Residential Unit based on 7734.82 assessable units. 12 The Board will levy a special assessment (non -ad valorem assessment) for 111e 13 establishment of Capital Reserve Funds for the maintenance and restoration of the conservation 14 or preserve areas, U.S. 41 berm improvements within the Unit, street sign replacement within the 15 median areas, landscaping improvements and U.S. 41 entrance improvements within the Unit, i utilizing an Equivalent Residential Unit based methodology. The total assessment for these 17 Capital Reserve Funds for the maintenance and restoration and landscaping improvements is 18 $617,800.00 which equates to $79.87 per Equivalent Residential Unit based on 7734.82 19 assessable units. 20 The special assessment (non -ad valorem assessment) will be collected by the Collier 21 County Tax Collector on the owner's ad valorem tax bill pursuant to Section 197.3632, Florida 22 Statutes. Failure to pay the special assessment (non -ad valorem assessment) and your property 23 taxes will cause a tax certificate to be sold against the property which may result in a loss of title 24 to the property. 25 Any person who decides to appeal a decision of the Board will need a record of the 26 proceedings pertaining thereto and therefore may need to ensure that a verbatim record of the 27 proceedings is made, which record includes the testimony and evidence upon which the appeal is 28 to be based. 29 30 BOARD OF COUNTY COMMISSIONERS 31 COLLIER COUNTY, FLORIDA 32 33 PAMELA S. MAC'KIE, CHAIRWOMAN 34 35 DWIGHT E. BROCK, CLERK 36 37 By: /s/ Maureen Kenyon a $ Deputy Clerk AGE=4) No. JUN 2 2 1999 Pq�_ I lands encompassed within the Pelican Bay Municipal Service Taxing and Benelit 2 Unit, the perimeter boundary of same more particularly described as follows: 3 Commencing at the Southeast corner of said Section 33; thence South 89 degrees 4 59 minutes 50 seconds West along the South line of Section 33 a distance of 5 150.02 feet to a point on the West right -of -way line of U.S. 41 (State Road 45), 6 said point also being the Point of Beginning; thence Southerly along the West 7 right -of -way line of said U. S. 41 (State Road 45) the following courses: South 8 00 degrees 58 minutes 36 seconds East a distance of 2.49 feet; thence South 00 9 degrees 55 minutes 41 seconds East a distance of 3218.29 feet; thence South 0l 10 degrees 00 minutes 29 seconds East a distance of 3218.56 feet; thence South 00 11 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; thence South 01 12 degrees 00 minutes 18 seconds East a distance of 2555.75 feet to a point on the 13 North right -of -way line of Pine Road as recorded in D.B. 50, Page 490, among the 14 Public Records of said Collier County; thence departing said U.S. 41 (State Road 15 45) South 89 degrees 09 minutes 45 seconds West along said North right -of -way 16 line a distance of 2662.61 feet; thence South 00 degrees 51 minutes 44 seconds 17 East a distance of 70.00 feet to a point on the North line of Seagate Unit I as 18 recorded in Plat Book 3, Page 85 among said Public Records; thence South 89 19 degrees 09 minutes 45 seconds West along said North line of Seagate Unit I and 20 the South line of said Section 9 a distance of 2496.67 feet to the Southwest corner 21 of said Section 9, thence continue South 89 degrees 09 minutes 45 seconds West a 22 distance of 225 feet more or less to a point on the mean high water line 23 established May 15, 1968; thence a Northwesterly direction along said mean high 24 water line a distance 15716 feet more or less; thence departing said mean high 25 water line South 80 degrees 29 minutes 30 seconds East and along the Southerly 26 line of Vanderbilt Beach Road (State Road 862) as recorded in D.B. 15, Page 121 27 among said Public Records a distance of 7385 feet more or less to a point on said 28 West right -of -way line of U. S. 41 (State Road 45); thence South 00 degrees 58 29 minutes 36 seconds East along said West right -of -way line a distance of 2574.36 30 feet to the Point of Beginning. 31 32 A copy of the preliminary assessment roll (non -ad valorem assessment roll) for each lot 33 or parcel of land to be assessed is on file at the Clerk to the Board's Office, County Government 34 Center, Administration Building, Fourth Floor, 3301 East Tamiami Trail, Naples, Florida and III 35 the offices of the Pelican Bay Services Division, 801 Laurel Oak Drive, Suite 605, Naples, 36 Florida, and is open to the inspection of the public. 37 All affected property owners have a right to appear and be heard at the public hearing and 38 to file written objections to the adoption of a resolution approving the preliminary assessment 39 roll (non -ad valorem assessment roll) with the Board within 20 days of this notice based upon the 40 grounds that it contains items which can not be properly assessed against property, that the 41 computation of the special assessment is incorrect, or there is a default or defect in the passage of 42 character of the resolution, or the preliminary assessment (non -ad valorem assessment) is void or 43 voidable in whole or part, or that it exceeds the power of the Board. At the completion of the 44 hearing, the Board shall either annul or sustain or modify in whole or in part the preliminary AGEN A E M0'-� 45 assessment (non -ad valorem assessment) as indicated on such roll, either by confirming the . 46 preliminary assessment (non -ad valorem assessment) against any or all lots or parcels described JUN 2 2 1999 Pp—IL- 47 therein or by canceling, increasing, or reducing the same, according to the special benefits "Melt EXECUTIVE SUMMARY 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 DRIVEWAY RESTORATION INTERESTS BY EASEMENT AS TO PARCELS 149 -153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 AND 320, FOR THE CONSTRUCTION OF THE FOUR LANE IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD, CIE NO. 62. OBJECTIVE: To adopt a Resolution to acquire 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 driveway restoration interests by easement as to Parcels 149 -153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320, (Resolution No. 99 -221) required to complete the four -lane roadway improvements for Golden Gate Boulevard between C. R. 951 and Wilson Boulevard, CIE No. 62, (hereinafter referred to as "the Project "). CONSIDERATION: On October 28, 1997, the Board of County Commissioners adopted Ordinance No. 97 -55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Resolution No. 97 -62 for CIE #62. On April 28, 1998, the Board of County Commissioners adopted Resolution No. 98 -107 authorizing the County Staff to acquire by gift or purchase certain easements and fee simple title to the property and property interests required and necessary for the four -lane roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project and the Board finds that the most feasible location for the additional road right -of -way for the construction of the Project is more particularly described in Exhibit "A" of the attached Resolutions. The Board of County Commissioners adopted Resolution No. 99 -221 on April 27, 1999, authorizing the acquisition by gift, purchase or condemnation of property interests necessary for the four - laning of Golden Gate Boulevard. This Resolution is being adopted to correct a scrivener's error identifying the type of interests to be acquired for Parcels 188, 216 and 320. Since staff will be unable to successfully negotiate with all of the remaining property owners to obtain a Temporary Driveway Restoration Easement on property that is currently vacant but may be developed prior to the completion of construction, staff is recommending that the Community Development and Environmental Services Division attempt to obtain a Temporary Driveway Restoration Easement from property owners when they apply for a building permit. The A H h £J1 NQ. ,S J U N 2 2 1999 PG. / Temporary Driveway Restoration Easement will allow Collier County to improve the driveway from the new sidewalk to the elevation of the driveway being constructed. FISCAL IMPACT: The right -of -way acquisition cost estimate has just recently been updated to reflect actual appraised values and all of the most recent design changes. Total acquisition costs, from Parcels 101A-112T, 114A -115T, 117-121T (Resolution No. 99 -222), 122A -123, 124T- 125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149 -153T, 155 -155T, 157 - 157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 (Resolution No. 99 -221) are estimated at $1,278,141, and includes all land, improvements, and severance damage pay -outs as well as all overhead costs and expenses which may be incurred through condemnation. Final judgment for those non - exclusive, perpetual easements and fee simple title interests referenced in Exhibit "A ", are required to complete the four -lane roadway improvements for the Project. Due to the number of parcels comprising this project, additional Resolutions for the remaining properties will need to be completed for this project and will be presented to the Board. (Resolution No. 99 -221 is being superseded by the attached Resolution as stated in the Consideration.) Funds are available in FY 99 and FY 00 in road construction gas taxes for the Golden Gate Boulevard Project Account No. 63041. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan for CIE #62. RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached 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 driveway restoration interests by easement which includes Parcels 149 -153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 (Resolution No. 99 -221) as to required to complete the four -lane roadway improvements for Golden Gate Boulevard between C. R. 951 and Wilson Boulevard. (Resolution No. 99 -221 is being superseded by the attached Resolution as stated in the Consideration.); and (2) Authorize the Chairman to execute the attached Resolution. �D PREPARED BY-- Deena L. Quinn, Senior Specialist Real Property Management Department DATE: 6 - 5 - s 5 REVIEWED BY: ./` f,-�l' DATE: A. N. Korti, Project Manager Public Works Engineering Department MO._ JUN PG. ��_ REVIEWED BY: REVIEWED BY: Richard Hellriegel, Senior Project Manager Public Works Engineering Department Bibby, Director A or"gineeopg Department DATE: DATE: %9 / APPROVED DATE: a Ed Dschner, Administrator Public Works Division NO. HG u Q r JUN 2 O2 1999- ---9 Pc. 3 I RESOLUTION NO. 99 -_ 2 3 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY 4 GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL, NON - 5 EXCLUSIVE, ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, 6 DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY 7 RESTORATION INTERESTS BY EASEMENT AS TO PARCELS 158T, 8 170A -172T, 174 -182, 184 -185T, 187T, 189 -191 FOR THE 9 CONSTRUCTION OF THE FOUR -LANING ROADWAY 10 IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 11 951 AND WILSON BOULEVARD PROJECT, CIE NO. 62. 12 WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted 13 Ordinance No. 97 -55 therein establishing the 1997 (Seventh Annual) Capital Improvement 14 Element of the Growth Management Plan in order to establish priorities for the design, 15 acquisition and construction of the various capital improvement projects. The Transportation 16 Element of the County's Comprehensive Plan was adopted in Ordinance No. 97 -62, and 17 1VHEREAS, the four - laning improvements to Golden Gate Boulevard Road between 18 C. R. 951 and Wilson Boulevard is one of the capital improvement projects required under the 19 Transportation Element of the County's Comprehensive Plan; and 20 WHEREAS, the Board of County Commissioners, on April 28, 1998, adopted 21 Resolution No. 98 -107 authorizing the County Staff to acquire by gift or purchase certain 22 easements and/or fee simple title to the property and property interests required and necessary 23 for the Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard 24 between C. R. 951 and Wilson Boulevard; and 25 WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three 26 (3) Resolutions for Parcels IOIA -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 27 122A -123, 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149- 28 153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 29 (Resolution No. 99 -221), authorizing the County Staff to acquire by gift, purchase or 30 condemnation certain easements and /or fee simple title to the property and property interests 31 required and necessary for the Golden Gate Boulevard four - laning roadway improvements of 32 Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and ;.acs Page 1 N� N 2 2 1999 PG. I WHEREAS, the parcels described in this Resolution include Parcels 158T, 170A -172T, 2 174-182, 184-185T, 187T, 189 -191; and 3 WHEREAS, the location for construction of the proposed improvements has been 4 fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" 5 attached hereto and incorporated herein. 6 WHEREAS, after consideration of the availability of alternate routes and locations, the 7 comparative costs of project alternatives, various impacts upon the environment, long range 8 planning options, and public safety considerations, the Board desires to exercise its right to 9 condemn property for public purposes. 10 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY I I COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the 12 Board that the construction of the four - laving roadway improvements for the Golden Gate 13 Boulevard between C. R 951 and Wilson Boulevard, (hereinafter referred to as "the Project ") 14 is necessary and in the public's best interest in order to protect the health, safety and welfare of 15 the citizens of Collier County. 16 AND IT IS FURTHER RESOLVED that construction of the Project is part of the 17 County's long range planning effort, and is included in the Transportation Element of the 18 County's Comprehensive Plan for Growth Management, as approved by the Florida 19 Department of Community Affairs. 20 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative 21 locations for the project, various impacts to the environmental, public safety and welfare 22 considerations associated with the design and construction of the project, and the costs 23 associated with the design, property rights acquisition, and construction of the project; and the 24 Board finds that after consideration of these issues, the most feasible location for construction 25 of the proposed improvements is collectively represented by the legal descriptions comprising 26 Exhibit "A" attached hereto and incorporated herein. 27 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, 28 it is necessary for the Board to acquire the various real property interests described Exhibit "A" 29 to wit: the perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance 30 and temporary driveway restoration interests by easement. Page 2 N` - r JUN 2 2 iv�4 PG .._,r I AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 2 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to 3 immediately acquire by gift, purchase or condemnation in accordance with the provisions of 4 Chapters 73, 74 and 127, Florida Statutes, the above - referenced real property interests more 5 particularly described in Exhibit "A ", attached hereto and incorporated herein. 6 AND IT IS FURTHER RESOLVED that no mobile homes are located on the property 7 sought to be acquired and therefore it will not be necessary to remove any mobile homes from 8 the property to be acquired. 9 This Resolution adopted on this day of 19___, after 10 motion, second and majority vote. 1 1 BOARD OF COUNTY COMMISSIONERS 12 OF COLLIER COUNTY, FLORIDA 13 ATTEST. 14 DWIGHT E. BROCK, CLERK By 15 PAMELA S. MAC'KIE, CHAIRWOMAN 16 17 Clerk 18 19 Approved as to form and 20 legal sufficiency: 21 22 23 24 eidi Ashton 25 Assistant County Attorney Page 3 AG- D /A�QL \T/6� ;l JUN 2 2 I' r PG. RESOLUTION NO. 99- A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION FEE SIMPLE TITLE INTERESTS AND /OR PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT, AS TO PARCELS 149 -153T, 155 - 155T,• 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 AND 320, FOR THE CONSTRUCTION OF THE FOUR- LANING ROADWAY IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD PROJECT, CIE NO. 62. 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 Golden Gate Boulevard Road between C. R. 951 and Wilson Boulevard 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 April 28, 1998, adopted Resolution No. 98 -107 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 Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard-, and WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three (3) Resolutions, for Parcels IOTA -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 122A -123, 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149 -153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 (Resolution No. 99 -221), authorizing the County Staff to acquire by gift, purchase or condemnation certain easements and /or fee simple title to the property and property interests required and necessary for the Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard, and WHEREAS, the parcels described in this Resolution include Parcels 149 -153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 and it shall supersede Resolution No. 99 -221, which included Parcels 149 -153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320; and 40. Page 1 JUN 2 2 1999 PG. 7 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, and 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 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 four - laning roadway improvements for the Golden Gate Boulevard between C R. 951 and Wilson Boulevard, (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. 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 1S FURTHER RESOLVED that the County Stall' 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 tite 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: the fee simple title interests and /or perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance and temporary driveway restoration 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 staff is 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 from the property to � be acquired. "c�yy"Qt j f Page 2 J ti iN L 2 I S; ,. PG. E AND IT IS FURTHER RESOLVED that this Resolution supersedes County Resolution No 99 -221, This Resolution adopted on this day of 19 after motion, second and majority vote BOARD OP COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By. PAMELA S. MAC'K1E, CHAIRWOMAN Clerk Approved as to form and legal sufficiency: eidi F. Ashton Assistant County Attorney 4 E'y � NC. AGE .Z(O I Page 3 JUN 2 2 1999 PG. EXHIBIT "A" (Attached) AGE�� '7- NO. �� U JUN '22 PG. I6 PROJECT NO. 63041 PROJECT PARCEL NO. 149 )110 NO. 3&,0&195 000V LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 150 feet of Tract 33, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. 150 FEET f WEST PROPERTY LINE i EXISTING RAN LINE i (GOLDEN GATE BLVD.) SOUTH PROPERTY LINE SCALE: finch = 100 feet EAST PROPERTY LINE k41 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT (EXISTING 50 FT. RNJ EASEMENT) dEORGE R. RICHMOND P.L.S: R 21 PUBLIC WORKS ENGINEERING DE 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 Collier County Real Property Management Department 06/30/90 y No. N PMPG. // ,� PROJECT: Golden Gate Boulevard PARCEL: 149 T FOLIO: 36861840004 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 35 feet of the North 15 feet of the South 80 feet of the East 150 feet of Tract 33, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. NO. A b D Q £ JUN L PG. �a E RGE R. RICHMOND P.L.S. 2406 PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMIAMI TRAIL NAPLES ,FLORIDA 34112 PROJECT NO. 63041 PROJECT PARCEL NO. 150 A da /o �G. .368 i '7 `-2 � LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The South 25 feet of the North 75 feet of the West 165 feet of Tract 47, Golden Gate Estates Unit No.5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. (GOLDEN GATE BLVD) (EXISTING 50 FT. RIN EASEMENT EXISTING RNJ LINE ................I ......... WEST PROPERTY LINE SOUTH PROPERTY LINE Collier County Real Property Management Department 25 FOOT SIDEWALK, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT 4 EAST PROPERTY LINE 165 FEET SCALE: i inch = 100 feet N �E E R. RICHMOND P.L.S. 2406 PUBLIC WORKS ENGINEERING DEPT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 12/04196 2:22 PM V _( s �j L'- r JUN 2 2 1939 PG. /.3 PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 150 AT 36812920009 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 102 feet of the South 20 feet of the North 95 feet of the West 165 feet of Tract 47, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. JUN 2 2 E` PG. �RGE R. RICHMOND P.L.S. � 406 PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMIAIAI TRAIL NAPLES, FLORZA 34112 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL r1 NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 150B 1- 0 1i• -'i, 3 1- 1 IZ,n4aaos "141BIT "I"", (100' R.O.W.) GOLDEN GATE BOULEVARD I- NORTH PROPERTY LINE EXIST, 50'R\% EASEMENT EXISTING RIGHT OF WAY LINE 25 FOOT DRAINAGE, SIDEWALK, UTILITY, & MAINTENANCE EASEMENT EAST 165 FEET OF TRACT 47 TRACT 47 a 50 Ica 2n WEST PROPERTY LINE EAST PROPERTY LINE PAREG OY� / DESCRIPTION I 185' 330' SOUTH PROPERTY LINE THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 165 FEET OF TRACT 47, GOLDEN GATE ESTATES,UNIT NO 5, AS 6 RECORDED IN PLAT BOOK 5,PAGE 91 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. GEORGE R. RICHMOND P. S. # 2406 PUBLIC WORKS ENGINEFRIN DEPT. 3301 EAST A TRAIL AG[ U.A ' T �� / NAPLES, FLORIDA RI MI 34112 Q/ � NO. DRAWN BY CHECKED BY SCALE DATE FILE NO 1' . 100' JULY 18, 1998 GGB150B SHEE 1 O 2 2 I� 15- +c7i 'i PROJECT.- Golden Gate Boulevard PARCEL: 150 BT FOLIO: 36812940005 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVE'o The West 30 feet of the East 80 feet of the South 5 feet of the North 80 feet of the East 165 feet of Tract 47, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. UN.29'L . 'M R15E R. RICHMCTND P.L.S. ar 2406 PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PROJECT NO. 63041 PROJECT PARCEL NO. 151 wo. 36 8& i ol yoe:�o/ EXHIBIT , , LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 34, LESS the East 30 feet thereof, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. I i i WEST PROPERTY LINE I I I I I i I I I I i i i 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT 61) It. I ................................................... (EXISTING 50' RAY EASEMENT) SOUTH PROPERTY LINE SCALE: 1Inch = IGO feet Collier County Real Property Management Department EAST PROPERTY LINE I I I I I I I I i I I N I i - EXISTING RAN LINES (GOLDEN GATE BLVD) — I - -- Aiac I A ?dT U . [7� EPAREfD Ej /y. GE LC WORKS McO EER!SO 9, JUN L 3301 EAST TAMIAMI TRAIL 1 7 NAPLES, FLORIDA 34112 PROJECT: Golden Gate Boulevard PARCEL: 151 T FOLIO: 36861940001 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 190 feet of the North 25 feet of the South 90 feet of Tract 34, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. • N0. JUN 2 2 iS29' PR ARED Y: / �.k/. ' RICHMOND P.L. . # 2 06 ORKS ENGINEERING DEPT. 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO (NOT A SURVEY) PROJECT PARCEL NO. 15041 (100' R.O.W ) GOLDEN GATE BOULEVARD 330' - - -- EXIST. 50' 21W EASEMENT -- --- - - - - --- - -' � - -�----+I 25 FO T ROAD RIGHT OF WAY, i DRAM AGE, SIDEWALK, UTILITY & MAIN IENANCE EASEMENT THE WEST 150 FEET TRACT48 WEST PROPERTY LINE -- 150' DESCRIPTION TRACT 48 - EAST PROPERTY LINE 330' SOUTH PROPERTY LINE THE SOUTH 25 FEET OF T1iE NORTH 75 FEET OF 11 i WEST 150 FEET OF TRACT 48, GOLDEN GATE ESTATES UNIT NO.5, AS RECORDED IN PLAT BOOK 4, PAGE 91 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA NOR II I PROPER IY LINE EXISTING RIGHT OF WAY LINE W i Lu I� Of I0) 1 0 50 100 200 P ARE [3Y- G1- � ............ . O GE R RICHMOND P.L. # 2406 PUBLIC WORKS ENGIN =E-RING DEPT. 3301 EAST TA'AIAMI TRAIL NAPLES, FLORIDA 34112 DRAWN BY CITECKED BY SCALE DATE FILE NO 1' = 100' JULY 16, 1998 GGB152 SHEET 1 OF 1 PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 152 T 36812960001 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) r The West 30 feet of the East 78 feet of the South 30 feet of the North 105 feet of the West 150 feet of Tract 48, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. 7 PR RED BY 7� i OR E R. CHI PUBLIC WO S E 3301 EAST T IAI NAPLES,FL IDA 2 2. i,:'j- r 1 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 3 � 813 oar � (NOT A SURVEY) PROJECT PA 41 PARCEL NO. 153 (100' R.O.W.) GOLDEN GATE BOULEVARD r-- NORlHPROPERlYLINE EXIST. 50' R1W 1 ASEMENT -- -- -- EXISTING RIGHT OF WAY LINE - --- -- --- --- ---- ---- --- --- -- ---- - -- 25 FOOT ROAD RIGHT OF WA DRAINAGE, SIDEWALK, UTILI Y. & MAINTENANCE EASEMENT I THE EAST 180 FEET LESS THE EAST 30 FEET OF TRACT 48 ' 0 50 too 200 FesF_ ' lU W H I� . 2 WEST PROPERTY LINE —� 0) EAST PROPERTY LINE N T CT 48 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 180 FEET LESS THE EAST 30 FEET THEREOF OF TRACT 48, GOLDEN GATE ESTATES UNIT NO. 5 AS RECORDED IN PLAT BOOK 4, PAGE 91, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA REPAPifD OY <� . <E.. _. ..... . ...< / / URGe R. ICHi,50NU P.L.S. k 2406 L/PUBLIC WORKS ENGINEERING DEPT. 3301 EAST'TAMIAMI TRAIL NAPLES, FLORIDA 34112 DRAWN BY CHECKED BY SCALE 1- = 100• DATE JULY 16, 1998 FILE NO. GGB153 SHtET 1 4 1 NO PC. N 2 2 t2, "D 9 CX14I81T "A" PROJECT: Golden Gate Boulevard PARCEL: 153 T FOLIO: 36813000009 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The South 30 feet of the North 125 feet of the West 20 feet of the East 50 feet of the East 180 feet of Tract 48, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. PARED B /� / //G� RI HMOND L. 0 24D6 (/ PUBLIC WORKS ENGINEERING DEPT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 [NO. UN 2 2 . PROJECT NO. 63041. ' PROJECT PARCEL NO. 155 `&,0 Ale,' 3�8 38d d0�' y LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 63, LESS the West 30 feet thereof, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. H PROPERLY 130 FT 30 FTI 300 FEET I 1 I I 1 I I I I I I I I I I I I I I I WEST PROPERTY LINE I I I I I I I I I I I I EXISTING R1W LINES ; 60 It. I I 15 FOOT DRAINAGE, UTILITY j— AND MAINTENANCE EASEMENT I I 1_ _ _ _.._.._.I L... ... ......._.._.._.._.__. I (EXISTING 50' RAN EASEMENT) SOUTH PROPERTY LINE SCALE. Iinch = 100 feet EAST PROPERTY LINE wI (GOLDEN GATE BLVD) PR RED BY: . ip. ORGEE R RICHMOND P. 5.1 PUBLIC WORKS ENGINEERING 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 NO. N 2 2 1 - Collier County Real Property Management Department 06/30196 5 PM PG. 3 PROJECT: Golden Gate Boulevard PARCEL: 155 T FOLIO: 36863880004 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 175 feet of the North 15 feet of the South 80 feet of Tract 63, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. Nir . I JUN 2 2 IS/EC;-RGE R. RICHMOND P.L.S. # 2406 PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PROJECT NO. 63041 PROJECT PARCEL NO. 157 Fo1 *,o ^J°- 3b(�Co34(a0005 LEGAL DESCRIPTION & SKETCH ' "p (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 150 feet of Tract 64, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. 150 FEET WEST PROPERTY LINE EAST PROPERTY LINE w 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING RAN LINE - -- (GOLDEN GATE BLVD.) I (EXISTING 50 FT. RAN EASEMENT) SOUTH PROPERTY LINE / PRE RED BV: / E ��. SCALE: finch = 100 feet 0 RG��� RMOND P. t 740 BLIC WORKS ENGINEERING DEPT. 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 Cr,lliAr C;;un�� 'ea'. Property :'.13ragement Department 08130198 PROJECT: Golden Gate Boulevard PARCEL: 157 T FOLIO: 36863960005 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the North 20 feet of the South 95 feet of the East 180 feet of Tract 64, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. P PARE r/, .. .. lKt 7 a.....�.... y/ �� .... { 0 1 L7 5 FOR E R. RICHMOND P.L. 2406 PUBLIC WORKS ENGINEERING EPT. 3301 EAST TAMIAMI TRAIL ! NAPLES, FLGRIDA 34112 kg` 7 F emu. PROJECT: Golden Gate Boulevard PARCEL: 158T FOLIO: 36864000003 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the North 10 feet of the South 75 feet of the East 180 feet of Tract 64, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. D BY: A!ItORGt R. cICNMOYVD P.L.S #, 24b5 PUBLIC WORKS ENGINERINMO 3301 EAST TAMIAMI TRA NAPLES, FLORIDA 341121 `` ! 1I Jvla L Prr:�G G PROJECT NO. 63041 PROJECT PARCEL NO. 159 /)0 3&8 7 LEGAL DESCRIPTION & SKETCHEilEt[ 'a (NOT A SURVEY) The North 15 feet of the South 65 feet of the West One Half (1/2) of Tract 65, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. 165 FEET WEST PROPERTY LINE I I EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING RM LINE (GOLDEN GATE BLVD.) I (EXISTING 50 FT. PAY EASEMENT) SOUTH PROPERTY LINE ...�.- ..�.,,�...,�� SCALE: 1 Inch = 100 feet EORtCHMOND P L S. t zoos PUBLIC WORKS ENGINEERING DEPT. 4 ry n 3301 EAST TAMIAMI TRAIL � �� 2 />1 L f �.9, 91 NAPLES, FLORIDA 34112 z. Collier County Real Property Management Department 0firingR 5�1P1' " ^`"� -•- - - -- PROJECT: Golden Gate Boulevard PARCEL: 159 T FOLIO: 36864080007 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 70 feet of the North 15 feet of the South 80 feet of the West One Half (112) of Tract 65, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. GORG R. RICHMO 1'. P BLIC WORKS ENGE 3301 EAST TAMIAMI T IL NAPLES FLORIDA 34 J'J 22i.S09 PG. 06 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 I SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 160 (100' R.O.W.) } GOLDEN GATE BOULEVARD NORDIPROPERTYUNE 330, -- EXIST 50' R \W F ASEMENT - -- — j EXISTING RIGHT OF WAY LINE 25 FOOT DRAINAGE, SIDEWALK, UTILITY, & MAINTENANCE EASEMENT THE WEST 180 FEET II TRACT 79 0 :,0 100 200 WEST PROPERTY LINE- 79 -- EAST PROPERTY LINE 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF WEST 180 FEET OF TRACT 79, GOLDEN GATE ESTATES UNIT NO. 5, AS RECORDED IN PLAT BOOK 4, PAGE 91, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY CHECKEDBY I SCAlE DATE 1" : 100 JULY 16, 1998 �R6PAR V / GEORGE R. RICHMOND P4 2406 PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMIANII TRAIL NAPLES. FLORIDA 34112 GGB160 I SHEET 1 OF 1 e TAB "!IB)t "/K i PROJECT: Golden Gate Boulevard PARCEL: 160 T FOLIO: 36815240003 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 85 feet of the South 25 feet of the North 100 feet of the West 180 feet of Tract 79, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. PR ri AR ...� .. ......... .�yl� EORGE R. RICHMOND P.L. . # 2406 PUBLIC WORKS ENGINE RT_ - 3301 EAST TAMIAMI T L NAPLES, FLORIDA 3411 NO •._._�7� i J _ Pu. 3a PROJECT NO. 63041 PROJECT PARCEL NO. 161 '6/'o /klO . The North 15 feet of the South 65 feet of the East One Half (1/2) of Tract 65, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. 165 FEET j WEST PROPERTY LINE I 14 EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY N AND MAINTENANCE EASEMENT EXISTING R/W LINE GOLDEN GATE BLVD. fi (EXISTING 50 FT. RM! EASEMENT -- SOUTH PROPERTY LINE P AIRE�V _ Ak SCALE: 1 Inch 100 feel PUBLIC R. RICHMOND P.L. . f 2406 PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 U' L {J J J Collier County Real Pmperty Management Department 0623/9810:0�M 1 i� OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO (NOT A SURVEY) PROJECT PARCEL NO. 60241 (100' R 0_W ) GOLDEN GATE BOULEVARD N011111 PROPER1Y1114E 330' EXIST. 50' R\W F ASEMENT - -1 EXIS TING RIGHT OF WAY LINE 25 FOOT DRAINAGE, SIDEWALK, UTILITY, ' 8 MAINTENANCE EASEMENT THE EAST 150 FEET TRACT 79 TRACTI 79 WEST PROPERTYLINE -- 180' 150' 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF EAST 150 FEET OF TRACT 79, GOLDEN GATE ESTATES UNIT NO. 5 AS RECORDED IN PLAT BOOK 4, PAGE 91, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY CHECKED BY SCALE DATE I FILE NO. 1" = 100 JULY 16, 1998 GG8162 0 x. 50 o 100 200 -- EASI PROPIRTYLINE GEORGE R. RICHMOND P.L.S. F 2406 PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 1 �c JUN 2 Z 41 PG. PROJECT: Golden Gate Boulevard PARCEL: 162 T FOLIO: 36815280005 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEI) The West 30 feet of the East 66 feet of the South 20 feet of the North 95 feet of East 150 feet of Tract 79, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. ;PR 'ARE � / EORGE R. RIC ON PUBLIC WORKS ENGII 3301 EAST TAMIAMI Tf NAPLES, FLORIDA 341 UN nn f dJ OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 26g/53�00 o y (NOT A SURVEY) PROJECT PARCEL NO. 141 64 (100' R.O.W.) GOLDEN GATE BOULEVARD — NORTH PROPERTY LINE I EXIST. 50' R1W EASEMENT EXII TING RIGHT OF WAY LINE f 25 FOOT ROAD RIGHT OF WAY DRAINAGE, SIDEWALK, UTILITY, 8 MAINTENANCE EASEMENT i . H TRACT 80 i w o — 10 I- x co N WEST PROPERTY LINE — EAST PROPERTY LINE 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF TRACT 80 LESS THE EAST 30 FEET THEREOF,GOLDEN GATE ESTATES UNIT NO 5, AS RECORDED IN PLAT BOOK 4, PAGE 91 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. DRAWN BY CHECKED BY I SCALE DATE FILE NO 1' 100' JULY 16, 1998 GGB164 PRE .7.. -:.ED 9V�`��./.���� GEORGfE /R`fRICI-NAOMO P.L.S. 0 2406 (((///PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 raa' :e• 7f- i 1"N . SHEET 1 O 1 i �2 12`9 / L 6Z': DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 1BO FEET OF TRACT 81 LESS THE WEST 30 FEET THEREOF, GOLDEN GATE ESTATES UNIT NO. 5 AS RECORDED IN PLAT BOOK 4, PAGE 91 OF THE PUBLIC RECORDS OF COLLIER COUNTY.FLORIDA. DRAWN BY CIIECKED BY SCALE DATE FILE NO i' - 100' JULY 16, 1998 GGB166 ZeG R RI;;HMOND P.L. M 2406 PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMIAM TRAIL NAPLES, FLORIDA 34112 2 2 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 36915VO006 S (NOT A SURVEY) PROJECT PARCEL NO. 166 EXHIBIT "A" (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE 30' EXIST. 50' R1W ASEMENT - EXISTING RIGHT OF WAY LINE T- 125 FOOT ROAD RIGHT OF AY DRAINAGE, SIDEWALK, Ul ILITY, 6 MAINTENANCE EASEME T I I I W LL I wo 3 m rI rim LLI Ul I_0 0 50 100 200 WEST PROPERTY LINE -- i TRACT 81 I EAST PROPERTY LINE I 150' 180, 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 1BO FEET OF TRACT 81 LESS THE WEST 30 FEET THEREOF, GOLDEN GATE ESTATES UNIT NO. 5 AS RECORDED IN PLAT BOOK 4, PAGE 91 OF THE PUBLIC RECORDS OF COLLIER COUNTY.FLORIDA. DRAWN BY CIIECKED BY SCALE DATE FILE NO i' - 100' JULY 16, 1998 GGB166 ZeG R RI;;HMOND P.L. M 2406 PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMIAM TRAIL NAPLES, FLORIDA 34112 2 2 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO 63041 (NOT A SURVEY) PROJECT PARCEL NO. 168 rc'14414 'I .R %S4400co+ GOLDEN GATE BOULEVARD NORTH PROPERTY LINE 100'ROW. EXIST 50' R1W EASEMENT EXISTING RIGHT OF WAY LINE - -- --- -- -- --- ---- -- --- -- - -- --- 1 - --- -- - �1- - - - - -- - - - - - - - - - - - - - - - - 25 FOOT DRAINAGE, SIDEWALK, UTILITY, - 8 MAINTENANCE EASEMENT II II I 1A`;� 'I 0 50 100 200 WEST PROPERTY', INE ' -. SOUTH PROPERTY LINE DESCRIPTION THE SOUTH 25 FEET OF THE NORTH 75 FEET OF TRACT 82, GOLDEN GATE ESTATES, UNIT NO 5, AS RECORDED IN PLAT BOOK 4, PAGE 91, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN By CHECK.ECBY S::4LE 1147E 1" = 100' APRIL 7, 1999 EAST PROPERTY LINE PREPARED�/ ,�ORGE R. RICHMOND P.L.S # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 GG6168 SHEET 1 01 1 I t!! 1 11 ,r < F PROJECT NO. 63041 PROJECT PARCEL NO. 169 FoIiC'4 3L'Bb1.0`I03003 LEGAL DESCRIPTION & SKETCH FRHIBIT (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 96, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. WEST R! EXISTiN, Collier County Real F PROJECT NO. 63041 1 PROJECT PARCEL NO. 188 1 Fotlo-": 3 (. C1 (' t01o00-� FEE SIMPLE TITLE LEGAL DESCRIPTION I& SKETCH (NOT A SURVEY) The West 180 feet of Tract 17, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. Collier County Real Property Management Department SCALE 1 inch = 1004vt / E RGE R. RICHMOND 5. p 2406 PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 Aug S 0) , r n 04/081991:1 J PM U L s i P(L. wa PROJECT NO. 63041 PROJECT PARCEL NO. 216 Doti +off•, 31.gb5Sb000� �,fHi>31i 0 ,. FEE SIMPLE TITLE LEGAL DESCRIPTION 84 SKETCH (NOTA SURVEY) The West 180 feet of Tract 81, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. H (EXISTING 50 FT RM' EASEMENT) I I EXISTING RIW LINES -I I I I I I I I I I I I I WEST PROPERTY LINE I I EAST PROPERTY LINE I I 1 I i I i i N • 30 FT 30 FT 150 FEET SOUTH PROPERTY LINE P ARIIrHMO�6­�'6. 0 406 S CALE 1 inch = 10101ee! / FOR S r ieos PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 Collier County Real Property Management Department 04108199 1:17 F JUN 2 2 131D _'// ' PROJECT NO. 63041 PROJECT PARCEL NO. 320 �olosy: 3"��1,39adoo3 FEE SIMPLE TITLE LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The West 180 feet of Tract 52, Golden Gate Estates Unit No. 12, as recorded in Plat Book 4, Page 105 of the Public Records of Collier County, Florida. (EXISTING 50 FT. R(W EASEMENT) — - - - — -- — — - - — I I EXISTING R/W LINES - -I I I I I I I I I t I i I WEST PROPERTY LINE I EAST PROPERTY LINE I I i I I I N i I - i i '30fT 30 FT' 150 FEET SOU1H PROPERTY LINE PR ARED�.R 6K.�..�� SCALE 1 inch = 100 /eel R RICHMOND P.L S. 0 2405 RKS ENGINEERING DEPT. 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 Collier County Real Property Management Depanmenl 0410091:20 PM J' I 2 EXECUTIVE SUMMARY ADOPT THREE (3) RESOLUTIONS AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL, NON - EXCLUSIVE, ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT AS TO PARCELS 158T, 170A -172T, 174 -182, 184 -185T, 187T, 189 -191; PARCELS 192, -193T, 195 -197T, 199 -210T; and PARCELS 211 -213T, 215 -215T, 217- 220CT, 222 -227, 229 -231 FOR THE CONSTRUCTION OF THE FOUR LANE IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD, CIE NO. 62. OBJECTIVE: To adopt three (3) Resolutions to acquire by gift, purchase or condemnation perpetual, non - exclusive, road right -of -way, sidewalk, utility, drainage, maintenance and temporary driveway restoration interests by easement as to Parcels158T, 170A -172T, 174 -182, 184 -185T, 187T, 189 -191; Parcels 192, -193T, 195 -197T, 199 -210T; and Parcels 211 -213T, 215 -215T, 217- 220CT, 222 -227, 229 -231, required to complete the four -lane roadway improvements for Golden Gate Boulevard between C. R. 951 and Wilson Boulevard, CIE No. 62, (hereinafter referred to as "the Project "). CONSIDERATION: On October 28, 1997, the Board of County Commissioners adopted Ordinance No. 97 -55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Resolution No. 97 -62 for CIE #62. On April 28, 1998, the Board of County Commissioners adopted Resolution No. 98 -107 authorizing the County Staff to acquire by gift or purchase certain easements and fee simple title to the property and property interests required and necessary for the four -lane roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project and the Board finds that the most feasible location for the additional road right -of -way for the construction of the Project is more particularly described in Exhibit "A" of the attached Resolutions. Since staff will be unable to successfully negotiate with all of the remaining property owners to obtain a Temporary Driveway Restoration Easement on property that is currently vacant but may be developed prior to the completion of construction, staff is recommending that the Community Development and Environmental Services Division attempt to obtain a Temporary Driveway Restoration Easement from property owners when they apply for a building permit. The Temporary Driveway Restoration Easement will allow Collier County to improve the driveway from the new sidewalk to the elevation of the driveway being constructed. N0. AGE : TN,' JUN 2 2 IK-9 PG. / FISCAL IMPACT: The right -of -way acquisition cost estimate has just recently been updated to reflect actual appraised values and all of the most recent design changes. Total acquisition costs, from Parcels 158T, 170A -172T, 174 -182, 184 -185T, 187T, 189 -191; Parcels 192, -193T, 195 - 197T, 199 -210T; and Parcels 211 -213T, 215 -215T, 217- 220CT, 222 -227, 229 -231 are estimated at $788,589 and includes all land, improvements, and severance damage pay -outs as well as all overhead costs and expenses which may be incurred through condemnation. Final judgment for those non - exclusive, perpetual easements referenced in Exhibit "A ", are required to complete the four -lane roadway improvements for the Project. Due to the number of parcels comprising this project, additional Resolutions for the remaining property will need to be completed for this project and will be presented to the Board. (Please note three (3) previous Resolutions were presented to the Board of County Commissioners on April 27, 1999, and were approved. They were Resolution Nos. 99 -220, 99 -221 and 99 -222 for this project. Resolution No. 99 -221 is being superseded by another Resolution being presented at this Board of County Commissioners meeting. This superseded Resolution is being presented to correct a scrivener's error identifying the type of interests to be acquired for Parcels 188, 216 and 320.) Funds are available in FY 99 and FY 00 in road construction gas taxes for the Golden Gate Boulevard Project Account No. 63041. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan for CIE #62. RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Resolutions authorizing the acquisition by gift, purchase or condemnation of the perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance and temporary driveway restoration interests by easement as to Parcels 158T, 170A -172T, 174 -182, 184 -185T, 187T, 189 -191; Parcels 192, -193T, 195 -197T, 199 -210T; and Parcels 211 -213T, 215 -215T, 217- 220CT, 222 -227, 229 -231, required to complete the four -lane roadway improvements for Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and (2) Authorize the Chairman to execute the attached Resolutions. PREPARED REVIEWED BY: Deena L. Quinn, Senior Specialist Real Property Management Department A. N. Korti, Project Manager Public Works Engineering Department DATE: b -i 7i DATE: - �,/, ! `y 0.GENP .1 JUN 2 2 19 F REVIEWED BY: --e� Richard Hellriegel, Senior Project Manager Public Works Engineering Department REVIEWED BY: DATE: DATE: Z/1A I Jeifii�ifBibby, Director Public Works Engineering Department APPROVED BY: DATE: Ed Ilschner, Administrator Public Works Division AiaC"A� �—'5.-. NO JUN 2 2 PG. 3 RESOLUTION NO. 99- A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT, AS TO PARCELS 158T, 170A -172T, 174 -182, 184 -185T, 187T, 189 -191, FOR THE CONSTRUCTION OF THE FOUR- LANING ROADWAY IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD PROJECT, CIE NO. 62. 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 Golden Gate Boulevard Road between C. R. 951 and Wilson Boulevard 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 April 28, 1998, adopted Resolution No -- 98 -107 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 Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three (3) Resolutions for Parcels 101A -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 122A -123, 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149 -153T, 155 -155T, i 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 (Resolution No. 99 -221), authorizing the County staff to acquire by gift, purchase or condemnation certain easements and/or fee simple title to the property and property interests required and necessary for the Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard, and WHEREAS, the parcels described in this Resolution include Parcels 158T, 170A -172T, 174- 182, 184 -185T, 187T, 189 -191; and S 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; and Page 1 C' 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 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 four - laning roadway improvements for the Golden Gate Boulevard between C. R. 951 and Wilson Boulevard, (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. 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: the perpetual, non- exclusive road right -of -way, sidewalk, utility, drainage, maintenance and temporary driveway restoration 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 staff is 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 locatad 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. r8 Page 2 2 EG: This Resolution adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Clerk Approved as to form and legal sufficiency: eidi F. Ashton Assistant County Attorney day of 19� after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN 1 RESOLUTION NO. 99- 2 3 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY 4 GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL, NON - 5 EXCLUSIVE, ROAD RIGHT- OF-WAY, SIDEWALK, UTILITY, 6 DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY 7 RESTORATION INTERESTS BY EASEMENT AS TO PARCELS 158T, 8 170A -172T, 174 -182, 184 -185T, 187T, 189 -191 FOR THE 9 CONSTRUCTION OF THE FOUR -LANING ROADWAY 10 IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 11 951 AND WILSON BOULEVARD PROJECT, CIE NO, 62. 12 WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted 13 Ordinance No. 97 -55 therein establishing the 1997 (Seventh Annual) Capital Improvement 14 Element of the Growth Management Plan in order to establish priorities for the design, 15 acquisition and construction of the various capital improvement projects. The Transportation 16 Element of the County's Comprehensive Plan was adopted in Ordinance No. 97 -62; and 17 WHEREAS, the four - laning improvements to Golden Gate Boulevard Road between 18 C. R. 951 and Wilson Boulevard is one of the capital improvement projects required under the 19 Transportation Element of the County's Comprehensive Plan; and 20 WHEREAS, the Board of County Commissioners, on April 28, 1998, adopted 21 Resolution No. 98 -107 authorizing the County Staff to acquire by gift or purchase certain 22 easements and/or fee simple title to the property and property interests required and necessary ' 23 for the Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard 24 between C. R. 951 and Wilson Boulevard; and 25 WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three s 26 (3) Resolutions for Parcels 101A -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 27 122A -123, 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149- 28 153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 29 (Resolution No. 99 -221), authorizing the County Staff to acquire by gift, purchase or 30 condemnation certain easements and/or fee simple title to the property and property interests F 31 required and necessary for the Golden Gate Boulevard four- laning roadway improvements of 32 Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and ac o Air Page 1 :d;t�1'i L 2 (� E Pa I WHEREAS, the parcels described in this Resolution include Parcels 158T, 170A -172T, 2 174 -182, 184 -185T, 187T, 189 -191; and 3 WHEREAS, the location for construction of the proposed improvements has been 4 fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" 5 attached hereto and incorporated herein. 6 WHEREAS, after consideration of the availability of alternate routes and locations, the 7 comparative costs of project alternatives, various impacts upon the environment, long range 8 planning options, and public safety considerations, the Board desires to exercise its right to 9 condemn property for public purposes. 10 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 11 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the 12 Board that the construction of the four - laning roadway improvements for the Golden Gate 13 Boulevard between C. R. 951 and Wilson Boulevard, (hereinafter referred to as "the Project ") 14 is necessary and in the public's best interest in order to protect the health, safety and welfare of 15 the citizens of Collier County. 16 AND IT IS FURTHER RESOLVED that construction of the Project is part of the 17 County's long range planning effort, and is included in the Transportation Element of the 18 County's Comprehensive Plan for Growth Management, as approved by the Florida 19 Department of Community Affairs. 20 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative 21 locations for the project, various impacts to the environmental, public safety and welfare i 22 considerations associated with the design and construction of the project, and the costs 23 associated with the design, property rights acquisition, and construction of the project; and the 24 Board finds that after consideration of these issues, the most feasible location for construction 25 of the proposed improvements is collectively represented by the legal descriptions comprising 26 Exhibit "A" attached hereto and incorporated herein. 27 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, 28 it is necessary for the Board to acquire the various real property interests described Exhibit "A" 29 to wit: the perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance 30 and temporary driveway restoration interests by easement. Page 2 I AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 2 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to 3 immediately acquire by gift, purchase or condemnation in accordance with the provisions of 4 Chapters 73, 74 and 127, Florida Statutes, the above- referenced real property interests more 5 particularly described in Exhibit "A ", attached hereto and incorporated herein. 6 AND IT IS FURTHER RESOLVED that no mobile homes are located on the property 7 sought to be acquired and therefore it will not be necessary to remove any mobile homes from 8 the property to be acquired. 9 This Resolution adopted on this day of 19_, after 10 motion, second and majority vote. 11 12 13 ATTEST: 14 DWIGHT E. BROCK, CLERK 15 16 17 Clerk 18 19 Approved as to form and 20 legal sufficiency: 21 22 23 24 Midi F. Ashton 25 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Page 3 wo- -= A ? ErG 1 JUN 2 2 1999 PG. Parcel No. 158 T X01, o �► : � b 8 io'i o44�� I Temporary Driveway Restoration Easement The West 30 feet of the North 25 feet of the South 90 feet of the East 180 feet of Tract 64, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. .r /" 6E E R. RIChMON� P.L.S. / PUBLIC WORKS WORKS ENGINEERING DEPT. 3307 EAST TAMNMI TRAIL WO. JUN 2 2 99 PG. /4 PROJECT NO. 63041 PROJECT PARCEL NO. 170 A �-ol o �toi l 8 a'00? LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The South 25 feet of the North 75 feet of the West 165 feet of Tract 111, Golden Gate Estates Unit No.5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. EXIS, ... ... ............................ 24 8C4(E, 1%/1CI1 = 1Gb/ee1 PUBLIC RGE R. RICHMOND P.L.S. • 2406 PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMLW TRAIL NAPLES, FLORIDA 34112 Cdker County Real Proparty Ma mgament Depadment 0511/1/99 9:45 AM PROJECT NO. 63041 PROJECT PARCEL NO. 170 B 1 C 01(0-a- S('011000001 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) SDUE (170 B) - The South 25 feet of the North 75 feet of THE East One Half (112) of Tract 111, LESS the East 50 feet thereof, Golden Gate Estates Unit No.5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. RANDUE (170 C) - The South 25 feet of the North 75 feet of the East 50 feet of Tract 111, Golden Gate Estates Unit No.5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. Collier County Real Property Management Department WEST PROPERTY LINE 165 FEET SOUTH PROPERTY LINE SCALE.• 1/1704 = foo4vt N M EPA Q ......... ...... ..4...........................y GE E R. RICHMOND PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMLAPA TRAIL NAPLES, FLORIDA 34112 05126199 9:96 AM (EXISTING SO FT. 1 -- •_- •_.._• . 25 FOOT SIDEWALK, DRAINAGE -- _..... EXISTING IihN LINE AND UTILITY EASEMENT (SDUE) 25 FOOT RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT IR/WDUE) Collier County Real Property Management Department WEST PROPERTY LINE 165 FEET SOUTH PROPERTY LINE SCALE.• 1/1704 = foo4vt N M EPA Q ......... ...... ..4...........................y GE E R. RICHMOND PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMLAPA TRAIL NAPLES, FLORIDA 34112 05126199 9:96 AM PROJECT NO. 63041 PROJECT PARCEL NO. 171 Fo lie it: 31e8 u (e1 a, 000 1 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 180 feet of Tract 97, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. 180 FEET N 15 FOOT AND ENAN66 EXISTING RAN LINE NO. ............... .............. I iiNV IIA 1NT� .i .. (GOLDEN GATE BLVD.) � (EXISTI 50 FT. SOUTH PROPERTY LINE 7 EPARE SCALE: 11nd1 = ioo feel PUBLIOER. RICKMOND P C WORKS ENGINEERP 3301 EAST TAMAM TRAIL NAPLES, FLORIDA 34112 Collier County Roil Properly Management Department 06/30198 5:31 PM EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEIL The East 30 feet of the West 64 feet of the North 10 feet of the South 75 feet of the West 160 feet of Tract 97, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. ,r IAR NO.��?'' JUN 2 2 1999 PG./ i 1 I 1 i I ,r IAR NO.��?'' JUN 2 2 1999 PG./ ` OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION, (NOT A SURVEY) PROJECT.NO S ,�1{ 8304 PROJECT PARCEL NO,I,'172q ' •i (100' R.O,W.) GOLDEN GATE: BOULEVARD NORTH PROPERTY LINE F 330' - A EXIST. 50' 11W EASEMENT EXISTING RIGHT OF WAY LINE 5 FOOT ROAD RIGHT OF V lAY +, DRAINAGE, SIDEWALK, UT LITY, 8 MAINTENANCE EASEMEI IT Y11 'I 1 :i ul p I60 100 100 THE WEST 150 FEET OF TRACT 112 I I l� -EAST PROPERTY LINE WEST PROPERTY LINE I / TRACT 112 i 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 150 FEET OF TRACT 112, GOLDEN GATE ESTATES UNIT NO. 5, AS RECORDED IN PLAT BOOK 4, PAGE 91, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EPARED���% . GEORGE R. RICF4AONd .LS.12406? PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TA IW TRAIL N0. DRAWN BY CHECKED BY SCALE DATE JULY 18, 1998 FILE NO GOB172 1" • 100 PG. r } Project No. 63041 Parcel No.: 172 T polio -U 1 3f %I- IBYdao3 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEI) The West 60 feet of the South 30 feet of the North 105 feet of the West 150 feet of Tract 112, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. SPARED PUBLIC WORK 3301 EAST T L :�[ [rf' riAP�es, FI.oR 3+ttR /- A Y J JUN 2 2 M9 PG. /c-- Y OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 174 ft,L.LO RD. 36$�'ia$oao5 a (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE EXIST. 50' 1W EASEMENT— EXISTING RIGHT Of WAY LINE o it to L) i pU 12o� I I THE EAST 180 FEET OF TRACT 112 i D ,00 po ;w TRACT 112 i N WEST PROPERTY LINE / EAST PROPERTY LINE I I I I 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 180 FEET LESS THE EAST 30' OF TRACT 112, GOLDEN GATE ESTATES UNIT NO.5 AS RECORDED IN PLAT BOOK 4, PAGE 91, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA DRAWN BY CHECKED SY SCALE DATE 1. ■ 100 JULY 18, 1998 GGB174 r P _ ED 1 GE P_ FJ ND P.L.$. S D3," PUBLIC WORIO EWNEc`eIW DEPT./ 3301 EAST TAMAM TRA14 NAPLES, FLORIDA 3411 2y.. < e % L. PG. mm PROJECT NO. 63041 PROJECT PARCEL NO. 175 3t'i 6V0V00O3 LEGAL DE &SKETCH The North 15 feet of the South 65 feet of Tract 127, LESS the West 3O feet thereof, Golden Gate Estates Unit No. 6, as recorded in p(Elt Book 4, Page 93ofthe Public Records of Collier County, Florida. � . . . . | � . . . . . . . . . . . . ' \ . . . . � | . . . . . . . . / | . . . . | \ . . � | . . . . | | . . 3DO FEET NEST PR�qhTY LINE / EAST PROPERTY U . . . . | | . . . . . . . . | | . . . . / | . . . . | | EXISTING m*LINES wI'l. . . . . 15 roo` AND MAINTENANCE EASEMENT NO. | � \ .............................................. � (DUSTING 50 FT. RM EASEMENT) 0 GATE L- -LC | cwmumw*malproperty MBoagwnemmpa*ml ^ SCALE: 11 kch - 10D lost / / PUBLIC W E DEPT. 3301 EAST T NAPLES.FLORIDA 11 ' moOAS mmpw I -IL A T-1 L3 OFFIt,,E OF CAPITAL Pi.OJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 176A ToL.To No 8681�q�0004 (100' R.O.W.) GOLDEN GATE BOULEVARD r NORTH PROPERTY LINE L- EXIST. 50' RlW EASEMENT-1 EXISTING RIGHT OF WAY LINE — ..LS9..{- ..J_- - -1 - - - - - - - — -- 125 FOOT ROAD RIGHT OF WAY DRAINAGE, SIDEWALK, UTILITY, I & MAINTENANCE EASEMENT IlL A 25 FOOT DRAINAGE, SIDEWALK, UTILITY, & MAINTENANCE iEASEMENT I'FI,B vii I �I �I N WEST PROPERTY DESCRIPTION: TRACT 113 SOUTH PROPERTY LINE ROAD RIGHT OF WAY, DRAINAGE, SIDEWALK,UTILITY & MAINTENANCE EASEMENT: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 160 FEET OF TRACT 113, LESS THE WEST 30 FEET THEREOF GOLDEN GATE ESTATES UNIT NO. 5. AS RECORDED IN PLAT BOOK 4, PAGE 91 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TOGETHER WITH; DRAINAGE, SIDEWALK,UTILITY, 3 MAINTENANCE EASEMENT: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF EAST 150 FEET OF TRACT 113 GOLDEN GATE ESTATES, UNIT NO. 5. AS RECORDED IN PLAT BOOK 4, PAGE 91, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. I DRAWN BY E DATE I FILENO. 1• • 100 I JULY 16, 1996 GGS175 EAST PROPERTY LINE ED k_�L, � GEORGE ROND PIS', 2 ' - PUSUC WORKS ENGINEERQIG DEPT. ' 3301 EAST AMME TRAIL . ".` NAPLES, FLDj QR34 112 /f AGC 1b. :TEK ku _ SHEET .!'; N 2 2 1 535 Ill. 0 50 10D 200 EAST PROPERTY LINE ED k_�L, � GEORGE ROND PIS', 2 ' - PUSUC WORKS ENGINEERQIG DEPT. ' 3301 EAST AMME TRAIL . ".` NAPLES, FLDj QR34 112 /f AGC 1b. :TEK ku _ SHEET .!'; N 2 2 1 535 Ill. PROJE PROJE FOLIO WEST PROPERTY LINE 330 FEET N 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING RAN LINE _.._.. _.._} ._.. .._.._.._ ._.._..__.:__.._. I (EXISTING 50 FT. R!W EASEMENT ) GOLDEN GATE BLVD, SOUTH PROPERTY LINE T PARED a ' SCALE: 1 Inch = 100 (eel /PUeuc w oRK HrElR 3WI G`.. NAP ES.FL NdIAMI- TRMI,' (� NAPLES, FLORIDA attta� 44 � 4� Collier County Reel Properly Management Department OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL N0, 176 Fo c, 11,0, 3481800000q (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE 330' F EXIST. 50' 1W EASEMENT EXISTING RIGHT OF WAY LINE - _ - - --------------------------- 25 FOOT DRAINAGE, j SIDEWALK, UTILITY, & MAINTENANCE EASEMENT THE WEST 150 FEET TRACT 114 0 w 700 200 TRACT 114 WEST PROPERTYL ��- EASTPROPERTYUNE �f 150' �- SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 150 FEET OF TRACT 114, GOLDEN GATE ESTATES UNIT NO. 5, AS RECORDED IN PLAT BOOK 4, PAGE 91 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA I DRAWN BY ICHECKEDBY I"- 100' , JULY 17, 1998 1 GGB178 406 FO E R. RICHMONDP.LS. 2 PUBLIC WORKS ENGINEER94G DEPT. 3301 EAST TAMIAM TRA14 -. NAPLES. FLORIDA 34112 n o al- �r.�rcT -arc 1 JUN 2 2 PG. al ,'Project No. 63041 , ercel No ' r 178 G 3 -':180 0.0 0 o y r" Ik' �j Tim Jf �� zLLi• r�.� 'TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 65 feet of the South 20 feet of the North 95 feet of the West 150 feet of Tract 114, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. i F JUN 2 2 z- PG. -- �! - FORpp R6��7P1.BiiS PUBLIC WO�tISB ENO INO DEPT. - . - J301 EAST.TMEi1M TRNL- ;��1 °V _I NMLES. FLORIDA 34112�i`t OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 179 Fo jL10 Mc . 3 O $19(c000G (100' R.O.W.) GOLDEN GATE BOULEVARD 1/ L =, SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 180 FEET OF TRACT 114, GOLDEN GATE ESTATES UNIT NO. 5AS RECORDED IN PLAT BOOK 4, PAGE 91 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 1 DRAWN BY 1" ■ 100' I JULY 17, 1998 I GGS179 NORTH PROPERTY LINE EXISTING RIGHT OF WAY LINE W 100 700 �—�- WT PROPERTY. LINE . f .EOR E RICFMOWt7 L5.06. PUBLIC VIQRXSE INEERIN�30EPT. 3301 EASTCT4. TRAIL . }:i SHEET ' QF 1 PG. d'3 Project No. Parcel No.: Folio -w 63041 179 T S61 1-17 6 0006 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEI? The West 30 feet of the East 37 feet of the South 30 feet of the North 105 feet of the East 180 feet of Tract 114, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. up, x GE (39 PUBLIC v 3301 EAS NAPLES, OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 ` SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO, 180 r0LtQ 14O, 369 �a 8800dE (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE 33(Y F EXIST. 50' R%W E ASEMENT - EXISTING RIGHT OF WAY LINE --- - -- } -- — — — — — — — — — — — — — — — - - - - --- 251 FOOT DRAINAGE, � SIDEWALK, UTILITY, & MAINTENANCE EASEMENT THE WEST 180 FEET TRACT 15 so 160 2ao TRACT 15 WEST PROPERTY L EAST PROPERTY LINE `SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180 FEET OF TRACT 15, GOLDEN GATE ESTATES UNIT NO. S. AS RECORDED IN PLAT BOOK 4, PAGE 97 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA ANN BY CHECKED BY SCALE OAT E FILE NO. SCALE. • toa JULY 17,1998 OG8180 NO. JUN';'., p` PG. EP r' G GE, R. RKh . P.L . f 2 PUBLK: WORKS ENGINEERING DEPT. 3301 EAST7~TRAIL NAPLES. FLORIDA 34112, 4 . SHLET 1 OF 1 PROJECT: Golden Gate Boulevard PARCEL: 180T FOLIO 36960880004 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 62 feet of the South 25 feet of the North 100 feet of the West 180 feet of Tract 15, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. JUN 2 2 E" PG. ... GEORGE R. 101111PUB% SENGWE DEPT. 3301 T !�M NAPLES. FLORIN 34 R 'iti i.. PROJECT NO. 63041 PROJECT PARCEL NO. 181 3 (, 1 1 00 `I 0 GO ) LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 1, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE WEST PROPERTY LINE EAST PROPERTY LINE 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT -- -1 EXISTING RAN LINE f — — — — - '(EXISTtNGSDfT. RAN EAS?MENTr —� — -C-OLDEl' GK SOUTH PROPERTY LINE PAREp. SCA[ E 1 N1ch = 100 feat EORGE R, PUBLIC WO 3301 EAST' NAPLES,FL Collier County Real Property Management Department p�• tB 11.t ,.• /P.L.• 92 MEERING DEPT. TRAI`' ' , RIDA 112' . f ;f / 05/13M 2:00 PM OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 83041 (NOT A SURVEY) PROJECT PARCEL NO. 182 I a l,o 14 , 31.9 b of D, 0003 (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY UNE EXIST. 50' R%W E ASEMENT - -- EXISTING RIGHT OF WAY LINE ;H 25 FOOT DRAINAGE, SIDEWALK, UTILITY, 3 MAINTENANCE EASEMENT THE EAST 150 FEET TRACTS 0 50 160 2w TRACT 15 WEST PROPERTY LINE EAST PROPERTY LINE j 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 150 FEET NO OF TRACT 15, GOLDEN GATE ESTATES UNIT NO. S, AS RECORDED IN PLAT BOOK 4, PAGE 97, OF THE PUBLIC RECORDS OF COLLIER 1 I A( rj „, � S a ,, U I♦ %I I COUNTY, FLORIDA. ,� PG. B / /P< �1- �PwE� sR g �P RECE , /.Wi R. R Zj 6 WORKS EN004MRING DEPT..:; 3301 EAST T . NAPLES. FLOR 12 DRAWN SY CHECKEO sY SCALE DATE FLE NO. 1 " ■ 107 JULY 17, 1995 OGBia2 SHEET 1 OF 1 WEST l OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 184 F-+ex..1c Nc. 3ldjfol000100$ r (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE EXIST. 50' RLW EASEMENT EXISTING RIGHT OF WAY LINE �.._.._.._.._. .._.._.._.. i 30 25 FOOT ROAD RIGHT OF WAY DRAINAGE,SIDEWALK, UTILITY, & MAINTENANCE EASEMENT NORTH HALF OF Vi TRACT 15 I F- W i f � 1 N 0 by 100 2W TRACT 16 i I I EAST PROPERTY LINE 4 "SOUTH PROPERTY LINE DESCRIPTION: { t THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE NORTH HALF OF TRACT 16, LESS THE EAST 30 FEET THEREOF, GOLDEN GATE ESTATES UNIT NO. B AS RECORDED IN PLAT BOOK 4, PAGE 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AWN BY Iu+ECICEOer � �1'� 100' `�JULYIT, 1996 I FILE GG81B4 /1..t IF e a,, PUBLIC WORKS ENGINEERING DEPT.. 1 AAI -' 3301 EAST TAML TRAIL NAPLES, FLORIDA 341f2 ?• SHEET 1 OF 1 Project No. 63041 Parcel No.: 184 T Folio: 36961000003 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEI9 The East 30 feet of the West 128 feet of the South 25 feet of the North 100 feet of Tract 16, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. I aw, NO., bl (jJ JUN 2 2 1L. PG. PROJECT NO. 63041 PROJECT PARCEL NO. 185 Faa 'fib. 36910120004 LEGAL DESCRIPTION & SKETCH (NOT A SURVEI) or The North 15 feet of the South 65 feet of the East One Half (1/2) of Tract 2, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. 135 FT 130 FT 30 FT I I I I I f i i WEST PROPERTY LINE i EAST PROPERTY LINE I f 1 1 I N •, 60 R EXISTING R LINES WWW NO 15 FOOT DRAINAGE, UTILITY I I AND MAINTENANCE EASEMENT TT ................. (GOLDEN GATE BLVD.) I (EXISTING FT. RIW EOEMENT) ^ � _:2- S SOUTH PROPERTY LINE T P E BYE ` ti s SCALE: 1 Inch = 100 feet GEORGE R. RIC 'S. 2406, PUBLIC WORKS ENGIN. WG DEPTi. 3301 EAST TAMAM TRAIL, NAPLES. FLORIDA 34112' - r Collier County Reel Properly Management Department 06119198 3:16 PM PROJECT: 63041 PARCEL: 1857 FOLIO: 36910120002 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOTA SURVEY) The East 30 feet of the West 50 feet of the North 15 feet of the South 80 feet of the East One-Half (112) of Tract 2, LESS the East 30 feet thereof, Golden Gate Estates, Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. 3301 EM NAPLES, NO._ JUN 2 2 1`29 3Q '%Aw, ' 112• PROJECT NO. 63041 PARCEL NO. 187 T FOLIO NO. 36912000007 ti EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 50 feet of the North 15 feet of the South 96 feet of the East 75 feet of the West 180 feet of Tract 31, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. JUN.2.'2.IZ ;Zi PG. . EPARD� E1' ...,�� /./..�/ OECKRiE R. R P.1S.tt ;P. PUBLIC WORKS ENOOJFERINO DEPT• . 3301 EAST TAWAS TRAIL NAPLES, FLORIDA 34112.. "' /� PROJECT: 63041 PARCEL: 189'r FOLIO: 36911920007 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) 4 The West 30 feet of the East 73 feet of the North 10 feet of the South 75 feet of the East 150 feet of Tract 31, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. AGE��rpT ;w NO. P(,. -` 3307 EAST TAMAM TRAIL -- - NAPLES, FLORIDA 34112 5 OFFICE OF CAPITAL PROJECTS ,I 3301 EAST TAMIAMI TRAIL - . NAPLES, FLORIDA 34112 (941) 7-8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 190 P01:01I,: 3K.cKIe Ko `1000� r" I= R.O.W.) GOLDEN GATE BOULEVARD TH PROPERTY LINE EXIST, 50' R1W I ASEMENT EXISTING RIGHT OF WAY LINE 25 FOOT DRAINAGE, SIDEWALK, UTILITY, & MAINTENANCE EASEMENT 1 THE EAST 150 FEET TRACT 17 o ip 100 100 TRACTI 17 WEST PROPERTY LINE EAST PROPERTY LINE SOUTH PROPERTY LINE ` DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 150 FEET OF TRACT 17,GOLDEN GATE ESTATES UNIT NO. B, AS RECORDED IN PLAT BOOK 4, PAGE 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. REP ABED �� "C E �17 HMOND P.L.S. PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMLAM TRAIL NAPLES, FLORIDA�]�„�m,�...� AGE 4 4 DRAW Y CHECKED BY SCALE DATE FEE NO. _-111 1' ` 100 JULY 17,1998 GGB190 $btir#1 F 1 I ul 77 , {rk /J PG. Project No. 63041 Parcel No.: 190 T Folio: 36961040005 TEMOPRARY DRIVEWAY RESTORATION EASEMENT I (NOT A SURVEY) The West 30 feet of the East 61 feet of the South 25 feet of the North 100 feet of the East 150 feet of Tract 17, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. �t NO JUN 2 2 NAPLES. FLORIDA 34112 W .440E i DEPT. PROJECT NO. 63041 PROJECT PARCEL NO. 191 �o t� 3�gtZ.oB000t LEGAL DESCRIPTION & SKETCH (NOT A SURVEI) i �M The North 15 feet of the South 65 feet of the West 75 feet of Tract 32, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. 75 FEET 4 EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY �I AND MAINTENANCE EASEMENT EXISTING RAN LINE GOLDEN GATE BLVD. I (EXISTING 50 FT. RAN E EMENT)' SOUTH PROPERTY LINE A E PUBLIC GE R. RC4*/A ND P.L.S. a �Oe � SCALE: 1 Inch = 100 loot !!!!//// WORKS ENGINEERING DEPT. 3301 EAST TAMAM TRAIL NAPLES, FLORIDA 34112 Color County Reel Properly Manepemenl Deportnronl 06123M138 11:57 AM PROJECT NO. 63041 PROJECT PARCEL NO. 189 1o��c 11p. W119�2.0007 LEGAL DESCRIPTION & SKETCH (NOT A SURVEI ) R I' The North 15 It of the South 65 feet of the East 150 feet of Tract 31, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. 150 FEET / WEST PROPERTY LINE EAST !mil C, 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING RAN LINE (GOLDEN GATE BLVD.) (EXISTING 50 FT. RAM EASIIIdENT) l A! t J -39 SOUTH PROPERTY LINE ; PG PRA E � SCALE: i Inch = 100 feet ORfiE R. R' .. ND P.L.S. PUBLIC WORKS ENGINEERING DEPT.' 3301 EAST TAMIAha TRAILC NAPLES, FLORIDA 34112,: Collier County Reel Property Management Department 06/30198 5:35 PM RESOLUTION NO. 99- A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT, AS TO PARCELS 192 -193T, 195 -197T, 199 -210T FOR THE CONSTRUCTION OF THE FOUR -LANING ROADWAY IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD PROJECT, CIE NO. 62. 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 Golden Gate Boulevard Road between C. R. 951 and Wilson Boulevard 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 April 28, 1998, adopted Resolution No. 98 -107 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 Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three ( Resolutions for Parcels IOIA -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 122A -12 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149 -153T, 155 -155 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 (Resolution No. 99 -22 authorizing the County Staff to acquire by gift, purchase or condemnation certain easements and) fee simple title to the property and property interests required and necessary for the Golden Ga Boulevard four - laning roadway improvements of Golden Gate Boulevard between C. R. 951 a Wilson Boulevard; and WHEREAS, the parcels described in this Resolution include Parcels 192 -193T, 195 -197 T, 199- 21 OT; 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; and Page 1 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 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 four - laning roadway improvements for the Golden Gate Boulevard between C. R. 951 and Wilson Boulevard, (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. 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: the perpetual, non- exclusive road right -of -way, sidewalk, utility, drainage, maintenance and temporary driveway restoration 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 staff is 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 from the property to be acquired. Page 2 This Resolution adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Clerk Approved as to form and legal sufficiency: dA i I di F. As ton Assistant County Attorney day of 19� after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Page 3 I RESOLUTION NO. 99- 2 3 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY 4 GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL, NON - 5 EXCLUSIVE, ROAD RIGHT- OF-WAY, SIDEWALK, UTILITY, 6 DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY 7, RESTORATION INTERESTS BY EASEMENT AS TO PARCELS 192- 8 193T, 195 -197T, 199 -210T FOR THE CONSTRUCTION OF THE FOUR - 9 LANING ROADWAY IMPROVEMENTS FOR GOLDEN GATE 10 BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD 11 PROJECT, CIE NO. 62. 12 WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted 13 Ordinance No. 97 -55 therein establishing the 1997 (Seventh Annual) Capital Improvement 14 Element of the Growth Management Plan in order to establish priorities for the design, 15 acquisition and construction of the various capital improvement projects. The Transportation 16 Element of the County's Comprehensive Plan was adopted in Ordinance No. 97 -62; and -- 17 WHEREAS, the four- laning improvements to Golden Gate Boulevard Road between 18 C. R. 951 and Wilson Boulevard is one of the capital improvement projects required under the 19 Transportation Element of the County's Comprehensive Plan; and 20 WHEREAS, the Board of County Commissioners, on April 28, 1998, adopted 21 Resolution No. 98 -107 authorizing the County Staff to acquire by gift or purchase certain 22 easements and/or fee simple title to the property and property interests required and necessary 23 for the Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard 24 between C. R. 951 and Wilson Boulevard; and 25 WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three 26 (3) Resolutions for Parcels adopted three (3) Resolutions for Parcels IOTA -112T, 114A -I15T, 27 117 -121T (Resolution No. 99 -222), 122A -123, 124T -125T, 130A -133, 137 -140, 142A -148T 28 (Resolution No. 99 -220), and 149 -153T, 155 -155T, 157 -157T, 1f8T, 159 -162T, 164, 166, 29 168 -169, & 188, 216 and 320 (Resolution No. 99 -221), authorizing the County Staff to 30 acquire by gift, purchase or condemnation certain easements and/or fee simple title to the 31 property and property interests required and necessary for the Golden Gate Boulevard four- Page 1 - - - -- AGf.hC� �QI)E JUN 2 2 1999 PG. . I laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson 2 Boulevard; and 3 WHEREAS, the parcels described in this Resolution include Parcels 192 -193T, 195 -197T, 4 199 -210T-1 and 5 WHEREAS, the location for construction of the proposed improvements has been 6 fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" 7 attached hereto and incorporated herein. 8 WHEREAS, after consideration of the availability of alternate routes and locations, the 9 comparative costs of project alternatives, various impacts upon the environment, long range 10 planning options, and public safety considerations, the Board desires to exercise its right to 11 condemn property for public purposes. 12 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 13 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the 14 Board that the construction of the four -laning roadway improvements for the Golden Gate 15 Boulevard between C. R. 951 and Wilson Boulevard, (hereinafter referred to as "the Project ") 16 is necessary and in the public's best interest in order to protect the health, safety and welfare of 17 the citizens of Collier County. 18 AND IT IS FURTHER RESOLVED that construction of the Project is part of the 19 County's long range planning effort, and is included in the Transportation Element of the 20 County's Comprehensive Plan for Growth Management, as approved by the Florida 21 Department of Community Affairs. 22 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative 23 locations for the project, various impacts to the environmental, public safety and welfare 24 considerations associated with the design and construction of the project, and the costs 25 associated with the design, property rights acquisition, and construction of the project; and the 26 Board finds that after consideration of these issues, the most feasible location for construction 27 of the proposed improvements is collectively represented by the legal descriptions comprising 28 Exhibit "A" attached hereto and incorporated herein. 29 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, 30 it is necessary for the Board to acquire the various real property interests described Exhibit "A" Page 2 I to wit: the perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance 2 and temporary driveway restoration interests by easement. 3 AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 4 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to 5 immediately acquire by gift, purchase or condemnation in accordance with the provisions of 6 Chapters 73, 74 and 127, Florida Statutes, the above - referenced real property interests more 7 particularly described in Exhibit "A ", attached hereto and incorporated herein. 8 AND IT IS FURTHER RESOLVED that no mobile homes are located on the property 9 sought to be acquired and therefore it will not be necessary to remove any mobile homes from 10 the property to be acquired. 11 This Resolution adopted on this day of 19_, after 12 motion, second and majority vote. 13 14 15 ATTEST: 16 DWIGHT E. BROCK, CLERK 17 18 19 Clerk 20 21 Approved as to form and 22 legal sufficiency: 23 24 25 26 Heidi F. Ashton 27 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Page 3 A I OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 6304- (NOT A SURVEY) PROJECT PARCEL NO. 192 31.51. 11 4000(, EXHIBIT "A" t (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE EXIST. 50' R1W EASEMENT --� -_j- EXISTING RIGHT OF WAY LINE 25 FOOT DRAINAGE, SIDEWALK, UTILITY, & MAINTENANCE EASEMENT TRACT 18 IF w 100 200 WEST PROPERTY O ry -SOUTH PROPERTY LINE DESCRIPTION: 1 `, THE SOUTH 25 FEET OF THE NORTH 75 FEET OF TRACT 18,GOLDEN GATE ESTATES UNIT NO. 8, AS RECORDED IN PLAT BOOK 4, PAGE 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 1" • 100' 1 JULY 17, 1998 I GGB192 EAST PROPERTY LINE I; ARED BYj� .. ........ R HMOND P.L.S. 2105 PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TANAW TRAIL NAPLES, FLORIDA 34112 PG. F11 PROJECT NO. 63041 PROJECT PARCEL NO. 193 361 13.1:1,0600 LEGAL DESCRIPTION At SKETCH (NOT A SURVEIL E The North 15 feet of the South 65 feet of the East 75 feet of the West 150 feet of Tract 32, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. 150 FEET 0 WEST PROPERTY LINE 4 EAST PROPERTY LINE !C1 i 15 FOOT DRAINAGE, UTILITY V AND MAINTENANCE EASEMENT EXISTING RMI LINE ......................... — — .. —.. —.. —• —••— —. .—•- --•— —Tip AGEN'+ 1 (GOLDEN GATE BLVD.) I (EXISTING 50 FT. EASEMENT) �.. SOUTH PROPERTY LINE ED ��(( E ... E RICHMONO P.L.S. �2� SCALE: fh7z*= 100feet PUBLIC WORKS ENGINEERING DEPT. ,L`" .3301 EAST TAM AN N TRAIL' NAPLES, FLORIDA 31112 :ollier County Real PropeAy Management Department 05113199 4:35 PM PROJECT NO. 63041 PARCEL NO. 193 T FOLIO NO. 36912120000 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 32 feet of the North 10 feet of the South 75 feet of the East 75 feet of the West 150 feet of Tract 32, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. B H0.f --- JU.N22� PG: PAR�G1s � _ ........�..� yy . ... .... �.,/(.///7 y 6ECF(GE R. RICHMOND P..S. PUBLIC WORKS EN4WEERING DEPT. 3301 EAST TAMMY TRAILI NAPLES, FLORIDA 34112' PROJECT NO. 63041 PROJECT PARCEL NO. 195 Fti..t o Nc. 3v91 �.t leo001. LEGAL DESCRIPTION 8 SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 33, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. WEST PROPERTY LINE �f 4 330 FEET EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY V AND MAINTENANCE EASEMENT EXISTING RAY LINE ........ F r(EXISTING 50 FT. RAN EASEMENT) GOLDEN GATe e.LVD.,, ` SOUTH PROPERTY LINE P ABED B y �NKiPR. WcpIW P.LL::.Z,.I S SCALE: i Inch • 100 feet 3301 EAS T NA & FLORIDA 34112 Collier County Real Property Management Department 1eJ ! ((L, �, ^ �4111:5 AM V N 2' L .� , PG. y8 J 25 F SIDE & M) EAS WES OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH CIF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 196 rbuol,ln. 3�te3z4000� (tar R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE „- SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 105 FEET OF TRACT 47, GOLDEN GATE ESTATES UNIT NO. 8, AS RECORDED IN PLAT BOOK 4, PAGE 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. 6�E ED B /�F� EORGE R. RICHMOND i;5iLIEWORKS ENGINEERING DE�':/ MI I 3301 EAST TAMIA TRAIL r! f (< .q' NAPLEJ E IST. 50' R%W E ASEMENT - � EXISTING RIGHT OF WAY LINE )OT DRAINAGE, . 1' 100' JULY 17, 1998 IFILENO. GG8196 T 1 WALK, UTILITY, INTENANCE WENT WEST 105 FEET J TRACT 47 r 0 50 100 x TRACT 47 EAST P VERITY LINE PROPERTY LINE r ,OS 75' 150 SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 105 FEET OF TRACT 47, GOLDEN GATE ESTATES UNIT NO. 8, AS RECORDED IN PLAT BOOK 4, PAGE 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. 6�E ED B /�F� EORGE R. RICHMOND i;5iLIEWORKS ENGINEERING DE�':/ MI I 3301 EAST TAMIA TRAIL r! f (< .q' NAPLEJ Tr T.,,_,, .. .. �j V f• L94 '�`"�� BY SCALE 0. r7BY JHECKED . 1' 100' JULY 17, 1998 IFILENO. GG8196 T 1 Tr T.,,_,, .. .. �j V f• L94 '�`"�� Project: 63041 Parcel: 196 T Folio: 36963240007 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) 'r The East 30 feet of the West 54 feet of the South 20 feet of the North 95 feet of the West 105 feet of Tract 47, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. f J.� AG Ca b.qi NO._ � JINN ? ?t F PG. (✓ € PUBLIC WORKS ENGINEERING DEPT / gift 3301 EAST TAMAM TRAIL. NAPLES, FLORIDA 34112': J- r OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 197 �1.. Lo bb. 5496'SI (oQ'70fo i aF (100' R.O.W.) GOLDEN GATE BOULEVARD r NORTH PROPERTY LINE - - - - •- - - - - - - - IST. 50' R1W E - - - ASEMENT ----------------- EXISTING RIGHT OF WAY LINE 25 FOOT DRAINAGE, SIDEWALK, UTILITY, & MAINTENANCE EASEMENT ru 12-ti y 4 W WHru I' W OW - 0 50 100 20 TRACT 47 WE r PROPERTY LINE EAST PROPERTY LINE 105' 75 1 Law SOUTH PROPERTY LINE DESCRIPTION: ' THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 75 FEET OF THE WEST 180 FEET OF TRACT 47, GOLDEN GATE ESTATES UNIT NO. 8. AS RECORDED IN PLAT BOOK 4, PAGE 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CRAM BY ICHECKEO BY I > ALE - 100' I aJULY 17, 1998 I FLEGGS197 P 69V� GEORGE , p.L:S! . L1C WORKS ENGINEERIW MEPT. 3301 EAST;TALt MTRAIL.r - NAPLES. FLORIDA 34112 TWO F JUN 2 2 � Project No. 63041 Parcel No.: 197 T Folio: 36963160006 TEM�,PRARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 38 feet of the South 20 feet of the North 95 feet of the East 75 feet of the West 180 feet of Tract 47, Golden Gate Estates Unit' No. 8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. // JUG. '2 2 ONDpl z. LIC .r! PUB WORKS ENGINEER DEPT: >, 3301 EAST 7Mi/IVYt TRAIL , . NAPLES, FLORIDA 31115,; ; __i�„ Jqi. PROJECT NO. 63041 E PROJECT PARCEL NO. 199 R>L-10 Nit.). 340912.wocaol i LEGAL DESCRIPTION & SKETCH i (NOT A SURVEIO The North 15 feet of the South 65 feet of Tract 34, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. I i I I 1 1 I WEST PROPERTY LINE 1 ( I EAST PROPERTY LINE i r i I 1 i I I i i N ' 15 FOOT DRAINAGE, UTILITY I 1 EXISTING AND MAINTENANCE EASEMENT RM LINES It. so �' AU (EXISTING 50 FT. R/W EASEMENT) OLDFJi : Y n"Vp f• , SOUTH PROPERTY LINE a. SCALE: 1 Inch • 100 feel P� yl pq�q Ejt" DEPT. r8F 3301 EAST TAMVW f If _ NAPLES, fLORIUA 3�yf! Collier Count' Reel Property Management Department 08123/9812:05 PM ... ., a :: ... Project No. 63041 Parcel No.: 200 T Folio: 36963320008 TEMImIQRARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 38 feet of the South 20 feet of the North 95 feet of the West 75 feet of Tract 48, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. EPARED b �. GE GE R. R PUBLIC WOR E INEE 3301 EAST T NAPLES. FLOr . JUN 221 S "9 OFE -,CE OF CAPITAL f- ROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 201 rMAQ ND. 36gt6336000p (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE 330' F EXIST. 50' ilW EASEME1 JT EXISTING RIGHT OF WAY LINE 25 FOOT ROAD RIGHT I IF WAY, DRAINAGE, SIDEWALK UTILITY, 3 MAINTENANCE EASE ENT TRACT 48 L6 LL!$ Nay W WEST PROF TY LINE — EAST PF OPI 76 7F 75' 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET OF TRACT 48, GOLDEN GATE ESTATES, UNIT NO. 8, AS RECORDED IN PLAT BOOK 4,PAGE 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LINE I I I E DATE FILE NO. I. - 100' JULY 17, 1998 G06201 EPARED GE.... .... .LS. t 2M6 , PUBLIC WORKS'ENWNEERIN6 DEPT. 3301 EAST TAM AIA TRAIL NAPLES FLORD134112 A t�i�N�, T F 1 JUN 2 2 1599 PG. m r w N 60 100 7p0 LINE I I I E DATE FILE NO. I. - 100' JULY 17, 1998 G06201 EPARED GE.... .... .LS. t 2M6 , PUBLIC WORKS'ENWNEERIN6 DEPT. 3301 EAST TAM AIA TRAIL NAPLES FLORD134112 A t�i�N�, T F 1 JUN 2 2 1599 PG. Project No. 63041 Parcel No.: 201 T Folio: 36963360000 TEMO,PRARY DRIVEWAY RESTORATION EASEMENT ,. (NOT A SURVEY) The East 30 feet of the South 40 feet of the North 115 feet of the East 75 feet of the West 150 feet of Tract 48, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. PREPARED PUBLIC WORKS ENGINEERN O DEPT: . 3301 EAS NAPLES, �bE N0:_ JUN 2n2 PG. t ji i, i PROJECT: 63051 PARCEL: 202 T FOLIO: 36963400009 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of t 'e South 35 feet of the North 110 feet of the West 75 feet of the East 180 feet of Tract 48, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. e J IN PARED �Yt GEORGE R R D L.S. f X06 PUBLIC WORKS NG1 RWO DEPT. 3301 EAST TANA/.M TRAIL NAPLES. FLORIDA 34112 PROJECT NQ. 63041 PROJECT PARCEL NO. 203 rbl.ao t4c,. 36943Z80009 LEGAL DESCRIPTION & SKETCH (NOT A SURVEIL k } a• The South 25 feet of the North 75 feet of the East 105 feet of Tract 48, LESS the East 30 feet thereof, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 1 (EXISTING 50 FT. RfW EASEMENT) - .- ..- .._.._.._.._ . . i i .._.._..- - .._.._.._.. 25 FOOT RIGHT -OF -WAY, D41NAGE I I AND UTILITY EASEMENT I I EXISTING RAN LINES I I I I I I I I I I I I I I I I I I i i N SOUTH PROPERI CoNer County Reel Pmp" Meiuyomenl Depertrnent 75 FEET t I FACT PROPERTY LINE I 30 FT' y r �tylj� SCALE: 1 inch - 100 feel I r J U % 2 0'�iQiM ,. � _ �_ ..._. .. ,� _ ..r,: f �. •.1'. ;.. .. ,. � _ �_ ..._. .. ,� _ ..r,: i I PROJECT NO. 63041 PROJECT PARCEL NO. 205 FEL-1) tJD. 3�g14 LEGAL DESCRIPTION & SKETCH (NOT A SURVEI) pl, �r The North 15 feet of the South 65 feet of Tract 63, LESS the West 30 feet thereof, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. 190 FT 30 FTI 300 FEET I I I I I f I I I I I I I I I I I I I WEST PROPERTY LINE i EAST PROPERTY LINE I I I I I I N EXISTING RAW LINES 60 fL I I 15 FOOT DRAINAGE, UTILITY r AND MAINTENANCE EASEMENT I I 1 ..................... - -._.._J L.. t.._.._..- --- .._.._. (EXISTING 50' RWV EASEMENT) (GOLDEN GATE itVD_)J° SOUTH PROPERTY LINE EPARED RCAI F• 1 Inch v 1M /m1 G G R. R Collor County Real Property Manaoemenl Deoarlment PUBLIC WOR ENGINEER T E-� 3301 EAST T TIw NAPLES. FLOR U112 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 206 T-al, oat' 369 634`10001 (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE EXIST, 50' RAW E ASEMENT EXISTING RIGHT OF WAY LINE - -- �. �_.._.._.._.. ____1_____-------- _ 25 FOOT ORAINAC E, SIDEWALK, 6 MAINTENANCE EASEMENT/ iUTILITY, . I I EAST 150 FEET y TRACT 49 i w i a o I0 ,q0 200 TRACT 49 WEST PROPERTY LINE i EAST PROPERTY LINE i I 150' 330 SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 150 FEET TRACT 49, GOLDEN GATE ESTATES UNIT NO. 8, AS RECORDED IN PLAT BOOK 4, PAGE 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. % PARED BY' i � r6 PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMIALS TRAIL, NAPLES, F1ORIDA 34112 4 4 DRAWN BY CHECKED BY SCALE DATE FILE NO. 1..100, JULY 17, 1998 GOB200 ZT L ,� Project No. 63041 Parcel No.: 206 T 6l..* 2G9 63440c)al TEMI�,DRARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 45 feet of the South 25 feet of the North 100 feet of the East 150 feet of Tract 49, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. r nr�eS ORIDA 34112 y JUN,;? PG. PROJECT NO. 63041 PROJECT PARCEL NO. 207 F to V10. 3G914116000 0 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY key The North 15 feet of the South 65 feet of the West 150 feet of Tract 64, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. 150 FEET / WEST PROPERTY EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY N AND MAINTENANCE EASEMENT EXISTING RAN LINE (GOLDEN GATE BLVD.) I (EXISTING 50 FT. RAN EASEI,IkNT) s ' SOUTH PROPERTY LINE ''•'' Co4w County Real Property Manegemenl DepeMbnt SCALE: 1 Inch - 100 feel Project No. 63041 Parcel No.: 207 T Folio: 36914160000 TEM0,pRARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 35 feet of the West 82 feet of the North 20 feet of the South 85 feet of the West 150 feet of Tract 64, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. !r: EEPP`ARED i _ E PUB W E PERT. 3301 T r• /'' NAP S. F D°�Y111 r JUN 2- 2 !_..., PROJECT NO. 63041 PARCEL NO. 208 T FOLIO NO. 36963520002 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVE)q The East 30 feet of the West 85 feet of the South 10 feet of the North 85 feet of the West 150 feet of Tract 50, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. M^ AGE J4 2 2 1023 GE E RKWO P L6 2 A06 PUBLIC ORKS EJKANEERINO DEPT. 3301E T TAMLAM TRAIL' NAPLES. FLORIDA 34112 } M^ AGE J4 2 2 1023 GE E RKWO P L6 2 A06 PUBLIC ORKS EJKANEERINO DEPT. 3301E T TAMLAM TRAIL' NAPLES. FLORIDA 34112 i i PROJECT NQ. 63041 PROJECT PARCEL NO. 209 EXHIBIT ?— ulIDiL 31.914( ZOOOS — A r.� LEGAL DESCRIPTION & SKETCH (NOT A SURVEIL ,- The North 15 feet of the South 65 feet of the East 180 feet of Tract 64, Golden Gate Estates Unit No. 7, as recorded In Plat.Book 4, Page 95 of the Public Records of Collier County, Florida. I WEST PROPERTY LINE 180 FEET EAST PROPERTY LINE i� !\I 15 FOOT DRAINAGE, UTILITY V AND MAINTENANCE EASEMENT EXISTING RAV LINE GOLDEN GATE BLVD. (EXISTING W FT. WIN EASEMENT) ' SOUTH PROPERTY LINE 1 P ARE BY: SCALE: 1 Inch • 1001eet GEOtiGE R. RIC P PUBLIC 3301 BAST TANINN L• NAP 4. FUMIDA 34112 CoMer County Reel Property Menepement Department w i 4,.� R M ! PROJECT: 63041 Golden Gate Boulevard PARCEL: 209 T FOLIO: 36914120008 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 89 feet of the North 30 feet of the South 95 feet of the East 180 feet of Tract 64, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. '.) �AR�C' r PUBLIC WCR S WlghO' i/ T�. NAPLES, f�Uk "It -/ 292 ;;�3 PG _ �A OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO, (NOT A SURVEY) PROJECT PARCEL NO. 21041 FOL.L o 1� 36g635(�}- n (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE EXIST. 50' RW EASEMENT EXISTING RIGHT OF WAY LINE --------------- - - -- -------------- i 25 FOOT DRAINAGE, SIDEWALK, UTILITY, 6 MAINTENANCE EASEMENT i ' r EAST 180 FEET TRACT 5D 0 Go 100 200 TRACT 50 WESTPROPERTYLIN R.T-�i 33CY SOUTH PROPERTY L4 DESCRIPTION: 1 THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 180 FEET OF TRACT 50, GOLDEN GATE ESTATES UNIT NO.8 AS RECORDED IN PLAT BOOK 4, PAGE 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA s--- EAST PROPERTY LINE 1, E R.Ri -HMONR .LS.9 PUBLIC WORKS ENGWEERING DEPT: 3301 EAST TAMIAMI TRAIL -f NAPLES, FLORIDA 31112 DRAWN BY SCALE DATE FLE N0, (�:f'1 r8Y i'' 100 JULY 17,1996 GG8210 N OY 1 JUN '1 Z I. j PG.r u--- -- PROJECT: 63041 PARCEL: 2107" FOLIO: 36963560004 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEI0 The West 35 feet of the East 78 feet of the South 25 feet of the North 100 feet of the East 180 feet of Tract 50, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. REPARED B .. . GEORGE R. RICWg0415Y 3301 E WORK$ENO aI !4, 3301 EAST WORKS TAWAAM EN INEE NAPLES, FLORIDA $4112' JU, N 2? 2 1:, A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT, AS TO PARCELS 211 -213T, 215 -215T, 217- 220CT, 222 -227 AND 229 -231, FOR THE CONSTRUCTION OF THE FOUR- LANING ROADWAY IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD PROJECT, CIE NO. 62. 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 Golden Gate Boulevard Road between C. R. 951 and Wilson Boulevard 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 April 28, 1998, adopted Resolution No. 98 -107 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 Golden Gate Boulevard four- laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three (3) Resolutions for Parcels 101A -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 122A -123, 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149 -153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 (Resolution No. 99 -221), authorizing the County Staff to acquire by gift, purchase or condemnation certain easements and/or fee simple title to the property and property interests required and necessary for the Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and WHEREAS, the parcels described in this Resolution include Parcels 211 -213T, 215 -215T, 217- 220CT, 222 -227 and 229 -231; 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, and Page 1 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 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 four- laning roadway improvements for the Golden Gate Boulevard between C. R. 951 and Wilson Boulevard, (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. 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: the perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance and temporary driveway restoration 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 staff is 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 from the property to be acquired. Page 2 This Resolution adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Clerk Approved as to form and legal sufficiency: 11 � 4 ) idi F. As ton Assistant County Attorney day of , 19_, after motion, BOARD OF COUNTY CONMSSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MACRIE, CHAIRWOMAN Page 3 s. I RESOLUTION NO. 99 -_ 2 3 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY 4 GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL, NON - 5 EXCLUSIVE, ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, 6 DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY 7 RESTORATION INTERESTS BY EASEMENT AS TO PARCELS 211- 8 213T, 215 -215T, 217- 220CT, 222 -227 AND 229 -231, FOR THE 9 CONSTRUCTION OF THE FOUR - LANING ROADWAY 10 IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 11 951 AND WILSON BOULEVARD PROJECT, CIE NO. 62. 12 WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted 13 Ordinance No. 97 -55 therein establishing the 1997 (Seventh Annual) Capital Improvement 14 Element of the Growth Management Plan in order to establish priorities for the design, 15 acquisition and construction of the various capital improvement projects. The Transportation 16 Element of the County's Comprehensive Plan was adopted in Ordinance No. 97 -62; and 17 WHEREAS, the four- laning improvements to Golden Gate Boulevard Road between 18 C. R. 951 and Wilson Boulevard is one of the capital improvement projects required under the 19 Transportation Element of the County's Comprehensive Plan; and 20 WHEREAS, the Board of County Commissioners, on April 28, 1998, adopted 21 Resolution No. 98 -107 authorizing the County Staff to acquire by gift or purchase certain 22 easements and/or fee simple title to the property and property interests required and necessary 23 for the Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard 24 between C. R. 951 and Wilson Boulevard; and 25 WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three 26 (3) Resolutions for Parcels I01A -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 27 122A -123, 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149- 28 153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -1159, & 188, 216 and 320 29 (Resolution No. 99 -221), authorizing the County Staff to acquire by gift, purchase or 30 condemnation certain easements and/or fee simple title to the property and property interests 31 required and necessary for the Golden Gate Boulevard four - laning roadway improvements of 32 Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and Page 1 . JUN 2 2 i I WHEREAS, the parcels described in this Resolution include Parcels 211 -213T, 215- 2 215T, 217- 220CT, 222 -227 AND 229 -231; and 3 WHEREAS, the location for construction of the proposed improvements has been 4 fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" 5 attached hereto and incorporated herein. 6 WHEREAS, after consideration of the availability of alternate routes and locations, the 7 comparative costs of project alternatives, various impacts upon the environment, long range 8 planning options, and public safety considerations, the Board desires to exercise its right to 9 condemn property for public purposes. 10 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 11 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the 12 Board that the construction of the four - laning roadway improvements for the Golden Gate 13 Boulevard between C. R. 951 and Wilson Boulevard, (hereinafter referred to as "the Project ") 14 is necessary and in the public's best interest in order to protect the health, safety and welfare of 15 the citizens of Collier County. 16 AND IT IS FURTHER RESOLVED that construction of the Project is part of the 17 County's long range planning effort, and is included in the Transportation Element of the 18 County's Comprehensive Plan for Growth Management, as approved by the Florida 19 Department of Community Affairs. 20 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative 21 locations for the project, various impacts to the environmental, public safety and welfare 22 considerations associated with the design and construction of the project, and the costs 23 associated with the design, property rights acquisition, and construction of the project; and the 24 Board finds that after consideration of these issues, the most feasible location for construction 25 of the proposed improvements is collectively represented by the legal descriptions comprising 26 Exhibit "A" attached hereto and incorporated herein. 27 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, 28 it is necessary for the Board to acquire the various real property interests described Exhibit "A" 29 to, wit: the perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance 30 and temporary driveway restoration interests by easement. Page 2 1 AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 2 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to 3 immediately acquire by gift, purchase or condemnation in accordance with the provisions of 4 Chapters 73, 74 and 127, Florida Statutes, the above - referenced real property interests more 5 particularly described in Exhibit "A ", attached hereto and incorporated herein. 6 AND IT IS FURTHER RESOLVED that no mobile homes are located on the property 7 sought to be acquired and therefore it will not be necessary to remove any mobile homes from 8 the property to be acquired. 9 This Resolution adopted on this day of 19. after 10 motion, second and majority vote. 11 12 13 ATTEST: 14 DWIGHT E. BROCK, CLERK 15 16 17 Clerk 18 19 Approved as to form and 20 legal sufficiency: 21 22 4 23 24 Heidi F. Ashton 25 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MACKM, CHAIRWOMAN Page 3 PROJECT NQ. 63041 PROJECT PARCEL NO. 211 EXHIBIT' qz,o 110 'D 6114 :?,1000 j LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) 7' The North 15 feet of the South 65 feet of the West 180 feet of Tract 65, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. 180 FEET I ` WEST PROPERTY LINE N i 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING RIW LINE GOLDEN GATE BLVD. (EXISTING 50 FT. RAY EASEME04 SOUTH PROPERTY LINE @REPARED BY:: i9 ! / • `/ ;1/ Collier County Reel Property Management Department - SCALE: C inch - WO feet 3301 EAS TAM7RNL•' NAPLES, ORI r t:� 22 n J v 1•S jOQLw°ti - -- - /V Pte. PROJECT NO: 63041 Golden Gate Boulevard PARCEL NO: 211T FOLIO NO: 36914240001 rxt:n -rk �d" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEIq The West 30 feet of the East 85 feet of the North 15 feet of the South 80 feet of the West 180 feet of Tract 65, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. PREPARED G Mai ' l� • 7" R. RIC f PUBLIC WORKS I DEPT.r' 3301 EAST T �` ` �' "• NAPLES. FLORI 112 r n ! PG.�L1_ PROJECT NO. 63041 PROJECT PARCEL NO. 212 �+OL.L O ND. �oR ! 4280003 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) i The North 15 feet of the South 65 feet of the West 75 feet of the East 150 feet of Tract 65, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. 75 FEET EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY AND N MAINTENANCE EASEMENT EXISTING RAN LINE (GOLDEN GATE BLVD.) (EXISTING 50 FT. RN EASEMENT)'. SOUTH PROPERTY LINE P A DB SCALE: 1(nch WWI PUBLIC WORKS ENO . 3301 EAST T RIE TRAfL A NAPLES, FLORION -34712 .C1 Collier County Real Properly Managemenl Department ' , i n 0201f3A SA U i! PROJECT: 63041 PARCEL: 212 T FOLIO: 36914280003 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) a� The West 30 feet of the North 15 feet of the South 80 feet of the East 150 feet of Tract 65, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. PUBLIC PROJECT NO. 63041 PROJECT PARCEL NO, 213 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY] a• The North 15 feet of the South 65 feet of the East 75 feet of Tract 65, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. f 75 FEET N 15 FOOT DRAINAGE, UTILITY AND V MAINTENANCE EASEMENT EXISTING RAY LINE (GOLDEN GATE BLVD.) I (EXISTING 50 FT. RAN EASEMENT �;• SOUTH PROPERTY LINE PFyRED SCALE: linch a tODteet GE G PUBLIC ORpKSSEEN�G �e, A4L' TRAIL Colby camty Red Plowy Msmgmrow Department J u N (�Mri4 66-A - PG. D PROJECT: 63041 PARCEL: 213T FOLIO: 36914200009 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 35 feet of the North 5 feet of the South 70 feet of the East 75 feet of Tract 65, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. EPARE6a . �GE R. PUBLIC WOR 3301 EAST T ENGWEE' T i - - NAPLES, FL JUN PROJECT NO. 63041 PROJECT PARCEL NO. 215 P-01-10 u ly:)40001 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) J�• The North 15 feet of the South 65 feet of Tract 66, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. WEST PROPERTY LINE ) I i i I I I F I I I I I I I 15 FOOT DRAINAGE, UTILITY AND i i MAINTENANCE EASEMENT bolt ' 'I - --- -•- -•- - --- --- --- --- --- -- -•-- - — - - - — ( SOUTH PROPERTY LINE rfftF SCALE: 1 Inch = = 10D feel r Cofer County Real Property Management DeparbnTnl I i i EAST PROPERTY LINE I 1 I I I I I I I I I i N i i EXISTING RAN LINES L (GOLDEN' BLVD.)' J 1 r. °' } �i �� : +J1lK i Project No. 63041 Parcel No.: 215 T F-0110 No -145 I'l 1 1600 Y TEM0,QRARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 137 feet of the North 25 feet of the South 90 feet of Tract 66, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. I /r REPrRE ' Y:. - PUBLIC OR N6INEERINO DEPT. 3307 T T NAPLE fLORIDAwn 22 PROJECT NO. 63041 PROJECT PARCEL NO. 217 Fol.o � :345 I!.(5o0003 LEGAL DESCRIPTION & SKETCH (NOT A SURVEI9 7' • The North 15 feet of the South 65 feet of the West 180 feet of Tract 95, LESS the West 30 feet thereof, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. 130FT 30FT1 150 FT i I ' I 1 1 I I 1 I I I I i I I I I I WEST PROPERTY LINE 1 I EAST PROPERTY LINE I I I I I I N EXISTING RAN LINES I I ~— 60 R I I 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT I I � ....................... (GOLDEN GATE BLVD,) (EXISTING 50 FT iL V,EASEMENT); , SOUTH PROPERTY LINE' PAREC BY�' J' •'� 1 ' r SCALE: 1 Inch • 1001w w ts. r nor F. 3301 EAST iDA�i j I fY Y _t NAPLES, FL 172 1 CoMr County Red Pmpwtf Management DapaMnnl 00MB 5:44 Pm JUN PROJECT NO. 63041 PROJECT PARCEL NO. 216 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) f The North 15 feet of the South 65 feet of the West 75 feet of the East 150 feet of Tract 95, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. 75 FEET 4 EAST PROPERTY LINE d' ILI 15 FOOT DRAINAGE, UTILITY V AND MAINTENANCE EASEMENT EXISTING RAN LINE h GOLDEN GATE BLVD. (EXISTING 50 FT. RAN EASEMENT)' SOUTH PROPERTY LINE PARED 8Y: ray^ .. E .. i� . SCALE: t Inch • 1001861 G R ICHMOIIPP.. V PUBLIC ORK INEERING DEPT. 3301 TMil1Ae aJ i1 --0A 34112 L Collier County Real Property Management Depan nenl J t= Q��% 123198 12:10 PM PROJECT NO. 63041 PROJECT PARCEL NO. 219 FEA-Ip 1`b 3rog 1 CoO 40o1`J.S LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) j` The North 15 feet of the South 65 feet of the East 75 feet of Tract 95, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. 75 FEET EAST PROPERTY LINE W4 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING RNy LINE ........... (GOLDEN GATE BLVD.) (EXISTING 50 FT. RAN EASEMENT SOUTH PROPERTY LINE PARED BY EO GE R. SCALE: 1 Inch = 100 feet PUBLIC W S E ERIND PT. �\ NAP EAST T N34112 NAPLES FL IDA 31112 Collar Canty Real Property Management Depertnlenl UNtrM1 •n nrl 5.Wpm- PROJECT: 63041 PARCEL: 219T FOLIO: 36916040005 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 35 feet of the North 5 feet of the South 70 feet of the East 75 feet of Tract 95, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. PIOARED BY: 3301 RID 31112 b L V./(4 PG. 8 9 M PROJECT NO. . 63041 PROJECT PARCEL NO. 220 A Fd1.10 NO. ?569(0.5 00001 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) a 4�a The South 25 feet of the North 75 feet of the East 150 feet of Tract 81, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. (EXISTING 50 FT. R/W EASEMENT _ _ — _ _ (GOLDEN GATE BLVD.) ................... EXISTING RAN LINE PROPOSED 25 FOOT SIDEWALK, DRAINAGE, LITLITY AND MAINTENANCE EASEMENT 1 150 FEET SOUTH PROPERTY LINE T Copier County Reel Property Manepement Department SCALE: 1 h7 h = 107lee! EAST PROPERTY LINE 3701 ICI ., � n s S v :4 1.04L'.' Ai �I Ala PROJECT: 63041 PARCEL: 220AT FOLIO: 36965600001 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY( The East 30 feet of the West 75 feet of the South 10 feet of the North 85 feet of the East 150 feet of Tract 81, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. 1 R 34112 PROJECT NO. 63041 PROJECT PARCEL NO. 220 B Fo 1, t o too. 3094Z/640003 LEGAL DESCRIPTION & SKETCH (NOT A SURVEIL The South 25 feet of the North 75 feet of the West 75 feet of the West 150 feet of Tract 82, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. j I (EXISTING 50 FT. RAN EASEMENT) (GOLDEN GATE BLVD.) .._._.._. } ..._.. ._.._ _.._.._.._.._.._.._.._.._.. _ EXISTING . RAN LINE I 25 FOOT SIDEWALK, DRAINAGE j UTILITY AND MAINTENANCE EASEMENT I i , I 1 - i i 75 FEET i SOUTH PROPERTY LINE PAREC E EF SCALE. 1 pldl = 7017 /eel PUBLIC w( 3301 EAST NAPLES, FI Collier County Reel Property Management Department WN 7U..i 7 2 T_n 1 04f27199 2:44 PM I NORTH PROPERTY LINE I (EXISTING 50 FT. RAN EASEMENT) (GOLDEN GATE BLVD.) .._._.._. } ..._.. ._.._ _.._.._.._.._.._.._.._.._.. _ EXISTING . RAN LINE I 25 FOOT SIDEWALK, DRAINAGE j UTILITY AND MAINTENANCE EASEMENT I i , I 1 - i i 75 FEET i SOUTH PROPERTY LINE PAREC E EF SCALE. 1 pldl = 7017 /eel PUBLIC w( 3301 EAST NAPLES, FI Collier County Reel Property Management Department WN 7U..i 7 2 T_n 1 04f27199 2:44 PM PROJECT: 63041 PARCEL: 220BT FOLIO: 36965640003 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY( t. The East 30 feet of the West 37 feet of the South 15 feet of the North 90 feet of the West 75 feet of the West 150 feet of Tract 82, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. I JUN q3 PROJECT NO. 63041 PROJECT PARCEL NO. 220 C rQ u 10 90. 369 �5720004- t LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The South 25 feet of the North 75 feet of the East 75 feet of the West 150 feet of Tract 82, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. (EXISTING 50 FT. RAY EASEMENT) (GOLDEN GATE BLVD.) EXISTING R.. .. I....._. ...._ ......_........_.._....._.. A 25 FOOT SIDEWALK, DRAINAGE ' I UTILITY AND MAINTENANCE EASEMENT / WEST PROPERTY LINE PROPERTY LINE Color County Real Property Management Department 75 FEET SrALE.• i fth - 100 feet la .ivice L L r..a,e 04127M 2:46 PM .g _-a : �. PROJECT: 63041 PARCEL: 220CT FOLIO: 36965720004 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY( The West 30 feet of the East 37 feet of the South 15 feet of the North 90 feet of the West 150 feet of Tract 82, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. /P_�p- r�MrED BY: ^ F#ADND P.L. PUB 2;�IB G. 3307 TTAMAM TRAIL NAP S, FL0 34112 Pa. �t _ or OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION PROJECT No. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 222 Fo 1, o *k- cl t, SS I. T 000, (1 MY R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE 33CY F LEXIST. 50' RIW EASEMENT--A EXISTING RIGHT OF WAY LINE — — — — — — - — — — — — — — — — — — — — — — — — — — - — — — — — — — 25 FOOT DRAINAGE, SIDEWALK, UTILITY, & MAINTENANCE EASEMENT EAST ISO FEET TRACTa2 Il so i WEST PROPERTY LINE I DESCRIPTION: 1 NY 82 THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 180 FEET OF TRACT 82, GOLDEN GATE ESTATES UNIT NO. 8 AS RECORDED IN PLAT BOOK 4, PAGE 97 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. I DRAWN BY I' - Iw I JULY 17, 1998 1 GOO222 EAST PROPERTY LINE ARED .... ...... 'OG I .6E R. P.L.S. Di PUBLIC WORKS ENGINEERING I 3301 EAST TAMAAG TRAIL NAPLES, FLORIDA 34112 RICHMON 21VV T l 2 Z t x t PROJECT NO. 63041 PROJECT PARCEL NO, 223 F,L.►o ►Jb. 4 I �2 ooca'T LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 180 feet of Tract 97, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. 180 FEET I WEST PROPERTY LINE LINE N 15 FOOT DRAINAGE, UTILITY N AND MAINTENANCE EASEMENT EXISTING R1W LINE erg' ............... .............. (GOLDEN GATE BLVD.) fi (EXISTING 50 FT. HANEASE MEN T)'' r SOUTH PROPERTY LINE PARE SCALE: 1 Inch = 100 feet oe tnroRKS I 3301 T AtN TRAIL S. CoNer County Real Property Management Department J lJ t r Z D8 I)M 5:18 PM PROJECT: 63041 PARCEL: 223T FOLIO: 36916200007 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 73 feet of the North 20 feet of the South 85 feet of the West 180 feet of Tract 97, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 224 0004 FF EXHIBIT "A" (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE EXIST. 50' R1W ASEMENT . -_ -- EXISTING RIGHT OF WAY LINE __,.._.. j -- --- --- -._ --- - - -- -- - -_ - �._____' r - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - 25 FOOT DRAINAGE, SIDEWALK, UTILITY, 6 MAINTENANCE EASEMENT WEST 180 FEET TRACT 111 I I w 100 100 TRACTI 111 WEST PROPERTY LIN ' EAST PROPERTY LINE 337 SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180 FEET OF TRACT 111, GOLDEN GATE ESTATES UNIT NO. S AS RECORDED IN PLAT BOOK 4, PAGE 97 OF THE PUBLIC RECODS OF COLLIER COUNTY, FLORIDA. DRAWN BY CHECKED BY SCALE DATE FLE NO. i- • 100 I JULY 17, 1998 I GG8224 I i ROARED t. . ..l..r.... ..... /�i� G OR R. RICFN4DND P.L.S. t 2408 PUBLIC WORKS ENGINEERING DEPT, 3301 EAST TAPAAM TRAIL NAPLES, FLORIDA 34112 ++1:1-..; : TLA �r 1 OF 1 PROJECT NO. 63041 PROJECT PARCEL NO. 225 fo-►a tk,, 361111. 1Gomb LEGAL DESCRIPTION & SKETCH (NOT A SURVEY The North 15 feet of the South 65 feet of the West 75 feet of the East 150 feet of Tract 97, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 75 FEET / J. WEST PROPERTY LINE I I EAST PROPERTY LINE N 11 15 FOOT DRAINAGE. UTILITY AND MAINTENANCE EASEMENT EXISTING R/W LINE (GOLDEN GATE BLVD.) (EXISTING 50 FT. RAN EASEMp1T) ' SOUTH PROPERTY LINE f P ARED SCALE: 1 Inch = 100 feel PUBM WORKS NO 3301 EAST T TRAIL, • [7 NAPLES. FLOR1 112-t i t Colder County Reel Property Menapemml Depertriml �� 0817098 5:47 PM PG. a /s�.t� OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO, 63041 (NOT A SURVEY) PROJECT PARCEL NO. 226 duo X10. 3�t6'792DOC� (100' R.O.W.) GOLDEN GATE BOULEVARD 330' NORTH PROPERTY LINE F ASEMENT EXISTING RIGHT OF WAY LINE i ------------------/,SIDEWALK, OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO, 63041 (NOT A SURVEY) PROJECT PARCEL NO. 226 duo X10. 3�t6'792DOC� (100' R.O.W.) GOLDEN GATE BOULEVARD 330' NORTH PROPERTY LINE F ASEMENT EXISTING RIGHT OF WAY LINE EXIST, 50' R%W E ------------------/,SIDEWALK, - � --------------- 5 FOOT DRAINAGE, UTILITY, R MAINTENANCE EASEMENT EAST 150 FEET TRACT 111 so 100 goo TRACT 111 WEST PROPERTY LINE L 330' i 1 SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 150 FEET OF TRACT 111, GOLDEN GATE ESTATES UNIT NO. 8, AS RECORDED IN PLAT BOOK 4, PAGE 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EAST PROPERTY LINE r. . PARED B F .... % OE E R. RIC,#AOND P.L.S. i 406 PUBLIC WORKS ENGINEER WfA DEPT., 3:101 EAST TAWAIN TRAIL NAPLES, FLORIDA 34112 ' DRAWN BY CHECKEDBY SCALE DATE _.. FLE NO A,._ - , 1" • 1DO' JULY 17, 1995 GGB228 NO._T ' !o! �ECT NO. 63"1 ' PROJECT PARCEL NO. 227 io-*: 31:.916 `l000 -j ; LEGAL DESCRIPTIO N & SKETCH (NOT A SURVEY) EXHIBIT "A" r• The North 15 het of the South 65 feet of the East 75 feet of Tract 97, Golden Gate Estates Unit No, 7, as recorded In Plat Book 4, Page 95 of the Public Records of Collier County, Florida. d� 73 FEET I EAST PROPERTY LINE N 16 FOOT DRAINAGE, UTILITY V AND MAINTENANCE EASEMENT EXISTING RAN LINE • _ GOLDEN GATE BLVD. - _ - _I • (EXISTING 50 FT. ROW EASEKIENT)' - • _ SOUTH PROPERTY LINE - i�� YW •. PARE Y� - i .... ... . GEORGE R. R SCALE: I inch " 100I" PUBLIC WORKS WG191 iii �/2mm1 /M ti � PROJECT NO. 63041 PROJECT PARCEL NO. 229 �txro N�: 3ceq�t�32oo00 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) �i. The North 15 feet of the South 65 feet of the West 75 of the East 180 feet of Tract 98, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. WEST 75 FEET EAST PROPERTY LINE f w1 15 FOOT DRAINAGE, UTILITY AND V MAINTENANCE EASEMENT EXISTING RAN LINE (GOLDEN GATE BLVD.) j (EXISTING 50 FT. RAN EASEMENT)•' SOUTH PROPERTY LINE PE6 BY: R. IC P.LA SCALE: C inch ■ 100 feet NcINEeRI � 3301 EAST ST T T TtRiMM!! NAPLES•FLOR1 34112 j PM Color County Reel Property Management Department �+ . A Q06tl�0AA SM9 Project No. 63041 Parcel No.: 229 T Folio: 36916320000 TEMOPRARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the North 25 feet of the South 90 feet of the West 75 feet of the East 180 feet of Tract 98, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. P ;ARED B' ,�• :. - i R. rJ*ADM P.L PUBLIC WOF ;{� PTA 3307 EAST?AHAM TT -^ '- %�� NAPLES, FL I PROJECT NO. 63041 PROJECT PARCEL NO. 230 rolro No. 3c.qL80 o0oo(a LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The South 25 feet of the North 75 feet of Tract 112, LESS the East 30 feet thereof, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. — — _ — (EXISTING 50 FT. RM EASEMENT) — GOLDEN GATE BLVD. II _ ._.._.._.._ ._.._.. _.._.._.._.._.._.._.._.._.._... Z5 FOOT ROAD RIGHT -OF -WAY. f }}S�IDEWALK, DRAINAGE. UTILITY AND MAINTENANCE EASEMENT EXISTING W LINES I I I I iPERTY LINE � EAST PROPERTY LINE I 1 I I I 1 I I 300 FEET * :30 FT 30 FT; SOUTH PROPERTY LINE I I I I I I f I I { I I I i i N I I SCALE: 1 Inch - 100 feet P /1RED.Dy` r CdAer Count' Real Property Manaparnenl DaparNanl 1 u c.� O/j29AE i2S� PM s i '1 PROJECT NO. 63041 PROJECT PARCEL NO. 231 69 I WL.1 000 1 I EGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 105 feet of Tract 98, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. i 75 FT 130 FT 0 FT I I I i I I 1 I I I I I I I i I I I I I I / WEST PROPERTY LINE I e I EAST PROPERTY LINE I I i i N EXISTING RAN LINES 60 R. 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT I ..... .._.._.I L.. _.._.._.._.._.. —•-- GOLDEN GATE BLVD, (EXISTING 50 FT. RAN EASEMENT) SOUTH PROPERTY LINE T -• PREPARED �.y SCALE: 1 inch = 100 feelORGE R. RICHMOND P L.S. a 2406 PUBLIC WORKS ENGINEERING DEPT. APLES.FLCiMW4 2• Collier Counly Real Property Management DepaMmenl 06R 12:13 P fN JUN P,. _ /oG EXECUTIVE SUMMARY ADOPT SIX (6) RESOLUTIONS 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 DRIVEWAY RESTORATION INTERESTS BY EASEMENT AS TO PARCELS 134A -134B, 734A -734C, 136B -136C, 232 - 250T, 251 -258, 261A -263, 265A -271, 272 -273, 276 -278B, 280 -283, 286 -286T, 288A- 288AT, 290 -294, 297 -299, 301, 303, 305 -319, 321 -321T, 323 -327T, 328T -334T, 336 -345T, 347 -347T, 349 -350, 351 -352, 354 -363T2 AND 367 -372T, FOR THE CONSTRUCTION OF THE FOUR LANE IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD, CIE NO. 62. OBJECTIVE: To adopt six (6) Resolutions to acquire 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 driveway restoration interests by easement as to Parcels 134A -134B, 734A -734C, 136B -136C, 232 -250T, 251 -258, 261A -263, 265A -271, 272 -273, 276 - 278B, 280 -283, 286 -286T, 288A - 288AT, 290 -294, 297 -299, 301, 303, 305 -319, 321 -321T, 323 - 327T, 328T -334T, 336 -345T, 347 -347T, 349 -350, 351 -352, 354 -363T2 and 367 -372T, required to complete the four -lane roadway improvements for Golden Gate Boulevard between C. R. 951 and Wilson Boulevard, CIE No. 62, (hereinafter referred to as "the Project "). CONSIDERATION: On October 28, 1997, the Board of County Commissioners adopted Ordinance No. 97 -55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Resolution No. 97 -62 for CIE 462. On April 28, 1998, the Board of County Commissioners adopted Resolution No. 98 -107 authorizing the County Staff to acquire by gift or purchase certain easements and fee simple title to the property and property interests required and necessary for the four -lane roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project and the Board finds that the most feasible location for the additional road right -of -way for the construction of the Project is more particularly described in Exhibit "A" of the attached Resolutions. Since staff will be unable to successfully negotiate with all of the remaining property owners to obtain a Temporary Driveway Restoration Easement on property that is currently vacant but may be developed prior to the completion of construction, staff is recommending that the Community Development and Environmental Services Division attempt to obtain a Temporary Driveway �- Restoration Easement from property owners when they apply for a building permit. The Temporary Driveway Restoration Easement will allow Collier County to improve the driveway from the new sidewalk to the elevation of the driveway being constructed. FISCAL IMPACT: The right -of -way acquisition cost estimate has just recently been updated to reflect actual appraised values and all of the most recent design changes. Total acquisition costs, from Parcels 134A -134B, 734A -734C, 136B -136C, 232 -250T, 251 -258, 261A -263, 265A -271, 272 -273, 276 -278B, 280 -283, 286 -286T, 288A- 288AT, 290 -294, 297 -299, 301, 303, 305 -319, 321 -321T, 323 -327T, 328T -334T, 336 -345T, 347 -347T, 349 -350, 351 -352, 354 -363T2 AND 367 -372T are estimated at $1,400,017 and includes all land, improvements, and severance damage pay -outs as well as all overhead costs and expenses which may be incurred through condemnation. Final judgment for those fee simple title interests and/or perpetual, non - exclusive, easements referenced in Exhibit "A ", are required to complete the four -lane roadway improvements for the Project. (Please note three (3) previous Resolutions were presented to the Board of County Commissioners on April 27, 1999, and were approved. They were Resolution Nos. 99 -220, 99- 221 and 99 -222 for this project. Resolution No. 99 -221 is being superseded by another Resolution being presented at this Board of County Commissioners meeting. This superseded Resolution is being presented to correct a scrivener's error identifying the type of interests to be acquired for Parcels 188, 216 and 320.) 11,� Funds are available in FY 99 and FY 00 in road construction gas taxes for the Golden Gate vV Boulevard Project Account No. 63041. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan for CIE 962. RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Resolutions 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 driveway restoration interests by easement as to Parcels 134A -134B, 734A -734C, 136B -136C, 232 -250T, 251 -258, 261A -263, 265A -271, 272 -273, 276 278B, 280 -283, 286 -286T, 288A - 288AT, 290 -294, 297 -299, 301, 303, 305 -319, 321 -321T, 323 - 327T, 328T -334T, 336 -345T, 347 -347T, 349 -350, 351 -352, 354 -363T2 AND 367 -372T, required to complete the four -lane roadway improvements for Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and (2) Authorize the Chairman to execute the attached Resolutions. PREPARED BY: REVIEWED BY: Deena L. Quinn, Senior Specialist Real Property Management Department •l A. N. Korti, Project Manager Public Works Engineering Department DATE: G-5-51 DATE: L- M SCg) Cat) a REVIEWED BY: Richard Hellriegel, Senior Project Manager Public Works Engineering Department ^,/ REVIEWED BY: DATE: 9 DATE: iirey Bibby, Director Public Wor ginee ing Department APPROVED zV DATE: 0/Iff Ed Dschne rAdministrator Public Works Division 3 i RESOLUTION NO. 99- A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT, AS TO PARCELS 134A -134B, 734A -734C, 136B -136C, AND 232 -250T, FOR THE CONSTRUCTION OF THE FOUR -LANING ROADWAY IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD PROJECT, CIE NO. 62. 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 i 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 Golden Gate Boulevard Road between C. R. 951 and Wilson Boulevard 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 April 28, 1998, adopted Resolution No. 98 -107 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 Golden Gate Boulevard four- laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard, and WHEREAS, the Board of County, Commissioners, on April 27, 1999, adopted three (3) Resolutions for Parcels IOIA -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 122A -123, 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149 -153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 (Resolution No. 99 -221), authorizing the County staff to acquire by gift, purchase or condemnation certain easements and /or fee simple title to the property and property interests required and necessary for the Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and WHEREAS, the parcels described in this Resolution include Parcels 134A -134B, 734A -734C, 136B-136C, and 232- 250T; 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; and C7 JUN 2 2 iS Page 1 1 WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long1range planning -5 options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. 1 + NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board "i that the construction of the four - laning roadway improvements for the Golden Gate Boulevard between C. R. 951 and Wilson Boulevard, (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. AND IT IS FURTHER RESOLVED that construction of the Project is part of theltounty's } long range planning effort, and is included in the Transportation Element of the County's sComprehensive Plan for Growth Management, as approved by the Florida Department of Community r�' a 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 t ;t consideration of these issues, the most feasible location for construction of the proposed 4' ? 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: the perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance and temporary jdriveway restoration 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 staff is hereby authorized to immediately A 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 from the property to be acquired. .i Page 2 This Resolution adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: J�.� J 'd eidH i F. Ashton Assistant County Attorney Clerk day of 19. after motion, i i BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KTE, CHAIRWOMAN JUN 7 15': L Paqe 3 '0 RESOLUTION NO. 99-— .( 2 ;': Y 3 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY 4 GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL ANON- V. 5 EXCLUSIVE, ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, 1 6 DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY 7 RESTORATION INTERESTS BY EASEMENT AS TO PARCELS 134A- 8 134B, 734A -734C, 136B -136C, AND 232 -250T FOR THE 9 CONSTRUCTION OF THE FOUR -LANING ROADWAY 10 IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. i- " 11 951 AND WILSON BOULEVARD PROJECT, CIE NO. 62. i 12 WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted j 13 Ordinance No. 97 -55 therein establishing the 1997 (Seventh Annual) Capital Improvement t 14 Element of the Growth Management Plan in order to establish priorities for the design, "' •'':;', 15 acquisition and construction of the various capital improvement projects. The Transportation 16 Element of the County's Comprehensive Plan was adopted in Ordinance No. 97 -62; and 17 WHEREAS, the four - laning improvements to Golden Gate Boulevard Road between i I ' 18 C. R. 951 and Wilson Boulevard is one of the capital improvement projects required under the E 19 Transportation Element of the County's Comprehensive Plan; and 20 WHEREAS, the Board of County Commissioners, on April 28, 1998, adopted 21 Resolution No. 98 -107 authorizing the County Staff to acquire by gift or purchase certain 22 easements and/or fee simple title to the property and property interests required and necessary 23 for the Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard 24 between C. R. 951 and Wilson Boulevard; and 25 WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three 26 (3) Resolutions for Parcels 101A -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 27 122A -123, 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149 - 28 153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 29 (Resolution No. 99 -221), authorizing the County Staff to acquire by gift, purchase or 30 condemnation certain easements and /or fee simple title to the property and property interests + 31 required and necessary for the Golden Gate Boulevard four - laning roadway improvements of C. Wilson Boulevard; 32 Golden Gate Boulevard between R. 951 and and r JUN 2 2 19­i Page 1 .1 t 1 WHEREAS, the parcels described in this Resolution include Parcels 134A -134B, 2 734A -734C, 136E -136C, and 232 -250T; and j: 3 WHEREAS, the location for construction of the proposed improvements has been i ' 4 fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" 4 1 ! 1 � q. 5 attached hereto and incorporated herein. t 6 WHEREAS, after consideration of the availability of alternate routes and locations, the 7 comparative costs of project alternatives, various impacts upon the environment, long range 8 planning options, and public safety considerations, the Board desires to exercise its right to 9 condemn property for public purposes. 10 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 11 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the 12 Board that the construction of the four- laning roadway improvements for the Golden Gate 13 Boulevard between C. R. 951 and Wilson Boulevard, (hereinafter referred to as "the Project ") 14 is necessary and in the public's best interest in order to protect the health, safety and welfare of 15 the citizens of Collier County. 16 AND IT IS FURTHER RESOLVED that construction of the Project is part of the i 17 County's long range planning effort, and is included in the Transportation Element of the r.. 18 County's Comprehensive Plan for Growth Management, as approved by the Florida 19 Department of Community Affairs. 20 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative F 21 locations for the project, various impacts to the environmental, public safety and welfare i i 22 considerations associated with the design and construction of the project, and the costs 23 associated with the design, property rights acquisition, and construction of the project; and the 24 Board finds that after consideration of these issues, the most feasible location for construction 25 of the proposed improvements is collectively represented by the legal descriptions comprising 26 Exhibit "A" attached hereto and incorporated herein. 27 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, 28 it is necessary for the Board to acquire the various real property interests described Exhibit "A" 29 to wit: the perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance 30 and temporary driveway restoration interests by easement. JUN 2 Z 1991< 4 F Page 2 g I AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is 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 from the property to be acquired. This Resolution adopted on this motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Clerk Approved as to form and legal sufficiency: _6L,t, 0 -\- Heidi F. Ashton Assistant County Attorney day of 19� after BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Paqe 3 JUN 2 2 15 4 i� 2 3 4 5 6 7 8 �r 9 10 11 12 13 i. 14 15 16 17 18 i.`. 19 20 21 22 23 24 25 •r, a,i. , AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is 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 from the property to be acquired. This Resolution adopted on this motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Clerk Approved as to form and legal sufficiency: _6L,t, 0 -\- Heidi F. Ashton Assistant County Attorney day of 19� after BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Paqe 3 JUN 2 2 15 PROJECT NO. 63041 PROJECT PARCEL NO. 134A 01 361166100 Go LEGAL DESCRIPTION & SKETCH (NOTA SURVEY) I DIA % I-A g SDUE - The South 25 feet of the North 75 feet of the West 250 feet, together with thdlSouth 15 feet of North 65 feet of the East 80 feet, of Tract 113, and the South 15 feet of the North 65 feet of Tract 128, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. (PLATTED 50 FT, RAN EASEMENT) I GOLDEN GATE BLVD. .. . .. . .. . .. . . . . . . . .. . .. . .. . .. . .. . .. . . . . . . . . . . . . . .. . . . . .. . . . ............... ......... ................... ...... 10 x 20 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT 15 FOOT SIDEWALK, DRAINAGE, UTILITY (0 U E) AND MAINTENANCE EASEMENT (SDUE) I J'i A 25 FOOT SIDEWALK, DRAINAGE UTILITY AND MAINTENANCE EASEMENT (SDUE) 1311A N WEST PROPERTY LINE EAST PROPERTY LINE Collier County Real Property Management Dspenment 7 LINE Prepared George c mond P.L.S. #2406 Public Works Engineering Dept. SCALE: I Inch 100 feel 3301 Tarniami Trail East Naples, FL 34112 OW26 83:19PM ,JUN 2 ? PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 F.X of "N" 'LEGAL DESCRIPJION (NOT A SURVEY) TEMPORARY PROJECT NO ..... 63041 PARCEL NO ...... 734 A,B,C. FOLIO N0.� (-,L.'{ oncI DRIVEWAY RESTORATION EASEMENTS i PARCEL 734A THE SOUTH 35 FEET OF THE NORTH 110 FEET OF THE WEST 60 FEET; AND PARCEL 734B THE SOUTH 35 FEET OF THE NORTH 110 FEET OF THE EAST 65 FEET OF THE WEST 245 FEET, OF TRACT 113, GOLDEN GATE ESTATES UNIT NO. 4, AS RECORDED IN PLAT BOOK 4, PAGE 79 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOGETHER WITH; PARCEL 734C THE SOUTH 40 FEET OF THE NORTH 100 FEET OF THE WEST 40 FEET OF THE EAST 167 FEET,OF TRACT 128, GOLDEN GATE ESTATES, UNIT N0, 4, AS RECORDED IN PLAT BOOK 4, PAGE 79, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. , Prepared by..,Q� George R. chmond P L.S. 112406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 Q tR 7, JUN 2IK- r PROJECT NO. 63041 PROJECT PARCEL NO. 136 B F01.10 Or '. 3 a7 % 7.4 o oco e., LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 50 feet of the South 115 feet of the West One Half (1/2) of Tract 121, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4 Page 77 of the Public Records of Collier County, Florida. 165 FEET WEST PROPERTY LINE 4 EAST PROPERTY LINE 01 PROPOSED 50 FT DRAINAGE & MAINTENANCE EASEMENT ....... 15 FT EXISTING R/W LINE (GOLDEN GATE BLVD.) —(EXISTING 50 F.T. R/W-EASEME.NTI SOUTH PROPERTY LINE SCALE: finch - 1001ve1 Collier County Real Property Management Department EXISTING 15 FOOT DRAINAGE, UTILITY AND MAINT. EASEMENT (OR 2479. PG 2920) P PAR GE R RICHMOND P L 24; PUBLIC WORKS f"GWefRiNG Of 730 EAST.TAMIAMI TRAIL IDA 34112 JUN 2 2 IS"-i PROJECT NO. 63041 EXHIgiT "A. PROJECT PARCEL NO. 136 C FOLIO 41 3&7 t742.o002. LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 50 feet of the South 115 feet of the East One Half (1/2) of Tract 121, LESS the North 10 feet of the South 75 feet of the East 20 feet thereof, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. 165 FEET WEST PROPERTY LINE 4 EAST PROPERTY LINE !U PROPOSED 50 FT. DRAINAGE 8 MAINTENANCE. EASEMENT 15 FT. EXISTING RAN LINE ..... ..... (GOLDEN GATE BLVD) (EXISTING 50 FT MW EASE1,4ENT, 50 n SOUTH PROPERTY LINE Collier County Real Property Management Department SCALE- OxII = 1X11Wl EXISTING 15 FOOT DRAINAGE, UTILITY AND MAINT. EASEMENT (OR 2479, PG 2920) EPAREDZy,7 >E RG R RICHMO!+D P PUBIC WORKS ENGINEEI 7]01 EAST TAMIAMI TRAIL kIll JUN 2 2 1995 1 PROJECT PARCEL NO.' 232 Folio -: 3L 9 lio `l000 3 LEGAL DESCRIETION & SKETCH (NOT A SURVEY) Exhibit "A" wj�} 1-,N' The North 15-;feet of the South 65 feet of Tract 127, LESS,the West 30 feet thereof, Golden Gate Estates Unit No. 7, as recorded In Plat Book 4, Page 95 of the Public Records of Collier County, Florida. .. I I I i I i ' , I I • i i I i NORTH PROPERTY LINE 30 FT 30 FT, 300 FEET I I WEST PROPEBTYLINLt —, t EAST PROPERTY LINE I , I I N EASTING RMI LINES ' F. .............. SOL 16 FOOT DRAINAGE, UTILITY AND MNNTENANCE EASEME147 7 I I .. ........ _.._.._J L.._.._.._.._.._.._. ._. _.._.._.._.._ (EASTING 50 FT. RM EASEMENT) GOLDEN GATE BLVD, SOUTH PROPERTY LINE Prepared by' :.�. Vii ......... George?mond P.L.S. 112406 Public Works Engineeiing Dept, SCALE: I Wh • 100 NO 3301 Tamiami Trail East Naples, FL 34112 CdW Coanq Rad PMWV M NOMMI 0r+Pa1W" it nvu 1;3' JUN 2 2 PROJECT NO, - 63041 EXttlbll PROJECT PARCEL NO. 233 Fcn-t o TJc . 349 t 8cao 5 LEQAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 150 feet of Tract 128, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. 150 FEET / WEST PROPERTY LINE EAST PROPERTY LINE li 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING RN LINE r (EXISTING 50 FT. R1W EASEMENT) Prepared b : ..:�n.l /��� //, SOUTH PROPERTY LINE George ithmond P.L.S. d240u Public Works Engineering Dept. SCALE: 1 Inch = 100 feet 3301 Tamiami Trail East Naples, FL 34112 Collor County Real Property Management Department S1 JUN 22 ` 15 9" �,�E 3301ST TAMIAMI TRAIL *APLE5 FLOI� DA 3a 1 1 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO 63. (NOT A SURVEY) PROJECT PARCEL NO 2A(1 ir0 T000� 31-54P01 000p EXHIBIT "A" 1� (100' R.O.W.) j GOLDEN GATE BOULEVARD f— NORTHIROPERTYUNE 1! i DESCRIPTION; *0VTH PROPERTY LNG ROAD RIGHT OF WAY,DRAINAGE, SIDEWALK,UTILITY, 3 MAINTENANCE EASEMENT IaTHE SOUTH 10 FEET OF THE NORTH 75 FEET OF THE EST 160 FEET OF TRACT 113, LESS THE WEST 30 FEET THEREOF; ANDA DRAINAGE, SIDEWALK,UTILITY, L MAINTENANCE EASEMENT; 1ATHE SOUTH 10 FEET OF THE NORTH 75 FEET OF THE EAST 150 FEET OF SAID TRACT 113; TOGETHER WITH; THE SOUTH W FEET OF THE NORTH 75 FEET OF TRACT 114• ALL IN GOLDEN GATE ESTATES UNIT NO B, AS RECORDED IN PLAT BOOK 4, PAGE 97, OF THE PUBLIC RECORDS OFCOLLIER COUNTY, FLORIDA. George lchmond P.L.S. 42406 Pablic Works Engineering Dept. 3301 Tamiami 'frail East Naples, FL 34112 DRAWN OY CHECKED OY SCALE OArE EXIST.60' R \W EASEMENT 1' • 10C ,JULY 17, 1996 i EXISTING RIGHT OF WAY L r SHEET 1 CF EAiSTWO IS i00T R0�0 7i0EW��K OR+.�-e � lRY S MsiNTFN�HCF EASFMF.rt (0 R 1ST S�SJi 10 FOOT DRAINAGE, i 10 FOOT ROAD RIGHT OF WAY SIDEWALK, UTILITY, MAINTENANCE DRAINAGE, SIDEWALK. UTILITY, EASEMENT 3 MAINTENANCE EASEMENT ` 3 I I y I I TRACT 113 , TRACT 114 I .I WEOT PROPERTY LNI 'r i I [A31 PROPERTY LINE — I 30' I — — I1' 300' -- I — 330' DESCRIPTION; *0VTH PROPERTY LNG ROAD RIGHT OF WAY,DRAINAGE, SIDEWALK,UTILITY, 3 MAINTENANCE EASEMENT IaTHE SOUTH 10 FEET OF THE NORTH 75 FEET OF THE EST 160 FEET OF TRACT 113, LESS THE WEST 30 FEET THEREOF; ANDA DRAINAGE, SIDEWALK,UTILITY, L MAINTENANCE EASEMENT; 1ATHE SOUTH 10 FEET OF THE NORTH 75 FEET OF THE EAST 150 FEET OF SAID TRACT 113; TOGETHER WITH; THE SOUTH W FEET OF THE NORTH 75 FEET OF TRACT 114• ALL IN GOLDEN GATE ESTATES UNIT NO B, AS RECORDED IN PLAT BOOK 4, PAGE 97, OF THE PUBLIC RECORDS OFCOLLIER COUNTY, FLORIDA. George lchmond P.L.S. 42406 Pablic Works Engineering Dept. 3301 Tamiami 'frail East Naples, FL 34112 DRAWN OY CHECKED OY SCALE OArE ?acw 1' • 10C ,JULY 17, 1996 005234 SHEET 1 CF JUN 22 1. ho PROJECT NO. 63041 PROJECT PARCEL NO. 235 'Pa 110 L '310- C11 I91 :z 000'i LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT "A" The North 15 feet of the South 65 feet of the East 180 feet of Tract 128, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. 180 FEET WEST PROPERTY LINE EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING RAH LINE GOLDEN GATE BLVD. fir (EXISTING 50 FT, RAN EAS @MENTI SOUTH PROPERTY LINE T Prepared bv:. Rj�R'i fir..,:.........".. , . . George chnnond P.L.S. 112406 Public Works Engineering Dept. SCALE: 1 Inch ■ 100 feel 3301 Tarniami Trail East Naples, FL 34112 Collier County Real Property Management Department JUN 2 2 19:- x a Ut- I- IUL -. UI- U/AIJI I f-\ L HI-<UJL-U 1 5 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -6192 SKETCH OF DESCRIPTION PROJECT NO 63041 (NOT A SURVEY) PROJECT PARCEL NO. 236 rOL O 140 Zr70C)g2oo04. EXHI6I i ,A" E� i (100' R.O.W.) GOLDEN GATE BOULEVARD - Natnl PitoPEn TY ONE E IST.50'R0I ASEMENT• • '— EAISTWG RIGHT OF WAY LINE 25 FOOT DRAINAGE, SIDEWALK, UTILITY, 6 MAINTENANCE EASEMENT E ST 105 FEW 0 $o goo T ACT 16 EASTP OPERTY LINE WEST PROPERTY LIN L 303' SOUTH PROPERTY LWE DESCRIPTION; THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 105 FEET OF TRACT 16, GOLDEN GATE ESTATES UNIT NO 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, Prepared by.. a.�nr�. .. George R cltmond P.L.S. 112406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, PL 34112 DRAWN BY CHECKEOBY SCALE OAIE 11ltNU 1 • Iw JULY 20, 1990 00O230 SHEET 1 OF 1 d 7) F �� Project No. 63041 Parcel No.: 236 T Folio #: 37010920004 �(y ►6►j "}?s" TEMObRARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY The West 30 feet of the South 30 feet of the North 105 feet of the West 105 feet of Tract 16, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99 of the Public Records of Collier County, Florida. C Prepared by: ..: i��l .. •.. •... George R chmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail E.,st Naples, FL 34112 JUN 2 2 1 � J � PROJECT NO. 63041 PROJECT PARCEL NO. 237 OCU Y Ooa "A �1t11Crli 'J ;'; (, LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) E a The North 15 feet of the South 65 feet of the West 180 feet of Tract 1, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101, of the Public Records of Collier County, Florida. 160 FEET / WEST PROPERTY LINE e EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING R/W LINE 1 ...........' .................. _.._.._.._.._. _.._. _.._.._.._.._.._.._.. GOLDEN GATE BLVD. 1 (EXISTING 50 FT. RAN EASEMENT) SOUTH PROPERTY LINE Prepared by ..... ........ `'.... George R. chmond P.L.S. k 2406 Public Works Engineering Dept. SCALE: 1 Inch • 100 feet 3301 Tamiami Trail East Naples, FL 34112 CoNer County Real Property Maneyemenl Deportment r, 06/230 12 21 PM v (7) JUN 9 ?6 25 FOOT SIDEWAI b MAINTI EASEME OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. (NOT A SURVEY) PROJECT PARCEL NO. 4� EXHIBIT „A„ (100' R.O.W.) GOLDEN GATE BOULEVARD r NORTH PROPERTY LINE 11m, 11 _ _ _ _ _ DRAINAGE, K, UTILITY, E IST, ._ — — — — — 50' RM — — -- ASEMENT — — — — - --. —. ------------ EXISTING RIGHT OF WAY LINE % :NANCE 4T EAST 75 FEET EST 180 FEE TRACT 18 o w 160 x r TRACT 16 WEST PROPERTY LINE EASTPR PERTYLINE 105' 1 7s. 75' 75' L 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 75 FEET OF THE WEST 180 FEET OF TRACT 16, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY (CHECKED BY V-1001 I JULY 20, 1998 ' GG8238 PICPaTcd Georgc R. chmond P,L.S. 112406 Public rks Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 SHLET 1 OF -- 1 JUN 2 2 1: PROJECT: Golden Gate Boulevard PARCEL: 238T FOLIO: 37010960006 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the South 30 feet of the North 105 feet of the East 75 feet of the West 180 feet of Tract 16, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99 of the Public Records of Collier County, Florida. '7� Prepared b V.hZond George P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 3 L JUN PROJECT NO. 63041 PROJECT PARCEL NO. 239 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) 4� The North 15 feet of the South 65 feet of the East 150 feet of Tract 1, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. WEST PROPERTY LINE EXISTING RM' LINE GOLDEN GATE BLVD, SOUTH PROPERTY LINE Color County Real Property Management Department 150 FEET EAST PROPERTY LINE 61 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT ........................ (EXISTING 50 FT. RAH EASEWNT) I 7 Prepared b ....�i George R chmond P.L.S. #2406 Public Works Engineering Dept. SCALE: 1 Inch = 100 feel 3301 Tamiami Trail East Naples, FL 34112 <o�mree /2. , � r JUN ? 2 � 25 FO SIDE1 6 MAI EASE OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -6192 SKETCH OF DESCRIPTION PROJECT 6304 (NOT A SURVEY) PROJECT PAORCEL NO. 240 1 Fb o tt•. 3b+ c )aA EXHIBIT "A" (1 DO- R.O.W.) GOLDEN GATE BOULEVARD � NORTH PROPERTY ONE aan -- -- -- CT DRAINAGE, VALK, UTILITY 4TENANCE E IST.50'R%W -- — — — — E — — — — ASEMENT -- — — — — — EXISTING RIGHT OF WAY LINI — — — — — — — KENT WEST 75 FEE AST 150 FEET TRACT 111 70 100 X TRACT 16 WEST PROP RTY LINE EA T PROPERTY LNIE A 105' 75, 75' 75' ;Mu SOUTH PROPERTY LINE DESCRIPTION THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF THE EAST 150 FEET OF TRACT 16, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY CHECKED BY SCALE DATE 1' • 100 JULY 20, 19911 7 Prepared George & chmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 GGB240 I SHEET 1 OF 1 1 .1UN 2 2 1� Project: Golden Gate Boulevard Parcel: 240T Folio: 37011000004 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the South 25 feet of the North 100 feet of the West 75 feet of the East 150 feet of Tract 16, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. Prepared b ...' "��� i George 'chmond P.L.S. 42406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 JUN 2 2 1S' r OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO 630.11 (NOT A SURVEY) PROJECT PARCEL IJU 241 ft)J -Tow 3`1 o3so8 �5 ?� "j Iljlill 'A' (100' R O.W.) GOLDEN GATE BOULEVARD rrol111111 ,I- kT1111:e 11,1' JJU' SOUTH PROPERTY LINE DESCRIPTION THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 75 FEET OF TRACT 16, GOLDEN GATE ESTATES UNIT NO 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SCALE DATE FILE NO V ,< 100' JULY 20, 1998 GGEJ241 Gaxgo krfticlul,.nd Y_L.S u140b Public Wurks E1161,1ccnng Dept 3301 Tamianu Trail East Naples, FL 34112 4 - E' IST. 50' MW t ASEMENT -- SS � EXISIIIlG kI(,HI OF VJFf Lntf 25 FOOT DRA"f A.E, SIDEI'JAt 1C, 1) 11t IT f, d MAIN'ENANLE EASEMENT +I 11 Ill � LL � U NUQQ (y� W ~ `1 II 0 50 100 2U TRACT 16 105' 75' 75' JJU' SOUTH PROPERTY LINE DESCRIPTION THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 75 FEET OF TRACT 16, GOLDEN GATE ESTATES UNIT NO 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SCALE DATE FILE NO V ,< 100' JULY 20, 1998 GGEJ241 Gaxgo krfticlul,.nd Y_L.S u140b Public Wurks E1161,1ccnng Dept 3301 Tamianu Trail East Naples, FL 34112 4 - Project: Golden Gate Boulevard Parcel: 241 T Folio: 37010880005 EXHIBIT "A" i TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 45 feef.of the South 20 feet of the North 95 feet of the East 75 feet of Tract 16, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. �'J� Prepared by ...:.�� .'.�......... ���i George R .chmond Y.L.S. 42406 Public Works Enginreriug Dcpt. 3301 Tamiami Trail East Naples, FL 33112 8(61 Cif JUN 2 2 ► �7 PROJECT NO. 63041 PROJECT PARCEL NO. 242 i-�O .3'701101- 4tXX.Yo EXHIBIT "A" LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) 1 The South 25 feet of the North 75 feet of the West 75 feet of Tract 17, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida, GOLDEN GATE BLVD. (EXISTING 50 F7. RAN EASEMENT) EXISTING RM LINE PROPOSED 25 FOOT RIGHT-OF-WAY, SIDEWALK, DRAINAGE, UTILITYANOMAINTENANCE EASEMENT WEST PROPERTY LINE e Colter County Real Property Management Depadmenl !l1 i i I i Prepared George R , chmond P.L.S. #2406 1 Public Works Engineering Dept. SCALE: 1 Inch • 1DD leel 3301 Tamiarui Trail East Naples, FL 34112 / 41)2 9(1¢)'PM f juN 2 E : PROJECT NO. 63041 PROJECT PARCEL NO. 243 Fo�o # 3�0(��Zacr�3 EXHIBIT "A" LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 150 feet of Tract 2, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. 150 FEET WEST PROPERTY LINE EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY 14 AND MAINTENANCE EASEMENT EXISTING RM! LINE (GOLDEN GATE BLVD.) i (EXISTING 50 FT. R/W EASEMENT) SOUTH PROPERTY LINE Prepared .,�1.— .t:�'!..,/!�S George chmond P.L.S. 0 2406 Public Works Engineering Dept. SCALE: 1 Inch = 100 feel 3301 Tamiami Trail East Naples, FL 34112 Collier County Real Property Management Department tffulve 5;5u I'M �L'N 2 2 ' a a% . Project: Golden Gate Boulevard Parcel: 243T Folio: 37060120003 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 90 feet of the North 5 feet of the South 70 feet of the West 150 feet of Tract 2, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida Prepared b ... .... ..... .......... George . 'chmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 rhY 25 FOOT RI DRAINAGE & MAINTE., OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. (NOT A SURVEY) PROJECT PARCEL NO, Foy -roe, 3r7oirl;Lo� EXHIBIT "A" (100' R.O.W.) GOLDEN GATE BOULEVARD FNORTH PROPERTY LINE 1 330' 1 -SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET OF TRACT 17, GOLDEN GATE ESTATES,UNIT N0, 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY CHECKED BY SCALE DATE FILE NO. I . 100 JULY 20, 1998 G08244 George chmond P.L S. #2406 Public Works Engineering Dept. 3301 Tamismi Trail East Naples, FL 34112 SHEET i OF ' AS � leX� EXIST, 50' 1W EASEME T I EXISTING RIGHT OF WAY LINE IAD RIGHT OF AY SIDEWALK, U ILITY, ANCE EA5EM NT �r I LU LL ~ y N h �3 W IUj N I� I.. 0 50 100 - TRACT 17 I WEST PROP TY LWE -EAST P I OPERTY LINE f I 4 75' 1 75' 1 75' I 1 75' 30' 1 330' 1 -SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET OF TRACT 17, GOLDEN GATE ESTATES,UNIT N0, 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY CHECKED BY SCALE DATE FILE NO. I . 100 JULY 20, 1998 G08244 George chmond P.L S. #2406 Public Works Engineering Dept. 3301 Tamismi Trail East Naples, FL 34112 SHEET i OF ' AS � leX� Project: Golden Gate Boulevard Parcel: 244T Folio: 37011120007 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the South 30 feet of the North 105 feet of the East 75 feet of the West 150 feet of Tract 17, Golden Gate Estates Unit No. 9 as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. Prepared b r� . ` ... ............. `/ i George bond P.L.S. #2406 Public Works Engineering Dept. 3301 Tan lami Trail East Naples, FL 34112 e JUN 2 2 �`v PROJECT NO. 63041 PROJECT PARCEL NO. 245 F04-0 -$P 37000KoCM5 UHibl► "A" LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 180 feet of Tract 2, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. 150 FT 130 FT 30 FT I 1 I I I I 1 I I I I I I I I 1 � I I I I 1 PlEST PROPERTY LINE i r I EAST PROPERTY LINE I I I I I I N EXISTING RAN LINES 60 It. -1 I 15 FOOT DRAINAGE. UTILITY I I AND MAINTENANCE EASEMENT _.._.._.._.._.._.._.. _.._.J L.._. `- - (GOLDEN GATE BLVD.) (EXISTING 50 FT. RAY EA. -MENT) SOUTH PROPERTY LINE Prepared by' .. .........c.' ..... �f George chmond P.L.S. #2406 Public Works Engineering Dept. SCALE: 1 Inch • 100 feet 3301 Tamiami Trail East Naples, FL 34112 Colher County Real Property Management Department Q� Q8�5:51 PM s � Project: Golden Gate Boulevard Parcel: 245T Folio: 37060160005 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 35 feet of the West 60 feet of the North 30 feet of the South 95 feet of the East 180 feet of Tract 2, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. Prepared try��.: �..,..... George R chmond P.L.S. #2406 Public W rks Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 X4)(7) 25 FOOT RI DRAINAGE b MAINTEN i OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. (NOT A SURVEY) PROJECT PARCEL NO. Poirot' 3ry-)I I I(o� EXHIBIT "A" (100' R.O.W.) GOLDEN GATE BOULEVARD FNORTIIPROPERTYLINE Ian- )AD RIGHT OF SIDEWALK, U NAY ILITY, EXIST. 50' \W EASE ME T I I j-- EXISTING RIGHT OF WAY LIP ANCE EASEME NT I uj �LLr I H �� 13 I� so Tm w TRACT 17 co I WEST PROP RrY LINE I WT (ROPE TY LINE 75' 75' 1 75' I I 75' 1 317 a:ur SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF THE EAST 1110 FEET OF TRACT 17 GOLDEN GATE ESTATES,UNIT NO, 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY CHECKED BY SCALE DATE FILE NO. I 1 -' 100 JULY 20, 19fl8 GG824a PreparVby:, Georgend P L.S. X12406 Public ineering Dept. 3301 Tamiami Trail East Naples, FL 34112 SHEET 1 OF L;IM I .JUN &J Project: Golden Gate Boulevard Parcel: 246T Folio: 37011160009 i EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 48 feet of the South 30 feet of the North 105 feet of the West 75 feet of the East 180 feet of Tract 17, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. Prepared b�' � �4/ George R. chmond P.L.S. 02406 Public Works Engineering Dept. 3301 Tamlami Trail East Naples, FL 34112 JUN 2 2 r OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO, (NOT A SURVEY) PROJECT PARCEL NO. EXHIBIT "A" (100' R.O.W.) GOLDEN GATE BOULEVARD r —NORTH PROPERTY LINE I-- 11 Liiu SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE OF THE EAST 105 FEET, LESS THE EAST 30 FEET THEREOF, OF TRACT 17 GOLDEN GATE ESTATES,UNIT NO.9 AS RECORDED IN PLAT BOOK 4,PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY CHECKED BY SCALE JDATE 1' 100 JULY 20, 1698 Prepared b} 1- 1X/l /i � George R., clnnond P.L.S 112406 Public Works Engineering Dept, 3301 Tamiami Trail East Naples, FL 34112 GGS247 SHEET 1 OF JUN `3 7 — EXIST. 50' 1W EASEME T EXISTING RIGHT OF WAY LINE - -- 25 FOOT ROAD RIGHT OF WAY DRAINAGE, SIDEWALK, UTILITY, I & MAINTENANCE EASEMENT I I EAST 105 FEET LESS THE EAST 30 FEET I TRACT 17 I � ru b so Ioo iz TRACT 17 i I WEST PROP RTY LINE I I EAST PROPERTY LINE / I I 76 75' 1 75' 1 75' 1 30' Liiu SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE OF THE EAST 105 FEET, LESS THE EAST 30 FEET THEREOF, OF TRACT 17 GOLDEN GATE ESTATES,UNIT NO.9 AS RECORDED IN PLAT BOOK 4,PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY CHECKED BY SCALE JDATE 1' 100 JULY 20, 1698 Prepared b} 1- 1X/l /i � George R., clnnond P.L.S 112406 Public Works Engineering Dept, 3301 Tamiami Trail East Naples, FL 34112 GGS247 SHEET 1 OF JUN `3 7 Project: Golden Gate Boulevard Parcel: 247T Folio: 37011080008 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 45 feet of the East 75 feet of the South 55 feet of the North 13'.) feet of the East 105 feet of Tract 17, LESS the East 30 feet thereof, Golden Gate " Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. Geotba R_,Pi, m„ cd PL pC Naples, Flt is 11,1 I `N 2 rJ 25 FOOT RC DRAINAGE, 3 MAINTEN/ WEI OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. (NOT A SURVEY) PROJECT PARCEL NO. FO 4D #'. 37o/ f %' EXHIBIT "A" 4 (100' R.O.W.) GOLDEN GATE BOULEVARD r— NORTH PROPERTY LINE am' BOVTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF WEST 105 FEET LESS THE WEST 30 FEET THEREOF, OF TRACT 18, GOLDEN GATE ESTATES UNIT NO. 9. AS RECORDED IN PLAT BOOK 4, PAGE 99, OFTHE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY CHECKED BY SCALE DATE FILE nv. 1- • 100 JULY 20, 1998 GG8248 Prepared by�r�r George R. Wchmond P.L.S. 112406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 I SHEET 1 OF /(7) x IUN 9 2 -_ E IST. 50' MW I ASEMENT j•-- EXISTING RIGHT OF WAY LINE i— —.. - - - - - - - - - - - - - - - 4D RIGHT OF A 31DEWALK, UTILI ` ! NCE EASEMENT 1n LLQ Lu g WSV �I 0 50 100 W. I TRACT 18 ' T PROPERTY U I I —EAST ROPERTY Lit E I I 30 75 am' BOVTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF WEST 105 FEET LESS THE WEST 30 FEET THEREOF, OF TRACT 18, GOLDEN GATE ESTATES UNIT NO. 9. AS RECORDED IN PLAT BOOK 4, PAGE 99, OFTHE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY CHECKED BY SCALE DATE FILE nv. 1- • 100 JULY 20, 1998 GG8248 Prepared by�r�r George R. Wchmond P.L.S. 112406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 I SHEET 1 OF /(7) x IUN 9 2 -_ PROJECT NO. 63041 PROJECT PARCEL NO. 249 _ LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 33, LESS the West 30 feet thereof, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. F0 FT I I .I I I I 1 1 I WEST P 21`ERTY LINE % I I I i i EXISTING RM LINE I I I _.._.._J FT 300FEET I I I I I I I 1 I I i rEAST PROPERTY LINE I I i N i 6011. 15 F00T DRAINAGE, UTILITY (� AND MAINTENANCE EASEMENT I Ij ........ ............................... L..T._.._.._.._.._.._.._. _.._.._.._.._. (EXISTING 50 FT. RAH EASEMENT) GOLDEN GATE VD i Prepared b �W—. .. ..... ....� George ReKichrriond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 SOUTH PROPERTY LINE SCALE: 1 Inch • 100 feel Collier County Real Property Management Deportment Q (*)/98 12:21 PM ` .I L 25 FOOT ROAD RI DRAINAGE, SIDE\ b MAINTENANCE 12 OFFICE OF CAPITAL PROJECTS tj 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. (NOT A SURVEY) PROJECT PARCEL NO. I 3rbII EXHIBIT "A" (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE »n. 3HTOFWAY VALK, UTILITY, EASEMENT E 1ST. 5d R%W E ASEMENT j-- EXISTING RIGHT OF WAY L I LIJ U. ~w IWS QNQ F wI > I o i I TRACT 18 WEST I ROPTTYLINE I I EAST ROPERTY01 E I I 30 76 75' NE L 330' B=H PROPERTY LWE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OFTHE EAST 75 FEET OF THE WEST 190 FEET OF TRACT 18, GOLDEN GATE ESTATES UNIT NO.9,AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Prepared b ... /• .............. 1 George R chmond P.L.S. k2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 DRAWN BY CHECKED BY SCALE DATE FILE NO. 1 -tar JULY 20, 1999 GGB250 SNtET 1 OF e ,JUN 2 2 4+ � IJ.. Ti Project: Golden Gate Boulevard Parcel: 250T Folio: 37011280002 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 50 feet of the South 35 feet of the North 110 feet of the East 75 feet of the West 180 feet of Tract 18, Golden Gate Estates Un t No 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier Count,, Florida. Prepjrc.l by: G urbc R �i,.l, 1 �466 N bGc Worki Enbwu:riub Ucprfr L NPI�s, 3 1 1 _ RESOLUTION NO. 99- A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT, AS TO PARCELS 251 -258, 261A -263, AND 265A -271, FOR THE CONSTRUCTION OF THE FOUR- LANING ROADWAY IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD PROJECT, CIE NO. 62. 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 Golden Gate Boulevard Road between C. R. 951 and Wilson Boulevard 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 April 28, 1998, adopted Resolution No. 98 -107 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 Golden Gate Boulevard four- laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three (3) - Resolutions for Parcels IOIA -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 122A -123, 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149 -153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 (Resolution No. 99 -221), authorizing the County staff to acquire by gift, purchase or condemnation certain easements and /or fee simple title to the property and property interests required and necessary for the Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and WHEREAS, the parcels described in this Resolution include Parcels 251 -258, 261A -263, and 265A -271; 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; and — 8 (6) X71 JUN 2 .4�. Page 1 y3 �i i ii I, JF WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long Tinge planning options, and public safety considerations, the Board desires to exercise its right to condemn property 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 four- laning roadway improvements for the Golden Gate Boulevard between C. R. 951 and Wilson Boulevard, (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. 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: the perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance and temporary driveway restoration 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 staff is 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 from the property to be acquired. Page 2 JUN 2 Z yy i' , i This Resolution adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Clerk Approved as to form and legal sufficiency: A6 d4 I h3LA—X� eldi F. Ashton Assistant County Attorney day of 19_, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Page 3 `° q1 RESOLUTION NO. 99 -_ 2 3 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY 4 GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL,,/NON- 5 EXCLUSIVE, ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, 6 DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY ii i 7 RESTORATION INTERESTS BY EASEMENT AS TO PARCELS 251 -258, , 8 261A -263, AND 265A -271, FOR THE CONSTRUCTION OF THE FOUR- i 9 LANING ROADWAY IMPROVEMENTS FOR GOLDEN GATE j 10 BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD ' 11 PROJECT, CIE NO. 62. 12 WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted 13 Ordinance No. 97 -55 therein establishing the 1997 (Seventh Annual) Capital Improvement 14 Element of the Growth Management Plan in order to establish priorities for the design, 15 acquisition and construction of the various capital improvement projects. The Transportation 16 Element of the County's Comprehensive Plan was adopted in Ordinance No. 97 -62, and 17 WHEREAS, the four - laning improvements to Golden Gate Boulevard Road between 18 C. R. 951 and Wilson Boulevard is one of the capital improvement projects required under the 19 Transportation Element of the County's Comprehensive Plan; and 20 WHEREAS, the Board of County Commissioners, on April 28, 1998, adopted 21 Resolution No. 98 -107 authorizing the County Staff to acquire by gift or purchase certain 22 easements and/or fee simple title to the property and property interests required and necessary 23 for the Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard 24 between C. R. 951 and Wilson Boulevard; and 25 WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three 26 (3) Resolutions for Parcels I01A -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 27 122A -123, 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149- 28 153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 29 (Resolution No. 99 -221), authorizing the County Staff to acquire by gift, purchase or 30 condemnation certain easements and/or fee simple title to the property and property interests 31 required and necessary for the Golden Gate Boulevard four- Ianing roadway improv me t �f III 1� 32 Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and z Page 1 .1�� ai I i i hj I WHEREAS, the parcels described in this Resolution include Parcels 251 -258, 261A- ' 2 263, and 265A -271; and , ;;:'•.� 3 WHEREAS, the location for construction of the proposed improvements has been 4 fixed by survey aqd is collectively represented by the legal descriptions comprising Exhibit "A" 5 attached hereto and incorporated herein. 6 WHEREAS, after consideration of the availability of alternate routes and locations, the 7 comparative costs of project alternatives, various impacts upon the environment, long range 8 planning options, and public safety considerations, the Board desires to exercise its right to 9 condemn property for public purposes. 10 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CbuNTY 11 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the 12 Board that the construction of the four - laning roadway improvements for the Golden Gate 13 Boulevard between C. R. 951 and Wilson Boulevard, (hereinafter referred to as "the Project ") 14 is necessary and in the public's best interest in order to protect the health, safety and welfare of 15 the citizens of Collier County. 16 AND IT IS FURTHER RESOLVED that construction of the Project is part of the 17 County's long range planning effort, and is included in the Transportation Element of the 18 County's Comprehensive Plan for Growth Management, as approved by the Florida 19 Department of Community Affairs. 20 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative 21 locations for the project, various impacts to the environmental, public safety and welfare 22 considerations associated with the design and construction of the project, and the costs 23 associated with the design, property rights acquisition, and construction of the project; and the 24 Board finds that after consideration of these issues, the most feasible location for construction 25 of the proposed improvements is collectively represented by the legal descriptions comprising 26 Exhibit "A" attached hereto and incorporated herein. 27 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, 28 it is necessary for the Board to acquire the various real property interests described Exhibit "A" 29 to wit: the perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance 30 % and temporary driveway restoration interests by easement. t } Y7 Page 2 ___. I AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 2 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to 3 immediately acquire by gift, purchase or condemnation in accordance with the provisions of 4 Chapters 73, 74 and 127, Florida Statutes, the above - referenced real property interests more 5 particularly described in Exhibit "A ", attached hereto and incorporated herein. 6 AND IT IS FURTHER RESOLVED that no mobile homes are located on the property 7 sought to be acquired and therefore it will not be necessary to remove any mobile homes from 8 the property to be acquired. 9 This Resolution adopted on this day of 19_, after 10 motion, second and majority vote. i 11 BOARD OF COUNTY COMMISSIONERS 12 OF COLLIER COUNTY, FLORIDA 13 ATTEST: 14 DWIGHT E. BROCK, CLERK By: 15 PAMELA S. MAC'KIE, CHAIRWOMAN 16 17 Clerk 18 19 Approved as to form and 20 legal sufficiency: 21 22 23 24 Heidi F. Ashton 25 Assistant County Attorney Page 3 Q � JUN 7 1 5/8 f 1' OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY PROJECT PARCEL NO. 251 ' (100' R.O W.) i GOLDEN GATE BOULEVARD NORTH PROPERTY LINE ------------ iNAGE, I FIL1TY, 3 A - EASEMENT I I i yI � u- y�d IuWl 0 50 100 2C i TRP CT 18 I I WEST PROP RTYLWE r--- EAST PROPERTY LINE / I I 3UI 7 75' 1 75' 330' SOUTH PROPERTY UNE DESCRIPTION; THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF THE EAST 150 FEET OF TRACT 18, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS Prepared �.. ... .....��O F COLLIER COUNTY, FLORIDA Georgc .L. . #2406 Public orbs Engineering Dept. 3301 Tamiami Trail East ( ©, (7) Naples, FT., 34112 DRAWN SY "CKEDBY SCALE DATE FILE NO. 1. 100' JULY 20, 1998 GOB251 SAET 1 OF 1 E IST. 5 50' R%W F A ASEMENT EXISTING RIGHT OF WAY LINT 330' SOUTH PROPERTY UNE DESCRIPTION; THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF THE EAST 150 FEET OF TRACT 18, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS Prepared �.. ... .....��O F COLLIER COUNTY, FLORIDA Georgc .L. . #2406 Public orbs Engineering Dept. 3301 Tamiami Trail East ( ©, (7) Naples, FT., 34112 DRAWN SY "CKEDBY SCALE DATE FILE NO. 1. 100' JULY 20, 1998 GOB251 SAET 1 OF 1 I' I 7 Project: Golden Gate Boulevard Parcel: 251T Folio: 37011320001 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 35 feet of the South 20 feet of the North 95 feet of the West 75 feet of the East 150 feet of Tract 18, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. (7 JUN 6 Prepared b • ... ...G� ............ George 'chmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiarni Trail East Naples, FL 34112 , OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 252 Fay 1k' 599119q000C 91 (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE oIM 3HT OF WAY LINE SEMENT fY LINE L__. 3lvi . SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 75 FEET OF TRACT 18, GOLDEN GATE ESTATES UNIT NO, 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Prepared .. .................d.. George R. c hmond 5 P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 DRAWN BY CHECKED BY SCALE DATE FILE NO. - i' 100 JULY 20, 1998 GG9252 SHkET I .OF i 1 ! 1 11i �i i E [ST. 50' R1W f ASEMENT EXISTING RI I 25 FOOT DRAINA( SIDEWALK, UTILII I MAINTENANCE EA 1 w! U. hU U) W I u! LU TRACI 18 i �I I WEST PROP RTY LINE EAST PROPER I I 30 7S 75 3HT OF WAY LINE SEMENT fY LINE L__. 3lvi . SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 75 FEET OF TRACT 18, GOLDEN GATE ESTATES UNIT NO, 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Prepared .. .................d.. George R. c hmond 5 P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 DRAWN BY CHECKED BY SCALE DATE FILE NO. - i' 100 JULY 20, 1998 GG9252 SHkET I .OF i 1 ! 1 11i �i i i Project: Golden Gate Boulevard Parcel: 252T Folio: 37011240000 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 35 feet of the South 15 feet of the North 90 feet of the East 75 feet of Tract 18, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. iI V 'I N" r � 154 Prepared b4 Z/x`11 y George iond P.L.S. #2406 Public orks Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 PROJECT NO. 63041 PROJECT PARCEL NO. 253 Fo�o �•. 3rl0�ooZLZ,t�1 LEGAL DESCRIPTION & SKETCH (NOT A SURVEIL 11. The North 15 feet of the South 65 feet of Tract 34, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. 330 FEET WEST PROPERTY LINE i 4. EAST PROPERTY LINE 15 FOOT DRAINAGE. UTILITY AND MAINTENANCE EASEMENT G �� •� ��� EXISTING R1W LINE J EXISTING 50 FT. RAN EASEMENT) GOLDENSGGATE BLVD. 3 SOUTH PROPERTY LINE T Prepared George RAichmond P.L.S. #2406 Public Works Engineering Dept. SCALE: t Inch = 100 feet 3301 Tamiami Trail East Naples, FL 34112 CoMer County Real Property Managemenl Department 06r23N812:18 PM V WEf OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJEC,irNO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 254 � . 3 ,7diWoan7- �a (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE -^---- j - - - EXIST. SO - - - - i T - - - - - - EXISTING RIGHT OF WAY LINT - - - - - - - V WEf OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJEC,irNO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 254 � . 3 ,7diWoan7- �a (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE -^---- j - - - EXIST. SO - - - - ilW EASEME - - - - T - - - - - - EXISTING RIGHT OF WAY LINT - - - - - - - / 25 FOOT DF AINAGE, SIDEWALK, UTILITY, b MAINTEN kNCE EASEMENT TEST 75 FEET TRACT 19 TRACI 19 ° w ,00 x T PROPERTY UN EASTP OPERTYLWE 75' 76 76 106 L 330, SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF TRACT 19, GOLDEN GATE ESTATES UNIT NO.9 AS RECORDED IN PLAT BOOK 4, PAGE 99 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Prepared RbC ...0� George chmond P.L.S. 1124 6 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 DRAWN BY CHECKED BY SCALE GATE F0.E NO. g � aq 1" • 100 JULY 20, 1998 GGS254 : V N ?�Hlp!ET a QF 1 Project: Golden Gate Boulevard Parcel: 254T Folio: 37011400002 /i EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 35 feet of the South 50 feet of the North 125 feet of the West 75 feet of Tract 19, Golden Gate Estates Unit No. 19, according to the plat thereof, as recorded in the public records of Collier County, Florida, in Plat Book 4, Page 99. 'a JUiY Prepared by: .. ..(... �� George chmond P.L.S. �l2406 Public orks Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 I ,; .; ; .; ;. ��: , I �.,' 1 -' �' 1 . _ ✓ ;. ;: I `: a ') Golden Gate Boulevard 255T 37011480006 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the South 15 feet of the North 90 feet of the East 75 feet of the West 150 feet of Tract 19, Golden Gate Estates unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. Prepared by' j. George R chmond P.L.S. X12406 Public Works Engineering Dept. 3301 Tamiami Trail East l� Naples, FL 34112 ✓ ) .. i i i . ;. , ,� ._._ ..�.1_.i _ ..___"aL:.......... .• ._. _._.._ .�.�. ._ _ �._.._ OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECiT'NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 257 FbL:1z> W. 3'7011 3(aoW3 �t. (100' R.O.W.) GOLDEN GATE BOULEVARD I— NORTHPROPERTYLLNE 'I". ----------------------------------- EXIST. 50' \W EASEME T - � EXISTING RIGHT OF WAY LINE 25 FOOT DRAINAGE, SIDEWALK, UTILITY, ' b MAINTENANCE EASEMENT EAST 105 FEET TRACT 19 TRACT 19 b ia 160 WEST PROP TY LINE +-- EAST PROPERTY LINE 75' 75, 75' 105, La-U SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 105 FEET OF TRACT 19 GOLDEN GATE ESTATES UNIT NO.9 AS RECORDED IN PLAT BOOK 4,PAGE 99 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWNBY CHECKED aY SCALE DATE raE NV. 1' 100 JULY 20, 1998 GGS257 200 I Prepared b .... o... ... .... ZY Ge orge chmod P.L.S. # Public Works Engineering Dept. 3301 Tamianti Trail East Naples, FL 34112 C3 i 6 1 /� ,! Project: Golden Gate Boulevard Parcel: 257T Folio: 37011360003 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 35 feet of the East 70 feet of the South 30 feet of the North 105 feet of the East 105 feet of Tract 19, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. Prepared ' ....i! . ........ ....��� George chmond P.L.S. N2406 Public Works Engineering pt 3301 Tamiami Trail East Naples, F4' 34112 F J U N 1: i/ 6 OFFICE OF CAPITAL PROJECTS I 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION �j (NOT A SURVEY) PROJECT PARCEL NO. 25847 �01�3�: 3no13��`1 (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE EXIST. 50' R1W EASEMENT EXISTING RIGHT OF WAY LINE EXISTINQIS fi/W EASEMENT(O.R_BOOK2331 PG; 1992. 10 F00T DRAINAGE, SIDEWALK, UTILITY, 8 MAINTENANCE EASEMENT TRACT 50 o so too xoo WEST PROPERTY 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 10 FEET OF THE NORTH 75 FEET OF TRACT 50, GOLDEN GATE ESTATES, UNIT NO. 9. AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EAST PROPERTY LINE prepared b ....�f': •r%`•"AlIA.` George R- 'chmond P.L.S. #2406 Public Works Eoginwring Dept 3301 Tamiami Trail East Q / Q Naples, FL 34 2 V�? - JUN i DRAWN BY CHECKED BY SCALE DATE FILEND. I . 100' JULY20,1998 OGB258 - --640`1 OF i PROJECT NO. 63041 PROJECT PARCEL NO. 261 A FaTo -w. 39ft x 400U 4 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 36, LESS the East One Half (112) thereof, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. 165 FEET / WEST PROPERTY LINE I EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING R1W LINE ---- ..... —.. - (GOLDEN GATE BLVD.) (EXISTING 50 FT. R/W EAS -MENT) SOUTH PROPERTY LINE T Prepared b zf% v �'....�ff George chmond P.L.S, #2406 Public Works BroneeringDepL , SCALE: 1 Inch = 100 feet 3301 Tamiami Trail East Naples, F—L— 4112 Collier County Real Property Management Department �od6i5:54 PM y T I. i` i PROJECT NO. 63041 PROJECT PARCEL NO. 261 A FaTo -w. 39ft x 400U 4 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 36, LESS the East One Half (112) thereof, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. 165 FEET / WEST PROPERTY LINE I EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING R1W LINE ---- ..... —.. - (GOLDEN GATE BLVD.) (EXISTING 50 FT. R/W EAS -MENT) SOUTH PROPERTY LINE T Prepared b zf% v �'....�ff George chmond P.L.S, #2406 Public Works BroneeringDepL , SCALE: 1 Inch = 100 feet 3301 Tamiami Trail East Naples, F—L— 4112 Collier County Real Property Management Department �od6i5:54 PM y r. Project: Golden Gate Boulevard Parcel: 261 AT Folio: 37062240004 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 61 feet of the North 10 feet of the South 75 feet of Tract 36, LESS the East One Half (1/2) thereof, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. k JUN Prep 6 .. ... . ....... George R-chmond T r / � � P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 PROJECT NO. 63041 PROJECT PARCEL NO. 261 B FoLoZw. 39av1-2c LEGAL DESCRIPTION $SKETCH (NOT A SURVEY) _ l;'. The North 15 feet of the South 65 feet of the East One'Half (1/2) of Tract 36, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. 135 FT 130 FT 30 FT I I 1 I I I I I I I I 1 1 I I I I I I I I /WEST PROPERTY LINE I I EAST PROPERTY LINE f I 1 I I I I N EXISTING RAY LINES 60 n , I 15 FOOT DRAINAGE, UTILITY I I AND MAINTENANCE EASEMENT I I .. .............• — — — — — . - . -.. —.I L.._. (GOLDEN GATE BLVD.) f (EXISTING 50 FT EASEMEN SOUTH PROPERTY LINE j Prepared George R clu and P.L.S. #2406 Public Works Engineering Dept. ' SCALE: 11nch = 100 feel 3301 Tamiami Trail Ejsl Naples, FL 34112 CaNar CeunW Raal P—tv Manm—nl nanaMmenl mnnmA s cc ou 7 (/ i. i i t. !i 1, Project: Golden Gate Boulevard Parcel: 261 BT Folio: 37062260000 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 55 feet of the North 30 feet of the South 95 feet of the East One Half (1/2) of Tract 36, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. P t J ! I ... Prepared by:...... George P- chmond P.L.S. 112406 Public Works Engineering Dept. 3301 Tamiami Trail East 'i Naples, FL 34112 lr OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT'NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 262 #'• 3rbl 3 (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LWE EXIST. 50' R1W EASEMENT EXISTING RIGHT OF WAY LINE 25 FOOT ROAD RIGHT OF WAY DRAINAGE, SIDEWALK, UTILITY, b MAINTENANCE EASEMENT i 13 w 1� I� TRACT 51 1 ° 60 110 2& I . I WEST PROPERTY LIN I I I I I EAST PROPERTY LINE L 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF TRACT 51 LESS THE EAST 30 FEET THEREOF, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Prepared George chmond P.L.S. 112406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 DRAWN BY CHECKED BY BCJLLE DATE FILE NO. � t�� � ,J� J 1. 1 ' 100' JULY 20, 1998 GGB262 L.9flt l 7.Or r LO 4F PROJECT NO. 63041 PROJECT PARCEL NO. 263 '.5goc�13� 3 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 76 feet of Tract 67, LESS the West 30 feet thereof, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. DO FT 30 FT 1 300 FEET I I I I 1 I - I I I I I I I I I I I' I WEST t7tRTY LINE I ) , EAST PROPERTY LINE I I I I I I N EXISTING RAN LINES 60 R I l 15 FOOT DRAINAGE, UTLILITY AND F MAINTENANCE EASEMENT I I _.._.._J L._....._.._.._..- -•- -- ---- - - — - - - - - — - - — (EXISTING SO' RAN EASEMENT) GOLDEN GAT VD. SOUTH PROPERTY LINE Prepareds��.+� George RMchmond P.L.S. #2400 C /ex , Public Works Engineering Dept. a SCALE: 1 Inch - 1DO feet 3301 Tamiami Trill East Naples, FL 3411% Collier County Reel Pmperty Management Departrnent is i I PROJECT NO. 63041 PROJECT PARCEL NO. 263 '.5goc�13� 3 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 76 feet of Tract 67, LESS the West 30 feet thereof, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. DO FT 30 FT 1 300 FEET I I I I 1 I - I I I I I I I I I I I' I WEST t7tRTY LINE I ) , EAST PROPERTY LINE I I I I I I N EXISTING RAN LINES 60 R I l 15 FOOT DRAINAGE, UTLILITY AND F MAINTENANCE EASEMENT I I _.._.._J L._....._.._.._..- -•- -- ---- - - — - - - - - — - - — (EXISTING SO' RAN EASEMENT) GOLDEN GAT VD. SOUTH PROPERTY LINE Prepareds��.+� George RMchmond P.L.S. #2400 C /ex , Public Works Engineering Dept. a SCALE: 1 Inch - 1DO feet 3301 Tamiami Trill East Naples, FL 3411% Collier County Reel Pmperty Management Departrnent PROJECT NO. 63041 PROJECT PARCEL NO. 265 A LEGAL DESCRIPTION & SKETCH (NOT A SURVEY The North 15 feet of the South 65 feet of the West 165 feet of Tract 68, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. EAST PROPERTY LINE M 15 FOOT DRAINAGE, UTILITY V AND MAINTENANCE EASEMENT EXISTING RAM LINE (GOLDEN GATE BLVD.) fir (EXISTING 50 FT. RA EEE SOUTH PROPERTY LINE �byi�� Prcpared . George nd P.L.S. 11240 Public Works Engineering Dept. SCALE: 1 inch n 100 feet 3301,Tamiand Trap Easy J _ Naples, FL 34112 r Colter Count' Real Property Management Department 09A1 9 ]p AM PROJECT NO. 63041 PROJECT PARCEL NO. 265 B Fvt�o .�. 3nolot- 4.3�cx�ci -5 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) t.t The North 15 feet of the South 65 feet of the East 165 feet of Tract 68, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. 165 FEET 0 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING RW LINE ........_.._.._.._.. (GOLDEN GATE BLVD.) I (EXISTING 50 FT. RAN EASEMENT) SOUTH PROPERTY LINE Prepared ' •` /•••••��!(S George chmond P.L.S. #2406 Public Works Engineering Dept. SCALE: 1 Inch = 100 reel 3301 Tamiami Trail East Naples, FL 34112 y . k• Collet Canty Real Properly Management Depaitment a 01408 2:42 Pt& r Project: Golden Gate Boulevard Parcel: 265BT Folio: 37064360005 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 92 feet of the North 30 feet of the South 95 feet of the East 165 feet of Tract 68, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. Prepamd b • .... ... ... George chniond Public�`Works EnPPsneering Dept. 3301 '�amia I i3sst' j Naple$' MINI 1 7Q i 4 Parcel No. 266 T Temporary Driveway Restoration Easement 11: The East 40 feet of the West 55 feet of the South 65 feet of the North 140 feet of the West 75 feet of Tract 53, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. Prepared b K��1 /" George R Kichmond P.L.S. 112406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 a JUN 2 2 �... 7� �5 FOOT DRAI UTILITY, 6 MAI OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT�NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 267 :tl. (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE qln L 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET OF TRACT 53, GOLDEN GATE ESTATESUNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Prepared George '�I m p.1-S. #2406 Public Vi�prks Engineering L p4 % 3301 Ta iamf Trail East, 4� Naples, 34112 JINN 21 1 DRAWN BY CHECKED BY SOME DATE FILE NO. 9 1" 100' JULY 20, 1995 GG9267 9" brttET1OFi EXIST. 50' 11W EASEME T - � EXISTING RIGHT OF WAY LINE 4AGE, SIDEWALK, NTENANCE wLL! LL LL r' ? tqa3 w NF W 3 0 so 100 is TRACT 53 WESTPROPE TYLWE - EAST Pf OPERTY LWE 75, 76 1 105 L 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET OF TRACT 53, GOLDEN GATE ESTATESUNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Prepared George '�I m p.1-S. #2406 Public Vi�prks Engineering L p4 % 3301 Ta iamf Trail East, 4� Naples, 34112 JINN 21 1 DRAWN BY CHECKED BY SOME DATE FILE NO. 9 1" 100' JULY 20, 1995 GG9267 9" brttET1OFi 25 F00' SIDEWA d MAINZ EASEMI OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 6304'1 I (NOT A SURVEY) PROJECT PARCEL NO, 268 fa.LO 9ID/ 3'10135`ocp5 0, (100' R.O.W.) GOLDEN GATE BOULEVARD I— NORTH PROPERTY LINE aan. 11 ----------------- DRAINAGE, LK, UTILITY, ENANCE NT — EXIST. 50' 1W EASEME IT — - - - - - - - EXISTING RIGHT OF — — — — — — — �t-u U-LL n $ Faa• 10 w N 3�~ o so Too TRACT 53 WEST PROI ERTY LINE i EAST PROPE LINE 75' 105' L+ SJu SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF THE EAST 1 B FEET OF TRACT 53, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY (CHECKED BY I SCALE. • 100' I CAI JULY 20, 1998 VAY LINE I 'a Sao Prepared by: ... ....... ✓. ....•. George RIAC11mond P.L.S. #2406 Public Works Eagineer(ng D I. 3301 TaL"ami rraR East_,. Naples.; 34112 (� J1 73 Iv� NO GOB268 SHEET 1 OF 1 Golden Gate Boulevard 26ST 37013560005 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 39 feet of the South 30 feet of the North 105 feet of the West 75 feet of the East 180 feet of Tract 53, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. b ������5 Prepared ' . - . George IRL jichmond P.L.S. #2406 Public Works Engineering D 1 3301 Tamiami Trail East 7 Naples, FL 34112 7Y OFFICE OF CAPITAL PROJECTS I 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT CJO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 269 FOLIO # 3 -7013'62-0003 3 (100' R.O.W.) GOLDEN GATE BOULEVARD rNgRTH PROPERTY LINE 79M + L 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 105 FEET OF TRACT 53,GOLDEN GATE ESTATES UNIT NO. 9. AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY CHECKED BY ISCK1' 100' 1DATE 20,1998 IME GG8269 �1 i; Prepared y . George chmond P.I..S. 42406 Public Works EpgineeringD1'(8) ()7 3301 Tamiami trail'Fasl - Q Naples, FL 341;12 7S - SHEET 1 OF 1 EXIST. 50' 1W EASEME T EXISTING RIGHT OF WAY LINE - � 25 FOOT DRAINAGE;,/ SIDEWALK, UTILITY, b MAINTENANCE EASEMENT U- r� ol. so 160 x TRACT 53 WEST PROP RTYLINE EAST PROPERTY LWE 75' 105' L 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 105 FEET OF TRACT 53,GOLDEN GATE ESTATES UNIT NO. 9. AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY CHECKED BY ISCK1' 100' 1DATE 20,1998 IME GG8269 �1 i; Prepared y . George chmond P.I..S. 42406 Public Works EpgineeringD1'(8) ()7 3301 Tamiami trail'Fasl - Q Naples, FL 341;12 7S - SHEET 1 OF 1 Project: Golden Gate Boulevard Parcel: 269T Folio: 37013520003 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) -- The West 50 feet of the East 65 feet of the South 35 feet of the North 110 feet of the East 105 feet of Tract 53, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. Prepared b� � George FL Richmond RL S. 112106 Public Works Engineering Dept. 3301 Tami" Trail East Naples, FL 34112 J 2 2 74 WES 1 OFFICE OF CAPITAL PROJECTS I 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 �1. SKETCH OF DESCRIPTION PROJECT,?40. 63041 (NOT A SURVEIL) PROJECT PARCEL NO. 270 F0000-4 3- 1015640004 (100' R.O.W.) GOLDEN GATE BOULEVARD I-NORTH PROPERTY LINE i L 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 105 FEET OF TRACT 84, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA DRAWN BY (CHECKED BY I SCALE 100' I DATE Z0, 1198 I FEE GG8270 1{ , Prepared George R- �nd P.L.S. #240 Public Works Engineering Dept. 6 3301 Tamiami Trail East Naples, FL 3 #112 '1 J 4 `d `� — SHEET 1 OF 1 E IST.50'R%W E ASEMENT - - - - -- (-_.-- - - - - -- — — — — _ — — — — EXISTING RIGHT OF WAY LINT — — — — — — — / 25 FOOT DRAINA E, SIDEWALK, UTILI , b MAINTENANCE EASEMENT WEST 105 FEET TRACT 84 �. 50 100 20 TRACT 84 PROPERTY LINE EAST PF OPERTY LINE i 75 L 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 105 FEET OF TRACT 84, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA DRAWN BY (CHECKED BY I SCALE 100' I DATE Z0, 1198 I FEE GG8270 1{ , Prepared George R- �nd P.L.S. #240 Public Works Engineering Dept. 6 3301 Tamiami Trail East Naples, FL 3 #112 '1 J 4 `d `� — SHEET 1 OF 1 Protect: Golden Gate Boulevard Parcel: 270T Folio 37015640004 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMEfI l (NOT A SURVEY) The East 30 feet of the West 65 feet of We Scuth 2E 'eai of the the West 105 feet of Tract 84, Golden Gate Estates Ur„i No Plat BcoK 4, Page 99 cf the Public Recess of Coil er 8�8)L �8 PROJECT NO. 63041 PROJECT PARCEL NO. 271 FOLIO =a 370 (ottlt4.0OO(o j_EGAI DESCRIPTION & SKETCH (NOT A SURVEI q The North 15 feet of the South 65 feet of the West 180 feet of Tract 69, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. 180 FEET EXISTING RAV LINE __ (GOLDEN GATE BLVD.) SOUTH PROPERTY LINE Colller Canty Real Property Management Department SCALE: 1 Inch - 100 feet F1 Public Works Engineering Dept. I 3301 Tamiami Trail East Naples, FL 34112 W20812:26 PM 'i ' A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL, NON - EXCLUSIVE ROAD ,'i` ,•. RIGHT -OF -WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY MIVEWAY RESTORATION INTERESTS BY EASEMENT, AS TO PARCELS 272 -273, 276 -278B, 280 -283, 286 -286T, 288A- 288AT, 290 -294, 297- 299, 301 AND 303 FOR THE CONSTRUCTION OF THE FOUR- LANING ROADWAY IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD PROJECT, CIE NO. 62. WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted Ordinance t 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 - laving improvements to Golden Gate Boulevard Road between C. R. l 951 and Wilson Boulevard 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 April 28, 1998, adopted Resolution No. ,i 98 -107 authorizing the County Staff to acquire by gift or purchase certain easements and /or fee simple s title to the property and property interests required and necessary for the Golden Gate Boulevard four- laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three (3) Resolutions for Parcels IOTA -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 122A -123, s 124T -125T, 130A -133, 137 -140, 142A -149T (Resolution No. 99 -220), and 149 -153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 (Resolution No. 99 -221), authorizing the County staff to acquire by gift, purchase or condemnation certain easements and /or fee simple title to the property and property interests required and necessary for the Golden Gate - Boulevard four - laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and WHEREAS, the parcels described in this Resolution include Parcels 272 -273, 276 -278B, 280 - 283, 286 -286T, 288A - 288AT, 290 -294, 297 -299, 301 and 303; 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; and d .. I :: Page 1 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 public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY mf COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of the four - laning roadway improvements for the Golden Gate Boulevard between C. R. 951 and Wilson Boulevard, (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. AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's i • 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: the perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance and temporary driveway restoration 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 staff is 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 j to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. 7 !, J ti 2 ._ � 8r I Page 2 _ day of 19_, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC KIE, CHAIRWOMAN Page 3 A day of 19_, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC KIE, CHAIRWOMAN Page 3 1 RESOLUTION NO. 99 -i 2 3 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY =. 4 GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL, NON- 5 EXCLUSIVE, ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, 6 DRAINA�M, MAINTENANCE AND TEMPORARY DRIVEWAY 7 RESTORATION INTERESTS BY EASEMENT AS TO PARCELS 272 -273, 8 276 -278B, 280 -283, 286 -286T, 288A- 288AT, 290 -294, 297 -299, 301 AND 9 303, FOR THE CONSTRUCTION OF THE FOUR- LANING ROADWAY 10 RAPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 11 951 AND WILSON BOULEVARD PROJECT, CIE NO. 62. ;r 12 WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted 13 Ordinance No. 97 -55 therein establishing the 1997 (Seventh Annual) Capital Improvement 14 Element of the Growth Management Plan in order to establish priorities for the design, 15 acquisition and construction of the various capital improvement projects. The Transportation 16 Element of the County's Comprehensive Plan was adopted in Ordinance No. 97 -62; and 3 17 WHEREAS, the four - laning improvements to Golden Gate Boulevard Road between 18 C. R. 951 and Wilson Boulevard is one of the capital improvement projects required under the 19 Transportation Element of the County's Comprehensive Plan; and 20 WHEREAS, the Board of County Commissioners, on April 28, 1998, adopted 1 21 Resolution No. 98 -107 authorizing the County Staff to acquire by gift or purchase certain 22 easements and/or fee simple title to the property and property interests required and necessary 23 for the Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard i 24 between C. R. 951 and Wilson Boulevard; and 25 WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three a 26 (3) Resolutions for Parcels I01A -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 1 a 27 122A -123, 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149- 28 153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 29 (Resolution No. 99 -221), authorizing the County Staff to acquire by gift, purchase or j .' 30 condemnation certain easements and /or fee simple title to the property and property interests r 31 required and necessary for the Golden Gate Boulevard four - laning roadway improvements of I 32 Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; andCB, Page 1 '.. 93 -, j 1 WHEREAS, the parcels described in this Resolution include Parcels 272 -273, 276 - 2 278B, 280 -283, 286 -286T, 288A- 288AT, 290 -294, 297 -299, 301 and 303; and 3 WHEREAS, the location for construction of the proposed improvements has been 4 fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" 5 attached hereto aid incorporated herein. r:: 6 WHEREAS, after consideration of the availability of alternate routes and locations, the 7 comparative costs of project alternatives, various impacts upon the environment, long range 8 planning options, and public safety considerations, the Board desires to exercise its right to 9 condemn property for public purposes. 10 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 11 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the 12 Board that the construction of the four - laning roadway improvements for the Golden Gate 13 Boulevard between C. R. 951 and Wilson Boulevard, (hereinafter referred to as "the Project ") { '- 14 is necessary and in the public's best interest in order to protect the health, safety and welfare of 15 the citizens of Collier County. 16 AND IT IS FURTHER RESOLVED that construction of the Project is part of the ;;.. 17 County's long range planning effort, and is included in the Transportation Element of the 18 County's Comprehensive Plan for Growth Management, as approved by the Florida 19 Department of Community Affairs. 20 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative 21 locations for the project, various impacts to the environmental, public safety and welfare • 7 22 considerations associated with the design and construction of the project, and the costs 23 associated with the design, property rights acquisition, and construction of the project; and the i 24 Board finds that after consideration of these issues, the most feasible location for construction i 25 of the proposed improvements is collectively represented by the legal descriptions comprising 26 Exhibit "A" attached hereto and incorporated herein. 27 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, i 28 it is necessary for the Board to acquire the various real property interests described Exhibit "A" 29 to wit: the perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance 30 and temporary driveway restoration interests by easement. i , p Page 2 1 AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 6. 2 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to 3 immediately acquire by gift, purchase or condemnation in accordance with tie provisions of 4 4 Chapters 73, 74 and 127, Florida Statutes, the above - referenced real property interests more 5 particularly described in Exhibit "A ", attached hereto and incorporated herein. 6 AND IT IS FURTHER RESOLVED that no mobile homes are located on the property 7 sought to be acquired and therefore it will not be necessary to remove any mobile homes from 8 the property to be acquired. 9 This Resolution adopted on this day of 19. after 10 motion, second and majority vote. , 11 BOARD OF COUNTY COMMISSIONERS 12 OF COLLIER COUNTY, FLORIDA 13 ATTEST: 14 DWIGHT E. BROCK, CLERK By: 15 PAMELA S. MAC'KIE, CHAIRWOMAN 16 17 Clerk 18 19 Approved as to form and 20 legal sufficiency: 21 22 23 24 Heidi F. Ashton j 25 Assistant County Attorney --------------- 1T DRAINAGE ALK, UTILI , E IST. 50' RIW E -------------------- ASEMENT _ EXISTING RIGHT OF WAY LINI I� y E IENT i �!j 1 1 ,I i 'r ;I r --------------- 1T DRAINAGE ALK, UTILI , E IST. 50' RIW E -------------------- ASEMENT _ EXISTING RIGHT OF WAY LINI ITENANCE IENT uj uj Wa N H I . 50 100 ZC TRACT 84 WES PROPERTY UNE EASTP OPERTYLINE iy OS 75 1 75' 1 75' r Lix#- Project: Golden Gate Boulevard Parcel: 272T I Folio: 37015600002 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 35 feet of the South 25 feet of the North 100 feet of the East 75 feet of the West 180 feet of Tract 84, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. i •I } 87 Preparedby, ... ........ /'i t George R 'chmand P.L.S. X12406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 "f PROJECT NO. 63041 PROJECT PARCEL NO. 273 or : 370 G ¢¢0000 54 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) 1;'. The North 15 feet of the South 65 feet of the East 150 feet of Tract 69, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. 150 FEET jWEST PROPERTY LINE EAST PROPERTY LINE 1V 15 FOOT DRAINAGE AND 1 UTILITY EASEMENT EXISTING RAN LINE (GOLDEN GATE BLVD.) (EXISTING 50 FT. RAY EASEME P SOUTH PROPERTY LINE Prepared .. . . George R Ricbmond P.L.S. *11 r Public Works 8ngirrearing Dept. �V p l L SCALE: 1 Inch = 100 feet 3301 ramiami- Irrail East Naples, FL 34112 LJ " Comer County Real Property Management Department Oi 6IDA 12:Zd PM 25 FOOT SIDEWAL & MAINTE EASEMEI WEST PF FA OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT,NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 276 fol,od•. 3'16 IS) Loao7 (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY ME 1' - L33O, SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF TRACT 85, GOLDEN GATE ESTATES UNIT NO. 9. AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Prepared by:.. ... : <1...�.... . George R-j chmord P.L.S. X12406 Public Works Engineering Dept. 3301 Tamiami Trait East Naples, FL 34112 DRAWN BY CHECKED BY SCALE DATE EXIST. 50' 1W EASEME T -1 EXISTING RIGHT OF WAY LINE — — — — — — — — — .. —..— . - —.. —.. —.._ � I I - )RAINAGE, <, UTILITY, NANCE IT i I N TRACT 85 LLI 0 5o too 2C � 2 i Uq H K F- I )PERTY LINE EASTP PERTY LINE I % I I I I 75 iryl L33O, SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF TRACT 85, GOLDEN GATE ESTATES UNIT NO. 9. AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Prepared by:.. ... : <1...�.... . George R-j chmord P.L.S. X12406 Public Works Engineering Dept. 3301 Tamiami Trait East Naples, FL 34112 DRAWN BY CHECKED BY SCALE DATE FILE HO. 7 1' 100 JULY 20, 1998 GG6276 T 1 4 1 .r i } J 11 i? Project: Golden Gate Boulevard Parcel: 276T Folio: 37015760007 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 55 feet of the West 62 feet of the South 25 feet of the North 100 feet of the West 75 feet of Tract 85, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. .....�� Prepared .... George R P.L.S. #2406 Public Works Engineering Dept. f 3301 sL 3 i Trail E tB) l Naples, , FI. 34112 7 ?o PROJECT NO. 63041 PROJECT PARCEL NO. 277 FOLIO 3-706 qtj g 0008 LEGAL DESCRIPTION & SKETCH (NOT A SURVEI) is i I _ I. I 5 The North 15 feet of the South 65 feet of the West 150 feet of Tract 70, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. WEST PROPERTY LINE 150 FEET EAST PROPERTY LINE N 15 FO DRAINAGE AND LIT LITY SEMENT EXISTING RAN LINE I (EXISTING 50 FT. RAV EA ENT) (GOLDEN GATE BLVD.) / SOUTH PROPERTY LINE T Prepared b : . ................... . George R-,Pffchmond P.L.S. 112406 Public Works Engineering Dept. 1 I' 3301 Tamiami Trail East SCALE: 1 Inch = 700 feel ' Naples, FL 34112 %_ C Collar County Reel Property Management Department 00596 tY1O 1'W t .I .I l �i t t., PROJECT: GOLDEN GATE BOULEVARD PARCEL: 278AT FOLIO: 37015880000 Temporary Driveway Restoration Easement ( NOT A SURVEY) The West 30 feet of the East 51 feet of the South 30 feet of the North 105 feet of the East 75 feet of the West 150 feet of Tract 85, Golden Gate Estate Unit No. 9. according to the plat thereof, as recorded in the public records of Collier County, Florida, in Plat Book 4, Page 99. Prepared by: '�l'� George chmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 93 i�. OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT O. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 47813 POLIO* 3,0{S8L}-0005 3� (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE E 25 FOOT ROAD DRAINAGE, SIDEWALK, d MAINTENANC7F? 79 76 E SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF THE EAST 180 FEET OF TRACT 85, GOLDEN GATE ESTATES UNIT NO. 9. AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Prepared b �chmLnid Geo rge R L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East 9/"n) C� f Naples, FL 341 I2 V v * z DRAWN BY CHECKED BY SCALE DATE j"LENO. 1' 100' JULY 20.1998 GG82788 ' - -SET 1 OF 1 EXIST. 50' 1W EASEME 7 EXISTING RIGHT OF WAY LINE I / RIGHT OF WAY I UTILITY, CE EASEMENT �� I SW� I IN TRACT 85 � I 07 50 100 200 { I - I I I / WEST PRO ERTY LNE EAST PROPER LINE P I I I 1 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FL6RIDA 34112 (941) 774 -8192 !; SKETCH.OF DESCRIPTION PROJECT,PlO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 280 TqX FDL-lo 4� 3'7o j5B00006 (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE ruv L 33U, SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 105 FEET OF TRACT 85, LESS THE EAST 30 FEET THEREOF, GOLDEN GATE ESTATES UNIT NO. 9. AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY CHECKED BY I SCALE DATE 1.. 100 I JULY20, 1998 GG9280 Prepared b .. ,rl! / ••• •••• 6�i George R- chmond P.L.S. 92406 Public Works Engineering Dept. 3301 Tamiami Tral East Naples, FL 34112 I o _ SHEET 1 OF 1 EXIST. 50 1W EASEME1 IT EXISTING RIGHT OF WAY LINE 25 FOOT ROAD RIGHT OF WAY I DRAINAGE, SIDEWALK, yTILITY, & MAINTENANCE EASPMtNT I L W tj I cl, F-I U) w 13 J H TRACT 85 I� W i I I I EAST PROPERTY LWE WEST PROP RTY LINE I I I S L 33U, SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 105 FEET OF TRACT 85, LESS THE EAST 30 FEET THEREOF, GOLDEN GATE ESTATES UNIT NO. 9. AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY CHECKED BY I SCALE DATE 1.. 100 I JULY20, 1998 GG9280 Prepared b .. ,rl! / ••• •••• 6�i George R- chmond P.L.S. 92406 Public Works Engineering Dept. 3301 Tamiami Tral East Naples, FL 34112 I o _ SHEET 1 OF 1 PROJECT NO. 63041 PROJECT PARCEL NO.' 281 F'el.a.:.,4ryo 663( 0 oa9 LEGAL DESCRIPTION & SKETCH (NOT A .SURVEY) The North 15 feet of the South 65 feet of the West 180 feet of Tract 101, LESS the West 30 feet thereof, Golden Gate Estates Unit No. 10, as recorded In Plat Book 4, Page 101 of the Public Records of Collier County, Florida. I30 FT 30 FT 1 150 FT I I I I I I I I I I I I I I I I I I WEST PROPERTY LINE I 1 EAST PROPERTY LINE I I I I I 1 N EXISTING RAH LINES 60 IL I I 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT I I � ...................... _.._.._.._.._.._.J L.._.. (GOLDEN GATE BLVD.) (EXISTING 50 FT. tTIW EASEMENT) SOUTH PROPERTY LINE Prepared b George R chmond P.L.S. #240 Public Works EnXinearing Dept. SCALE: 1 Inch a 100 feet 3301 Tamiarni Trail East 1 Naples, FL 341 t2 Collar County Reel Property Management Department 07A1A16'.20 OR/ wV _ r' OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 - �t SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 282A• FOLIO 3i 3"70 159 20ooq (100' R.O.W.) GOLDEN GATE BOULEVARD DESCRIPTION: ROAD RIGHT OF WAY,DRAINAGE, SIDEWALK, UTILITY, b MAINTENANCE EASEMENT: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180 FEET, LESS THE WEST 30 FEET THEREOF, OF TRACT 8S,GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TOGETHER WITH: DRAINAGE,SIDEWALK,UTILITY, b MAINTENANCE EASEMENT: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 150 FEET OF TRACT 88, GOLDEN GATE ESTATES UNIT NO.9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA NORTH PROPERTY LINE EXISTING RIGHT OF WAY LINE igig�m EAST PROPERTY LINE iz Prepazed bl /....... George R chmond P.L.S. #240¢ S Public Worl s Engineering Dept. jf (Pjx 7 _. 3301 Tami L Trail East Naples, FL 34112) U - _j ? i y F 9 -7 DRAWN BY L— EXIST. VY R1W EASEMENT --- - - - - -- - �,-I -- — -1� -- FILE NO. _ate.._.. It 2 5 FOOT ROAD RIGHT OF WAY r -tar DRAINAGE, SIDEWALK, UTILITY, OGB282 6 MAINTENANCE EASEMENT � ataq 25 FOOT DRAINAGE, i SIDEWALK, UTILITY, 6 MAINTENANCE EASEMENT I �,ia t3 I LU I TRACT 86 �I �I I WEST PROPERTY LINE I i I I 1 I 30' 330' SOUTH PROPERTY LINE DESCRIPTION: ROAD RIGHT OF WAY,DRAINAGE, SIDEWALK, UTILITY, b MAINTENANCE EASEMENT: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180 FEET, LESS THE WEST 30 FEET THEREOF, OF TRACT 8S,GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TOGETHER WITH: DRAINAGE,SIDEWALK,UTILITY, b MAINTENANCE EASEMENT: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 150 FEET OF TRACT 88, GOLDEN GATE ESTATES UNIT NO.9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA NORTH PROPERTY LINE EXISTING RIGHT OF WAY LINE igig�m EAST PROPERTY LINE iz Prepazed bl /....... George R chmond P.L.S. #240¢ S Public Worl s Engineering Dept. jf (Pjx 7 _. 3301 Tami L Trail East Naples, FL 34112) U - _j ? i y F 9 -7 DRAWN BY CHECKED BY SCALE DATE FILE NO. ,..... _.. - r -tar JULY 20, 1 998 OGB282 SHEET 1 OF 1 9 PROJECT NO. 63041 PROJECT PARCEL NO. 283 3-1 0 t. t. 3 :1 0 0 0- 1- P. I ;' -4 LEGAL DESCRIPTION & SKETCH (NOTA SURVEY) ]1.' The North 15 feet of the South 65 feet of the East 150 feet of Tract 101, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. WEST PROPERTY LINE__, 150 FEET . EAST PROPERTY LINE 15 FOOT DRAINAGE AND LITLITY EASEMENT EXISTING R/W LINE - --- •- --- - -- .. . . . . . .. . .. . .. . . . . .. . . . . . . (GOLDEN GATE BLVD.) (EXISTING 50 FT. RAW EASEMEN SOUTH PROPERTY LINE T Prepared b Y. . ......... . ii�f George Public Works Engineering Deptsc'6) SCALE: I Inch = IDO feet 3301 Tamismi Tsai] East Naples, FT, 34112 Colher Count' Real Property Management Department 06n5AB 12:34 PM y. d PROJECT NO. 63041 PROJECT PARCEL NO. 283 3-1 0 t. t. 3 :1 0 0 0- 1- P. I ;' -4 LEGAL DESCRIPTION & SKETCH (NOTA SURVEY) ]1.' The North 15 feet of the South 65 feet of the East 150 feet of Tract 101, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. WEST PROPERTY LINE__, 150 FEET . EAST PROPERTY LINE 15 FOOT DRAINAGE AND LITLITY EASEMENT EXISTING R/W LINE - --- •- --- - -- .. . . . . . .. . .. . .. . . . . .. . . . . . . (GOLDEN GATE BLVD.) (EXISTING 50 FT. RAW EASEMEN SOUTH PROPERTY LINE T Prepared b Y. . ......... . ii�f George Public Works Engineering Deptsc'6) SCALE: I Inch = IDO feet 3301 Tamismi Tsai] East Naples, FT, 34112 Colher Count' Real Property Management Department 06n5AB 12:34 PM � R OFFICE OF CAPITAL PROJECTS I 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 :? (NOT A SURVE)) PROJECT PARCEL NO. 286 f: Folio 4f 3 -1oIsl 000t (100' R.O.W J GOLDEN GATE BOULEVARD NORTHPROPERTYLINE EXIST. 50' 1kW EASEMENT j— EXISTING RIGHT OF WAY LINE — — — — -- — — — — — — — — — — — — — — — — — — — — 25 FOOT DRAINAGE, SIDEWALK, UTILITY, 3 MAINTENANCE EASEMENT TRA WEST PROPERTY LINE v 150' DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 180 FEET OF TRACT 87, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 87 EAST 180 FEET TRACT 87 souTH PROPERTY UNE 00 100 000 EAST PROPERTY LINE Prepared y' ... ... /..'Z!.. °f..'i George R 'chmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tandami Tamil East 4? Naples, FL64112 DRAWN BY CHECKED BY SCALE DATE FLENO. 1' 100' JULY 20,1998 GG8288 �- SAE OF The West 40 feet of the East 90 feet of the South 30 feet of the North 105 feet of the East 180 feet of Tract 87, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. i - l Prepared b George R y b'chmo.n..d �L�i . . X2.�406 r p: Public Works Engineering Dept. 3301 Tamiami Trail East . - j Naples, FL 34112 ' .. OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 11 J SKETCH OF DESCRIPTION PROJECT KO. 63041 (NOT A SURVEY) PROJET PARCEL NO. 288A. FOL -104 3701508 000 I 2413 (100' R.O.W.) GOLDEN GATE BOULEVARD r- NORTH PROPERTY LINE WEST PROPERTY LINE TRACT 118 330' SOUTH PROPERTY LINE DESCRIPTION: ROAD RIGHT OF WAY, DRAINAGE, SIDEWALK, UTILITY, MAINTENANCE EASEMENT THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 50 FEET OF TRACT 118, GOLDEN GATE ESTATES UNIT NO. 9. AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA DRAINAGE, SIDEWALK UTILITY, & MAINTENANCE EASEMENT: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF TRACT 118, LESS THE EAST 50 FEET THEREOF, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 50 100 20D EAST PROPERTY LINE 1� Prepared b �hnd George R P.L.S.42406 Public Works Engineering Dept. 3301 Tamiami Trail East 8�8X Naples, FLi34112 DRAWN BY EXIST. 50' R0 EASEMENT EXISTING RIGHT OF WAY LINE DATE FILE NO. 25 FOOT DRAINAGE, 1'• 1110' JULY20, 1998 SIDEWALK, UTILITY, - SHEET .1 OF 1 & MAINTENANCE 25 FOOT ROAD RIGHT OF WAY, EASEMENT DRAINAGE, SIDEWALK, UTILITY, a Yl o & MAINTENANCE EASEMENT D.17 /1 WEST PROPERTY LINE TRACT 118 330' SOUTH PROPERTY LINE DESCRIPTION: ROAD RIGHT OF WAY, DRAINAGE, SIDEWALK, UTILITY, MAINTENANCE EASEMENT THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 50 FEET OF TRACT 118, GOLDEN GATE ESTATES UNIT NO. 9. AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA DRAINAGE, SIDEWALK UTILITY, & MAINTENANCE EASEMENT: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF TRACT 118, LESS THE EAST 50 FEET THEREOF, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 50 100 20D EAST PROPERTY LINE 1� Prepared b �hnd George R P.L.S.42406 Public Works Engineering Dept. 3301 Tamiami Trail East 8�8X Naples, FLi34112 DRAWN BY CHECKED BY SCALE DATE FILE NO. 1'• 1110' JULY20, 1998 GGB288 - SHEET .1 OF 1 ,1 i Project: Golden Gate Boulevard Parcel: 288AT Folio: 37018080001 t ' EXHIBIT ..A.. . -.i TEMPORARY DRIVEWAY RESTORATION EASEMENT - (NOT A SURVEY) { The East 30 feet of the West 80 feet of the South 30 feet of the North 105 feet of Tract 118, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. Prepared 6�y Georg 'chmond P.L.S. #2406 Public Works Engineering DepL i 3301 Tamiami Trail East Naples, FL 34112 46a .25 FOOT ROAD DRAINAGE, SID] d MAINTENANC WEST PF OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT' NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 290 F01-10 -4 3-7 0181 r. 0007- (1 DO' R.O.W.) GOLDEN GATE BOULEVARD r FORTH PROPERTY LINE o�n 1 L 330' SOUTH PROPERTY UNE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF TRACT 119, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Prepared b �. j % ........ George R cmond P.L.S. #2406 Public Works Engineering Dept.f�l��<l� 3301 Tamiatni Trail East Naples, FL 4112 /A3 ' DRAWN BY CHECKED BY EXIST. 50 1W EASEMENT EXISTING RIGHT OF WAY LINT I I JULY 20,1998 GGB290 SHEET 1 OF 1 / UGHT OF WAY :WALK, UTILI , :EASEMENT I 3� �N I� ,. 50 ,6o TRACT 119 i I DPERTY UNE EAST PF I I OPERTY UNE ✓ I I 75' I 30' L 330' SOUTH PROPERTY UNE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF TRACT 119, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Prepared b �. j % ........ George R cmond P.L.S. #2406 Public Works Engineering Dept.f�l��<l� 3301 Tamiatni Trail East Naples, FL 4112 /A3 ' DRAWN BY CHECKED BY SCALE DATE FRE NO. I I JULY 20,1998 GGB290 SHEET 1 OF 1 Project: Parcel: Folio: Golden Gate Boulevard 290T 37018160002 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 40 feet of the South 30 feet of the North 105 feet of the West 75 feet of Tract 119, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. i Prepared by. . Gcnrgc R tchmond P.L S #24(6 Public Worl:s Engineering Dept 3301 Tarniami Trail Easi Naples, FL 34112 8CIO) . 1. �.I ,L 4. I I 11. I, r. PROJECT NO. 63041 PROJECT / PARCEL NO. 291 370 L64Xoo06—PoSio* 101214"1147 *111431-Il I ► :. (NOTA SURVEY) The North 15 feet of the South 65 feet of the West 150 feet of Tract 104, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. 150 FEET / WEST PROPERTY LINE EAST PROPERTY LINE N 15 FOOT DRAINAGE, V UTLITY & MAINT. EASEMENT EXISTING R/W LINE ......................... (GOLDEN GATE BLVD.) (EXISTING 50 FT. RAN EASEMENT) SOUTH PROPERTY LINE Prepared by:. George R chmond P.L.S. #2406 Public Works Engineering epL SCALE: 1 Inch = 100 feet 3301 T mtami Trail East 18J `�� Napes 34112 Collier County Real Property Management Department 1010119810:44 AM 0 t' ��.° i': � I d Project: Golden Gate Boulevard Parcel: 292T Folio: 37018120000 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 40 feet of the South 30 feet of the North 105 feet of the East 75 feet of the West 150 feet of Tract 119, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. Prepared b}� // George R. ichmond P L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail E ��� L7/ Naples, rL 34117' ] 2 /07 PROJECT NO. 63041 PROJECT PARCEL NO. 293 37o b6S- oo�.S'- Fo1,o -4 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY It, The North 15 feet of the South 65 feet of the East 180 feet of Tract 104, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. 150 FT 130 FT 30 FT I I I I I 1 1 I 1 1 V V I 1 1 I I I t I I /O;EST PROPERTY LINE ' 1 I EAST PROPERTY LINE I I I I 1 I N EXISTING RAY LINES son —►i I 15 FOOT DRAINAGE, UTILITY 1 1 AND MAINTENANCE EASEMENT ) I I _.._.1 L —. _.._.._.._.._.._ (GOLDEN GATE BLVD.) f (EXISTING 50 FT, R70EMENT 1 1121 SOUTH PROPERTY LINE Prepared George R Richmond P.L.S. #2406 Public Works Engineering Dept. p���,� SCALE: 1 Inch • 100 feel 3301 Tamiami Trail East O Naples, FL 34112 Co@er County Real Pmpery Management Department i OW0812:44 PMj 0 g 1, OFFICE OF CAPITAL PROJECTS 3301 EAST TAM IAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 294 FD► ;o,>,: # 3-7 01$200061 (1W R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE II 330' -SOLTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 1 BO FEET OF TRACT 119, LESS THE EAST 30 FEET THEREOF, GOLDEN GATE ESTATES UNIT NO. 9. AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. �✓r, l' �/ Prepared �..`. ..... George )c mondP.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 0 �A ORAWN BY CHECKEDOY SCALE _ EXIST, 50' W EASEMENT t— EXISTING RIGHT OF WAY LINE t SET y AF t TJ 1' • 100' JULY 20, 1990 GGB294 L) 5 FOOT ROAD RIGHT OF WAY, RAINAGE, SIDEWALK, UTI ITY, MAINTENANCE EASEMEr T i I wIa BU�F. I 3 QWUQ TRACT WLn I W Ln 119 i I� ,,, X WESTPROPEFrYUNE I I EAST PROPERTY LINE I I 75 75, I 30f II 330' -SOLTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 1 BO FEET OF TRACT 119, LESS THE EAST 30 FEET THEREOF, GOLDEN GATE ESTATES UNIT NO. 9. AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. �✓r, l' �/ Prepared �..`. ..... George )c mondP.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 0 �A 10 i ORAWN BY CHECKEDOY SCALE DATE FILE NO. t SET y AF t TJ 1' • 100' JULY 20, 1990 GGB294 L) 10 i ii PROJECT NO. 63041 PROJECT PARCEL NO. 297 FOLIO N0. 3-70(a0000005 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY NORTH PROPERTY LINE 330 FEET WEST PROPERTY LINE EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY AND �S V MAINTENANCE EASEMENT EXISTING R1W LINE — .. —..— .— ..------- .--- -- --- --- -- -• - --- - - • - — — -- —.. j(EXISTING 50 FT. R/W EASEMENT) (GOLDEN GATE BLVD.) SOUTH PROPERTY LINE Prepared b ...... ..... .... � i � George R 'chmond P.L.S. (12406 U / 8 � Public Works Engineering Dept. O l /1 (7 SCALE: 1 Inch = 100 feet 3301 Tamiami Trall East Naples, FL 34112 { ? Colter County Reel Properly Management Department 08fI5f99 ]2 A6FM 4 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 298 Folio # 37o) 07,,&0005 (100' R.O.W.) GOLDEN GATE BOULEVARD NQRTH PROPERTY LINE 330, r — EXIST. 50' RIW EASEMENT EXISTING RIGHT OF WAY LINE — — — — — — — — — — — — — — — — — — — — — 25 FOOT DRAINAGE, SIDEWALK, UTILITY, d MAINTENANCE EASEMENT TRACT 121 WEST PROPERTY 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF TRACT 121, GOLDEN GATE ESTATES UNIT NO. 9. AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. o I ro ioo zao EAST PROPERTY LINE Prepared by ...��.. .......... George chmond P.L.S. #12406 Public Works Engineering Dept. 3301 Tamiami Trail East d (B)(17) Naples, FL 34k12 I DRAWN BY CHECKED BY SCALE DATE FILE NO. f 1. . 1w JULY 20,1998 GGB298 I _SHEET OF 1 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 175 feet of the South 25 feet of the North 100 feet of Tract 121, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida. Prepared by. � George R 'chmond P.L.S, #2406 Public Works Engineering Dept. ?�_ . 3301 Tamiami Trail East Naples, FL 34112 ira OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECTNO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 299 FOLIO 130. 3-1161200000 (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LWE - - - - - — — L - EXIST. 50' R\W EASEMENT � j -- — — — — — — — — — — — — — — — — j-- EXISTING RIGHT OF WAY LINE ..— .. —..— + 25 FOOT DRAINAGE, SIDEWALK, UTILITY, 3 MAINTENANCE EASEMENT ".: TRACT 16 0(.- 50 100 - WEST PROPERTY UNE EAST PROPERTY LINE 330 SOUTH PROPERTY UNE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET TRACT 16, GOLDEN GATE ESTATES UNIT NO.12, AS RECORDED IN q PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS 1 OF COLLIER COUNTY, FLORIDA Prc and �%..�...�G /..... �i George R Richmond P.L.S. #2406 Public Works Engineering De� (7 3301 Tamiam) Trail East Naples, FL 34112 ; DRAWN BY CHEC!(EDBY SCALE DATE FILE NO. 1'.100• JULY 20, 1990 GGE299 ___.. SHEET 1 OF 1 . 3 PROJECT NO. 63041 PROJECT PARCEL NO. 301 FOL10 ND 3'il I DO$000fo LEGAL DESCRIPTION & SKETCH (NOT A SURVEI) i The North 15 feet of the South 65 feet of the West 150 feet of Tract 2, Golden Gate Estates Unit No. 11, as recorded In Plat Book 4, Page 103 of the Public Records of Collier County, Florida. 150 FEET WEST PROPERTY LINE EAST PROPERTY LINE Q 15 FOOT DRAINAGE,UTILITY `1 AND MAINTENANCE EASEMENT EXISTING RM LINT: ............. ........... (GOLDEN GATE BLVD.) I (EXISTING 50 FT. RA4 EASEMENT) SOUTH PROPERTY LINE Prepared George R 'chmond P.L.S. fl 406 Public Works Engineering Dept. SCALE.• finch = 100teel 3301 Tamiami Trail East Naples, FL 34112 d\ e l 2 Collar County Red Property Menapement DepeNnent i h . 0 25m"i0:02AM Aiwa- --- : . - -- — fi - - _ ---- K ROJECT NO. 63041 ROJECT PARCEL NO. 303 FOLIO N0. 31HOI20005 The North 15 feet of the South 65 feet of the East 180 feet of Tract 2, LESS the East 30 feet thereof, Golden Gate Estates Utlit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEME (GOLDEN GATE BLVD.) .......... . +I I I I 'I I I I i I I I I I i i I I , I • 150 FT 130 601L ............. SOUTH PROPERTY LINE Colller County Real Property Manegenronl Departmenl I I I I I I I I I I I I I i i I 1 i — — •3• 3-01 �• T • — m b r a:m. — ' ra — N as- � 7FT1 EAST PROPERTY LINE EXISTING RN LINES L (EXISTING 50 FT. R/W EASEIZENT) Prepared Yl.�� '.�! George R h and P.L.S.#2¢4 Public Works Engineering Dept� � �1 E SCALE: 1 Inch = 100 feel t Naples, FL 34112 OW" 12:56 PM E RESOLUTION NO. 99- A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY IJRIVEWAY RESTORATION INTERESTS BY EASEMENT, AS TO PARCELS 305 -319, 321 -321T, AND 323 -327T, FOR THE CONSTRUCTION OF THE FOUR -LANING ROADWAY IMPROVEMENTS FOR GOLDEN GATE ' ? BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD PROJECT, CIE NO. 62. 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 jGrowth Management Plan in order to establish priorities for the design, acquisition and construction r of the various capital improvement projects. The. Transportation Element of the County's 5 1 Comprehensive Plan was adopted in Ordinance No. 97 -62; and WHEREAS, the four - laning improvements to Golden Gate Boulevard Road between C. R. 951 and Wilson Boulevard 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 April 28, 1998, adopted Resolution No. 98 -107 authorizing the County Staff to acquire by gift or purchase certain easements and /or fee simple j' title to the property and property interests required and necessary for the Golden Gate Boulevard four- laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three (3) Resolutions for Parcels 101A -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 122A -123, 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149 -153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 (Resolution No. 99 -221), authorizing the County staff to acquire by gift, purchase or condemnation certain easements and /or fee simple title to the property and property interests required and necessary for the Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and WHEREAS, the parcels described in this Resolution include Parcels 305 -319, 321 -321T, and 323-327T; 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; and i J I Page 1 ;i WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long,fange planning options, and public safety considerations, the Board desires to exercise its right to condemn property 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 four - laning roadway improvements for the Golden Gate Boulevard between C. R. 951 and Wilson Boulevard, (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. 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: the perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance and temporary driveway restoration 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 staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and i27, 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 from the property to be acquired. Page 2 E } t i i ;i WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long,fange planning options, and public safety considerations, the Board desires to exercise its right to condemn property 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 four - laning roadway improvements for the Golden Gate Boulevard between C. R. 951 and Wilson Boulevard, (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. 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: the perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance and temporary driveway restoration 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 staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and i27, 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 from the property to be acquired. Page 2 E This Resolution adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Clerk Approved as to form and legal sufficiency: if L Heidi F. Ashton Assistant County Attorney day of 19_, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Page 3 a i S i, This Resolution adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Clerk Approved as to form and legal sufficiency: if L Heidi F. Ashton Assistant County Attorney day of 19_, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Page 3 i I RESOLUTION NO. 99- 2 3 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY ra•, :i 4 GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL "NON- 5 EXCLUSIVE, ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, 6 DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY 7 RESTORATION INTERESTS BY EASEMENT AS TO PARCELS 305 -319, 8 321 -321T, AND 323 -327T, FOR THE CONSTRUCTION OF THE FOUR- 9 LANING ROADWAY IMPROVEMENTS FOR GOLDEN GATE 10 BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD ' 11 PROJECT, CIE NO. 62. 12 WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted 13 Ordinance No. 97 -55 therein establishing the 1997 (Seventh Annual) Capital Improvement 14 Element of the Growth Management Plan in order to establish priorities for the design, ;,. 15 acquisition and construction of the various capital improvement projects. The Transportation 16 Element of the County's Comprehensive Plan was adopted in Ordinance No. 97 -62; and 17 WHEREAS, the four - laning improvements to Golden Gate Boulevard Road between 18 C. R. 951 and Wilson Boulevard is one of the capital improvement projects required under the 19 Transportation Element of the County's Comprehensive Plan; and 20 WHEREAS, the Board of County Commissioners, on April 28, 1998, adopted ' 21 Resolution No. 98 -107 authorizing the County Staff to acquire by gift or purchase certain 22 easements and /or fee simple title to the property and property interests required and necessary 23 for the Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard 24 between C. R. 951 and Wilson Boulevard; and 25 WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three 26 (3) Resolutions for Parcels I01A -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 27 122A -123, 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No, 99 -220), and 149- 28 153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 29 (Resolution No. 99 -221), authorizing the County Staff to acquire by gift, purchase or 30 condemnation certain easements and /or fee simple title to the property and property interests 31 required and necessary for the Golden Gate Boulevard four - laning roadway improvements of D (,6X 32 Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and Page 1 9 J 1, I WHEREAS, the parcels described in this Resolution include Parcels 305 -319, 321- 2 321T, and 323 -327T; and 3 WHEREAS, the location for construction of the proposed improvements has been , 4 fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" 5 attached hereto and incorporated herein. 6 WHEREAS, after consideration of the availability of alternate routes and locations, the 7 comparative costs of project alternatives, various impacts upon the environment, long range 8 planning options, and public safety considerations, the Board desires to exercise its right to 9 condemn property for public purposes. 10 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 11 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the 12 Board that the construction of the four - laning roadway improvements for the Golden Gate 13 Boulevard between C. R. 951 and Wilson Boulevard, (hereinafter referred to as "the Project ") 14 is necessary and in the public's best interest in order to protect the health, safety and welfare of 15 the citizens of Collier County. 16 AND IT IS FURTHER RESOLVED that construction of the Project is part of the 17 County's long range planning effort, and is included in the Transportation Element of the 18 County's Comprehensive Plan for Growth Management, as approved by the Florida 19 Department of Community Affairs. . 20 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative 21 locations for the project, various impacts to the environmental, public safety and welfare 22 considerations associated with the design and construction of the project, and the costs 23 associated with the design, property rights acquisition, and construction of the project; and the 24 Board finds that after consideration of these issues, the most feasible location for construction 25 of the proposed improvements is collectively represented by the legal descriptions comprising 26 Exhibit "A" attached hereto and incorporated herein. 27 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, 28 it is necessary for the Board to acquire the various real property interests described Exhibit "A" 29 to wit: the perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance 30 and temporary driveway restoration interests by easement. e, i Page 2 I AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 2 AND IT IS FURTHER RESOLVED that the County staff is hereby, authorized to 3 immediately acquire by gift, purchase or condemnation in accordance with the provisions of 4 Chapters 73, 74 and 127, Florida Statutes, the above - referenced real property interests more 5 particularly described in Exhibit "A ", attached hereto and incorporated herein. 6 AND IT IS FURTHER RESOLVED that no mobile homes are located on the property 7 sought to be acquired and therefore it will not be necessary to remove any mobile homes from 8 the property to be acquired. 9 This Resolution adopted on this day of 19_ after 10 motion, second and majority vote. 11 12 13 ATTEST: 14 DWIGHT E. BROCK, CLERK 15 16 17 Clerk 18 19 Approved as to form and 20 legal sufficiency: 21 22 23 24 Heidi F. Ashton 25 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Page 3 �a .t PROJECT NO. 63041 PROJECT PARCEL NO. 305 roll-10 N0. 3'711Z4$0002 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 105 feet of Tract 35, LESS the West 30 feet thereof, Golden Gate Estates l nit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. 130 FT 30 FT 1 75 FT I I 1 I I I I I I I I I I 1 1 I I I I 1' 1 I WEST PROPERTY LINE —�� i EAST PROPERTY LINE P I I I I 1 I N EXISTING RAN LINES I Ir 60 IL 1 1 15 FOOT DRAINq E, UTILITY AND MAINTENANCE EASEMENT 1 1 ............ — — - -._.._.._.1 L. - — • - — •- -•— •-- --- •-- ••- -• - --- (GOLDEN GATE BLVD.) (EXISTING 50 FT. RAV EASEMENT) �f SOUTH PROPERTY LINE T Prepared b George ch Bnd P.L.S. #2240¢ lgJ Public Works Engineering De t. +�� SCALE: 1 Inch - 100 (eel 3301 Tamianu` frail East Naples, FL 34,)12 i Conley Count' Real Property Management Department 0710114t8:211 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 - I SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 306 FOLIO NO. 3,7141320003 s� (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY UNE 33(Y r EXIST. 50' RkW E ASEMENT EXISTING RIGHT OF WAY LINE i- - ------------------- 25 FOOT ROAD RIGHT OF WAY DRAINAGE, SIDEWALK, UTILITY, S MAINTENANCE EASEMENT 31 14 ; r W k WEST PROPERTY LINE DESCRIPTION: TRACT 1 18 I WEST 180 FEET LESS THE WEST 30 TRACT 18 I I I I EAST PROPERTY LINE 330' SOUTH PROPERTY LINE THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180 FEET OF TRACT 18, LESS THE WEST 30 FEET THEREOF, GOLDEN GATE ESTATES UNIT N0.12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 01f .. 50 100 200 ��wz/ Prcparcd by: George c and P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail Ea stG } (79 Naples, FL 34112 0 �/ DRAWN BY CHECKEOBY SCALE DATE FILE NO. 1 A 1' 100' JULY 20,1898 OGS306 S 9 OF 1 PROJECT NO. 63041 PROJECT PARCEL NO. 307 FOLIO NO• 'IIIZ440000 LEGAL DESCRIPTION & SKETCH (NOT A SURVEr The North 15 feet of the South 65 feet of the East 75 feet of the West 180 feet of Tract 35, Golden Gate Estates Unit No. 1.1, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 75 FEET l WEST PROPERTY LINE EAST PROPERTY LINE 15 FOOT DRAINA E . UTILITY AND MAINTENANCE �SEMENT EXISTING R/W LINE -- .--- -. - -.. --- -.._.. (GOLDEN GATE BLVD.) (EXISTING 50 FT. RM EASEMENT) SOUTH PROPERTY LINE T Prepared ......�![/ r George "chmond P.L. 0� �% y Public W9rks Enginwn.4 ei .l i SCALE: 1 inch = 1001eet 3301 Tamiami Trail East Naples, PL. 341112; Collor County Real Property Management Deperlmenl / 05VA8 2:39 PM Project: Golden Gate Boulevard Parcel: 307T Folio: 37112440000 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 37 feet of the North 40 feet of the South 105 feet of the East 75 feet of the West 180 feet of Tract 35, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. Prepared b .. ....... . George R c ... 4 24ag Public VForks Engineering:6ept.L1 3301 Taiiniami PAil East Naples, IFL 34Y11 gas PROJECT NO, 63041 PROJECT PARCEL NO. 308 Fowb No. 3'1 112.400006 LEGAL DESCRIPTION & SKETCH (NOT A SURVEI9 The North 15 feet of the South 65 feet of the West 75 feet of the East 150 feet of Tract 35, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. 75 FEET 4. EAST PROPERTY LINE la 15 F00T DRAIN E , UTILITY AND N MAINTENANCEH*SEMENT EXISTING RNV LINE - ---'........ I ..— ..... —. —.. —.. — ..— ..— ..— .. --• — —•• —' (GOLDEN GATE BLVD.) (EXISTING 50 FT. RAN EASEMENT) SOUTH PROPERTY LINE Prepared b 1 George. &. and P.L.S. p2406 Public Worl%Epgineering D/p; ®�/7� SCALE: i Inch = 100 feet 3301 � mi Trail East Naples'FL 3 `1 Collier County Real Property Managemenl Depadmnl /Z 07101198 8:25 AM 1 t i j' Project: Golden Gate Boulevard Parcel: 308T Folio: 37112400008 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 42 feet of the North 25 feet of the South 90 feet of the West 75 feet of the East 150 feet of Tract 35, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. g'(8; L /a 7 Prepared by... �/ George R chmond P.L.S. 112406 Public Works Engineering Dept. 3301 Tamiami Trail East y; Naples, FL 34112 a� PROJECT NO. 63041 PROJECT PARCEL NO. 309 OLIO 3711z5ZOOCII LEGAL DESCRIPTION & SKETCH >` I' (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 75 feet of Tract 35, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. EAST PROPERTY LINE i% WI 15 FOOT DRAINA E , UTILITY AND N MAINTENANCE E�SEMENT EXISTING RM LINE GOLDEN GATE BLVD.) (EXISTING 50 FT. RM EASEMENT) SOUTH PROPERTY LINE Prepared b . George chmond P.L.S. Public Wprks Engineering ;. SCALE: 1 Inch • 100 feel 3301 Ta fan1i Trail East Naples, M 341FI: j''Collier County Real Property Management DepaAmenl W 8'2:38 PM OFFICE OF CAPITAL PROJECTS I 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 — SKETCH OF DESCRIPTION 41 (NOT A SURVEY) PROJECT' PARCEL NO. 310 FolaO* 371&434060S (100' R.O.W.) GOLDEN GATE BOULEVARD NQRTH PROPERTY LWE 33y r EXIST. 50' R1W I ASEMENT EXISTING RIGHT OF WAY LINE - - - - - - ---- - --- -- -- -- ---- 25 FOOT DRAINAGE, SIDEWALK, UTILITY, / &'MAINTENANCE iEASEMENT I ii I ui Ili w r cn TRACT 18 WEST PROPERTY EAST ISO FEET TRACT 18 L33U SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 150 FEET OF TRACT 18, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA o ( w +oo zoo EAST PROPERTY LWE 1; Prepared� f :..••+r.•••¢.`! L5 George R J chmond P.L.S. #240 Public Works Engineering DepL 3301 Tamiami Trail Ea y �� Naples, F (B L 34112. )l I L DRAWN BY CHECKED SY SCALE DATE FILE NO. `• .. .. ... 1'.100' JULY 20, 1998 GGB310 ra �HP-ET 1 OF 1 PROJECT NO. 63041 PROJECT PARCEL NO. 311 A -- r0L.10 No. 3 -711250OWq LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) s� The North 15 feet of the South 65 feet of the West 165 feet of Tract 36, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. 165 FEET 4 EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY V AND MAINf£NANCE EASEMENT EXISTING RM! LINE (GOLDEN GATE BLVD.) • 1 (EXISTING 50 FT. R/W EASEMENT) SOUTH PROPERTY LINE Prepared b �.........da George R Zlh..nd P.L.S. 112406 Public Works Engineering Dept$ SCALE; 1Inch • 100 feel 3301 TarriAmi Trail East Naples, FL 34112, _ Collier County Real Property Management Deperlment 130 DW519612:58 PM I i Project: Golden Gate Boulevard Parcel: 311 AT Folio: 37112580009 i� EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 37 feet of the North 10 feet of the South 75 feet of the West 165 feet of Tract 36, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. i Prepared�1� �/•• °�s� George R 'chmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 9(6)(7) y 13i PROJECT NO. 63041 PROJECT PARCEL NO. 311 B FOL-10 N0. 3-1117-560003 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 165 feet of Tract 36, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. EAST PROPERTY LINE 0 15 FOOT DjflNAGE, UTILITY N AND MAINTENANCE EASEMENT EXISTING RAN LINE (GOLDEN GATE BLVD.) I (EXISTING 50 FT. RAN EA ENT) SOUTH PROPERTY LINE Prepared b George chmond P L . #24 j Public Wo&s Ertgin= --_ D— ($x SCALE: 1 Inch = 100 feet 3301 Tami�tttu Trail East " Naples, Fl. 34111 Collier County Real Property Management Department /l�6R5�a 12:59 PM OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 �1 SKETCH OF DESCRIPTION PROJECT NO. 6304 (NOT A SURVEY) PROJECT PARCEL NO. 312 FOL10 # 37((014000014 (IW R.O.W.) GOLDEN GATE BOULEVARD r- NORTH PROPERTY LINE L— EXIST. 50' R1W EASEMENT EXISTING RIGHT OF WAY LINE ------ --------------------------- 25 FOOT DRAINAGE, SIDEWALK, UTILITY, d MAINTENANCE EASEMENT WEST PROPERTY LINE TRACT 19 PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF TRACT 19, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA ,oD zoo EAST PROPERTY LINE 1>, Prepared by:..,�� ......i;!.�e�i' George R 'ch. P.L.S. #2406 Public Works Engineering D I 3301 Tamiami Trail East Naples, FL 34112 - a DRAWN BY CHECKED BY SCALE DATE FILE NO. - (33 1 ' . 1D0 JULY 20, 1998 GGS312 SHEET 1 OF 1 PROJECT NO, 63041 PROJECT PARCEL NO. 313 FOLIO 1140. 3"1117.4 { 0001{ LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) t, , The North 15 feet of the South 65 feet of the West One Half (1/2) of Tract 37, Golden Gate Estates Unit No. 11, as recorded in. Plat Book 4, Page 103 of the Public Records of Collier County, Florida. - . 165 FEET EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY `I AND MAIJENANCE EASEMENT EXISTING RNV LINE — .. .. r (GOLDEN GATE BLVD.) . • • — . • • I — • • _ .. _ — • • (EXISTING 50 FT. RAY EASEM' • . SOUTH PROPERTY LINE T Prepared by' . 7• "� George chmondP.L.S. #2406 Public Works Engineering Dept. SCALE: i Inch • 100 feet 3301 Tamiami Trail E� 8 ` ,� Naples. FL 34112 ) Cotqu County Reel Prop" Menepamenl DepsMwnt ( OWSM 9:50 AM r3 � OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJEG`T PARCEL NO. 314A1 FOG10 N0. 37146-378000-7 (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE _ G ^- - --- - -- -- – – – – EXIST. 50'R%% + - `- -'- -- --- --- – – – – – – – – – – EASEMENT - ----- — - -- - - – – – – – - – – EXISTING RIGHT OF WAY LINE -�-- ---- – — ..— .. —.._ �% 25 FOOT DRAINAGE, SIDEWALK, UTILITY, 6 MAINTENANCE EASEMENT TRACT 50 WEST ONE HALF TRACT 50 Oi• so 100 200 WEST PROPERTY LINE EAST PROPERTY LINE i. ' 165' 16S 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST ONE HALF OF TRACT 50, GOLDEN GATE ESTATES UNIT NO. 12, AS Iq RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC l l RECORDS OF COLLIER COUNTY, FLORIDA. Prepared by: . �v .... �r� George chmond P.L.S. #2406 Public Works Engineering ept. 3301 Tamiami Trail East `/ 7 Naples, FU 34112 DRAWN BY CHECKED BY Bf.+LLE OAT E FILE NO. ./c �I OF 1 I 1'� 100' JULY 20, 1998 GG8314A SH�tL Project: Golden Gate Boulevard Parcel: 314AT Folio: 37163780007 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 77 feet of the South 45 feet of the North 120 feet of the West One Half (W 1/2) of Tract 50, Golden Gate Estates Unit No. 12, as recorded in Plat Book 4, Page 105, of the Public Records of Collier County, Florida. Prepared r /`! ���: / `f George R 'chmond P.L.S. 42406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 /�G OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 I !1 DESCRIPTION: SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 3148 roL.�tD 0: 3-7143-71,0001 (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY L114E EXIST. 50' R1 EASEMENT EXISTING RIGHT OF WAY LINE 25 FOOT DRAINAGE, SIDEWALK, UTILITY, & MAINTENANCE EASEMENT WEST PROPERTY EAST ONE HALF TRACT 50 50 330' SOUTH PROPERTY LINE THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST ONE HALF OF TRACT 50, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. y—MCLIC, ata -Adl I4 i Preps y / George R 'chmond P.L.S. #2406 Public Works Engineering Dept. N ples, FL 34112 it EBS(�) /7` x I DRAWN BY CHECKED BY SCALE DATE FILE '- ]oo 1' 1110' I JULY 20,1995 GGB314B 01� 5B 10o y—MCLIC, ata -Adl I4 i Preps y / George R 'chmond P.L.S. #2406 Public Works Engineering Dept. N ples, FL 34112 it EBS(�) /7` x I DRAWN BY CHECKED BY SCALE DATE FILE '- 1' 1110' I JULY 20,1995 GGB314B SHry OF ' PROJECT NO. 63041 sY PROJECT PARCEL NO. 315 Fouts 37/12( o0002 ;r LEGAL DESCRIPTION & SKETCH (NOT A SURVEY} The North 15 feet of the South 65 feet of the East One Half (112) of Tract 37, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 165 FEET / WEST PROPERTY LINE_ _ EAST PROPERTY LINE 15 FOOT DOINAGE. UTILITY AND MAINT ANCE EASEMENT EXISTING R(W LINE (GOLDEN GATE BLVD.) fi (EXISTING 50 FT. RAN EASEMENT) / SOUTH PROPERTY LINE Prepared b `� �� .............. .1�4 George R- Richmond P.L.S. #24060 / 1 Public Works Engineering Dept. SCALE: t Inch = 100 feet 3301 Tamiami Trail East Naples, FL 34112 ,I . Cotller County R eat PropeilyManagementDepadroenl 8 O1 PM PROJECT NO. 63041 PROJECT PARCEL NO. 316 FoL-10 #r 31 112680006 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 38, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 11, as recorded.in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. I I r PROPERTY LINE, I I EAST PROPERTY LINE I I I I I � 1 I I I I I I I I I I I I I I N 15 FOOT DRAINAGE, UTILITY AND I EXISTING MAINTENANCE EASEMENT RAN LINES 60 IL — — — ••- -•— ••-- -- ••- -•— •• --•— —I L•• — — — (EXISTING 50' RA EASEMENT) (GOLDEN GATE BLVD.) SOUTH PROPERTY LINE Prepared b ' �f is.. George P- 'chmondP.L.S. #24068 Public Works Engineering Dept. l l SCALE: 1 Inch = 100 feet 3301 Tamiamf Trail East _ Naples, FL 34112 Collier County Real Property Management Department 06251901:03 PM OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 317 Fowt, vvvs 30000D ,A, (100' R.O.W.) GOLDEN GATE E30ULEVARD 330' EXIST. 50- kW EASEMENT —, PROPERTY LINE EXISTING RIGHT OF WAY LINE I 1 25 FOOT ROAD RIGHT OF WAY I DRAINAGE, SIDEWALK, U rILITY, b MAINTENANCE EASEM NT I I I I WEST 150 FEET TRACT 51 TRACT 51 I w :W y60 160 2w I� - 1 I WEST PROPERTY LINE EAST PROPERTY LINE I I I II PROPERTY LINE DESCRIPTION; THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 150 FEET OF TRACT 51, GOLDEN GATE ESTATES UNIT NO. 12, AS q RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC �{ RECORDS OF COLLIER COUNTY, FLORIDA. � prepared b - �.F...�� George chmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail Ea / D n ) -7, 34112 L Naples, FL j+l C DRAWN BY CHECKED BY —E DATE FILE NO. •• ... -- " 1' 100 JULY 20, 1 898 GGB317 ET 1 OF 1 Li OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT iJO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 318 &L�io 3'7 1638L/000z (100' R.O.W.) GOLDEN GATE BOULEVARD W. NORTH PROPERTY LWE EXIST. 50 tXW EASEMENT EXISTING RIGHT OF WAY LINE 25 FOOT ROAD RIGHTbF WAY DRAINAGE, SIDEWALK UTILITY, I b MAINTENANCE EASEMENT EAST 180 FEET I LESS THE EAST 30 FEET TRACT 51 13 �i TRACT 51 �Lu io j. � 16D It I WEST PROPERTY LINE EAST PROPERTY LINE L 330 SOUTH PROPERTY LWE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 180 FEET OF TRACT 51,LESS THE EAST 30 FEET THEREOF, GOLDEN 1 GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, { PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA :: •��� Prepared b . . George R. chmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail Naples, FL 341111! ORAWN BY CHECKED BY SCALE DATE I FILE NO. - 1. 100' JULY 20,1998 GGB31a SHEET 1 OF 1 1 t I i PROJECT NO. 1 63041 PROJECT PARCEL NO. 319 FOLIO 37114tie0000 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 105 feet of Tract 71, LESS the West 30 feet thereof, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. 130 FT 30 FT 1 75 FT I 1 I I I { { I I I I I I I I I I I { I I WEST PROPERTY LINE t 1 EAST PROPERTY LINE l I I I I I N EXISTING RIW LINES I Imo— 60 IL I I 15 FOOT DRAINARE. UTILITY AND MAINTENANCE E)dSEMENT _.._.._.._.._.._.1 L...... _.._.._.._..... _ -.- (GOLDEN GATE BLVD.) {EXISTING 50 FT. RAN EASEMEN i ) 7 SOUTH PROPERTY LINE Prepared b ' . je ......... ..... 6��/f George K chmond P.L.S. x/2406 Public Works Engineering Dept. -f <8) C?� SCALE: 1 Inch a 100 {eel 3301 Tamiami Trail East Naples, FL 34112 tJ -- - — Collier County Real Property Management Department /� 06125f961:04 PM ,i 't. PROJECT NO. 63041 PROJECT PARCEL NO. 321 FOLIO # 3-7 1145?. 0007 LEGAL DESCRIPTION & SKETCH (NOT A SURVEIL .i The North 15 feet of the South 65 feet of the East 75 feet of the West 180 feet of Tract 71, Golden Gate Estates Unit No. 11,,as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. 75 FEET WEST PROPERTY LINE I I+ EAST PROPERTY N 15 FOOT DRAINAflE , UTILITY AND MAINTENANCE SEMENT EXISTING RAN LINE (GOLDEN GATE BLVD.) I (EXISTING 50 FT. RAN EASEMENT) SOUTH PROPERTY LINE Prepared George chmond P.L.S. #�rlq$� �/�� Public: Works Engineering D (O/� SCALE: 1 Inch = 1DO feel 3301 Tamiami Trail Fast. Naplgts. F1. -141 �r_ Collier County Real Property Management Department 0110U9512:55 PM EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the North 30 feet of the South 95 feet of the East 75 feet of the West 180 feet of Tract 71, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. C n. Prepared 'y- George .......... .... George R. P.L.S. k2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 NORTH PROPERTY LINE 75 FEET 5 1 / WEST PROPERTY LINE EAST PROPERTY LINE i N 15 FOOT ORAINA E , UTILITY AND MAINTENANCE SEMENT EXISTING R/W LINE (GOLDEN GATE BLVD.) j (EXISTING 50 FT. RAN EASEMENT) SOUTH PROPERTY LINE T ' Prepared ......: ond D"George t Public Works En kering .p..V ..f t/of� � SCALE: 1 Inch = 100 (eel 3301 Tamiimi Trail East Naples, FL 34112; Colder County Real Property Management Deparhmnl SfSB 1:05 PM af' � w. NORTH PROPERTY LINE 75 FEET 5 1 / WEST PROPERTY LINE EAST PROPERTY LINE i N 15 FOOT ORAINA E , UTILITY AND MAINTENANCE SEMENT EXISTING R/W LINE (GOLDEN GATE BLVD.) j (EXISTING 50 FT. RAN EASEMENT) SOUTH PROPERTY LINE T ' Prepared ......: ond D"George t Public Works En kering .p..V ..f t/of� � SCALE: 1 Inch = 100 (eel 3301 Tamiimi Trail East Naples, FL 34112; Colder County Real Property Management Deparhmnl SfSB 1:05 PM I PROJECT NO. 63041 PROJECT PARCEL NO. 324 FOLIO # 371/4't4 0000 LEGAL DESCRIPTION 8 SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 75 feet of Tract 71, Golden Gate Estates Unit No. 11, as recorded in Plat Bpok 4, Page 103 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 75 FEET r. / WEST PROPERTY LINE EAST PROPERTY LINE N 15 FOOT DRAINA UTILITY AND MAINTENANCE EIXEMENT EXISTING RAN LINE -- -- - -- - -- - - - - - - - -- - (GOLDEN GATE BLVD.) (EXISTING 50 Ft. R1W EASEMENT) / SOUTH PROPERTY LINE Prepared b �t••!••! 5 George R chmond P.L.S. k24Q6 Public Works Engineering Dopty( SCALE: 1 Inch = 100 feel 3301 Tamiami Trail East Naples, 8.34114 �i .,f Collor County Real Property Management Department _ _ _ _ DUMB 1:07 PM PROJECT NO. 63041 PROJECT PARCEL NO. 325 Fot,►olt '3-7114(-80004 LEGAL DESCRIPTION & SKETCH (NOT A SURVEIL The North 15 feet of the South 65 feet of the West 150 feet of Tract 72, Golden Gate Estates Unit No. 11, as recorded in Plat Bpok 4, Page 103 of the Public Records of Collier County, Florida. 150 FEET I _WEST PROPERTY LINE , I I EAST PROPERTY LINE N I/ i 15 FOOT D JtINAGE, UTILITY V AND MAIN�T++ NANCE EASEMENT EXISTING RIW LINE — ..— ........ —.. --• —• (GOLDEN GATE BLVD.) (EXISTING SO FT. R)W EASEMENT) r1 // SOUTH PROPERTY LINE Prepared W...d�George c . #24� /pl Public Works Engineering Dept. l 7J SCALE: 1 Inch = 100 feel 3301 Tamiami Trail Fast _ Naples, FL 33112 E; M/ y `1 7 CoMer County Real Property Management Department _ _ 07101!9512:58 PM Project: Golden Gate Boulevard Parcel: 325T1 Folio: 37114680004 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 35 feet of the North 15 feet of the South 80 feet of the West 150 feet of Tract 72, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida Preparedby,�.7W George R. Richmond P L S. #2406 Public Wor" Engineering Dept 3301 Tamiami Trail East y3 Naples, FL 3411 2 O 6 ) jy8 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 62 feet of the North 15 feet of the South 80 feet of the West 150 feet of Tract 72, Golden Gate Estates Unit No. 11, as recorded in +; Plat Book 4, Page 103 of the Public Records of Collier County, Florida. t i,• Prepared b .....��!%.....`1!l1f George cbmond P.L: S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East i • Naples,.FL 34112 ��� m OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 326 °�lof 3-711,yee000 3 (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LWE 330' r EXIST. 50' RW EASEMENT - EXISTING RIGHT OF WAY LINE — — — — — — — — — — — — ^ — — — — — — — — — — — — — — — — — , 25 FOOT DRAINAGE, SIDEWALK, UTILITY, d MAINTENANCE EASEMENT WEST 150 FEET TRACT 53 ' 56 160 200 53 WEST PROPERTY LINE I- EAST PROPERTY LINE 1 1110 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 150 FEET OF TRACT 53, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Prepared by ....!!. George R chmond P.L.S. #2406 Public Works Engineering D t. r 3301 Tamiami Teri! East Naples, FL 34112 DRAWN SY CHECKED BY SCALE DATE FILE NO. 1'.100' JULY 22, 1998 GGB326 SHEET 1 OF 1 PROJECT NO. 63041 PROJECT PARCEL NO. 327 {,v1,104 37 i 14b 0000 D J LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) i The North 15 feet of the South 65 feet of the West 75 feet of the East 180 feet of Tract 72, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. / WEST PROPERTY LINE EXISTING RAN LINE (GOLDEN GATE BLVD.) SOUTH PROPERTY LINE Collier County Real Property Management Department 75 FEET SCALE: 1 Inch - 100 feet N 15 FOOT DRAINAOE, UTILITY AND MAINTENANCE SEMENT (EXISTING 50 FT. RAN EASEMENT) ) Prepared by' ... ..... .. .....� George R 'chmond P.L.S. i/24060 Public Works Engineering Dept. G 3301 Tamiami Trail East Naples, FL. 34112 0710 1/98 12:58 PM Project: Golden Gate Boulevard Parcel 327T Folio: 37114600000 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 25 feet of the North 15 feet of the South 80 feet of the West 75 feet of the East 180 feet of Tract 72, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. /i Prepared b f% y: .,/ .f� G - � George R. 'chmond P.L S #2406 Public Works Engineenng Dept. n� 3301 Tamiami Trail East � J Naples, Fl, 34112 j I i RESOLUTION NO. 99- A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND,BY GIFT, PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE-'TNTERESTS AND /OR PERPE'T'UAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, SIDEWALK, UT4LITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT, AS TO PARCELS 328T -334T, 336 -345T, 347 -347T, AND 349 -350, FOR THE CONSTRUCTION OF THE FOUR- LANING ROADWAY IMPROVEMENTS FOR GOLDEN GATE :. BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD PROJECT, CIE NO. 62. 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 i Comprehensive Plan was adopted in Ordinance No. 97 -62; and WHEREAS, the four - laning improvements to Golden Gate Boulevard Road between C. R. 951 and Wilson Boulevard 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 April 28, 1998, adopted Resolution No. y 98 -107 authorizing the County Staff to acquire by gill or purchase certain easements and /or fee s: title to the property and property interests required and necessary for the Golden Gate Boulevard fou,- laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and = WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three (3) Resolutions, for Parcels 101A -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 122A -123, - - ; 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149 -153T, 155 -155T, a 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 (Resolution No. 99 -221), authorizing the County Staff to acquire by gift, purchase or condemnation certain easements and /of fee simple title to the property and property interests required and necessary for the Golden Gato Boulevard four - laning roadway improvements of Golden Gate Boulevard between C. R. 951 an Wilson Boulevard; and WHEREAS, the parcels described in this Resolution include Parcels 328T -334T, 336 -345' 347 -347T, and 349 -350; and WHEREAS, the location for construction of the proposed improvements has been fixed survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached her, and incorporated herein; and Page l / S3 11r, 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 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 four- laning roadway improvements for the Golden Gate Boulevard between C. R. 951 and Wilson Boulevard, (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. 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 j. 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, L 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: the fee simple title interests and/or perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance and temporary driveway restoration 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 staff is 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 from the property to be acquired. Ind f Page 2� S 7 1 i "! This Resolution adopted on this second and majority vote. i ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: Heidi . As ton Assistant County Attorney Clerk day of 19_, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Page 3 G i� i 4 I RESOLUTION NO. 99- 2 3 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY 4 GIFT, PURCHASE OR CONDEMNATION OF FEE SIMPLE tITLE 5 INTERESTS AND /OR PERPETUAL, NON - EXCLUSIVE, ROAD RIGHT - 6 OF -WAY, :SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND 7 TEMPORARY DRIVEWAY RESTORATION INTERESTS BY 8 EASEMENT AS TO PARCELS 328T -334T, 336 -345T, 347 -347T, AND 349- 9 350, FOR THE CONSTRUCTION OF THE FOUR - LANING ROADWAY 10 IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 11 951 AND WILSON BOULEVARD PROJECT, CIE NO. 62. i 12 WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted 13 Ordinance No. 97 -55 therein establishing the 1997 (Seventh Annual) Capital Improvement 14 Element of the Growth Management Plan in order to establish priorities for the design, 15 acquisition and construction of the various capital improvement projects. The Transportation 16 Element of the County's Comprehensive Plan was adopted in Ordinance No. 97 -62; and 17 WHEREAS, the four - laning improvements to Golden Gate Boulevard Road between 18 C. R. 951 and Wilson Boulevard is one of the capital improvement projects required under the 19 Transportation Element of the County's Comprehensive Plan; and 20 WHEREAS, the Board of County Commissioners, on April 28, 1998, adopted 21 Resolution No. 98 -107 authorizing the County Staff to acquire by gift or purchase certain 22 easements and /or fee simple title to the property and property interests required and necessary 23 for the Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard 24 between C. R. 951 and Wilson Boulevard-, and 25 WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three 26 (3) Resolutions for Parcels 101A -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 27 122A -123, 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149- 28 153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 29 (Resolution No. 99 -221), authorizing the County Staff to acquire by gift, purchase or 30 condemnation certain easements and /or fee simple title to the property and property interests 31 required and necessary for the Golden Gate Boulevard four - laning roadway improvements of 07 32 Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and r t . Page 1 d ,,S (e 1 WHEREAS, the parcels described in this Resolution include Parcels 328T -334T, 336 - 2 345T, 347 -347T, and 349 -350; and 3 WHEREAS, the location for construction of the proposed improvements has been 4 fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" 5 attached hereto and incorporated herein. 6 WHEREAS, after consideration of the availability of alternate routes and locations, the 7 comparative costs of project alternatives, various impacts upon the environment, long range 8 planning options, and public safety considerations, the Board desires to exercise its right to J 9 condemn property for public purposes. 10 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 11 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the 12 Board that the construction of the four- laning roadway improvements for the Golden Gate 13 Boulevard between C. R. 951 and Wilson Boulevard, (hereinafter referred to as "the Project ") 14 is necessary and in the public's best interest in order to protect the health, safety and welfare of 15 the citizens of Collier County. 16 AND IT IS FURTHER RESOLVED that construction of the Project is part of the 17 County's long range planning effort, and is included in the Transportation Element of the 18 County's Comprehensive Plan for Growth Management, as approved by the Florida 19 Department of Community Affairs. 20 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative 21 locations for the project, various impacts to the environmental, public safety and welfare 22 considerations associated with the design and construction of the project, and the costs 23 associated with the design, property rights acquisition, and construction of the project; and the 24 Board finds that after consideration of these issues, the most feasible location for construction 25 of the proposed improvements is collectively represented by the legal descriptions comprising 26 Exhibit "A" attached hereto and incorporated herein. 27 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, 28 it is necessary for the Board to acquire the various real property interests described Exhibit "A" 29 to wit: the fee simple title interests and/or perpetual, non - exclusive road right -of -way, 30 sidewalk, utility, drainage, maintenance and temporary driveway restoration interests by 31 easement. Page 2 n/ h, ri j 1 AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 2 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to 3 immediately acquire by gift, purchase or condemnation in accordance with the provisions of 4 Chapters 73, 74 and 127, Florida Statutes, the above - referenced real property interests more 5 particularly described in Exhibit "A ", attached hereto and incorporated herein. 6 AND IT IS FURTHER RESOLVED that no mobile homes are located on the property 7 sought to be acquired and therefore it will not be necessary to remove any mobile homes from 8 the property to be acquired. 9 This Resolution adopted on this day of 19___, after motion, 10 second and majority vote. 11 BOARD OF COUNTY COMMISSIONERS 12 OF COLLIER COUNTY, FLORIDA 13 ATTEST: 14 DWIGHT E. BROCK, CLERK By: 15 PAMELA S. MAC'KIE, CHAIRWOMAN 16 17 Clerk 18 19 Approved as to form and 20 legal sufficiency: 21 22 23 _�Jt4 d4 24 Heidi F, Ashton 25 Assistant County Attorney 1,11 i Project: Golden Gate Boulevard Parcel: 328T Folio: 37163960005 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) �i The East 35 feet of the West 82 feet of the South 15 feet of the North 90 feet of the East 180 feet of Tract 53, Golden Gate Estates Unit No. 12, as recorded in Plat Book 4, Page 105, of the Public Records of Collier County, Florida. Prepared by:. .. i George PL and P.L.S. 4 Public Work¢ Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112" — ' ` .1 - : e� 4 ; PROJECT NO. 63041 PROJECT PARCEL NO. 329 FnU Otk 3'711 W Y 0 00'> LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 105 feet of Tract 72, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. 105 FEET / WEST PROPERTY LINE N 15 FOOT DR,AINAy%E . UTILITY AND N MAINTENANCE EASEMENT EXISTING RAN LINE — ..— ........ —.. —.. ,.._._— ..— .. —..— — .._.__ (GOLDEN GATE BLVD.) (EXISTING 50 FT. R!W EASEMENT) J/f SOUTH PROPERTY LINE Prepared by George c mood P.L.S. #2406 PublicWorksEngineeringDepi�fe SCALE: 1 Inch = 100 feet 3301 Tamiang Trail East Naples, FL 3q 112 . 4 . Colds( County Real Pmpetty Management OepoWnenl OTM11H110- PM 'i. •1: i Project: Golden Gate Boulevard Parcel: 329T Folio: 37114640002 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 53 feet of the North 10 feet of the South 75 feet of the East 105 feet of Tract 72, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103, of the Public Records of Collier County, Florida. S <e >C9) i Prepared bi'chmond r ........ George PL P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT,NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 330 FOL,10 -t 371666 x-000'7 PROPERTY ME EXISTING RIGHT OF WAY LINE -- — — — — — — — — 25 FOOT DRAINAGE, SIDEWALK, UTILITY, 6 MAINTENANCE EASEMENT WEST 160 FEET TRACT 86 B f.. w loo 2W Pre ared iiilhmlond George P, P.L.S. #2406 Public Works Engineeringkp 3301 Tamiami Trail East (( Naples, FL 34112 DRAWN BY CHECKED BY SCALE DATE FLE NO. I.. 100 JULY 22, 1998 GG8330 Sti!~ET 1 OF 1 .Ar_. .,.:iui Project: Golden Gate Boulevard Parcel: 330T Folio: 37166680007 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 83 feet of the South 30 feet of the North 105 feet of the West 180 feet of Tract 86, Golden Gate Estates Unit No. 12, as recorded in Plat Book 4, Page 105, of the Public Records of Collier County, Florida. 16.3 PreparedY�./.`.. ...��! George R chmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 PROJECT NO. 63041 PROJECT PARCEL NO. 331 �oL.ln 37 11 q 000o � LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 105 feet of Tract 73, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. 105 FEET / WEST PROPERTY LINE wl 15 FOOT DRAINA� UTILITY AND N MAINTENANCE E EMENT EXISTING RAN LINE ................. —•- —.. —.. .. —.{ . — . . — . . — . . — . . — . . — . . — . . — . — (GOLDEN GATE BLVD.) I (EXISTING 50 FT. RAN EASEMEN 6 SWTH PROPERTY LINE Prepared by: ... 6 Xec George R 'chmond P.L.S. #2406 Public Works Engineering Dept. SCALE: 1 Inch = 100 feel 3301 TamianTi Trail East ( 6)( NaplM FL 34112 Comer County Real Property Management Deperlment /� ,) 08125198 1:08 PM OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECZNO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 332 rot -tot -ti I bbb 0000ls RI (1W R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE T7EXIST. 50' R1W ASEMENT EXISTING RIGHT OF WAY LINE - -- -- - --- ---- ------ - - - - -- - - --- - -- -- -- -- - ---- ------ -- -- - - - - -- - -- - - -- - -- - - -- 25 FOOT DRAINAGE, SIDEWALK, UTILITY, b MAINTENANCE EASEMENT wwis �- U 3V� o�. 60 1 200 TRACT I 86 WEST PROPERTY LINE I—'— EAST PROPERTY LINE i 76 I 75' 33U SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF THE EAST 150 FEET TRACT 86, GOLDEN GATE ESTATES UNIT NO. 112, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY CHECKED BY SCALE DATE FILE NO. 1' - 100' JULY 22,1898 GG8332 it 11 Prepared by. ..� tt %......... George R 'chmond P.L.S. #2405 Public Works Engineering Dept. 3301 Tamiami Trail East `��' Naples, FL 34112 SHEET IOF1 1 Golden Gate Boulevard 332T 37166600003 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 35 feet of the South 25 feet of the North 100 feet of the West 75 feet of the East 150 feet of Tract 86, Golden Gate Estates Unit No. 12, as recorded in Plat Book 4, Page 105, of the Public Records of Collier County, Florida. - /4� 0:!� Prepared b .. . ....... � / /"/ George R chmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 1 ' 1 i ;i. J OFFICE OF CAPITAL PROJECTS I 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 333 F00via 371(0&& tt0005 (1W R.O.W.) GOLDEN GATE BOULEVARD —NORTH PROPERTY LINE m1 L souTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 75 FEET OF TRACT 86, GOLDEN GATE ESTATESUNIT NO. 12, AS 1� RECORDED IN PLAT BOOK 4, PAGE 1055, OF THE PUBLIC RECORDS I OF COLLIER COUNTY, FLORIDA Pre red bi.lzond Pa George R P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiarvi Trail Eas Naples; FL 3411.2 4 D DRAWN BY CHECKED BY SCALE DATE FEE NO. i'.100' JULY 22, 1998 GGB333 SHE 1 OF EXIST. 50' R \W I ASEMENT - � EXISTING RIGHT OF WAY LINE 25 FOOT DRAINAGE. \ SIDEWALK, UTILITY, 3 MAINTENANCE EASEMENT EAST 75 FEE TRACT 86 1 TRACT 86 WEST PROP RTY LINE EAST PROPERTY LINE lY 75' m1 L souTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 75 FEET OF TRACT 86, GOLDEN GATE ESTATESUNIT NO. 12, AS 1� RECORDED IN PLAT BOOK 4, PAGE 1055, OF THE PUBLIC RECORDS I OF COLLIER COUNTY, FLORIDA Pre red bi.lzond Pa George R P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiarvi Trail Eas Naples; FL 3411.2 4 D DRAWN BY CHECKED BY SCALE DATE FEE NO. i'.100' JULY 22, 1998 GGB333 SHE 1 OF A- _�:__. 1 j' Project: Golden Gate Boulevard Parcel: 333T Folio: 37166640005 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 40 feet of the South 25 feet of the North 100 feet of the East 75 feet of Tract 86, Golden Gate Estates Unit No. 12, as recorded in Plat Book 4, Page 105, of the Public Records of Collier County, Florida. Ifilm-1 ^ Prepared by:. . . � `T � ..... ......... George R JGchmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 PROJECT NO. 63041 PROJECT PARCEL NO. 334 Fo�iv s 3-71114'76OW5 4 3711 477- 0003 LEGAL DESCRIPTION & SKETCH (NOT A SURVEI) i The North 15 feet of the South 65 feet of the East 225 feet of Tract 73, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. WES PROPERTY LINE 225 FEET I EAST PROPERTY LINE N 15 FOO�6DRAINAGE • UTILITY N ANO MA NTENANCE EASEMENT EXISTING RAW LINE (GOLDEN GATE BLVD I (EXISTING 50 FT. R(W EASEMENT) / SOUTH PROPERTY LINE Prepared „ < „`j�•••••�� 14 George chmond P.L.S. H24(L0,1,d ` Public Works EL*neerine Dept.J i.; SCALE: 1 Inch = 100 feet 3301 Tar$iami Trail East Naples, 341 �2 Collier County Real Properly Management Department / 49x' 4:15 PM { i ;i r Project: Golden Gate Boulevard Parcel: 334T Folio: 37114760005 4 3 -+a. 00 0 3 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) %i The West 30 feet of the East 98 feet of the North 10 feet of the South 75 feet of the East 225 feet of Tract 73, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103, of the Public Records of Collier County, Florida. C� C6-)u)" Prepared b /•:. /. George P- 'chmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 ,1. OFFICE OF CAPITAL PROJECTS I 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 25 FOOT ROAD RIGHT OF WAY— DRAINAGE, SIDEWALK, UTILITY, R MAINTENANCE EASEMENT WEST PROPERTY LINE DESCRIPTION: SKETCH OF DESCRIPTION PROJECT,96. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 336 fvwo -1 371W,7200194 (100' R.O.W.) GOLDEN GATE BOULEVARD THPROPERTYLWE EXIST. 50' RkW EASEMENT EXISTING RIGHT OF WAY LINE WEST 150 FEET , TRACT 87 : F TRACT 87 so too zoo EAST PROPERTY LINE THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 150 FEET OF TRACT 87, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA I� Prepared �.rs George chmond P.L.S. #2406 Public Works Engineering Dcy� 3301 Tamiami Trail Eas1�7 Naples, FL. 34112 i 1 DRAWN BY CHECKED BY SCALE DATE FILE NO. /,,,//7/ 1..1D0 JULY 22, 1998 GGB336 j SH6I 1OFi 4 Golden Gate Boulevard 336T 37166720006 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 35 feet of the South 35 feet of the North 110 feet of the West 150 feet 7 of Tract 87, Golden Gate Estates Unit No. 12, as recorded in Plat Book 4, Page 105, of the Public Records of Collier County, Florida. Prepared George ch o. 0 Public W4rks Engineering Dept. 3301 Taniiami TISU I!►st Naples, n 34 112 1 PROJECT NO. 63041 PROJECT PARCEL NO. 337 foL- 100.3-711 Ll 8 4 0 ©04, LEGAL DESCRIPTION & SKETCH (NOT A SURVEIL The North 15 feet of the South 65 feet of the West 75 feet of the East 180 feet of Tract 74, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. �j NORTH PROPERTY LINE 75 FEET fr 1 ,✓ WEST PROPERTY LINE EAST PROPERTY LINE N 15 FOOT DRAINAE , UTILITY AND MAINTENANCE SEMENT EXISTING RIW LINE --- - - - - -- - -j - - - - - - - (GOLDEN GATE BLVD.) (EXISTING 50 FT. RNy EASEMENT) SOUTH PROPERTY LINE Prepared •••••� °Y George P— chmond P.L.S. #2406 Public Works Engineering Dept. SCALE: 1 Inch = 100 feet 3301 Tamiami Trail East Ofj) Naples, FL 34112 . t: Collor County Reel Property Management Department 06I25Ne 1:11 PM 1; I PROJECT NO. 63041 PROJECT PARCEL NO. 337 foL- 100.3-711 Ll 8 4 0 ©04, LEGAL DESCRIPTION & SKETCH (NOT A SURVEIL The North 15 feet of the South 65 feet of the West 75 feet of the East 180 feet of Tract 74, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. �j NORTH PROPERTY LINE 75 FEET fr 1 ,✓ WEST PROPERTY LINE EAST PROPERTY LINE N 15 FOOT DRAINAE , UTILITY AND MAINTENANCE SEMENT EXISTING RIW LINE --- - - - - -- - -j - - - - - - - (GOLDEN GATE BLVD.) (EXISTING 50 FT. RNy EASEMENT) SOUTH PROPERTY LINE Prepared •••••� °Y George P— chmond P.L.S. #2406 Public Works Engineering Dept. SCALE: 1 Inch = 100 feet 3301 Tamiami Trail East Ofj) Naples, FL 34112 . t: Collor County Reel Property Management Department 06I25Ne 1:11 PM PROJECT NO. 63041 PROJECT PARCEL NO. 338 ('0007 LEGAL DESCRIPTION & SKETCH (NOT A SURVEI) The East 180 feet of Tract 87, Golden Gate Estates Unit No. 12, according to the plat thereof, recorded in Plat Book 4, Page 105, of the Public Records of Collier County, Florida. (GOLDEN GATE BLVD.) EXISTING 31 FOOT ROAD RIGHT -OF -WAY, SIDEWALK, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT WFSTPROPERTYIINF SOUTH PROP Collar County Real Property Management Department (EXISTING 50 FT. RAN EASEMENT) — ..— ..�.. —•. -- -•--- -- — 1 I I I EXISTING R/W LINES I I I I I I I I I I I I I I I I I I i i N I I FAST PROPFRTV I $!If I I 150 FEET 30 FT 30 FT' rY LINE Prepared by ... 6. /. /,�f George R. 'chmond P.L S. q 406 Public Works Engineering Dept / ,t SCALE.• finch = 100 feel 3301 Tamiami Trail East Naples, FL 34112 oaroeyeyq PytA PROJECT NO. 63041 PROJECT PARCEL NO. 339 Fo(,10 3-711`OZ0007 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 105 feet of Tract 74, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. i% 75 FT 130 FT 30 FT I I 1 I I I I I I 1 I I I I I I / WEST PROPERTY LINE I EAST PROPERTY LINE I I I I I I N EXISTING R/W LINES 60 R --► I I 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT I I ..... ....... . — — — — — — _.._.1 L (— .._ -- — — — — — GOLDEN GATE BLVD.) (EXISTING 50 FT. RAN EASEMENT) SOUTH PROPERTY LINE Pre -pared b . George R 'c mond P.L.S. #24 �� Public Works Engineering D SCALE: 1 Inch = 100 feet 3301 Tamiami Trail East Naples, FL 34112 Co®er County Real Property Management Department _. OE125igE 1.12 PM OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECF'NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO, 340 Fowo 1-7I610 S t-t 0009 NORTH PROPERTY LINE - EXISTING RIGHT OF WAY LINE 25 FOOT ROAD RIGH1 OF WAY DRAINAGE, SIDEWALK, UTILITY, ti MAINTENANCE EAS EMENT WEST 180 FEET LESS THE WEST 30 FEET TRACT 88 0(,, 66 zao Prepared by; George R 'chmond P.L.S. #24 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 SHEET 1 OF 1 i i d PROJECT NO. 63041 PROJECT PARCEL NO. 341 Fnl. to �t- 3-111689 0006 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 105 feet of Tract 107, LESS the West 30 feet thereof, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. 130 FT 30 FT I 75 FT I I I I I I I I I I I I I I I I / WEST PROPERTY LINE t I EAST PROPERTY LINE / I I 1 I I I N EXISTING RAN LINES 1 14— 60 tL I I 15 FOOT DRAINA#g, UTILITY AND MAINTENANCE EASEMENT I I — ••— ••— •-- .. —•. —.1 ...... L............. . — ••— .•— ..— ..— ••— .• —_.• (GOLDEN GATE BLVD.) (EXISTING 50 FT. R/W EASEMENT) SOUTH PROPERTY LINE Prepared b :. f George R. Fdchmond P.L.S. #2406 Public WorlmEpgineering Dept.��j/ SCALE: 1 Inch = 100 feet 3301 T✓•miami Trail East Naples�PFL 3AL12 . CoNet County Red Prop" Management Depanmenl / 51981:13 PM PROJECT NO, 63041 PROJECT PARCEL NO. 342 FOL10 # 371 I b ��OGb� LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 75 feet of the West 180 feet of Tract 107, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. 75 FEET LINE ` EAST PROPERTY LINE I RIN 15 FOOT DRAINAIftE , UTILITY AND V MAINTENANCE EASEMENT EXISTING RM LINE (GOLDEN GATE BLVD.) (EXISTING 50 FT. RAN EASEMENT) f SOUTH PROPERTY LNE Prepared by Gcorge ch..m..o.n..d ..x. . ....�..� .."� ... Q P.L.S. #2406 Public Works Engineering De�� n SCALE: 1 Inch = 100 feel 3301 Taraiami Trail East Naples, I$ 34112 Collty County Reel Property Monapemanl Departrnenl ON77 1.� The North 15 feet of the South 65 feet of the East 150 feet of Tract 107, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. 150 FEET I EAST PROPERTY LINE N 15 1`O01�)RAINAGE AND N UTLITY ElkSEMENT EXISTING RM LINE (GOLDEN GATE BLVD.) I (EXISTING 50 FT. RM EASEMENT) SOUTH PROPERTY LINE Prepared Gcorgc R 'chmond P.L.S. #!2406 Publia,' Woft Engineering Dept. \ SCALE: 1 Inch = 10D feet 3301 I- amiami Trait East Naples, FL 3A112 Collier County Real Property Management Department W25me 1:10 PM OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 344 r c.ra 3111680MO7 (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE EXIST. 50' R1W E ASEMENT EXISTING RIGHT OF WAY LINE �— _� _ - - - - - -- 25 FOOT DRAINAGE, SIDEWALK, UTILITY, 3 MAINTENANCE EASEMENT 1 I I EAST 150 FEET TRACT 88 I j so 100 200 i TRACT 88 i WEST PROPERTY LINE I 1 I i. 30' 1 150' ISO, 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 150 FEET OF TRACT 88, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. E DATE F0.E NO. 1' � 100' JULY 22, 1998 GGS344 EAST PROPERTY LINE 1� Prepared8 ` %`.••.� George R im nd P. L.S.#2406 Public Works Engineering Dept. 3301 l. 3 l Trail East Napless, , Fl. 34]12 /j/ ?t i (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE EXIST. 50' R1W E ASEMENT EXISTING RIGHT OF WAY LINE �— _� _ - - - - - -- 25 FOOT DRAINAGE, SIDEWALK, UTILITY, 3 MAINTENANCE EASEMENT 1 I I EAST 150 FEET TRACT 88 I j so 100 200 i TRACT 88 i WEST PROPERTY LINE I 1 I i. 30' 1 150' ISO, 330' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 150 FEET OF TRACT 88, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. E DATE F0.E NO. 1' � 100' JULY 22, 1998 GGS344 EAST PROPERTY LINE 1� Prepared8 ` %`.••.� George R im nd P. L.S.#2406 Public Works Engineering Dept. 3301 l. 3 l Trail East Napless, , Fl. 34]12 /j/ PROJECT NO. 63041 PROJECT PARCEL NO. 345 FoWow3 -7)16460007 LEGAL DESCRIPTION & SKETCH (NOT A SURVEI ) J The North 15 feet of the South 65 feet of the West 180 feet of Tract 108, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. Cotner County Real Property Management Department SCALE: 1 Inch = 100 feet /F Public Works Engineering Dept_ \ 3301 Tamiami Trail East Naples, FL 34112 , 0710119111:18 PM The North 15 feet of the South 65 feet of the East 150 feet of Tract 108, Golden Gate Estates Unit No. 11, as recorded in Plat Qook 4, Page 103 of the Public Records of Collier County, Florida. �i NORTN PROPERTY LINE 150 FEET ELI. rl / WEST PROPERTY LINE EAST PROPERTY LINE N 15 FOOT D�INAGE, UTILITY AND MAIN NANCE EASEMENT EXISTING RAN LINE (GOLDEN GATE BLVD.) (EXISTING 50 FT. RM EASEMENT) SOUTH PROPERTY LINE Preparedb ... �••••• .. George . Richmond P.L.S. il2406 Public WorksEngin;ringpept._� SCALE: 1 Inch = 100 feet 3301 TajTniarni Trail East Naples, fL. 34lj12- ' r Colller County Real Property Management Department 07 198 :ZO PM 1) Project: Golden Gate Boulevard Parcel: 347T Folio: 37116961006 .'I J EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) , ' The East 30 feet of the West 89 feet of the North 15 feet of the South 80 feet of the East 150 feet of Tract 108, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. Prepared by *. ...... George Rd6chmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 I�3 PROJECT NO. 63041 PROJECT PARCEL NO. 349 Fdl -1o# 3i 11 "7 000005 LEGAL DESCRIPTION & SKETCH (NOT A SURVEI? The North 15 feet of the South 65 feet of the West 105 feet of Tract 109, Golden Gate Estates Unit No. 11, as recorded in Plat Qook 4, Page 103 of the Public Records of Collier County, Florida. 105 FEET LINE N ., 15 FOOT DRAINA§E , UTILITY AND N MAINTENANCE EMENT EXISTING RM LINE — ..— ......._ —•. —.. —. — .-- ••— ••— •• —••— — — (GOLDEN GATE BLVD.) (EXISTING 50 FT. RM EASEMENT) SOUTH PROPERTY LINE Prparede George R mond / P.L.S. #2406 Public Works Engineering Depj. SCALE: 1 Inch = 100 feel 3301 Tamiami Trail Est a . Naples, FL 34112 Collier County Real Property Management Department 07101M 4:21 PM ��Y' I - _..... i�.�1 .111'.1. ... _ _. ... _ ��_JJL. J�.�.�'�_ _ •.._ �.� __ Project: Golden Gate Boulevard Parcel: 349T Folio: 37117000005 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) �j The East 30 feet of the West 50 feet of the North 20 feet of the South 85 feet of the West 105 feet of Tract 109, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. Prepared b ..f%i! = /I/ .... %/ George R "hmond P.L.S. #2406 Public Works Engineerinst px &, g Dcpty may,,; 3301 Tamiami Trail Ea Naples, FL 34112 p L O� PROJECTS OFFICE OF CAPITAL -- 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION '.. (NOT A SURVEY) PROJECT NO. 63041 PROJECTPARCEL NO. 950 �0�o.3-II�r9�.0o00� L GOLDEN GATE BOULEVARD -- NORI H PROPERTY LINE 1 DO' R.O.W. EXIST. 504R W ASEMENT--� - EXISTING RIGHT OF WAY LINE L25 FOOT DRAINAGE SIDEWALK, UTILITY, 6 MAINTENANCE EASEMENT WEST 180 FEET i" TRACT 122 TRACT 122 I � WEST PROPERTY LINE - EAST PROPERTY LINE 1 BO' 150' SOUTH PROPERTY LINE DESCRIPTION THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180 FEET OF TRACT 122, GOLDEN GATE ESTATES UNIT NO, 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. �1 Prepared bj- ���v[�..1�/�,/ii George R chmond P.L.S. 112406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 DRAWN BY CHECIIEO BY SCKE OAIE FILE NO 1" • 100' JULY 22, 1990 Gc0350 SHEET F 1 i RESOLUTION NO. 99- A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT, AS TO PARCELS 351 -352, 354- 363T2, AND 367 -372T, FOR THE CONSTRUCTION OF THE FOUR- LANING ROADWAY IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD PROJECT, CIE NO. 62. 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 Golden Gate Boulevard Road between C. R. 951 and Wilson Boulevard 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 April 28, 1998, adopted Resolution No. 98 -107 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 Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three (3) Resolutions for Parcels I01A -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 122A -123, 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149 -153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 (Resolution No. 99 -221), authorizing the County staff to acquire by gift, purchase or condemnation certain easements and /or fee simple title to the property and property interests required and necessary for the Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and WHEREAS, the parcels described in this Resolution include Parcels 351 -352, 354 - 363T2, and 367-372T; 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; and Page 1 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 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 four - laning roadway improvements for the Golden Gate Boulevard between C. R. 951 and Wilson Boulevard, (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. AND IT IS FURTHER RESOLVED that construction of the Project is part of the Qounty'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: the ` P e rP etual, non - exclusive road fight-of-way, sidewalk, utility, drainage, maintenance and temporary rY driveway restoration 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 staff is 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 from the property to be acquired. f(40 Page 2 _ i This Resolution adopted on this day of 19. after motion, second and majority vote. ' BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By: .. PAMELA S. MAC'KIE, CHAIRWOMAN 1 RESOLUTION NO. 997 _ 2 3 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY 4 GIFT, PURCHASE OR CONDEMNATION OF PERPETUAL, /NON- <., 5 EXCLUSIVE, ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, 6 DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY 7 RESTORATION INTERESTS BY EASEMENT AS TO PARCELS 351 -352, _.,., ; 8 354- 363T2, AND 367 -372T, FOR THE CONSTRUCTION OF THE FOUR- 9 LANING ROADWAY IMPROVEMENTS FOR GOLDEN GATE 10 BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD 11 PROTECT, CIE NO. 62. adopted 12 WHEREAS, the Board of County Commissioners, on October 28, 1997, 13 Ordinance No. 97 -55 therein establishing the 1997 (Seventh Annual) Capital Improvement 14 Element of the Growth Management Plan in order to establish priorities for the design, - 15 acquisition and construction of the various capital improvement projects. The Transportation 16 Element of the County's Comprehensive Plan was adopted in Ordinance No. 97 -62; and 17 WHEREAS, the four - laning improvements to Golden Gate Boulevard Road between 18 C. R. 951 and Wilson Boulevard is one of the capital improvement projects required under the 19 Transportation Element of the County's Comprehensive Plan; and 20 WHEREAS, the Board of County Commissioners, on April 28, 1998, adopted 21 Resolution No. 98 -107 authorizing the County Staff to acquire by gift or purchase certain 22 easements and /or fee simple title to the property and property interests required and necessary 23 for the Golden Gate Boulevard four - laning roadway improvements of Golden Gate Boulevard 24 between C. R. 951 and Wilson Boulevard; and 25 WHEREAS, the Board of County Commissioners, on April 27, 1999, adopted three 26 (3) Resolutions for Parcels I01A -112T, 114A -115T, 117 -121T (Resolution No. 99 -222), 27 122A -123, 124T -125T, 130A -133, 137 -140, 142A -148T (Resolution No. 99 -220), and 149 - 28 153T, 155 -155T, 157 -157T, 158T, 159 -162T, 164, 166, 168 -169, & 188, 216 and 320 29 (Resolution No. 99 -221), authorizing the County Staff to acquire by gift, purchase or 30 condemnation certain easements and /or fee simple title to the property and property interests 31 required and necessary for the Golden Gate Boulevard four - laning roadway improvements of jj��//ff 32 Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and �l/ :• ,. Page 1 / �� L. i I WHEREAS, the parcels described in this Resolution include Parcels 351 -352, 354 - 2 363T2, and 367 -372T; and 3 WHEREAS, the location for construction of the proposed improvements has been 4 fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" 5 attached hereto and incorporated herein. 6 WHEREAS, after consideration of the availability of alternate routes and locations, the 7 comparative costs of project alternatives, various impacts upon the environment, long range 8 planning options, and public safety considerations, the Board desires to exercise its right to 9 condemn property for public purposes. 10 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 11 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the 12 Board that the construction of the four - laning roadway improvements for the Golden Gate 13 Boulevard between C. R. 951 and Wilson Boulevard, (hereinafter referred to as "the Project ") 14 is necessary and in the public's best interest in order to protect the health, safety and welfare of 15 the citizens of Collier County. 16 AND IT IS FURTHER RESOLVED that construction of the Project is part of the 17 County's long range planning effort, and is included in the Transportation Element of the 18 County's Comprehensive Plan for Growth Management, as approved by the Florida 19 Department of Community Affairs. ' 20 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative 21 locations for the project, various impacts to the environmental, public safety and welfare 22 considerations associated with the design and construction of the project, and the costs 23 associated with the design, property rights acquisition, and construction of the project; and the 24 Board finds that after consideration of these issues, the most feasible location for construction ? 25 of the proposed improvements is collectively represented by the legal descriptions comprising 26 Exhibit "A" attached hereto and incorporated herein. 27 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, 28 it is necessary for the Board to acquire the various real property interests described Exhibit "A" 29 to wit: the perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, maintenance 30 and temporary driveway restoration interests by easement. fC6 V� x S � i! ! Page 2 1;. st I AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 2 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to 3 immediately acquire by gift, purchase or condemnation in accordance with the provisions of 4 Chapters 73, 74 and 127, Florida Statutes, the above - referenced real property interests more 5 particularly described in Exhibit "A ", attached hereto and incorporated herein. 6 AND IT IS FURTHER RESOLVED that no mobile homes are located on the property 7 sought to be acquired and therefore it will not be necessary to remove any mobile homes from 8 the property to be acquired. 9 This Resolution adopted on this 10 motion, second and majority vote. 11 12 13 ATTEST: 14 DWIGHT E. BROCK, CLERK 15 16 17 Clerk 18 19 Approved as to form and 20 legal sufficiency: 21 22 I 23 24 Heidi F. Ashton 25 Assistant County Attorney day of 19_, after BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Page 3 �� a t PROJECT NO. . 63041 PROJECT PARCEL NO. 351 tO0^ 001;t 3.7 0-700 000q LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 75 of the West 180 feet of Tract 109, Golden Gate Estates Unit No. 11, as recorded In Plat Book 4, Page 103 of the Public Records of Collier County, Florida. WEST PROPERTY LINE t 75 FEET I � \I 15 FOOT DRAINAGE, UTILITY AND V MAINTENANCE (BASEMENT EXISTING RAW LINE 1 (GOLDEN GATE BLVD.) (E)OSTING 50 FT. R/W EASEMENT SOUTH PROPERTY LINE Prepared by�� /� George R. Richmond P.L.S. #2406 Public Works Engineering Dt.� SCALE: 1 Inch • 100 feet 3301 Trmiami Trail East Naples.-:FL 34 112 n ColOer County Real Property Management Department 67)01195 4:22 PM ............... ,I. OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -6192 SKETCH OF DESCRIPTION PROJECT NO. (NOT A SURVEY) PROJECT PARCEL NO. 352 63041 Fvw O-i 3 I�xq OGdl7 . GOLDEN GATE BOULEVARD NORTH PROPERTY LINE 1 W R.O.W. EXIST. W RkW I ASEMENT EXISTING RIGHT OF WAY LINE h FOOT DRAINAGE, ,d SIDEWALK UTILITY, 3 MAINTENANCE EASEMENT EAST 150 FEET TRACT 172 TRACT 122 t; WEST PROPERTY LINE lea 1 157 SOUTH PROPERTY LINE DESCRIPTION THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 150 j� FEET OF TRACT 122, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN By d1ECNED BY WALE - DATE FILE NO. j 1" ■ tw JULY22,1698 GGB352 i "t'— EAST PROPERTY LINE III Prepared b/ George R Richmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 SHEEIA .OF 1 . 4 /1 r OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 354 Follu$ j7 T44�6G GOLDEN GATE BOULEVARD NORTH PROPERTY LINE 100' R.O.W. 25FOOTROA D / DRAINAGE, SI 3 MAINTENAN WE DESCRIPTION Lso ni PROPERTY LINE THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF TRACT 123, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. { ' DRAWN BY r BY 1" - 100' I JULY 22, 1998 I GGB354 'HT OF WAY LINE Prepared George R- chmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 EXIST. 50 1W EASEME JT EXISTING RI I RIGHT OF WAY I DEWALK UTILITY CE EASEMENT w Fi I l IQ U If- 13 TRACT 123 i I� T PROPERTY LINE EAST IROPERTY LINE I I I 75' 75' 76 I 76 I39 Lso ni PROPERTY LINE THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF TRACT 123, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. { ' DRAWN BY r BY 1" - 100' I JULY 22, 1998 I GGB354 'HT OF WAY LINE Prepared George R- chmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 PROJECT NO. 63041 PROJECT PARCEL NO. 355 37/011o�ou LEGAL DESCRIPTION & SKETCH . (NOTA SURVEY) / The North 15 feet of the South 65 feet of the West 150 feet of Tract 11D. Golden Gate Estates Unit No. 11.ao recorded in Plat Book 4. Page 183 nf the Public Records oy Collier County, Florida. 150 FEET WEST PROPERTY LINE EAST PROPERTY LINE -// YJ 15 ,00r DRAINAGE, vnur' AND MAINTENANCE EASEMENT EXISTING R1W LINE (GOLDEN GATE BLVD.) (EXISTING 50 FT. RfW EASEMENT) George R-,Pjchmond P.L.S. #2406 Public Works ' Engineering Dept. SCALE: I Inch 100 feet .3301 TaitWaml Trail East Naples, FIL 34112 Imperty Management Department IM14:27PM 25 FOOT ROM DRAINAGE, St & MAINTENAN OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 356 GOLDEN GATE BOULEVARD NORTH PROPERTY LINE 1WROW F L SOUTH PROPERTY LINE DESCRIPTION THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 75 FEET OF THE WEST 160 FEET, OF TRACT 123, GOLDEN GATE ESTATES UNIT NO, 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. By CHECKED BY SCALE DATE I 1 11"- 100' 1 JULY2:2.1998 I "LEGG G9356 3HT OF WAY LINE Prepared by. George XleccL�dP.LS. #2406 public Works Engineering Dept. 3301 Tamiang Trail East Naple's,FL' 34112 SHEETq EXIST. 50' M EASEME IT— EXISTING R RIGHT OF WAY )EWALK, UTILITY, ,E EASEMENT w ILL in 3: t2 TRACT 123 WEST PROPERT LINE WTP OPFRTYLLNE 1 75' 1 75 1 75' 1 75' 30-1 L SOUTH PROPERTY LINE DESCRIPTION THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 75 FEET OF THE WEST 160 FEET, OF TRACT 123, GOLDEN GATE ESTATES UNIT NO, 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. By CHECKED BY SCALE DATE I 1 11"- 100' 1 JULY2:2.1998 I "LEGG G9356 3HT OF WAY LINE Prepared by. George XleccL�dP.LS. #2406 public Works Engineering Dept. 3301 Tamiang Trail East Naple's,FL' 34112 SHEETq Project: Golden Gate Boulevard Parcel: 356T Folio: 37169320005 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 50 feet of the East 55 feet of the South 35 feet of the North 110 feet of the East 75 feet of the West 150 feet of Tract 123, Golden Gate Estates Unit No. 12, as recorded in Plat Book 4, Page 105, of the Public Records of Collier County, Florida. Prepared by Goorge R chmorrd P.L.S. il2406 Public Works Engineering Dept. �� 3301 Tamiami Trail East Naples, FL 34112 i '1 i I. I r i i PROJECT NO. 63041 PROJECT PARCEL NO. 357 371/7ra0 66 -P - P,Ii0� LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) 11; The North 15 feet of the South 65 feet of the East 180 feet of Tract 110, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 11, as recorded In Plat Book 4, Page 103 of the Public Records of Collier County, Florida. 150 FT (30 FT 10FTI 1 I 1 1 I I I I f I I I I 1 I 1 I I I I •14EST PROPERTY LINE 1 t` t EAST PROPERTY LINE i I i I I N EXISTING RAN LINES 60 n. —il I 15 FOOT DRAINAGE, UTILITY I AND MAINTENANCE EASEMENT — ••— ..— ..— ..— ••- --- •-- •• --• —•1 L.-- — — — — — — (GOLDEN GATE BLVD.) (EXISTING 50 Fr. RAN EASEMENT) SOUTH PROPERTY LINE Prepared b ' ... • ... ' George ichmond P.L.S. A2406 Public amian Engineering Dept,1,, S� 1 SCALE: 1 Inch = 100 feel 3301 Tamiatni Trail East Naples, FL 34112 Collier County Real Property Management Department 060 aryp16 PM L I/ C�O 0 'i ' 1 ' 1 4. Project: Golden Gate Boulevard Parcel: 358T Folio: 37169280006 s EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 50 feet of the South 30 feet of the North 105 feet of the West 75 feet !' of the East 180 feet of Tract 123, Golden Gate Estates Unit No. 12, as recorded in Plat Book 4, Page 105, of the Public Records of Collier County, Florida. prepared b ii ch ;;6 • • /� Pa i 'f George R mond P.L.S. #2406 SQ� Public Wodcs Engineering Dept. U f 3301 Tamiimi Trail Eact Naples, FL 34112 i a r OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 ,F (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT fARCELNO. 359 �01 0 3 7 GOLDEN GATE BOULEVARD NORTH PROPERTY LNE 100' R.O.W. EXIST. 50' 1W EASEME 17 EXISTING RIGHT OF WAY LINE _ 25 FOOT ROAD RIGHT OF WAY DRAINAGE, SIDtWALK, UTILITY, 6 MAINTENANCE EASEMENT I i • I w IILL Lu U. TRACT 123 J ♦- I f- N i r i ,. WEST PROP TY LINE I EAST PROPERTY ME 75' 75' 75' 75' 1 30' ;'. SOUTH PROPERTY LINE DESCRIPTION THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 105 FEET OF TRACT 123, LESS THE EAST 30 FEET THEREOF, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Prepared b �chn George chmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 DRAWN BY CHECKED BY SCALE DAIE FIE NO. 1' • 100' JULY 22, 1998 GOB359 StiEET.1 OF 1 WEST PROPERTY OFFICE OF CAPITAL PROJECTS I 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 I SKETCH OF DESCRIPTION PROJErfNO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 360A m GOLDEN GATE BOULEVARD NORTH PROPERTY LINE 100' R.O.W, EXIST, 50' R%W f ASEMENT EXISTING RIGHT OF WAY LINE --------------------------- 125 F007 DRAINAGE SIDEWALK, UTILITY It: MAINTENANCE EASEMENT II 1 1 1 I WEST 180 FEET LESS THE WEST 30 FEET ` TRACT 124 � 1 TRACT 124 W: �I �l 1 30' I EAST PROPERTY LINE 150' 150' SOUTH PROPERTY LINE DESCRIPTION THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180 FEET OF TRACT 124, LESS THE WEST 30 FEET THEREOF, GOLDEN GATE ESTATES UNIT NO. '12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Prepared George R 'chmond P.L.S. #12406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 8 6Y-2 DRAWN BY CHECKED BY SCALE DATE FILE NO. 1" • 100' JULY 22, 1998 GG8360A SH �� Df i1 r! ,r . „ { OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 3608 Vol,sit- ,37/d.9 sW000s' •ta DESCRIPTION THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 150 FEET OF TRACT 124, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA DRAWN BY BY I SCALE 1..1� I D JULY 22,1998 I FILE NO. Prepared George R 'chmond P.L.S. #2406 Public Works Engineering Dept. 3301 L 3 i Trail East Napks, FF7. 34112 �j � ✓11/1 SHLET 1 OF 1 GOLDEN GATE BOULEVARD 100' R.O.W. F NORTH PROPERTY LINE f--• EXISTING RIGHT OF WAY LINE -- - -- -- -- EXIST.50'MW E ASEMENT - — -- -- - -- -- - - -- -- - - - - -- - -- - - - - -- -- - - - - -- 25 FOOT DRAINAGE, - - - - - -- —SIDEWALK, UTILITY, MAINTENANCE I EASEMENT I EAST 150 FEET V iTRACT 124 � I WTRACT 124 N I WEST PROPERTY LWE EAST PROPERTY LINE I 30' ' 150' 150' SOUTH PROPERTY LINE DESCRIPTION THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 150 FEET OF TRACT 124, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA DRAWN BY BY I SCALE 1..1� I D JULY 22,1998 I FILE NO. Prepared George R 'chmond P.L.S. #2406 Public Works Engineering Dept. 3301 L 3 i Trail East Napks, FF7. 34112 �j � ✓11/1 SHLET 1 OF 1 Ire ;i PROJECT NO. 63041 PROJECT PARCEL NO. 361 37 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) 1� The North 15 feet of the South 65 feet of Tract 143, LESS the West 30 feet thereof, together with the North 15 feet of the South 65 feet of Tract -144, LESS the East 50 feet thereof, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. NORTH PROPERTY I 30 FT: 600 FEET 50 FT 1 i 1 I I I I i I I ) WEST PROPERTY LINE EAST PROPERTY LINE I 1 I 1 1 I I I i i 1 i /•� i ' N i i i i i i i i I 1 15 FOOT SIDEWALK, DRAINAGE, UTILITY 1 AND MAINTENANCE EASEMENT I I I 1 I } ................................................................... ............................... EXISTING 50• RM' EASEMENT) I (GOLDEN GATE BLVD.) SOUTH PROPERTY LINE T Prepared b ! ..... ..... �r, George R 'chmond P.L.S. 112406 Nblic.Works Engineering 1 SCALE: 1 Inch = 100 feet 3101 tamiand Trail East lhples, FL, 34112 Collier County Real Property Management Department Q Q, 1sa cue PM OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJEQ:rNO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 362 Fol,ozr- 371617i'— F'---)oao9 ff GOLDEN GATE BOULEVARD 100' R.O.W. - EXIST. 50' R= EASEMENT 25 FOOT ROAD RIGHT OF WAY, DRAINAGE,SIDEWALK, UTILITY, i Q MAINTENANCE EASEMENT TRACT 125 0 I� J O m I � WEST PROPERTY SOUTH PROPERTY LINE DESCRIPTION THE SOUTH 25 FEET OF THE NORTH 75 FEET OF TRACT 125, LESS THE EAST 50 FEET THEREOF,GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY ICHECKEDBY SCALE DATE FaE NO. 1" • 100' JULY 22,1996 GNGS362 NORTH PROPERTY LINE EXISTING RIGHT OF WAY LINE l EAST PROPERTY LINE Prepa red r•Y„ i George chmond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FL 34112 SHftET 1 OF 1 r. OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34,112 (941) 774 -8192 ' PROJECT NO. 43d I/ • PROJECT PARCEL NO. 361 3 Foljou ` NO. 37-�-'009 Db o,2.. SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) COMMENCING AT THE CENTERLINE INTERSECTION OF GOLDEN GATE BOULEVARD AND WILSON BOULEVARD AS SHOWN ON THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT 14 AS RECORDED IN PLAT BOOK 7, PAGE 74 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT ALSO BEING THE SOUTHWEST CORNER OF TRACT I OF THE AFORESAID PLAT; THENCE SOUTH 89 DEGREES 40 MINUTES 50 SECONDS EAST ALONG THE CENTERLINE OF SAID GOLDEN GATE BOULEVARD A DISTANCE OF 350.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT 1; THENCE NORTH 0 DEGREES 19 MINUTES 10 SECONDS EAST, A DISTANCE OF 50.00 FEET TO THE NORTH RIGHT OF WAY LINE OF GOLDEN GATE BOULEVARD AND THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 40 MINUTES 50 SECONDS WEST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 300.00 FEET TO THE EAST RIGHT OF WAY LINE OF WILSON BOULEVARD; THENCE NORTH 0 DEGREES 19 MINUTES 10 SECONDS EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 30.00 FEET; THENCE SOUTH 44 DEGREES 40 MINUTES 50 SECONDS EAST, A DISTANCE OF 21.21 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 50 SECONDS EAST, A DISTANCE OF 285.00 FEET TO THE EAST LINE OF AFORESAID TRACT 1; THENCE SOUTH 0 DEGREES 19 MINUTES 10 SECONDS WEST ALONG THE EAST LINE OF TRACT I A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINMG 0.106 ACRE (4,613 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE NORTH RIGHT OF WAY LINE OF GOLDEN GATE BOULEVARD BEING SOUTH 89 DEGREES 40 MINUTES 50 SECONDS EAST. PARCEL 363 V� Preparedi'� George nd P.L.S. 112406 Public Works Engineering De�j 3301 Tamiami Trail East Naples, FL 34112 DRAWN BY: CHECKED BY; SCAfE: DATE: FILE No.: SHEET ;F 3�3 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION 5.89'40'50 "E. 300.00 �- —' , I GOLDEN GATE ESTATES TRACT 1 UNIT 14 1 Uj O 00 o O I M o o c° Q, o z ::Dt a w J O , m Z O Cn , J :.:................S...44.'40 ,' 5.. 0." . . . E.... 21.21' ..,2. .8..:.5......0...0...' .. .............. P.D.E. S..8.9..'1, 40'.5.0 ."..E. ............: N.89'40' 50 "W. 300.00' 1 N.00'19' 10 "E. P.O.C. TRACT 363 I 50.00' 350.0_ - S.89'40 GENERAL NOTES GOLDEN GATE BOULEVARD (100' R /W) 1) P. ❑,C, Indicates Point of Commencement 2) P.M. Indicates Point of Beginning 3) Sec. Indicates Section 4) Twp. Indicates Township 5) Rge, Indicates Range 6) R/W Indicates Right -of -way 7) All distances are In feet and decimals thereof 8) Basis of bearings Is the Center line of Golden Gate Boulevard being S.89'40'50'E. 9) Not valid unless signed and sealed with the embossed 0 seat of the professional land surveyor THIS IS ONLY A SKETCH �?oz3 DRAWN 6Y: ,14ECKED BY: SCALE: DATE: HLE NO.: NOT T❑ 04 -11 -97 GCB -363 SHEET 2 OF 2 SCALE i Project: Golden Gate Boulevard Parcel: 363T1 Folio: 37280040002 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 85 feet of the West 210 feet of the North 10 feet of the South 75 feet of Tract 1, Golden Gate Estates Unit No. 14, as recorded in Plat Book 7, Page 74, of the Public Records of Collier County, Florida. ;i Prepared by: ...� 1.. ...... Gl George R 'chmond P.L.S. 112406 Public Woks Engineering Dept. �I 1 3301 Tander i Trail Eau Naples, FL 34112 i l - i Project: Golden Gate Boulevard Parcel: 363T2 Folio: 37280040002 /X/ EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 75 feet of the East 117 feet of the North 10 feet of the South 75 feet of Tract 1, Golden Gate Estates Unit No. 14, as recorded in Plat Book 7, Page 74, of the Public Records of Collier County, Florida. Prepared George R chmond P.L.S. 112406 Public Works Engineering Dept, 3301 Tamiami Trail East Naples, FL 34112 a j-� PROJECT NO. 63041 PROJECT PARCEL NO. 367 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) i The North 15 feet of the South 65 feet of the West 225 feet of Tract 2, Golden Gate Estates Unit No. 14, as recorded in Plat Book 7, Page 74 of the Public Records of Collier County, Florida. 225 FEET PT PROPERTY LINE I I4 EAST PROPERTY LINE N 15 FOOT DRAINAGE. UTILITY A AND MAINTENANCE EASEMENT EXISTING RN LINE (GOLDEN GATE BLVD 1 (EXISTING 50 FT. R1W EASEMENT) SOUTH PROPERTY LINE Prepared b .... ......... ...... ... George R 'chmond P.L.S. #2406 Public Works Engineering Dept. SCALE: 1 Inch = 100 feet 3301 Tandami Trail East 0(8 � Naples, FL 34112 Cdtler County Real Property Manepemenl Deparlmenl �pTt02�5 I II A 2 AM t "I AL Project: Golden Gate Boulevard Parcel; 367T Folio: 37280080004 37280160005 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 68 feet of the North 5 feet of the South 70 feet of the West 225 feet of Tract 2, Golden Gate Estates Unit No. 14, as recorded in Plat Book 7, Page 74, of the Public Records of Collier County, Florida. jr Prepared b George TL ond P.L.S. #2406 Public Works Engineering Dept. 3301 Tamiarai Trail East Naples, FL 34112 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 I SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT PARCEL NO. 36841 Tot, o tt ; GOLDEN GATE BOULEVARD 100' R.O.W. NORTH PROPERTY LINE EXIST. 50'RII I EASEMENT EXISTING RIGHT OF AY LINE I — — — — — — — — — — 25 FOOT DRAINAGE, SIDEWALK, UTILITY, I j 8 MAINTENANCE EASEMENT EAST ONE HALF ` WEST 180 FEET TRACT 18 TRACT 19 I TRAC i 18 I TRACT 19 i i WEST PROPERTY LINE 1851 1 1651 SOUTH PROPERTY LINE DESCRIPTION THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST ONE HALF OF TRACT 18, TOGETHER WITH THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180 FEET OF TRACT 19 ALL IN GOLDEN GATE ESTATES UNIT NO. 13, AS RECORDED IN PLAT BOOK 7,PAGE 72, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA_. DRAWN BY CHECKED BY SCALE DATE PLE NO. 1' 100 JULY 22,1998 GG8368 EAST PROPERTY LINE iMy Prepared by .... � ......�.:' ....r�' George R 'chnlond P.L.S.240ti Public Works Engineering Dept. 3301 Tamiami Trail East Naples, FI. 34112 S4ET 1 OFa PROJECT NO. 63041 PROJECT PARCEL NO. 369 ,37'1 fp /x000.3 — �:otla t LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) t= The North 15 feet of the South 65 feet of the East 105 feet of Tract 2, Golden Gate Estates Unit No. 14, as recorded in Plat Book 7, Page 74 of the Public Records of Collier County, Florida. 105 FEET WEST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING RAN LINE — ..— .. —.. —.. -- -.. —.. .. —. .— ..— ..— ..— .._..— ........... (GOLDEN GATE BLVD.) fi (E)OSTING 50 FT. RAN EASEMENT} SWTH PROPERTY LINE Prepared '�W r e lcmond P.L.S. #2406 Geo g Public Works Engineering Dept. SCALE: 1 Inch = 100 feet 3301 Ta.niami Trail East Naples, FL 34112 CoMer County Reel Properly Management Department 071021BB 11:13 AM �T I. , Project: Golden Gate Boulevard Parcel: 369T Folio: 37280120003 EXHIBIT "A" , TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 62 feet of the North 15 feet of the South 80 feet of the East 105 feet of Tract 2, Golden Gate Estates Unit No. 14, as recorded in Plat Book 7, Page 74, of the Public Records of Collier County, Florida. Prepared bi� �:•••`�, /i%�' George chmond P.L.S. 112406 Public Works Engineering Dept. 6 /V n� 3301 Tamiami Tmil East Q�1 I/ Naples, FL 34111 PROJECT NO. 63041 PROJECT PARCEL NO. 370 1=01io ti Yap a 000f, LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) ' i NORTH PROPERTY LINE 165 FEET WEST PROPERTY LINE EAST PROPERTY LINE - N 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING RAN LINE .......... ............. • (GOLDEN GATE BLVD.) I (EXISTING 50 FT. RNJ EA fMENT) SOUTH PROPERTY LINE Prepared George R Ric lid .L. S.11246¢f Public Works Engineering Dept. o J SCALE, fkxh= Mteel 3301TamiamiTrailEast Naples, FL 34111 Collier County Reel PropertyMenagernentDepartment 051L6999,17 AM I Project: Golden Gate Boulevard Parcel: 370T Folio: 37282620006 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 38 feet of the North 10 feet of the South 75 feet of the West One Half (1/2) of Tract 35, Golden Gate Estates Unit No. 14, as recorded in Plat Book 7, Page 74, of the Public Records of Collier County, Florida. S(an Prepared George R chmond P.L.S. #2406 Public Works Engineering DepL 3301 Tamiami Trail East Naples, FL 34112 LEGAL DESCRIPTION & SKETCH (NOT A SURVEIL The North 15 feet of the South 65 feet of the East One Half (112) of Tract 35, Golden Gate Estates Unit No. 14, as recorded in Plat Book 7, Page 74 of the Public Records of Collier County, Florida. 165 FEET / WEST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY V AND MAINTENANCE EASEMENT EXISTING R1W LINE ........................... .._ I _.._.._ I _. _..__.�.._.._.._.._.. (GOLDEN GATE BLVD.) I (EXISTING 50 FT. R!W EASEMENT) SOUTH PROPERTY LINE Prepared by,.',—;;. .. George R hmond P.L.S. 112406 Public Works Engineering Dept. 0CM 17 SCALE, finch = 100 /eef 3301 Tamialpi Trail East Naples, FL 34112 CoGkr County Real Property Management Department � IM99:16AM The West 30 feet of the North 15 feet of the South 80 feet of the East One Half (112) of Tract 35, Golden Gate Estates Unit No. 14, as recorded in Plat Book 7, Page 74, of the Public Records of Collier County, Florida. 'i. Prepared by: , :� ............ �/ ' - Georgo cLraond�P.L.S. i/2406 ��� ;Public Works Engineering Dept. d ; ,3301 Tamianl Trail East Naples, FL 34112 ,, Cx 9 PROJECT NO. 63041 PROJECT PA/RC/EL NO. 372 CDOa-- r- o(,.0, LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 150 feet of Tract 36, Golden Gate Estates Unit No. 14, as recorded in Plat Book 7, Page 74 of the Public Records of Collier County, Florida. 150 FEET WEST PROPERTY LINE EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY V AND MAINTENANCE EASEMENT EXISTING RAN LINE (GOLDEN GATE BLVD.) (EXISTING 50 FT. RAN EASEMENT) SOUTH PROPERTY LINE T Prepared b ......�� George R chmond P.L.S. #2406 Public Works Engineering Dep{r�� SCALE: 1 Inch = 100 feel 3301 Tamianu Trail East Naples, FL 34112 Collier County Real Properly Management Department /J �/VO8 11:17 AM I .. r r PROJECT NO. 63041 PROJECT PA/RC/EL NO. 372 CDOa-- r- o(,.0, LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 150 feet of Tract 36, Golden Gate Estates Unit No. 14, as recorded in Plat Book 7, Page 74 of the Public Records of Collier County, Florida. 150 FEET WEST PROPERTY LINE EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY V AND MAINTENANCE EASEMENT EXISTING RAN LINE (GOLDEN GATE BLVD.) (EXISTING 50 FT. RAN EASEMENT) SOUTH PROPERTY LINE T Prepared b ......�� George R chmond P.L.S. #2406 Public Works Engineering Dep{r�� SCALE: 1 Inch = 100 feel 3301 Tamianu Trail East Naples, FL 34112 Collier County Real Properly Management Department /J �/VO8 11:17 AM ,. li i I I ,I I 1 i Project: Golden Gate Boulevard Parcel: 372T Folio: 37282640002 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 55 feet of the North 5 feet of the South 70 feet of the West 150 feet of Tract 36, Golden Gate Estates Unit No. 14, as recorded in Plat Book 7, Page 74, of the Public Records of Collier County, Florida. . . Prepared ' i George R Richmond P.L.S. 112406 Public Works Engineering Dept 3301 Tamiami Trail East I\ Naples, FL 34112 I Al EXECUTIVE SUMMARY APPROVE AN AGREEMENT PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITHIN THE WALDEN OAKS SUBDIVISION (WO) OBJECTIVE: To gain Board of County Commissioners approval of an Agreement among the WO Master Association, the Collier County Sheriff's Office (CCSO) and the Board of County Commissioners for traffic control on non - publicly maintained roadways within the WO community. CONSIDERATIONS: On May 11, 1999, the Board of County Commissioners directed staff (Item 7A1) to work with the WO Master Association and the CCSO to develop an Agreement for traffic control within the WO community. The streets within the community are not maintained by Collier County, although they have been constructed to meet County standards. The Transportation Services Department performed an inspection of the traffic control devices and other signs and pavement markings within the community and opines that, subject to minor adjustments, they are in general conformance to and are consistent with the Manual On Uniform Traffic Control Devices (MUTCD). A letter has been provided to the management company for the community indicating those items that require maintenance (Exhibit "C" to the Agreement attached) or are necessary for complete conformance to the MUTCD. The CCSO has also indicated that it is willing and able to participate as a party to the Agreement (Exhibit `B" to the Agreement attached). After review of the proposed Agreement and the pertinent exhibits (Attachment No. 1), staff recommends that the Board of County Commissioners become a party to the Agreement and assume this limited jurisdiction over the streets within the WO community. Staff further opines that the assertion of such jurisdiction does not carry any liability or responsibility for maintenance or operation of the streets or roadway drainage. The Agreement merely empowers the CSSO to provide patrol and motor vehicle enforcement capability within the WO community. FISCAL IMPACT: None. The Sheriff, by becoming a party to the Agreement will include the additional patrols as part of the normal and routine duties of his staff (Paragraph 4 of the Agreement). GROWTH MANAGEMENT IMPACT: None PG. Executive Summary Approve an Agreement for Traffic Control Page 2 of 2 RECOMMENDATION: That the Board of County Commissioners: 1) Approve the Agreement and authorize the Chairwoman to execute it on behalf of the Board; 2) Authorize staff to provide a copy of the Agreement to the CCSO and request that the CCSO add the WO community to its patrol pattern; and 3) Authorize staff to provide any additional documentation or site reviews necessary to carry out the intent of the Board's direction. A PREPARED BY: DATE: - Z .�- - i —F,dwar4 J. Kantl ,,� sportation Services Director REVIEWED BY: DATE: 7 Q Don ter, ColieirCounty Sheriff APPROVED BY• Ed Ilschner, Public Works Administrator Attachments: No. 1 – Proposed Agreement H N �6 -- JUN ' 2 1 9- PG._�i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL, JURISDICTION OVER ROADS WITHIN WALDEN OAKS SUBDIVISION THIS AGREEMENT made and entered into this day of , 1999, by and among; the Walden Oaks Master Association, Inc,, a Florida not - for - profit corporation, with office at 7009 Lone Oak Boulevard, Naples, Florida 34109; the Collier County Sheriff's Agency, and; the Board of County Commissioners of Collier County, Florida. WITNESSETH: WHEREAS, all streets and roads within Wellington at Lone Oak, Units One and Two, Lexington at Lone Oak, Units One and Two, Walden Oaks Professional Center at Lone Oak, and Walden Shores are private roads, not owned or maintained by Collier County; and WHEREAS, the Walden Oaks Master Association, Inc., hereinafter referred to as Walden Oaks, a cooperative organization composed of representatives from each of the developments within the above -named communities charged with maintaining and controlling the private streets within the subdivision, has tendered a letter request dated April 4, 1999, attached hereto as Exhibit "A ", for the Collier County Sheriff's Agency to patrol said private roadways and exercise jurisdiction in the enforcement of state and county laws; and WHEREAS, Subsection 316.006 (3) (b), Florida Statutes, provides that a county may exercise jurisdiction over any private road or roads located within the unincorporated area within its boundaries if the county and party or parties owning or controlling such road or roads provides, by written agreement approved by the governing body of the county, for county traffic control jurisdiction over the road or roads encompassed by such agreement; and WHEREAS, the Collier County Sheriff's Agency has monitored traffic on and along the private streets within Walden Oaks and confirmed an enforcement need and has agreed to provide traffic control enforcement in the areas requested (see Exhibit `B "); and WHEREAS, Collier County, through its Transportation Department, has reviewed and communicated with the Walden Oaks Master Association, Inc., regarding signage and a required subdivision sign maintenance plan (see Exhibit "C" attached hereto); and WHEREAS, the Board of County Commissioners has reviewed these requests and determines that it is in the interest of the public health, safety and welfare to enter into an agreement pursuant to Subsection 316.006 (3) (b), Florida Statutes. NOW THEREFORE, in consideration of the premises and the terms and conditions provided herein, the parties hereto agree as follows: The recitals and Exhibits stated and referenced hereinabove are restated hereby and are made a part of this Agreement. 2. Collier County, by its Board of County Commissioners, has hereby determined and henceforth does exercise jurisdiction over all private roads located within Walden Oaks, pursuant to this Agreement entered into pursuant to Subsection 316.006 (3) (b), Florida Statutes. 3. Pursuant to Subsection 316.006 (3) (h) (2), Florida Statutes, the Collier County Sheriff's Agency hereby expressly waives the statutory requirement concerning the effective date of this Agreement relating to the beginning of the next county fiscal year and agrees to the effective date of this Agreement as provided herein. U N Lp__� i 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 4. The Collier County Sheriff's Agency shall include as part of its normal duties patrol and enforcement of all county and state traffic control regulations and laws on and over all private streets and roads in existence or that shall come into existence within Walden Oaks. 5. The parties recognize that the roads within Walden Oaks are not public (County) roads, are not County- owned, and the responsibilities for construction, maintenance and repair, including signage along the roads do not legally exist with and are not hereby contractually imposed upon Collier County or the Collier County Sheriff's Agency. 6. Signage maintenance, repair and adequacy on and along the roads within Walden Oaks is recognized as the responsibility of the homeowner association and /or other private property interest(s) within said Subdivision, and a maintenance program shall be developed and adhered to by Walden Oaks, pursuant to Exhibit "C ", attached. 7. For the purposes of identification and geographic specificity, Walden Oaks is composed of: Wellington at Lone Oak Unit One, depicted and described in Plat Book 16, page 50 of the Public Records of Collier County, Florida; Wellington at Lone Oak Unit Two, depicted and described in Plat Book 17, pages 80 -83 of the Public Records of Collier County, Florida; Lexington at Lone Oak Unit One, depicted and described in Plat Book 22, pages 24 -27 of the Public Records of Collier County, Florida; Lexington at Lone Oak Unit Two, depicted and described in Plat Book 25, pages 84 -87 of the Public Records of Collier County, Florida; Walden Oaks Professional Center at Lone Oak, depicted and described in Plat Book 25, pages 46 -47 of the Public Records of Collier County, Florida; Walden Shores, depicted and described in Plat Book 25, pages 88 -89 of the Public Records of Collier County, Florida. 8. Walden Oaks, hereby indemnifies and holds Collier County harmless and indemnifies and holds the Collier County Sheriffs Agency harmless for its non - negligent acts, errors or omissions in providing the exercise of traffic control jurisdiction hereunder. Collier County shall be included as "additional insured" on the liability insurance policies of Walden Oaks. 9. This Agreement may only be modified through a written document executed with the same formality as this Agreement. However, this Agreement may be terminated by the County by the adoption of a resolution providing for termination at public meeting of the Board of County Commissioners. 2 jpSSjp{{ tf N I:... IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Board of County Commissioners having approved this Agreement the _ day of 1999. WITNESSES: WALDEN OAKS MASTER ASSOCIATION, INC. B y` -9iGNATURE T\`/f�2rlil. L 6 Barbara Kendall Title: `� ✓u� L TYPED NAME SIGNATURE Sheila Convery TYPED NAME (corporate sea]) By: DWtm'ter Collier Sheriff s Agency ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: By: PAMELA S. MAC'KIE, Chairwoman Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney JUN Exhibit "A" Sunday-, April 1. 1999 Robert Fernandez County Manaaer Dear Mr. Fernandez: On behalf of the Board of Directors and residents of Waldon Oaks I am requesting the Collier County Sheriffs help in assisting us in controlling the problem we have with speeders in our development. Since our roads are private we understand that permission must be granted through you and the Board of Commissioners. I believe that the proper procedure is to request through you a public petition. Would you please inform me as to the procedure and if a public petition is necessary would you grant us wie. We appreciate an }-thing you can do to assist us in this matter. -- Repectfully- . Terri Ellison, President Waldon Oaks HomPnwners a sso. 009 Lone Oak BIvd, Naples. Fl. 34109 Tele: 514 -3194 Home 262 - 0202 Bus. LK' 4 iu i - x LPG-_ AG -EN DA- ITE MA'r i - °9 Exhibit "B" �1�Priff Pun ;4 i untPr Collier County Sheriff's Office 3301 Tamiami Trail East Building "J" Naples, FL 34112 Telephone (AC 941) 774 -4434 To: Edward J. Kant, P.E. Transportation Services Director From: Don Hunter, Sheri , Collier County S ice Date: May 3, 1999 TRANSPORTATION; DEPT. DATE: ACTION: INFO: FILE: x -REF: Re: Request for Patrols on non - county maintained roadways in Walden Oaks Please accept this memorandum as notification that the Collier County Sheriffs Office will enforce traffic laws within Walden Oaks. once an agreement for traffic control jurisdiction is entered into between Walden Oaks and the Board of County Commissioners. The level of enforcement will be determined by the Sheriff s Office. DH:pb cc: Chief of Operations File 7 EXHIBIT "C" COLLIER COUNTY GOVERNMENT TRANSPORTATION DEPARTMENT May 18, 1999 Terri Ellison, President Walden Oaks Homeowners Association 7009 Lone Oak Boulevard Naples, FL 34109 Re: Traffic Control Agreement Dear Nits. Ellison: 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 774 -8494 FAX: (941) 774 -5375 A CERTIFIED BLUE CHIP COMMUNITY On Tuesday, May 18, 1999, Transportation Services Department staff made a site review of the Walden Oaks development. All streets were driven and signage and pavement markings were observed. We offer the following comments: All community STOP signs should be checked to assure that the bottom edge is no less than 5' above ground level. 2. Near the entrance to the community, there is a sign post with a "Neighborhood Watch" sign and a space for another sign above it. It is assumed that this is the "missing" speed limit sign we spoke of. We suggest that you provide a standard "25 MPH Speed Limit" sign at this location with an advisory plate under it inscribed "All Streets ". Further, please assure that all speed limit signs have the bottom edge no less than 5' above ground level. We observed several "20 MPH— and one "15 MPH" signs. These should be replaced with 25 MPH signs. 3. There is a portion of Lone Oak Boulevard marked with a yellow skip stripe. It is not necessary to mark lanes on two -lane residential streets; however, if you choose to do so, you should be consistent. We suggest that all pavement markings, including STOP bars and painted gores, be reviewed and renewed where appropriate. It is not necessary to renew the section of Lone Oak Boulevard that had been previously skip striped. IQgq g Pu. Terri Ellison, President May 18, 1999 Page 2 A local source for signs and replacements is Municipal Supply and Sign Company in Naples. A local contractor specializing in pavement markings is Duralast, Inc., also in Naples. There are also others available. Please feel free to contact us if you have any questions or if you desire further information. We may be reached at 774 -8494. Very truly yours, Edward J. Kant.fE. Transport�je�f�ervices Director cc: Ed Ilschner, Public Works Administrator Dale A. Bathon, P.E., Traffic Operations manager File: Walden Oaks Traffic Control i ,1 A EXECUTIVE SUMMARY ADVISE THE BOARD REGARDING THE GOLDEN GATE PARKWAY MSBU OBJECTIVE: To advise the Board of County Commissioners regarding the status of the Golden Gate Parkway MSBU project relative to financing, project/assessment costs and project timetable. CONSIDERATIONS: On December 8, 1998, the Board accepted a petition for the formation of an assessment district for the purpose of providing water and sewer improvements to serve eleven parcels of land located along the south side of Golden Gate Parkway. The Initial Resolution that created the MSBU and discussed tentative project costs was approved by the Board on May 11, 1999. Since that time the County's Financial Advisor has attempted unsuccessfully to secure quotes for financing the project. As a result the overall project/assessment cost estimate and the viability of the project are no longer certain. The Financial Advisor contacted three local banks who had been short listed as part of a previous County request for proposal. None of the banks contacted are willing to provide financing unless the County guarantees the principal and interest payments by covenant to budget and appropriate from county -wide non ad valorem revenues. From a policy perspective the requirement that the County guarantee the debt for this project raises concerns over using the County's non -ad valorem taxing power to secure debt for a narrowly focused purpose. The County's Financial Advisor has provided a letter, attached hereto, discussing the policy implications of this matter. Staff has developed a brief discussion of the pros and cons for each of several financing alternatives for this project as follows: Obtain personal debt payment guarantees from the benefiting property owners in lieu of the County providing a guarantee, direct the Financial Advisor to obtain financing accordingly. Pros - Project could be completed, County not required to guarantee payments, financing terms will likely be reasonable Cons - Personally pledging may be too onerous for property owners, certainty of completion is moderate 0 Direct the Financial Advisor to obtain financing, if possible, without the covenant to budget and appropriate. Pros - County not required to guarantee payments Cons - Interest rate and length of loan may be too onerous for property owners, certainty of completion is low -this may not be a viable alternative • Agree to covenant to budget and appropriate and direct the Financial Advisor to obtain financing under those terms. Pros - Project could be completed, financing terms will likely be reasonable Cons - Policy and precedent setting implications of County guaranteeing payment for a project with nominal public benefit, certainty of completion is moderate f • The Property owners could seek financing and complete the project independently. Pros - Project could be completed, County overhead for managing and administering the project is avoided Cons - The property owners have already tried this approach without success, interest rate and length of loan may be too onerous for property owners, certainty of completion is low • The property owners and/or the County could pursue financing through the Florida Government Utility Authority, (Florida Cities successor). Staff has already contacted FGUA and has provided project information. Pros - Project could be completed, County overhead for managing and administering the project is avoided, the utility gaining the customers and the new facilities would be responsible for financing the project Cons - The property owners and staff tried unsuccessfully to obtain funding through the previous owner of the utility, certainty of completion is moderate The project schedule originally called for approval of the final assessment resolution on June 22, 1999. The last available date to approve the final assessment and have it appear on the November `99 tax bill is August 3rd. Unfortunately, our project cost estimates are no longer valid due to the financing uncertainties. This problem combined with property owner notification requirements will result in missing the November `99 tax bill window. If we elect to move forward with this project utilizing the assessment approach the first assessment payment will be delayed until November `00. The primary potential consequence of delaying the assessment for a year is additional capitalized interest. The benefit of the delay will be valid project cost estimates. FISCAL IMPACT: Depending on Board direction, a project fund and a debt service fund will need to be created. The project budget will reflect the project/assessment cost data ultimately approved by the Board. A debt service budget will also need to be created and will likewise reflect the project/assessment costs approved by the Board. The debt service budget will reflect annual debt service for the project as well as annual assessment collection costs. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Staff recommends that the Board of County Commissioners consider the information provided and direct staff to work with the property owners and Florida Government Utility Authority to complete this project ' ende ounty and the assessment process. Prepared By dward N. inn, Public Works Director o Operations Reviewed By--, Ed Ilschner, Public Works Administrator Memorandum Date: June 11, 1999 TO: Ed Finn 1Frotn: William J. Reagan RE Goiden Gate MSBU You requested that our firm develop a long -term financing structure for the funding of the proposed Golden Gate Parkway WaterlSewer MSBU. The financing would be secured by special assessment liens upon the benefited properties. Before we issue a request for proposal, it is important to discuss the challenges of special assessment financings. Special assessment notes or bonds are stilt viewed by credit enhancers, rating agencies and investment banks as speculative. However, in some cases the speculative element can be mitigated through such factors as: • Ability to raise assessment tax rates • Excess cashfiow for reserve earnings • Strong value -to -fien ratio (7� 1) • Legal protection of structure • Economic incentives for timely payments • Low risk associated with the property The Golden Gate MSBU Gen to loan ratio is poor, less than 2:1. Additionally, while only a small group of lots, most lots are unimproved leaving little incentive to pay the special assessments. Florida Statutes require that special assessments be structured with equal annual payments, thereby eliminating increased tax revenues in the assessment without holding a public hearing. Commercial banks generally do not make loans secured solely by special assessments. In some cases, meeting all the criteria above and with better than 75% built out, they will finance a short-term or variable term note secured by special assessments Cites and counties that utilize special assessments for unimproved land for essential countywide projects usually secure the debt with a secondary pledge, i.e_ non-ad valorem revenues. Using the County's non-ad valorem revenues as a secondary pledge has not been the practice in the past and would further dilute the existing non -ad valorem revenues securing Countywide debt. However, for your assistance. we did solicit three banks, whose local offices responded to the fine of credit request fbr proposals. Two oanks responded no and one bank said possibly short-term with variable rate and a pledge of the County's non -ad valorem revenues. Attached is a copy of the term sheet that was submitted to the banks for their review. 2 >K3y nM x HOUGH Vol �,y/ yy ]LU.v lU: u.5 1•:1 -� `•f4iti4:itiL17 4j uus COLLIER COUNTY, FLORIDA GOLDEN GATE PARKWAY MSTU Term Sheet Location: Golden Gate Parkway between Santa Barbara Blvd. And 53`11 St.. SW Purpose: Water and wastewater lines Number of Units: 11 parcels Cost of Construction: $328,425 Total Borrowing Cost and Capitalized Interest: 5360,000 Security: Special Assessments on land Lien amount per unit: 532,482 Annual Special Assessment: $31894 Appraised value of units: 555,000 unimproved $127,000 improved Zoning: Property is zoned commercial PUD EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID #99 -2957 FOR THE SEAGATE CULVERT IMPROVEMENTS TO KYLE CONSTRUCTION AND APPROVE THE CHAIRWOMAN TO EXECUTE THE CONTRACT DOCUMENTS UPON ATTORNEY REVIEW OBJECTIVE: To award Bid #99 -2957 for the Seagate Culvert Improvements to Kyle Construction and approve the Chairwoman to execute the contract documents upon attorney review. CONSIDERATIONS: 1. On May 28, 1999, invitations to bid were sent to ninety -three (93) contractors. The Bid opening was held on June 16, 1999, three (3) proposals were received. Staff has reviewed the proposals and finds the lowest Bidder to be Kyle Construction. The proposal from the low Bidder meets all specifications of the Bid, therefore, staff recommends that Bid #99 -2957 be awarded to Kyle Construction. In addition, this Contract will be incorporated into the standard Collier County Contract and, therefore, we would request that the Chairwoman be authorized to execute the contract documents upon attorney review. 2. The recommended low bid is $18,240.00 higher than the budgeted funds in the Seagate Culvert Cost Center, however, funds are available in the Clam Pass Main Channel Cut IV Cost Center within the same Fund. Therefore it is requested that a Budget Amendment for $18,240 be approved transferring these funds from Clam Pass Main Channel Cut IV Cost Center to the Seagate Culvert Improvement Cost Center. FISCAL IMPACT: The fiscal impact for Bid #99 -2957 is $88,240.00. The Pelican Bay Services Division will fund 50% of the cost, funds available in Fund 320 with approval of the aforementioned Budget Amendment. The remaining 50% of the cost to be funded by WCI Communities per the Agreement approved by the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid #99 -2957 for the Seagate Culvert Improvements to Kyle Construction and approve the Chairwoman to execute the contract documents upon attorney review and approve necessary Budget Amendment. PREPARED BY: �L:C / DATE: G Jj4mes P. Ward Department Director REVIEWED BY: DATE: 1 Steve Carnell V Purchasing Director AGENDA ITEM APPROVED B DATE: (� /d No. o Ed Ilschner, Administrator ,JUN 22 1999 Public Works Division Pg. m co CD o_ N cD Cr � c � � O Q7 @� C m � n C 0 V � b o• r� y N n C7s' W W ca co N ca v cn as d cp 0 c m -�o O m N AGENDA ATj No., $, 0) JUN 2 2 1999 r� r-� 0 CD CE CD CD 00 CD cu b d x C. o o � � CD 0 CD r b o 0 w x =. 6R 69 GO) O l� r0 W 4�1 O W t!i 00 00 A lV N J N O 69 Z O C O O O O O O c n QPI O C O O O O p O O O O CJ� n O O O O O O O O O C O C w IQ tj s9 s9 .•, 00 �1 Q1 r D J� �O W aq O CA v ci, �D O O O O w a?, Z O O O O O O O O p O O In y O O O O O O O O O O 0 0 O O O O O O p O O O O O .... ....................... .............................. ......................... .............................. ............................... ..... ........... ....... ....... ..... ... ... ... ... .. ........................ ... ... . ... ... ... ... ... ... ... ... ........ .... .... cD Cr � c � � O Q7 @� C m � n C 0 V � b o• r� y N n C7s' W W ca co N ca v cn as d cp 0 c m -�o O m N AGENDA ATj No., $, 0) JUN 2 2 1999 r� -v v La CD �G CD (D CD 0 W cr w a' axw�� � cD n v w z n: co co r� co V d n Z 0 U) �2L 2 1999 P _ EXECUTIVE SUMMARY REQUEST THE BOARD TO AUTHORIZE THE COUNTY ADMINISTRATOR TO APPROVE CONSENT AND EMERGENCY ITEMS DURING THE BOARD'S 1999 SUMMER RECESS OBJECTIVE: That the Board authorize the County Administrator to approve consent, emergency and other routine items during the Board's upcoming 1999 summer recess scheduled for June 29L', July 6h, July 13'x, July 20", July 27`x, August 10, August 17`x', August 24h, August 3 Pt and September 7th. CONSIDERATIONS: In order to expedite the approval and avoid unnecessary delay of requests of a routine nature, the Board in the past, has granted permission to the County Administrator to approve such items. However, the County Administrator is not authorized to sign plats as ordinance specifies that the signature must be that of the Board Chairman. All items approved during the Board's absence will be submitted for ratification at a regularly scheduled Board meeting and will become a part of the official County records. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: The Board of County Commissioners authorize the County Administrator to approve consent and emergency items during the above noted Board absences. Prepared by: Pedone, Executive Secretary to the County Administrator Approved by: _-,4--1-- Robert Fernandez, C y Administrator AI)t> °AJ' No 1092 2 1999 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE HISPANIC AFFAIRS ADVISORY BOARD OBJECTIVE: To re- appoint/appoint 2 members to serve four year terms, expiring on June 25, 2003, on the Hispanic Affairs Advisory Board. CONSIDERATIONS : The Hispanic Affairs Advisory Committee has 3 terms expiring on June 25, 1999 and 1 vacancy due to a resignation. This 9 member board identifies and evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. Terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Leo R. Cardona n/a 2 yes Francisco (Frank) Loney n/a 1 yes HAAB Janie Soliz n/a 5 NO COMMITTEE RECOMMENDATION: Leo R. Cardona - new appointment Frank Loney - re- appointment NOTE: The advisory committee recommended the appointment of a third person. Christopher O. Bent whose resume had not been received by this office. He has submitted his resume as a result of the May advertisement and will be included with the other applicant for the August agenda. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 2 members to serve 4 year terms on the Hispanic Affairs Advisory Board; and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JUNE 22, 1999 AGEND No. � JUN 2 2 1999 Hispanic Affairs Advisory Board Name Work Phone Home Phone Appt'd DateRe -apps Exp. Date 2ndExpDate Tern: 2nd Term Fave D. Reddick 03!23!99 06'25,01 Fears 40;1 Gulf Shore Boulevard North 434 -9475 Naples, FL 34103 District: 4 Cate; ory,: J Kate L. Warner �' �� 12!16/97 06 25 01 Fears 1717 Camelia Lane 435 -4577 Naples, FL 34105 District: 1 Category: Dora S: Vidaurri 611 Nassau Street Apt. 4' ) Immokalee. FL 3.1142 District: 5 Cate; orj,: Pete Cade. Jr. 1903 Leed Avenue Immokalee. FL 3.114 - District: Category. :Maria Grimaldo 203 N. Sth Street Immokalee. FL 34142 District: ; Catego) ly: David Correa 1 1257 Lon zshore Way I�Vest Naples. FL� 34119 District: 5 Cate; or 658 -2082 08/05%97 06 2. 01 657 -1763 08 05 97 657 -4469 03 2 3,'99 657-7754 06'06,'95 10/20/98 06 2; 01 06 -' 5 02) 06,25 98 06;'-" ; 02 4 Fears -1 Fears 3 Years Years 4 Fears Frank G. Loney 08,1011/95 06; "2., 99 4 years 131 Tahiti Street Naples, FL 34113 District: 1 Cate; or ��S^ �CI�fAI�I.' TlLiT' 41+••••• c•^• w••- b�LiLLTIITS3.L62L'A.:'.3i'J -'~+S^ L1YGVSIS:L.1�C2'�.= Y,L:`.' -' Wednesday, hlarch 24, 1999 Pa ;e 1 of 2 r- AGEND IT-FM No. JUN 2 2 1999 Pg•—,22—� Hispanic Affairs Advisory Board Name ff'ork Phone Appt'd EtP. Date Term Home Phone DateRe -appt 1ndEXpDate 2nd Term Sandra Burton teS�S t` i.��`ti� 0-1:'28 -'9S 06 25/99 1 Year 7816 Gardner Drive. #203 514 -2371 Naples, FL 34109 District: 3 Category: Frank Floreneio Rodriguez . "4130Lf3 Naples! FL 34101 District: 3 Category: yam_ 08101.95 06."2;99 434 -1975 -1 Years This 9 member committee was created by Ord. No. 91 -37, amended by Ord. No. 91 -781 to identify and evaluate problems unique to the Hispanic community, review and recommend ways to ensure open communication be7,veen minorities and Collier Ccunty government anc prcvice periodic reports to the Board of County Commissioners Terms are 4 years. FL STAT: Staff.- Ramiro Manaiich, Assistant County Attorney: 7- 4 -340C w'd —a `^'w GOa] lxnTj• 11 F4�GS�Jl:•�i�t..lL'`lL•�^L��lt . err z•. re- au.- i,_ es1r„srsvas_sr.�r�rzsc °..ai -::z __...-ac_�r s__. --. f�'rrinrsdu y, alurclr 24, !'l)9 Prr,e ? oj? AGENO IT No. JUN 2 2 1999 pg. 19417740225 COUNTY ATTORNEY 970 P01 JUN 89 199 11:12 MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners R FROM: Ramiro Mafalich, Chief Assistant County Attomey DATE: June 7, 1999 RE: Applicants Seeking Appointment/Reappointment to the Hispanic Affairs Advisory Board At its regular meeting held May 27, 1999, the Hispanic Affairs Advisory Board (HAAB) considered the following applicants for appointment: Leo R. Cardona Christopher O. Bent Frank Loney - reappointment (term expires June 25, 1999.) HAAB voted unanimously that the above applicants be recommended for appointment by the Board of County Commissioners. The next HAAB meeting is scheduled to be held on June 24 1999. Please have the Board of County Commissioners consider the above applicants for appointment/reappointment to this Board. Thank you for your assistance in this regard hesitate to contact me. RMU attachments cc: David C. Weigel, County Attorney HAAB Members If you have any questions, please do not AGEND T No. JUN 2 2 1999 WE MEMORANDUM DATE: May 3, 1999 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assistant . Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the countv's advisory committees. Please let me know if those listed below are registered voters in Collier Countv. Also, please list the commission district in which each applicant resides. HISPANIC AFFAIRS ADVISORY BOARD Leo R. Cardona 557 106th Avenue North L � Naples, FL 34108 C Frank Loney 131 Tahiti Street Naples, FL 34113 r/ J Janie Soliz J 7 7 611 W. Main Street Immokalee, FL 34142 Thank you for your help. COMMISSION DISTRICT 1ST AGENDA IT M No. JUN 2 2 1999 Pg-- ---------- MEMORANDUM DATE: May 3, 1999 TO: Ramiro Mahalich, Chief Assistant County A orney FROM: Sue Filson, Administrative Assist Board of Count. Commissioners RE: Hispanic Affairs Advisory Board As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Leo R. Cardona 557 106th Avenue North Naples, FL 34108 Frank Loney 131 Tahiti Street Naples, FL 34113 Janie Soliz 611 W. Main Street Immokalee, FL 34142 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time - frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions. please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments AGEND I M No. J0N 2 ? 1999 WE March 20, 1999 Leo R. Cardona 557 106`h Avenue North Naples, Florida 34108 (941) 513 -9748 Sue Filson Collier City Administration Office 3310 East Tamiami Trail Naples, Florida 341 Dear Ms. Filson: REC 1= IV tr This letter is to demonstrate my intention for an appointment to the Hispanic Affairs Advisory Board. At the present time, I reside in Collier County and am a registered voter. I have a Bachelor's degree in Biology and I am currently working on post - baccalaureate studies in Clinical Laboratory Medicine at Florida Gulf Coast University. I am interested in civic and community affairs, especially here in Collier County. I would appreciate your consideration towards my appointment. AGENDA IT M No. JUN 2 2 1999 WE March 2, 1999 Ms. Sue Filson, Administrative Assistant Board of County Commissioners Ms. Sue Filson, I would like to request to be considered for another term on the Hispanic Affiars Advisory Board. I was advised to write a request to you, so that it could become a matter of public record. I would like to thank you in advance for your consideration for another term on the Hispanic Affairs Advisory Board. Sin rely, F ank Loney 131 %ah , 3 y 3 cc: Ramiro Manalich, Chief Assistant County Attorney HAAB members AGEND I M No. JUN 2 ?. 1999 yid February 24, 1999 Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East, Building F Naples, Florida Re: Hispanic Advisory Board Appointment Dear Ms. Filson: This correspondence is to express my interest in the above referenced position. My name is Janie Soliz, I have been a resident of Immokalee since 1965 — therefore I am very familiar with the issues that are pertinent to our community. I believe that it is important that Immokalee is represented in the Hispanic Advisory Board. I have an interest in this community, I own a business and intend to raise my children here. I am positive that I can be an asset to this advisory board. Sincerely, Mrs. Janie Soliz AGENDA EM No.__ _ / )UN t 2 1999 Pg.— EXECUTIVE SUMMARY - APPOINTMENT OF MEMBER(S) TO THE PARKS AND RECREATION ADVISORY BOARD OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on December 31, 2002, on the Parks and Recreation Advisory Board. CONSIDERATIONS : The Parks and Recreation Advisory Board has 1 vacancy due to the death of Karin E. English. Representation on this board consists of 1 member from the Immokalee Community Park District, 1 member from the Marco Island Community Park District, and 5 members from the Naples and Urban Area Community Park District. This 7 member board advises the Board of County Commissioners on matters pertaining to the acquisition, development and programs involving the County's park facilities. Terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY Lindv D'Amico Urban Kevin Carmichael Urban COMMITTEE RECOMMENDATION FISCAL IMPACT: NONE DIST ELECTOR ADV. COMM. 4 yes none 2 yes none Lindy D'Amico GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint one member to fulfill the remainder of the vacant term, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JUNE 22, 1999 AGENDA ITEM No. s. I UN 2 2 1,599 P g Parks and Recreation Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term John Griee 12/16/97 12/31/01 4 Years 326 Charlemagne Boulevard. 1204 774 -5517 Naples, FL 34112 District: 1 Category: Urban Edward Oleskv 6001 Lake Trafford Road Immokalee, FL 34142 District: 5 Category: Immokalee Lisa H. Barnett 1105 Roval Palm Drive Naples. FL 34112 District: 4 Category: Urban Daphne Bercher 3800 Estero Bav Lane Naples, FL 34f 12 District 1 Cate;on,: Urban Gil C. Mueller 541 Blackmore Court Marco Island. FL 341.15 District: 1 Category: Marco Island Timothv N1. Blackford 276 Nl dison Drive Naples, FL 34110 District: 2 Category: Urban ? a -/S .wk Karin E. English d�` 3'1 3823 Tamiami Trail East, 9421 Naples, FL 34112 District: 4 Category: Urban January 13, 1999 05/26/98 12/31/98 7 Months 657 -2401 1/12/99 12/31/02 4 Yrs. 649 -4900 11/12/99 121/31 /02 643 -9703 261 -6909 08/26/97 12,/' ) U99 774 -3181 02 / 15;'9.1 394 -9444 1 1 / 14/95 261 -4446 01 /07/92 565 -9121 12/16/97 05/26/98 643 -9606 1/12/99 rage 12/31/95 12/31/99 12/31/93 12!31/01 12/31/98 12/31/02 4 Years 2 Years 4 Years 2 Years 4 Years 2 Years 4 Years 7 Months 4 Yrs. AGENDA ITEM JUN 22 1999 Pg. Parks and Recreation Advisory Board Name fork Pltolte Appt'd Exp. Date Terttt Horlte P/rotte DateRe -appt 21tdExpDate 211d Term This 7 member committee was created by Guidelines established on 11/25/75 and confirmed by Ord. No. 93 -81 to advise the Board of County Commissioners on any matters concerning acquisition, development and programs involving parks and recreation facilities in Collier County. Membership consists of 1 member from the Immokalee Community Park District, 1 member from the Marco Island Community Park District, and 5 members from the Naples and Urban Area Community Park District. Terms are 4 years. FL ST.4 T. Staff: Marla Ramsey, Parks and Recreation Director: 353 -0404 Pae e 2 of 2 AGENDA ITEM 0. If — i u N 2 2 1999 Pg. J _. MEMORANDUM :I,�, c , d $0w'd AswAt t DATE: May 27, 1999 TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Barbara Johnson, Senior Secretary i Department of Parks and Recreation RE: Parks and Recretion Advisory Board At the regularly scheduled meeting of May 26. 1999, the Parks and Recretion Advisory Board recommended the selection of Lindy D'Amico to fill the vacancy created by the death of Karin English. If you need any further information. please advise. AGENQA .�TEM No. /; 1 %I V N 2 2 1999 M MEMORANDUM DATE: May 4, 1999 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assistant Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier Countv. Also, please list the commission district in xyhich each applicant resides. PARKS AND RECREATION ADVISORY BOARD r.i 7C3 "Sr 30 r Lindy D'Amico I; 1303 Solana Road i Naples, FL 34103 r. Kevin Carmichael L cl 2810 66th Street, S.W. �! Naples, FL 3410 Thank you for your help. COMMISSION DISTRICT AGENDA ITEM No. JUN 2, 2 1999 Pg•— MEMORANDUM DATE: May 4, 1999 TO: Marla Ramsey, Parks and Recreation Director FROM: Sue Filson, Administrative Assist t Board of County Commissioners RE: Parks and Recreation Advisory Board As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Lindy D'Amico 1303 Solana Road Naples, FL 34103 Kevin Carmichael 2810 66th Street, S.W. Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time - frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments FAGENDA ITFrM EDWARD K. CHEFFY BOARD CERTIFIED CIVIL TRIAL ATTORNEY BOARD CERTIFIED BUSINESS LITIGATION ATTORNEY JOHN M. PASSIDOMO BOARD CERTIFIED REAL ESTATE ATTORNEY GEORGE A. WILSON BOARD CERTIFIED WILLS, TRUSTS & ESTATES ATTORNEY F. EDWARD JOHNSON BOARD CERTIFIED WILLS, TRUSTS 8, ESTATES ATTORNEY JOHN D. KEHOE BOARD CERTIFIED CIVIL TRIAL ATTORNEY LOUIS D. D'AGOSTINO BOARD CERTIFIED APPELLATE PRACTICE ATTORNEY VIA FACSIMILE 774 -3602 Sue Filson Administrative Assistant Collier County Commission 3301 U.S. 41 East Naples. FL 34112 CHEFFY PASSIDOMO WILSON & JOHNSON A=RNEYS AT LAW, LLP 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORIDA 34102 TELEPHONE. (941) 261 -9300 FAX: (941) 436 -1535 April 22. 1999 Re: Appointment to Parks & Recreation Advisory Board Dear `Sue: JEFFREY S. HOFFf KEVIN CARMICH, LOUIS W CHEFFY PHILIP MARTINETTI OF COUNSEL. JAMES W. ELKINS BOARD CERTIFIED REAL ESTATE ATTORNEY E -MAIL: CPWJ (anapleslawcom I enclose my resume for consideration as a member of the Parks & Recreation Advisory Board. _ Should you have any questions regarding my qualifications. please do not hesitate to call me at (941) 436 -1525. yours Kevin Cs`armichael KC1slm g:lkcico11ier.1tr AGENDA IT'M No.�,�L i AIN 22 ;'y� Pg. E KEVIN CARMICHAEL 2810 66'' Street South lVest Naples, F134105 H(941)659 -2065 13'(941) 436 -1525 Licenses: Attorney, Member of Florida and Pennsylvania Bar, Admitted to Practice before the U.S. Tax Court, U.S. District Court for the Southern District of Florida Certified Public Accountant, Florida, Member FICPA, AICPA Commercial, Instrument, Multi- Engine Aviation Licenses (1000+ Multiengine Jet time) Education: L.L.M. (taxation) University of Miami 1994 J.D. Nova University Law Center 1989 M.S.(Business Administration) Temple University, 1985 B.S. United States Air Force Academy, 1977 Relevant Experience: December 1998 to Present Senior Associate, Cheffy Passidomo Wilson and Johnson. Naples. Florida. complex estate and business tax and for US and International high net worth individuals December 1996- November 1998, Senior Associate Attorney, Greenberg - Traurig, Miami. 350— attorney regional firm, inbound and outbound corporate and tax planning, international restructuring, joint ventures and entity structuring for U.S. and foreign clients; complex estate planning involving the use family limited partnerships and sales grantor trusts; legal and tax issues affecting corporations, partnerships, estates, trusts, charities and not for profit organizations. Bankruptcy taxation including liquidating trusts; preparation of private letter ruling in the liquidating trust rea and expert xvitness testimony in the liquidating trust area. August 1994- December 1996. Associate Attorney, Buchanan Ingersoll, P.C., North Miami Beach Office of 240- Attorney regional firm, corporate, partnership, limited liability company law and taxation for U.S. and foreiLTn clients. Hospital Mergers and Acquisitions, not for profit trade associations, private foundations and support organizations. limited amounts of corporate finance, secured transactions and commercial real estate, commercial transactions. complex estate and asset protection planning, family partnerships, SCINs and private annuities. %larch 93- August 1994, Associate Attorney, Blackwell & «'alker, Miami, Florida, Mergers and Acquisitions, including S25,000.000 manufacturing firm, Corporate Law, U.S./Foreign- 'State /Local Corporate. and lndi�-idual. Employment, Estate and Excise Taxation, International Cruise Line and Shipping Matters, Customs, Department of Labor Matters and Tax controversy work. October 91- March 93, Associate Attorney, Bailey, Hunt, Jones and Busto, Miami, Florida, Mergers and Acquisitions, Including $120,000,000 Hospital Merger, Estate Planning/Probate, Corporate, Exempt Organization Tax la", Damages Calculations, Litigation Support. August 90- October 91, Senior Tax Consultant, Ernst & Young, Miami audit, tax compliance and return preparation in the areas of international, corporate, individual, exempt organizations, airlines, excise tax, and state taxation. Computer Experience:Vindows 95, Office Pro 97, Word, Excel, Word Perfect 5.1 and 6. 1, BNA, RIA Westlaw, Lexis, Turbo Tax, Internet Professional Associations: AICPA, American Association of Attorney CPA's, FICPA (Key Person Contact, Member °gislative Policy Committee, Estate Planning Council;), Florida Bar (Member, Tax Section), ABA ,rcraft Owners and Pilots Association, Association of Graduates of the United States Air Force Aca em7o , � , Charitable Activities Member of Board of Directors of Center for Chimpanzee and Orangutan Conservation, iv.AAII of Collier County and Guadalupe Center, Imokolee Frequent Lecturer in Tax, Business and Estate Planning Languages: Conversationalh, Fluent in Spanish, some Geri :an AGEND,A_ITVI No. .I I N 2 2 1999 Gulf Coast National Bank 3838 North Tamiami Trail • P.O. Box 413040, Naples, FL 34101 (841) 403 -5130; (941) 403 -5148 - fax April 28, 1999 Ms. Sue Filson Collier County Commissioners Office Via Fax: (941) 774 -3602 Dear Ms. Filson: I understand that there is an opening on the Collier County Parks and Recreation Advisory Board and I would like to be considered as an applicant for that position. Accordingly, please find attached a copy of my resume, which I hope will prove helpful in the selection process. Please feel free to call me should you have questions or require any additional information. Thank you for your consideration. I would like very much to serve on the Advisory Board and hope to hear from you soon. Sincerely, Lindy D'Amic Vice President AGEIT EM No. �) ` i ! 49 P g e - . ,r b0 /T0'd trTO# Z'[:/-T sz-b016661 SbTS £0b Tb6 SNC01 'ICIOLi9WW00 -SN^�F WCZl� Lindy M. D'Amico 1303 Solana Road Naples, Florida 34103 (941) 649-4093 EMPLOYMENT EXPE NCE: March 1997 to Present: Gulf Coast National Bank 3838 North Tamiami Trail Naples, Florida 34103 (941) 403 -5130 Vice President /Commercial Loan Officer March 1994 to March 1997: First National Bank of Naples 900 Goodlette Road Naples, Florida 33940 (941) 262 -7600 Vice President/Branch Manager. Responsibilities include all types of loan production and overseeing branch operations and business development. March 1989 to March 1994: Citizens National Bank of Naples 811 Anchor Rode Drive Naples, Florida 33940 (813) 261 -5522 Assistant Vice President/Branch Manager. Responsibilities include all types of loan production and overseeing all branch operations. Promoted from: Assistant Vice President, Commercial Real Estate Department. Responsible for all facets of loan production including international and domestic letters of credit as well as maintenance of portfolio and collections. Additional responsibilities include Office Manager supervising and training 15 employees. Also serve as bank's Consumer Compliance Officer and audit liaison. AGENDA ITFM No._ Z6" ,f l .jV �" t 2 ;1) ')9 vo /Zo -d V10# ZT :LT 8Z -bo `666T SbTS £ob Tb6 SNtl01 -ItCI3HSWW00- $tI100: W06-d June 1988 to March 1989: First National Bank of Bonita Springs 27975 Old U.S. 41 Road Bonita Springs, Florida 33923 (941) 992 -2201 Assistant Vice President, Commercial Real Estate Department. Responsible for all types of loan origination, including consumer, commercial and mortgage. Additional responsibilities included maintaining current payment status of portfolio and reporting as to same. July 1983 to June 1988: Marine Savings and Loan Association of Florida 2400 North Tamiami Trail Naples, Florida 33940 (941) 261-0033 Branch Manager /Loan Officer, Commercial Real Estate Department. prior to appointment as Branch Manager, was responsible to originate, process, document, close, disburse and follow -up all types of loans including consumer, residential, commercial and commercial real estate in addition to training and supervision of all support staff. As Branch Manager, in addition to overseeing daily branch operations, I was also responsible for origination of all types of loans and for business development. September 1977 to July 1983: Southeast Bank, N.A. 1010 Fifth Avenue, South Naples, Florida 33940 (941) 261 -8811 Mortgage Loan Officer responsible for complete day to day operation of the department including processing, underwriting, documentation, closing and disbursement of all residential and commercial mortgage loans. Hired at 20 years of age as a Safe Deposit Clerk. In three years, I became the youngest officer in Southeast Banking Corporation history. A" AEND -,TTT No. Pg• �-- - 170 /£01d V10# £T:L.T 6Z- b0`666T 9bT5 £0b T&6 5NJ0'1 JdjoO33WW00-HNOO: W063 EDUCATION: 1975 Honor Graduate, Lely High School, Naples, Florida. Certified in Consumer Compliance Regulation and Commercial Lending in addition to having attended and completed several AIB classes, seminars and workshops on Lending and Supervision/Office Management. COMMUNITY: I have been active in Junior Achievement of Collier County, The Humane Society and The Mental Health Foundation. I have served as a Board Member for Girls Incorporated of Collier County, CARES, and for the American Heart Association. PERSONAL REFERENCES: b0 /b0'd 1710# £T :G.T 8Z -b0 `666T John R. Winfield, Jr., President Winfield Companies 10001 North Tamiami Trail Naples, Florida (941) 593 -3100 Marta Coburn, MD District Twenty Medical Examiner 3838 Domestic Avenue Naples, Florida 34104 (941) 434 -5020 Kenneth R. Johnson, Esquire Goodlette, Coleman & Johnson 4001 North Tamiami Trail Naples, Florida 34103 Robert Tober, M.D. Head of Emergency Medicine Naples Community Hospital 350 Seventh Street, North Naples, Florida 34102 SbTS £0b Tb6 AGEZA,1TjM No J UN 2 2 1999 SNUO1 1CI3�:13WWOO -BNOO: WOad I , W RESOLUTION NO. 99- r2. 3 A RESOLUTION TO ENCOURAGE, SUPPORT, 4 AND PROMOTE DIVERSITY IN COLLIER COUNTY. 5 6 WHEREAS, the United States of America has achieved world leadership and power by 7 developing common ties and bonds among people of diverse nationalities and cultures, working 8 to reach the common goals of freedom, equality and the realization of the American dream; and 9 WHEREAS, one of the strongest bonding elements in the United States and Collier County 10 has been the use of the English language as the common language for private and public business 11 and official communications in a multinational, multicultural and multiethnic society; and 12 WHEREAS, the State of Florida holds a most strategic geographical location, which 13 facilitates business and other relationships with Countries of diverse cultures including Mexico, 14 the Caribbean nations, Central America and South America, and such a favorable location is 15 reported to have enhanced the State's economic growth to reach a higher rate than that of the 16 United States, to a level that if it was an independent nation it would be the 16th largest market 17 in the world, and the 5th largest economy of the Americas; and 18 WHEREAS, Collier County's growing diverse population reaffirms the fact that people 19 from diverse cultural and ethnic backgrounds, who recognize the use of English as their common 20 language, can work together toward a common goal while realizing that their success depends 21 upon supporting and stimulating innovation, teamwork and sharing of information achieved from 22 diversity; and 23 WHEREAS, the Collier County Board of County Commissioners ( "Board ") values diverse 24 backgrounds, fresh approaches to problem solving, English as a common language, and insight 25 into the cultures of all citizens, residents and visitors; and 26 WHEREAS, the Board recognizes that economic opportunities and the success of 27 generations to come in the local and global markets depend significantly upon all citizens, 28 residents and visitors advancing diversity in the public and private sectors. 29 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 30 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board hereby encourages, 31 supports and promotes diversity in County Government agencies, departments and advisory 32 boards. Furthermore, the Board encourages the private sector to support and promote diversity 33 for the benefit of Collier County's citizens, residents, visitors and foreign business entrepreneurs. 34 This Resolution was adopted after motion, second, and majority vote. 35 36 DATED: 37 38 ATTEST: 39 DWIGHT E. BROCK, Clerk 40 41 42 43 44 45 Approved as to form and 46 legal sufficiency: 47 48 49 50 amino Manalich 51 Chief Assistant County Attorney 52 53 h:Kay /Resolution BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, Chairwoman AGENDA 4 No. ---Z JUN 2 2 1999 WE ,.... ,EXECUTIVE SUN�MARY - APPOINTMENT OF MEMBER(S) TO COLLIER COUNTY COMMUNITY HEALTH CARE AD HOC COMMITTEE OBJECTIVE: To appoint 3 at -large members to serve on the Collier County Community Health Care Ad Hoc Committee and to confirm the appointment of 9 health care providers; 11 community leaders; and, 4 advisors. CONSIDERATIONS : This 23 member ad hoc committee was established by Resolution No. 99 -257 to review existing health care systems in Collier County to determine if adequate access and health care is available to all of the residents of Collier County and, if not, to recommend actions that might be taken to address any lapses in access or coverage. An at -large member is someone who has an interest in health care and health care access. A press release was issued and resumes were received from the following 19 interested citizens: APPLICANT CATEGORY Pamela Collett, ARNP Provider Alfonse A. Cinotti At -Large Fran Stoianoff At -Larne Faye D. Reddick At -Large Tucky P. Ramsey At -Large Timothy L. Gillett At -Large Eva C. Hoff At -Large Patricia M. Barton At -Large Martha J. Durham At -Large Jacquelyn Gillespie At -Large Robert H. Finkernagel, III At -Large Thomas G. Schneider GNCA Robert E. Johnson At -Large Sr. Judy Dohner Imm Representative Alfred R. Bozzo At -Large Richard R. Gyorkos At -Large Darrell E. Ward At -Large Matthew Levine At -Large Pearl Palfreeman At -Large DIST ELECTOR ADV. COMM. 3 yes 4 yes NO 4 yes 2 yes 2 yes NO 4 yes 2 yes 2 yes I yes 2 yes 5 yes 5 yes 1 yes 3 yes 2 yes 3 yes 5 yes none none none Hispanic Affairs none none none none none none none none none none none none none none none COMMITTEE RECOMMENDATION: Dr. Charles Konigsberg, Jr. has reviewed the applicants and has made the following recommendations: Patricia Barton, Darrell Ward and Faye Reddick be appointed to the at large positions Sister Judy Dohner: be appointed as the Immokalee representative, and Tom Schneider: be appointed to represent GNCA AG!Le N No. JUN 2 2 1999 Pg. Certain organizations have not as yet submitted representatives, and the position for the insurance representative will have to be advertised. However appointment and confirmation of those positions included within this executive summary will allow the committee to begin to hold meetings with a full quorum over the summer recess. Remaining confirmations and the selection of the insurance representative will be brought back to the Board at a future meeting. CONFIRMATIONS Heath Care Representatives: Naples Community Hospital Cleveland Clinic Collier County Medical Society Senior Friendship Center Neighborhood Health Clinic David Lawrence Center Florida Nurses Association Retired Physicians Association Collier Health Services, Inc. COMMUNITY REPRESENTATIVES: Greater Naples Civic Association Immokalee Representative Collier County Medical Alliance Greater Naples Chamber of Commerce Economic Development Council Health and Human Services Board Department of Children and Families Collier County Public Schools League of Women Voters City of Naples Insurance Representative Florida Gulf Coast University ADVISORS: Health Planning Council of S.W. Florida Mental Health Association Healthy Kids Council Collier County Health Department Ed Morton Harry Moon, M.D. Hermes Koop, M.D. Dorothy Campbell William Lascheid, M.D. David Schimell Elaine Wade, R.N. Donovan Baumgartner, Jr., M.D. Richard Akin Tom Schneider Sister Judy Dohner Susan Bello representative not yet provided representative not yet provided Randy Merrill Allun Hamblett Anne Campbell /Dorothy Fitch alternate Dr. Richard Woodruff To be advertised representative not yet provided Ron Burris Mary S. Cooper representative not yet provided Staff Team —AGf ND 1T NO. JUN 22 1999 Pg. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment; appoint 3 at -large members; confirm the health care representatives, community representatives and advisors; and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JUNE 22, 1999 AGENPA I No. JUN 2 2 1999 Pg. JUN -10 -1999 15:15 V Date: To: Company: Fax Number: Phone Number: CC: From: [ P.01 Fax Message Collier County Health Department ' ° "j P O B 429 Naples, FL 34106 -0429 l�rq af ftm� I�'""'"`�t Director's Office - 941 - 774 -8210 Suncom 751 -8210 Fax (Administration) 941 -774 -5653 /b C C, 1 ?P/ - 3b off. Subject: WL- � L&kA- Q-tp--� rl� Number of Pages: (Including this cover page) Message: `7 CONFIDENTIALITY WARNING This transmission may contain material that is CONFIDENTIAL under Federal and Florida Statutes and is intended to be delivered only to the named addressee. Unauthorized use of this information may be a violation of criminal statutes. If this information is received by anyone other than the named addressee, the recipient shall immediately notify the sender at the address or telephone number above and obtain instructions as to the disposal thereof. Under no circumstances shall this material be shared, retained or copied by anyone othe ral.pol - giTEM addressee. - WiE JUN 22 1999 Pg. JUN -10 -1999 15:16 Memo To: Sue Filson From: Charles Konigsberg, Jr., M.D., M.P.H. Director, Collier County Health Department Data: June 10, 1999 Re: Health Care Committee The following represents my recommendations with regard to the appointments to the Health Care Committee. Health Care Representatives: The following have all been designated by their respective organizations and., with the exception of Richard Akin with CHSI, have agreed to serve. Mr. Akin would need to be contacted. • Naples Community Hospital .... .............................Ed Morton • Cleveland Clinic ................ ............................... Harry Moon, M.D. • Collier County Medical Society ..... .........................Hermes Koop, M.D. • Senior Friendship Center .............. ........................Dorothy Campbell • Neighborhood Health Clinic.. .... ........................... William Lascheid, M.D. • David Lawrence Center ............. ..........................David Schimell • Florida Nurses Association ........... .........................Elaine Wade, R.N. • Retired Fhysicians Association ....... ........................Donovan Baumgartner, Jr., M.D. • Collier Health Services, Inc .... ............................... Richard Akin Community Representatives: • Greater Naples Civic Association — Tom Schneider has been designated by the association. His name is also on the list for at- large. I would recommend that he fill the GNCA slot He has agreed to serve. • Immokalee Representative — I recommend Sister Judy Dohner. She applied through the at- large, but I think this is a more appropriate slot for her. She spoke up on the subject at the recent Town Hall meeting in Immokalee, and I went over and spoke with her. • Collier County Medical Alliance — Susan Bello has been designated. • Greater Naples Chamber of Commerce — still awaiting a designee to be considered. _ M No. JUN 22 1999 Pg• _ __ ----- • Page I IJ JUN -10 -1999 15:16 P.03 • Economic Development Council — still awaiting a designee to be considered. • Health and Human Services Board of the Department of Children and Families — has designated Randy Merrill who has agreed to serve. He is a local attorney. • Collier County Public Schools – has designated Allun Hamblett. • League of Women Voters – has designated Anne Campbell with Dorothy Fitch as alternate. Ms. Campbell is away for the summer. • City of Naples – I believe it will be Dr. Richard Woodruff but that needs to be verified. • Insurance Representative – needs to be advertised. • Florida Gulf Coast University – has been contacted, no designee as yet- Advisors- Health Planning Council of S.W. Florida ............................Ron Bums • Mental Health Association .......... ............................... Mary S. Cooper • Healthy Kids Council ...................... .............................to be named • Collier County Health Department ......................... I ......... Staff Team At -large — I have reviewed the names submitted. I recommend that Tom Schneider be appointed as the GNCA representative and Sister Judy Dohner as the Immokalee representative. My top picks and recommendations for at -large are Pat Barton (I very highly recommend her), Darrell Ward, Faye Reddick and Martha Durham. It would appear that NAMI has already had a representative appointed by one commissioner. If indeed NA11q is a health care related organization, rather than "at- large ", which I believe it is, then there is no slot for them as the committee membership is currently conmucted. I have discussed the recommendations from the Chamber of Commerce and the EDC with Ellie Krier and Susan Paregis several times. If they continue to delay coming up with names from their board, I would suggest that the Commission appoint Ms. Krier and Ms. Paregis! I would also like to observe, and express a concern, that it does not appear that we have any minority representatives on the committee. Whale none appeared to have applied, I do know that there is some interest in health issues in the African American community. I will plan to go ahead and schedule a first meeting for this group in July. What are the county's procedures for this? I am aware that public notice must be given. Would I be the one to convene the opening meeting long enough for the committee to elect officers? As we discussed, while I am a state employee, I, along with my team, arse staffing this committee and acting on behalf of Collier County. AG A I M No. •PWZ JUN 22 1999 Pg.—&, JUN -10 -1999 15:17 I appreciate your assistance in my learning curve on this matter. I look forwmd to completing our membership list and getting on with the business at hand as soon as possible. CK/mk Cc: Tom 011iff Public Services Administrator 0 Pagc 3 AGEN A IMEM No, JUN 2 2 1999 Pg. % TOTAL P.04 r MEMORANDUM 1W A *( to" L ' - a-ua ; 1? . -t DATE: June 1, 1999 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assist. Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. C.C. COMMUNITY HEALTH CARE AD HOC COMM COMMISSION DISTRICT Alfonse A. Cinotti YS 4901 Gulfshore Boulevard North, Unit 1101 Naples, FL 34103 '3'oc.. T- �9 Fran Stoianoff 1 r� f- U,N. 1 c�C1 1 120 Cooper Drive po'S Vet' N ,t3 Naples, FL 34103 7a Faye D. Reddick 4031 Gulf Shore Boulevard North P14 Naples, FL 34103 Tucky P. Ramsey 1300 L'Ambiance Circle, #101 Naples, FL 34108 Timothy J. Gillett 3230 Bermuda Isle Circle, #1028 Ni aple , F 3410q z/ L.J Ap - f�•� 1535 Whispering Oaks Circle Naples, FL 34110 3 �- U Aq IFS YE S NO �E S ( TA a f1D aN° AGE IT No. ND JUN 22 1999 Pg. X.C. COMMUNITY HEALTH CARE AD HOC COMM COMMISSION DISTRICT Pa -,%,CQL '11 - lob . Pat Barton KO y.c°5 �jh 605 Palm Circle East r Naples, FL 34102 Martha J. Durham 1� 2 N p 3220 70th Street Southwest J C-S Naples, FL 34105 Jacquelyn Gillespie Yes Z '!C 421 -A Meadowlark Lane 11 Naples, FL 34105 Robert H. Finkernagel, III S ,E 1003 Angler's Cove Apt' 'a03 Marco Island, FL 34145 Thomas G. Schneider 704 Turkey Oak Lane ` Naples. FL 34108 Robert E. Johnson 11246 Phoenix Way S S � Naples, FL 34119 Sr. Judy Dohner — S�p.f� A '"j rh 1006 New Market Road 1 e5f YE S Immokalee, FL 34142 Alfred R. Bozzo 7 E�. *4-'-- 520 Taylor Court 7 Marco Island, FL 34145 Richard R. Gyorkos P.O. Box 3126 � S 3 Qa Naples, FL 34106 Darrell E. Ward �E S ,� o 3150 La Costa Circle, 4203 Naples, FL 34105 Matthew Levine �f' RO 6610 Cutty Sark Lane Naples, FL 34104 AGE NA LTEM No. JUN 2 2 1999 P9• / C.C. COMMUNITY HEALTH CARE AD HOC COMM COMMISSION DISTRICT Pearl Palfreeman 5200 County Road 951 144 Naples, FL 34114 Thank you for your help. -6- r A AGEN I No. JUN 22 1999 NAM I OF COLLIER COUNI"f A FAMILY ORGANIZATION FOR PEOPLE WITH BRAIN DISORDERS E33A :2 CF D.PE -- MAY 2 4 1999 May 20, 1999 J;:DI E:ANS O- PRESIDEN? - Commissioner Tim Constantine _ E J 3301 Tamiami Trail E = - >R Board ofCounry Commissioners Naples, Florida 34112 Dear Commissioner, - - Thank you for returning my telephone call on May 19. NA:LII of Collier County is certainly pleased to know we will have representation on the Health Care Committee. = Please be advised our member will be Co President of NAVII: Pamela Collett ARNP C/o ,I AMI 660 9th Street North Suite 32C ' Naples, Florida 3402 Telephone: 941434-6726 y Fax: 262 7886. We look forward to working with you on the committee. �•.�'._E -Ti:FI r:.._z__= Iremain ..., .. Very truly yours, DI: Kathryn Leib Hunter Executive Director Cc: Pamela Collett AGENb lUrM No. JUN 2 2 1999 C r 660 NINTH STREET NORTH, SUIT2 32 • 6OX 92C • NAPLES - FLORIDA 3 +1,^,.2 • PHONE 941 434 6726 • FAX '.941 2E2 '866 06/03/1999 09:44 9412615601 AMERICAN RED CROSS PAGE 01 �.- Bosom Buddies Breast Cancer Support, Inc. A Florida Not -tor -Profit Corporation Tax Exempt Under Internal Revenue Code Section 501(c)(3) FEIN 65 - 0539336 '"-'4 of 4-w! rani is i... Officers & Directors Anne L. Sebuch * President / Treasurer Chairman of the Board Joctta D. Abbazio' Executive Vice President Vice Chairman of the Board Lois Werner Secretary / Director Jane Turken • Director Roberta Gentil • Director Advisory Hoard Mary Jane Balun. RIB: Debra Freeman, MD Cynthia Havel* Jcrri Kautsky, CPA Marla Olsvig Ramsey Wm. J.Schuch Betty Stuver Sally Van Buskirk Janet Weisberg Sharron West • Jean A. Woodilla, LMT Bonnie Ya:rington • "Breast Cancer Survivor June 3, 1999 Via Facsimile Transmission • Total 2 Pages Mrs. Sue Felson Fax # 774-3602 Re: Community Health Care Ad Hoc Committee Dear Mrs. Felson, I am considering serving on the referenced Ad Hoc Committee. Please advise when I can mail information on our two Bosom Buddies Organizations and our outreach programs. My direct he is 514 3150. Sincerely, Anne L. Schuch President / Chairman Enclosure 776 Willow Brook Drive 0802, Naples FL 34108 - 8541 Phone (941) 514 3845 / Fax (941) 514 3846 e -mail - wsnobiggie@juno.com http:// www .go- icons.com/bosombuddies.htm � ',ENIIA IT Igo. J U N 2 2 1999 i Pg. 06/03/1999 09:44 9412615601 AMERICAN RED CROSS PAGE 02 About the Schuchs Anne L. Schoch is the Co-Founder, President and Chairman of the Board of Bosom Buddies Breast Cancer Support, Inc., a not - for - profit corporation organized to provide financial assistance to medically indigent and underserved women in Southwest Florida afflicted with breast cancer and /or lymphedema. Ms. Schuch, a breast cancer and lymphedema survivor, is also founder and director of the Bosom Buddies Breast Cancer and Lymphedema Support Group of Naples, Florida, the first such support group in Collier County focused on these two diseases. She is a certified Reach to Recovery counselor for the American Cancer Society and served for several years on the American Cancer Society's Southwest Florida Task Force on Breast Cancer. Anne is a breast cancer patient advocate and was a prime mover in the establishment of the Lymphedema Treatment Program at Naples Community Hospital. Wm. J. Schoch is the former Chief Accounting Officer of a Fortune 1000 Company. He is a co-founder of Bosom Buddies Breast Cancer Support, Inc. and has written a number of articles on Lymphedema for laypersons. He has worked directly with the Medical Director of Florida Medicare in the establishment of Medicare coverage for the treatment of lymphedema by Complex Decongestive Physiotherapy and bas conducted Continuing Education sessions on lymphedema for the Florida Chapter of the Mamographers Radiological Society and the nursing staffs of the NCH Healthcare System. He is co-author of the ongoing community education ieminars on lymphedema being offered jointly by the NCH Healthcare System and Bosom Buddies. He co-chaired the Advocacy and Collaboration workgroop at the recent extraordinary international conference on Lymphedema hosted by the American Cancer Society. He maintains the Bosom Buddies Web Site on the World Wide Web and counsels lymphedema patients on the Web. The Schuchs have served as members of -the Board of Directors of the National Lymphedema Network (NLN). He is presently its Chairman. The NLN is a national organization headquartered in San Francisco dedicated to educating physicians and the general public about lymphedema, its prevention and treatment. Biennially, the NLN sponsors an international conference of the world's leading lymphologists. For more information visit the Bosom Buddies home page on the World Wide Web: http!//Www.go-icons-com/be3ombuddles.htm AGEND AT No. JUN 2 2 1999 Pg._C-- MEMORANDUM DATE: June 1, 1999 TO: Dr. Charles Konigsberg, Health Department Director FROM: Sue Filson, Administrative Assist Board of County Commissioners` RE: Collier County Community Health Care Ad Hoc Committee As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Alfonse A. Cinotti 4901 Gulfshore Boulevard North, Unit 1101 Naples, FL 34103 Fran Stoianoff 1120 Cooper Drive Naples, FL 34103 Faye D. Reddick 4031 Gulf Shore Boulevard North Naples, FL 34103 Tucky P. Ramsey 1300 L'Ambiance Circle, #101 Naples, FL 34108 Timothy J. Gillett 3230 Bermuda Isle Circle, #1028 Naples, FL 34109 Eva C. Hoff 1535 Whispering Oaks Circle Naples, FL 34110 AGEN A I No. J J � 2 2 1999 WE Pat Barton 605 Palm Circle East Naples, FL 34102 Martha J. Durham 3220 70th Street Southwest Naples, FL 34105 Jacquelyn Gillespie 421 -A Meadowlark Lane Naples, FL 34105 Robert H. Finkerna9el, III 1003 Angler's Cove Marco Island, FL 34145 Thomas G. Schneider 704 Turkey Oak Lane Naples, FL 34108 Robert E. Johnson 11246 Phoenix Way Naples, FL 34119 Sr. Judy Dohner 1006 New Market Road Immokalee, FL 34142 Alfred R. Bozzo 520 Taylor Court Marco Island, FL 34145 Richard R. Gyorkos P.O. Box 3126 Naples, FL 34106 Darrell E. Ward 3150 La Costa Circle, #203 Naples, FL 34105 Matthew Levine 6610 Cutty Sark Lane Naples, FL 34104 AGEWA I No. JUN 2 2 1999 Pg.� Pearl Palfreeman 5200 County Road 951 Naples, FL 34114 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time - frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments AGEN 1 No. JUN 22 1999 Pg. KELLY, PRICE, PASSEDOM09 SIKET & SOLIS LLP ATTORNEYS AT LAW GREY OAKS BUILDING IN POINCIANA PROFESSIONAL PARK SUITE 315 2640 GOLDEN GATE PARKWAY NAPLES, FLORIDA 34105 -3203 TELEPHONE TELECOPIER (941)261 -3453 (941)261 -5711 May 28, 1999 Collier County Board of County Commissioners 3201 East Tamiami Trail Naples, Florida 34112 Attn: Sue Filson Re: Collier County Community Health Care Ad Hoc Committee Dear his. Filson: In connection with the above referenced Ad Hoc Committee which the Board of County Commissioners is currently forming, I am pleased to enclose herewith a Letter of Intent and Curriculum Vitae of Alfonse A. Cinotti, M.D. Dr. Cinotti is uniquely qualified to serve on this committee. Prior to his retirement, Dr. Cinotti was the Chairman of the Department of Ophthalmology of the University of Nedicine & Dentistry of New Jersey. He directed the Ophthalmology programs in the three largest hospitals in New Jersey and was responsible for the training of over 300 Ophthalmologists, some of whom are now practicing in Florida. He also implemented numerous outreach programs throughout New Jersey while also maintaining for over fifty years a busy medical and surgical practice. Upon moving to. Naples, in December, 1996, Dr. Cinotti received a licence from the Florida Board of Nedicine as a Volunteer Health Care Provider and joined the staff at the Senior Friendship Center. He also served on the FoCus Healthcare Task Force cha +ring the Professional Volunteers in Medicine and Healthcare committee. I am please to recommend D Community Health Care Ad Hoc C )er of the Collier County AGEN?V _ _Lr No. JUN 22 1999 ALFONSE A. CINOTTI, M.D. 4901 Gulfshore Boulevard North Unit 1101 Naples, Florida 34103 May 28, 1999 Collier County Board of County Commissioners 3201 East Tamiami Trail Naples, Florida 34112 Attn: Sue Filson Re: Collier County Community Health Care Ad Hoc Committee Dear )tics. Filson: Please consider this as my application for appointment to the Collier County Community Health Care Ad Hoc Committee. Attached hereto is a copy of my Curriculum Vitae and the report prepared by the Professional Volunteers in Medicine and Healthcare committee of the FoCus Healthcare Task Force. Please advise if there is any additional information you may require. JUN 22 1999 Pg. -'- Veri=lnilv you s, - j rj/ A.A. bnotti, h1-D. JUN 22 1999 Pg. -'- E 5118i'9S CURRICULUM VITAE NAME: ALFONSE A. CINOTTI, h1D HOME. 4901 Gufshore 51 N 91101 Naples Fl. 341 =3 Te!epicne: 941 261 2-,— OFFICE: UMC NeNJerseyMedcal Spool Eye Instt:-rte of N J Cepartment of Ccr7 almdcgy 90 Bergen Sired. Rm 615E Nenrark. NJ 071=3 2499 Teie-phcne: 201 - 982 -2036 1 3. 4. 6. S. 7. 8. EDUCATION a For&2m University. NeN York. NY 1939 -43 ES b Sate University of N.Y.Health Science Ce -er Erccklyn NY M D 194: -:E M D POST- DOCTORAL & HOSPITAL TRAINING a Crance Memcnaf Hcspital. 154E Internship Jersey Cry Mescal Cerner..N' 1949 -50 Residency Columaa University Eye Irx ^.::e. NY 1;50 -1`_0 Eavc Science Curse New York Eye d Ear Infirmary, NY 1951 -53 Resdercy COr7:aimdcgy b None MILITARY: LL Q 9.) U S. Navy 1947 -S. Lt U S. Naval Hcsptal SL Albans, NY!iE1 -t152 LICENSURE S EXAMINATION a New Jersey - 12348 (1947) Expranon. June 30, 195E b New York - 3775 (1S5 =i Inactve CERTIFICATION a. Soec:aity Board American &.-arC cf Cpn�,almOlOgy 1SE3 b Cub- stxcialty Ecard Fe!Ici: Amencan Ccilege cf Curgecns 19E5 NARCOTICS CERTIFICATION a N J. CDS t! DC;.82 Expraton Date: June 30. 1995 b N.J CEA 9 AC2618ISO Exc raaon Date: August 31, 1995 UNIVERSITY APPOINTMENTS UNIVERSITY CF MEDICNE S DENT1,, rtY CF NEN JERSEY, NEWARK Research Associate, Physidogy 1956 -E2 Cirvcal Assistant Professor, Div of OPh7+almdogy 1958 -63 Associate Professor & Director, Div of Oprtthalmology 1963 -72 Professor d Drector. Division of Ophthalmology 1972 -74 Professor & Chairman, Departnia, of Ccn7t21m0I0gy 1974 -93 Professor & Chairman Emeritus, Dept. OF OPHTHALMOLOGY 1993- NEW JERSEY INSTITUTE OF TECHNOLOGY, NEWARK Adjunct Professor. Center for Biomedical Engineering 1985 - present HOSPITAL APPOINTMENTS EYE INSTITUTE OF NEW JERSEY, NENARK Medcai Drector 1970-1993 UNIVERSITY HOSPITAL, NEWARK, NJ Chid of Ophthalmology Service 1970-1593 Attending, Ophthalmology 1970 - presort AGEND IT No- JUN 22 1999 1 UNITED HOSPITALS MEDICAL CENTER, NEWARK EYE & EAR UNIT Chairman, Ophthalmology 1970 -1992 Active Staff, Ophthalmology 1970 - present NEW YORK EYE & EAR INFIRMARY, NYC Senior Assistant Surgeon 1957 -59 Director, Specialty Clinics 1956 Director, Glaucoma Diagnostic Clinic 1959.64 Consultant, Glaucoma 1964 -1992 JERSEY CITY MEDICAL CENTER, NJ Attending Physician & Director of Ophthalmology 1965 -1987 CHRIST HOSPITAL, Jersey City - Consultant CLARA MAASS MEMORIAL HOSPITAL, Belleville - Caisuitant PATERSON EYE & EAR HOSPITAL, Paterson - Consultant GREATER PATERSON GENERAL HOSPITAL, Paterson - Consultant ST. JOSEPH'S HOSPITAL, Paterson - Consultant HEBREW HOME & HOSPITAL, Jersey Qty - Consultant VEi ERANS ADMINISTRATION HOSPITAL, East Orange - Consultant 9. OTHER PROFESSIONAL POSITIONS AND MAJOR VISITING APPOINTMENTS VISIING PROFESSOR OF OPHTHALMOLOGY, Autonomous Univ of Guadalajara, Mexico, Spring 1974 POST- GRADUATE INSTITUTE OF OPHTHALMOLOGY OF THE AMERICAS Associate Director 195663 Member, Executive Committee 1965 -1992 REHABIUTATION INSTITUTE OF NEW YORK UNIVERSITY, NYC Staff Ophthalmologist 1954 -56 MARY MANNING WALSH HOME, NYC Staff Ophthalmologist 1954 -57 NEW YORK EYE & EAR INFIRMARY Alumni Association - Secretary 1954 -57 Vice President 1967-68 President 1968 -69 10. AWARDS AND HONORS a. Service Medal, Newark Host - Lions Clubs 1976 b. Honor Award, American Academy of Ophthalmology - October 22, 1978 c Outstanding's Qbzen's Award, New Jersey Lions, District 16-A, 1981. d Honoree - 75th Anniversary of the N.J. State Commission for the Blind &Visually Impaired - Category 0i6. Outstanding Member of the Professional Community in terms of serving blind & visually impaired persons, January 30,1985- e. Distinguished Alumnus Award, New York Eye and Ear Infirmary Alumni Association - May 29, 1987. f Distinguished Alumnus Award, 50th Reunion, Dickinson High School Class of 1939, October 15, 1989. g Honorary Member, Trento Amid, June 6, 1991. h "Success is our Vision' Award, N.J. State Commission for the Blind &Visually Impaired, October 4, 1991. I. Senior Honors Award, American Academy of Ophthalmology, November 1991. ) Faculty of the Year Award, UMD -New Jersey Medical School, Sept. 13, 1992. k. Outstanding Contributions as a Commissioner, Joint Commission on Allied Health Personnel in Ophthalmology. November 1992. I Leadership Award, New Jersey Academy of Ophthalmology & Otolaryngology, December 2, 1992. M. Distinguished Service Award, Peter W Rodno Jr., Law Society, Seton Hall University Septenber 26, 1996. N. 11. BOARDS OF DIRECTORSITRUSTEES Member, Board of Trustees, Eye Institute of NJ 1970 - present Member, Board of Trustees, Newark Eye & Ear Unit, United Hospitals Medical Center 1977 -79 Member, Board of Trustees, New Jersey State Commission for the Blind & Visually Impaired 1971 - 1976 & 1980- 1995 & Chairman, Board Of Trustees, 1993 - 1995, Member, Board of Trustees, Executive Committee, & Chairman Medical Advisory Committee National Society to Prevent Blindness -New Jersey. 1975- 1995 Member, Board of Trustees, New Commvicty Corporation, Newark, NJ, 1993 - present 12. MAJOR COMMITTEE ASSIGNMENTS a. National and Regional (listed under each organization) b. Medical School AGEN IT No JUN 2 2 1999 .a j 13. UMD -Nevv Jersey Medical School, Newark, NJ Chairman, Pudic Affairs Committee 1970 -75 Member, Board of Concerned Citizens (Marttand) 1972 -74 Vice Chairman, Faculty 1973 -74 Chairman, Faculty 1974 -75 Member, Faculty Council 1972 -1993 Chairman, Public Relations Committee - UMDNJ 1973 -75 Chairman, Institutional Planning & Deveopmenf Comm. 1974 -76 Member, Deans Committee - E.O.V.A. 1977- 1995 Chairman, Institutional Planning & Development Comm. 1978 -79 Member, Faculty Organization Review Comm on Promotions 1980 -81 C. Hospital New York Eye & Ear Infirmary, NYC Director, Residency Trainng Program 1955 -59 Secretary, 0inical Conferences 1956 -59 Responsible for organizing oral exams for American Board of Ophthalmology 1957 -63 Senior Assistant Surgeon 1956 -59 President, Alumni Association 1979 University Hospital Chairman, By -Laws Committee 1983 - 1990 -member 1990 -1993 Member, Clinical Practice Committee 1990 -1995 Member, Executive Committee 1970- 1993 d. Department Member, Medical Education Committee 1974 -1995 e. Editorial Boards Member, Manuscript Review Board, New Jersey Medicine (formerly the Journal of the Medical Society of NJ) 1976-pres Member, Siohtsavino Editorial Board, National Society to Prevent Blindness, Inc. 1983 -1990 MEMBERSHIPS, OFFICES & COMMITTEE ASSIGNMENTS IN PROFESSIONAL SOCIETIES MEDICAL SOCIETY OF NEW JERSEY Member 1952- present Chairman, Eye Health Screening Program 1959 -1993 Chairman, Sight Conservation Committee 1972 -77 & 1980 -1993 Member, New Jersey Medicine Mam script Review Board 1974 -1993 Consultant, Committee on Medical Education 1980 Member, House of Delegates NEW JERSEY ACADEMY OF OPHTHALMOLOGY & OTOLARYNGOLOGY Member 1956 - present Secretary 1958 -60 Vice President 1972 -73 President 1974 -75 Member, Board of Govemors 1968 - present AMERICAN ASSOCIATION OF OPHTHALMOLOGY Member, Committee on Paramedical Training 1967 Member, Board of Trustees 1974 Member, Committee on Audiovisual- Public Relations 1975 -80 President -Elect 1977 President 1978 Established Liaison Committee for American Academy Merger 1979 -80 AMERICAN ACADEMY OF OPHTHALMOLOGY & OTOLARYNGOLOGY Fellow 1953-present Member, Board of Councillors 1981-84 Member, Public Information Committee 1983 -1990 National Chairman, Workers Eye Health Project 1964 -1986 Member, Committee on Federal Systems 1985 Member, Ethics Appeals Committee 1985 -1991 AMERICAN MEDICAL ASSOCIATION Member 1952 - present Representative, Section Council on Ophthalmology 1976 -1991 Representative, Section Council on Medical Schools 1976 -1991 Alternate Delegate 1978 -1991 NATIONAL ASSOCIATION FOR CRIPPLED CHILDREN Rehabilitation Sub-comrr ttee on Visual Impairment 1962 -64 Member, Task Force on Sensory Impairments 1967 AGEND T No. JUN 22 1999 0 • ir� 3 ASSOCIATION OF UNIVERSITY PROFESSORS IN OPHTHALMOLOGY Member, Orgarwzing Committee Member, Committee on Undergraduate Training 1968 Member, Committee on Paramedical Training 1969 ASSOCIATION OF UNIVERSITY PROFESSORS IN OPHTHALMOLOGY, cont.. Representative to Joint Commission on Allied Health Personnel in Ophthalmology 19772-1992 Member, Committee on Eye Care 1988 -1991 JOINT COMMISSION ON ALLIED HEALTH PERSONNEL IN OPHTHALMOLOGY Incorporator 1969 Member, Board of Directors 1970 Chairman, Committee on Continuing Educati on Training 8 Acredi tat on 1979 -1985 Vice President 1972 Treasurer 1976 Member, Aptitude Committee 1978 Member, Committee on Manpower 1978 Member, Ethics Committee 1978 Chairman, Information 8 Pudic Relations Committee 1984 -1992 Member, Program Approval Committee 1985 -1990 Member, Ad Hoc Task Analysis Committee 1984 -1991 AMERICAN COLLEGE OF SURGEONS Fellow 1955 Member, Committee on Applicants (NJ District 92) 1974 -1985 AMERICAN INTRAOCULAR IMPLANT SOCIETY Member 1981 -1992 Alternate Delegate to AMA 1980 -90 NATIONAL SOCIETY TO PREVENT BLINDNESS -NEW JERSEY Member, Board of Directors & Executive Committee 1978 -1994 Chairman, Medical Advisory Committee 1978- 1994 NEW JERSEY STATE COMMISSION FOR THE BLIND & VISUALLY IMPAIRED Member, Board of Trustees 1971 -76 & 1980 -88 Chairman, Board of Trustees 1992 -1994 LIONS EYE BANK OF NEW JERSEY Founder 8 Member, Board of Trustees 1970 - present INTERNATIONAL EYE FILM LIBRARY Member, Editorial Board 1966 -1986 OPHTHALMOLOGICAL SOCIETY OF NORTHERN NEW JERSEY Member 1965- present Secretary- Treasurer 1965 President 1973 NEW YORK OPHTHALMOLOGICAL SOCIETY Member, 1975 - present Secretary7reasurer 1992 NEW JERSEY STATE MEDICAL UNDERWRITERS, INC. Member, Board of Governors 1977 -83 NEW JERSEY STATE DEPARTMENT OF HEALTH Member, Therapeutic Qualifications Review Board 1982 -84 MOUNT CARMEL GUILD, NEWARK, NJ Member, Advisory Board for Div. of Visually Handicapped 197682 ALCON LABORATORIES, INC. Member, Surgical Advisory Council 1978 -81 NEW YORK ACADEMY OF SCIENCES Member 1971 -81 HUDSON COUNTY MEDICAL SOCIETY Member 1952- present Chairman, Sight Conservation Committee Treasurer 1974 -75 Secretary 1975 -76 President -Elect 1976 -77 President 1978 -79 Member, Executive Committee 1977 -1990 Member, Steering Committee on Cost Containment 1978-83 Member, Ad Hoc Committee to Establish an IPA 19783 AGEN I NA JUN 2 2 1999 4 14. 16. 16. 17 S ESSEX COUNTY DIVISION ON AGING Member, Advisory Board for Project 'Visual Impairment & Aging' 1984 -1990 MAJOR RESEARCH INTERESTS: Cataracts, Glaucoma GRANT HISTORY: a. Principal investigator or P.I. of Subcontract Cinotti AA: Ophthalmology Development Grant. Seeing Eye, Inc. ($26,000) 1969 -70. Onott AA: Eye Health Screergng in NJ, US Public Health Service, Department of Health, Education & Welfare ($63,477) 1969 -i 1. Onott AA & Maltzman BA A Clinical Trial of Labetalol Ophthalnc Solution 1 %. ($10,000) Schering- Plough Corporation 1980 -81. a. Principal Investigator or P.I. of Sub - contract, cont... Onotti AA, Onotti DJ, Grant WF, Jacobs IA & Fitzgerald, BA: A Double-Masked Study to Determine the Safety arw Ocular Hypotensive Effect of L Bunolol in Open Angle Glaucoma. ($71,792) Allergan Pharmaceuticals 1982.86. Onalt AA & Pokomy K: Construction of a New Research Floor. (3126,000)NIH 1986 -1992. (125,000) Matching grant Lions Research Foundation Onott AA: Developmental Grant ($40,000) Research to Prevent Blindness, Inc. 1988 -90. Onetti AA. Unrestricted Grant. Research to Prevent Blindness, Inc. ($60,000) 1991 (366,000) 1992 ($66,000) 1993 Onott AA: Unrestncted Gran. Lions Eye Research Foundation, (360,000)1991 -92 (340,000) 1992 -93 Gnotti AA, Jacobs IH, Shah, P Study to Compare Efficacy of 2% Pilasite b.i.d. and 2% Pilocar q.i.d. in the Treatment of Glaucoma- Pharmatech. Inc. ($26,000) 1992 -93 b. Co-Investigator White JH & Onotti AA: Effect of Selected Drugs on Streptozotocin-Induced Cataracts. Fight for Sight, Inc. ($3,700) 1969 -70 Caputo AR & Onott AA Fignt for Sight Children's Eye Center. Fight for Sight, Inc. ($316 ,423) 1971- 1991 Patti J & Cinott A: Regional Educations Programs in Diabetic Retnopathy for Physicians and Allied Health Personnel. Nev Jersey Regional Medical Programs. Inc. (336,000) 1975 -76 Farnsworth PN, Fu S-CJ & Onott AA: Comparative Study of Aging of the Crystalline Lens. ($276,000) NIH 1977.83 Fu S-CJ, Onotti AA, Fams+worth PN, Ocken PR & White JH: Progression of Cataractogenesis & Possible Reversal. ($316,668) NIH 19783 Fu S-CJ, Lysz T, White JH, Onotti AA, et al: Characterization of Prostaglandins in Mammalian Lenses. ($207,978) NIH 1983 -89 Farnsworth PN, Sdtleich TW, Pokomy KS, Onotti AA & Mauhello JA: Lens Functional Indces: Correlation with NMR Data. ($1,008,784) NIH 1985- 91 Onotti DJ & Onotti AA: The Effect of Intraocular Pressure and Ophthalrc & Systemic Safety of Two -Year Treatment with Carteoloi Ophthalmic Solution. ($6,000) Burroughs - Wellcome Company 1987 -88. MAJOR TEACHING EXPERIENCE in all aspects of ophthalmology to medical shidents, residents, graduate students and allied health personriel. PRINCIPAL CLINICAL AND HOSPITAL SERVICE RESPONSIBILITIES (Listed under each hospital) 18. MAJOR ADMINISTRATIVE RESPONSIBILITIES (Listed under each orgarozation) AGE No. JUm Z 2 1999 Pg.- 3 19. PRIVATE PRACTICE Hudson Eye Physicians 8 Surgeons, PA Telephone: 201 -963 -3937 600 Pavonia Avenue Jersey City, NJ 07306 Eye Institute of New Jersey Telephone 973 -982 -2036 Doctors Office Center UMD -New Jersey Medical School 90 Bergen Street, 6th Floor NevLark, NJ 07103 -2499 AGE jrNo. JUN 2 2 1999 Pg• 2 A 7 PUBLICATIONS 1. Gmtti, AA & Jacobson, JH: Complications Following Cataract Extractions: An Analysis of 1,001 Cataract Operations. AMER J OPHTHALMOL 36 (7),929-936, toy; 2. Chest, M, Goodstein, S, Berens, C & Gnott, A: Glaucoma in Medical Practice - Danger of Use of Systemic Antispasmodic Drugs in Patients Predisposed to or Having Glaucoma. J AMER MED ASSOC 166(3) :1276 -1280, 1958. 3. Goodstein, S, Cholst, M & Cinotti, A. A New Techroque for Goniophotography. AMER J OPHTHALMOL, May 1958. 4, Cholst, M, Goodstein, S. Berens, C & Onotti, A: Early Diagnosis of Glaucoma. MODERN MEDICINE pp 128 -129, May 15, 1960. 5, Gnoth, AA: Visual Problems of the Diabetic. NJ STATE DEPT OF HEALTH PUBLIC HEALTH NEWS 42(4) 107 -108, 1961 6. Cinotti. AA & McAlpine, PT: Surgery of Esodeviations J MED SOC NJ 61 (12): 517-519,1964. 7. Chambers, R & Gnott, AA. Functional Disorders of Central Vision. AMER J OPHTHALMOL 59 (6): 1091-1095,1%4. B. Gnotti, AA, Siliquini, JJ & Long, Jr , DL: Reinforcing Anesthesia in Cataract Surgery ARCH OPHTHALMOL 4(g):360 364, 1965. 9. Gnotti, AA: Comeal Manifestations of Systemic Diseases. J MED SOC NJ 62(12) :5S4-557,1965. 10. Gnott, AA & Siegel, R: Eye Health Screening in New Jersey. THE SIGHT SAVING REVIEW XXXIV(3):148 -151. 1 -964. 11. Atchoo, P, Hionis, M & Cinotti, AA: A Practical Drape for Eye Surgery. ARCH OPHTHALMOL 75(4):508-509,1966, 12. Cinotti, AA & Siliqu ni, JJ: Anthistaminic Therapy of Chronic Dacryocystitis. AMER J OPHTHALMOL 62(6) :1116 -1118, 1966. 13. Vollmer, R.W & Gnotti, AA: Dislocated Lens MEDICAL TRIAL TECHNIQUE QUARTERLY, XIII( 3):11-17.196T 14. Onotti, AA & Rados WT Ocular Aspects of Reading Disabilities. J MED SOC NJ 64(10): 551 - 53. 1967. 15. Lambros, JE & Gnob, AA: &lateral Traumatic Dislocated Lens into the Anterior Chamber. AMER J OPHTHALMOL 63(3) Part I: 512 -514, 1967, 16 Cinotti. AA & Patti, JC. Lens Abnormalities in an Aging Population of Nonglaucomatous Patients. AMER J OPHTHALMOL 65 (1): 25-32,1968. 17. Lee, K, Hodes, J, Greenberg, L & Cinotti, AA: Three Rare Cases of Unilateral Exophthalmas. RADIOLOGY 90( 5):1009-101s.196& 18. White, JH & Cinotti, AA: The Inhibition of Growth of Micro organisms by Topical Anesthetics. EYE. EAR, NOSE & THROAT MONTHLY 32 (6): 22-25,1970. 19. Stephens, GM, Cinotti, AA & Kebel, G. Electrorebnographic Response & Adaptation in Chronic Alcoholics. PROC OF THE VIII INTERNATIONAL SOCIETY FOR CLINICAL ELECTRORETINOGRAPHY SYMP, Pisa, Italy Editor: A Worth, pp 269-276.1970. 20. White, JH & Gnotti. AA Streptozotocin- Induced Cataracts and Miotics. ANN OPHTHALMOL 3(6) b83-640, 1971. 21, Greenberg, LIM Maunello, DA; Cinotti. AA & Buxton, JN: Erythema Multiforme Exudativum (Stevens-Johnson Syndrome) following Sodium Diphenylhydantoin Therapy. ANN OPHTHALMOL pp 137 -139. February 1971. 22. Lazaro, EJ: Gnctti AA, Eichler, PH & Khasra)a. AA: Amaurosis Due to Massive Gastrointestinal Hemorrhage. AMER J GASTRO ENTEROLOGY 55(1):50 - 531971 23. White, JH & Gnott, AA Experimental Fungal Contamination of the Conjunctiva. EYE, EAR, NOSE & THROAT MONTHLY 50(11):67-70,1971. 24. Stephens, G, Cinotti, AA, Saper, L & Leaman. J: A Method for Obtaining a Reliable Visual Evoked Response. PROC OF THE VIII INTL SYMPOSIUM FOR CLINICAL ELECTRORETINOGRAPHY, Istanbul, Turkey, Editor: A Worth, pp 64 -71, 1971. 2S. Gnotti, AA & Ouinones, MA: Eye Health Screening: Medical Society's Experience. J MED SOC NJ 69(10) :873-878,1972. 26. White, JH; Stephens, GM & Cinotti, AA: The Use of Povidone Iodine for Treatment of Furxp in Rabbit Eyes. ANN OPHTHALMOL 4: 855556, 1972. 27. White, JH & Onotti. AA: Streptozotocin- produced Cataracts in Rats. INVEST OPHTHALMOL 11(1): 56-57,1972. 28. Canon, AA & Quinones, MA: Eye Screerng in New Jersey. SIGHT-SAVING REVIEW 42(2):107-114,1972. 29. Quinones, MA & Cinotti, AA: Multiphasic Screavng in Newark. J MED SOC NJ 72(l):31 -33, 1975. 30 Patti, JC & Cinotti, AA: Iris Photocoaguiabon Therapy of Aphakic Pupillary Block. ARCH OPHTHALMOL 93(5):347-348,1975. 31. Maltzman, B. Sutula, F & Cinotti, AA: Toxic Maculopathy Part I. A Result of Quinine Usage. ANN OPHTHALMOL 7(10):1321-1326.1975. 32. Onotti, AA & Maltzman, BA: Prognosis and Treatment of Perforating Ocular Injuries (The John LLhr Memorial Lecture). OPHTHAL SURG 6(4):54.61, 1975. 33. Lim, JKS & Cinotti, AA: Causes for Removal of the Eye: A Study of 890 Eyes. ANN OPHTHALMOL 8(7):865-869,1976. 34. Stephens, G; Onot6, AA; Freeman, J & Barasch, K Is the Increase in Temperature in the Thermofisttlization Operation of Scheie So High as to Cause a Cataract? ANN OPHTHALMOL 8(9):1067-1068,1976, A9 &ND T 35. Smith, NH; Constad WH, Farnsworth, PH & Onotti, AA: Tomographic Measurements of In Vivo Cataracts by Slit -Lamp Ph tograahy. CH 95(11):1989 -1994, 1976. 36. Farrvawrth. PH, Maundlo, JA: Bake- C,adorrsid, P; Kulyk, T & Gnoth, AA: Surface Ultrastruct re of the Human Lens Capsule Zoral���l ch . P g . �_ OPHTHALMOL MS SCI 15(l):36-40,1976 37. FarrmAmrth, Phi; Burke- Gadmonsla, PA; Kulyk, T; Maunello, JA & Onotti. AA: Surface Ultrastructure of the Epithelial Cells of the Mature Human Lens. EXP EYE RES =(6):615 -624, 1976. 38. Stephens, G. Cinotti, AA; Hwa, C; Caputo, A. White. JH & Vicenti, L: A Case of Unilateral Retirtis Pigmentosa Sine Pigmento. DOCUMENTA OPHTHALMOLOG)CA PROC SERIES, Dr W Junk by Publishers, The Hague, Netherlands 1977,-pp 269 -73. 39. Stephens, G; Onotti, A, Hwa, C, Caputo, A. Bastek, J & White, JH: Central and Peripheral Retinal Degeneration in a Family: A Study of the ERG and Fields DOCUMENTA OPHTHALMOLOGICA PROC SERIES, Dr W Junk by Publishers, The Hague, Netherlands, 1977, pp 26368. 40 Bastek, J: Bogden, J. Onotti, AA, Tenhove. W; Stephens, G. Markopoulos, M. & Charles, J: Trace Metals in A Family with Sex -linked Retinitis Pigmentosa, RE71NITIS PIGMENTOSA (1976) Plenum Publishing Corp, New York, 1977, pp 43-50. 41. Fanvwwrth, PN; Burke, P, Dotto, ME & Cinotti, AA: Ultrastructural Abnormalities in a Marfan's Syndrome Lens. ARCH OPHTHALMOL 95(9):1601 -1606, 19777 42. Stephens, GM; Cinotti, AA; Caputo, AR; Veltri, EP & Vigonto, AA: The Importance of the Orientation of the Magnetic Tip for the Extraction of A Magnetic Foreign Body. PROC SAN DIEGO SIOMEO SYMP 1977, Academic Press, Inc., New York, NY, 16:387 -389, 1977. 43. Patti, JC & Onotti, AA: Fluorescein Angiography of the Retina. J MED SOC NJ 74(9):735 -739, 1977. 44. Smith, NH; Rados, WT; Cohen, FB & Onotti, AA: Malignant Lymphoma Presenting As Bilateral Swelling of the Eyelid. J MED SOC NJ 74(11):968 -970, 1977 45. Maltzman, BA; Eng, K & Onotti, AA: Perforating Ocular Injuries —A Second Look. J MED SOC NJ 75(4):317-319.1978 46. Caputo. AR; Smith, NH; Onotti, AA & Angiuoli, D: Definitive Treatment of Congenital Lacrimal Sac Fistula. ARCH OPHTHAL 96(8):1443 -1444, 1978. 47. Stephens, G, Crotti, A, White, J & Veltn, E: Znc -ats Effect on the Oscillatory Potential- DOC OPHTHALMOLOGICA PROC SERIES, Dr W Junk by Publishers, the Hague, Netherlands, 1978,15:53-58. 48. Onotti, AA & Jacobs, IH: Surgical Treatment of Glaucoma. J MED SOC NJ 76(2):122 -124, 1979. 49. Rous, SM, Feldman, MS, Grodin, RW & Onatti, AA: Assistant Controlled Aspiration of Cortex. CONTACT & INTRAOCULAR LENS MED J 5(1):48 -51, April-June 1979 50. Maltzman, BA & Onotti, AA: A New Irrigation- Aspration Needle. AMER INTRAOCULAR IMPLANT SOC J V238, July 1979 51. Maltzman, BA & Cinotti, AA: Extended -Wear Contact Lenses. CONTACT & INTRAOCULAR LENS MED J 5(3):19 -26, July -Sept 1979 52. Onetti. AA: Evaluation of indcationsfor Cataract Surgery. OPHTHAL SURG 10(12)25 -31, 1979. 53. Cnotti, A; Stephens. G, Caputo, A; Wilcox, L & Stephens, E: Diplopa in the Aging Eye and Its Management. J AMER GERIATRIC SOC XXVIII(2) 8467, 1980. 54. Vgorim, A; Stephens, G; Cinoti, A; Michelson, L & Goldstein, P: A Flexible Computer Program for Study of Physio pathological Processes of the Visual System. CCMPUTERS IN ORif1iALIlAOLOGY (Roc I.EEE, April 1979), RH Greenfield, DSc & August Colenbrande, MD (Eds), Publishing Services, Institute of Electrical & Electronics Engineers, Inc, NY, NY, 1979, pp 236 -241. 55 Jacobs, IH & Cinotti. AA: Laser Therapy of Glaucoma. J MED SOC NJ 77(3):187-189,1980. 56, Breakey, AS Cinotti, AA; Hirschman. M; Skowron, RA; Samson, CR & Danng, MR: A double - blind, multi centre controlled trial of 0.025% Oxymetazoline ophthalmic solubon in patients with al]ergic and noninfectious conjunctivitis. PHARMATHERAPEUTICA 2(6):353 -356 1980. 57. Onotti, AA: Ophthalmnology Interface with Federal Governmental Agencies. OPHTHALMOLOGY 87(8):733-735,1980. 58. Maltzman, BA & Onotti, AA: Extended -Wear Contact Lenses - Bilaterality. CONTACT & INTRAOCULAR LENS MED J 6(4):381 -382, October - December 1980. 59. Maltzman, BA; Cinotti, AA & Phillips, Jr, AA: Secondary Glaucoma Associated with Traumatic Indoschisis. GLAUCOMA 3(2):107 -108, March -April 1981. 60. Maltzman, BA; Onotti, AA & Calderon, Jr, JP: Preadmission Evaluation and Elective Cataract Surgery. J MED SOC NJ 78(7):519 -520 1981. 61. Dorrdeid, RA; Jacobs, IH & Onotti, AA: Eye Screening in New Jersey. J MED SOC NJ 78(10)673676 1981. 62. Mgorito, A; Stephens, G; Louis, H; Cinoth, A; Michelson, L & Stephens, E: Computer Processing of Visual Evoked Potentials Utilizing Digital Filtering Techniques. COMPUTER APPLICATIONS IN MEDICAL CARE (Roc 5th Ann Symp of I.E.E.E., Nov 1981, Washington, DC), Henry G Heffernan, SJ (Ed): Institute of Electrical & Electronics Engineers, Inc, Computer Society Press, New York, NY, 1981, pp 1130 -1133. 63, Stephens, G: Vigorito, A; Onoth. A; Louis, H -Michelson, L: A Computer Based Offline Analysis of VER (Visual Evoked Response). DOCUM OPHTHALM PROC SERIES 31:277-283,1982. 64. Braunstein, RA & Cinotti, AA: The Present Management of Diabetic Reebnopathy. J MED SOC NJ 79(3):203-206,1982. 65. Hsiao, YH; Michaels, R; Meyer, AU, Louis, H. Michelson, L; Stephens, GM; Chavis, P & Onotti, AA: A System Offline Analysis & Storage of the Electroretinogram and Usual Evoked Response. FRONTIERS OF ENGINEERING & COMPUTING IN HEALTH CARE (Prot 5th Am I.E.E.E. Engineering in Medicine & Biology Society Conf, Sept 1983, Columbus, Ohio, pp 214 -19. 66. Onotti, AA: Eye Health Screening Week, J MED SOC NJ 8(8).632, 1984. 67. Cinotti A, Onoth D, Grant W, Jacobs I, Galin M. Silverstone D, Shin D, Esters J. Lee J, Bouchey R. Novack G, Du zman E & Lues n Levn&jnno(�i Open -Angle Glaucoma & Ocular Hypertension. Amer J Obhthalmol 99:11 -17, January 1985. �� V 68. Onotti AA, Maltzman BA, Cinotti DJ & Shapiro E: The Nd:YAG Laser in Ophthalmology. J Med Soc NJ 82(10):787 -791, 1985. 1 it J�, �� z z 1999 B P4. J 69. Onoth DJ, Reiter DJ, Maltzman BA & Onotti AA: Neodymium:YAG Laser Therapy for Pseudophakic Pupillary Block. J Cataract Refract Sur g 12(2):174.179, 1986, 70. Rosavnan KC, Valciukas JA, Glickman L; Meyers R, Cinotti AA & Reidenberg M Sensitive Indicators of Inorganic Mercury Toxicity. Arch Environmental Health 41(4)208-215, July /August 1986. 71. Fore PM, Onotti AA: Systemic Effects of Intraocular Epinephrine During Cataract Surgery. Ann Ophthalmol 20(1):23 -25, 1988. 72. Constad WH, Fiore P, Samson D& Onotti AA: Use of an Angiotensin Converting Enzyme Inhibitor in Ocular Hypertension and Primary Open -Angle Glaucoma Amer J Ophthalmol 105(6):674 -477, 1988. 73, Cinotti DJ. Fiore PM, Maltzman BA, Constad WH & Onoth AA: Control of Intraocular Pressure in Glaucomatous Eyes after Extracapsular Cataract Extraction with Intraocular Lens Implantation. J Cataract Refract Surct 14(6).-650-653, 1988. 74. The Levobunolol Study Group: Levobunolol: A Four -Year Study of Efficacy and Safety in Glaucoma Treatment. Ophthalmology 96-642-645,1989, 75. The Levobunolol Study Group: The Effect of Disease Severity on the Success Rate of Beta - Mocker Therapy in Glaucoma. Glaucoma 11:109 -113, 1989 76. Clnctti AA, Beldner S. Haupt EJ, Quinones MA & Onotfl DJ: Eye Health Screening in New Jersey: Retrospect and Prospect In: New Frontiers in Ophthalmology Roc XW Intl Conn Ophthalmol held in Singapore, 18 -24 March 1990; KC Yew, AB Chong, CW Mun, P Chew & ASM Lim (Eds), Excerpts Medica, Amsterdam, Netherlands, 1991, pp 1044 -1048 77. Haupt EJ, Katz R, Chin P, Onoth AA & Frohman L: Distinct pattems of spatial frequency response by normal, recovered optic neuritis, and normal fellow eyes to a new linearly variable neutral density device. Graele s Arch Gin Exp Ophthalmol 231:79-83.11991 21, BOOKS, MONOGRAPHS AND CHAPTERS (authored) 1. Onctti, AA; Optic Nerve and Visual Feld in Glaucoma. In GLAUCOMA UPDATE, G. Peter Halbergm M.D. (Ed.): Inter -Optics Publications, Inc., New York, NY, 1979, pp 37-42. 2. Grant, WF & Onotti, AA: Eye Problems (Chapter 18). In SPORTS MEDICINE FOR THE ATHLETIC FEMALE, Christine E. Haycock. M.D. (Ed.): Medical Economics Co, Book Division, Oradell, NJ, 1980, pp 263 -271. 3. HANDBOOK OF OPHTHALMOLOGIC EMERGENCIES. AA Cinotti, MD, (Ed.), 3rd Edition, MECP Elsevier Science Pub Co. NY, New York 1985. 4. Onoth, AA Eye Examination. (Chapter 1) In HANDBOOK OF OPHTHALMIC EMERGENCIES. AA Onoth, MD (Ed), 3rd Ed, MECP, Elsevier Science Publishing Co, NY, NY 1985, pp 1 -29. 5. Onotti, AA Glaucoma. (Chapter 4) In HANDBOOK OF OPHTHALMIC EMERGENCIES. AA Onotti, MD (Ed.), 3rd Ed, MECP, Elsevier Science Publishing Co, NY, NY 1985, pp 76-87. 6. Caputo, AR & Onotti, AA Sociological Effects of Poor Vision in Children. (Chapter 3) In MODERN CONCEPT OF EYE CARE IN CHILDREN. G Spaeth & R Reinecke (Eds), Charles B Slack, Inc., Thorofare, NJ 1986, pp 23-27. 7. Onoth, AA: Ophthalmology (Chapter 17). In FLEX REVIEW. 3rd Ed, MECP, Elsevier Science Publishing Co, NY, NY 1987, pp 210 -217 & 341 -345. 22. ABSTRACTS 1. Lee. K; Hodes, J, Greenberg, L & Cinotti, A: Three Rare Cases of Unilateral Exophthalmos, MODERN MEDICINE, February 24, 1969. 2. Onotti, AA & Patti, JC: Lens Abnormalities in an Aging Population of Non - Glaucomatous Patients. EYE, EAR, NOSE & THROAT DIGEST, September 1968. 3. Stephens, G; Cinotti, AA; Saper, L & Leaman, J: A Method to Obtain a More Reliable Visual Evoked Response. PROC 8th INTL SYMP FOR CUN ELECTRORETINOGRAPHY, Istanbul, Turkey, p 64, 1971. 4. Stephens, G; Onofb, AA; White, J; Kiebel, G & Manev, I: Optokinetic Nystagmus as a Diagnostic Tod When Separately Retarded form the Macular and Peripheral Area INVEST OPHTHALMOL (Abstract) 1972. 5. Stephens, GM; Inomata, A; Onotti AA; (Gebel, G & Manev, I: Canthi Skin Electrode Method with Comeal Displacemert PROC 9th INTL SYMP FOR CUN ELECTRORETINOGRAPHY, Pergammon Press, New York, NY p 1213, 1972. 6. Maltzman, BA: Onoth, AA: Prognosis and Treatment of Perforation Ocular Injuries. SURGICAL FORUM, American College of Surgeons, XXV: 503-505.1974. 7. Cinotti, AA & Maltzman, BA: Prognosis and Treatment of Perforating Omar Injuries. OPHTHALMOLOGY DIGEST 37 (8): 34-45.1976. 8. Patti, JC & Cinotti, AA: Iris Photocoagufation of Aphakic Pupillary Block. OPHTHALMOLOGY DIGEST 38 (4):19,1976. ��Wg:_ 9. Hart, RH; Fu, SCJ & Onotti, AA: Water-Soluble High Molecular Weight Proteins in Normal and Cataractous Human Lenses. IN Ot�t11Tt 1:49, 1977. (VO 10. Onoth. AA: The Optic Disc and Visual Fold in Glaucoma. INTL OPHTHALMOLOGICAL REPORTER 3(3)2, 1978. ``,,tN' 2 2 1999 JUtr Pg•� 10 - 11. Onotti, AA: Secondary Glaucoma. INTER OPHTHALMOLOGICAL REPORTER 3(12):5-6,1978. 12, Stephens, GM, Onotti, AA, Chavis, PS & Stephens, E: An Objective Non - Invasive Test for the Degree of Aging in the Retina. AGE 3(4):111, 1980. 13 Qnotti, AA Glaucoma Said Not Contraindication to IOL's. OPHTHAL TIMES (ABS) 8(13):40. 1983. 14. Qnotti, AA: Onotti, DJ; Grant, W. Jacobs, I; et al.: Levobunolol vs. Timolol for Open -Angle Glaucoma and Ocular Hypertension. AMERICAN INTRAOCULAR IMPLANT SOC J, 11(5):508. September 1985. (ABS) 15. Hollinshead, MB; Spilled, CR: Onotti, AA, Onotti, DJ & Lazaro, Ej: Thromboplastin Levels in Aqueous Humor as a Possible Marker for Eye Disease. AFCR CLINICAL EPIDEMIOLOGY & HEALTH CARE RESEARCH 36(3):339A, 1988. 16. The Levobunol Study Croup: A Four -Year, Double - Masked, Multi-Center Study of Levobunolol and Tirnolol for the Treatment of Elevated Intraocular Pressure. INVEST OPHTHALMOL VIS SCI (Suppl) 29.62, 1988. 17. Fiore. PM; Constad, WH; Samson, CR & Cinotti, AA: Short Term Study of a Topical Angiotensn Converting Enzyme Inhibitor as an Ocular Hypotensive Agent INVEST OPHTHALMOL VIS SCI (Suppl) 29:83.1988. 18, Onoth, W, Fiore, PM, Maltzman, BA; Constad, WH 8 Onotti, AA: Control of Intraoaular Pressure in Glaucomatous Eyes after Extracapsular Cataract Extraction with Intraccular Lens Implantation. GLAUCOMA REPORTS 2(l):13.1989. 23. REVIEWS 1. Chandler and Grant's GLAUCOMA, 3rd Ed, D.L. Epstein (Ed), Lea & Febiger, Philadelphia, PA, 1986, pp 539. In NEW JERSEY MED 33(5):337,1986. 2. OPHTHALMOLOGY ANNUAL 1987, R.O Reinecke, M.D. (Ed), Appleton- CenturydXofts, Norwalk, CT, 1987, pp 206. In NEW JERSEY MED 84(10):745.1987 24. REPORTS 1. Onotti, AA: CONCENTRATED COURSE IN OPHTHALMOLOGY. Visiting Professor of Ophthalmology, Autonomous Univ of Guadalajara, Mexico, Spring 1974 2. Gnotti, AA GLAUCOMA AND CATARACT COMPLICATIONS. Grand Rounds, Leano Hospital, Guadalajara, Mexico, Spring, 1974. 3 Onotti, AA & Maltzman, BA: PROGNOSIS AND TREATMENT OF PERFORATING OCULAR INJURIES (The John Luhr Memorial Lecture). Presented at the Annual Meeting of the Alumry Association of the New York Eye & Ear Infirmary, New York, NY, Spring 1974. ..� 4. Qnotti, AA: THE OPTIC DISC IN GLAUCOMA. Presented at the Annual Meeting of the American Academy of Ophthalmology, Dallas, Texas, October 1974 5. Stephens, GM & Qnotti, AA: A Method to Obtain a More Reliable Visual Evoked Response. Presorted at the ANNUAL MTG AMER COLL SURG, Miami, Flonda, October 1974. 6. Farnsworth, P; Bvke- Gaclomski, PA & Onotb, AA: RELATIONSHIP BETWEEN ULTRASTRUCTURE OF LENS FIBERS AND ACCOMMODATION IN SEVERAL SPECIES. Presented at the Annual Spring Meeting of the Association for Research in Vision and Ophthalmology, Sarasota, Florida, April 1975. 7. Onotti, AA: CONCENTRATED COURSE IN OPHTHALMOLOGY. Visiting Professor of Ophthalmology, Autonomous University of Guadalajara, Mexico, April 1975. 8, Onotti, AA: COMPLICATIONS OF TRABECULECTOMY. Presented at the 48th Annual New York Eye & Ear Infirmary Clinical Conference in Ophthalmology, New York, NY, May 1975. 9. Onotti, AA & Halberg, GP: THE OPTIC DISC IN GLAUCOMA. Resented at the Annual Meeting of the American Academy of Ophthalmology & Otolaryngology. Dallas, Texas, September 1975. 10. Onotti, AA: DIAGNOSTIC PROCEDURES IN GLAUCOMA. Course for Ophthalmic Assistants, Joint Commission on Allied Health Personnel in Ophthalmology Continuing Education Program, Dallas,Texas, September 1975. 11. Bastek, J; Bogden, J; Onotti, AA; TenHove, W; Stephens, G; Markopoulos, M & Charies. J TRACE METALS IN A FAMILY WITH SEX -LINKED RETINITIS PIGMENTOSA Presented at the Atlantic Section Mtg of the Association for Research in Vision and Ophthalmology, Durham, North Carolina, November 1975 12. Stephens, G; Bastek, J; Cinotti, AA & Markopoulos, M: A FAMILY WITH SEX -INKED RETINITIS PIGMENTQSA Presented at the Atlantic Section Mtg of the Association for Research in Vision & Ophthalmology, Durham, North Carolina, November 1975. 13. Onotti, AA: PRACTICAL OFFICE OPHTHALMOLOGY. Presented at Medical Grand Rounds, St Michael's Medical Carter, Newark, NJ, March 1976. 14. Smith, NH; Constad, W; Farnsworth, PN & Onotti, AA: TOMOGRAPHIC MEASUREMENTS OF IN VIVO CATARACTS BY SLIT LAMP PHOTOGRAPHY. Presented at the Annual Spring Mtg of Association for Research in Vision and Ophthalmology, Sarasota, FL, April 1976, 15. Onotti, AA: ECTOPIA LENTIS. Presented at the Cataract Workshop of the National Eye Institute (NTH), Bethesda, MD, May 1976. 16. Qnott, AA: DIAGNOSTIC PROCEDURES IN GLAUCOMA. Course for Ophthalmic Assistants, Joint Commission on Allied Health Personnel in Ophthalmology Continuing Education Program, Las Vegas, Nevada, October 1976. 17. Onotti, AA & Zack, PL: THE OPTIC DISC IN GLAUCOMA. Course for Ophthalmic Assistants. Joint Commission on Allied Health Personnel in Ophthalmology Contirxang Education Program, Las Vegas, Nevada, October 1976. 18. Qrotti, AA: SUDDEN INTRAOCULAR PRESSURE CHANGES DURING CATARACT SURGERY. Presented at the Pan Amen n McQa1CAsoc'1nAter TE Cong Ophthalmology Prog, Hollywood, FL, October 1976. I O 19. Onotb, AA: THE OPTIC NERVE IN GLAUCOMA Presented at the Post-Gr;iduate Course in Glaucoma, New York Eye & Ear irmary, New Yorf� t�Y, (�tQb�r Pg. -2-9 11 1976 20, Onotti, AA: TRABECULECTOMY. Presorted at the Postgraduate Course in Glaucoma, New York Eye & Ear Infirmary, NY, NY, October 1976. 21. Onotti, AA: THE OPTIC DISC & VISUAL FIELD IN GLAUCOMA. Presented at Columba University Basic Science Course, NY, NY November 1976 22. Onotti. AA: SURGICAL TREATMENT OF DISLOCATED LENS IN MARFAN SYNDROME. Presented at the Annual Fall Scientific Meeting of the New Jersey Academy of Ophthalmology & Otolaryngology, Newark, NJ, November 1976. 21 Onotti, AA: MICROSURGERY OF THE ANTERIOR SEGMENT. Presented at the Post - Graduate Course on Microsurgery at the New York Eye & Ear Infirmary, New York, NY, November 1976. 24. Cinotti, A.A. INTRACAPSULAR CATARACT EXTRACTION VS. EXTRACAPSULAR CATARACT EXTRACTION WITH AN INTRAOCULAR LENS IMPLANT. Resented at the Intraocular Lens Implantation Course of UMDNJ and the Eye Institute of New Jersey, Newark. NJ, December 1976 & February 1977, 25. Onoth. AA: PUNCH SUBSCLERAL SCLERECTOMY. Presented at the Columba University Postgraduate Course on Surgical Management of Glaucoma, Neu, York, NY, February 1977. 26. Onotti, AA: SURGERY FOR GLAUCOMA SECONDARY TO SUBLUXATED LENS. Presented at the Columbia University Post - Graduate Course on Surgical Management of Glaucoma, Nero York, NY, February 1977. 27. 28. 29. 30, 31. 32. 33, 34. 35, 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47, 48, Onctti. AA: USES OF LASER IRIDOTCMY. Resaited at the Columbia University Post - Graduate Course on Surgical Management of Glaucoma, New York, NY, February 1977. Onotti, AA SURGICAL TREATMENT OF POSTOPERATIVE HYPHEMA Presented at the Columba University Post - Graduate Corse on Surgical Management of Glaucoma, New York, NY, February 1977. Oruro. AA Caputo, AR, Farnsworth, PN; Guilfory, EJ & Press, R: ECTOPIA LENTIS (EXHIBIT). Exhibited at the Annual Meeting of the Medical Society of New Jersey, Atlantic Oty, NJ, May. 1977. C Ciotti, AA: EXPULSIVE HEMORRHAGE. Resented at the 59th Annual New York Eye & Ear Infirmary Clinical Conference, New York, May 1977, Onoro, AA: DIAGNOSTIC PROCEDURES IN GLAUCOMA Course for Ophthalm c Assistants, Joint Comnvssion on Allied Health Personnel in Ophthalmology Continuing Education Program, Dallas, Texas, October 1977. Onotti, AA: THE OPTIC DISC IN GLAUCOMA. Presented at the Annual Meeting of the American Academy of Ophthalmology & Otolaryngology, Dallas, Texas, October 1977. Onotti, AA; Caputo, AR; Farnsworth, PN Guilfory, EJ & Press, R: ECTOPIA LEN71S (EXHIBIT). Exhibited at the Annual Meeting of the American Academy of Ophthalmology & Otolaryngology, Dallas, Texas, October 1977. Onotti, AA THE OPTIC NERVE IN GLAUCOMA Resented at the Postgraduate Glaucoma Workshop on the New York Eye & Ear Infirmary, New York, October 1977. Oratli, AA SUBSCLERAL SCLERECTOMY. Presented at the Post - Graduate Glaucoma Management Course of the New York Eye & Ear Infirmary, New York, October 1977. Orion. AA: THE OPTIC NERVE & VISUAL FIELD IN GLAUCOMA. (Lecture & Workshop), Glaucoma Update and intraocular Lens Conference, St. Vincent's Hospital, New York, November 1977. Oruro, AA: THE OPTIC CISC AND VISUAL FIELD IN GLAUCOMA Presented at the Basic Science Course, Columbia University, Harkness Eye Institute, Nevv York, November 1977. Onotti, AA: OPHTHALMIC COMPLICATIONS OF SYSTEMIC DISEASE. Resented at Grand Rounds, St. Michael's Medical Carter, Newark, New Jersey, November 1977. Onott. AA: SECONDARY GLAUCOMA Presorted at the Basic Science Course, Columbia University, Harkness Eye Institute, New York, November 1977. Onotti, AA: HYPHEMA. Resented at the Annual Meeting, New Jersey Chapter, American College of Surgeons, Newark, NJ, December 1977. Onoro, AA: INTRACAPSULAR CATARACT EXTRACTION VS. EXTRACAPSULAR CATARACT EXTRACTION WITH INTRAOCULAR LENS IMPLANTATION. Resented at the Third Intraoatlar Lens Impartation Corse at UMDNJ and the Eye Institute of New Jersey, Newark, NJ, February 1978. Onotti, AA: IRIS ABNORMALITIES & SECONDARY GLAUCOMA. Resented at the New York Glaucoma Roundtable, New York, February 1978. Oruro, AA: IRIS ABNORMALITIES ASSOC[ATED WITH SECONDARY GLAUCOMA. Resented at the 51st Annual New York Eye & Ear Infirmary Annual Clinical Conference, New York, April 1978. Onotti, AA: SUBJECTIVE EVALUATION OF CATARACTS. Resented at the 51st Annual New York Eye & Ear Infirmary Annual Clinical Conference, New York, April 1978. Cinoth, AA: VISUAL FIELDS IN GLAUCOMA Resorted at the Annual Spring Seminar of the New Jersey State Association of Allied Health Personnel in Ophthalmology, Newark, NJ, April 1978. Onotti, AA: BASIC SCREENING TECHNIQUES. (WORKSHOP) Resented at the Annual Spring Seminar of the New Jersey State Assocation Personnel in Ophthalmology, Newark, NJ, April, 1978. AGENDA ITEM Onoth, AA: FUNDOSCOPY: MEDICAL & SURGICAL CORRELATIONS. House staff Orientation Lectures, Jersey City Medical Code, Jas*zty_t�LI. J� Onoth. AA: SURGICAL MANAGEMENT OF THE SECONDARY GLAUCOMA: Glaucoma Management Course, Institute of Ophthalmology of the 3A� � Ngy{A9 14 j M ley 12 York, October 1978, 49. Onotli, AA SURGICAL MANAGEMENT OF THE SECONDARY GLAUCOMAS. Monthly Meeting of the New York Academy of Medicine, Ophthalmology Section, New York. NY, October 1978. 50. Cnotti, AA, Halbr, GP THE OPTIC DISC IN GLAUCOMA. Annual Meeting of American Academy of Ophthalmology , Kansas City. MO. October, 1978. 51. Cinotti. AA & Zack, PL: DIAGNOSTIC PROCEDURES IN GLAUCOMA. JCAHPO /AACAHPO (Allied Health) Annual Continuing Education Course, Kansas City, MO, October 1978. 52, Cinotti, AA: REVIEW OF OPHTHALMOLOGIC ACTIVITIES IN 1978. Joint Convention of the Medical Society of the State of Nen- York & New York State Ophthalmology Society, New York, New York, November 1978 53. Cinotti, AA: SECONDARY GLAUCOMA, Associated Eye Residencies of New Jersey Teaching Conference, Newark. NJ, January 1979. 54. Cnotti, AA: COMPLICATIONS OF INT'RACCULAR LENSES Fourth Arinual Intracc lar Lens Implantation Course, UMDNJ & Eye Institute of New Jersey, Newark, NJ, February 1979 55. Cinotti, AA: TREATMENT OF SECONDARY GLAUCOMA. Eye Institute of New Jersey Glaucoma Update, Newark, NJ, May 1979. 56, Onom, AA. MANAGEMENT OF GLAUCOMA SECONDARY TO CONGENITAL DISEASES. Second Mtg International Soc for Paediatric Ophthalmol, Vibo Valenta. Italy, June 1979. 57. Stephens, GM, Onotti. AA Stephens, E & Fiore, R: COMPARISON OF THE ELECTRORETINOGRAPHIC RESPONSE BETWEEN OLD (Over 60) AND YOUNG (18 -35) ADULTS. Ninth Ann Nat Mig of the Amer Aging Assoc, Washington, DC, September 22, 1979. 58 Maltzman, BA; Onotti, AA & Farnsworth, PH EXTENDED -WEAR CONTACT LENSES. (Exhibit) Ann Mtg of the American Academy of Ophthalmology. San Francisco, CA, November 4 -9. 1979 59. Onom AA & Zack, PL: DIAGNOSTIC PROCEDURES IN GLAUCOMA. Continuing Education Program of JCAHPO/AACAHPO (Allied Health), San Francisco, CA, November 8, 1979 60. Crcid. AA OPHTHALMOLOGY INTERFACE WITH FEDERAL GOVERNMENTAL AGENCIES. Ann Mtg American Academy of Ophthalmology, San Francisco, CA. November 7, 1979 61. Halberg, GP; Onotti, AA: OPTIC DISC IN GLAUCOMA Ann Mtg of the American Academy of Ophthalmology, San Francisco. CA, November 8, 1979. 62 Cinotti, AA: COMMON COMPLICATIONS OF INTRAOCULAR LENS IMPLANTS. Fourth Ann Intraocular Lens Implant Course, Eye Institute of New Jersey, Newark, NJ, April 12, 1980. 63. Cinotti, AA: EYE RESEARCH. Lions Club Mtg, South Plainfield, NJ, May 14, 1980. 64. Grant, WF; Stephens, GM; Cinotti, AA; Chaves, PS & Leaman, JC: WHY A MAGNETIC FOREIGN BODY IS NOT ALWAYS EXTRACTED IN THE FIRST ATTEMPT. (E)diibit), Ann Spring Mtg of Association for Research in Vision & Ophthalmology, Orlando, FL, May 1980. 65. Stephens. GM, Onotli. AA & Chavis, PS. YOUNG & OLD RATS, THEIR RETINAL HISTOLOGIC PICTURE & CORRESPONDENT EOG Ann Spring Mtg of the Assoc for Research in Vision & Ophthalmology, Orlando, FL, May 1980. 66. Cinotti. AA: EYE HEALTH WEEK Health Promotion Challenge for the 80's Meeting, Princeton, NJ, June 4, 1980. 67. Stephens, GM, Orion, AA; White, JH & Fiore, R: COPPER & ZINC, THEIR INFLUENCE ON THE RETINA. 4th Intl Congress for Eye Research, New York, NY, September 29, 1980. 68. Stephens, G, Orod. A; Chavis, R Servido, P & Stephens, E: YOUNG & OLD RATS - METHOD OF FOLLOWING CHANGES IN THEIR RETINAL HISTOLOGY. 4th Intl Congress for Eye Research, New York, NY, September 29, 1980, 69. Stephens, GM, Onotti, AA; White, JH & Louis, H: DARK ADAPTATION PHOTOPIC STAGE IN THE AGED. 10th Ann Mtg of Amer Aging Assoc, Houston, TX, October 2-4,1980. 70. Stephens, GM; Onotti, AA; Chavis, PS & Stephens, E: AN OBJECTIVE NON-INVASIVE TEST FOR THE DEGREE OF AGING IN THE RETINA. Ann Mtg of the Amer Aging Assoc, Houston, TX, October 2.4, 1980. 71. Stephens, GM; Cinotti, AA & Louis, H: DARK ADAPTATION PHOTOPIC STAGE IN THE AGED. Intl Conference on Cybernetics & Society, Cambridge, MA, October 8 -10, 1980, 72. Onofti, AA: SURVEYS IN OPHTHALMOLOGY. Ann Scientific Mtg of the NJ Academy of Ophthalmology & Otolaryngology, West Orange, NJ, October 22, 1980. 73. Cinofli, AA & Zack, PL: DIAGNOSTIC PROCEDURES IN GLAUCOMA. JCAHPO/AACAHPO Annual Continuing Education Program, Chicago, IL, November 05. 1980. 74. Halberg, GP & Cinotti, AA: THE OPTIC DISC IN GLAUCOMA. Ann Mtg of the Amer Academy of Ophthalmology, Chicago, IL, Nov 6, 1980. 75. Cinotti, AA: CATARACTS & GLAUCOMA. Guest Speaker on the'Ruth Almpi Health Line,' New Jersey Public Television, Trenton, NJ, December 17, 1980. 76, Onod. AA: COMMON COMPLICATIONS OF INTRAOCULAR LENSES. 5th Ann Intracc lar Lens Implant Course, UMDNJ & Eye Insti of NewQIGd"Q�raatT M W, April 4, 1981_ 1 NO . 77. Cinotti, AA: OUTPATIENT CATARACT SURGERY. Guest Speaker on the'RLdh Mampi Health Line," New Jersey Public Television, T on, W. April 21, 1981. 78. Cinotti, AA LABETALOL IN OPEN ANGLE GLAUCOMA-A NEW ALPHA & BETA BLOCKER. 54th Ann New York Eye & Ear Irfirmary irrcal 1 I L1999 13 York, NY, May 8, 1981. 79. Stephens, GM. Vigorito, A; Louis, H; Onotti, AA & Michelson, L: A COMPUTER BASED SYSTEM FOR OFFUNE ANALYSIS OF VE'. Ann Mtg of Intl Soc for Qin Electrophys &Vision, Zurich, Switzerland, June 1981 80. Stephens, GM, Onotti, AA, Chavis, PS; Stephens, E & Servidio, P: EOG RATIOS & RETINAL HISTOLOGY OF YOUNG & OLD RATS COMPARED TO EOG RATIOS OF YOUNG & OLD HUMANS Poster presentation at Ann Mtg of Intl Soc for Qin Electrophys & Vision. Zunch, SlAitzenand. June 1981 _ 81. Onotti, AA THE EYE & AGING (INTRODUCTION). The Eye & Aging Symp, UMDNJ -New Jersey Medical School, Newark, NJ, Sept 26, 1981. 82. Stephens, GM: Cinotti, AA, Chavis, PS. Stephens, E, Klein, K & Cangenu, F DARK ADAPTATION IN THE AGED: SOME FACTORS FOR ITS FURTHER DETERIORATION. 11th Ann Mtg of Amer Aging Assoc, New York, NY, September 24, 1981. 83. Vgorito, A. Stephens, GM; Louis, H; Onotti, AA. Mchelson, L; Stephens, E: COMPUTER PROCESSING OF VISUAL EVOKED POTENTIALS UTIUZING DIGITAL FILTERING TECHNIQUES. Presented at the 5th Am Symp on Computer Applications in Medical Care, Inst of Electrical & Electronics Engineers, Washington, DC, November 1-4, 1981. 84. Orion, AA & Zack, PL CLASSIFICATION & DIAGNOSTIC PROCEDURES IN GLAUCOMA. JCAHPO/AACAHPO Annual Continuing Education Program (Allied Health), Atlanta, Georgia, November 3, 1981. 85. Cinott, AA & Zack, PL: CONTROVERSIES IN GLAUCOMA. JCAHPO /AACAHPO Ann Cont Educ Program, Atlanta, Georgia, November 05, 1981, 86. Halberg, GP & Onotti, AA: OPTIC DISC IN GLAUCOMA Am Mtg of Amer Academy of Ophthalmology, Atlanta, Georgia, November 5. 1981. 87 Orion, AA LASER THERAPY OF SECONDARY GLAUCOMA_ Glaucoma Laser Sirgery Course, Eye Institute of NJ, Newark. NJ. November 17, 1981. 88. Stephens, G, Onotti, AA; Grant, W. White, J & Stephens, E: COULD THE EOG POTENTIAL BE INDICA71VE OF POSSIBLE SYMPATHETIC OPHTHALMIA IN THE FUTURE Westem ISCEV Group Mtg, Sarasota, FL, May 2, 1982 89 Onotti, AA. EYE SAFETY & HEALTH FOR INDUSTRY. Resented at the Medical Viewpoint on Eye Safety Meeting, held by the NJ State Safety Council & the National Society to Prevent Blindness -NJ, Edison, NJ, June 9, 1982. 90, Onctti. AA & Zack, PL DIAGNOSTIC PROCEDURES IN GLAUCOMA Confining Education Program of the New York Society of Ophthalrr c Medical Associates, Correll University, New York, NY, October 5, 1982. 91. Onotti, AA & Zack, PL CONTROVERSIES IN GLAUCOMA. JCAHPO /AACAHPO Annual Continuing Education Program, San Francisco, CA, November 1, 1982. 92. Onott, AA & Zack, PL CLASSIFICATIONS & DIAGNOSTIC PROCEDURES IN GLAUCOMA JCAHPO/AACAHPO Annual Contiruirg Program, San Francisco, CA, November 10, 1982. 93. Halberg, GP & Onotti, AA: THE OP71C DISC IN GLAUCOMA Am Mtg Amer Academy of Ophthalmology, San Francisco, CA, November 1, 1982. 94. Onca, AA: GLAUCOMA -MO71C PURLS & EXTRACAPSULAR CATARACT EXTRACTION. 6th Ann Intraocular Lens & YAG Laser Symposium, UMDNJ -New Jersey Medical School, Newark, NJ, Apnl 2, 1983. 95. Onotti, AA; Azar, R; BtDdon, W & Aron -Rosa. D- PANEL DISCUSSION - INTRAOCULAR LENSES. 6th Ann Intraocular Lens & YAG Laser Symp, UMDNJ -New Jersey Medical School, Newark, NJ, April 2. 1983. 96 Onott. AA. THE EFFECT OF VIDEO TERMINAL DISPLAYS ON THE EYES. Monthly Mtg of National Society to Prevent Blindness -New Jersey, Newark, NJ. June 8, 1983. 97. Qnotti, AA: EYE HEALTH SCREENING. Interview by WWHC TV Station (Channel 68), Newark, NJ, September 8, 1983. 98. Hsiao, YH; Michaels, R; Meyer, AU; Louis. H; Michelson, L; Stephens, GM, Cha As, PS & Onotti, AA: A SYSTEM FOR OFFUNE ANALYSIS & STORAGE OF THE ELECTRORETINOGRAM & VER. Presented at the 5th Arm IEEE Engineering in Medicine & Biology Conference, Columbus, OH, Sept 10-12,1983. 99. Onotti, AA: GLAUCOMA. Guest Speaker on -Straight Talk% WOR -TV, New York, NY, September 13, 1983. 100, Onotti, AA. NEW JERSEY'S EXPERIENCE WITH THE Nd:YAG LASER. Ann Scientific Mtg of NJ Academy of Ophthalmology, Parsippany, NJ. October 5, 1981 101. Halberg, GP & Onott, AA: THE OPTIC DISC IN GLAUCOMA. Ann Mtg of American Academy of Ophthalmology, Chicago, IL, November 1, 1983. 102. Onotti, AA & Zack, PL: CLASSIFICATION & DIAGNOSTIC PROCEDURES IN GLAUCOMA. JCAHPO/AACAHPO Annual Contiring Education Program, Chicago, IL. November 2, 1983. 103. Onotti, AA & Zack, PL: CONTROVERSIES IN GLAUCOMA JCAHPO/AACAHPO Annual Continuing Education Program, Chicago, IL, November 2, 1983. 104. Qnot6, AA; Huikeler, JD & Norris, J: SUMMARY OF NJ EXPERIENCE WITH YAG LASERS. 7th Ann Intraocular Lens & YAG Laser Symp, UMDNJ & Eye Institute of NJ, Newark, NJ, March 31, 1984. 105. Onotti, AA: Hunkeler, JD & Norris, J: PANEL DISCUSSION - Nd:YAG LASER. 7th Ann Intraocular Lens & YAG Laser Symp, UMDNJ & Eye Institute of NJ, Newark, NJ, March 31, 1984- 106. Onotti, AA: VISUAL FIELDS. Spring 1984 Course for Ophthalmic Technicians, Newark, NJ, April 4, 1984. 107. alverstone, D; Shin, D; Galin, M; Qratt, AA, Novack, G & Duzman, E: INTRAOCULAR PRESSURE CONTROL BY LEVOBUNOLOL: IiESULTsb99MDAYE1?rEM MULTI- CENTER STUDY. Presented at the Assoc for Research in Vision & Ophthal, Inc. Am Spring Mtg, Sarasota, FL, April 30 - y 4,jj$L84. 108. Famwvorth, P; Seery, C; Robinson, D; Notis, C. Onotti, AA & Burke, P: LENTICULAR REPAIR FOLLOWING ANTERIOR CAPSUL OMY WITH THEN G% LASER. Assoc for Research in Vision & Ophthal, Inc, Am Spring Mtg, Sarasota, FL, April 30 - May 4, 1984. s .i ; r 2 2 19 14 .-- 109. Onotti, AA: Onotti, DJ; Maltzman, BA & Jacobs, IH GLAUCOMA: A CONTROLLABLE CAUSE OF BLINDNESS - HOW A NON -OPHTHALMOLOGIST MAY ASSIST IN ITS DETECTION (Poster) Presented at the 218th Ann Mtg of the Medical Society of NJ. Atlantic City, NJ, May 3-7.1984. 110. Onotti, AA: THE AGING EYE. Presented to the UMDNJ Geriatric Students (Summer Research Program), Bergen Pines Hospital, Oradell, NJ, July 26, 1984 111. Onotti, AA: CATARACTAOL - OPHTHALMIC CAUSES OF LITIGATION (Panel) Ann Fall Scientific Mtg, NJ Acad of Ophthalmology, Parsippany, NJ, October 1C, 198A. 112. Onotti, AA: EXAMINATION OF THE EYE. Fall 1984 Course for Ophthalmic Assistants, Newark, NJ, October 17,1984. 113 Cn=, AA & Zack, PL: CLASSIFICATION & DIAGNOSTIC PROCEDURES IN GLAUCOMA JCAHPO /AACAHPO Annual Continuing Education Program, Atlanta, GA, November 10, 1984. 114 Onotti, AA & Zack, PL: CONTROVERSIES IN GLAUCOMA. JCAHPO/AACAHPO Ann Continuing Education Program, Atlanta, GA, November 10, 1984, 115 OnoM, AA: WORKERS EYE HEALTH PROJECT. Resented at the Ann Mtg of the Medical Advisor Comm of State Affiliates of the Nad Soc to Prevent Blindness, Atlanta, GA, November 11, 1984. 116, Halbgg, GP & Onotti, AA: THE OPTIC DISC IN GLAUCOMA. Resented at the Ann Mtg of the Amen can Acad of Ophthalmology, Atlanta, GA, November 1984. 117. Orotti, AA: THE WORKER'S EYE: OPHTHALMOLOGY AND OCCUPATIONAL HEALTH. Resented at the American Occupational Health Conference, Kansas Oty, MO, April 1985. 118. Onotti, AA & Onoth, DJ: CLASSIFICATION DIAGNOSTIC PROCEDURES & CONTROVERSIES IN GLAUCOMA. Resorted at the JCAHPO/AACAHPO Ann Cont Educ Rog, San Francisco, CA, October 1, 1985. 119. Halberg, GP & Cinotb, AA: THE OPTIC DISC IN GLAUCOMA. 1985 Ann Mtg Amer Acad Ophthalmol, San Francisco. CA, October 2, 1985. 120. Haupt EJ; Siwaff, R, Mickey, K & Onotti, AA: THE CPF LENS & A PLACEBO EFFECT CONTRAST SENSITIVITY Resented at Ann Mtg Assoc for Resin Vis & Ophthalmol, Sarasota. FL, May 1986. 121. Ncvack, J & Onotti, AA. WORKERS EYE HEALTH PROJECT. Presented at Ann Mfg Amer Acad of Opbhalmol, New Orleans, LA, November 9, 1986, 122. Cricitti, AA & Cinotti, DJ. CLASSIFICATION, DIAGNOSTIC PROCEDURES & CONTROVERSIES IN GLAUCOMA Resented at the JCAHPO /AACAHPO Ann Cont Educ Pro, New Orleans, LA, November 9, 1986. 123. Onotti, AA OPHTHALMOLOGY - 'Cataract Surgery and Implant' 35th Annual Clinic Meeting, New Jersey Chapter American College of Surgeons, Parsippany, NJ, December 6, 1986. 124. Onotti, AA: STATE ASPECTS OF THE RELATIONSHIP BETWEEN OPHTHALMOLOGY & OPTOMETRY. Resented at Ann Fall Meeting of NJ Acad of Ophthalmol, Woodbridge, NJ, October 6, 1987. 125. Once, AA & Cinotti, DJ: CLASSIFICATION, DIAGNOSTIC PROCEDURES & CONTROVERSIES IN GLAUCOMA. Resented at the JCAHPO/AACAHPO Ann Cont Educ Rog, Dallas. TX, Nov 9, 1987. 126. Fore. PM. Caistad, WH, Samson, CR & Onotti, AA SHORT -TERM STUDY OF A TOPICAL ANGIOTENSIN CONVERTING ENZYME INHIBITOR AS AN OCULAR HYPOTENSIVE AGENT. Poster presentation at the Ann Spr Mtg of the Assoc for Resin Vis & Ophthalmol, Sarasota, FL, May 1-6,1988. 127. Onotb, AA & 0nott, DJ CLASSIFICATION, DIAGNOSTIC PROCEDURES & CONTROVERSIES IN GLAUCOMA. Resented at the JCAHPO/ATPO Ann Cont Educ Rog, Las Vegas, NV, October 8, 1988, 128. Onom. AA & Onotti, DJ: CLASSIFICATION, DIAGNOSTIC PROCEDURES & CONTROVERSIES IN GLAUCOMA. Resented at the JCAHPO /ATPO Ann Cont Educ Rog, New Orleans, LA, October 31, 1989, 129. Once, AA; Chiang, B & Onotti, DJ: HYPHEMA IN BLACKS. Presented at the XXVI International Congress of Ophthalmology, Singapore, March 18-24,1990. 130. Onotti, AA; Frohman, LP; Chin, P & Haupt, EJ USES FOR A NEW LINEARLY VARIABLE NEUTRAL DENSITY DEVICE. Resented at the XXVI International Congress of Ophthalmology, Singapore, March 18 -24, 1990. 131. Onotti, AA; Cinotti, DJ, Ouinones, MA; Beldner, S & Haupt, EJ: SCREENING FOR GLAUCOMA: ANALYSIS OF A 30 -YEAR OLD PROGRAMME. Resented at the XXVI Intonational Congress of Ophthalmology, Singapore, March 18-24, 1990. 132. Onotti, AA & Cinotti, DJ: CLASSIFICATION. DIAGNOSTIC PROCEDURES & CONTROVERSIES IN GLAUCOMA. Resented at the JCAHPO/ATPO Ann Cont Educ Rog, Atlanta, GA, October 27, 1990. 133. Haupt, EJ; Frohman, LP; Katz, R, Chin, P & Onotti, AA: DIFFERENTIAL DIAGNOSIS OF FELLOW AND RECOVERED NEURITIS EYES WITH A NEW LINEARLY VARIABLE NEUTRAL DENSITY FILTER. Accepted for presentation at the Assoc for Research in Vision & Ophthal, Inc, Ann Spring Mtg, Sarasota, FI, April 28 - May 3, 1991. 134. Onotti. AA & Onoth, DJ: CLASSIFICATION, DIAGNOSTIC PROCEDURES & CONTROVERSIES IN GLAUCOMA Resented at the JCAHPO /ATPO Ann Cont Educ Rog, Anaheim, CA, September 1991. 135. Onotti, AA & Cinotti, DJ: CLASSIFICATION, DIAGNOSTIC PROCEDURES & CONTROVERSIES IN GLAUCOMA Resented at the JCAHPO/A Ann C Educ Rog, Dallas, TX, November 1992. R ec erns � Q � T No. l Q , JUN 22 1999 Pg. PROFESSIONAL VOLUNTEERS in MEDICINE and HEALTHCARE CHAIR: Alfonse Cinotti, M.D., retired GOAL To support programs that utilize professional volunteers who provide healthcare access for the under or uninsured persons in Collier County. OVERVIEW The use of professional volunteers in the day -to-day provision of healthcare service sounds relatively simple. On the surface, it appears to be a matter of recruitment and placement; Collier County has attracted many retired health care professionals, physicians, psychologists, dentists, nurses, therapists, etc. The barriers to the development of this kind of service are license to practice and liability insurance. Healthcare professionals are extensively governed by national and state agencies. Reciprocity between states varies in different fields but is particularly nontransferable to Florida, in medicine. In addition, professional liability insurance is prohibitively expensive for a professional who wants to volunteer rather than `practice'. The healthcare organization also faces obstacles; a mountain of documentation to provide for a small return in volunteered time. By the time the process is completed, many loose interest and enthusiasm. The FoCuS Healthcare Task Force discovered these obstacles while exploring the increased utilization of retired professionals, particularly physicians. FoCuS Committee members collected information on how other states and Florida communities tackled these hurdles. TARGETED SOLUTIONS 1. Follow the solution implemented in Martin and other Florida counties: the establishment of a Volunteers in Medicine (VIM) Program A retiree from Johnson & Johnson first developed the VIM model for Hilton Head, South Carolina.. The model can encompass We Care physicians as well as rotation among practicing medical and other healthcare professionals who provide service to under and uninsured individuals. AGENDA ITE" The establishment of this model may require changes in the governing text the c state level. The changes in text are specific to each county and require the s port U it 2 2 1999 Pg. 33 of the public and private healthcare professionals at the local level as well as the State Board of Medicine. 2. Support the establishment of a We Care Program in Collier County. We Care is a Florida volunteer program administered by public health in each county. Florida Department of Public Health sponsors sovereign immunity protection under Section 766.1115 of the Florida Statutes. Under this umbrella, retired physicians are able to have limited practice in clinical settings for the under and uninsured. 3. Current inventory of health services available for the under and uninsured such as Senior Friendship Center and Collier Health Services, Inc. sites. 4. Work with the Compensation for Care Committee in the establishment of a system that places service where needed and provides a mechanism for appropriate payment of those services. AGENDA IT No. K` aq 2 2 1999 Pg. FAMILY RESOURCE CENTER Catholic Charities, Diocese of Venice, Inc. 2408 Linwood Avenue, Suite 1 Naples, Florida 34112 (9.31) 793 -0059 • (941) 774 -0523 Fax May 25, 1999 Mrs. Sue Filson, Administrative Assistant Board of County Commissioners 3301 U. S. 41 East Naples, Florida 34112 Dear % rs. Filson: I N A :y7 tw i 0 tow'! "mss' ; • ? a�� I am interested in the Health Care Committee of the County. I am enclosing my resume to be considered to serve on this committee. Sincerely, Fran Stoianoff io United Way of Collier County AGENPA IT No. J U'X 2 2 1999 pg. 2 1 RESUME Fran Stoianoff 1120 Cooper Drive Maples, Florida 34 103 Phone. work # 793 -0059 Personal Information: ii'larried 39 years to Donald Stoianoff, Two adult children 36 and 38, 2 grandchildren Education: 1958 Graduated Chief Logan High School (Business Course) 1972 Interior Design - LaSalle University Training - Workshops 1973 Seminar - Human Sexuality- Exceptional Young Adults, Department of HRS> State of PA., Penn State University 1984 Spouse Abuse Training 1986 Workshop - Dealing with hard to handle clients. 1991 Bevond Sheltering Conference Work Experience: 1958 Lewistown Hospital - Nurses Aide 1960 Speedy Cleaners - Clerk 1972 - 1976 Bon Ton Department Store - Decorator Consultant. Fran Stoianoff 1976 To present Catholic Charities Program Director of Catholic Charities Family Reso RGENCj�JT No. J IVY 2 2 1999 z pg• Fran Stoianoff 1976 To present Catholic Charities Program Director of Catholic Charities Family Resource Center. Community Activities & Interests: 1970 President of Parents Advisory Board for the County School District, Working with the State Department of Education in PA. 1980 Member of the Advisory Board for the CETA Program in Collier Co. 1983 Florida Catholic Charities Annual Meeting - Host agency. 1984 President of Naples Business and Professional Women's Club. 1990 to present - Member cf the Hunger and Homeless Coalitions of Collier County. AGEN A T No. JUN 2 2 1999 -- FAYE D. REDDICK s 4031 Gulf Shore Boulevard North riv ��`'� Naples, Florida 34103 941-434 -9475 ley May 27,1999 31s. Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tarniami Trail East Naples, Florida 34112 Dear Nis. Filson: As a full time resident and registered voter of Collier County 1 am interested in serving on the Collier County Community Health Care Ad Hoc Committee. My experience as an Anxiliary Board member of Naples Community Hospital last year and my involvement with the Hispanic Affairs Advisory Board this year has riven me a unique sensitivity and concern for the health care of the entire community. Although 1 have not served in this capacity before, I would welcome the opportunity. Enclosed, please find my resume. Sincerely, Faye D dick AGEN A iTgl No. JUN 2 2 1999 Pg •+.�� r- . c FA,YE D. REDDICK 4031 GULF SHORE BOULEVARD NORTH NAPLES, FLORIDA 34103 941 -434 -9475 RESUINIE Personal: Married. Two children. Education: University of Arizona, Tucson Loma Linda University, Southern California University of Colorado, Colorado Springs Work Experience: Secretary, Dean of the Graduate School of Business University of California, Berkeley Secretary/Treasurer, Phillips Brandt Reddick, Inc. Architecture, Planning and Development, Denver, Owner, Reddick Development Group, Community Developer -Naples Owner, Group Seven, Inc. Construction and Development - Naples Volunteer Work: Denver Street Beat Colorado Organization to feed and clothe the homeless. Douglas County Colorado Election Judge School Board Member, Franktown SDA School, grades 1-8, Franktown, Colorado Literacy Volunteer - Naples, Florida Guardian Ad Litem - Naples, Florida Naples Community Hospital - Co- Chairman of Volunteers Hispanic Affairs Advisory Board Member, FA EN0 _ TEN}. . N 2 2 1999 . Ila= r-U -- -- • - TUCKY P. RAMSEY Mav 28, 1999 FROM; TUC KY P LINSEY TO: Sue Filson Cm Artached Ls ctv Resume as cell as 2 cope of my core: tegistrauon fiiinq I am interested in the lieaizh Carr Committee. Thank you For your guidance )STRRP,T ADDRESS) • (CITY /STATE) • (ZIP /POSTAL CODE) PHONE. (PHONE NUMBER) • FAX: (FAX NUMHERJ AGE DA IT No. JUN 2 2 1999 TUCKY P. RAMSEY 1300 L'Ambiance Circle, #101 Naples, Florida 34108 (941) 514 -1599 Fax: (941) 592-7313 E -Mail: tuckzrri_crodig •.nct Curriculum Vitae Objective: To become involved in the policy and program formulations in order to make contributions to my new residence through meetineunmet needs. Education: 1971 Loyola College, Baltimore, Maryland B.A. Cum Laude Recipient: Education Medal 1973 Loyola College, Baltimore, Maryland M.Ed. Special Education and Program Administration 1975 Johns Hopkins University C.A.S.E. Certificate of Advanced Study in Education Professional Einerience: 1970 -78 Executive Director. The Qrton Society. A national organi=ion devoted to the suds and u=unent of lemming disabilities. 1973 -78 Consultant to School Systems and Parent Groups Throughout the U.S. 1973 -79 Diagnostician and Remedial Specialist 1973 Founded and opened the Jemicy School, a day school for Dyslexic and leaning disabled students 1978 Founded and opened the Hannah More School, a residen- tial and day facility for emotionally- handicapped adolescents. 1978 Candidate.House of Debates, State of -_ of Mal dazed. Polled 4a' in a field of 9 for 3 seam 197840 Director, Off ice for Children and Youth, State of Maryland 1980-82 Qwner. Taniibar. a craft gallery 1983 -95 Founder and CEO, PRESENTIriG BALTI- MORE, INC., a destination manaee- ment company, providing a full range of meeting Planning and special events services to local and national corpora- tions and associations convenine in the Baltimore, Annapolis p _Wash- ii Ington, D.C. area. ( ^ E N4 —A�M�' _ I! J U 2 2 1999 Pg,� Community Involvement: 1958-70 Board, Big Brothers & Sisters of Baltimore 1960-64 Board. Childrens Guild 1962 -68 Board. Young Associates. Baltimore Svmphonv Orchestra. Initiated Tiny Tots Concerts. 1969 -74 Board, National Conference of Christians and Jews. 1970 -72 Member, Commission on Dyslexia 1973 -75 Member, Commission for Funding Special Education 1974 -78 Chair, Baltimore County Coalition For the Handicapped 1988 -90 Member, Task Force to Study the Future of Teacher Education 1988 -99 Board, The Advertising and Profes- AWARDS: 1973 Education Medal, Loyola College 1977 Woman of the Year, National Council of Jewish Women 1983 Humanitarian Award, Jimmie Swartz Foundation 1986 Outstanding Citizen Award, Big Brothers &Big Sis- ters 1994 Humanitarian Award, Fullwood Foundation 1995 Top 100 Women in Maryland, Warfield's Business Journal 1999 Humanitarian Award, Boys & Girls Clubs of Mary- land AGE No - , J U h' 2 2 1999 Pg. sional Club of Baltimorc 1990 -95 Treasurer, Baltimore City Chamber of Commerce 1995 -99 Board, The Hannah More School 1995- Board, The Women's Nctwo6, Naples 1998 -9 Masters Leadership Collier 1999- Development Committee, Habitat For Humanity, Naples 1999- Long Range Planning Committee, Friends of Art, Maples 1999- Board, Immokalee Child Center 1999- Committee, Hope for Haiti AWARDS: 1973 Education Medal, Loyola College 1977 Woman of the Year, National Council of Jewish Women 1983 Humanitarian Award, Jimmie Swartz Foundation 1986 Outstanding Citizen Award, Big Brothers &Big Sis- ters 1994 Humanitarian Award, Fullwood Foundation 1995 Top 100 Women in Maryland, Warfield's Business Journal 1999 Humanitarian Award, Boys & Girls Clubs of Mary- land AGE No - , J U h' 2 2 1999 Pg. May 28 9 9 03: Sup I uckt� kamsey --TX . ,.. _ MARY W. MORGAN SUPERVISOR OF ELECTIONS COLLIER GOVERNMENT CENTER BLDG 8 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 -4902 TELEPHONE: 941/774-8450 ATTESTATION STATE OF FLORIDA COUNTY OF COLLIER On this , '! day of I 91Q, I attest that p JJ , who was born on 1r�7 registered to vote Ahis county on VID Residence Address-. FL. 34109 T To the best of my knowledge, this attestation, presented by the Supervisor of Elections, as the document's custodian, or her deputy, is a public record available for inspections sjbject to the requirements of Section 119.07(3)(k), Florida Statutes. Copying is limited by Section 98.095, Florida Statutes. Certified copies or attestations of voter registration are not available from another official source. eal) MARY W. MORGAN Supervisor of Elections Collier County, Florida (*o" '� - &" — Deputy Supervisor of Elections AG EN A IT5W No. JUN 2 2 1999 Pg. Timothy J. Gillett 3230 Bermuda Isle Circle 91028 Naples, FL 34109 Home Phone: (941) 596 -8737 Dear Collier County Commissioners, ♦:. A MAY 2 8 1999 )-4 0 Ca+K3 Coate i "Wt Thank you for taking time from your busy schedules to read this letter and 4V-� accompanying resume. I would like to assure you that my intmst to serve as a member of the newly formed Collier County health -care committee is extremely genuine as well as honorable. I have spent the majority of my working life in the healthcare industry. My experience is both clinical as well as administrative_ Having moved to Naples "Ith my family at the age of 9 in 1973, I have been a Collier resident for the better part of my life. As a Neapolitan with healthcare experience, perhaps I could articulate some fresh ideas to what has been an ongoing concern for healthcare providers as well as citizens of Collier County. If I am afforded the opportunity, I will work with due diligence VA-ith respect to the best interes, of the people of Collier County. Furthermore, I believe that my ability to work well in a "think tank" environment as well as my ability to work with a multitude of personalities could prove to add an element of much needed diversity to the committee. 1 have also maintained my relationship with a large number of physicians in our community. They too, have a stake in the outcome of this committer. Thank you again, in advance, for your consideration. Please keep up the good work and may God bless all of you_ Sincerely, J Timothy J. Gillett AGEN A TTE No. JUN 2 2 1999 Pg. -- -- - --- -- -- --- I. W--1wA Timothy J. Gillett 3230 Bermuda Isle Circle #1028 Naples, FL 34109 (941) 596 -8737 POMMU I am a long time resident of Naples, having moved here with my family in 197' ) at the age of 9. During my career, I have been afforded the opportunity to work in both the clinical and adminisiralive areas of medicine. J have always maintained a genuine interest not only in healthcare, but also as a taxpaying citizen of Collier County. : EDi B.S., Biology, University of South Florida B.S., Accounting, University of South Florida HOMiT 1998-1999 Financial Advisor, Raymond James & Associates, Inc. Advise clients on all aspects of investing, including stocks, bonds, mutual funds and individual retirement accounts. My clients have enjoyed an above average return on investments in the aggregate. 1997-1998 Accountaru, Collier County Clerk of Courts Performed all accounting functions while working in the finance department. This included making many adjusting journal entries to correct year -end carryforward balances to actual- Acquired a greater understanding of local nta government as well as governmel accounting 1995 -1996 Staff Accountant, Rogers, bsroo4 Hill, Starman and Gustason Performed all public accounting functions including preparation of state and federal tax returns, tangible and intangible tax returns as well as all auditing functions. Gained valuable information regarding tax planning. 1989 -1994 Physician Assistant (P.A.), Leslie J. Schultzel, MDPA Assist Physician in Operating Room (surgery) as well as in the office (post -op). Operating Room privilages at Naples Community Hospital and Naples Day Surgery. l;1RS • Internal Audit, Community Health Care, Inc., Naples, FL, 6 months • Histology, Diagnostic Services, Inc., Naples, FL, summers (x4) AGE? T No. JUG" 2 2 1999 Pg. AMERICAN CANCER SOCIETY3 Providin a ans,vers. 531IC_° li,es. May 27, 1999 Commissioner Pam Nfac'Kie Board of County Commissioners 3301 U.S. 41 E East Maples FL 3.1112 Dear Commissioner ivfac *Kie; Thank �. ou for the time you took- from your busy sche• ule to discuss the occoruni -, Cor the Arne -ica*1 Cancer Societe to have representation on the ne x ly forted Collie - Ceunn Community Health Care Ad Hoc Committee. Eva Hoff. our Area Cance- Control Director for Lee. Collier and Charioite Counties is applying on behalf of the American Cancer Societe. Eva is housed in our offices at 990 First Avenue South, here in Naples. and I believe %ould be an ideal candidate for this newly formed committee. A you can see from her encrosed resume. she Is no stranLer to this type of at:a%li%. Congratulations and best of fuel: with this ne,x and important committer. Best re_Jards. Stephen R. Wheeler Executive Director cc: Sue Filson AGE IT No. JUN 2 2 1999 Pg. AmcriCan Q11CCr Surirlv, Collier CuwM L rill 9911 First awnur Suulll. Suilr 2011 \ llrlrs. Viurldj 34102 • 941.2614)'; :i7 • 1,L\ 9414i4.L351 fur t' ^rcrr in(ormr�uun c�)1 � ••$OD- ACS -23�l5 EVA C. HOFF 1535 Whispering Oaks Circle Naples, Florida 34110 (941) 513 -9072 MAJOR ACCOMPLISHMENTS 1996 - Present: South Gulf Coast Area Program /Cancer Control Director, American Cancer Society, Naples, Florida. Develop and implement program and cancer control activities. Director of education, advocacy, patient services for 5- county area. Serve on state teams to develop program guidelines for field staff. Conduct program, diversity, community organization trainings for staff and volunteers. Work with underserved populations and train grassroots volunteers. Supervise over 400 volunteers. Serve as spokesperson for the organization. Grant writing. 1986 - 1995: Private investor, Communication Skills /Community Organization Consultant, Active Volunteer, Charlotte /Collier /Lee Counties, Florida. 1970 - 1986: Francis Marion College, Florence, South Carolina Participated in establishing and developing a four -year state college. Instructor in Business and Sociology. Developed the Freshman Mentor Program. Established and chaired the Race Relations Council. Consultant in communication skills /community organization. Co- founder, first President, college faculty women's organization. Co- founder, co- chair, annual 75 -event campus, citywide fine arts festival. Supervisor of field instruction for MSW graduate students. Advisor /liaison to student organizations, Spokesperson for the college. 1980 - 1984: Florence Little Theatre, Florence, South Carolina. Created and directed a fine arts program for young people. Designed to teach confidence and communication skills. Wrote and was awarded a 3 -year National Endowment for the Arts grant to initiate and sustain the program. AGEN T No. FAWP\EVAIRESUME99.W D .1 U N 2 2 1999 Hoff 1970 - 1974: Pee Dee Mental Retardation Center, Florence, South Carolina. Member of team that developed a regional mental retardation center. Director of Diagnostic and Social Services. Community organization at all levels. Program and treatment design. Hiring and training of staff, community contacts, and volunteers. Grassroots advocacy and community education. EDUCATIONAL BACKGROUND KI 1965: B.A. in English (minor in theatre), University of Georgia, Athens, Georgia. 1970: MSW, University of Georgia, Athens, Georgia. 1972: One -year postgraduate program in Management and Supervision, University of Alabama at Birmingham, Birmingham, Alabama. 1986 - present: various courses and trainings in cancer content areas, advocacy, public issues, etc. through the Florida Division, American Cancer Society, including certification as a Triple Touch Breast Health Educator. FAWP\EVAIRE5UME99.WPD AGEVA ITEM No. JUN 2 2 1999 Pg. D 1 L. L, r - . --- 1 UN PAT BARTON 605 Palm Circle East Naples, Florida 34102 941/262 -5648 May 26, 1999 Board of County Commissioners Collier County Court House 3301 T'amiami Trail East Maples, FL 34112 Dear Chairman MacKie and Members of the Board, -- , L O e- JO-+O r- . b 1 W. v RAY 2 71,oa v ftaft, CM 1 U is+e�r This letter is to request your consideration of my inclusion as an at -large member of the recently commissioned Health Committee. As you will note from the enclosed resume, I have served on a variety of health related committees at local; state and national levels, most particularly in the drug and alcohol abuse field. At the local and district level I have become familiar with public health through six years service as a member of the District 8 Health & Human Services Board of the Dept. of children & Families. I'm in the process of learning more about private health providers as a member of the Cleveland Clinic Florida, Naples Board of Advisors. Probably most to my advantage is a long term and extensive knowledge of Collier County, including our needs and gaps in services and the delicate balance required to effectively keep our citizens healthy. Cost and delivery of health care in our country is probably close to crisis. I don't think we can solve that problem, but 1 think we can seek to do the best we can with what we have here in Collier County. Thank you for your consideration of my request to be a member of the Health Committee. Sincerely yours, Pat Barton Enclosure AG EN A ITE No. J u N 2 2 1999 n1L_L_�rHI t1HKIUN 741 262 564kt PAT BARTON 605 PP.LM CIRCLE EAST NAPLES, FL 34102 941/262 -5648 (Phone/FAX) PERSONAL Born: Evanston, IL 7/10/40 Married to William L. Barton, Consulting Engineer Three grown children; five grandchildren Resident of Florida since 1944; Naples since 1965 EDUCATION AND EMPLOYMENT BACKGROUND Florida State University - 1958 -59 Auburn University, Auburn, P.L - 1959 -60 Realtor- Associate, Thompson Realty, Naples - 1966 -94 Project Director /President, Florida Informed Parents 1980 -62 Drug Prevention /Education Consultant - 1978 to 1988 (details upon request) POLITICAL ACTIVITIES NFRW Vice Chair Leadership Development 1995 -97 Fourth Vice President, National Federation of Republican Women (NFRW) - 1990 -93 NFRW Member -at -Large - 1988 -89 NFRW Eoard of Directors - 1985 -93 NFRW Nominating Committee - 1987 President, Florida Federation of Republican Women (FFRW) - 1985 -89 Served as FFRW Club President (Naples), FFRW Ccrrespercding Secretary, and FFRW First Vice President MerLer, Executive Board, Republican Party of Florida - 1965 =69 Public Relations Chair, Republican Party of Florida - 1987 -91 Florida State Chair, Bush Drug -Free America Coalition, 1988 Presidential Elector for State of Florida, 1988 Precinct Committeewoman, Collier County Executive Committee 1970 -84; 1993 -95 Active in local, state and national campaigns since 1970; i.e., in 1996 chaired campaigns for Mayor Bill Barnett of Naples, Collier County Sheriff Don Hunter, and served on Porter Goss for Congress Committee since initial campaign. DRUG ABUSE PREVENTION BACKGROUND Founding member, Naples Informed Parents (1978), the prototype for "parent movement" for drug -free youth Founder and Project Director, Florida Informed Parents (nor Florida Prevention Association), 1980 -82, Advisory Board 1989 -'94 Founding member, National Federation of Parents for Drug -Free Youth (NFP - now National Family Partnership), serving on Board of Directors and as National Networker to 45 states - 1980 -86 NFP Nancy Reagan Speakers Bureau - 1983 -88 State of Florida, District 8 HRS Planning Council for Al Abuse & Mental Health, 1987-93, Chair 1991 -92 P-92 AG E N I TF.p1 -� No. ,1 U N 2 2 1999 PAT BARTON RESLI�M Page Two State of Florida Planning Council for Alcohol, Drug Abuse & Mental Health - 1980 -82 and 1989 -91 Parent Resource Institute for Drug Education (PRIDE), Atlanta, G?, Board of Directors 1990 -93, Advisory Board 1993 - present Southeast Center for Drug -Free Schools & Communities, Board,of Directors - 1988 -91 Drug Watch International, Advisory Board - 1994- present Numerous local committees and initiatives COM•lUNITY /DZSTR.ICT /STATE SERVICE AND AWARDS YMCA c_` Collier County, Board of Directors, Officer - 1971 -78 David Lawrence Mental Health Center, Board, Officer - 1979 -85 Naples Ccr. ,munity Hospital Auxiliary - 6 years, vice president ravid Lawrence Mental Health Foundation, Board? member 199C -93, luxiliary President 1990 -92, 1994 Ediscn Ccmmunity College Foundation Board 1992 -96, Collier Campus Development Committee Chair 1994 -96 First Presbyterian Church, Deacon 1984 -86, Elder 1988 -90, C).arity Fellowship Chair 1994 -97 -- Appointment to hT-.S (now Dept. cf Children & Families) District 8 Health & Human Services Board - 1993- present, Chair 1993 -95 Statewide Health & Human Services Board - 1993 -95, Chair 1995 Juvenile Justice Board, District E, Secretary 1993 -95, 2nd Vice Chair 1995 -96, 1st vice Chair 1996 -98, Chair 1998 Collier Ccunty Juvenile Justice Council, Founding Member 1994, Chair 1996 -1998 ' FoCuS, Steering Committee for visioning for Collier County, 1995 -96 Flcrida Gulf Coast university, Town and Gown - 1996 - present Tte Moorings, Inc. (Moorings Park) Board of Directors, 1996 - present, Secretary 1997- present Leadership Collier Masters Program, Class I, 1996 -97 Appointment to State of Florida Constitution Revision Ccmmission by Florida Senate President, Toni Jennings, 1997 -98 PACE Center for Girls, Immokalee, Board President, 1998 - PACE Center for Girls, State Board Member, 1998 - Cleveland Clinic Florida, Naples, Board of Advisors, 1999 RCIPIENT: Community Foundation Cosgrove Award, 1999 ZONTA International "Yellow Rose Award ", 1998 NFRW "Caring for America" Award, 1986 Naples Daily News "Citizen of the Year ", 1985 President Reagan's Volunteer Action Award, 1984: League of Women Voters "Woman Achiever Award ", 1982 PRIDE National Service Award, 1980 :AGENO TE Igo . I J U kl 2 2 I399 EE Micron Electronics, Inc. FOR YOUR INFORMATION To Mrs. Filson Company Fax number +1 (941) 774 -3602 Eusiness phone. Frcm. MARTY DURHAM Fax number +1 (941) 643 -7703 Horne phone EUSine55 phcne Cate E Time 6,27/99 8:36.33 AM Faxes =Sent: 2 7 Fe Health Care Ad Hoc committee i4w. e AGE T No. JUN 2`2'' 1999 P9 y IMARTHA J. DURHAM May 2-, 1999 Mrs. Sue Filson Board of CountF Comm issioners 3301 U.S. 41 East East Naples, FL 34112 FAQ : j7.3_361 ' Dear'Mrs. Filson: Please consider m`- application for the Collier Count, Health Care Ad Hoc Cem.-ninee- As a Human Resources Director, I have worked with the insurers and the providers of care on behalf of m.; employees. I was deeply involved, as well as the pr:ma author, cn several self - insurance plans that were designed %vith the empiccee in m1nd. I am fa : :air with Communit-; Health Partners and the Lee Memorial partnership. I also was rescer.sible for creating a small network of providers in Lee Count. As a Social worker I worked in Public Health and Metal Health and have deep understanding of the uninsured's situation when faced with health issues. I current hold a par; time position as Adjunct Scr; ices Cccrcinatc: a; Ediscn Communir; College, Lee Campus, Humanities Division. Ycu ma; contact me at Edacr., 33?- 9332 or at home 6.33- 463. Since:el %-, :Martha j. Durham AG D I No. 3: 20 70T" STREET SW NAPLE:, FL • 34105 JUN 2 2 1999 PHONE 941.643 -4863 FAX 941.613.7703 Duthsmi(gwoddnet Ott ne: ��- � Martha I Durham Martha I Durham 3220 70th Street Soutlnyest Maples. Florida 33999 (941)643 -4863 EMPLOYMENT HISTORY 996-298 Director of Human Resources Shaw Aero Devices, Inc. Ft. Mvers. Florida (180 employees) Elevate and increase the efficiency and impact of the Human Resources Department. Responsibilities include: organization development and training. benefit administration. compensation management. recruitment. policies. procedures legal and regulators-. safety. personnel records. 3 88 -996 Manager of Human Resources Wilson- Miller. Barton & Peek- Inc. Maples. Florida (220 employees, 3 offices) Created. implemented. and administered the Human Resources Department. Responsibilities included: conceived, Wrote. and distributed personnel policies. employee handbook and safety programs: managed worker's compensation system as liaison for all employees. physicians. and insurance carrier: monitored benefit plans for effectiveness: instituted self - insured medical proeram: was responsible for employer communication on all benefits including 401(1:). employee stock ownership plan. and cafeteria (125) plan: recruited. performed applicant inten'iewing and hiring: instituted performance reyie% process and assisted managers with discipIine.'terminations. performed ongoing legal and compliance review and coordination with legal counsel regarding all state and federal employment laws as was necessary. 6 86 - 3 83 Team Leader, Emergency Services David Lawrence Health Center Naples, Florida Administratively managed a team of five counselors providing 24 hour coverage to the crisis stabilization unit and walk -in center. Responsibilities included: scheduling; employee training on both safety and counseling techniques; orientating new employees and student interns, liaison with mental health, law enforcement and legal services; continued providing services as an emergency_ care crisis clinician. AGEND T N0. JUN 2 2 1999 Martha J. Durham 2.85 -6,86 Crisis Counselor, Emergency Services David Lawrence Mental Health Center Naples, Florida Provided senices, counseling, and crisis stabilization to a variety of clients with problems ranging from family crisis to suicide, psychiatric emergencies and violence. Responsibilities included: therapeutic inten*ention ;to individuals and families: maintained a case load of clients in short term therapy: evaluated and diagnosed clients under the auspices of the Baker Act for involuntary detainment; provided therapy to in- patient clients, liaisoned with medical, legal and other community service providers. 7 8; - 185 Social Worker for Maternal Infant Care Project University of Florida Gainesville. Florida Provided clinical support within the full range of social and emotional aspects of pregnancy and family planning for low- income rural womcn. Responsibilities included: travel to rural central Florida maternity and family planning clinics to assess the psycho- social situation of local patients: link the patient to formal and informal support systems: created needed resources; provided follo\ti -up care: conducted group sessions on family planning and health matters. EDUCATION' • Ntasters in Social Work- Gainesville Extension Program. Florida State university. 1982 -1931 • Bachelor of arts. High Honors. Psvclrology. university of Florida. Gainesville. Florida. 1978 -1931 Northwestern university. Evanston. Illinois. 1977 -1978 OTHER • \ lember: - Toastmasters International - Society of Human Resource 1%lanaaement - Collier Countv Personnel Association -131-Annual National Human Resource Roundtable sponsored by National Society of Professional Engineers • Chairperson, 1994 Seacrest Country Day School Scholarship Auction, generated S5 5k net revenue • Co- Chairperson, 1995 Seacrest Country Day School Scholarship Auction, generated S104k net revenue • Clinician of the Fear, 1987, David Lawrence Mental Health Center • Can speak some Spanish AGE N T �-- No. JUN 2 2 1999 Pg.� Martha J. Durham REFERENCES Gerald E. Connally Certified Management Consultant Riverton \Management Consulting Group 8931 Conference DrIVe Suite =6 Ft. 1%Iyers. FL 33919 (941)4 -;2 -9600 Connie Mayo, AMA Psychotherapist (Supervisor %chile at David La«Ten:.: Mental Health Center) Counseling associates 790 Harbour Drive. Suite 2C Naples. Florida 33-940 Jaye Dace `'ice President (Seacrest auction Co- Chair) Community Management Corporation 649 ftli avenue South Naples. Florida (9.11)(1-39 -19`_2 H) (941)77.1 -1324 A G E N I T,frh1' No. 1 L"I 22 1999 JACQUELYN GiLLESPIE, PhD 421 -A Meadowlark Lane .. Naples, Florida 34105 Telephone: 941.434.9106 Fax: 941.430.0437 May 21, 1999 Airs. Sue Filson, Administrative Assistant Board of County Commissioners 3301 U.S. 41 E East Naples, FL 34112 Dear Nlrs. Filson: vro MAY 2 61999 E-m31 ja ki ;p ,", compusen.e.com I should like to apply for one of the at -large citizen positions now open on the Collier Count Community Health Care Ad Hoc Committee. I was for many years a clinical psychologist in private practice and supervisor of a clinical training facility for psychologists in Southern California (see CV attached). Since retiring to Naples in 1993 I have continued to work on books on child development and was named to the orioinal Focus health task force as a delep-ate from the American Association of university Women (AAUW). Naples Branch. I remained with the group when the Focus groups disbanded and have been involved with the Collier County Health Care Task Force since that time. In that capacity I chaired the Committee on Women's Health and was responsible for brinains to the community Dr. Katherine McIntyre- Seltman. a natiornally known medical educator on women's health issues. That presentation was co- sponsored by AAUNV. and I remain chair of their Committee on Women's Health Issues. a sub -group of their Public Policy Committee. In addition, I belong to the Alliance for Children's School Health Committee, and I plan to take the county health department training for AIDS educator and to work with the program for older citizens. I think my interest in health matters is evident. I have no involvement with any health providers in the area and, as a retiree, have the time to serve. I hope you will consider my application of interest. Sincerely, Jacquelyn Gillespie, PhD AGEN A T' No. J U 2 2 i�`�9 CURRICLZ.UM VITAE JACQUELYN GILLESPIE, PhD 421 -A Meadowlark Lane Naples, FLorida 34105 Telephone 941.434.9106 FAX 941.430.0437 E -mail jaclde- -Jlesaie a,comnusen�e.com Professional Experience 1976 -1990 Private practice, clinical and educational psychology. Orange, California. Retired, June 1990. 1978 -1990 Associate Professor and Director, Orange Facility, California Graduate Institute private professional school of clinical psychology. Director, CGI Counseling Center in Orange County, an intern training Facility. Member, Education Council, CGI. 1985 -1986 Adjunct IflS7Lc,,or, University of San Francisco. 1985 -1986 Adjunct Instructor, Pepperdine university. 1980 -81 Author and Director, Project CASA, providing mental health services for physically handicappc -d children in North Orange County (CA). through North Cra.-tge County Child Guidar,c. Ceritcr (project funded by PL 95- "_'-)1;. 1969 -198= Psychologist, Fullerton (CA) Union High School District; psychological ser ✓ices for special education prc -emms, specializing in disability and severe medical conditions. 1963 -69 Guidance Consultant, e ?emeltary and junior hich schools, Lowell Joint School district, Whittier, CA. Related Professional Activities 1984 -1990 Member, Ancillary Staff, Department of Psychiatry, La Habra (CA) Community Hospital. 1985 -1986 Psvchological Consultant, Concept 7 group homes. 1984 -1986 Allied Health Professional, St. Jude's Hospital, Fullerton, CA- 1984-1986 Mental health provider panelist, child custody, Family Conciliation Court, Santa Ana (CA), Orange County. 1980 -198.3 Member, Board of Directors, Pacific Academy, Fullerton CA, a private school for emotionally disturbed children and adolescents. 1982 -1983 Member, State Board of Directors, California Association of School Psychologists. AGE �I No. _X�� ,1UN 22 13 P9 Related Professional Activities (coat.) 1982 -1983 Member, Board of Directors, Family Service Association. Orange Counn. CA. 1973 -1977 Member. Board of Directors, North Orange County Child Guidance Center, Fullerton, CA. California State Professional licenses Psychologist, License No. PSY 7990, 1983 - present. Educational Psychologist, License No. EP 0031, 1972 -1990. Marriage and Family Counselor, License No. NT 004187, 1971 -1990. Educational Background Offices Ce-tificate in Psvchcanal,�tic Psychotherapy, Newport Center for Ps%choanalytic Studies, 1989. PhD, psychology, California Graduate Institute, 1977. MS, educational psychology, California State university at Fullerton, 1965. A13, psychology, California State university at Lone Beach, 1959. President. California Association of Licensed Educational Psvcholoeists. 1983. President, Faculty Senate, California Graduate Institute, 1981 Publications Gillespie, J. (in press). Issues in child development as observed in children's drawings. New York: Taylor & Francis. Gillespie, J. (1996). The sudden violent storm. In L. E. Hedges, Strategic Emotional Involvement. New York: Jason Aronson. Gillespie, J. (1996). Rejection of the body in women with eating disorders. Arts in Psychotherapy, 23(2), 153 -161. Gillespie, J. (1994). The projective use of mother- and -child drawings. New York: Brunner /hazel. Gillespie, J. (1989). Object relations as observed in projective mother -and -child drawings. Arts in Psychotherapy, 16, 163 -170. AGE G IT�EhF No. ,I L' h 2 2 1999 Pg. May-25-99 12:51P Robert H. Finkernagel (941) 389 -0449 N.ul 531RIX&CTIVE SYSTEMS Planning . Marketing • Development AECMW 2 5 1999 3ntr si fe C*Wty C*W i sa t4ws FAX FAX FAX FAX FAX FAX FAX DATE: v I'l 'T' 95 To: !SUE FILSON Tr I " %-z KA & L L FROM- RE: �►d Nbt �or"^r���e �. NO. OF PAGES: AGE I Ho. A! ill 2 1003 anglers Cove, Suite 203 • Marco Island, Fl 34145 Pg. (941) 389 -0486 • Fax, (941) 389.0449 . Cenular: (94 1) 910 -1472 a -mail, nobtHUlV — tom May -25 -99 12:51P Rabert H. Finkernagel (941) 389 -0449 NMH93 LOOTIVE SYSTEMS Planning - Marketing - Development Sue Filson Board Of Coramnissioners 3301 US 41 E. East Naples, FL 34112 Dear Sue: May 25, 1999 I read with great interest about the Healthcare Ad Hoc Committee I would be interested in participating in the process described in the recent NDN article. It is so important that as the healthcare environment here becomes more complex, diversified and competitive, Collier County residents aren't lost in the shuffle. I am neither a provider or purchaser, yet I have many years of experience and knowledge concerning the delivery of healthcare in Southwest Florida. I currently am President of Proactive Systems, a healthcare plarming, marketing and development firm. As such, I am familiar with research methods, quality measurement , utilization management, customer service, outreach and satellite facilities, acute care and out - patient services I have worked closely with providers, purchasers, physicians and patients in Southwest Florida for over 15 years. I have no clients in Collier County. Formerly from Lee County, where I worked for over ten years as a hospital VP of Marketing and Public Relations, I have been a full -time resident of Marco Island for nearly five years now. Please review the attached resttme' and feel free to contact me by cellphone at 910 -1472. Thank you for considering me for this project. Best Wishes, / l Robert H. Finkemagel, III President 1003 Antalers Cove, 1Gutte ', 0:3 - Marco Island, FL 34145 AGEND TE No. P.02 JUN 2 2 K399 Pg . —&I— L941) 389.0488 • Fax: (9411389-044q - Cellular: (9411910-147P - o -mail RcbrHlllr;,aol.com May -25 -99 12:52P Robert H. Finker-nagel Robert H. Finkernagel, III 1 003 Angler's Cove Marco Island, FL. 33937 (813) -910 -1472 - Business telephone (813) - 389-04-49- Fax line Education: (941) 389 -0449 -{{f Y� BA - Communication Arts Uruversity of West Florida, Pensacola, FL. - June 1979. AA - Edison Community College, Fort Myers, FL. - June 1972. Professional Continuing Education - Various health care planning, marketing, and managed care seminars and workshops. Experience: 1994 to Present - President, Proactive Systems, Marco Island Florida. Responsible for a full service planning, marketing and development firm with special focus on the healthcare and commercial real estate investment fields. 1984 to 1994 - Assistant Vice President for Marketing and Public Relations. Cape Coral Hospital, Cape Coral, Florida. Member of administrative committee with regular attendance at board and medical staff meetings. Developed and established marketing function at 284 bed facility beginning in 1984. Supervision of a multifaceted marketing, public relations and advertising department. Current return on investment for hospital marketing budget: calendar year 1993 - 32%. Responsible for the planning, implementation and management of the hospital's long and short term marketing programs. MARKETING SYSTEM DEVELOPMENT -Developed and implemented one of the nation's first Patient Focused Care databased marketing systems integrating with hospital accounting and clinical systems. - Established database system for fiscal accountability and return on investment analysis of marketing programs. - First in marketplace to utilize a marketshare research system focused on sub - categories such as DRG's, zip codes, physicians, revenues, length of stay, etc. AGEN T No. .1 UN' z 2 1999 Pg._4ze?L P.03 May -25 -99 12:52P RobQvt H. Finkernagol (941) 389 -0449 P.04 MARKETING AND ADVERTISING Finkr. -nasal - Page 2 - Managed a department of 12 employees in marketing, research, program development, physician services, telemarketing, public relations, media coordination, copywriting, graphic production and community service. - Developed a nationally recognized physician and hospital services referral system with expansion into a database driven telemarketing department. - Coordinated all facility market research, including physician, patient, community and competitor analysis. COMMUNITY HEALTH SERVICES - Experienced in the development and marketing of satellite facilities and services for Fitness centers, Diagnostic Imaging, Community Education, Laboratory services and Physicians offices. - Over 10 years of experience in the supervision and development of community health systems including education programs, support groups, health screenings, fitness events and medical fairs. - Participated in fund raising program development and implementation for hospital foundation and other charitable organizations. MEDICAL STAFF • Experienced in working with all levels of medical practitioners. • Developed physician services including practice promotion, referrals, marketing research, data support, collateral development, office implementation and patient relations training. Participated in the development of a physician outcomes measurement system utilizing the APR DRG severity adjustment process. MANAGED CARE - Shared responsibility for hospital interaction with area providers and networks. Participated in merger feasibility process with large not- for -profit competitor. • Coordinated the initial marketing planning and implementation for the Health Source Alliance, a regional managed care provider network of eight not - for -profit hospitals. - Participated in the development of an Emergency Roam based occupational health and worker's compensation product line. • Experienced in all areas of state health care reform, CHPA's, AHP's, quality management, provider network development and managed care products. AGEN TE{N�'" No. J U N 2 2 1999 P9. 10 May -25 -99 12:52P Robert H. Finkernage1 (941) 389 -0449 P.05 Finkemagel - Page 3 Professional /Community Affiliations American Hospital Association - Society for Health care Planning and Marketing; American Society for Health Care Marketing and Public Relations, Health Care Provider Networks Section Florida Hospital Association - Association for Health Care Marketing. Sunhealth Marketing Council - Member since 1992 Advertising Federation of Southwest Florida — Member since 1985 Florida Public Relations Association - Member since 1985 American Cancer Society - Board Member since 1986 Cape Coral Chamber of Commerce - Board Member - 1991 -93 Coalition for Drug Free Lee County - Board Member 1994 Articles and Si2eaking "The Role of an Aggressive Hospital -Based Affinity Marketing Program" - Roundtable facilitator: Sunhealth Marketing Conference Charleston, SC. - 1988. "Cape Coral Hospital Among Top fn Medical Staff Satisfaction" - HosRital News Publication Spring 1990. "Health care Marketing 101 " - Guest presentation: College of St. Francis MHA program - Fall 1993. "The Role of the Referral /Triage Center in a Managed Care Environment" - Guest Presentation: Healthline Systems, Inc. 8th Annual National Client Strategy Conference, San Diego, CA. - 1994. References available upon request. Personal Data DOB 8/3/54 Marital status - Single Activities - Golf, Tennis, Fishing, Scuba, Boating Willing to travel AGE D IT No. J!J'! 2 2 109 Mai 25 °9 05:49p Fred U. Kogerra -- nowsapuls MAY 2 E 1999 -� pw4 ,( �ThgiQ� r Naples INi2A Civic Association 328 NIX Goodlette Road South Naples, Florida 34102 (941) 262 -2424 May 25, 1999 Mrs. Sue Filson, Administrative Assistant Collier County Board of Commissioners 3301 East Tamiami Trail Naples FL 34112 -4977 Ref: Collier County Community Health Care Ad Hoc Committee Dear Firs. Filson: The Greater Maples Civic Association exchanged correspondence with Commissioner hiac'Kie concerning the proliferation of organizations with Health Care Task Forces and recommending that they be folded into the subject committee. For some unknown reason GtiCA was omitted from the list of organizatiens that were "erandfathered" into this committee and we are enclosing copies of correspondence from Commissioners Liac'K;e and Constantine expressing their desire that GtiCA should be included by applying for one of the three "citizen" positions, which you are administratins. We wish to place on record our application for Mr. Thomas G. Schneider as the GNCA representative on this committee. A short biographical sketch is included. We draw your attention to his extensive experience in the health care industry as an invaluable background for his inclusion in the ad hoc committee. In view of the events explained in paragraph two, above, we would appreciate your confirmation of receipt of this application. Sincerely, Gordon R. Watson, President. Encl.- AGE IT.ErM" 94--jb-d No. Z= - J U N 2 2 1999 May 25 99 05:45p rr-eu u. THOMAS G. SCHNEMER Biographical Sketch 704 Turkey Oak Lane Naples FL 34I08 Tel: (941)98 -1885 • Naples Resident since 1997 • Recent graduate of Lesdership Collier blasters Class III Following completion of this program I was appointed cliair of next year's Health Care Day. • Retired senior partner - 34 years with Coopers & Lybrand L.L.P. Managing partner of Des :doings and `iianeapolis offices Lead life insurance practice in :Metropolitan New York City Industry specializations: Insurance, Health Care and State & Local Go,.ernment My experience as a CPA and partner with Coopers &: Lybrand (C &1.) for nz=rly 35 years has given me geed analytical skills, objecti-vity and the ability to ask tough. probing questions. Also, I was a member of C &L*s health care industr}, group for many %ears and was responsible for providing and coordinating a wide variety of professic=1 services to a number of hospital clients and other health care inrututions • Graduate of Gannon University, Erie PA, with a degree in Accounting. • Past communitti activities include: Des :Moines Symphony Board United Way of Minneapolis Board Minneapolis Nlavors Finance Commission - one of three sub - committee chairs. Parish Council - St. Patrick Church. Edina, NfN Bo} Scouts of America, Des Moines Boy Scouts of Amc.ica, Minneapolis, including Chief Financial Officer and Chairman of Capital Expenditures Committee Gannon University Advisory Board • Current member of St. William Parish • Current member Grey Oaks Country Club • Board Member Crester Naples Civic Association • Family: Wife, Pat, and four grown children • Hubbies include golf, duplicate bridge, travel and reading A G7ve � T ----- -- Na • 2 2 f399 F >� - �. Mai 2b bb Utz 4zjp -d- 3301 East Tamiartti Trait • Naples, Ronda 34112 -4977 Joan C Moms (941) 774.8097 • Fax (941) 774 -3602 Dre;nc. 1 .lames D Carter, Ph.D. District 2 Timothy J Constartire May 19, 1999 D!stncl 3 Pameia S. btac'Kie Distrct a Barbara B. Berry cistnc, S Mr. Gordon R. Watson President The Greater Maples Civic Association 328 Goodlet,e Road South axles, Florida 34102 RE: Collier County Community Health Care Ad Hoc Committee Dear. :YIr. Watson: Thank you very much for your letter of ),tav 13, 1999 in reference to the Collier Cou_*tty Health Care Ad Hoc Committer. Ir. your letter you indicate I had previously corresponded with you and had advised that the GNCA would be considered as a resource µ'hen the health care committee was formed. It was my oversight that GNCA was not included in the dialop-ue. It is my hope that the GNCA will submit an application for one of the 3 at -larze citizen positions on this newly established Collier County Health Care Ad Hoc Committee. I believe it is very important that we have the participation of the G'\CA. I have enclosed a copy of a recent press release for your review. Please note the deadline for acceptance of resumes if ivlay 28, 1999 and should be sent to the attention of NIrs_ Sue Filson, Administrative Assistant at the Board of County Commissioners offices. Thank you, again, for your letter. Please let me know if I may be of any assistance to you. Sin re Pamela S. Mac'Kie, Chairwoman Commissioner, District 4 PSNI:cb Enclosure AGENDA ITE�fL. NG. .Il.1 IkIl ^e 2 1099 q Pg. Mati 25 98 05: 5o o r 1 �CIZX� G��Gf,>'GE,'�X �Gk'U12�� VLv�7/IlZCddGG�.►ZP/X6 _ .� ' 3301 East Tamiami Trait • Naples 7- orida 34112 -4977 Jahn C- Ncrrrs (941) 774 -6097 • Fax (941) 774.3802 District I James O. Carter. Ph.D. Distnct 2 Timothy J. Unsanune eta} I8 1999 Oistnct 3 Pamela S. Mac'Kie Oistrici 4 Satara B. Berry Oistrct 5 Mr. Gordon Watson, President Greater Naples Civic Association 378 Goodlette Road South Naples, Florida 34102 RE: Collier County Community Health Carc Committee Dear Lir. �Vxson: As a follow -tip to your March 19. 1999 letter. to Commission Chairwom:ui Itiac'Kie, re-aardirtg Collier County health care issues. During the Board of County Commissioners meting of klav 11, 1999, the Board approved the creation of a Collier County Community Health Care Ad Hoc Comrr_;ttee. Because of the GNCA's on -oine interest, support and participation in health care issues in Collier Count%% I'm sure your membership is pleased by the BoarC's decision. I would encourage submission of an application(s) from individuals from the mernoersnip roster which was submitted with you letter of Lurch 19`' for a position on the Ad Hoc Committee. The Board of County Commissioners is seeking applications for 3 at -large citizen positions on the Committee. The deadline for applications is MAY 28, 1999 and should be submitted to Mrs. Sue Filson, Administrative Assistant, Board of County Commissioners office. If I may be of any further assistance to you on this or any other matter, please feel welcome to contact me. TJC /cb With Timothy J.ronstantine, Vice Chairman Co issibner, District 3 i AGEN TE No. J��A' //2 2 1239 ROBERT E. JOHNSON PEMVED 11246 Phoenix Way ^ Naples, FL 34119 MAY 2 4 1998 May 20, 1999 Board of County Commissioners 3301 U.S. 41 E. Naples, Florida 34112 Attention: Sue Filson, Administrative Assistant SUBJECT: POSSIBLE PARTICIPATION AS MEMBER -AT -LARGE WITH COLLIER COUNTY COMMUNITY HEALTH CARE AD HOC COMMITTEE Honorable Members of the County Commission: I am a Naples resident and businessman with more than 20 years involvement in providing housing, products and health care services for older adults nationwide and I would like to volunteer to serve on the Community Health Care Ad Hoc Committee now being organ z_t' My background includes extensive corporate experience with companies developing a-a.d operating retirement communities. assisted living and skilled nursing I have overseen sates efforts for such specialty care programs as Alzheimers. subacute and adult day services and have helped to organize a geriatric physicians' practice. an Acing Research and Education Center and a variety of acute care hospital programs. In Pittsburgh I served as part of a strategic team that created a community-based health care network and a "seamless continuum of care' for improving the de!ivery of geriatric health care products and services to seniors in cur area with the rapid advancement of managed care. I am currently self- employed and provide management and consulting ser4 ces for ccmpanles and acencies —for- profit as well as not - for - profit — "committed to meeting the needs of the c!=_acied, disadvantaced and elderly. I am particularly effective working with churches and other community groups. government agencies and commissions, financial institutions and foundations innovative civic, benevolent and educational organizations and professional associations I would be honored to serve as an at -large member of the newly- founded committee, should my se^rces be needed. Enclosed is a summary of my personal resume. Thank you for your consideration. Best personal regards, Robert Johnson (o) 941- 572 -2635 (h) 941 -596 -7737 AGENp ITE No. JUN 22 1999 Pg. ROBERT E. JOHNSON PERSONAL INFORMATION 11246 Phoenix Way, Naples, FL 34119 (h) 9411596 -7737 (o) 9411572 -2635 PROFESSIONAL SUMMARY Successful management executive in housing. products and health care services for older adults. Excellent interpersonal skills and experience managing national programs of administration. public relations, advertising, sales and marketing, employee relations and customer service. ACCOMPLISHMENTS • Headed pre - opening task force for a prototype assisted living program, opening three months ahead of schedule and filling to capacity within seven months. • Reorganized a S30 million retirement housing property under development by Texas subsidiary of Swiss multinational corporation. • Coordinated openings for 25 new residential communities and 10 long -term care facilities Converted five existing properties to assisted living centers Rerositicned a 105 year cld nursing center as a "specialty care center" featuring three new "programs cf exce!lence ' • Managed volunteer /re!icicus organizations. with full administrative and orcanizationai responsibility Maintained active schedule of public speaking, lectures. media appearances and newspaper features as commentator on lifestyle issues affecting cider adults • Worked with, managed or consulted with more than 100 facilities nationwide. Implemented more than 85 comprehensive promotional plans • Reorganized over 30 sales offices, hiring sales professionals and implementinc acere=_ssve training programs. PROFESSIONAL EXPERIENCE LIBERTY HEALTHCARE GROUP, Naples, FL —Vice President of Marketing Joined family -owned healthcare company to guide marketing efforts and national expansion of assisted living and affordable retirement housing options. Provided leadership for assisted living, independent living, Alzheimer's and skilled nursing programs. FREEDOM GROUP INC., Bradenton, FL —Vice President Marketing Joined growing senior housing developer to standardize sales and marketing approaches and assist in national expansion. Company was sold and position was eliminated. LUTHERAN AFFILIATED SERVICES, Cranberry Twp (Pittsburgh), PA— Senior Vice President for Marketing Chief marketing officer for regional geriatric health care system serving a five state service area. Programs included an Alzheimer's continuum of care program, clinically -based assisted living program, sub -acute care center, geriatric medical practice and PACE (Program for All- Inclusive Care for the Elderly) a Federal adult day care demonstration project. RETIRE, INC., Kerrville, TX dba THE HIGHLANDER OF KERRVILLE- Executive Director /Chief Operating Officer COO for Texas corporation developing retirement community for Swiss inve responsibility for planning, construction, marketing and management. AGE No./ J LI N 2 2 1,13S9 Pg. /i l Robert Johnson USAA REAL ESTATE COMPANY, San Antonio, TX dba USAA TOWERS — Executive Director - -Sales and Marketing Directed all sales and marketing for USAA retirement community, including a S75 million luxury high -rise cooperative and attached skilled nursing center. BEVERLY ENTERPRISES — RETIREMENT LIVING DIVISION, Virginia Beach, VA Vice President of Sales and Marketing: Public Relations Coordinator /Florida: Director of Marketing Directed sales and marketing programs for 17 retirement properties and 8 health care centers. Grand opening specialist for upscale private -pay nursing homes in Florida. Served as company spokesman in local markets. = - BAPTIST HEALTH CARE SYSTEM, INC., Nashville, TN— BAPTIST HOSPITAL Vice President Communications /Marketing Directed communications, public relations, marketing and community relations for leading 750 -bed medical center. AMERICAN RETIREMENT CORPORATION, Nashville, TN— Marketing Director: Regional Marketing Director: Director of Public Relations Planned and executed retirement hcus ng promotions. evaluating the effectiveness cf sales and marketing approaches. media programs and special events for company proper, es. HOLDER- KENNEDY & COMPANY, Nashville, TN— Public Relations Consultant Account executive for national clients in hospital management. health care cost coma nment. hcspitalitylfcod service. professional associations. senior hcusinc and political carn^palcns EDUCATION Belmont University, Nashville, TN— Bachelor of Science Southern Baptist Theological Seminary, Louisville, KY— Master of Divinity. Doctor of Ministry MISCELLANEOUS Ecard of Directors of National Association for Senior Livinc Industries (NASLI). 1994 -1997 Author, lecturer and radio advocate on behalf of senior lifestyles and "Redefining Retirement" Founding member and Gold sponsor of the Senior Games, Kerrville, TX Corporate affiliations: NASLIE— National Association for Senior Living Industry Executives AAHSA — American Association of Housing and Services for the Aging ALFA— AGsisted Living Federation of America NCOA — National Council on Aging A.SA —Aging Society of America GHAA —Group Health Association of America PANPHA — Pennsylvania Association of Non - Profit Homes for the Aging Hospital Council of Western Pennsylvania Rotary Club — Kerrville, TX ('90 -'92), Zelienople, PA ('92 -'94) Republican Committeeman, Cranberry Township, PA President, Cranberry Area Republican Club ('96 -'97) Who's Who in the World -1994 Edition Who's Who in the South and Southwest -1992 Edition AGE No._ JUtj 22 2 1999 Pg -_CMG Guadalupe CenterA,, ageiicy serving the poor of Immokalee P.O. Beer 1053 • 211 South Ninth Street • hmno -alee, Florida 3.1143 -1053 (911) 657 -4361 • Fax (941) 657 -6816 May 18, 1999 Mrs. Sue Filson, Administrative Assistant Board of County Commissioners 3301 U. S. 41 E. East Naples, F1. 34112 Dear leis. Filson, �,iA..Y 2 ; 19 c9 IWN of 04OW4 GimiftWNW% It is my sincere hope that the new Collier County Health Care Committee would include representatives from non - profit agencies who provide direct services to indigent people in Collier County. I voiced my concern about this need at the recent Town Hall IVieeting held with county commissioners in Immokalee last week. Therefore, I am submitting my name as a nominee for this committee, representing the poor who live in Immokalee. As you will note from my resume, I have had an extensive health care background, as well as over 10 years experience working with the rural poor. I have also sent the names of others interested in participating on this committee to Dr. Konigsberg from the Health Dept. who also attended the Town Hall Meeting. At the meeting, participants voiced concern that no one from Collier Health Services, Inc. nor from the county's Social Services were selected for the committee. I am attaching a copy of my letter to him. Thank you for your consideration of this request. Sincerely, - L I er Sr. Judy D'ohner, Executive Director AGEN T No. J U N' 22 1999 Guadalupe Anagency _ PO Box 1053 • 211 South Ninth Street • Immokalee, Florida 34143 -1053 (941) 657 -4361 • Fax (941) 657 -6816 N_ 17, 1999 Collier County Health Department attn.: Dr. Charles Konigsberg, Jr., NID 3301 East Tamiami Trail PO Box 429 Naples, Fl. 34106 -0429 Dear Dr. Konigsberg, It was good to meet you during your visit to Immokalee last week. Thant: you for taking the time to come and hear about the needs in our community. As I mention:.d at the Town Hall Meeting, I have some concerns that the Community Health Care Committee that is being formed to examine medical services in the county does not include representatives of agencies that work in direct service with indigent people. I would like to suggest the following be included on the committee: Sr. Judy Dohner, Executive Director Guadalupe Center, Inc. - PO Box 1053 Immokalee, Fl. 34143 ;pis. Frances Stoianoff Catholic Charities Family Resource Center 2408 Linwood Ave., Suite 1 Naples, Fl. 34112 Collier Health Services. Inc. titr. Richard Aiken, Administrator 1454 Madison Ave. Immokalee, Fl., 34142 Collier County Social Services ;Martha Skinner, Dept. Director 3301 East Tamiami traii Naples. Fl. 34106 I look forward to hearing from you and wish you luck in the tremendous task before you. Sr. Judy Dohner, Executive Director AGE No. , Pg'23, RESUME SR. JUDY DOHNER, H.M. 1006 NEW MARKET ROAD IMMOKALEE, FL. 33934 EDUCATION: St. Sebastian School Akron, Ohio 1951 -59 Our Lady of the Elms High School Akron, Ohio 1959 -63 St. Joseph School of Practical Nursing Lorain, Ohio 1967 University of Akron Akron, Ohio 1970 -73 B.S. in Nursing Ohio State University Columbus, Ohio 1978 -79 Cray -atc in Merta]. Healt: Nursing EMPLOYMENT: Rosemary Home for Handicapped Children Cleveland, Ohio 1968 -69 St. Joseph Hospital and Health Center Lorain, Ohio 1973 -78 Discharge Planning Coordinator Patient Educator Director, Hospice Program St. Elizabeth Hospital Youngstown, Ohio 1980 -82 Clinical Specialist, Pschiatry Clinical Specialist, Oncology St. Joseph Hospital and Health Center Lorain, Ohio Director of the Oncology Program Director of the Hospice Program r East Coast Migrant Health Project Field Nurse, Florida and Virginia 1989 -90 East Coast Migrant Health Project Washington, D.C. Project Director 1990 -91 Guadalupe Center, Inc. = Immokalee, Fl. Executive Director 1991- present Civic and Community Involvement Board Member, American Cancer Society in both Lorain and Mahoning Counties (Ohio) , Member, National Hospice Organization Certified Oncology Nurse Board Member, Stepping Stones of Col. County Board Memh; -z Friendship House, Immcksl ee Board Member, Hospice of Naples Committee Member, Emcowerment Zone Committee for Immokalee. SUMMARY: Sr. Judy Dohner joined the Congregation of the Sisters of the Humility of Mary, a Catholic organization, in 1963. She was a nurse working in the congregation's hospitals for 10 years. Her areas of expertise in health care were with cancer patients and with they dying in Hospice programs. In 1989, Sr. Judy left hospital nursing care to work with the rural poor and migrant farmworkers. She was active in migrant clinics in both Virginia and Florida. In 1990, she became the acting director of East Coast Migrant Health Project in Washington, D.C. Eighteen months later, she again joined the ranks of those "in the trenches" by accepting the position of Director of Guadalupe Center in Immokalee. AGE NO--J JLIN 2 2 9 Pg . _1;7 c Since coming to Immokalee, Sr. Judy has expanded the Center's children's programs and initiated a Peace Education curriculum in both her programs and in all the grade schools in Immokalee. The Center continues to meet the emergency needs of the migrant and rural poor through the Soup Kitchen and Clothing and Shower Programs which help over 5,000 people monthly. Sr. Judy is also active in her local Church where she plays the guitar and organ and sings in the choir. She has also had a great deal of experience 'giving retreats and days of reflection all over the United °States. AGENf�AdT No. // / j JLIN 2 2 =Sjs Pg •�, =ROM : DIJESIFIED EUSN SOCS PHONE NO. : 9413897676 Rc.fKF.o r" aozzo ma 920 TAYLOR COURT MARC-0 (OLANO, rL Z414Z PHONE: 941 -30 -0031 : FACSIMILE #:941 -359 -7676 May. 21 1999 10:58RM P1 W-MVED MAY 2 1 1159-9 bari of Cwt C�a i sE ia• s FAX TRANSMISSION DATE NUMBER OF PAGES Ctfii IUDING THIS ONEJ TO: FROM: ` CZ . �� zzo �{ •> . ' I MESSAGE: r IAGE No._ JVV 22 I^99 zz 21 : DIUESIFIED EUSN SUCS PHONE N0. : Alfred R. Bouo M. D. 520 Taylor Court Marco Island, Florida 34145 Phone 941- 339 -0037 Fax 941- 389 -7676 May 21, 1999 Sue Filson, Adrninistative Assistant Board of County Commisioners 3301 U.S. 41 E. E. Naples, Florida 34112 Dear Ms. Filson_ I would like to apply for one of the three at -large citizen positions on the newly established Collier County Health Care Ad Hoc Committee. As you can see from my resume, I am a retired physician who has lived in Collier County for more than two years and live here year round. I am a voter in Collier County. I certainly have a deep and abiding interest in health care and health care access to all . I believe that my expertise may be of value on this committee and would like to be considered for one of the positions. If you have any further questions, please do not hesitate to contact me. Sincerely yours, �_Q� atj±'� Alfred R. Bozzo MD ADEN A IT No. .It1' 2 2 1 .339 ROM : DIUESIFIED EUSN SUCS PHONE NO. : 941367ebrt ALFRED R BOZZO MD 520 TAYLOR COURT MARCO ISLAND FL 34145 PHONE: 941 389 -W37 FAX: •94 i 389 -7676 I•in� L � i�:iJ k" d e( (4097 U={ M i* 3 EDUCATIONAL AND PROFESSIONAL CURRICULUM VITAE PrM. edical Georgetown University, Washington DC Education - B. S. Graduated June, 1958 Medical School Georgetown University, Washington DC Course - Nt.D. Graduated June- 1962 Internship - iNieadowbrook Hospital, Hempstead, New York Rotating Service - July 1962 -June 1963 NEiitary united States Air Force, Robins AF Base, Georgia Service - Assista,nL Surgeon - August I963 -July 1965 _._ Residencies - Georgetown University Hospital, Washington DC General Surgery - August I965 -June 1966 Georgetown University Hospital, Washington DC Urology - July 1966 - June 1969 Certification by American Board of Urology Inc. American Sp=alty Date of Certification - Marcie 13, 1972 Boards Hospital Newton Nfemorial Hospital+- Newton, New Jersey Appointmcnu Active Attending Urologist - July 1969 - August 1996 Grief of Surgery May 1, 1976 - April 30, 1978 Vice Chief of Staff - May 1, 1986 - April 30, 1988 Chief of Staff - May 1, 1988 - Apri 30, I 990 Past Chief of Staff - May 1, 1990 - April 30, 199' Hackettstown Community Hospital , Hackettstown, New Jersey Active Attending Urologist - January 1973 - August 1996 Wallkill Valley General Hospital - Sussex, New Jersey Consulting Urology - July 1969 - August 1996 Medical Society Sussex County Medical Society - July 1969 - August I< Memberships New Jersey Medical Society - April 1971 - August 1996 AGEN T No. Pg. 79 FROM DIUESIFIED EUSN SUCS PHONE NO. : 9413e97676 Mau. 21 1999 10:59AM P4 New Jersey Urolo�oz Society - 197= - Auwst 1996 Fellow Academy of M=kine of New Jersey March 1971 - Auszust 1.996 Fe'low American College of Surgeons 1973 - August 1995 Now Retired Member Chairman of the Urology Section of the Academy of M&dicine of New Jersey 1974 - 1975 Clirrical Instructor - lirolo°y College of Medicine and Derr6stry of New Jersey, Newark, New Jersey 1974 - 1975 American Urolo_eic Association - New Yora Section Apri 1973 - Aug= 1996 Now Retired �lerzb� American Lftbotripsy Society Past Member - American Medical Association Amesicsn Fera iry Society Society Clinical Urclogsts a AGEND No. Jli" 22. ISM Pg. . V E D Mav 19, 1999 Mrs. Sue Filson Administrative :assistant Board of County Commissioners 3 ,O 1 U.S. 11 E East Naples. FL 31112 D-car Mrs. Filson: I am Onclosin°_ n:%' restiin:: and %\ is ,. to be considor�d for one of the three citiZell positions for the estabiishec? Collier County community Heald: Care A� Hoc Committee. I fee', I have the necessary qualifications for this position and and very interested in the heald" care s"stenls in Collier County. Lookim-, foT-ward to hearing from you. Sincerely, c 'Richard R. Gyorkos /✓ AGED I No. JL" 2222 9 P9,� RESUME RICHARD R. GYORKOS P.O. Box 3126 Naples, Florida 34106 45 -5-290-5 PERSONAL: Born in New Pori: Cite. Graduated from Woodbrid�,ze Hiah School. Woodbridge. New Jersey in 1943. Attended School of Optics in Brooklyn. New Fork:, graduated in 1946. Served in the U. S. Army infantry from 1943-19-16. Received the Purple Heart and thc: Bronze St :r. H-c"orabiv discharged in January 19 -'.6. Owner and operator of Christiana Optical Company, 700 Second Avenue North, Naples, Florida from 1971 until retirement in December 1999. Have lived in Coilier Countv since 1971 present],, residing at 5000 Palr,etto Woods Drive. Naples for the past 21 years. PROFESSIONAL: June 19S5— Served as a %writer for the %' -Tccs Opticianr% curriculunn for Florida State Department of Education. Se:-ved on Statc Committee for Professional Opticians of Florida. Still presently a licLnsed optician. Pas; president of Gulf -Coast Chapter of Professional Opticians of Florida also scr%ed on Board of Directors for several years. 1992- 1993 — Serced on the Citizen at Larze for Collier Counts `•.letropoli;an Plannins Or`anization Citizens Advisory Committee. 1990 -1995— Florida State Board of Dispensing Opticans. During my tenure I served as Chairman of the Apprentice Review Committee and Continuing Education Committee. AG!_1.1 I N6. _ FY JVIt' 2 2 299 p9.Zj2f- FIRST NATioNAL BANK OF NAPLFs P.O. Box 413043 Naples, Florida 33941.3043 Phone: (813) 262 -76co F,-',-X: (8 13) 26 :-628- Nlav 19, 1999 Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 U.S. 41 E Naples. FL 34112 Dear Ms. Filson: . ;1,Y 7 1 iggg Please accept my resume' for consideration to be placed on the Collier Count% Health - Care Committee. I would eery much appreciate the opportunity to serve Narles and Collier County b% participating on this comunitte:. Should there be am- questions or discussion required. please do not hesitate to contact me. Sincerely. 1 rre 1 l E. Ward Senior Vice President "Where little things make a BIG difference." AG No. JUN' 22 IS99 P9- Darrell E. Ward 07DarreIFE ar50 to Costa Cir. #203 aples, FL 34105.6621 Experience: 1997 - Present Vice President First National Bank of Naples Organized Private Banking Department Introduced Investment Services 1992) - 1996 Vice President Barnett Bank of Naples Organized Private Banking Department Obtained Series 7 License and Series 63 License 1985 - 1992 Senior Vice President and Senior Lending O -ulcer Citizens & Southern National Bank of Florida 19K - l 9S_; President R, Chief Executive Officer. Member of Board of Directors Southeast Bank of Lee County, N.A., Fort Myers. Fiorida Responsible for the entire bank; avera17inc 5 -50- %Zillion in Assets 1975 - 19S' Senior Vice President and Senior Lend1n2 Officer Florida National Bank Primarily responsible for commercial loans with matrix responsibilities to other lending areas. 19bo - P), S Ice President Southern Ohio Bank Commercial Lending= Officer. Attained 1?9 °0 of projections in seven months Organized and managed a commercial credit department, promoted 1976 to Vice President and was included in Senior Management; participated in planning for entire bank; wrote and implemented a Loan Polic%, and Management Trainin, Pro <uram. Retail credit ranainiJ from Installment Loan Buv_ er to Hanauer of Installment Loan Department. Branch work rangin, from Teller to Assistant Manager. 1961 - 1966 Entry Level Bank of West Virginia Various clerical duties. AGE T No. JUti 2 2 1999 MATTHEW LEVINE E M VEr. 6610 CUTTY SARK LANE NAPLES, FL. 34104 Home Phone 941 -353 -2222 h�ny L 0 1q9q Its-, se %1a* 18. 1999 MRS. SUE FILSON. ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS 3301 U.S. 41 EAST EAST NAPLES. FL 334112 Dear Mrs. Filson% 1 am responding to the article in the Naples Daily News. dated Ma% I Sth. 1999, relating to an application for,,our ne%%1% established Collier County Communir% Health Care Ad Hoc Committee. 11v experience "as in the health Field in the state of New Jerse% for approximatei,� 23 ,ears. and I �kould like to be considered for this Ad Hoc Committee. The follo� king is a summary of m- qualifications: 1) June. 199 -t- Sept ember . 1995 - Controller - a perfume distributor in Ft. fibers. FL 3) Januarti. 1975- October, 199: - Financial Reporting. Accounting `tanager. Chief Accountant - St. Francis titedical Center. Trenton. NJ ?) October. I9- 1- Januar,. 197 - Budaet Coordinator - Ne« Jerse,, Hospital Association. Princeton. \J 4) October. 19:5- Januar} 197; - Cost Accountin_ %, 1ana_er - Thiokol Chemical Corporation. Trenton. NJ BA - Temple t:ni�crsir`. Philade!phia_ PA b) Listed in --\k ho's `vt"ho In Finance and Industry" 7) Member - Institute of Management Accountants B) M6 , es a, - C, r7 of NAe(,S.S — Nolsze Cam.., PRTIG 1r� c I trust that the aboke information %kill be helpful to you in making a decision. Yours truly. a.G( hlatthe« Levine AGE nI 1tM- N0 JUN' 2 2 1 n9 P q . ��-- n co 1 /r E( 00 J ✓►1 I C .: "•.tx Hca r rh WCIIM V ;=fir; 7 �-�r '1 c G &Orr a COMIC) :oriss'.a�• +L � �,f }� L � � � �,L �7�. LJ l - i- -��� -� `'��- �- `- �1.�:.,'77�✓�r � C1i� -cam 1 6-j t z z c� ire 2ou LL's n-1-rk (LL 1 AGE T No. ,I U ti Z 2 iSS9 Pg. `-�� C�-�. �-�. {, �- C-�,, f�4� ��4 1. • -:�.�� . -_-�- �� },. r D r 'j Lw - koLIVL- AG y" EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE CITY /COUNTY BEACH RENOURISHMENT ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to serve the remainder of a vacant term, expiring on February 28, 2001, on the City /County Beach Renourishment Advisory Committee. CONSIDERATIONS: The City /County Beach Renourishment Maintenance Committee has 1 vacancy due to a resignation, with the term expiring on February 28, 2001. This 11 member committee was established by the City of Naples Resolution No. 91 -6295, as amended, and Collier County Resolution No. 92 -656 as a technical advisory committee to formally advise the Board of County Commissioners as well as the Naples City Council. This committee consists of 2 City Council members, 5 citizens (appointed by the County), 4 citizens (appointed by the City), and 2 non - voting technical advisors. Members must file a Form 1 Financial Statement each -year with the City of Naples. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 5 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. John Soldenwaaner Collier County 1 yes Robert C. Bennett Collier County 3 yes Gregory G. Smith Collier County 5 yes David A Roellig Collier County 2 yes Kelly Samek Collier County 3 yes COMMITTEE RECOMMENDATION: 2 choices - John Soldenwagner or David A. Roellig FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 1 member to the City /County Beach Renourishment Advisory Committee; and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JUNE 22, 1999 AG�NI[1i� fi" No __ P g City /County Beach Renourishment Maintenance Committee ff "ork Phone Appt'd Erp. Date Terns Name Honte Phone DateRe -appt 2ndE. pDate 2nd Term Michael Stephen 3106 Horseshoe Drive South 643 -2324 Naples, FL 34104 District: Category: TECHNICAL: non - voting member Jon C. Staip-er 73 5 Eighth Street South 434 -3059 Naples. FL 34101 District: Categog TECHNICAL: non-voting member Ham, Huber 3301 E. Tamiami Trail 774 -8489 Naples. FL 34112 District: Category: TECHNICAL: non - voting member Carol Lynn Kendall 498 Galleon Drive Naples. FL 34102 District: Category: Cite of Naples Alexandra S. Gunderson 64-5 Galleon Drive Naples. FL 34102 District: 4 Category: Cite of Naples Bonnie R. MacKenzie 2130 Gulf Shore Blvd.. N., 4407 Naples, FL 34102 District: 4 Category: Naples City Council 0( Hubert E. How Jr. 3541 o rive Naples, 4102 Distric : 4 Category: City of Naples 05/'06/98 434 -9239 05,'07197 263 -8511 O5I06 %99 05,'06,'99 434 -4601 03101!96 03,101/98 262 -4957 2/18198 02,17;'00 10/07,198 10/06/00 262 -5207 I Fear 2 Fears 2 Years 2 Years 2 Years Thuu sdati October 15, 1998 Page 1 of 3 .•�•■�++�i° AGEN I M Noo r City /County Beach Renourishment Maintenance Committee Name Worti Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Joseph Herms 434 -4601 02/18:98 0217/00 2 Years 167 3rd Avenue. South Naples. FL 34102 District: 4 Category: Naples Cite Council James H. Brennan 04/22.'96 03- '31,'98 2) Years 4951 Gulf Shore Bled- N. 261 -9180 10/7'98 10.06:`00 �_ Years Naples, FL 34103 District: 4 Category: City of Naples Kenneth H. Dunne S h� r �� r ✓ 01 /20,'95 02:'28,`01 3 Years 11 13 3 594 -0269 Naples. F�3-#-1-6t3-3 -� I10 District��'. 7 Catego�-. ollier County Catherine Kennedy -Campb 0901 '98 02.2500 Years 7035 Greentree Drive 594 -1953 Naples. FL 34108 District: 2 Categbrti•: Collier Coumv Richard E. Lvdon 02'23; 93 02. ' S '93 2 Years 430 Trade Winds Avenue 597 -2746 9 1 '9S 02.'28'00 2 Years Naples. FL 34108 District: 2 Category: Collier County Charles Metz (& 3-3-(1 03/26;'96 02'28'99 Years 481 Bayside Avenue 591 -8215 �-�8 ®� y Naples. FL 34108 District: 2 Category: Collier County Lee R. Weeks 597 -3123 09/01/98 02 /28/00 2 Years 6737 Mill Run Circle 514 -3055 Naples, FL 34109 District: 2 Category: Collier County ""R�"^'1T.m1: S.RTE' =':: - - ••'!3S -]]Y: �315.�^SZII: �' ^::? Thursday, October 15, 1998 Page 2 of 3 E r0N G IT N �rU � f�G� JON 22 T19 pg. 3 City /County Beach Renourishment Maintenance Committee [Fork Phone Appt'd Erp. Date Ternt 1�'atne Home Phone DateRe -appt 2ndE.ipDate 211d Term This 11 member committee was created by City Reso. 91 -6295, 91 -6421, 93 -6853, & 95 -7359 & County Reso. 92 -656 as a technical advisory committee to formally advise the BCC and City. BCC appoints 5 members (terms are set by the City) and the City appoints 6 members. There are 3 technical, non - voting advisors. Terms are 2 years and members must file a Form 1 Financial Statement each year with the City of Naples. City staff person: Dr. Jcn Staicer 434- 4655 (fax 434 -3059) and Tara Norman, Naples City Clerk 434 -4701 FL ST.-! T. Staff: Harry Huber, Technical Services Supervisor, OCPV 774 -8494 I�faRP�6iL 'ar- •••w•r-.T �. ­1 1. S Thursday, October 15, 1998 Pine 3 of 3 t aGENiJ IT No Pg. k A- 4 . COLLIER COUNTY PUBLIC WORKS ENGINEERING DEPARTMENT. :. MEMORANDUM'[ leer a eat C ;. DATE: June 11, 1999 TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: arry Huber, Project Manager III Public Works Engineering Department RE: Beach Renourishment /Maintenance Committee I am in receipt of the resumes from applicants for the current vacancy on the subject advisory committee. Such were forwarded to the committee for their review and recommendation. At their regularly scheduled meeting on May 6, 1999, the Beach Renourishment /Maintenance Committee made the following recommendation for appointment to the current vacancy: David A. Roellig (see attached minutes) Subsequently, at their meeting on June 10, 1999, having received his resume, the Committee also recommended that John Soldenwagner be considered for appointment to the current vacancy. If you should have any questions or require additional information, please give me a call. attachment cc: Beach Renourishment /Maintenance Committee Jon C. Staiger, Ph.D., Natural Resources Manager NIEMO.HEH.1h.99.032 AGES` "v I . No. _ ,(�f ,1uti 2 2 1999 pg. Beach Renourishment/;♦fain ten ance Committee Meeting — May 6, 1999 -9:00 a.m. number, and; 2) Reference in the third paragraph the resulting $450,000.00 deficit without the tax revenue and $2 million reserve if the tax is continued; 3) This letter will also stress that beaches cannot be maintained without this tax revenue; 4) The letter will reference beaches and passes rather than museums and tourism promotion, and; 5) Language will be added to stress potential results without this revenue and to emphasize that this is a tax funded by tourists. It is noted for the record that Committee Member MacKenzie left the meeting at 11:36 a. M. Chairman Lydon asked that transmittal of this letter be at his discretion and it was determined that The Conservancy would not be asked to cosign. Nicole Ryan, of The Conservancy of Southwest Florida, informed the Committee that her organization had transmitted its position statement to the Board. of County Commissioners and was likewise considering a letter to the editor on this issue. ..........................:................................................... ............................... ...........................ITEM 8 REVIEW/RECOMi1IENDATIOti FOR APPLICANT (S) FOR COUNTY COlL11ISSION APPOINTEE(S) TO THE CO.NBIITTEE. (11:43 a.m.) Member Gunderson pointed out that candidate, and Marco Island City Council Member, John Soldenwagner had not submitted a resume. Chairman Lydon reminded the Committee of past efforts to include a Marco Island representative; however, 'pis. Gunderson noted that other candidates, particularly North Maples resident David Roellig, appear better qualified. Member Dunne took the position that this Committee should not include another political entity and listed his preference of candidates which also included Mr. Roellig. Member Kendall suggested that the Marco Island City Council ask the County Commissioners to amend the enabling ordinance to ensure their representation on this Committee. She agreed that Mr. Roellig may be the best applicant and stressed that the Committee should look at the candidates' qualifications in filling this vacancy. Member Howard stressed that every effort should be made to include a Marco Island resident and Chairman Lydon reiterated for the record that the Committee had in fact repeatedly attempted to secure a Marco Island representative. Af0T10A' by Dunne to RECO.1flMEAD THE APPOINT.1fENT OF DAVID A. ROELLIG TO THE BEACH RENO URI .YH.1fENT/r1L91NTEti'AA'CE C0,1f.111TTEE; seconded by liendall. After the discussion that appears below, this motion carried 4 -3. (Brennan-yes, Dunne-yes, Gunderson-yes, Hernzs- absent, Howard-no, Kendall-yes, Ken netly- Campbell-absent, MacKenzie- absent, Weeks -no, Lydon -no). Member Weeks expressed concern about how Marco Island might interpret such a recommendation. Member Brennan, however, questioned how the Committee could recommend a candidate without a resume. Committee Member Howard suggested waiving the application deadline to allow Mr. Soldenwagner to provide a complete application or permit an application from another Marco Island resident. Member Kendall, however, stated that Mr. Soldenwagner's status as an elected official prevents him from serving on this advisory committee legally, unlike the case with Member Herms and MacKenzie whose positions are specifically stated in the enabling ordinance. After further discussion regarding the merits of the candidates and the desire to include a Marco Island representative, the Committee determined that the motion and vote would stand as indicated above. ..................................................................................................... ............................... ITEM 8 -a DISCUSSION OF A MEMORANDUM OF AGREEMENT AMONG THE BEACH AND 111'LET CONVOCATION REGARDING COASTAL BEACH 'fir E TE MANAGEMENT. There was no discussion regarding this item. NO ` 7 22 1,099 t 06/10/99 THU, 15:27 ti1.1 V41JOV40aa June 10, 1999 Ms. Sue Filson Administrative Assistant Board of Collier County Commission 3301 East Tamiami Trail Naples, Florida 34112 -4977 VIA FACSLM.ILE 774 -3602 Re- Appointment of Councilman John Soldenwagner to the Naples/Collier County Beach Renourishment Advisory Committee Dear Ms. Filson: The Naples/Collier County Beach Renourishment Advisory Committee met on June 10, 1999. Included on their agenda was a discussion regarding the appointment to fill a vacancy on the Committee_ The Committee discussed the appointment of John Soldenwagner, a member of the Marco Island City Council. The Committee voted to recommend the appointment of Councilman Soldenwagner in addition to the individual they recommended during their previous meeting. Mr. Harry Huber of your Public Works Engineering Department will confirm the Committee's recommendation. Sincerely, U A. illtam MOSS City Manager AWM/bal cc: City Council AGI�' NO* - °--�-", 950 North Collier Boulevard, Suite 308. Marco Island, FL 4145 (941) 389 -5000 FAX (941) 389 -4359 06/10/99 THU 15:27 FAX 9413894359 CITY OF MARCO ISLAND z 001 THE CITY OF MARCO ISLAND 950 North Collier Boulevard, Suite 308 Marco Island, FL 34145 Telephone: 941-389-5000—Fax 941 - 389 -4359 FAX TRANSMISSION COVER PAGE Date: 06/10/99 Number of Pages, Including Cover Page: 2 To: Ms. Sue Filson_ Administrative Assistant_ Collier County Commission From: A. William Moss. Citv Manager Fax Number: 774 -3602 Regarding: Appointment to Naples /Collier County Beach Renourisbment Cte. This message is intended for use only by the person or organization to which it is addressed and may contain information, which is privileged, confidealial, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employer or agent responsible for delivering the message and/or ._ documents to the intended recipient, any distribution or copying of this commani.cation is strictly prohibited If you have received this oommumcation in error, picase notify us immediately at the address and/or number listed above. AGENO 7 No= -11W L Z l'-49 Pg. U ,maIl°cCcp 1191alla April 2S, 1999 GIs. Sue Filson Administrative Assistant Board of Collier COLIntV Commission 3301 East Tamiami Trail Naples, Florida 34112-497/7 Dear GIs. Filson: Enclosed for your information is a coPy of a letter to Chalr�%oman Pamela Mac'hie. The Marco Island Cite Council has requested that Councilman John Soldenwagner be appointed to the Citv'Count� Beach Renourishment Conunittee. Sincerely, . William Moss Cite Nlana_er AWN 1. s r- 1 ii is insure 950 North Collier BOLI]Q 'ard. Suite 308, Marco Island, FI. 3414 (941) 389- 5000 F.AX (941) 3�9- 43z,') AGEN No. �qa *2 2 .999 C"�_T ( Of /IaTUn t- s April 21. 1999 Honorable Pamela S. Mac'Kie, Chairwoman Collier County Commission 3301 East Tamiami Trail Naples, Florida 34112 -4977 VIA FACSIMILE (774 -3602) AND REGULAR MAIL Re: Appointment to the City /County Beach Renourishment Maintenance Committee Dear Chairvvoman Mac'Kie, We are advised that an eleven- member committee was esta:,lished by Collier county and the City of Naples to serve as a tec71nical ad, sort' committee to t:ne Board of County Commissioners and the Naples City Cou -.cil. 77e committee, as we understand it, consists of two City Council members, fi:e citizens appointed by the Board of County Commissioners, four citizens appointed by the City of Naples, and two non - voting technical advisors. We are further advised that t:ne Board e` County Commissioners has advertised a vacancy on this committee in order to solicit expressions of interest from members of the public willing to serve on t:e committee. On April 19, 1999, the Marco Island City CounLil una imously endorsed the appointment of John Soldenwagner to the City /County Beach Renourishment Maintenance Committee. We respectfully request the Board of Cou: ty Commissioners accept this letter as the City's ncminatlor, for the appointment of Mr. Soldenwagner. John Soldenwagner is a member of the Marco Island City Council. He has a long and distinguished career in public service. He has demcnstrated his intelligence and knowledge of diverse subjects, his ability to get alcng well with others, his fairness, and his willingness to work long and arduous hours in order to prornste the safety and welfare of Collier County residents. We be :eve Nlr. S ly A _I No _ 1 ;v 950 North Collier BUUI(:vard. Suite 300, Marco kl..,71. FL 3414i (941) 3,�9 -5OO o FAN (9-11 ) 359-4 Honorable Pamela S. Mac'Kie, Chairwoman April 21, 1999 Page 2 will make valuable contributions to the committee and subsequent recommendations to the Board of County Commissioners. Thank you for considering our request. Sincerely, David E. Brand Chairman Marco Island City Council DEBlbal cc: Board of County Commissioners City Council Robert F. Fernandez, County Administrator AGENDA IT No. MAN 2 2 i249 MEMORANDUM DATE: May 3, 1999 TO: Vinell Hills, Elections Office --41 FROM: Sue Filson, Administrative Assistant Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CITY /COUNTY BCH REN ADV COMM COMMISSION DISTRICT John Soldenwagner 5 .� 141 S. Collier Boulevard, D20' Island, FL 34145 Robert C. Bennett 3 t 7065 Dennis Circle #103 Naples, FL 34104 Gregory G. Smith 3303 Port Pleasant Ct. Naples. FL 34120 David A. Roellia 6000 Pelican Bay Blvd., #204 Naples, FL 34108 Kelly Samek 4950 Sycamore Drive Naples, FL 34119 Thank you for your help. AGE No. Of M&T(CO J,-s- 1&aall - o .1vECE1VM May 10, 1999 levy Mr. Harry Huber, P.E. Public Works Engineering Department County Government Center 3301 East Tamiami Trail Naples, Florida 34112 Re: Appointment of Councilman John Soldenwagner to the Naples /Collier County Beach Renourishment Advisory Committee Dear Mr. Huber: We are advised that members of the Naples /Collier County Beach Renourshment Advisory Committee discussed whether to recommend the appointment of Councilman John Soldenwagner to the Committee. We are further advised that members desire to see a brief resume indicating Councilman Soldenwagner's educational background and work experience. Attached is a brief resume and a copy of a letter mailed to the Board of Collier County Commissioners on behalf of the Marco Island City Council. For the record, John Soldenwagner's permanent address is 141 South Collier Boulevard, #D -203, Marco Island, Florida 34145. We understand the Committee is scheduled to meet on June 3, 1999, to discuss the appointment. Please advise should you or the Committee require additional information Sincerely, A. William Moss City Manager AWM/bal cc: City Council Ms. Sue Filson, Administrative Assistant, Collier County Commis Enclosure(s) AGEN T No. 950 North Collier Boulevard, Suite 308, \I irQo Island. Ff. 4 P (941) 359 -5000 F.1K (941) 3,)9 -43�9 �.._.�., JOHN SOLDENWAGNER EDUCATIONAL BACKGROUND: • Master of Science in Nlanaaement from St. Thomas University • Bachelor of Science in Criminal Justice from Florida - Atlantic UniyersitV • Associate Science in Police Science from Broward Community College • Graduate of LouisVille's Southern Police Institute for Advanced Manavenient for Law Enforcement Executives WORK EXPERIENCE: • 199.1 - Retired after 24 years of service with the Cite of Sunrise Police Department holding the rant: of Chief of Police for the last nine (9) years prior to retirement. During that time frame, worked just about evenv conceivable assignment in uniform and in the detective bureau and risinu throuLh the ranks as a Patrolman. Detective. Sergeant, Lieutenant. Captain, Commander and ultimately, Police Chief. • 1982-1986 — Employed as Captain and Commander for the Broward County Sheriff s Office, «which is the largest sheriffs office in the State of Florida with nearly 4,000 employees. During my tenure, sen ed as District Commander, Field Force Commander, which is primarily a special response team being utilized for extraordinary situations, and also Commander of Inspections Division. COII-NIITTEES /1,IE IBERSHIPS: • Served as an accreditation assessor for the National Accreditation Process, which are conducted by the Commission of Lary Enforcement Accreditation. • Member and Vice President of the Broward County Chiefs of Police Association • Member of State of Florida Police Chiefs • Member of the International Association of Chiefs of Police • Served on many statewide committees. Appointee of the State of Florida Attorney General for his special commission regarding hate crimes. Also sera the, State of Florida Attomey Generals Task Force on helping to stop crime. AGEN I No. • Elected to first City of Marco Island Council • Marco Island City Council Representative for Naples Collier County Metropolitan Planning Organization CIOL�_T (Of S ws��■�s: ' ■'i ,+`, � .. ■■■■mss - April 21, 1999 Honorable Pamela S. Mac'Kie, Chairwoman Collier County Commission 3331 East Tamiami Trail Naples, Florida 34112 -4977 VIA FACSIMILE (774 -3602) AND REGULAR MAIL Re: Appointment to the City /County Beach Renouris �1a.rtenance Committee Dear Chair,,voman Mac'Kie. W;= are advised that an eleven- membe, comm, -.ee_ v.as est__ .s'n__ by Cc i county and the City of Naples to serve as a tec nica! ay.:SOry' C' 11.1-L LC :ne Eoard of County Commissioners and the Naples City Cc�7:; . T: e �v.. understand It, consists of two City CCUncil memiberS f .e Citi7cnS aup'G me cy the Board of County Commissioners, four citizens appointez by the Cit'i cf Nac'esz and t` ,o nori- votlnci technical adVlsor s. We are E:' County Commissioners has advertised a vacancc; cn this com solicit expressions of interest from members of the public YV1'1lino to serve on committee. On April 19; 1999, the Marco Island City Courcil unar .mo: sly e -dorse appointment of John Soldenwagner to the City!Cou -`y Beach Re�.�ur sh �_ Maintenance Committee. We respectfully reques' 'L`:e E=d of Cc.: -t;, Commissioners accept this letter as the City's nc: ina` o- fort app .r,tmer: cf Mr. Soldernvagner. John Soldenwagner is a member of the Marco Island City Council. He has a iz -,g a,nd distinguished career in public service. He has demc- ..stra:ed his inte'liae-ce and knowledge of diverse subjects, his ability to get alc -.g weal Wt;, o`'ners. 7i5:- fairness; and his willingness to work long and arduous he :rs i77 orde- to pro the safety and welfare of Collier County residents. We be'.eve 1,1r. AGEND T No. tiorili Collier BoulQvard, Suite 3O5, \[arcu fain . FL (941) 3S0) 5()OO FA_X (` 41); �)l) -435') Honorable Pamela S. Mac'Kie, Chairwoman April 21, 1999 Page 2 will make valuable contributions to the committee and subsequent recommendations to the Board of County Commissioners. Thank you for considering our request. Sincerely, David E. Brandf,Chairman Marco Island City Council DEB /bal cc: Board of County Commissioners City Council Robert F. Fernandez, County Administrator AGENDA_ r� -- No � M MEMORANDUM DATE: May 3, 1999 TO: Harry Huber, Project Manager I11, PWED .- FROM: Sue Filson, Administrative Assistant / Board of County Commissioners RE: City /County Beach Renourishment Advisory Committee As you know, we currently have 1 vacancy on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: John Soldenwagner 141 S. Collier Boulevard, D203 Marco Island, FL 34145 Robert C. Bennett 7065 Dennis Circle #103 Naples, FL 34104 Gregory G. Smith 3303 Port Pleasant Ct. Naples, FL 34120 David A. Roellig 6000 Pelican Bay Blvd., #204 Naples, FL 34108 Kelly Samek 4950 Sycamore Drive Naples, FL 34119 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time - frame, and I will prepare an executive summary for the Board's consideration. -Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments C AGEEN%,c')YT 0 D W-0-0011 . ,. � � C: c- er.: ' April 21, 1999 I Honorable Pamela S. Mac -'Kie, ChairNcman Collier County Commission 3301 East Tamiami Trail Naples, Ficrida 34112--17977 VIA FACSIMILE (774 -3602) AND REGULAR MAIL Re: Appointment to the City /County Beach Reneurishment Maintenance Committee Dear Char ,,vcman Mac'K:e: 1crr i s C'altwtine Pac'K ie Deny VVe are advised that an eleven- member committee was established by Collie' county and the City of Naples to serve as a technical advisory committee to the Board of County Commissioners and the Naples City Council. The committee. as we understand it. consists of hvo City Council members, five citizens appointee by the Board cf County Commissioners, four citizens appointed by the City of Naples and two non- voting techniczl advisors. We are further advised that the Boa. -d c` County Commissioners has advertised a vacancy on this committee in order t_ solicit exressions of interest from members of the public willing to serve on t;-,e committee. On April 19, 1999, the Marco Island City Council unanimously endorsed the appointment of John Soldenwagner to the City /County Beach Renourishmer,; Maintenance Committee. We respectfully request the Board of County Commissioners accept this letter as the City's nomination for the appointment c; Mr. Soldenwagner. John Soldenwagner is a member of the Marco Island City Council. He has a lop.-, and distincuished career in public service. He has demonstrated his intelligence and kncvjedge of diverse subjects, his ability to get along well with others, his fairness, and his willingness to work long and arduous hours in order to promote the safety and welfare of Collier County residents. We believe Mr. Soldenwagner /V/ C 3 In 3 Ll/ c/,.S— 954 Norch Collier Boulevard. Suire 30S, Marco Island, FI, 34145 (941) 39 -5400 FAX (941) 3S9 -43:9 AGEN x No. I=� ? .` Honorable Pamela S. Mac'Kie, Chairwoman April 21, 1999 Pace 2 vnll make Valuable contributions to the committee and subsequer.: recommendations to the Board of County Commissoners. Thank you for considering our reque-st. Sincerely, i David E. Brandt, Chairman r (Marco Island City Council DER/bal cc: Board of County Commissioners City Council Rcbert F. Femande-, County Administrator AGEN WTEM No Pg.� 04/28/1999 14:30 9413537719 PAGE 02 ROBERT' C. BENNETT 7065 DENNIS CIRCLE #103 NAPLES ` FLORIDA 34144 A) 352 -0219 FAX (941) 353 -7719 bbenne4t(@naples.infi.net April 27, 1999 Sue Filson Board of County Commissioners 3101 East Tamiami Trail Napks, FL 341124977 Dear Ms Filson: Thank you for your letter of April 12, 1999 regarding my expired tern on the Black Affairs Advisory Board. I have served on this board for a Ions time and tbbk it's time to move on and let another persbn get the experience on the board. I attach my resume and wish to aipply of a position on the City /County Beath Renourishment Maintenance Commfittee. 1 am very much interested i■ the beaches and am a frequent user. As a competitive swimmer and long ago lifeguard I have seen many beaches. Sin rely you Robert C. Bennett <-7- FNo7 ENri� r• �, 2 7 a g. r 04/28/1999 14:30 9413537719 ROBER't C. BENNETT PRESENT BUSINESS EXPERIIENCE President, Bennett Search & Consulting Co., an executive search and management consulting firm, successor to Bennett-41ill & Associates, Inc. PAST BUSINESS EXPERIENCE Executive Vice President and Bosird of Directors, National Electric Products Corporation, Pittsburgh, PA.(OTC), Nepco Realty Corp. and Nepea of Caseada, Ltd. Chairman, President/CEO Wheatland Electric Products Corp., Pittsburgh, PA. Senior Vice President, Ba Intercontinental Corporation (NYSE New York, NY. later known as Wheelabrator Frye. Vice President of the Equity Corp. (ASE) which owned control of IWL Officer and/or director of Bell and aquity affiliates, including Pacific Indestries Inc (ASE] Real Estate Properties Corp. bf New York, The Garden City Company, latex Oil Inc. (ASE}, Chairman of the toard Acorn Chemical. tae. and the Chicago, Aurora amd Elgin Railroad President Bennett Hill & Associatej, Inc., an executive search firm with offices in Naples, Atlanta, Cleveland, Chicago{ New York. Boston and D*UL Board of Directors of Alarmos De Nltxico and Industria Stookey, Mexico City. Vice Chairman of the Board of the Pational Association of Executive Recruiters. Young President's Organtzation. (YI'O). Present member of YPO 49. EDUCATION Yale University Industrial College of the Armed Forkes American Management Association General Management Course. Later Principal Lecturer. U.S. NavrLt. (jg) PAGE 03 AGENDI Tom - No._ JLlt! 2 2 1 : 9 COMMUNM WVOLVEMEN t (rAa r Area rrcr.aLri it t One of five members of the Water and Wastewater Authority of Collier County, FL. Chairman of the Authority 1998 to priesent. -- Board of the American Cancer Society. Board of Trustees, Southwest Florida' College. President, Board of Trustees, Yale Clbb of Southwest Florida. President, Beta Theta Pi of Southwest Florida. Board of Governors the Naples Bath wind Tennis Club. Board of Directors, Florida Tennis Association. President, Western Pennsylvania Tennis Association Vice President, Middle States Section of the United States Tennis Association. Member, Collier County Citizen's Advisory Board to Collier County Commission. Vice Chairman of the Black Affairs Advisory Board to Collier County Commission. Vice President and Board of Trustees, YMCA of Collier County The Forum Club 4 Former scrvke with the CCSO: C�llier County Sheriffs Citizen's Academy and nine Advanced Academics. Sheriff i appointment as Civilian Volunteer. Edhor of Badge and Key the Sheriffs internal newspaper. Appointed as one of the Sheriff's Commissioners. Coordinator of the Citizen's Academy Network. Volunteer Coordinator. AWARDS Outstanding Young Man of Pittsbtrgh, by Time Magazine and the Chamber of Commerce. Paul Harris Fellow. AYA (Yale Alumni Association) Outstanding Service Award. All- American Swimmer. Charter Member Swimming Hall of`Fame AGENb IT No. Jai I 1 2 2 ; '9 Pg. 42 4 -27 -1999 2 =26PM FROM JAIL ADMINISTRATION 9417939187 April 27,1999 Collier County Commission 3301 U.S. 41 East Naples, FL 34112 Att: Sue Filson, Administrative Asst. Please accept this as expression of my interest in serving on the City /County Beach Renourishment Maintenance Committee. As a lifelong resident of Collier County it would be a pleasure to serve my community in this capacity. Attached is a current resume' and biographical data. Respect lly, 're Smith I' AGEN A IT No. 22 ' °' � .4 -27 -1999 2 =27PH FROM JAIL ADMINISTRATION 9417939187 P.3 GREGORY G. SMITH 3303 Port Pleasant Ct Telephone /Message: Naples, Florida 34120 (941) 352 -1575 BIOGRAPHICAL DATA: Born: February 15, 1959 Naples, FL Wife: Mary Children: Angie 21, Greg 14 Education: Public schools of Collier County. Graduated from Immokalee High School in 1977. Associates of Arts: Edison Community College Bachelor of Arts: University of South Florida Magna Cum Laude Major: Social Sciences Minor: History Affiliations /Memberships: North Naples Baptist Church Past Community Service: The Naples Institute: Member, Government Policy Council. Volunteer: Immokalee Little League Umpire: Senior League Volunteer: Immokalee Pop Warner Football Head Coach: Senior Division Professional Skills: Twenty -one years of progressively responsible experience in the fields of Law Enforcement and Corrections. Adept in all phases of modern criminal justice administration and theory. Current Employment: Collier County Sheriff's Office; Jail Systems Administrator (Captain) FAG T = -�'--� 4 -27 -1999 2 =27PM FROM JAIL ADMINISTRATION 9417939187 GREGORY G. SMITH 3303 Port Pleasant Ct. Naples, Florida 34120 Telephone /Message: ( 941) 352 -1575 SKILLS: Twenty -one years of progressively responsible experience in the field of criminal justice. Adept in all phases of modern Criminal Justice Administration. Including: Budget Preparation, Policy and Procedure Development, Staffing Analysis, Facility Security Audits, Facility Design, Staff Motivation and Development. Effective problem solver capable of prioritizing and managing a heavy work flow absent direct supervision. EXPERIENCE: COLLIER COUNTY SHERIFF'S OFFICE 5/93- PRESENT Jail System Administrator Responsible for the administration of a County Correctional System consisting of two adult jails (754 beds) and a Juvenile Boot Camp (30 beds) with an annual budget of 15 million dollars. Management of a staff of 220 Sworn and Civilian personnel and supervision of four Contracted Service Providers. Duties include: Policy and Procedure Development, Budget Preparation and Administration, Contract Monitoring, Staff Motivation and Development, Interaction with the Court System, County Government, and Constitutional Officers of Collier County to Provide Effectual Service. Conceptual Development of Inmate Programs and Services, Advising the Sheriff on Correctional Related Matters. COLLIER COUNTY SHERIFF'S OFFICE 7/77 -5/93 Deputy Sheriff Various assignments of progressively increasing responsibility within a modern law enforcement agency culminating with an appointment to the Division Command Level. P. 4 AGEN I'E- Pg._ 4 -27 -1999 2 :27PM FROM JAIL ADMINISTRATION 9417939187 PROFESSIONAL AFFILIATIONS: LEADERSHIP COLLIER AMERICAN CORRECTIONAL ASSOCIATION AMERICAN JAIL ASSOCIATION NATIONAL SHERIFF'S ASSOCIATION FLORIDA JAIL ASSOCIATION PROFESSIONAL TRAINING: U. S. DEPARTMENT OF JUSTICE NATIONAL ACADEMY OF CORRECTIONS Boulder, Colorado Certification Achieved: Jail Security U.S. DEPARTMENT OF JUSTICE NATIONAL ACADEMY OF CORRECTIONS Boulder, Colorado Certification Achieved: Correctional Management 1200+ HOURS OF ADDITIONAL JOB RELATED TRAINING Certificates Available Upon Request CERTIFICATIONS LICENSES: CERTIFIED JAIL MANAGER Jail Manager Certification Commission American Jail Association CORRECTIONAL OFFICER State of Florida LAN ENFORCEMENT OFFICER State of Florida QUALITY ASSURANCE PEER REVIEWER State of Florida Department of Juvenile Justice EDUCATION: ASSOCIATE OF ARTS Edison Community College BACHELOR OF ARTS 2 P_ 5 A7- IT Nou P9�:,. University of South Florida Magna Cum Laude Major: Intradisciplinary Social Sciences Criminal Justice /History AGEi7t T- No. April 22, 1999 Ms. Sue Filson, Administrative Assistant Collier County Commission 3301 U.S. 41 E Naples, Florida 34112 Dear Ms. Filson: This letter is in response to the request for applicants for membership on the City/County Beach Renourishment Maintenance Committee. Enclosed is a copy of my resume and I would like to be considered for service on this committee. I have nearly 30 years experience with the Army Corps of Engineers; the major portion of my Corps' career involved work in shore erosion and beach nourishment activities. I am a full time resident and an elector of Collier County. My travel plans will have me out of the country beginning on April 24, 1999. 1 am scheduled to return to Collier County on May 20`^ Sincerely, David A. Roellig 6000 Pelican Bay Blvd. #204 Naples, Florida 34108 (941) 594 -2210 AGEN T No JU 22 P9 Pg.� RESUME Name: David A. Roellig Birthpl /yr: Detroit, Michigan, March 17, 1938 Education: B.S., Geology, Wayne State University Registration: Professional Geologist, Florida License #729 Prior Experience: May, 1996 to January, 1981. Detroit District, U.S. Corps of Engineers, responsible for numerous coastal shoreline and navigation studies many of which have been authorized and constructed. Served as District Coastal Zone Management Coordinator and on subcommittees of the International Joint Commission and the Great Lakes Basin Commission. January 1981 to September 1990. Division Geologist for the North Central Division, Corps of Engineers, Chicago, Illinois. Provided consultation and guidance in the fields of engineering geology and coastal engineering to our subordinate district offices. The area of responsibility included the U.S. portion of the Great Lakes as well as the upper Mississippi River Basin. Also served as the Division Research and Development Coordinator and as a member of the International Joint Commission's Council of Great Lakes Research Managers. September 1990 to May 1994. Geologist for the Headquarters, Corps of Engineers, Directorate of Civil Works, Washington D.C. Provided engineering geology consultation to all elements of the Corps of Engineers. Technical proponent of geology related training courses. Headquarters technical monitor of the Corps' coastal geology R &D. Provided guidance and oversight of civil works program development, and execution for a broad range of water resource and conservation projects. May 1994 to January 1998. Took early retirement, performed volunteer work and relocated to Florida in mid -1996. January 1998 to present. Appointed to the Pelican Bay Advisory Board and also serves as chairman of the Clam Bay Restoration Subcommittee of the Board. Professional Affiliations: Member, Association of Engineering Geologists Member, Florida Shore and Beach Association Address: 6000 Pelican Bay Blvd. #204, Naples, Florida 34108 -AG T Telephone: (941) 594 -2210 Nc P 9 _�^ MEMORANDUM DATE: October 26, 1998 TO: Vinell Hills, Elections Office = FROM: Sue Filson, Administrative Assistan ' Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CITY /COUNTY BCH REN ADV COMM COMMISSION DISTRICT Kelly Samek 4950 Sycamore Drive Naples, FL 34119 Thank you for your help. eq i AGENDA ITUI 2 7 `19 Pg. 3 MEMORANDUM DATE: October 26, 1995 TO: Ham Huber, Technical Services Supervisor, OCP', v ' FROM: Sue Filson, Administrative Assistant Board of County Commissioners RE: City /County Beach Renourishment Advisor- Committee As you know. we currently have 1 vacancy on the above- referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Kelly Samek 4950 Sycamore Drive Naples. FL 34119 Please let me know. in writing, the recommendation for appointment of the adyisory committee within the 41 day time - frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions. please call me at 774 -5097. Thank you for your attention to this matter. SF Attachments AGENDA I7 M No. s' Pg. &L — Kelly Samek 4950 Svcamore Drive Naples. FL 34119 USA Home Phone 941.455.0677 Email mvrsineaaol.com October 14. 1998 Sue Filson Board of County Commissioners 3301 Tamiami Trail East Naples, FL 33112 Dear Ms. Filson. My resume is being sent to you to be considered for the appointment to the City /County Beach Renourishment Maintenance Advisory Board. Please don't hesitate to contact me -Mth any questions you may have. Thank you. SincerelN. Kelly Samek NAGEN ZEM 1 .119 Pg- -3 Kelly Samek 4950 Sycamore Drive Naples. FL 34119 Home Phone 941.455.0677 Email mminefaaol.com E D U C A T I O N B.A., Environmental Studies, New College of the University of South Florida, 1998 Currently pursuing M.S.E.S., Bard College Graduate School of Environmental Studies, expected date of conferral: 1999 R E L E V A N T E X P E R I E N C E Volunteer, Caretta Research Project June 1993 & 1994 Tagged nesting sea turtles; trained other volunteers; collected sea turtle nesting data. Volunteer, Turtle Time, Inc. Summers 1993, 1994, 1996 Conducted diumal sea turtle nesting surveys. Volunteer, Mote Marine Laboratory September 1994 Assisted with rehabilitation attempt for two stranded pygmy sperm whales. Intern, Keep Sarasota Beautiful February - May 1995 Implemented marine debris prevention and awareness program; assisted with Adopt -a -Road program. Intern, Mote Marine Laboratory June - August 1995 Tagged nesting sea turtles; conducted diumal sea turtle nest surveys; trained other interns and volunteers; presented educational talk on sea turtles to MML's summer program for kids; assisted with sea turtle stranding, salvage, and rehabilitation. Volunteer, Ann Marbut Environmental Library April - May 1996 Assisted librarians with maintenance and updating of text and A/V collections; participated in Earth Day Reader's Theater performance. Volunteer, Mote Marine Laboratory October - December 1996 Assisted with collection of data for FDEP hatchling orientation study; assisted with maintenance of captive sea turtles for educational exhibits rehabilitation purposes. Environmental Studies Steering Committee Student Representative, New College Student Alliance August 1997 - May 1998 Represented student body on the Environmental Studies Program's steering committee; assisted with policy formation and implementation; maintained two email forums for environmental studies students and other interested parties. M E E T I N G S & S Y M P O S I A 16th Annual Symposium on Sea Turtle Biology and Conservation Hilton Head Island, SC 1996 Attendant. AGE cont'd ov r —;No J9 Pg. MEMORANDUM DATE: October 26, 1995 TO: Harry Huber, Technical Services Supervisor, OCP 1 ` FROM: Sue Filson, Administrative Assistant Board of County Commissioners RE: Citv!County Beach Renourishment Advisory Committee As you know, we currently have 1 vacancy- on the above- referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Kellv Samek 4950 Svcamore Drive Naples, FL 34119 Please let me know, in Writin2. the recommendation for appointment of the advisory committee within the 41 day time - frame. and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions. please call me at 774 -5097. Thank you for your attention to this matter. SF Attachments AGEND,A ITEA No. JWI f Pg__._� Kelly Samek 4950 Sycamore Drive Naples, FL 34119 USA Home Phone 941.455.067 7 Email m%rsine�aaol.com October 14. 1998 Sue Filson Board of Count- Commissioners 3301 Tainiami Trail East Naples, FL 34112 Dear Ms. Filson. My resume is being sent to you to be considered for the appointment to the City /County Beach Renourislunent Maintenance AdNisory Board. Please don't hesitate to contact me «ith any questions you may have. Thank %-cu. Sincerer, KeUv Samek NaGEI _ I J °f`` 2 2 Pg.J Kelly Samek 4950 Sycamore Drive Naples. FL 34119 Home Phone 941.455.0677 Email mvrsine4i aol.com E D U C A T I O N B.A., Environmental Studies, New College of the University of South Florida, 1998 Currently pursuing M.S.E.S., Bard College Graduate School of Environmental Studies, expected date of conferral: 1999 RELEVANT EXPERIENCE Volunteer, Caretta Research Project June 1993 & 1994 Tagged nesting sea turtles; trained other volunteers; collected sea turtle nesting data. Volunteer, Turtle Time, Inc. Summers 1993, 1994, 1996 Conducted diumal sea turtle nesting surveys. Volunteer, Mote Marine Laboratory September 1994 Assisted with rehabilitation attempt for two stranded pygmy sperm whales. Intern, Keep Sarasota Beautiful February - May 1995 Implemented marine debris prevention and awareness program; assisted with Adopt -a -Road program. Intern, Mote Marine Laboratory June - August 1995 Tagged nesting sea turtles; conducted diumal sea turtle nest surveys; trained other interns and volunteers; presented educational talk on sea turtles to MML's summer program for kids; assisted with sea turtle stranding, salvage, and rehabilitation. Volunteer, Ann Marbut Environmental Library April - May 1996 Assisted librarians with maintenance and updating of text and AN collections; participated in Earth Day Reader's Theater performance. Volunteer, Mote Marine Laboratory October - December 1996 Assisted with collection of data for FDEP hatchling orientation study; assisted with maintenance of captive sea turtles for educational exhibits rehabilitation purposes. Environmental Studies Steering Committee Student Representative, New College Student Alliance August 1997 - May 1998 Represented student body on the Environmental Studies Program's steering committee; assisted with policy formation and implementation; maintained two email forums for environmental studies students and other interested parties. M E E T I N G S & S Y M P O S I A 16th Annual Symposium on Sea Turtle Biology and Conservation Hilton Head Island, SC 1996 Attendant. ` AGENQA ITS"! cont'd ov — >No - - Y 1 1 ~ .; ) q Pg-_3 17th Annual Symposium on Sea Turtle Biology and Conservation Orlando, FL 1997 Attendant. Florida Academy of Sciences Annual Meeting Winter Park, FL 1998 Presented undergraduate thesis: "Voice of the Turtle: Marine Turtle Conservation in Florida." No GENpa- T ---.� Pg tl MEMORANDUM DATE: June 11, 1999 TO: Robert F. Fernandez, County Administrator FROM: Barbara B. Berry, Commissioner RE: June 22, 1999 Agenda - Request For Reconsideration Please place an item on the Board's June 22, 1999 agenda for reconsideration of the following items: Excavation Permit No. 59.690 Excavation Permit No. 59.696 Excavation Permit No. 59 -687 Thank you for your assistance to this request. Barbar B. Berry ,�- Commissioner, District 5 48 1 AGE No.— P9� � 999 MEMORANDUM DATE: June 21, 1999 TO: Robert F. Fernandez, County Administrator FROM: Barbara B. Berry, Commissioner RE: Request For Reconsideration For June 22, 1999 Meeting Please add an item to the Board's June 22, 1999 meeting for reconsideration of Petition R -99 -3 which was heard by the Board on May 25, 1999 agenda under Item 12 (B) 1. Thank you for your assistance to this request. Barbara B. Be Commissioner, District 5 J�N2 *1 1999 EXECUTIVE SUMMARY PETITION PUD -98 -11 (1), MR. ROBERT DUANE, AICP, OF HOLE, MONTES AND ASSOCIATES, INC., REPRESENTING STEVE HOUSTON, REQUESTING A REZONE FROM A PREVIOUSLY APPROVED "PUD" NAMELY THE TAMIAMI PROFESSIONAL CENTER PUD TO A NEW PUD HAVING THE EFFECT OF INCREASING THE BUILDING HEIGHT WITHIN TRACT II FROM THIRTY -FIVE (35) FEET TO FORTY (40) FEET FOR PROPERTY LOCATED ON THE EAST SIDE OF TAMIAMI TRAIL NORTH (US -41) AND THE SOUTH 200 FEET OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to amend the Tamiami Professional Center Planned Unit Development (PUD) for the purpose of increasing the building height from 35 feet to 40 feet in Tract II. CONSIDERATIONS: The petitioner is requesting an amendment to increase the maximum height of buildings allowed in Tract II from 35 feet to 40 feet. The requested increase in building height is a result of the applicant's desire to develop a three story office building that is architecturally designed with mechanical equipment taking approximately three feet per floor. As a result, the proposed structure will exceed the 35 feet height limit but will not exceed the proposed limit of 40 feet. No other changes are proposed to any other development standard or to the list of permitted uses. The currently approved Tamiami Professional Center PUD encompasses a land area of approximately 11.6 acres, of which 3 tracts (I, II, & III) have been established to provide for a mix of retail and office uses while an Assisted Living Facility is approved for Tract III. The commercial retail component of the project comprises 0.91 acres on Tract I while office uses are limited to 1.06 acres on Tract II. The 5.52 acre Assisted Living Facility is located on Tract III. The traffic impact review indicates that the proposed amendment to increase the building height on Tract II will not create additional site generated trips and therefore will not exceed 5 percent of the LOS "C" design volume on US -41 or lower the capacity below the adopted LOS "D" standard. The Traffic Circulation Element (TCE) lists Tamiami Trail (US -41) as a 4 lane arterial road. The current traffic count for this segment is 24,326 AADT which results in LOS "D ". It should be noted that a proposed road widening project to 6 lane this segment of US -41 is scheduled for completion by 2000. Therefore, this project meets the County's concurrency requirement and is consistent with the standards referenced in Policy 1.4, 5. 1, and 5.2 of the TCE of the GMP. The subject property is located within the Urban (Urban - Mixed use District, Urban) designated area which provides for residential development along with certain industrial and commercial uses. The approved C -1 /T commercial uses are consistent with the approved Commercial Under CrffenaACZW PUD also complies with the Office and In -fill Commercial Sub - district language when thislEATioased 1 1 JUN 2 2 1999 pg•_� amendments are ratified. Since this petition only seeks to increase the maximum building height in Tract II from 35 feet to 40 feet, this petition is fully consistent with the FLUE to the GMP. Inasmuch as the use of the subject property will not lower the level of service below adopted standards, there should be no impact on level of service relationships. Appropriate stipulations to be included in the PUD will ensure that Land Development Code requirements will be made applicable to the development of the subject property, particularly as this relates to native vegetation retention. In regards to compatibility, the subject office building on Tract II is located as far south as possible so as to create a separation of approximately 90 feet from the one story NHC assisted living facility to the north. It should be noted that this property is zoned C -3 which allows a maximum height of 50 feet. Lands to the south are part of the Collier Reserve Golf Course. This golf course area will act as a buffer from other development to the south. Since the site is adjacent to retail commercial to the west and a conservation tract to the east, the increase in building height of 5 feet will not fundamentally alter the land use relationships established at the time the property was rezoned to PUD. The Collier County Planning Commission reviewed this petition during their public hearing on May 20, 1999. By a vote of 8 to 0, they forwarded Petition PUD -98 -11(1) to the Board of County Commissioners with a recommendation of approval. It should be noted that no one spoke in opposition during the public hearing and staff has not received any lett ers inQosition to this request. As a result. this petition has been placed on the summary agenda. FISCAL IMPACT: This amendment to only to increase the maximum building height from 35 feet to 40 feet in Tract II. No additional floor area or ALF units are proposed. Therefore, this amendment by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help off -set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition PUD -98 -11 (1) being an application to amend the Tamiami Professional Center PUD by rezoning it from "PUD" to "PUD" subject to the conditions of approval that have been incorporated into the PUD document and attached in the Ordinance of Adoption and made a part of this executive summary. 2 NM-4?kLL JUN 2 2 1999 PREPARED BY: G RA BELLOWS, PRINCIPAL PLANNER DATE CORRENT PLANNING SECTION �, 8,ci5 CP, MANAGER DATE X59 E . MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT APPROVED BY/- VINCEN A. CA ERO, CP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD- 98- 1 1(1) /EX SUMMARY/RVB /rb AGEMAIWM ,o. is ,! L 2 2 1999 P�. AGENDA ITEM 7C MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: MAY 3, 1999 RE: PETITION NO: PUD -98 -11 (1), TAMIAMI PROFESSIONAL CENTER PUD AGENT /APPLICANT: Agent: Owner: Mr. Robert Duane Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, FL 34102 Section 15 Land Trust Thomas M. Taylor, Trustee 715 Tenth Street South Naples, FL 34102 The property is locates_ on the east side of the Tamiami Trail North (US -41) on the south 200 feet of Section 15, Township 48 South, Range 25 East (See location map on following page). • 1 • This petition seeks to amend the Tamiami Professional Center Planned Unit Development (PUD) for the purpose of increasing the building height of Tract II from 35 feet to 40 feet. The currently approved Tamiami Professional Center PUD encompasses a land area of approximately 11.6 acres, of which 3 tracts (I, II, & III) have been established to provide for a mix of retail and office uses while an Assisted Living Facility is approved for Tract III. The commercial retail component of the project comprises 0.91 acres on Tract I while office uses are limited to 1.06 acres on Tract II. The 5.52 acre Assisted Living Facility is located on Tract III. Lastly, Tracts II and III are separated by a 2.31 acre conservation area while the buffer area and road right -of -way comprises 2.89 acres. The petitioner is now requesting an amendment to increase the maximum height of buildings allowed in Tract II from 35 feet to 40 feet. The requested increase in building height is a result of the applicant's desire to develop a three story office building that is architecturally designed with mechanical equipment taking approximately three feet �•es floor. As a result, the proposed structure will exceed the 35 feet height limit but will not exceed the proposed limit of 40 feet. No other changes are proposed to development standard or to the list of permitted uses. N&—Ad) I JUN 2 2 1999 Pg. ! m .1 Td! 3� y v � b f Z W H ~ co U O J Y 6 n vn ,wnu ft wi nx °i IOM / 7 a. a W 1 m O, 1 c d Z O _H H W d CL Q 0 Q 0 J AIM /07 221999 is i i =- - -- - - - - -- uvarestar, MAD h f its � I R @@C HK K 3w 31) �GR awwc noon dr a p3 fi l qi� In G � s 13 ts wow wa -NJ uvti�rne o = F tlspa F W, s) veal ip vwvi F li ism. 38 iis ° J13 is ' > O ( la V3) 'vo k- MMGOWA C ° L) � ml W R W LLJ L J O 3 S �Aw 1O ' JU a. a W 1 m O, 1 c d Z O _H H W d CL Q 0 Q 0 J AIM /07 221999 Existing: The subject property is currently undeveloped and is infested with exotic vegetation. The site is also zoned "PUD ". Surrounding: North - To the north along US-41 are existing C -3 zoned properties. The maximum building height is 50 feet in the C -3 district. The site abuts a one story Assisted Living Facility. East - The abutting property to the east is the conservation Tract of the Tamiami Professional Center PUD. South - The Collier's Reserve golf course (Collier Tract 22 PUD) lies to the south of Tract I and II. West- To the west is a retail tract for the Tamiami Professional Center PUD. Further west is US -41, a 4 lane arterial road fronting the project. GROWTH MANAGEMENT PLAN CONSISTENCY: The PUD has been distributed to the appropriate jurisdiction review entities specifically for review of the PUD for consistency with the current Growth Management Plan land development regulations and they find the following: Future Land Use Element: The subject PUD permits C -1/T uses on Tracts I & II utilizing the Commercial Under Criteria provision contained in the Future Land Use Element (FLUE) of the Growth Management Plan. The site is currently designated Urban Mixed Use, Urban Residential on the FLUE. A description of Urban Mixed Use District in the FLUE advises that residential uses are permitted along with certain industrial and commercial uses. The C -1/T commercial uses are allowed in the Urban Residential Sub - district subject to the Commercial Under Criteria as contained in the FLUE. The currently approved Commercial Under Criteria applies to sites that are located outside of an Activity Center and are bounded on two sides by improved commercial property or commercial zoning. Since the subject site abuts C -3 zoning on one side, staff's analysis indicates that the proposed rezone is consistent with the "C -1/T Commercial Under Criteria as noted above. The proposed amendment (if approved) will make it possible to increase the maximum building height from 35 feet to 40 feet. Traffic Circulation Element: The traffic impact review indicates that the site generated trips from the proposed amendment will not generate additional traffic. In addition, US -41 is currently a 4 lane arterial road fronting the project. The current traffic count for this segment is 48,641 AADT. Applicable Elements: Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the Growth Management Plan. Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this proposed PUD amendment is consistent with the goals and policies of the GMT. Staff as AGENDA concluded that no level of service standards will be adversely affected by this amendm nt. 2 2 2 1999 Pg Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. Staffs analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is required. Due to the existing development on all sides of the site, a waiver from submitting a survey and assessment was issued. Therefore, Section 2.2.25.8.1 of the Land Development Code requires the following: If, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. • t t aug ►M 110 t JM The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. These reviews help shape the content of the PUD Document and cause development commitments to be formulated to achieve GMP and LDC requirements. L"XI R11411 gum The purpose of this petition is to amend the Tamiami Professional Center PUD even though the process is one of rezoning the land from "PUD" to "PUD ". The intent is to achieve a level of administrative convenience because it avoids the requirement to track amendments to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. For this reason staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezoned, the decision to approve the subject PUD was based upon a preponderance of evidence and conditions which supported the required findings for PUD rezoning actions. However, staff has evaluated the proposed amendment and has the following comments: The evaluation by professional staff should typically include an analysis of the project's relationship to the community's future land use plan, and whether or not the proposed amendment would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. This consideration usually dealt with as a function of analyzing the relationship of the rezoning action to the long range plan for all future land uses. The most important facet of the rezoning action is that it constitutes a legislative statement that authorizes the .use of land for a specific development strategy, provided the development of the land can go forward. It may not affect the timing of development because of subsequent permitting requirements. AGENDA REM No. (211. J,J 2 2 1999 Pg• / Relationship to Existing Land Uses - In regards to compatibility, the subject office building on Tract II is located as far south as possible so as to create a separation of approximately 90 feet from the one story NHC assisted living facility to the north. It should be noted that this property is zoned C -3 which allows a maximum height of 50 feet. Lands to the south are part of the Collier Reserve Golf Course. This golf course area will act as a buffer from other development to the south. Since the site is adjacent to retail commercial to the west and a conservation tract to the east, the increase in building height of 5 feet will not fundamentally alter the land use relationships established at the time the property was rezoned to PUD. Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Growth Management Plan. Since the property is consistent with the Commercial Under Criteria of the Future Land Use Element and is compatible with the adjacent commercial and ALF land uses. Given the urban influence impacting this area, the proposed change is timely in that this land is consistent with requirements of the FLUE to the GMP. PUD Development Standards - The only change to the currently approved development standards is to increase the maximum building height from 35 feet to 40 feet. Staff is of the opinion that the additional 5 feet in height for the office building will not significantly intensify the commercial use of the site due to the landscaping and setback requirements provided in the PUD. In addition, the size and scale of this structure is comparable with the proposed retail building to the west and is less than the maximum height permitted in the C -3 district. PUD Master Plan - The PUD Master Plan is unchanged between the current PUD and the proposed plan. As a result, this PUD amendment essentially does not change internal land use relationships. Utility Infrastructure - Water supplies are available to this site. All development must comply with surface water management requirements invoked at the time of site development plan review. Staff recommends that the Collier County Planning Commission forward Petition PUD -98 -11 (1) to the Board of County Commissioners with a recommendation for approval. 4 1 .lJId 2 2 1999 a. O .. RA l ELLOWS, PRINCIPAL PLANNER DATE CNT PLANNING SECTION ' G RO ALD F. NINO, AICP, MANAGER DATE 1 CURRENT PLANNING SECTION c -3ev �7 KOBEkT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT Ayf�OVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR AT COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the May 20, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: MIC . BRUET, CHAIRMAN RVB /rb/ STAFF REPORT/PUD -98 -11 (1) 5 AGENDAITEM JUN 2 2 1999 y ORDINANCE 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 85155 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TAMIAMI PROFESSIONAL CENTER, FOR PROPERTY LOCATED ON THE EAST SIDE OF U.S. 41 , IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11.6± ACRES; PROVIDING FOR THE REPEAL OF ' ORDINANCE NUMBER 98 -90, KNOWN AS THE TAMIAMI PROFESSIONAL CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Duane, AICP of Hole, Montes & Associates, representing Section 15 Land Trust, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 15, Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map number 8515S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 98 -90, known as the Tamiami Professional Center PUD, adopted on November 10, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. -1- 02 _ MA ITEM J a Y d 2 2 1999 Pg. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of , 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROC& Clerk COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Mar 'e M. Student Assistant County Attorney g/admin/sue/P UD-98 -11(1) BY: PAMELA S. MAC'KIE, Chairwoman v - irENDA ITE ft 9 40. zP&j—L 7 -2- 2 2 1999 jo� r!-fll APPLICATION FOR PUBLIC HEARTNS' FOR: PUn REZONE l�� \ � PO i� 1000 Petition No.: U D 9 I / Date Petition Received: Commission District: 1. General Information: Name of Applicant(s) Planner Assigned: ABOVE TO BE COMPLETED BY STAFF Section 15 Land Trust Applicant's Mailing Address Hole, Montes & Associates, Inc. 715 Tenth Street South City Naples State FL Zip Applicant's Telephone 941 - 262 -4617 34102 Fax fi 941- 262 -3074 Name ofAoent Robert Duane Firm Hole, Montes & Associates, Inc. Agent's Mailing Address 715 Tenth Street South City Naples State FL Zip 34102 Agent's Telephone # 941 - 262 -4617 Fax # 941- 262 -3074 COLLIER COUN'T'Y COMMUNITY DEVELOPMENT PLANNING. SERVICES /CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403- 2400/FAX (941) 643 -6968 A ENDA STEM 21999 PAGE 41 OF 16 .O� •I ,� ji 2 . Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest (Use additional sheets if necessary). Namc and Address Percentage of Ownership N/A b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock N/A C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of luterest See Attached Land Trust Agreement ��z tL JUN 2 2 1999- PAJE 2 OF 16 j Pg•_,_ d. If the property is in the name of a GENERAL or LDMMD PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership N/A C. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership N/A Date of Contract: f. If any contingency clause or contract terms involve additional parties, list aL' individuals or officers, if a corporation, partnership, or trust. Name and Address N/A g. Date subject property acquired Q leased (): 1 / 99 Term of lease ----yrs./mos. If, Petitioner has option to buy, indicate date of option: N/A and date option terminates: , or anticipated closing date APPLICATION FOR FUBLTC PUBLIC HEARING FOR P ro R TONE -SM I JUN 2 2 1999 PARF h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the proper covered by the aRplication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning. the legal description, an engineer's certification or sealed survey may be required. Section: 15 Township: 48S Range: 25E Lot: N/A Block: N/A Subdivision: Tamiami Professional Center Plat Book 31 Page #: 71 &72 Property I.D. #: 00152320007 Metes & Bounds Description: See Subdivision Plat 4. Size of property: 200 ft. X 2,520 ft. =Total Sq. Ft. 504, 000 Acres 11.58 5. Address /general location of subiect property: See Attached Location Mau 6. Adjacent zoning and land use: N C -3 /PUD S PUD E PUD W A and PUD Land use Retail /ALF and Residential Residential /Golf Residential Vacant (west of US -41) LOUB 2L43.4alk.] , I ) NJ 14 • :: Not JUN 2 2 1999 PAG 4 OF 16 Pg.�_ 7. Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: N/A Township: Range: Lot: Block: Subdivision: Plat Book Page ##: Property I.D n: Metes & Bounds Description: Rezone Request: This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning district(s). Present Use of the Property: vacant /Under Construction Proposed Use (or range of uses) of the property: See Attached PUD (office, retail, and ALF uses). 8. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. .Standard Rezone Considerations (LDCSection 2.9.2.5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and -JUN 2 2 1999 PAGI 5 O,pJ • • Its THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET'. REQ UIR.EMENTS # OF COPIES REQUIRED NOT REQUIRED 1. Completed Application 11 x 2. Copy of Deed(s) and List identifying Owner(s) and all Partners if a Corporation j x 3. Completed Owner /Agent Affidavit, Notarized j x 4. Pre - application notes /minutes is N/A 5. Conceptual Site Plans 15 NIA 6. Environmental Impact Statement - (EIS) 4 N/A 7. Aerial Photograph - (with habitat areas identified) 4 N/A 8. Completed Utility Provisions Statement (with required attachments and sketches) 4 NIA 9. Traffic Impact Statement - (TIS) 4 N/A 10. Historical & Archaeological Survey or Waiver Application 4 N/A 11. Copies of State and/or Federal Permits , 4 N/A 12. Architectural Rendering of Proposed Structures) 4 to be provid d 13. Application Fee, Check shall be made payable to Collier County Board of Commissioners x 14. Other Requirements - As the authorized agentlapplicant for this petition, I attest that all of the information indicat:d on this ehw1dist is included in this submittal package. I understand that failure to include all necessary submittal infor=tion may result in the delay of process this petition. Agent/Applicant Signature Date NO.� APPLICATION FOR PUBLIC HEARING FOR PU9 REZONE - 5/9$ - juN 2 2 1999 PAGE 5 O% /, `rjt ��r♦ Well, Sedtion 15 Land Trust being first duly sworn, depose and say that well am/are the owners of the property described herein and which is -the subject matter of the proposed hearing, that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize Robert Duane as ourlmy representative in any matters regarding this Petition. Signature of Property Owner Thomas M. Taylor, Trustee Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner to act The foregoing instrument was acknowledged before me this . 9th day of A ri1 , 19_99, by M ,'ro.�lc�twho is personally known to me or has produced as identification. State of Florida County of Collier ♦1*0 F46 UEANE JOHNSON n utrv,0 !Ay Comm Exp.4 /20/2002 PURL f/ No CC 716366 ' !�f Personal � Known 1 l 00w I.D, (Signature of a,ry Public State. of Florida) Deane Johnson (Print, Type, or Stamp Commissioned Name of Notary Public) AGENDA ITEM No. i % JUN 2 2 1999 PAGE [6 OF 16 U APR 09 1999 14:36 FR QUAPLES - Timothy G. Hains�� 450f Tamiami Trail Barth j- Suite 300 Naples, FL 34103 This irauument prepared by: Kevin A- D d, Fsquim Duckinghun, Doolfte dt Burroughs, LIJ .oa❑ Tn 47623074 P.03/06.. V: BRADY LLP 941 4344998 TO 92623074 P.02i06 2417422 OR: 2499 PG: 1909 �L% RECORDED in OFFICIAL RECORDS of COLLIII COD17Y, FL �� 01/06/99 at 11:29M DQIGIT 1. BROC1, CLIKE cans 600000,00 1 RIC Fit 10.50 I Doc -.10 4200.00 1 o .So 5551 Rldgcwood Drivc suite 201 P yJ D 9 g^ 1 o • 00 Naples, Florida 34108 0) Cminux's S. S. No.: PropcM Appra sea Parod lda Mcazion No, 00152320007 WARRANTY DEED Rett: QQARLIs E BRADY 4501 TAKILKI TR 1 $300 NAPLES FL 34103 3066 3T Q� THIS INDENTURE, made this 1 day of Dece ber 1998 b and between STEVE HOUSTON, whose post office address is 1369 South 6w5gN y p �5treet, Deaver, CO 80210, GRANTOR, and THOMAS NL TAYLOR, as Trustee of Section 15 Land Trust Agreement dated the —q_ day of .TA�s UAr-` , 19909 whose post office address is 715 Tenth Street South, Naples, FL 34102, GRANTEE, with full power and authority to protect, conserve, sell, lease, encumber, or otherwise to manage and dispose of the hereindescribed real property. WITNESSETH, that said GRANTOR, for and in consideration of the sum of TEN (510,00) DOLLARS, and other good and valuable consideration, to said GRANTOR in band paid by said GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said GRANTEE, and GRANTEE'S heirs and assigns forever, the following described land situate, lying and being in Collier County, Florida, to wit: The South 200 feet of the Southwest 1/4 of Section 15, Township 48 South, Range 25 East, Collier County, Florida, less U.S. 41 Road Right -of -Way. SUBJECT to easements, restrictions and reservations of record and real estate taxes for the year 1999 and all subsequent years. rd The subject property is not the homestead of the GRANTOR, nor is it contiguous thereto, as the GRANTOR resides at 1369 South Downey Street, Denver, Colorado 80210. TOGETBER with all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. GRANTOR does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, GRANTOR has hereunto set GRANTOR'S hand and seal FeAGEWA t� day and year first above written. _j f Sl 1 2 2 1999 -L APR 08 !999 14 :37 FR QUARLES — BRADY LLP 941 4344998 TO 92623074 P. 04.106 THIS TRUST AGREEMENT, dated the day of , 1998, is entered into by and among THOMAS M. TAYLOR, as Trustee (the "Trustee "), and those persons listed in ARTICLE 4, as Beneficiaries (the "Beneficiaries" or individually, a "Beneficiary "). The Trustee, either has, or is about to acquire title to the real property (the "Property ") in Collier County, Florida, described as follows: The South 200 feet of the Southwest 1/4 of Section 15, Township 48 South, Range 25 East, Collier County, Florida, less U.S. 41 Road Right -of -Way. The Trustee will hold the title to the Property, in trust, for the following uses and purposes and subject to the following terms and conditions to which the parties agree: The parties hereby form a Florida Land Trust (the "Trust") under the provisions of Section 689.071, Florida Statutes, as amended and the rights and liabilities of the parties shall be as provided in that statute except as otherwise expressly provided herein. ARTICLE 2 DEFINITIONS "Acquisition Expenses" shall mean those expenses, including but not limited to, net purchase price, closing costs, legal fees, accounting fees, any purchase money mortgage financing costs, survey costs, termite and other inspection fees, travel expenses, and miscellaneous expense related to the acquisition of the Property. "Beneficial Interest" shall mean the ownership interest in the Trust of each Beneficiary. "Beneficiary" or "Beneficiaries" shall mean the owners of beneficial interest in the Trust. "Cash Available for Distribution" shall mean Cash Flow and Sales Proceeds minus any reserves for contir- gences or expendi i for any Trust purposes which the Trustee in its sole discr i OaNkrl16e144.1 JUN 2 2 1999 Pg. AO ORDINANCE 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8515S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TAMIAMI PROFESSIONAL CENTER, FOR PROPERTY LOCATED ON THE EAST SIDE OF U.S. 41 , IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11.6* ACRES; PROVIDING FOR THE REPEAL OF ' ORDINANCE NUMBER 98 -90, KNOWN AS THE TAMIAMI PROFESSIONAL CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Duane, AICP of Hole, Montes & Associates, representing Section 15 Land Trust, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 15, Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof The Official Zoning Atlas Map number 8515S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 98 -90, known as the Tamiami Professional Center PUD, adopted on ' November 10, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. AGENDA ITEM Na Z-.21?j / JUN 2 2 1999 -1- I Pg.—AL- SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 1999. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency Marj6he M. Student Assistant County Attorney ysd miNsueJPUD -9 B -1 I (1) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman -2- N& 1422J .1 JUN 2 2 1999 TAMIAMI PROFESSIONAL CENTER PLANNED UNIT DEVELOPMENT Prepared for: Hole, Montes and Associates, Inc. Prepared by: Hole, Montes and Associates, Inc. 715 Tenth Street South Naples, Florida 34102 (941) 262 - 4617 HMA File No. 1998061 [�F0 "'M7E D APR PUD98 -11(i) July 1998 Revised October 1998 Revised April 1999 Date Filed: Date Review by CCPC: Date Approved by BCC: Ordinance No: NO--e5�9f- JUN 2 2 1999 Pg. --� TABLE OF CONTENTS I. STATEMENT OF COMPLIANCE II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE, AND UNIFIED CONTROL III STATEMENT OF INTENT AND PROJECT DESCRIPTION IV GENERAL DEVELOPMENT REGULATIONS V PERMITTED USES & DIMENSIONAL STANDARDS VI ENVIRONMENTAL STANDARDS VII TRANSPORTATION REQUIREMENTS VIII ENGINEERING AND UTILITIES REQUIREMENTS IX WATER MANAGEMENT REQUIREMENTS LIST OF EXHIBITS EXHIBIT A. - CONCEPTUAL PUD MASTER PLAN EXHIBIT B - LANDSCAPING AND WALL DETAIL CROSS SECTION FOR TRACT III NORTH AND EAST PROPERTY LINES Na a JUN 2 2 1999 pa ---� SECTION I STATEMENT OF COMPLIANCE The development of 11.57 acres of property in Section 15, Township 48 South, Range 25 East, as a Planned Unit Development, to be known as the Tamiami Professional Center Planned Unit Development, is in compliance with the planning goals and objectives of the Collier County Growth Management Plan based upon the following reasons: 1.1 The subject property is located in an area identified as a Mixed Use Urban Residential in the Future Land Use Element of the Growth Management Plan for Collier County. 1.2 The project is consistent with the provisions of Commercial Under Criteria of the 1989 Growth Management Plan and may also be found consistent with the proposed Commercial and Office Infill Subdistrict of the Future Land Use Element of Ordinance 97 -67, not yet adopted at the time of application for this Planned Unit Development. 1.3 The project development is planned to incorporate natural systems, existing and manmade, for water management in accordance with their natural functions and capabilities. 1.4 The project shall be in compliance with all applicable County regulations including the Collier Growth Management Plan. 1.5 The project will be served by a complete range of services and utilities as approved by the County. 1.6 The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. 1.7 The Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as a project amenity. 1.8 All final local Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. 1.9 The proposed plan is consistent with Policy 5.8 of the Collier County Growth Management Plan which permits care facilities within the Urban Designated Area subject to regulations contained in the LDC with which the subject property fully complies. 1 -1 I JUN 22 1999 Pg. '-7_ SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE AND UNIFIED CONTROL 2.1 Property Ownership: The subject property is under contract for purchase to Hole, Montes and Associates and presently in the ownership of Steve Houston 1369 South Downing Street Denver, Colorado 80210 2.2 Legal Description: The south 200 feet of the southwest '/4 of Section 15, Township 48S, Range 25 E of Collier County Florida, less U.S. Highway No. 41 (State Road No. 45). 2.3 Short Title: This Ordinance shall be known and cited as the "Tamiami Professional Center Planned Unit Development Ordinance ". 2.4 Statement of Unified Control: It is the intent of Hole, Montes and Associates, Inc., to establish a Planned Unit Development on 11.57 acres in Section 15, Township 48 South, Range 25 East, Collier County, Florida. The subject property is under unified control and ownership for the purpose of obtaining PUD zoning. 2.5 Physical Description: The subject property is long and narrow, 200 x 2520, and is located just to the south of Imperial Golf Estates and north of Collier Reserve, and on the east side of U.S. 41. Soils for the subject property include seven (7) Immokalee Fine Sand, seventeen (17) Basinger Fine Sand, and thirty-nine (39) Satellite Fine Sand. The site drains into Horse Creek and the Horse Creek flowway will be maintained after development. Water quality treatment will be directed to grassed swales and detention areas prior to discharge into Horse Creek. AGENDA ITEM 4 fa) / 2- 1 1 JUN 2 2 1999 Pg. a4 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 Introduction: It is the intent of the developer to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines, for the future development of the project, that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 Project Description: The project is comprised of about 11.57 acres and is located 580 feet south of Imperial Golf Course Blvd. on the east side of U.S. 41 in Section 15, Township 48 South, Range 25 East. Access to the project is provided by a connection onto U.S. 41 and shared access is contemplated with the adjacent property to the north, which will provide access to the three (3) tracts which are proposed for development. The project is intended to support a selected range of retail and office uses on 1.97 acres, and an Assisted Living Facility on 5.52 acres to meet the needs of the surrounding community. 3.3 Land Use Plan and Project Phasing: A. The PUD Master Plan contains a total of six (6) tracts consisting of three (3) development areas, two (2) Conservation Areas and roadway area and are noted as follows: TABLE Tract I Retail 0.91 Tract II Office 1.06 Tract III A.L.F. 5.52 Conservation Area I Preserve 2.31 Conservation Area II Preserve 0.22 Tract R Roadway 1.55 The Master Plan is designed to be flexible with the placement of buildings, related utilities and water management facilities to be determined at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, LDC and local, state and federal permitting requirements. All tracts may be combined or developed sep AGENDA ITL. No. 3- 1 j JUN 2 2 1999 PQ. � subject to compliance with the applicable dimensional requirements contained within this document. Final lot configuration will be determined during the Preliminary Subdivision Plat review process. B. The anticipated time of build -out of the project is approximately three (3) years beginning in 1999. No._,&4 JUN 2 2 1999 3-2 1 SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations to be applied to the development and use of the Tamiami Professional Center Planned Unit Development and Master Plan. 4.1 General: The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Tamiami Professional Center Planned Unit Development shall be in accordance with the contents of this document, the PUD - Planned Unit Development District and other applicable sections and parts of the Collier County LDC in effect at the time of building permit application. Should these regulations fail to provide specific developmental standards, then the provisions of the most similar zoning district in the Collier County LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Tamiami Professional Center Planned Unit Development shall become part of the regulations which govern the manner in which this site may be developed. D. All tracts identified on the PUD Master Plan may be used for water management purposes and parking. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 of the LDC pertaining to Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 4.2 Site Clearing and Drainage: Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document at the time of construction plan approval. 4-1 1 JUN 2 2 1999 4.3 Easements for Utilities: Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities to insure compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. 4.4 Amendments to the Ordinance: Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County LDC. 4.5 Project Plan Approval Requirements: Attachment "A ", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with, PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan. All subdivision of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to recording of the final subdivision plat, when required by the Subdivision Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development orders, the provisions of Section 3.3, Site Development Plans shall be applied to all platted parcels. 4.6 Sunset and Monitoring Provisions: The Tamiami Professional Center PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. 4.7 Polling Places: Any community recreation/public building/public room or similar common facility located within the Tamiami Professional Center PUD may be used for a polling place, if determined necessary by the Board of County Commissioners in accordance with Section 2.6.30 of the LDC. 4 -2 AGEMA ITEM No JUN 2 2 1999 Pa 4.8 Native Vegetation Retention Requirements: The project shall preserve native habitat, in accordance with provisions of Section 3.9.5, Vegetation Removal Protection, and Preservation Standards, of the Collier County Land Development Code. 4.9 Common Area Maintenance: Common Area Maintenance, including the maintenance of common facilities, open spaces and the water management facilities shall be the responsibility of the owners' association, together with any applicable permits and conditions from applicable local, State, or Federal permitting agencies. 4.10 Landscaping Requirements: All landscaping requirements, buffers, walls, and berms shall be developed in conformance with requirements of Division 2.4 of the Collier County LDC pertaining to landscaping and buffering; however, buffering along U.S. 41 at the front of the property shall be at a twenty (20) feet minimum, and the side yard buffer requirements shall be fifteen (15) feet along the north and south property line for all tracts. Landscaping for Tracts I and Il shall be of a similar plant material and composition. Furthermore, a landscape type B buffer shall be developed in accordance with LDC requirements along the north property line in areas adjacent to the proposed office building on Tract II and an existing assisted facility located along the north property line. 4.11 Open Space and Common Areas: The project shall meet or exceed the thirty (30) percent open space requirement setforth in Section 2.6.32.3 of the LDC with the conservation and buffer areas depicted on the PUD Master Plan. Open space shall also include all pervious green space with development parcels and lots. 4.12 Signs: As provided for within Section 2.5, Signs, of the Collier County LDC. However, signage for the commercial component Tracts I and II and the ALF, Tract III, of the project shall be unified into a common design theme. In addition, Tracts II and III shall be permitted a ground sign at the U.S. 41 entrance way. 4.13 Architectural Control: All site and building design shall conform to the requirements of Division 2.8 of the Collier County LDC to insure a unified architectural design and theme; however, parking will be generally developed as depicted on the PUD Master Plan for Tract I, the retail component of the project. 7AGENDA �T M / J / 4-3 1 JUN 22 1999 Pg• 3 / 4.14 Parkin In accordance with the requirements of Division 2.3 of the LDC and Section 2.6.26.1.2.3. 4.15 Lighting All lighting shall be screened from adjacent properties. Particular attention should be given to shielding all light from adjacent assisted living facility to the north and residential development existing or taking place both north and south of the subject property. 4 -4 AGENDA ITEM MM 1CdJ .1 JUN 2 2 1999 Pg. y,3.4,11 SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS 5.1 Purpose: The purpose of this Section is to identify permitted uses and development standards for areas within the Tamiami Professional Center PUD designated on Exhibit "A ", PUD Master Plan for Tracts I, II, III, and Conservation Areas I and II. 5.2 General Description: Tracts I, II, and IV, as shown on the PUD Master Plan, are designed to accommodate a full range of principal uses, and accessory uses. The two Conservation Areas are to be left in their natural state. The acreage of the tracts, depicted on the PUD Master Plan, is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Preliminary Subdivision Plat submittal in accordance with Division 3.2 of the Collier County LDC. All tracts are designed to accommodate internal roadways, open spaces, water management facilities and other similar uses. Development of retail uses, authorized in Section 5.3 for Tract I, shall not be permitted, until such time as, the Future Land Use Element of Ordinance 97 -67 of the Growth Management Plan providing for the Office and In -fill Subdistrict is adopted. In the interim, uses authorized by Section 2.2.12, Commercial Professional District (C -1) and Commercial Professional Transitional District (C -1/T), of the Land Development Code, as they exist as of the date of the approval of this PUD, shall be permitted subject to the requirement that the gross floor area of authorized office uses shall not exceed twenty - five (25,000) square feet. 5.3 Permitted Principal Uses and Structures: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A.) Tracts I & II: All of the Permitted and Conditional uses in the C -1 and C 1 /T Zoning Districts of the LDC, in effect on the date of approval of this PUD, for Tracts I and II, excluding; homeless shelters, and soup kitchens. 2. Retail uses on Tract I are those permitted in the C -2 District of the LDC, in effect on the date of approval of this PUD, with the exceptio A iTM 7JUN 5 -1 2 1 999 Pa. 5.4 5.5 following: Conditional Uses in C -2 District, gasoline service stations, and drive -in and fast -food restaurants. B.) Conservation Area I and II 1. Permitted Uses for Conservation Areas I and II, depicted on the PUD Master Plan, are limited to boardwalks, nature trails, and similar passive recreational uses, so as to retain these areas fundamentally in their natural state. C.) Tract III: 1. Group Care Facilities (category I & I1); care units, subject to the provisions of Collier County LDC section 2.2.3.3.6; nursing homes: assisted living facilities pursuant to 400.402 F.S. and Ch. 58A -5 F.A.C.; and continuing care retirement communities pursuant to 651 F.S. and Ch. 4.183 F.A.C.; all subject to Collier County LDC Section 2.6.26. Permitted Accessory Uses and Structures — All Tracts: 1. Accessory uses and structures customarily associated with the above permitted uses and structures, including vehicular garages or covered parking, except in Conservation Areas I and II. 2. Accessory uses typically associated with ALFs, including common areas for food service, recreational uses, and administrative facilities. 3. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. Dimensional Standards for Permitted Uses: A.) Tracts I & II: 1. Minimum Lot Area: Fifteen thousand (15,000) square feet. 2. Minimum Lot Width: One hundred (100) feet. 3. Minimum yard Requirements: a. Front Yard: Sixty (60) feet for Tract I from the U.S. 41 R.O.W., and twenty -five (25) feet for Tract II from the internal roadway edge of the pavement. b. Side Yard: Fifteen (15) feet. 5 -2 AGENDA ITEM Na_ '�p &I ( JUN 2 2 1999 pg. C/ 4. 5. Cel 7. c. Rear Yard: Zero (0) feet for Tract I interior to the project and twenty - five (25) feet for Tract II. Maximum Height: Three (3) stories or thirty -five (35) feet for Tract I and three (3) stories or forty (40) feet for Tract II. Minimum Floor Area: One thousand (1,000) square feet for each building on the ground floor. Minimum Off - Street Parking and Off - Street Loading: As required in Section 2.3 of the LDC. Merchandise Storage and Display: Outside storage or display of merchandise is prohibited. 8. Development Intensity: A maximum of fifteen thousand (15,000) square feet of retail may be developed on Tract I. A maximum of twenty -five thousand (25,000) square feet of office use may be developed on Tract II. (See also Section 5.2 of this Ordinance.) B.) Tract III: 1. 2. 3. In 5 91 Minimum Lot Area: One (1) acre. Minimum Lot Width: Two hundred (200) feet. Minimum Yard Requirements: a. Front Yard: Fifteen (15) feet from the edge of pavement of the access drive exclusive of parking areas internal to the project. b. Side Yard: Twenty -five (25) feet, however, within the side yard uncovered patios, sidewalks, and walls six (6) feet or less in height may be permitted within fifteen (15) feet of the property line outside the landscape buffer area. C. Rear Yard: Twenty -five (25) feet. Maximum Height: One (1) story or twenty (20) feet. Minimum Off - Street Parking and Off - Street Loading: As required in Section 2.3, and Section 2.6.26.1.2.3 of the LDC. Building separation: One half (1/2) the sum of the building 5 -3 .S AGENDA ITEM NM -z Sal JUN 2 2 1999 Pg. 7. Development Intensity: A maximum floor area ratio of .45 is permitted for Assisted Living Facilities in accordance with the requirements of Section 2.6.26 of the LDC. 8. Prior to site clearing, a temporary construction fence will go up around the perimeter of the property for Tract III. Upon completion of filling the site, the construction of the privacy wall will go up at the same time as the construction of buildings along the north and east property lines as depicted on Exhibit B, the landscaping cross section. rro.�.,�LrC 5 - 4 JUN 2 2 1999 Pg--"-?1— SECTION VI ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the environmental commitments of the project developer. 6.1 Two Conservation Areas are depicted on the PUD Master Plan and comprise 2.53 acres of native habitat to be retained and enhanced. 6.2 The petitioner shall be subject to the landscaping and buffering requirements of Section 2.4 of the LDC, with expanded buffers as provided for herein in Section 4.10 of this Ordinance. 6.3 Petitioner shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event they are identified on the property contained in the Conservation and Coastal Management Element (discovery of a archaeological or historical site, artifact or other indicator of preservation). 6.4 Petitioner shall obtain and submit documentation of all necessary local, state and federal permits. 6.5 The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals. 6.6 Native vegetation preservation shall conform to the requirements of Section 3.9.5.5.4 of the Collier County LDC and preserve areas shall be generally provided for as depicted on the PUD Master Plan. Adjustments to the boundaries of the preservation area may be made at the time of Final Site Development Plan Approval in accordance with the standards of Section 4.5 of this Ordinance. 6.7 An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction approval. 6.8 A Gopher Tortoise relocation plan shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. .• Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction approval. 6 -1 AGENDA ITEM JUN 2 2 1999 Pit. -s 7 6.10 A Conservation Easement shall be placed over the preserves and recorded on the plat (or by separate instrument if the parcel is not platted) with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners association or likely entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. AGENDA ITEM NM,gg w) 6-2 1 JUN 2 2 1999 Pg. F SECTION VII TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the project developer. 7.1 The developer shall provide arterial street lighting of the project entrance. Said improvement shall be in place prior to the issuance of any Certificate of Occupancy. 7.2 The road impact fee shall be as set forth in Ordinance 92 -2, as amended, and shall be paid at the time building permits are issued, unless otherwise approved by the Board of County Commissioners. 7.3 Internal access improvements shall not be subject to impact fee credits. 7.4 All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 7.5 The single project connection to U.S. 41 shall be restricted to right - in/right -out turning movements and left turning movements for southbound U.S. 41 traffic, per FDOT approval. 7.6 Shared access shall be provided with the adjacent property to the north, provided the necessary cross - easements can be obtained. 7.7 Arterial level street lighting shall be provided at the project entrance. 7.8 This office encourages the applicant's pursuit of an access connection with the property to the north to alleviate access conflicts onto U.S. 41 North. 7.9 Evidence of an FDOT Connection Permit or a Notice of Intent to Issue a Connection Permit shall be provided prior to the issuance of any development order on the property. Na Z9Z 7-1 JUN 2 2 1 °99 Pg. - &q SECTION VIII UTILITY AND ENGINEERING REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 8.1 Utilities: A. Sewer and water service shall be provided by Collier County. All pertinent requirements pertaining to the extension and construction of water distribution and sewage collection facilities shall be met. B. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88 -76, as amended, and other applicable County rules and regulations. C. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer, customers shall be customers of the interim utility established to serve the project until the County's off -site water and/or sewer facilities are available to serve the project. D. Appropriate easements for any project internal water improvements shall be documented on the construction plans and shall be dedicated to the Collier County Water -Sewer District. E. Construction drawings, technical specifications and all pertinent design information shall be submitted in accordance with Collier County Ordinance 97 -017 or amendments made thereto and shall be approved prior to the issuance of development construction approval. 8.2 Engineering: A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. 8 - 1 JUN 2 2 1999 Pg. �D C. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right -of -way and tracts shown on the PUD Master Plan. D. The developer and all subsequent petitioners shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to Preliminary Subdivision Plats, Site Development Plans and any other application that will result in the issuance of a final development order. 8-2 1 JUN 2 2 1999 Pg. 'I SECTION IX WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. 9.1 Detailed paving, grading and site drainage plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. 9.2 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC 9.3 Landscaping may be placed within the water management areas in compliance with the criteria established within Section 2.4.7.3 of the LDC. 9.4 The petitioner shall submit a copy of the SFWMD permit application to Collier County Development Services Engineering Staff for review and comment. 9 -1 JUN 2 2 1999 Pg•_42 A li d >r :. .. C...,.:, Q.. . . :': 4. ::. U . ........... 'I .......... ......... I I I 1 I I I i r -- -_--� it \ I Itli t I I I 1J- - - - - - - C It li Z �w �w I I I rv� t� I I I I I I rv, I l _ J I tits I I r •S I I I I i i I LJ�aJ [r I U� I j j 11��4 r 4 off 4 W F f u V1 R }r ° « - -, I� t 1 I I crl 7 ; t I Ir r Po " C4 ri ti rrr r n U • �p aO "ngoOA w AGENDA No. JUN 2 2 g PL It Z H Q K gw 7 a �U z o H � a a $6 S 3 7 It z ozz g 7 -* � -1 i� 9; al J tR �IT% ,c- C �i Q TZ r z -4 b� v ENCORE SENIOR LIVING NAPLES, FLORIDA NORTH & EAST PR 'TYPICAL TYPE "B" LA DS�C!� Landscape ArchiC®cture Q� 5079 Tamiami Trail Mat i'.O. B*u &05I Naples. nuiida 94101 Plume (941) 417 -0707 ' Fax (941) 417 -070L vv"TOTT 110#1 EXECUTIVE SUMMARY PETITION PUD -99 -1, MR. WILLIAM L. HOOVER, REPRESENTING DANIEL R. MONACO AND MICHAEL E. NORTMAN, REQUESTING A REZONE FROM "A" AGRICULTURAL AND "PUD" PLANNED UNIT DEVELOPMENT (THE MOCAKE PUD AND ZURICH LAKE VILLAS PUD) TO A NEW "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS MALIBU LAKE PUD FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846) AND THE EAST SIDE OF I -75, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 150.15 ACRES MORE OR LESS. OBJECTIVE: This petition seeks to have certain property rezoned from "A" Agricultural and "PUD" Planned Unit Development (the Mocake PUD and Zurich Lake Villas PUD) to a new "PUD" consisting of approximately 150.15 acres. CONSIDERATIONS: The proposed Malibu Lake PUD is comprised of 8.59 acres of undeveloped commercial property ( Mocake PUD), that fronts along Immokalee Road; 97.2 acres of agriculture zoned land proposed for r residential uses; and 44.36 acres of the undeveloped Zurich Lake Villas PUD that was approved at ,a density of 5 units per acre. The proposed Malibu Lake PUD allows a maximum of 799 dwelling units (5.64 units per acre) with accessory recreation amenities, lakes and open spaces. An assisted living facility (ALF) with a floor area ratio of 0.45 may be developed in the northern residential tracts and adjacent to the approved commercial zoning. For each acre allocated for an ALF use, 5.64 dwelling units will be subtracted from the 799 residential units permitted within this PUD. The main access point to the project is from Immokalee road, via a frontage road that is proposed to align with Northbrooke Drive. Other access points are proposed from Oakes Boulevard via an extension of 20' Avenue NW and possibly an extension of 22 id Avenue NW. The access point from the extension if 18`' Avenue NW that was approved with the adoption of the Zurich Lake Villas PUD will be eliminated if this application. The project lands are located within the Urban -Mixed Use District, Urban Residential Sub - district as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The commercial portion of the development (formally known as the Mocake PUD) is located within an Activity Center and is currently approved for commercial uses and is deemed consistent with the GMP. The residential project density of 5.64 dwelling units per acre is also consistent with the density rating system contained in the Future Land Use Element (FLUE) and is based on the following relationship as noted below: Base Density Activity Center Density Band Maximum Permitted Density 1 +4 dwelling units per acre +7 dwelling units JUN 2 Z 1999 Pg.--Z-_j _ Because the site is located within a density band, the Board of County Commissioners may approve three (3) additional dwelling units per acre for a total of 7 per acre. The intent behind providing a density bonus is to encourage development of these parcels to take advantage of existing public facilities and utilities available to the area, and to discourage development outside existing urban areas and into rural areas of the county. Since, the requested density of 5.64 units per acre is less than what the site is eligible to receive by the FLUE and its density rating system, this petition is therefore consistent with the Growth Management Plan, The Board Of County Commissioners has approved similar rezone requests within "Density Bands" where there is an opportunity to approve a range of up to a 3 additional dwelling units per acre when deemed appropriate. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: A discussion of compatibility refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. The Future Land Use Plan acknowledges the entire area as an area where urban residential development is expected to occur. The proposed density is consistent with the GMP and is 1.36 units per acre less than the 7 units per acre that otherwise could have been requested. The proposed master plan limits the location of future dwelling units to the internal portions of the site and is surrounded by preserve areas and a canal to the east. The proposed preserve area will encompass 33.71 acres and is located around the perimeter of the PUD to buffer the project from I -75. The wetland preserve area will also keep residential land uses from encroaching near the Estate zoned properties to the east. These buffers areas will include additional natural habitat preserve areas so that nearly the entire site is bordered by retained vegetation. Furthermore, to improve compatibility, the PUD document's stated intent is to construct the residential structures with a common architectural theme. The PUD development strategy is one that would allow a single family, two family and multi - family dwelling housing structure types. The maximum height for the single- family and two family units are limited to 2 stories. The multi - family condominium units allow a maximum height of 40 feet or three stories with the provision that any building that is two stories or higher have a minimum setback of 80 feet from the common boundary between the canal easement and the eastern PUD boundary. This should prevent residents in the Estate lots from seeing any of the proposed residential units.- Also the development standards relative to each housing structure type are generally consistent with the standards for conventional residential zoning districts. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not necessarily just a density issue. Since the adjacent property to the north is within. an Activity Center it is anticipated to be developed with similar commercial uses. Furthermore, the multi- family condominium portion of the project is generally more compatible with an adjacent interstate highway due to the high level of noise generated by the highway. Regarding the matter of timing, it should be appreciated that urban commercial development has been approved within the I -75 Activity Center which abuts the north end of the proposed community. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. The Traffic Impact Study indicates that the project will generate approximately 3,500 weekday trips over the amount that can be generated by the approved zoning which includes the M e u the Zurich Lake Villas PUD. Staff's analysis indicates that the project trips will exceed t1le significance 2 J J'�; N 2 2 1999 Pg._,�__ test standard (5 percent of the LOS "C" design capacity) on Immokalee Road between I -75 and Oakes Boulevard and on Oakes Boulevard south of 20' Avenue NW. However, theses segments will continue to operate at an acceptable level of service at the build -out of the development. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element. It should be noted that since the primary access point from this PUD is to Immokalee Road, therefore, the traffic impacts on Oaks Boulevard are primarily from local residential traffic. In addition, the proposed extension of Livingston Road from Vanderbilt Beach Road to Immokalee Road will serve as a primary north/south collector road in the area. This collector road is projected to relieve much of the through traffic on Oakes Boulevard. The Transportation Department has also stipulated that all the committed turn lane improvements shall be in place prior to the issuance of any Certificates of Occupancy for the project. Lastly, Policy 7.2 of the TCE encourages the interconnection of local streets between developments when feasible. It is staff's opinion that an interconnection is not feasible since the project abuts I -75 to the west, Immokalee Road to the north and has access to Oakes Boulevard to the east via an extension of 20"' Avenue NW. Furthermore, there is an existing reptile facility to the south which prevents the extension of internal roads to Vanderbilt Beach Road. This petition was also referred to staff with jurisdictional responsibility for reviewing land use petitions for consistency with certain elements of the GMP. The Environmental Advisory Board (EAB) has reviewed and approved this petition. Since the native vegetation preservation or re- vegetation requirements of the LDC will be achieved by the design of the preservation areas, the Conservation and Open Space elements of the GMP will therefore be achieved. In addition, with the elimination of the approved extension of 18" Avenue NW, the wetland preserve area on site will not be bisected by the internal road. It should be noted that the subject property is readily accessible to a whole range of community facilities and provides a direct connection to Immokalee Road which provides shopping, medical and fire protection all within a short driving distance. Both water and sewer facilities are available to the property and will be extended as a consequence of future platting and/or SDP approval. This review supported a finding that an action to rezone the property to the PUD zoning classification would be consistent with applicable elements of the GMP. The Collier County Planning Commission reviewed this petition during their public hearing on June 3, 1999. By a vote of 8 to 0, they forwarded Petition PUD -99 -1 to the Board of County Commissioners with a recommendation of approval subject to the provision that the project be designed in such a manner that encourages the use of the Immokalee Road entrance as the primary access point for-the residents within the development. Five persons spoke during the hearing concerning the density of the project and the resulting additional traffic onto Oakes Boulevard. However, the Planning Commission determined that the aggregation of the various agricultural parcels and lots under a unified plan of development would reduce the amount of traffic onto Oakes Boulevard versus the traffic generated if each property owner were to develop independently and requiring additional connection points on 18"' Avenue NW and 22nd Avenue NW. Because of these concerns, this petition could not be placed on the summary agenda. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this r ue*dneets its I objective, a portion of the existing land will be further developed. The mere fact that ne development 3 JUN 22 1999 P9. has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off -set the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: • Park Impact Fee: • Library Impact Fee: • Fire Impact Fee: • School Impact Fee: • Road Impact Fee: • Radon Impact Fee: • EMS Impact Fee: • Building Code Adm.: • Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,639.02 per unit. Since this project proposes 799 units, the total amount of residential impact fees collected at build -out will total $2,108,576.98. In addition, the following commercial impact fees will be applicable to this project: • Road Impact Fee: F.A. /1,000 x $5,000.00 • Fire Impact Fee: F.A. x $0.30 • EMS Impact Fee: F.A. /1,000 x $250.00 • Radon Gas Impact Fee: F.A. x $0.005 • Building Code: F.A. x $0.005 For a total of 59,000 square feet of commercial uses, the total commercial impact fee at build -out will be: $328,040. The total combined impact fees will be approximately 2,436,616 at the build -out of this project. It should be noted that because impact fees vary by housing type and type of commercial development, and because this approval does not provide this level of specificity as to the actual type of use, the total impact fees quoted above are at best raw estimates. Additionally, there is no guarantee that the project at build -out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally off -set the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. r -kcsmA TE No. /..2 4 n ti 2 2 1999 Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads which may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan (GMP) can not have an adverse impact on the GMP. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition PUD -99 -1, being an application to rezone certain property from "A" Agricultural and PUD (Mocake PUD and Zurich Lake Villas PUD) to "PUD" subject to the access being designed in such a manner that encourages the use of the Immokalee Road entrance as the primary access point for the residents within the development as described in the Ordinance of Adoption and Exhibits made a part of this executive summary. PREPARED BY: /--,-> /-� &--- 6, 3 RA MELLOWS, PRINCIPAL PLANNER DATE C NT PLANNING SECTION VIEWED Y: t r ONALD F. P, MANAGER DATE CURRENT PLANNING SECTION RO ERf J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT APPRO D Y: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD- 99 -1/EX SUMMARY /RVB /rb 5 JUN 2 2 1999 PQ• AGENDA ITEM 7 —G ufu 1 flu [$I oil3►`11111u I TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: MAY 6, 1999 RE: PETITION NO: PUD -99 -1, MALIBU LAKE PUD OWNER/AGENT: Agent: William L. Hoover, AICP Hoover Planning 3785 Airport Road North, Suite B Naples, Florida 34109 Owners: Daniel R. Monaco, Trustee (Tract "A ") 3301 E. Tamiami Trail Naples, Florida 34112 Contract Purchaser: Michael E. Nortman (Tracts "B " - "M ") The Prime Group, Inc. 77 W. Wacker Drive - Suite 3900 Chicago, IL 60601 This petition seeks to have the herein described land rezoned from its current zoning classification of "A" Rural Agricultural and "PUD" Planned Unit Development (the Mocake PUD and Zurich Lake Villas PUD) to a new "PUD" district to be known as the Malibu Lake PUD. The property is located on the south side of Immokalee Road (C.R. 846) and the east side of I -75 in Section 30, Township 48S, Range 26E. (See location map following page). The proposed 150.15 acre Malibu Lake PUD is comprised of 8.59 acres of undeveloped commercial property (Mocake PUD), that fronts along Immokalee Road; 97.2 acres of agriculture zoned land proposed for residential uses; and 44.36 acres of the undeveloped Zurich Lake Villas PUD that was approved at a density of 5 units per acre. The proposed Malibu Lake PUD permits 799 dwelling` units (5.64 units per acre) with accessory recreation amenities, lakes and open spaces. An assisted living facility (ALF) with a floor area ratio of 0.45 may be developed in the northern residential tracts and adjacent to the approved commercial zoning. For each acre allocated for an ALF use, 5.64 dwelling units will be subtracted from the 799 residential units permitted within this PUD. The main access point to the project is from Immokalee road, via a fr ne road that will align with Northbrooke Drive. A secondary access point is proposed from Oakes Bo f1evar&Ay%1TEM 1' extension of 20`� Avenue NW and possibly an extension of 22" Avenue NW. The access P" 2 2 1999 Pg 6 i1I.76 Ol 1pl / Z� CL .Q W H i a a c i / Tim f •p , � 1 3 -- .- .-- .- .+.-------- .----- s Z11\ RR t f wig! 1 • .q i A ITEM -%elf fill �l s +ss ss extension if 18'b Avenue NW that was approved with the adoption of the Zurich Lake Villas PUD has been eliminated with this application. Existing: The entire property is vacant land that includes a 14 acre borrow pit (lake). The existing site vegetation consisting primarily of Pine flatwoods along with other vegetation. The site is moderately invaded with exotics, and includes five preserve areas. The land is zoned "A" Agricultural and PUD ( Mocake PUD & Zurich Lake Villas). The Mocake PUD currently permits 4.1 acres of buildable commercial land while the Zurich Lake Villas PUD is approved for 222 units. Surrounding: North - To the northwest lies the undeveloped commercial PUD known as "Crestwood" which permits warehousing or a 160 room motel. To the north across Immokalee Road is the Northbrooke Plaza PUD, a 39 acre commercial and multi- family mixed use development. East - To the northeast is the 18 acre Brentwood PUD which permits light industrial, warehousing and business park uses. To the east is a 60 foot wide canal/easement, three approved churches, and scattered Golden Gate Estate homes, typically on 2 '/4 acre wooded lots. South - The south side of the project is vacant Agriculture zoned properties allowing one dwelling unit per five acres. West- To the west is the I -75 freeway which has a right -of -way width of approximately 500 feet at this location. Project lands are located within the Urban -Mixed Use District, Urban Residential Subdistrict as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The commercial portion of the development (formally known as the Mocake PUD) is located within an Activity Center and is currently approved for commercial uses. A consistency analysis with applicable elements of the GMP is as follows: FLUE and Densi - The residential portion of the project is located within the Density Band of the I -75 and Immokalee Road Activity Center. As a result, the Board of County Commissioners may approve a range of up to three (3) additional dwelling units per acre over the base density of 4 units per acre for a total of seven (7) units per acre. The proposed density of 5.64 dwelling units per acre is consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship as noted below: Base Density Activity Center Density Band Maximum Permitted Density +4 dwelling units per acre +3 dwelling units per acre +7 dwelling units per acre velonment of these Darcels to take adv urban areas and into rural areas of the county_ It should be noted that the Zurich Lake Villas PUD was approved with a density bonus of one additional unit per acre because the site only had access from a local road (18`h Avenue NW) through the Estates subdivision. Since, the subject project has access to an arterial level road ( Immokalee Road) and is adjacent to commercial uses, the applicant is proposing a b us o�►l;1�DA ITE additional dwelling units per acre. Staff is of the opinion that the requested density of 5.64 unit per Nwe is JUN 2 2 1999 pg•5 additional dwelling units per acre. Staff is of the opinion that the requested density of 5.64 units per acre is less than what the site is eligible to receive by the FLUE and its density rating system, therefore this petition is consistent with the GNP. Traffic Circulation Element (TCE) - The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 4,000 weekday trips over the amount that is currently approved for the Mocake PUD and the Zurich Lake Villas PUD after trip adjustments. The TIS indicates that the project trips exceed the significance test (5 percent of the LOS "C" design volume) on Immokalee Road west of Oakes Boulevard. However, this segment will not operate below it's adopted LOS "D" standard and is projected to operate at an acceptable level of service at the build -out of the project. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the TCE. Immokalee Road (CR -846) is currently a 2 lane arterial road east of 1 -75 and a 4 lane facility west of I -75. The current traffic count for this segment fronting the project is 20,661 and is operating at LOS "E ". Since construction of this 2 lane segment to 4 lanes is scheduled to commence by 1999, this road segment should operate at acceptable level of service at the build -out of the project. Therefore, this petition is consistent with Policies 1.3 and 1.4, of the TCE. It should be noted that the project trips will not significantly impact Oakes Boulevard which is a minor collector road that serves as an important north/south link between Vanderbilt Beach Road and Immokalee Road. Lastly, Policy 7.2 of the TCE encourages the interconnection of local streets between developments when feasible. No interconnection is feasible since the project abuts 1 -75 to the west, Immokalee Road to the north and provides access to Oakes Boulevard to the east via an extension of 20`b Avenue. Furthermore, there is an existing reptile breading facility to the south which prohibits the extension of internal roads to Vanderbilt Beach Road. Conservation and Open Sys - Acreage qualifying as preserve total 33.71 acres. Together with the landscape area (36.43 acres), lakes (21.04 acres), and water management areas, qualifying open space exceeds sixty (60) percent of the gross area. Native vegetation preservation or re- vegetation requirements of the LDC will be achieved by the design for preservation areas and by re- vegetation of native species, therefore the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. Utilities and Water Management - Development of the land will proceed on the bases of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88 -76. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a function of obtaining subsequent development order approvals. The above prescribed course of action makes this petition consistent with this element of the GMP. �'. Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical /Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. The subject petition has been reviewed by the appropriate staff responsible for oversight relatid to referenced areas of critical concern. This primarily includes a review by the CommunitA De JUN 2 2 1999 pg. requested the petitioner coordinate with the neighboring property owners concerning the possible alternate access from the extension of Northbrooke Drive. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. The review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B "). Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. This evaluation includes an analysis of past zoning actions in the project area. In addition, the Board Of County Commissioners has reviewed similar rezone requests within "Density Bands" where there is an opportunity to approve a range of up to a three (3) additional dwelling units per acre when deemed appropriate. The added density is primarily dependent upon the project's compatibility with adjacent land uses and the adequacy of infrastructure to support the additional units. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the FLUE of the GMP. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the subject site and adjacent land will be used for urban residential purposes, and in fact the subject property is near existing residential lands to the east. The PUD Master Plan illustrates a development permitting 799 dwelling units on the subject 141.56 acre residential site. This total includes the 222 units that was approved with the adoption of the Zurich Lake Villas PUD. The total project density of 5.64 units per acre is consistent with the GMP and is approximately 1.36 units per acre less than the 7 units per acre that otherwise could have been requested. In addition, the 8.59 acre commercial portion of the development (formally known as the Mocake PUD) is located within the Immokalee Road/I -75 Interchange Activity Center. The Activity Center concept is designed to concentrate new commercial zoning in locations where traffic impacts can be accommodated and to avoid strip and disorganized patterns of development. Staff is of the opinion that the currently approved commercial land uses are consistent with the Activity Center concept and creates a focal point within the Immokalee Road corridor. These commercial uses are consistent with the GMP provided each such use is compatible with existing and approved land uses. JUN 2 2 1999 Pg.— 1L_ Relationship to Existing Land Uses: The surrounding density of the Estates zoned properties to the east is low, however the future rezoning of the subject site to residential land uses with a density between 4 and 7 units per acre has been anticipated since this site is located within the I -75 Activity Center and its density band. For example, the property to the south was rezoned to the Zurich Lake Villas PUD with an approved density of 5 units per acre. The density bonus was limited to one additional unit per acre over the base density in order to limit the traffic impacts on Oakes Boulevard. This limitation was made because the Qu1X access to the site was from an extension of 18' Avenue NW to Oakes Boulevard. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not necessarily just a density issue. To improve the relationship with adjacent land uses, the location of future dwelling units have been limited to the internal portions of the site as depicted on the proposed Master Plan. The dwellings are also surrounded by preserve areas, a landscape buffer and I -75. The proposed preserve area will encompass 33.74 acres and is located around the perimeter of the PUD which will buffer the project from I -75. The preserve areas will also keep residential land uses from encroaching near the Estate zoned properties to the east. The preserve area will include the additional natural habitat so that nearly the entire site is bordered by retained vegetation. Not only does the eastern preserve area along the existing canal act as a buffer area, it will also serve (for all practical purposes) as a setback of over 150 feet from the eastern PUD boundary and from the Estates zoned lands. The petitioner's stated intent is to construct apartments and condominiums with a maximum height of 40 feet (3 stories). The PUD document requires a setback of 80 feet for any two and three story building from the canal easement located along the eastern PUD boundary. These development regulations should prevent residents of the adjacent Estate dwellings from seeing any of the proposed residential units. It should be noted that the PUD development strategy is one that would allow for a mix of dwelling types such as: single family, two family and multi - family dwelling housing structure types. Development standards relative to each housing structure type are generally consistent with the standards for conventional residential zoning districts and with the currently approved Zurich Lakes PUD. In addition, the currently approved commercial uses and development standards are also compatible with the adjacent Crestwood PUD to the northwest and the Brentwood PUD to the northeast. The Crestwood PUD permits up to 90,000 square feet of retail uses and a 160 room hotel /motel while the Brentwood PUD is approved for light industrial uses including warehousing and business park uses with a maximum building height of 65 feet. The petitioner states that a medium density project is required due to the site's location adjacent to I -75 and commercial zoning to the north. Furthermore, the application of PUD development standards and architectural theme requirements should remove any perception that there are any incompatibility in dwelling types with adjacent land areas. In addition, a multi - family condominium project is generally more compatible with an adjacent interstate highway due to the high level of noise generated by the highway. To reduce the highway noise, the PUD document provides for a berm, wall fence, or combination thereof adjacent to the I -75 right -of -way. Traffic Circulation - Immokalee Road (CR -846) is currently a 2 lane arterial road east of I -75 and a 4 lane facility west of I -75. The current traffic count for this segment fronting the project is 20,661 which results in LOS "E" roadway operation. Since construction of this segment to a 4 lane facility is scheduled to commence by late 1999, CR -846 should operate at an acceptable level of service at the build -out of the project. In addition, Oaks Boulevard (a minor collector road serving the local north/south traffic) is also projected to operate at an acceptable level of service at build -out. The TIS indicates that a majority of the site generated trips will access onto Immokalee Road which will exceed the significance test (5 percent of the LOS "C" design volume) on Immokalee Road, between 1 -75 and Oakes Boulevard. However, this segment will operate at an acceptable LOS and is projected to operate at an acceptable level of service at the build - out of this project as long as the planned road improvements are completed. Since 20' Avenue NW serves low density "Estates" zoned traffic, staff is of the opinion that this secondary ingress /egress point be designed to limit traffic flow and to encourage the use of the primary a Immokalee Road. The intent is to limit the intensifying traffic conditions on Oaks Boulevard. Givei'%W� that that the primary access point is from Immokalee Road and that Oaks Boulevard is project d to JUN 2 2 1999 pg. A LOS "C" at the build -out of this project, staff is of the opinion that no reduction in the site generated traffic or elimination of any secondary access points are needed to improve compatibility with existing and projected traffic on Oakes Boulevard. Taking into account the site constraints that generally require higher densities versus the lower traffic volumes generated by the Estates development to the east, staff is supportive of the proposed development at a density of 5.64 units. Utility Infrastructure - Both a public sanitary sewer and municipal water supplies are available to the property and will be extended as a consequence of future platting. All development must comply with surface water management requirements invoked at the time of subdividing or site development plan approval. Community Infrastructure and Services - The subject property is readily accessible to a whole range of community infrastructure which is enhanced by its interface with Immokalee Road. Shopping centers, and medical offices of various specialties are all within a short driving distance. Access to Immokalee Road is from Oaks Boulevard which will operate at acceptable levels at the build -out of this project. Regarding the matter of timing, it should be appreciated that urban commercial development has been approved within the Immokalee Road and 1 -75 Activity Center. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMT. PUD Document and Master Plan: PUD Document - The Malibu Lake PUD document is modeled after a County Planning Services Model PUD Document in terms of format, general provisions covering references to GMT and LDC, format for addressing land uses and development standards and development commitments. The PUD contains all of the recommendations of reviewing staff and the EAC. The development standards regulating the placement of residential structures both for individual lots and clustered development are similar to the standards commonly employed in other PUD's, which by actual development practice has produced aesthetically pleasing communities. Master Plan - The Master Plan is designed around a primary access point onto Immokalee Road via an approved frontage road. A secondary access point is from an extension of 20 Avenue NW which provides a connection to Oakes Boulevard between Vanderbilt Beach Road and Immokalee Road. Another possible roadway interconnection 22nd Avenue NW may be developed if required. It should be noted that the a possible access point from the extension of 180' Avenue NW that was approved with the adoption of the Zurich Lake PUD has been eliminated with this application. The commercial tract is on the former Mocake PUD site that is located between the Crestwood and Brentwood PUD commercial zoned projects. To improve the relationship with adjacent land uses, the location of future dwelling units have been limited to the internal portions of the site as depicted on the Master Plan. The dwellings are also surrounded by preserve areas, a landscape buffer and I -75. The proposed preserve area will encompass 33.71 acres and is located around the perimeter of the PUD which will buffer the project from I -75. The preserve areas will also keep residential land uses from encroaching near the Estate zoned properties to the east. That the Collier County Planning Commission (CCPQ recommend approval' of Petition PUD -99 -1 subject to the approval conditions that have been incorporated in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. 6 1 JUN 2 2 1999 Pg. 42_.- PREPARED BY: S•�z �� RAY PILLOWS, PRINCIPAL PLANNER DATE CURIZENT PLANNING SECTION Y: AICP, MANAGER DATE PLANNING SECTION OBERT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT APP BY: VIN ENT A" AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL, SVCS. Petition Number PUD -99 -1 Staff Report for June 3, 1999 CCPC meeting. COLLIER CO PL OMMISSION: MIC J. BRUET, CHAIRMAN PUD -99 -1/ STAFF REPORT/RVB /rb JUN 2 2 1999 P9---43-L- L.... 1 I GOLDEN GATE ESTATES UIT 67 -. jr UVEJGST013€aziiN STONER DGE "to I I 11 II II II HERITAGE II pa0µ I DOVAN II SIRANO CRE T i CIDITFR II n a g arA i PROJECT `\`��. I VuAS LAD MA I , � I ISLANOW" L 016 GOLDEN GATE ESTATES QUAIL LONGSHORE a v I LAKE ii CARLTON PELICAN PARKER 5 KE ML1�1 WILSHIRE LAKES t- PIPER LIL%O. MMWAL OFFICE I LACES STRAND W�orS / P L;j imul CENTER- 'y�CARpEN� C�pR VANDERBILT BEACH A (C.R. B.6) Lt71 1 I GOLDEN GATE ESTATES UIT 67 STONER DGE "to PUO HERITAGE DOVAN GR@15 CRE T i CIDITFR LAKE I arA i PROJECT asom LAKE LOCATION I VuAS LAD MA I , � I ISLANOW" L 016 GOLDEN GATE ESTATES v UNIT 96 PARKER 5 KE ML1�1 WILSHIRE LAKES t- W�orS PUD VANDERBILT BEACH A II GARDENS Y MNEY II VINEYARDS 11 MONTEREY I lAKES GARD NS GROVE I I GOLDEN GATE CAY BL MIT LIMIT YS EEI�SS BAPTI ST VXX Y SLEEPY VINEYARDS HOLLOW [BAR OAK I I KEl3A I I 1MA W PARK L PAW PARK 1 Z GOLDEN GATE ESTATES S j UNIT 35 PNE AR � I LAKES 1 GOLDEN GATE 1 UNIT 32 14:0 The extension of Livingston Road between Vanderbilt Beach Road and Immokalee Road (as indicated on the map above) will serve as the primary north/south collector road in this area. Transportation Staff indicates that this road should reduce the through traffic on Oakes Boulevard. N& -z./� JUN 2 2 1999 Pg.� FINDINGS FOR PUD PUD -99 -1 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pr (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area along CR -846. (ii) Development of land which is located on an arterial road, is within an Activity Center, and is adjacent to commercial uses is particularly suitable for commercial uses. (iii) The pattern of development of surrounding properties is similar to the type of development proposed including the proposed density of 5.64 units per acre. Con: (i) The existing Estate residents often perceive a mixed use commercial and residential developments as an intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro /Con: Evaluation not applicable. Exhibit "A" 1 AGMAIWO NO., JUN 412 1999 Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: None. Findings The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: The subject PUD proposes to allow commercial uses consistent with the approved Mocake PUD. These uses and the residential density are also consistent with the Future Land Use Element (FLUE) of the Growth Management Plan. The site is currently designated Mixed Use Activity Center on the FLUE and is also within the density band. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The PUD has been designed to provide the same uses and development standards as the approved Mocake and Zurich Lake Villas PUD that have been incorporated within this new PUD. In addition, increased landscaping and buffering has been provided to buffer the residential neighborhood with the commercial and multi - family areas. Con: None. Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro /Con: Evaluation not applicable. Summary Finding: The amount of open space set aside by this project co STEM with the provisions of the Land Development Code. 140.'ae2X_I_ 'U';' 2 2 1999 2 pa _LL- 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro /Con: Evaluation not applicable. Summary Finding_: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: This petition seeks to incorporate the existing commercial zoning that is adjacent to the agricultural zoned property to allow access to Immokalee Road. This will result in an additional acre of commercial zoning. However, this project will not adversely impact any adopted level of service standard. Con: None. Summary Finding: Ability, as applied in this context, implies supporting infrastructure °- such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro /Con: Evaluation not applicable. Summary Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. FINDINGS FOR PUD- 99- 1/RVB /rb AGENDA ITEM 3 1 .SUN 2 2 1999 pg. _._A - REZONE FINDINGS PETITION PUD -99 -1 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: i. The subject property is located within the Mixed Use Activity Center District and density band as depicted on the FLUE of the Growth Management Plan. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The uses permitted within this PUD are also consistent with the Mocake PUD and the Zurich Lake Villas PUD which has been incorporated into this new PUD. The proposed commercial uses and residential density are consistent with the uses /density allowed within Activity Centers and density bands. 2. The existing land use pattern; Pro /Con: Evaluation not applicable. (a more detailed study is contained in the staff report.) Summary Findings: To the northeast is the approved Brentwood PUD and to the northwest is the Crestwood PUD. These are commercial PUD projects within the Activity Center. The property to the north of CR -846 is an approved commercial tract as part of the Northbrook Plaza PUD. To the west is I -75 while the Estates zoned properties are to the east. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pty. The subject site is of sufficient size and is located within an Activity Center. In addition, the site is adjacent to existing commercial PUD projects. AGENDA ITl No •1- Exhibit `B" 1 JUN 2 2 1999 Pg. Con: None. Summary Findings: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. PLQ, The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findings: The properties to the north are zoned PUD and they contain similar commercial uses. In addition, the boundaries are logically drawn by virtue that the subject PUD provides an extension of the commercial retail land. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro- The proposed zoning change is appropriate based on the approved commercial land uses to the and because of the subject PUD's relationship to the GMP is a positive one. Con: None. Summary Findings: Consistent with the FLUE and Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Em. (i) Recommended mitigation actions (i.e. landscaping) made a condition of approval will go a long way towards offsetting any potential adverse influences on the residential subdivision to the west of the project. (ii) Improved traffic circulation for Estate residents and the residents of the Zurich Lake Villas PUD will be provided by requiring this PUD to have it's primary access to Immokalee Road instead of 18' Avenue NW. Con: (i) The commercial location within the subject site could cause increased noise and traffic impacts on the nearby residences. However, due to the proposed landscape and buffer areas, the proposed PUD should not adversely impact the adjacent properties. I rIFN No. z I JUN 2 2 1999 pg. 1Z - Summary Finding, The proposed PUD will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on the adjacent residential area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with the traffic circulation element. (ii) The property fronts directly on a public road (CR -846) thereby providing access to the arterial road network over which traffic from this mixed use development will draw and defuse traffic. Con. (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements as adopted in the Growth Management Plan.. (ii) In the short run construction traffic made necessary for development may be irritating to local residents. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. 8. Whether the proposed change will create a drainage problem; Pro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: (i) Urban intensification in the absence of commensurate improvement to inter - county drainage appurtenances may increase the risk of a-ding in ._.. areas when the drainage outfall condition is inadequate. AMIVA ITEM Na JUN 2 2 1999 3 1 Pg. �, Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub - surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; rQ, The proposed PUD development conforms to the approved zoning on the adjacent property to the north. In addition, the maximum height for the structures as provided for in the PUD is the same as the maximum height permitted within the adjacent commercial PUD projects. The overall development standards are compatible with the standards listed for the similar commercial districts in the LDC which are designed to protect the circulation of light and air to adjacent areas. Cm, Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; phi Typically urban intensification increases the value of contiguous underutilized land. Con: None. Summary Findings: This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro /Cow. Evaluation not applicable. Summary Findings: The basic premise underlying all of the develc the zoning division of the LDC is that their sound application when JUN 2 2 1999 4 F%•—=---- administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro /Con: Evaluation not applicable. Summary Findings: The proposed PUD complies with the Growth Management Plan, which are public policy statements supporting Zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro /Con: Evaluation not applicable. Summary_ Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. Con: Existing neighbors within the adjacent Estates subdivision to the east may feel that the proposed change is out of scale with the neighborhood. Summary Findings: The subject PUD complies with the Growth Management Plan while the intensity of land uses is deemed acceptable for this site. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro /Con: Evaluation not applicable. S, ummary Findings: There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evv ua n� R rrt� appropriateness of a rezoning decision. The determinants of zoning are cons stenp�r with a 5 J JUN 2 2 1999 pg.—,23— all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The subject property is undeveloped. Presently exotic vegetation has invaded the site, however the environmental impacts are minimal. Con: Development of the site may create a need for additional fill and site alteration for infrastructure improvements. Summary Findings: The extent of site alteration will be determined as a function of obtainingra Site Development Plan approval to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: A multi - disciplined team responsible for jurisdictional elements of the GMP have reviewed this petition and have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS PUD- 99- 1 /RVB /rb R. JUN 2 2 1999 Pg. :21-- COLLIER COUNTY APPLICATION FOR PUD REZONE PETITION NO. PUD-11-1 COORDINATING PLANK] DATE RECEIVED Applicant Name (Agent): William L. Hoover. AICP, of Hoover Planning Address: 3785 Airport Road North, Suite B Naples FL 34105 Phone: 403 -8899 Fax: 403-9 Property Owner (Petitioner) Name and Address: Daniel R. Monaco, Trustee, 3301 E. Tamiami Trail, Building L 2nd Floor Naples FL 34112 (owner of Parcel A on the PUD Master Plan) Phone: 774 -8118 and Michael E Nortman. Prime Residential LLC 77 W Wacker Drive Suite 4200, Chicago, IL 60601 (contracted purchaser of Parcels B - M on the PUD Master Plan) Phone: 312- 917 -8872 Detailed Legal Description of Subject Property: Section 30 Township 48S Range 26E See attached Exhibit Property Identification #: 00196880008 00196960009 00197120000 00197160002 00197200001. 00197800003. 00198160001. 00198560009 ,00197080001,00197320004, 00197480009 .00199240001.00196840006 Size of Property: 5.100 Feet x 1.650 Feet (irregularly shaped) = 150.08± Acres General Location of Subject Property: South of Immokalee Road. Adjacent and on the East Side of the Interstate 75 Right -of -way. Adjacent Zoning and Land Use: ZONING N - Northbrooke Plaza PUD S - Agricultural E - Canal ROW. Estates & Estates with Conditional Use W - I -75 ROW & Aglicultural LAND USE Commercial/undeveloped commercial. Vacant, then commercial snake farm Canal. then scattered estates homes & N. Naples Baptist Church & another church. Freeway, then vacant with much of land pmposed for the N. Naples Regional Park. Existing Zoning: Aglicultural. Mocake PUD and Zurich Lake Villas PUD AGENDAITU N& (a ) .7- JUN 2 2 1999 Proposed Land Use or Range of Uses: PUD with highway commercial land uses on commeryial_ _ parcel and mixed residential land uses on residential parcels. Does Property Owner own contiguous property to the subject property: If so, give complete legal description of the entire contiguous property: No. Has a public hearing for a rezone been held on this property within the past 12 months? If yes, please write the rezone application number. No. Is this property currently vacant? Yes. If the answer is no please describe the current land use and all existing structures. 7 ,u� � � 0y, X, �, � Signature of Petitioner's Agent -5--l-29 Date * If petitioner is a corporation other than a public corporation, so indicate and name officers and major stockholders. * If petitioner is a land trust, so indicate and name beneficiaries. * If petitioner is a partnership, limited partnership or other business entity, so indicate and name principals. * If petitioner is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. * If petitioner is a contract purchaser, attach copy of contract, and indicate actual owner's name and address. See attached Letters of Unified Control/Agent Authorization. deeds. and breakdown of . land trust labeled Exhibit "B" and purchase contract for Parcel H shown as Exhibit "C ". Prime Residential. LLC is a private Indiana limited liability company with Richard Cavanaugh as President and Michael Nortman as Assistant Vice- President. NM- JUN 2 2 1999 PQ- Cp & E=BIT "A" Parcel A: The E 1/2 of the W 1/2 of the NE 1/4 of the NE 1 /4, Section 30, 'Township 48S, Range 26E, less the West 30 feet reserved for public right -of -way and less portions previously deeded for S.R. 846 and I -75 right -of -way, Collier County, Florida. (Trustee Judge Monaco) Parcel B: The E 1/2 of the SW 1/4 of the NE 1/4, Section 30, Township 48S, Range 26E, less portions conveyed for I -75 right -of -way and less portion lying West of I -75 right -of -way, Collier County, Florida. (Trustee William Hoover) Parcel C: The N 1/2 of the W 1/2 of the SE 1/4 of the NE 1/4 of Section 30, Township 48S, Range 26E, Collier County, Florida. (Trustee Dell Cook) Parcel D: The S 1/2 of the W 1/2 of the SE 1/4 of the NE 1/4 of Section 30, Township 48S, Range 26E, Collier County, Florida. (Trustee Dell Cook) Parcel E: All land lying East of I -75 in the E 1/2 of the NW 1/4 of the SE 1/4 of Section 30, Township 48S, Range 26E, Collier County, Florida. (Trustee Dell Cook) Parcel F: The W 1/2 of the NE 1/4 of the SE 1/4 of Section 30, Township 48S, Range 26E, Collier County, Florida (Trustee Dell Cook) Parcel G: The N 1/2 of the E 1/2 of the NE 1/4 of SE 1/4 of Section 30, Township 48S, Range 26E, Collier County, Florida. (Trustee Dell Cook) Parcel H: The S 1/2 of the E 1/2 of the NE 1/4 of SE 1/4 of Section 30, Township 48S, Range 26E, Collier County, Florida (Trustee William Hoover) Parcel I: That portion of the E 1/2 of the SW 1/4 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, lying East of Parcel 129 (I -75 right -of -way) as described in O.R. Book 986, Pages 1271 - 1273, of the Public Records of Collier County, Florida (Property owners James and Rebecca Smith) Parcel J: The W 1/2 of the W 1/2 of the SE 1/4 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida (Property owners David Rynders and William Hoover) Parcel K: The E 1/2 of the W 1/2 of the SE 1/4 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida (Trustees Kenneth Bloom and Wayne Sykes) Parcel L: The E 1/2 of the SE 1/4 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (Trustees Kenneth Bloom and Wayne Sykes) Parcel M: The E 1/2 of the SE 1/4 of the NE 1/4 of Section 30, Township 4 Range 26 East, Collier County, Florida. (Trustees Joette Henry and Stephen P. Out "A ITEM lry)o -� .JUN 2 2 1999 pg._ Exhibit ",6- / " I -75 and 846 Interchange Land 'Trust Parcel C Everett T. Michaelson Trust 25% 27671 -1 Bay Point Ln. S.W. Bonita Springs, Fl. 34134 Phone 947 -4845 Kenneth O. Vaughn 25% 1392 Frank Whiteman Blvd Bonita Springs, F134108 Phone 261 -0807 Dell E. Cook (Trustee) 50% 27670 -B4 Bay Point Ln. S.W. Bonita Springs, F134134 Phone 992 -5300 Atty, Ceorge P. Langford Phone 262 -2011 Updated as of December 18, 1998 JUN 2 2 1999 Exhibit "6? -,2 " I -75 and 846 South 10 Acres Land Trust Dated 30'x' Day of May 1997 Parcel O William Hustti and Ve MIM Huszti 40% As Joint Tenants with Right of Survivorship 4356 Division Road Windsor Ontario, Canada MAW Phone (519) 735.3171 Gabor Sandor and Katalin Sandor 40% As a Joint Tenants with Right of Survivorship 441 Flora Ave. Windsor Ontario, Canada N8P1Gl Dell F- Cook (Trustee) 27670 -B4 Bay Point Ln. S.W. Bonita Springs, F134134 Phone (941) 992 -5300 Atty; George P. Langford Phone 262 -2011 Updated as of December 18, 1998 20% JUN 2 2 1999 Pg. 7 Exhibit "G'- 3 " SEC. 30, TN, 48, RG 24 I -75 N. Lake Land Trust Parcels R I- F Percentage of Interest Alex Huszti 20% Robert T. Campbell 1300 Tanglewood Crt. Windsor Ontario, Canada N9A 2K2 William Huszti 4365 Division Road Windsor Ontario, Canada N9A 6J3 Phone (519) 735.3171 Gabor Sandor 441 Flora Ave. Windsor Ontario, Canada, N8P 1 G1 Shellie Wicks c/o Harmon 850 Circle Dr. Elm Grove, W153122 -2140 Phone (414) 781 -2063 Larry Wicks 10311 N. W. I'/" Court Plantation, F133322 (954)321 -2209 Lawrence G. Mason 302 Whitcomb Blvd. T'$rpon Springs, F134689 Phone (813) 942-66217 Elio Gonzalez 4580 5's Ave SW Naples, F133963 Phone 353 -3456 Updated as of December 18, 1998 P.O. Box 510969 Punta Gorda, Fl 33951 Phone 566 -1030 20% E.R. Cook Trust c% Dell Cook Bonita Springs, F1 34134 Phone 992 -5300 5% Dell E. Cook (Tnistee) 27670 -B4 Bay Point Lane SW Bonita Springs, F134134 Phone 992 -5300 5% 5% 5% 10% 1 10% 10% l0% JUN 2 2 1999 PI.—II-6— Exhibit '16—v If Parcel G Land Trust Percentage of Interest Veronica E. Huszti 20% Lawrence G. Mason and Marsha S. Mason 10% 1300 Tanglewood Crt. Windsor Ontario, Canada N9A 2K2 William Huszti 20% 4365 Division Road Windsor Ontario, Canada N9A 6J3 Phone (519) 735-3171 Gabor Sandor 5% 441 Flora Ave Windsor Ontario, Canada, N8P 1GI Phone (519) 974 — 6120 Dell E. Cook 5% 27670 -B4 Bay Point Lane SW Bonita Springs, F134134 Phone (941) 992 -5300 Dell M. Cook 5% 1024 Oak Forest Dr. Naples, F133942 Phone (941) 774 -6718 Larry Wicks 5% 10311 N.W. 17w Court Plantation, F133322 (954) 321 -2209 Shellie Wicks clo Harrison 5% 850 Circle Dr. Elm Grove, WI 53122 -2140 Elio Gonzalez 5% 4580 P Ave SW Naples, F133963 Phone 35356 Atty; George P. Langford Phone 262 -2011 Updated as of December 18, 1998 Husband and wife, as joint tenants with rights of survivorship. 302 Whitcomb Blvd. Tarpon Springs, F134689 Phone (813) 942 -6217 Robert T. Campbcll 100/0 P.O. Box 510969 Punta Gorda, Fl. 33951 E. R Cook Trust cto Dell Cook 10% Bonita Springs, F134134 Phone 992 -5300 AGENDA ITEM 1 JUN 2 2 1999 Pg. 3 J EXHIBIT "B -5" BENEFICIARIES OF LAND TRUST FOR PARCEL "A" Daniel R. Monaco, Building L, 2nd Floor, 3301 E. Tamiami Trail, Naples, FL 34112 William Keith, 3550 E. Tamiami Trail, Naples, FL 34112 John Cardillo, 3550 E. Tamiami Trail, Naples, FL 34112 BENEFICIARIES OF LAND TRUST FOR PARCEL "B" Timothy D. & Susan G. Brick, 5095 Seahorse, Avenue, Naples, FL 34102 Thomas A. & Julie L. Hoover, 4025 Hillman Road, Morral, OH 43337 Herbert E. & Norma M. Hoover, 8600 - 29th Ave. E., Box 287, Palmetto, FL 34221 William L. & Charlene S. Hoover, 398 Ashbury Way, Naples, FL 34110 BENEFICIARIES OF LAND TRUST FOR PARCEL "H" Timothy D. & Susan G. Brick, 5095 Seahorse, Avenue, Naples, FL 34102 Holly R. O'Quinn & Brian A. Hoover, 116 Megan Court, Orange City, FL 32763 Mary Seal, 6861 St. Edmund's Loop, Fort Myers, FL 33912 Richard S. & Catherine B. Shanahan, 427 Barcelona Court, Marco Island, FL 34145 Beau E. & Vicki M. Keene, 538 Ninth Ave. South, Naples, FL 34102 Thomas A. & Julie L. Hoover, 4025 Hillman Road, Morral, OH 43337 Herbert E. & Norma M. Hoover, 8600 - 29th Ave. E., Box 287, Palmetto, FL 34221 William L. & Charlene S. Hoover, 398 Ashbury Way, Naples, FL 34110 (Parcel "H" is under purchase contract by the Malibu Run Land Trust. The current property owners are Anthony Digiammo and Lisa Barrone. The attached purchase contract labeled Exhibit "C" gives the Land Trust permission to apply for a PUD Rezoning.) JUN 2 2 1999 pg. 3 .2. EXHIBIT `B -6" BREAKDOWN OF LAND TRUST FOR PARCELS "K" AND "L" Mr. Ira Baraz, 16463 NE 27th Place, N. Miami Beach, FL 33160 Mr. Kenneth M. Bloom, Esq., 800 Brickell Avenue, Suite 1100, Miami, FL 33131 -2900 Mr. Donald Dwore, 13105 Silver Fox Trail, Palm Beach Gardens, FL 33418 Mr. Steve Fraidstern, 2699 Stirling Road, Suite B -100, Ft. Lauderdale, FL 33312 Estate of Mariana Herrera, Attu: Mr. Neil Pollack, 6171 SW 79th St., Miami, FL 33143 Mr. Marvin Hornstein, 3370 NW 21 st Court, Coconut Creek, FL 33066 Mr. Ron Narup, 525 Bay Point Road, Miami, FL 33137 Mr. Michael R. Sahr, 4901 N. Travelers Palm Lane, Tamarac, FL 33319 Mr. Barry Siegel, D.O., 5940 SW 94th St., Miami, FL 33156 Mr. Robert Spath, 12130 US 41, Lot 14, Gibsonton, FL 33534 Mr. Martin A. Stoll, 410 E. 73rd St., Apt. 5B, New York, NY 10021 Mr. Wayne H. Sykes, 606 Wimberly Drive, Greensboro, NC 27410 Mr. George Vina, Vina 8t Co., 255 Alhambra Circle, Suite 715, Coral Gables, FL 33134 BREAKDOWN OF LAND TRUST FOR PARCELS "M" Stephen P. Henry, 14 Robin Hill Road, North Caldwell, NJ 07006 Walter J. Henry, 27437 Detroit Road, Apt. # F -24, West Lake, OH 44145 Peter J. Henry, 9017 Dartmouth Way, Buena Park, CA 90620 Gregory A. Henry, 24 Orchard Place, Bradford, PA 16701 AGENDA JUN 2 2 1999 pg. 3 G.. � s, _ -� •-�+ , . � . ,� I mac. Co; ld • /A J 1 e ■r. _tire Jµ �.�.� "Pill AWASWAOMil L !@ A jt fii?�t .- 14 5 t.. ``,t 91111 {. \ I t{�•i' m All ' q�yri 1. C. rr - r ti "'1t III „, //ii�■��__ }} =�. � ' � I•' 3 l � y :1111 � � �1 I ,•. ,il7. � ■Ir1 r'• ` erred- �t I /' � � F � a' i,<II •� t':'.. jam• irr5 JAI .. / '' `�I n it � �• \ I ��� I ��” ` �. ! ✓ ` i ,I 1 � „J ` '11!''11 I -- - -, M � _ �✓ . 1p T �` � � ��• � ` �� r, 7�t1►`,. �1't 1. � , y. ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8630 N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE AND " PUD" PLANNED UNIT DEVOLOPMENT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS MALIBU LAKE AND ALLOWING A MAXIMUM OF 732 MULTI- FAMILY DWELLING UNITS AND COMMERCIAL USES FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846) AND THE EAST SIDE OF I -75, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 128.92-+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 92 -4, THE FORMER MOCAKE PUD AND ORDINANCE NUMBER 97 -34, THE FORMER ZURICH LAKE VILLAS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, representing Daniel R. Monaco, Trustee and Michael E. Nortman, Development Manager, The Prime Group, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture and "PUD" to "PUD" Planned Unit Development in accordance with the Malibu Lakes PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8630 N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 92-4, the former Mocake PUD adopted on January 14, 1992 and Ordinance Number 97 -34, the former Zurich Lake Villas PUD adopted on August 5, 1997 are hereby repealed in their entirety; This Ordinance shall become effective upon filing with the Department of State. tT�• y � MMA JUN 2 2 1999 pg.. s -- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1999. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency Marjor a M. Student Assistant County Attorney PUD -99 -1 ORDMANCFJ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, CHAIRWOMAN -z- JUN 2 2 1999 Pg. 3 � MALIBU LAKE PUB A PLANNED UNIT DEVELOPMENT PREPARED FOR: MICHAEL E. NORTMAN PRIME RESIDENTIAL, LLC 77 W. WACKER DRIVE, SUITE 4200 CHICAGO, ILLINOIS 60601 DANIEL R. MONACO, TRUSTEE BUILDING L, 2ND FLOOR 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 Q. GRADY MINOR, P.E. Q. GRADY MINOR & ASSOCIATES, INC. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 N. TAMIAMI TRAIL, SUITE 300 NAPLES, FLORIDA 34103 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER December 28, 1998 May 18, 1999 F AGENDA ITEM No.�4 ;; J L 2 1999 a pg._ 37 TABLE OF CONTENTS y PAGE TABLE OF CONTENTS i LIST OF EXHIBITS STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 7 SECTION III RESIDENTIAL AREAS PLAN 10 SECTION IV COMMERCIAL AREAS PLAN 16 SECTION V DEVELOPMENT COMMITMENTS 21 AGENDA ITEM Na Aqo� JUN 2 2 1999 pg• -2p LIST OF EXHIBITS EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B° PUD WATER MANAGEMENT PLAN EXHIBIT "C" DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING EXHIBIT "D" DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING EXHIBIT "E" DEPICTION OF PROJECT ENTRY SIGN EXHIBIT "F" DEPICTION OF PROJECT ENTRY SIGN EXHIBIT "G" LEGAL DESCRIPTION AGENDA ITEM RION 2 2 1999 STATEMENT OF COMPLIANCE The development of approximately 150.15± acres of property in Collier County, as a Planned Unit Development to be known as Malibu Lake PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial and residential facilities of the Malibu Lake PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The commercial portion of the subject property is within the Interstate Activity Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Sub - District of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area. 2. The subject property is located on the southern side of Immokalee Road, approximately 1000 feet west of the intersection between Oakes Boulevard and Immokalee Road. This strategic location allows the commercial site area superior access for the location of highway interchange land uses, as permitted by the Future Land Use Element. 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of commercial land uses as required in Objective 2 of the Future Land Use Element. 4. The subject project has a shared frontage road and access onto Immokalee Road, with the adjacent Brentwood (commercial) PUD to the east and the adjacent Crestwood (commercial) PUD to the west. Such access point is a designated access point on the Collier County Access Management Plan, as described in Policy 4.4 of the Future Land Use Element. 5. The residential portion of the subject property is within the Urban Residential Mixed Use District Land Use Designation as identified on the Future Land Use Map. 6. The residential portion of the subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 7. The residential project area is located within the Residential Density Band around the Interstate 75 - Immokalee Road (C.R. 846) Activity Center, as described within the Density Rating System of the Future Land Use Element. 1- JUN 2 2 1999 Pg.� 8. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 9. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 10. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.11 of the Future Land Use Element. 11. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 12. The projected density of 5.64 dwelling units per acre on the residential portion of the subject PUD is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density Activity Center Density Band Maximum Permitted Density 4 dwelling units /acre +3 dwelling units /acre 7 dwelling units /acre 13. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 2 AGENDA ITEb. ;�;5 2 2 1999 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Malibu Lake PUD. 1.2 LEGAL DESCRIPTION The subject property being 150.15± acres, located in Section 30, Township 48 South, and Range 26 East, with the legal descriptions provided as Exhibit "G ". 1.3 PROPERTY OWNERSHIP The subject property is owned by: (Parcel A) Daniel R. Monaco, Trustee Building L, 2nd Floor 3301 E. Tamiami Trail Naples, Florida 34112 (Parcel B) William L. Hoover, Trustee 3785 Airport Road N., Suite B Naples, Florida 34105 (Parcels C - G) Dell E. Cook, Trustee 27670 #13-4, Bay Point Lane Bonita Springs, Florida 34134 (Parcel 1) James M. & Allie Rebecca Smith 12829 W. Foss Grove Path Inglis, Florida 34449 3 AGENDA ITEM M "a rdj e. -;- JUN 2 2 1999 pg.-12— (Parcel J) William L. Hoover & David W. Rynders 3785 Airport Road N., Suite B Naples, Florida 34105 (Parcels K and L) Kenneth M. Bloom & Wayne H. Sykes, Co- Trustees 1401 Brickell Avenue, Suite 700 Miami, Florida 33131 (Parcel M) Joette and Stephen P. Henry, Trustees 7344 E. Rose Lane Scottsdale, Arizona 85250 The subject property is under purchase contract by: (Parcel H) William L. Hoover, Trustee 3785 Airport Road N., Suite B Naples, Florida 34105 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the south side of Immokalee Road, adjacent to and east of the Interstate 75 right -of -way (unincorporated Collier County), Florida. B. The northern 114 of the subject property is comprised of the 8.59± -acre Mocake PUD, that is undeveloped but approved for commercial land uses. Commercial land uses would continue to be permitted on this parcel within this mixed use PUD. The southern 3/4 of the subject property is comprised of 97.20± acres of undeveloped Agriculturally -Zoned and 44.36± acres of the Zurich Lake Villas PUD (a residential PUD approved for 222 units) that would be rezoned for residential uses within this mixed use PUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the 1 -75 Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed out -fall for the project is the existing canal along the eastern property tine. JUN 2 2 1999 Pig Natural ground elevation is approximately 10.2 to 13.9 NGVD. The entire site is located within FEMA Flood Zone °X" with no base flood elevation specified. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at the 25 -year, 3-day flood stage. Water quality pretreatment is proposed on the on -site lake system prior to discharge to the existing canal, located along the eastern PUD boundary. Utilization of the wetlands for discharge (no storage) of the design storm improvements is included as part of the design. Discharging to the wetland preserve areas will improve the hydro - period. Per Collier County Soil Legend, dated 1998, there are 4 types of soil found within the limits of the property: #2 - Holopaw Fine Sand, Limestone Substratum #11 - Hallandale Fine Sand #14 - Pineda Fine Sand, Limestone Substratum #21 - Boca Fine Sand The site vegetation consists mainly of Pine flatwoods and Cypress /Cabbage Palm wetlands. The site has been moderately invaded by exotics (i.e. Melaleuca and Brazilian Pepper). 1.6 PROJECT DESCRIPTION The Malibu Lake PUD is a mixed use project comprised of 8.59 acres of commercial land uses on the northern 1200 feet of the subject site and the southern 3950 feet of the site is designated for a maximum of 799 residential units on the remaining 141.56 acres. More specifically the residential portion of the mixed use PUD is comprised of: the 48.1 -acre Northern Residential Area, a 49.1 -acre Middle Residential Area, and a 44.36 -acre Southern Residential Area (currently the Zurich Lake Villas PUD approved for 222 units). The residential units are projected to be developed as: garden apartments and condominiums. An approximate 10 -acre tract within the Northern Residential Area may be developed as an adult living facility or nursing home. For each acre allocated for development as an adult living facility or nursing home, 5.64 units shall be subtracted from the 799 residential units permitted within this PUD. Recreational facilities will be provided in conjunction with the dwelling units. The commercial and residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture themes, quality screening /buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE AGENDA 11tM JUN 2 2 1999 P9.._ I This Ordinance shall be known and cited as the "Malibu Lake Planned Unit Development Ordinance ". 6 SUN 2 2 1999 Pa. -� SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Malibu Lake PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Malibu Lake PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or 7 JUN 2 2 1999 next, to occur of either Final Site Development Plan approval, Final° Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT DENSITY AND INTENSITY OF LAND USES A maximum of 799 dwelling units shall be constructed in the residential areas of the project. The gross project area within the residential areas is 141.56± acres. The gross project density shall be a maximum of 5.64 units per acre. Unless ownership of all residential parcels (Parcels "B" through "M ") is consolidated, Parcels "B" through "M" as described in Exhibit "G" of this document shall be prorated residential units based on the percentage that their acreage is of the 141.56± acres designated for residential areas unless units are specifically allocated by the Board of County Commissioners to the Northern, Middle, or Southern Residential Areas. Residential units may be transferred across parcel boundaries upon formal agreement of the property owner transferring the units. For each acre allocated for development as an adult living facility or nursing home, 5.64 units shall be subtracted from the 799 residential units permitted within this PUD. A maximum of 8.59 acres of land shall be developed within the commercial areas of the project at a floor area ratio of .45. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Parcels are identified by letter on the PUD Master Plan for purposes of identifying the owner of that parcel. The actual development of the residential portion of the property and /or subdivision of the residential portion of the property can occur in any configuration and is in no way limited to the configuration established by the identification of parcels set forth in the PUD Master Plan. However, the types of uses identified on the PUD Master Plan shall be as set forth in the general configuration illustrated graphically on Exhibit "A", which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the uses identified on the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. s AGENDA JUN 2 2 1999 Pg•� 2.5 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. 2.6 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock - piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off -site disposal is also hereby permitted subject to the following conditions. A. Excavation activities shall comply with the definition of a `Development Excavation' pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off -site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. B. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. JUN 2 2 1999 P9•. SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A ", PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 799 units. Approximately 10 acres within the Northern Residential Area may be developed as an adult living facility or nursing home. For each acre allocated for development as an adult living facility or nursing home, 5.64 units shall be subtracted from the 799 residential units permitted within this PUD. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single- family dwellings (includes zero -lot line). 2. Two - family dwellings (includes duplexes). 3. Multi- family dwellings (includes villas, coach homes, carriage homes, townhouses and garden apartments). 4. Adult living facilities and nursing homes (only in the Northern Residential Tract). 5. Any other use deemed comparable in nature by the Development Services Director. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 10 AGENDA Na JUN 2 2 19' pg• G 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's' playground areas, tot lots, boat docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities, including within the Natural Habitat Preserve Area. 7. Recreational facilities, such as boardwalks, walking paths and picnic areas, within the Natural Habitat Preserve Areas after the appropriate environmental review. 8. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, after the appropriate environmental review. 9. Any other accessory use deemed comparable in nature by the Development Services Director. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Malibu Lake PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public right -of -way, the setback is measured from the adjacent right -of -way line. 2. If the parcel is served by a private drive, the setback is measured from the back of curb or edge of pavement. (a) Carports are permitted within parking areas. (b) Garages are permitted at the edge of vehicular pavement. 11 AGENDA ITEM No. JUN 2 2 1999 I '. SO . TABLE RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE - FAMILY TWO- FAMILY MULTI - FAMILY & ALF Minimum Lot Area (per unit) 5,000 Sq. Ft. 3,500 Sq. Ft. NA for M/F & 0.45 FAR for ALF Minimum Lot Width 40' Interior Lots (1) 70' Interior Lots (1) NA Distance Between Structures (35')(2) Main /Principal 50' Comer Lots 80' Comer Lots NA 15' 2 -Story 15' (40')(2) 20' Front Yard Setback 20'(3) 20'(3) 20' Side Yard Setback 10' Maximum Height: 1 Story Both 5', or 0' & 10' Both 5', or 0' & 10' Greater of 7.5' or 1/2 BH 2 Story Both 7.5,or 0'& 15' Both 5', or 0' & 10' Greater of 10' or 1/2 BH 3 Story NA NA Greater of 12.5' or 1/2 BH Rear Yard Setback room = 1100 Sq. Ft. Principal Structure 20' 20' 20' Accessory Structure 10' 10' 10' PUD Boundary Setback Principal Structure NA (4) NA (4) 20'(6) Accessory Structure NA (5) NA (5) 10' Lake Setback (7) 20' 20' 20' Preserve Area Setback 25' 25' 25' Distance Between Structures Main /Principal 1 -Story 10' 10' 15' 2 -Story 15' 15' 20' 3 -Story NA NA 30' Accessory Structures 10' 10' 10' Maximum Height: 50' and 4 stories for ALF only Principal Building 35' and 2 stories 35' and 2 stories 40' and 3 stories Accessory Building 20' /Clubhouse 35' 20' /Clubhouse 35' 20' /Clubhouse 35' Minimum Floor Area 1200 Sq. Ft. 1100 Sq. Ft. 1 bedroom = 650 Sq.Ft. /2 bedroom = 900 Sq.Ft. /3-4 bed- room = 1100 Sq. Ft. (1) May be reduced on cul -de -sac lots. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2- family . structure is on an individually platted lot. (3) Fifteen feet for homes with side entry garages. (4) 50' for single - family and 75' for 2- family homes measured from the common boundary between the canal easement and the Eastern PUD Boundary. (5) Where applicable, 25' less than the principal structure. (6) Two -story or higher buildings shall have a minimum setback of 80' from the common boundary between the canal easement and the Eastern PUD Boundary. All principal buildings shall have a minimum setback of P for each l' of building height from any PUD Boundary. (7) Lake setbacks are measured from the gontrol elevation established for the lake. 12 pGMA 1TEM LY 2 2 1999 pg. B. Off - Street Parking and Loading Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. C. Open Space /Natural Habitat Preserve Area Requirements: 1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided within the residential portion of the PUD. 2. Each residential Site Development Plan submitted to Collier County shall demonstrate that development of the PUD is in compliance with the minimum sixty (60) per cent open space requirements. D. Landscaping and Buffering Requirements: 1. A berm, rock, wall, fence, or combination thereof may be provided by the developer adjacent to the Interstate 75 right -of -way. Such buffer may have occasional openings to provide glimpses of the project from Interstate 75. In order to maximize security and minimize impacts on existing trees, fences or walls may measure up to eight (8) feet in height of any berm/wall or berm/fence combination. 2. If landscape buffers are determined to be necessary adjacent to preserve areas, they shall be separate from the preserve areas. 3. If a Natural Habitat Preserve Area is shown along the northern boundary of the residential area, where it is adjacent to the commercial area on the PUD Master Plan, and the preserve area's vegetation meets the planting requirements of the normally required buffer, a buffer shall not be required in this area. E. Architectural Standards 1. All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences /walls to be erected on all of the subject parcels. Landscaping and streetscape 13 • sa �. J';J 21 1999 pg. -6�'-- -- � r materials shall also be similar in design throughout the project. Exclusive of single - family detached homes, all buildings shall be primarily finished in light subdued colors except for decorative trim. Within multi - family portions of the project all roofs, except for carports, shall be peaked and finished in tile, metal or architecturally - designed shingles (such as Timberline). Within any single- family portions of the project, all roofs shall be peaked and finished in tile, metal, or architecturally - designed shingles (such as Timberline). 2. All pole lighting, internal to the project, shall be: architectural - designed, limited to a height of thirty (30) feet, and similar architecturally to one of the lighting fixtures shown on Exhibits "C" or "D ". F. Si ns Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code, except as described in the following instances. 1. Up to two (2) ground or wall signs shall be permitted at each main entrance to the residential portion of the PUD and shall be located within the residential areas of the PUD. Such sign(s) shall contain only the name of the entire 141.56± -acre PUD residential project, names of individual communities within the PUD project, and insignia or mottos of the development. Such ground or wall sign(s) shall be similar architecturally to one of the signs shown in Exhibits "E" or "F" and architecturally compatible with the unified architectural theme of the entire PUD (as described in Section 3.4E. of this PUD Document). Said ground or wall sign(s) shall not exceed a combined area of sixty-four (64) square feet, and shall not exceed the height or length of the wall upon which it/they is /are located. 2. Two ground signs shall be permitted along the western PUD boundary. Such signs shall contain only the name of the entire 141.56± -acre PUD residential project and shall be architecturally compatible with the unified architectural theme of the PUD (as described in Section 3.4E. of this PUD Document). Exclusive of landscaping, such ground signs shall not exceed an area of twenty -four (24) square feet. 14 JUN 2 2 1999 Pg. s3 3. A residential identification and directional sign shall be permitted in the vicinity where Malibu Lake Drive intersects with the existing frontage road along Immokalee Road. Such sign shall contain only the name of the entire residential project, the names of the individual communities within the PUD, and directions to such. Such sign shall be architecturally compatible with the unified architectural theme of the PUD (as described in Section 3.4E. of this PUD Document) and shall not exceed an area of twenty -four (24) square feet. is T-6, JUN 2 2 1999 Pg +��- -- SECTION IV COMMERCIAL AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Commercial Areas as shown on Exhibit "A ", PUD Master Plan. 4.2 GENERAL DESCRIPTION Commercial areas designated on the PUD Master Plan are intended to provide commercial, warehouse, wholesale, and office uses. 4.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Amusement and Recreation Services (groups 7911, 7933, 7991). 2. Apparel and Accessory stores (groups 5611 - 5699). 3. Automotive Dealers (group 5511), Auto Supply Stores (group 5531), Convenience Food Stores with gas pumps (group 5411) and Gasoline Service Stations (Group 5541 Automobile Service Stations only, with services and repairs as described in Section 2.6.28 of the Collier County Land Development Code and excluding Truck Stops - Retail. Diesel pumps may only be provided for automobiles and trucks of 1 ton or less capacity.), Boat Dealers (5551) and Motorcycle Dealers (5571). 4. Auto Rental Services and Car Washes (groups 7514, 7515, 7542 only for automobiles and trucks /buses of 1 ton or less capacity). 5. Building Materials, Hardware, and Garden Supply (groups 5231- 5261). 6. Business Services (groups 7311, 7313, 7322 - 7338, 7361, 7371 - 7384). 16 AGENDA 11TO No. JUN 2 2 1999 7. Depository and Non - Depository Institutions (groups 6021 - 6199). 8. Eating Places (group 5812) and Drinking Places (group 5813 only cocktail lounges in conjunction with a restaurant.) 9. Educational Services (groups 8211 - 8249 no exterior instruction of motorized equipment, 8299). 10. Food Stores ( 5411, 5421, 5431 except roadside sales - 5499). 11. General Merchandise Stores (groups 5311 - 5399). 12. Health Services (groups 8011 - 8099). 13. Holding and Other Investment Offices (groups 6712 - 6799). 14. Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). 15. Hotels and Motels (group 7011). 16. Insurance Carriers, Agents, Brokers, and Services (groups 6311 - 6399, 6411). 17. Legal Services (group 8111). 18. Membership Organizations (groups 8611, 8621, 8641, 8661). 19. Miscellaneous Repair (groups 7622 - 7631). 20. Miscellaneous Retail (groups 5912, 5932 antiques only 5941 - 5949, 5992 - 5999 except auction rooms, monument and tombstone sales). 21. Movie Theaters (group 7832) and Video Tape Rental (group 7841). 22. Museums and Art Galleries (group 8412). 23. Personal Services (group 7212 Dry- cleaning and laundry pickup stations only 7215, 7217, 7219 - 7291, 7299 car title and tag service and tanning salon only). 17 JUN 2 2 1999 P9. M. 24. Professional Offices, Research, and Management Consulting Services (groups 8711 - 8748). 25. Public Administration (groups 9111 - 9661). 26. Real Estate Agents and Managers (groups 6512 - 6552). 27. Security and Commodity Dealers (groups 6211 - 6289). 28. Social Services (groups 8322 only adult day care services, counseling services, and senior citizens associations 8351). 29. Travel Agencies (group 4724). 30. Veterinary Services (group 0742 for household pets only and without any overnight boarding or outside kennels). 31. Warehousing (group 4225 but for self - storage only with no outdoor storage, no on -site maintenance /manufacturing, and buildings architecturally designed to look like office buildings for persons viewing the project from off - site.) 32. Any other commercial use or professional service which is comparable in nature with the foregoing uses. Accessory Uses: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. 2. Cocktail Lounge (group 5813, only in conjunction with Eating Places). 3. Caretaker's residence as described in Section 2.6.16 of the Land Development Code. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. Minimum Lot Width: 18 ^k%r_J vin 1 . — No. JUN 2 2 1999 1. A minimum of thirty (30) percent open space based on the gross area for the Commercial Areas of the PUD, as described in Section 2.6.32.3 of the Land Development Code. Buffering Requirements: (1) A twenty (20) foot wide Type "D" Buffer shall be provided along Immokalee Road, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. (2) A ten (10) foot wide Type "A" Buffer shall be provided along the western and eastern PUD boundaries, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. This Type "A" Buffer requirement may be waived by the Current Planning Staff where the site is simultaneously developed as a single project with the abutting Crestwood PUD to the west or Brentwood PUD to the east and cross - accesses are provided. (3) A fifteen (15) foot Buffer "B" shall be provided along the southern boundary of the Commercial Area. If a Natural Habitat Preserve Area is shown along the northern boundary of the abutting Residential Area on the PUD Master Plan, this buffer shall not be required as long as this preserve area meets the requirements of a Type "B" Buffer. J. Signs Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code. 20 JUN 2 2 1999 Pg. J 0 SECTION IV DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 5.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 21 MM-Mr-Mi JUN 2 2 1999 pg. '!5"? 5.4 5.5 5.6 SCHEDULE OF DEVELOPMENT /MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at the time of site plan submittal. The project is projected to be completed in two (2) or three (3) phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit application shall be sent to Collier County Development Services with the SDP submittal. B. A copy of the SFWMD Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. C. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. D. Lake setbacks from the perimeter of the PUD may be reduced to twenty - five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. E. A right -of -way permit from the Big Cypress Basin (SFWMD) shall be obtained for any impacts in the canal east of the property. 22 a JUN 2 2 1999 Pg.� 5.7 UTILITIES A. Water distribution, sewage collection and transmission and interim water and /or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88 -76, as amended, and other applicable County rules and regulations. B. Except on an interim basis, for structures such as sales /construction trailers and models, the project shall be required to hook -up to and utilize public water and sewer facilities. 5.8 TRAFFIC A. Where the project's traffic shall be utilizing 20th Avenue NW as an access, the developer shall be responsible for extending such roadway to the project site, including crossing the canal that is located just east of the site, prior to the issuance of any Certificates of Occupancy for the project. The developer shall also be responsible for providing a left -turn lane and a right -turn lane along Oakes Boulevard for traffic turning west onto 20th Avenue NW. B. All turn lane improvements committed to by the petitioner shall be in place prior to the issuance of any Certificates of Occupancy for the project. In addition, if, in the sole opinion of the County, the petitioner's construction traffic is shown to cause a safety or operational problem at the intersection of 20th Avenue NW and Oakes Boulevard, the County may require said turn lanes to be installed in advance of the petitioner's scheduled construction for the project. C. The applicant shall be responsible for the installation of arterial level street lighting at the project entrance. Such lighting shall be constructed so as to shield adjacent residential uses from glare and direct light spill. In addition, if the project's traffic is utilizing 20th Avenue NW as an access, street lighting levels at the intersection of 20th Avenue NW and Oakes Boulevard shall be augmented by the petitioner so as to be consistent with arterial standards. Such lighting improvements shall be in place prior to the issuance of any Certificates of Occupancy for the project that is utilizing 20th Avenue NW as an access. D. The project may be required to proceed in phases beyond 1999 if the Level of Services (LOS) of any roadway within the Radius of Development Impact (RDI) falls below the minimum standard set forth in the Growth 23 AGENDA ITE�h JUN 2 2 1999 Pg. Management Plan. The petitioner may, however, provide additional capacity, such as additional turn lanes at intersections or traffic signals, if warranted, in advance of when the County would otherwise have programmed any such improvement. 5.9 PLANNING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on- site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan /Construction Plan approval. C. All conservation areas shall be designated as conservation /preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.3.4 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation /preservation tracts or easements and dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. D. Buffers shall be provided around wetlands, extending at least fifteen (15) -- feet landward from the edge of wetland preserves in all places and 24 1 JUN 2 2 1999 averaging twenty -five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State. of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Staff. E. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation /preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Development Plan /Construction Plan approval. F. A minimum of 25 percent of the viable naturally functioning native vegetation on -site (Natural Habitat Preserve Area), including both the under -story and the ground cover emphasizing the largest contiguous area possible, shall be retained on -site, as described in Section 3.9.5.5.3 of the Land Development Code. Since the entire PUD is 150.15 acres and the existing lake is 15.30 acres, the 25 percent Natural Habitat Preserve Area would be a minimum of 33.71 acres, based on a vegetated area of 134.85 acres. Within the 8.59 -acre Commercial Area of the PUD a minimum total of 1.15 acres and 13.39% of this area shall be retained as Natural Habitat Preserve Area. 2. Within the Residential Area of the PUD a minimum total of 32.56 acres and 25.79% of its vegetated area shall be retained as Natural Habitat Preserve Area. 3. Each Site Development Plan submitted to Collier County shall demonstrate that development of the PUD will be in compliance with retaining at least 13.39% of the Commercial Area vegetated area or at least 25.79% of the Residential Area vegetated area. 25 AGENDA ITEM No. JUN 2 2 1999 Pg. 3 _ i i t i ddi t E Blax file 6 I I °x sell Pit iV "Ago t x AlE 2i�a ofg if;. 1 �F i s ;j g °4 iNpv all I I ea ijE9i 1 ER i yy 2 a Y C i 1 fill fit �E t t z I e a r a A P b ke z tolls m Y o I � ggp ii �t r OA— ENE i e � ,aar.o Ji a asrAa. � I a I i KUMM � T- ' � 3 i AREA It 1 ypq� I , ' ii 4 nAL 1 1 � I AREA i 3 I i l i R� i- ; 1 i 1 - -- td s ��a w 1aNiwaw I - 1 a�. N 2 2 1999 tti S 51 6 m � b b p rrrs f ICI rA 2 2 1999 Pg.� ,c "_llli q i a b .o 1% t Y A o c -fir I' t z, " E �l -7:WJN 2 2 1999 Pg. �O ,,• z; � a .r 3 -y � -' ,. �. - .- � fir .. t.. - J t - ,,,�•�` . , ,' 't. -' r ,tit+ '' .� � � = • _�._ _ _ �- — arm ! , i� i • f V 'a � � ' � ` �• � ,• �n�� � � ,� - -ta>• -. � . ter, 1 1.- . fit- ilk X jw + ' I Al" lo SO /ice J . l J rG,y oil •r_ , jAb 'ham • w' r _ r MEW All 12 m ................,}ry�:f�.+►'�1 Er sari 411 X' 11 ): -, ; `nr � F. ,� •�� -Sisi r E}MBIT "G" Parcel A: The E 1/2 of the W 1/2 of the NE 1/4 of the NE 1/4, Section 30, Township 48S, Range 26E, less portions previously deeded for S.R. 846 and I -75 right -of -way, Collier County, Florida. (Trustee Judge Monaco) Parcel B: The E 1/2 of the SW 1/4 of the NE 1 /4, Section 30, Township 48S, Range 26E, less portions conveyed for I -75 right -of -way and less portion lying West of I -75 right -of -way, Collier County, Florida. (Trustee William Hoover) Parcel C: The N 1/2 of the W 1/2 of the SE 1/4 of the NE 1/4 of Section 30, Township 48S, Range 26E, Collier County, Florida. (Trustee Dell Cook) Parcel D: The S 1/2 of the W 1/2 of the SE 1/4 of the NE 1/4 of Section 30, Township 48S, Range 26E, Collier County, Florida. (Trustee Dell Cook) Parcel E: All land lying East of I -75 in the E 1/2 of the NW 1/4 of the SE 1/4 of Section 30, Township 48S, Range 26E, Collier County, Florida. (Trustee Dell Cook) Parcel F: The W 1/2 of the NE 1/4 of the SE 1/4 of Section 30, Township 48S, Range 26E, Collier County, Florida. (Trustee Dell Cook) Parcel G: The N 1/2 of the E 1/2 of the NE 1/4 of SE 1/4 of Section 30, Township 48S, Range 26E, Collier County, Florida. (Trustee Dell Cook) Parcel H: The S 1/2 of the E 1/2 of the NE 1/4 of SE 1/4 of Section 30, Township 48S, Range 26E, Collier County, Florida. (Trustee William Hoover) Parcel I: That portion of the E 1/2 of the SW 1/4 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, lying East of Parcel 129 (I -75 right -of -way) as described in O.R. Book 986, Pages 1271 - 1273, of the Public Records of Collier County, Florida. (Property owners James and Rebecca Smith) Parcel J: The W 1/2 of the W 1/2 of the SE 1/4 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (Property owners David Rynders and William Hoover) Parcel K: The E 1/2 of the W 1/2 of the SE 1/4 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (Trustees Kenneth Bloom and Wayne Sykes) Parcel L: The E 1/2 of the SE 1/4 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (Trustees Kenneth Bloom and Wayne Sykes) Parcel M: The E 1/2 of the SE 1/4 of the NE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida (Trustees Joette Henry and Stephen P. He477- JUN 2 2 1999 Pg. EXECUTIVE SUMMARY PETITION NO. PUD -99 -6 DONALD W. ARNOLD, AICP, OF WILSON, MILLER, BARTON & PEEK, INC., REPRESENTING G.L. HOMES OF NAPLES ASSOCIATES, LTD., REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS RIGAS PUD FOR A MAXIMUM OF 725 RESIDENTIAL DWELLING UNITS AND A MAXIMUM OF 10,000 SQUARE FEET OF CONVENIENCE COMMERCIAL AND RECREATIONAL USES FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846), APPROXIMATELY 1 MILE EAST OF I -75 AND ONE MILE WEST OF C.R. 951, IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 232+/ - ACRES. OBJECTIVE: The petitioner seeks to have land described herein rezoned from its current zoning designation of Rural Agricultural, "A" to Planned Unit Development, "Rigas PUD" for the purposes of building a mixed use residential development consisting of 725 single family and multi - family dwelling units and 10,000 square feet of neighborhood commercial convenience and recreational uses on a vacant 232 acre site. CONSIDERATIONS: The applicant proposes to develop the property for a maximum of 725 single family and multi- family dwelling units at a density of 3.13 dwelling units per acre. The project will include a central recreation center that will provide for active recreational facilities for the residents, as well as convenience commercial and personal services. In addition to the central recreation center, multiple amenities will be provided on -site including an extensive interconnected lake system, walking /jogging trail system, internal parks, and nature preserves. Access to Rigas PUD will be provided from Immokalee Road. Access is also proposed from the future Logan Boulevard extension that abuts the property on a portion of its west side for which the property owner will dedicate up to 125 feet of land for future right -of -way. The site is located on the south side of Immokalee Road east of the intersection of I -75 and Immokalee Road and west of the intersection of Immokalee Road and CR -951 within the Mixed Use Urban Residential land use classification as shown on the Future Land Use Map. This petition purports to rezone this 232 +/- acre parcel from Agricultural, to Rigas PUD to allow mixed single family and multi - family residential and neighborhood commercial uses consistent with the Neighborhood Village Center subdistrict as described in the Future Land Use Element of the Growth Management Plan. Consistent with the Neighborhood Village Center subdistrict, the commercial uses will be combined with recreational facilities and will be conveniently located to serve residents of the PUD. The Village Center does not have independent ac rNol any roadway external to the PUD and is integrated into the PUD. Approximately 20 acr site will be developed for buffering and open space, 54 acres for lakes, 6.1 acres for the re 0 JUN 2 2 1999 recreation center, 24.4 acres of preserve, and 106 acres for residential land uses. Development Standards - The proposed development standards for the project are similar to the residential district zoning standards which most closely characterizes the uses authorized by this district. Building heights for multi - family structures are limited to 50 feet and all other residential structures are limited to 35 feet in height. The petitioner is requesting modifications to the Land Development Code as it pertains to signage. Specifically, the petitioner is requesting additional signage in the form of Boundary Markers. Boundary markers are similar to monument types of ground signage which will be located at property corners and may contain the name of the subdivision, and the insignia or motto of the development. The Land Development Code does not specifically address this type of signage, thus this type of signage will be in addition to the entry type of signage already permitted by the Code and described below. The petitioner is requesting a sign face area of 64 square feet maximum (per side) to be placed at the height of the monument upon which it is located, which in this case will be a maximum height of eight feet. The petitioner is also requesting a reduced setback from the right -of -way and property line. The Land Development Code requires a setback of 15 feet but the petitioner wishes to reduce the setback to 10 feet. The petitioner is also requesting additional signage in the form of Construction Entrance signage. Specifically, to allow one sign, a maximum of 20 square feet in size, at each construction entrance to identify the entrance. While the current code addresses construction signs, it does not reference construction entrance signs, therefore, this signage request will be in addition to signage already permitted by the Code. As mentioned above, entry signage is currently permitted by the Land Development Code, specifically, two ground or wall residential entrance or gate signs may be located at each entrance. The ground or wall signs shall not exceed a combined area of 64 square feet per entrance. The petitioner is requesting a sign with a face area for entrance signs of up to 80 square feet, with a maximum total sign face area at each entrance of 160 square feet. If the sign is a single, two sided sign then each sign face may not exceed 80 square feet in area. The petitioner is also requesting Temporary signage for Grand Openings not exceeding 32 square feet on a side and not exceeding 64 square feet total. The Land Development Code limits Grand Opening signage to 32 square feet per street frontage up to two streets. Permits for grand openings are restricted to two, two -week maximum time frames such that during any calendar year the sum total of all permits for such events does not exceed 28 days. The petitioner would like to display the sign for the first three months that the occupant is open for business. JUN 2 2 1999 Pg.__gL____- FISCAL IMPACT: This PUD by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. Current Agricultural Zoning District Proposed PUD Commercial 232 acres / 1 sf du per 5 acres = 46 sf du 6 acres developed with 10,000 sq ft 46 s.f. x $578.00 (parks) = $26,588.00 F.A. /1,000 x $5,000 (road) _ $50,000.00 46 s.f. x $180.52 (library) = $8,304.00 F.A. x 0.30 (fire) _ $3,000.00 46 s.f. x .15 x 1000 sq ft (fire) = $6,900.00 F.A. x 0.005 (radon gas) _ $50.00 46 s.f. x $1,778 (schools) = $81,788.00 F.A. x 0.005 (bldg code) _ $50.00 46 s.f. x $1,379 (roads) = $63,434.00 F.A. /1,000 x $250.00 (EMS) = $2,500.00 46 s.f. x .005 x 1,000 (radon) = $230.00 Total 725 s.f. du generate = 46 s.f. x .005 x 1,000 (bldg code) _ $230.00 $2,965,989.50 46 s.f. x $1.50 (microfilm) = $69.00 46 s.f. x 14.00 (EMS) = $644.00 Total 46 s.f. du generate= $188,187.00 Total 10,000 sq ft comm = $55,600.00 $3,625.00 Proposed PUD Residential (assume all single family development) 232 acres / 3.13 du per acre = 725 sf du 725 s.f. x $578.00 (parks) = $419,050.00 725 s.f. x.005 x 1,000 (bldg code) _ $3,625.00 725 s.f. x $180.52 (library) = $130,877.00 725 s.f. x $1.50 (microfilm) = $1,087.50 725 s.f. x .15 x 1000 sq ft (fire) = 725 s.f. x 14.00 (EMS) _ $10,150.00 $ 108,750.00 725 s.f. x $1,778 (schools) = Total 725 s.f. du generate = $1,289,050.00 $2,965,989.50 725 s.f. x $1,379 (roads) _ $999,775.00 725 s.f. x.005 x 1,000 (radon) _ $3,625.00 Development of the site for a mixed use residential and neighborhood commercial, should the site be rezoned to PUD and developed with 10,000 square feet of neighborhood commercial, and 725 single family dwelling units will generate approximately $2,833,402.50 more in impact fees than if the site was developed for single family residential /agricultural use as presently zoned. AGENDA ITEM No.-Za�-3 JUN 2 2 1999 Pg. 3 GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. The rezoning request is consistent with the applicable elements of the Growth Management Plan and will not have a negative impact on adopted level of service standards. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical /Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: At a public hearing held on June 3, 1999 the CCPC voted 7 -1 to forward PUD 99 -6 to the Board of County Commissioners with a recommendation for approval subject to the following stipulations: 1. Development abutting the site's eastern boundary between the cul -de -sac located on the adjacent property to the east to the beginning of the subject site's preserve area shall be limited to single family residential. The landscape buffer in this area shall be at least fifteen (15) feet wide, -- with required trees planted no more than twenty (20) feet on center. 2. The primary project entry road and loop road system shall have a minimum eight (8) wide pathway on one side of the street. 3. Cul -de -sacs and private streets less than 300 feet shall not be required to provide sidewalks. 4. For entrance signs, the sign face area shall not exceed 80 square feet, as described in the PUD document. 5. The petitioner shall revise the PUD Master Plan to show a pedestrian/golf car interconnect with the Heritage Greens development abutting the subject site to the east. 6. Internal signage for directional or identification signs which are clustered together or combined to form a menu board shall be limited to a maximum area of twenty -four (24) square feet. 7. The petitioner shall revise the PUD document to incorporate architectural design standards similar to the standard policy language of G.L.Homes, which restricts building type and color. -- This petition was not scheduled on the summary agenda for the following reasons: The petition did not receive a unanimous vote of approval from the Planning Commission and speak E EM � IT present at the meeting who spoke in opposition to aspects of the project. The dissenting flanr4g /� JUN 2 2 1999 pg. 7 Commission member did not approve the project because the PUD document provided for exceptions to the Land Development Code's sidewalk requirements. Specifically, the PUD document calls for sidewalks to be located on one side of the entry road, eight feet in width, rather than two sides, five feet in width as required by code. Additionally, cul -de -sacs and private streets less than 300 feet in length shall not be required to provide sidewalks in the PUD, although the Code requires sidewalks on both sides of the street, regardless of the length. Members of the public who spoke about the petition at the CCPC public hearing requested a continuance in order to have time to resolve additional issues with the petitioner, however, they failed to specifically identify those issues. It is staff s understanding that some the residents of the Heritage Greens development (adjacent to the site to the east) were concerned over adequate buffering between the projects and the type of housing adjacent to their western property boundary. The petitioner agreed on the record, and the PUD document has been subsequently revised, to provide for an additional five feet of landscape buffer resulting in a fifteen foot wide landscape buffer with trees planted 20 feet on center. Additionally, the petitioner has agreed to limit the housing type to detached single family residential along the subject site's eastern boundary from the maintenance facility on Heritage Greens to the Preserve area of the subject site. Both staff and the Planning Commission members support these stipulations and feel they provide more than adequate buffering between the sites, especially in light of the fact that given these stipulations and the layout of the development at Heritage Greens, that there will be over 300 feet of separation between structures on both sites. That 300 + foot wide separation includes a vegetated 25 foot wide landscape buffer, plus a golf course approximately 275 feet wide, which abuts the rear of the single family homes on the western side of the Heritage Greens development. Other than the concerns raised by Heritage Greens homeowners at the Planning Commission meeting, staff does not have a clear understanding of what their additional concerns may include. JUN 2 2 1999 Pg. 1-51, PREPARED BY: /SUSAN MURRAY, AICP CHIEF PLANNER REVIEWED BY: 1 R ALD F. ' , AI , ANAGER CURRENT PLANNING SECTION R BERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES APPROYED BY: DATE G- lc DATE �'-- // -fs DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUD -99 -6 Rigas PUD This petition has been tentatively scheduled for the June 22, 1999 Board of County Commissioners Public Hearing. 27 SIGN 2 2 1999 pa•__JCL --- AGENDA ITEM 7 -H MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: MAY 17, 1999 RE: PETITION NO: PUD -99 -6 RIGAS PUD OWNER/AGENT: Agent: Mr. Donald W. Arnold, AICP Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Owner: G.E. Homes of Naples Associates, Ltd.(Contract Purchaser and part owner) 1401 University Drive, Suite 200 Coral Springs, FL 33071 REQUESTED ACTION: The petitioner seeks to have land described herein rezoned from its current zoning designation of "A" Agricultural to "PUD" Planned Unit Development for the purposes of developing a residential development on 232 +1 - acres, providing for development tracts consisting of single family and multi - family development areas, a commercial/recreation area, preserve and lake areas and street right -of way. GEOGRAPHIC LOCATION: The subject site is located within Section 28, Township 48 South, Range 26 East, approximately 1.25 miles east of I -75 and one mile west of C.R. 951, on the south side of Immokalee Road. PURPOSE/DESCRIPTION OF PROJECT: The applicant proposes to develop the property for a maximum of 725 single family and multi- family dwelling units at a density of 3.13 dwelling units per acre. The project will include a central recreation center that will provide for active recreational facilities for the residents, as well as convenience commercial and personal services. In addition to the central recreefion AGENDA ITW center, multiple amenities will be provided on -site including an extensive interconnectf d lak�g, -L 1 J U. i 2 2 1999 1 PB.__2_' 1 \ � —2 # . Ik I$ Iol � O � � � P-9 _CA � m � � � N — ----------- —� - - -�� -- - - - -- - -- -- , " �■ q A _ _OOLF ._mom � 9 _�� ! '§ ■ ° B 7 & ■j� q !f� � �§ `� � �q � K ° ■ a _ __ ��| gym| 2 � ■| k , . t 2 2 §� MOOR 2 § 2 , . n / r \ ° ~ � ; § , �j | . N — system, walking/jogging trails system, internal parks, and nature preserves. Access to Rigas PUD will be provided from Immokalee Road. Access is also proposed from the future Logan Boulevard extension that abuts the property on the west side for which the property owner will dedicate 125 feet of land for future right -of -way. SURROUNDING LAND USE AND ZONING: Existing: A portion of the subject property is currently used for active agricultural uses. The remaining portions are heavily vegetated. The site presently has an Agriculture (A) zoning designation. Surrounding: North - Immokalee Road ROW South - Island Walk PUD; vacant East - Heritage Greens PUD; golf course and single family residential West - Future Logan Boulevard ROW; Estates zoning, single family residential GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Urban Mixed Use Residential Land Use classification as designated area on the County's Future Land Use Map. Urban Residential Mixed Use is inclusive of a variety of residential land uses including single family, multi - family, duplex, mobile home and mixed use (Planned Unit Development). The subject petition is for a mixed use residential PUD, for single family and multifamily land uses, which are authorized uses of land in the urban residentially designated area of the Future Land Use Element (FLUE), therefore, it is consistent with the FLUE. Consistency with other applicable elements of the Growth Management Plan (GMP) is as follows: Land Use Residential Density: The projected density of 3.19 dwelling units per acre is consistent with the density rating system contained in the FLUE and is based on the following relationships to the required criteria: Base Density +4 dwelling units /acre Proposed access to two arterial or collector roadways +l dwelling units /acre The PUD Neighborhood Village Center Subdistrict allows for small -scale retail, offices, and service facilities to serve the daily needs of the residents of a PUD. The Neighborhood Village Center uses may be combined with recreational facilities or other amenities of the PUD and shall be conveniently located to serve the PUD. Lands surrounding the subject site are deve pe (I lG pAITO No. 1C' M 2 JUN 2 2 1999 Pg. - comparable densities which range from 1 unit per 2 1/4 acres (Estates), 2.11 dwelling units per acre for Heritage Greens PUD and 3.04 dwelling units per acre for Island Walk PUD Traffic Circulation Element - The subject site's generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Immokalee Road after trip adjustments and assignments are made. However, the site generated trips will not create a concurrency problem because the project trips do not lower the overall road capacity below any adopted LOS "D" standard. The TCE lists CR- 846 as a 2 -lane arterial road fronting the project. The current traffic count for this road segment is 20,661 PSDT and is operating at an unacceptable level of service (LOS "F "). Since this segment from I -75 to CR -951 is scheduled to be improved to 4 lanes prior to the buildout of this project which is expected to occur in 2004 -5, the level of service will return to an acceptable standard at that time. Therefore, this petition complies with Policy 1.3 and 1.4 of the TCE. The Peak Season Daily Traffic was based on the Peak/Annual Ratio as shown in the County's Transportation Planning Database. All roadway segments within the project's RDI are projected to operate at an acceptable level of service at the projected build -out of the project. The proposed access point from the project to Logan Boulevard likely will not be constructed until the Logan Boulevard extension is completed. Presently, the construction of this segment of Logan Boulevard is not funded within the FY 97 to FY 01 Capital Improvement Plan. In fact, this section of Logan Boulevard from Vanderbilt Beach Road to Immokalee Road is shown on the Interim Year 2020 Financially- Feasible Plan in the TCE. Nevertheless, the petition complies with policies 1.3, 5. 1, 5.2, 7.2 and 7.3 of the Traffic Circulation Element (TCE). The ITE Trip Generation Manual indicates that the proposed development will generate approximately 5,510 AADT trips at buildout. The site is bounded by the Heritage Greens PUD to the east and the Island Walk DRI to the south. The Heritage Greens PUD is a mixed single family /multi - family golf course development whose only access is from Immokalee Road. The Heritage Greens PUD was approved with an indication on the PUD Master Plan for the potential for an interconnection to the subject site. As the Heritage Greens development is currently platted, this interconnection location if built in the location approved,. would traverse the existing golf course. The potential for the subject site to interconnect with Heritage Greens exists especially along the southeastern portion of the subject site where an existing cul -de -sac within the Heritage Greens PUD abuts the subject site's eastern boundary. This scenario would require an insubstantial change to the Heritage Greens PUD Master Plan to show the new location of the access point. It is important to note that an interconnection with Heritage Greens will have the affect of violating the integrity of the gated community concept that Heritage Greens has established, as well as the gated community concept of the subject project. Although this should not be a determining factor in evaluating the merits of interconnection, it is important to evaluate the benefits received from such an interconnection and their effects on the surrounding roadway network. Interconnection of projects wherever possible is encouraged by the Traffic Circulation Element of the Growth -^ Management Plan. Interconnection at this site with the neighboring property to the east is possible and from a traffic circulation standpoint stands to benefit the residents of He AGENDA ITEM No. 3 N 2 2 1999 Pg._ /_� 0______ Greens rather than residents of the subject site. Specifically, because the Heritage Greens residents, when the Logan Boulevard intersection with Immokalee Road is built, will have access through the subject site to a future signalized intersection at Immokalee Road. However, it is staffs understanding that the Heritage Green's PUD has the potential to have a full median opening and possibly a traffic signal at their entrance onto Immokalee Road. So the benefit of having access to Immokalee Road via a signalized intersection through the subject site may not be necessary. It appears that the benefit to the residents of Heritage Greens will be that they can access Logan Boulevard through the subject site and head in a southerly direction without having to first get on to h=okalee Road. The project to the south, the Island Walk DRI, also will have access to the future Logan Boulevard. Providing interconnection between the subject site and this project to the south is not feasible and will be of minimal benefit. The preliminary subdivision plat for this portion of Island Walk indicates that residential land uses abut the southern property boundary of the subject site and interconnection between the project will be difficult to obtain due to the proposed layout of the site. Additionally, since both projects will have access to Logan Boulevard, motorists really are receiving little to no benefit via an interconnection, which will allow drivers to traverse through residential neighborhoods in order to head in a southerly direction. The residents of both projects will have that ability through their individual access points located off of Logan Boulevard. In summary, due to the proposed access point locations of the subject site, planned roadway construction, signalization and planned median openings, and given the existing and planned development on sites to the east and south, an interconnection between the subject site and developments to the east and south will serve of minimal benefit to residents of all three projects. Other Applicable Element (s) - Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure and/or the extension of available public utilities is required, these will be mandated at the time of approval of the required site development plan and/or subdividing if necessary. HISTORIC /ARCHAEOLOGICAL IMPACT: Staff s analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible for the above referenced areas of critical concern has reviewed the subject petition. This primarily includes a review by the Community Developm AFEDA ITEM environmental and engineering staff, and the Transportation Services Division staff. I' N 2 2 1999 4 ��// This petition was administratively reviewed on behalf of the EAB and staff recommended approval subject to conditions, which have been incorporated into the attached ordinance. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5. and Section 2.7.3.2.5. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non- compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision - makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. The subject property is located within the Urban Residential Mixed use subdistrict future land use classification as depicted on the Future Land Use Map of the Collier County Growth Management Plan. A portion of the site is presently used for agricultural purposes and the remaining portions are vegetated. The PUD document indicates the proposed development plan for the 232 -acre site is for single family and multi - family development with customary accessory uses such as common facilities for recreational uses and open space. Additionally, via th PUDkGMA ITEM Neighborhood Village Subdistrict provision in the Future Land Use Element, a 6.1 acre0.1 1 5 JUN 2 2 1999 Pg.� Recreation Center will be combined with convenience commercial land uses providing low intensity service type of commercial land uses for use by the residents of the development. Residential development on the site is planned to occur within approximately six (6) development tracts throughout the site surrounding a variety of lakes and a vegetated preserve area. The residential development areas are primarily located along the boundaries of the site, and internal to the site surrounding a large lake. The preserve area is located adjacent to Immokalee Road and to the south for a depth of approximately 2,200 feet. The maximum building height is limited to 35 feet for single family dwellings and 50 feet for multiple family dwellings. The maximum height for structures in the Recreation area is 50 feet. Access to the site is proposed from Immokalee Road and the future Logan Boulevard extension. On -site circulation functions primarily in a looped or circular pattern throughout the development. The entrance from Immokalee Road leads through a preserve area to the east and west of the proposed north/south entry road. The project will dedicate approximately 125 feet in width of land along its western boundary for the future extension of Logan Boulevard and land 50 feet in width along Immokalee Road to accommodate the programmed Immokalee Road 4- laving improvements. The applicant proposes to architecturally unify the structures, signage and landscaping throughout the project. With respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the Collier County Growth Management Plan and is therefore compatible with other approved Planned! Unit Developments within the area. Traffic: The ITE Trip Generation Manual indicates that this petition will generate approximately 5,510 AADT trips at build -out. With the programmed Immokalee Road 4- laning, this project meets the County's concurrency requirement and is consistent with Policies 1.3, 1.4, 5.1, 5.2, and 7.3. From a planning and traffic safety standpoint, the proposed access point onto Immokalee Road is limited to right - in/right -out and left -in. Without the benefit of another access point (until the Logan Boulevard extension is built adjacent to the site) considerable operational problems on Immokalee Road, especially during the AM peak hour, is highly probable. The potential for requirements for U -turns since left turn out capability is not available will cause safety hazards on Immokalee Road. Staff has crafted a stipulation, which limits the number of dwelling units that can be built until the Logan Boulevard extension is constructed. This limitation should alleviate the volume of traffic generated from the site. As an option, the developer may wish to construct a portion of the Logan Boulevard extension, thus alleviating the need for the limit on the number of dwelling units and reducing the safety and operational concerns on Immokalee Road. Otherwise, the access points as proposed should operate adequately subject to any required engineering modifications and the Collier County Access Management Plan. The final geometry and design of the access will be reviewed at the time of Preliminary Site Development Plan (SDP) and/or Preliminary Subdivision Plat (PSP) review. The GMP consistency review indicates that approval of this petition is consistent with the TCE. 0 TUUC%;§ MA IIUM No. / J y 2 2 1999 pg. f Utility Infrastructure: The project site will be served by a full range of services and utilities provided by Collier County. All development must comply with surface water management requirements invoked at the time of site development plan approval. Community Infrastructure and Services: The project site is located 1.25 miles east of the Activity Center located at Immokalee Road and I -75. The subject property has convenient access to a wide range of community infrastructure, which is enhanced by its proximity to the aforementioned activity center. Shopping centers, business offices and medical offices are all or in the future will be within a short driving distance. Summary: Based on the above analysis, the following conclusions can be reached from the staff report: 1. The proposed rezoning of the subject property from Agricultural to PUD, and the PUD development strategy for single family and multifamily residential development and related facilities is consistent with the FLUE of the GMP. 2. The proposed density of development and development regulations are consistent with those authorized in the GMP's density rating system for projects located in the Urban Mixed Use Future Land Use classification and similar to the density of development for neighboring PUD's. 3. All other pertinent elements of the GMP were reviewed and the methods for achieving consistency are made a part of the PUD regulations or otherwise achieved by the PUD Master Plan. 4. Findings related to the application to rezone to PUD and the development standards specified in the PUD document and Master Plan support a recommendation of approval and compatibility with adjacent land uses at a density of 3.13 dwelling units per acre. Future commercial development within the nearby Activity Center, and the Neighborhood Commercial area within the development will provide convenient commercial opportunities to the residents of this development. STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition PUD -99 -6, Rigas PUD with the following stipulations: r'^ Amend the following sections of the PUD document to read as follows: AGENDA ITEM No.� 7 JU J 2 2 1999 Pg.— 1. Remove #2 under Section 2.4 under the heading 3.2.8.3.17. Sidewalks, bike lanes and bike paths. Reason: The Land Development Code requires sidewalks on both sides of the street at least five (5) feet in width. 2. Remove #3 Cul -de -sacs and private streets less than 300 feet shall not be required to provide sidewalks. Reason: The Land Development Code requires sidewalks on both sides of the street at least five (5) feet in width. 3. Section 3.5 Development Standards, F., shall be amended as follows: During the lam ttin process, the developer shall identify the specific housing type intended for each platted tract. 4. Section 3.5, Table 1, Development Standards, *6 shall be amended as follows: Zero foot (0') or a minimum of five feet (5) on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a ten foot (10') yard. Zero foot (0) yards may be used on bet# either sides -of a structure provided that the opposite ten foot (10') yard is provided. Patios, pools and screen enclosures may encroach into the 10' yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used a conceptual site plan for all of the lots platted for patio and zero lot line shall be submitted to the Customer Service Section of the Building Review and Permitting Department with the application for the first building permit. This plan will be used to determine the ten (10) foot spacing requirement between principal and accessory structures. 5. Section 6.5 Water Management, add the following per staff s previous comments: D. The Public Works Engineering Department and the Collier County Stormwater Management Department shall review and approve the project's Water Management System for compliance with the Harvey Drainage Basin. Section 6.7, Transportation, amend the following: 6. A. The developer will provide for a reservation of land up to 125 feet in width along that portion of the project that abuts the future Logan Boulevard corridor. Any required landscape buffer for the development shall be located outside the limits of said 125 -foot reservation. If dedicated to the County, dedication of this land shall occur within 120 days of any request to the developer from the County. B. The developer will provide for a reservation of land of 50 feet in width along the northern property boundary to accommodate the programmed Immokalee Road 4- laning improvements. Dedication of this land to Collier County shall be in conjunction with final subdivision plat approval of the first phase of development or within 120 days of any request to the developer from the County, whichever is earlier. In the even the land is donated to the County, the developer wi4 may be eligible for impact fee credits as permitted by the Road _ Impact Fee Ordinance. A i3A ITE 2 1999 Pg. C. The PUD Master Plan depicts a conceptual access location to Logan Boulevard. The ultimate access location to Logan Boulevard shall be coordinated with the Collier County Transportation Services Department and shall be consistent with the Collier County Access Management Policy, Resolution 92 -422, as may be amended. Section 6.7, Transportation, Add the following : G. The developer shall dedicate required land up to twelve feet in width for a right turn lane from Immokalee Road. The Developer shall dedicate this land as part of the Immokalee Road right -of -way and the dedication shall not be eligible for impact fee credits. Dedication of the land to Collier County shall be in conjunction with final subdivision plat approval or within 180 days of any request to the developer from the County. H. Until such time as the Logan Boulevard access point is available for use by residents of the project, the maximum number of dwelling units permitted with access solely via Immokalee Road (C.R. 846) shall be 300 dwelling units. I. The Developer, his heirs, successors or assigns shall provide a fair share contribution toward the capital cost of a traffic signal at the intersection of Logan Boulevard and Immokalee Road when deemed warranted by the Collier County Transportation Department. The signal will be owned, operated and maintained by Collier County. 7. Section 2.11, Landscape Buffers, Berms, Fences and Walls, amend the following: C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Rigas PUD boundary prior to preliminary subdivision plat and site development plan submittal, however, the required landscape plans shall be submitted to the Planning Services Department for their review and approval prior to installation. G. Remove. Landscape buffers are not permitted within areas reserved for future right -of- way and this regulation conflicts with Section 6.7.A. 8. Section 2.19, Signage. Note: The petitioner is requesting deviations from the sign regulations for a substantial variety of types of signage. Overall, staff will not support deviations from the sign code in the absence of significant hardship. Section 2.5.5.2.4.7. of the LDC encourages creative, flexible and uniform comprehensive sign plans providing for size, location, type, and common architectural design standards. Sign classes and size for PUD's should be the same as the standards found within the LDC for the zoning district the development most closely resembles. In accordance with the above referenced section, staff recommends the petitioner submit a unified sign plan for review and approval at this time or as part of a subsequent PUD amendment in order to provide clearly defined regulations and standards pertalning 40MA ITEM signage. rlo•' /�C� )3 2 2 1999 9 // PB• Pursuant to the above statement staff recommends the following: 1. Section 2.19 Signage, B. Boundary Markers - approve as written. Reason: the LDC fails to adequately address boundary markers. The regulations as proposed by the petitioner are reasonable and compatible with the area. 2. C. Entrance Signs 1. No change. The Code allows two ground or wall residential entrance or gate signs at each entrance to a single family or multi - family development. This has been interpreted to include entrances to individual subdivisions within a larger project. 2. Amend the square footage to be consistent with the current LDC requirements. The Code allows ground or wall signs up to a combined area of 64 square feet. 3. Amend the setback to be 15 feet as required by the LDC. 4. Amend the measurement of the height of signs located on walls or monument, which are constructed on a perimeter landscape berm to be the same height and measured the same as entrance signs not located on berms. 3. D. Temporary Signs 1 - 6. Amend these sections to be consistent with the definitions and regulations as defined in the LDC. Reason: The LDC defines temporary signs as Political signs, grand opening signs and special events signs. Specifically the LDC defines temporary signs as a sign intended to advertise community or civic projects or other special events on a temporary basis. Project identification, real estate and boundary marker signs are not considered temporary and are addressed in other sections of the LDC. The LDC specifies specific sizes for various types of temporary signs. 4. E. Construction Entrance Signs. Staff feels this section should remain as written. The LDC does not address specifically construction entrance signs. Identifying construction entrances could reduce conflicts between residents of the development and heavy trucks delivering materials to the project under construction. 5. F.1. Internal Signs. Amend to be consistent with the LDC. The LDC allows clustered signs at a maximum of 24 square feet in area for these types of signs. 2. Remove. Already permitted by LDC. 3.Remove. Already permitted by LDC. 6. G. Recreation Center Signs. Amend as follows: 1. Signs within the recreation center shall be required to adhere to provisions of the Collier County LDC, Division 2.5, Signs, unless a unified signage plan is submitted and approved by the Planning Services Department Director at the time of final site development plan approval.... . AGENDA ITEM to I JUN 2 2 1999 Pg PREPARED BY: SAN MURRAY, AICP CHIEF PLANNER CURRENT PLANNING MANAGER R BER J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR AP VED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. & ENVIRONMENTAL SVCS. DIV. Petition Number: PL D -99 -6 Staff Report for June 3, 1999 CCPC Meeting DATE 5, � I. �� DATE DATE S — 7-) DATE NOTE: This Petition has been tentatively scheduled for the June 22, 1999 BCC meeting. COLLIER COUNTY PL A ISSION: MIC J. BRUET, CHAIRPERSON 11 AGENDA ITEM No.Iz2a,3 JUN 2 2 1999 pg. REZONE FINDINGS FOR PETITION PUD # 99 -6 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan. Pro /Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the goals, objectives and policies of the Future Land Use Element of the Growth Management Plan for Collier County, and all other elements, their objectives and policies. 2. The existing land use pattern; Pro /Con: Evaluation not applicable. Summary Findings. Existing: Portions of the subject site are in agricultural production and the entire site has an Agricultural (A) zoning designation. The remaining portions are heavily vegetated. The site presently has an Agriculture (A) zoning designation. Surrounding: North - Immokalee Road ROW South - Island Walk PUD; vacant East - Heritage Greens PUD; Golf Course, Single family /multi - family West - Future Logan Boulevard ROW; Agricultural/Estates zoning - scattered single family residential development. The current Agricultural "A" zoning designation allows for development of single fami IN residential dwelling units at a density of one (1) dwelling unit per five (5) acres. AGENDA R Surrounding the subject site to the south and east is existing single family and multipl NO'- JUN 2 2 1999 12 / Pg._l2_ /111.. family residential development generally developed at densities between 2.11 and 3.04 dwelling units per acre. 3. The possibility creating of an isolated district unrelated to adjacent and nearby districts; Pro /Con: Evaluation not applicable. Summary Findings: The site is adjacent to residential development to the south, east and west. The proximity to adjacent developments justify a rezoning action to PUD for residential purposes. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro /Con: Evaluation not applicable. Summary Findings: The district boundaries are logically drawn. They allow for the dedication of right -of -way for the future Logan Boulevard extension, the Immokalee Road widening and preservation of an existing environmentally sensitive land on site. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro /Con: Evaluation not applicable. Summary Findings: The proposed change is appropriately based on the existing conditions of the property and because it is consistent with the Future Land Use Element of the Collier County Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed rezoning is a logical extension of the similarly zoned parcels to the south and east. Con:. None. Summary Findings: The proposed zoning amendment will not adversely affect living conditions in the neighborhood due to the similar nature of the surrounding development. AGENDA 13 1 .JUN 2 2 1999 Pg. 1�20 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) The proposed development of the subject property is consistent with the provisions of the Traffic Circulation Element of the Growth Management Plan, therefore the additional traffic generated by the proposed development should not adversely affect the level of service standards on adjacent public roads. (ii) Access to the subject property is by way of two arterial/collector roadways. Immokalee Road and the future Logan Boulevard extension. Con: Although the current level of service deficiency on Immokalee Road will be ameliorated by the programmed widening to 4 -lanes, the sites intersection with Immokalee Road and the restricted turning movements may cause operational problems and traffic conflicts with residents of this project and drivers on Immokalee Road. The Logan Boulevard extension is far from being developed, as it is presently shown on the 2020 Financially Feasible Plan in the Traffic Circulation Element. The future signalized intersection at Logan Boulevard and Immokalee Road allow residents of the site full turning movements onto Immokalee Road. Summary Findings: Level of service problems with Immokalee Road should be ameliorated by the programmed 4- laning of Immokalee Road prior to the buildout of this project. However, the limited turning movements from the site onto Immokalee Road may cause operational and safety problems for motorists. Staff has crafted stipulations, which should help alleviate this potential problem until the Logan Boulevard extension is built. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent. In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem; Pro: Water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: Urban intensification always poses a threat for area -wide flooding under the most severe rainfall event, unless countywide drainage improvements are made commensurate with urban intensification. Summary Findings: Every project approved in Collier County involving the util' GSNDA ITEM of land for some land use activity is scrutinized and required to mitigate all sub-s acesi- a i 14 ; d 2 2 1999 drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area -wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro /Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and other apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Urban-intensification typically increases the value of adjacent vacant or underutilized land. Con: None. Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by many factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro /Con: Evaluation not applicable. Summary Findings- Application of the development standards found in the Land Development Code combined with the administrative site development plan approval process, should give reasonable assurance that the proposed change in zoning will not deter the future improvement or development of adjacent property. AGENDA ITEM 2 2 1999 15 1 PB• '11�_ 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro /Con: Evaluation not applicable. Summary Findings: Since consistency with the Future Land Use Element as part of the County's Growth Management Plan is deemed to be in the public's interest, and because the proposed rezoning action and subsequent development complies with the Growth Management Plan, then the proposal can be deemed not to constitute a special privilege and in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro /Con: Evaluation not applicable. Summary Findings: The subject property is not undevelopable under its current zoning designation. Surrounding properties south and east of the site are already developed with land uses which are similarly intensive. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro /Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Future Land Use Element of the County's Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro /Con: Evaluation not applicable. Summary Findings: This is a special purpose petition which involves establishing a density not otherwise available in an existing Agricultural zoning district. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro /Con: Evaluation not applicable. 16 AGENDA ITEM JUN 2 2 1999 Pg. O''' Summary Findings: The extent of site alteration will be determined as a function of obtaining Site Development Plan approval which will be necessary to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth management Plan as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro /Con: Application not applicable. Summary Findings: Sanitary sewers and municipal water utilities are available to serve the development. Review by jurisdictional staff for consistency evaluation with GMP required levels of service advise that there is no deficiency. 17 AGENDA ITEM N0• Z. gLZ, 2 2 1999 FINDINGS FOR PUD PUD -99 -6 Section 2.7.3.2.5. of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) The subject site is located adjacent to existing residential development to the east, west and south. (ii) The subsequent development of the site will provide a logical extension of residential development consistent with surrounding development. Con: (i) None. Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff and the CCPC. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro /Con: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. AGENDA ITEM NO. is 1 JUN 2 2 1999 Pg. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro /Con: Evaluation not applicable. Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. The subject property is designated Mixed Use Urban Residential on the FLUE to the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro /Con: Evaluation not applicable. Finding: The PUD Master Plan has been designed to optimize internal land use relationships. External relationships are regulated by the Land Development Code to help assure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro /Con: Evaluation not applicable. Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro /Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that future LOS degradation is not allowed or the LOS deficiency is corrected. See Finding No. 1, also applicable for this finding. AGENDA ITEM Na� 19 JUN 2 2 1999 Pg.� 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro /Con: Evaluation not applicable. Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal systems, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro /Con: Evaluation not applicable. Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for similar residential structures. 20 AGENDA ITEM No. JUN 2 2 1999 Pg•� PUD 99- 46 v w Petition Number Date APPLICATION FOR PUBLIC HEARING FOR REZONE AND CONDITIONAL USE REQUESTS LAR M PUBLIC HEARING BEFORE COLLIER COUNTY COMMUNI TY DEVELOPMENT DIVISION 99 PLANNING SERVICES 1. Name of Applicant(s): G.L. Homes of Naples Associates, Ltd. Applicant's Mailing Address: 1401 University Drive, Suite 200 City: Coral Springs State: FL Zip: 33071 Applicant's Telephone Number: Phone: (954) 753 -1730 Fax: (954)7534509 Is the Applicant the owner of the subject property? [] Yes ® No a) If applicant is a land trust, so indicate and name beneficiaries below. If applicant is a corporation other than a public corporation, so indicate b) and name officers and major stockholders below. If applicant is a partnership, limited partnership or other business entity, so c) indicate and name principals below. If applicant is an owner, indicate exactly as recorded, and list all other d) owners, if any. If applicant is a lessee, attach copy of lease, and indicate actual owners if e) not indicated on the lease. If applicant is a contract purchaser, attach copy of contract, and indicate X f) actual owner(s) name and address below. Please see attached Exhibit "A", Legal Description and Property Ownership (If space is inadequate, attach on separate page.) 2. Name of Agent: Donald W. Arnold, AICP Firm: Wilson, Miller, Barton & Peek, Inc. Agents Mailing Address: 3200 Bailey Lane, Suite 200 City: Naples State: FL Zip: 34105 Agent's Telephone Number: (941) 6494040 _ ,0 JUN 2 2 1999 31I7/995 ,W Vc 011- WARNOLD - 1 " Pg._C2L_ 03166-0004)00- E G(' 0.197 J 2 3. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd - shaped, submit copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION: 28 TOWNSHIP: 48 South RANGE: 26 East Please see attached Exhibit "A," Legal Description and Property Ownership 4. Size of Property: ft. x ft. Acres: 232± 5. Address or location of subject property: South side of Immokalee Road, approximately 1.25 miles east of 1 -75 6. Existing Land Elevation: County Flood Criteria Elevation: Zone X 7a. Date subject property acquired or leased �• day of , 19 7b. If Petitioner has option to buy, indicate date of option: September 1997 and February 1999. and date option terminates: July 1999 ' 8. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) No 9. This application is intended to cover: (Check which type of petition you are requesting): ® A. Rezoning: Present Zoning: A -Rural Requested Zoning: PUD Agricultural for: Residential Planned Development El B. Conditional Use: of: Zoning for: 10. Reason why application should be approved. (Attach additional sheets if Please see attached narrative statement, Exhibit "B" 3/12M9-34057 v«: 011- wARNOLD - 2 - M_.I O M 03166-000- 000_EGCO -19332 'AGENDA ITEM No.z.k�3 JUN 2 2 1999 Pa•_. �— -- 11. Is proposed use prohibited by deed restrictions? r-i Yes ® No If yes, provide copy of the deed restrictions. 12. Is this request a result of a violation? r-] Yes ® No If so, to whom was the notice served? 13. Has a public hearing been held on this property within the last year? No If so, in whose name? 14. Are there existing structures on the property? Yes, mobile home and farm equipment storage TYPE: CBS a, FRAME ®, MOBILE HOME 7, OTHER 31120WS4057 Ver: 01LWARNOLD nL LC�11* 031 G6. 000-000 -EGM 193 32 No.� JUN 2 2 1999 Pg. C3 0 AFFIDAVIT I, Lawrence R Portnoy, Vice President. G.L. Homes of Naples Associates, LTD., being first duly sworn, depose and say that G.L. Homes of Naples Associates, LTD. is the contract purchaser, in part, and owner, in part, of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any matters regarding this Petition. t Contract Purchaser, in part n part L Lawrence R. Portnoy Vice President G.L. Homes of Naples Associates, LTD. STATE OF FLORIDA COUNTY OF PALM BEACH Signature of Agent Donald W. Arnold, AICP Manager of Planning Wilson, Miller, Barton & Peek, Inc. The foregoing Application was acknowledged before me this /o?Aday of 1999, by Lawrence R. Portnoy, Vice President, G.L. Homes of Naples Associates LTD, who is pers own to me or. whe has pfeduged as icleriffffoTimrand who did did not ke an oath. 4/'� I Ili. �-A. 4 (Signature of Notary Public) STATE OF FLORIDA COUNTY OF COLLIER KaOftW M. Coffman MY COMMISSION 4 CC615446 EXPIRES March 18 . 2N1 - ^4DEJ THE 17RU'• Fa. ^r Tie foregoing Application was acknowledged before me this /J day ofli: 1999, by/1, �, , I Z L %J- /�w,t r e s(. ho is pens_ in—ally- nall Imown�me ar who has produced as identification and who di did not . ke an oath. (Signature of Notary Public) MMMSEAL _ VAUME G RWE AGENDA ITEM NOTARYKJKX STATE OFRLOPMA � 3 COMMMON NO. CC799796 No. MY COMMMON OCR DEC. 28,2002 JUN 2 2 1999 Pg.�_ EXHIBIT "A" LEGAL DESCRIPTION AND PROPERTY OWNERSHIP LEGAL DESCRIPTION Parcel I — The West '/2 of the Northeast '/a of the Northeast '/a of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida less the North 100 feet thereof. Parcel II - The West '/2 of the Southeast '/a of the Northeast '/a of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel III - The East 1/2 of the Southeast '/a of the Northeast '/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel IV - The West '/2 of the East '/2 of the Southeast '/4 of the Northwest '/a of Section 28, Township 48 South , Range 26 East, Collier County, Florida. Parcel V - The East '/2 of the Southeast '/4 of the Southeast '/4 of the Northwest '/a of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel VI - The East 1/2 of the Southwest '/a of the Southeast 1/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel VII - The Northwest '/4 of the Southwest '/4 of the Southeast '/a of the Northwest '/4 of the East '/2 of the Southwest '/4 of the Southwest '/a of the Southeast '/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel VIII - The West '/2 of the Northwest '/a of the Southeast '/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel IX - The East '/2 of the Northeast '/4 of the Southwest '/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel X - The North '/2 of the Northwest '/4 of the Southwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XI - The West '/2 of the Northwest '/4 of the Northeast '/4 of the Southwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. AGENDA ITEM NO. _ (,?) -3 JUN 2 2 1999 of 3 Y12/99 -W61 Vc 01 t- WARNOLD Page] /Z. 03166. 000. 000 -EGCO -19332 i pg. J Parcel XII - The East '/2 of the Northwest '/4 of the Northeast '/4 of the Southwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XIII - The Northeast '/4 of the Northeast '/4 of the Southwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XIV - The South '/2 of the Northwest '/4 of the Southwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XV - The South '/2 of the Northeast '/4 of the Southwest '/a of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XVI - The Southwest '/4 of the Southwest 14 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XVII - The West '/2 of the Southeast '/4 of the Southwest '/4 of the West '/z of the Southeast '/4 of the Southeast '/a of the Southwest '/a of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XVIII - The Northeast '/4 of the Southeast '/a of the Southwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XIX - The East '/2 of the Northwest '/4 of the Southeast 1/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XX — The East '/_ of the Southeast '/4 of the Southeast '/4 of the Southwest '/a of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel A - The West '/z of the Southwest '/4 of the Southwest '/4 of the Southeast '/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida, excepting those oil and mineral rights of record previously reserved and subject to the reservation of right of way easements in, upon and under the Westerly 30' feet of described premises, and in, upon and under the 60' feet running West to East, beginning at the aforementioned easement, 165' feet to the Easterly line of premises herein conveyed, at a line which is midway between the North and South line of the parcel herein described. Parcel B - The East '/2 of the Southeast '/4 of the Southwest '/a of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel C - The West '/2 of the Southeast '/4 of the Southwest '/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, excepting those oil and mineral rights " . 1 JUN 2 2 1999 31e199 -sa6r ver.orr- wARr+ot,o Page 2 of 3 031664OD4o EWO-r933z Pg. reserved, and subject to the reservation of right of way easement, in, upon and under the South 30' feet of described premises for the usual purposes of ingress and egress and for possible future roadways, utilities, and services for public use. Parcel D - The East 1/2 of the East '/2 of the Southwest 1/4 of the Southwest 1/4 of the Northwest' /4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel E - The West 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. PROPERTY OWNERSHIP The subject property is owned by: Parcel I: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel II: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel III: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel IV: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel V: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel VI: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel VII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel VIII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel IX: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel X: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XI- Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XIII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XIV: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XV: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XVI: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XVII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XVIII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XIX: G.L. Homes of Naples Associates; Inc. Parcel XX: G.L. Homes of Naples Associates, Inc. Parcel A: Betty M. Fratarcangelo & Louis C. Capasso Parcel B: Ghassoub & Mary Frangie Parcel C: Lester J. Richards Parcel D: Janis Bell Sharpe Parcel E: Fred Reisman AGENDA ITEM No.. (,.3 JUN 2 2 1999 311299 -MMI Vef01!- WARNOLD Page 3 of 3 03166000- 000- EGCO -I43t2 y Pg. EXHIBIT "B" RIGAS PUD NARRATIVE STATEMENT The applicant is requesting a rezoning of approximately 232 acres of land from A, Agriculture to Planned Unit Development (PUD), located approximately one mile east of I -75 and one mile west of C.R. 951, immediately south of Immokalee Road. The RIGAS PUD will permit a variety of residential dwelling types and the project will include a central recreation center which will provide for active recreational facilities for the residents, as well as, convenience commercial and personal services. In addition to the central recreation center, multiple amenities will be provided on -site including an extensive interconnected lake system, walking/jogging trail system, internal parks, and nature preserves. The proposed rezoning to permit a maximum of 725 residential dwelling units is consistent with the Collier County Growth Management Plan, and the Urban Mixed Use District of the Future Land Use Element and Map. The Collier County Growth Management Plan permits a maximum residential density of five dwelling units per acre in this location; therefore, the proposed density of 3.13 dwelling units per acre is consistent with the Plan. The subject property is abutted by the Heritage Greens and Island Walk PUDs to the east and south respectively, both projects permitting residential development at densities near 3 dwelling units per acre. The property is abutted by vacant agricultural land and the Jersey Joe's Petting Zoo and Driving Range to the north. Properties to the west are zoned E, Estates, which will be separated from the RIGAS PUD by future Logan Boulevard Extension. The proposed residential project with active internal recreation center is compatible with surrounding development and is a logical land use pattern in this area of the County. The application materials include an extensive analysis of the utility, water management and transportation provisions for the project. Access for the project will be provided from Immokalee Road, with future access to Logan Boulevard once extended adjacent to the RIGAS PUD. Internal roads will be private and provide convenient and safe internal circulation for vehicles and pedestrians. Access and utilities will be coordinated with Collier County and will be consistent with the Collier County Land Development Code. The water management system is designed to include an extensive connected lake system which provides benefits to retained wetland preserves on the site and meets the County's surface water management objectives in the Harvey Drainage Basin. The -PUD document and master plan reflect development standards and a development plan that is responsive to, and compatible with surrounding existing and future land uses, and is c A 11y, with the goals and objectives of the Collier County Growth Management Plan. FN , Z, � P24' 3112199 -51730 Va: 01I- WARNOLD R is . {L mOYIA 03166. 000 - 000 -EGCO -19332 JUN Z 2 1999 Pg.� b LJ CONSENT TO ASSIGNMENT LA M The undersigned, being the Seller under the RM ESTATE OPTION AGREEMENT ("Purchase Agreemenf) with RONTO DEVELOPMENTS WEST NAPLES, INC., a Florida corporation, which was subsequently assigned to HORSESHOE DEVELOPMENTS, INC., a Florida corporation ("Assignor"), a true and complete copy of which Purchase Agretm=t, and ore (1) Icaer modifying same, is attached hereto as Exlu'bit 1, does hereby counm to the assignmmat by Assignor of the Purchase Agreement to G.I.. HOMES OF FLORIDA A CORPORATION, a Florida corporation, or any of its affiliated entities ( "Assignee ") The undersigned further agrees, covenants and represents as follows: I. The assignment may not occur immediately, but rather maY occur at the closing of The transaction contemplated by the Purchase Agreement. 2. The Purchase Agreement is in good standing, in full force and effect and Assignor is not in default thereunder. 3. Assignor has paid 00/100 Dollars 0 as deposits) or option payments under the Pufcbase Agreement. 4. The outside date for closing under the Purchase Agreement is Novesober 22,1999. 5. In addition to the notice required to be given to Assignor under the Purchase Agreement, the undersigned will give notice to Assignee simultaneously with any notice given to Assignor as follows: G.L. HOMES OF FLORIDA II CORPORATION, Suite _200, 1401 University Drive, Coral Springs, Florida, Attention: Mr. Alan Fant. Seller's agreement to this consent does not, in any manner, release HORSESHOE DEVELOPMENTS, INC., AFlorida corporation; RONTO DEVELOPMENTS WEST NA L&% INC., a Florida corporation; autd/or RONTO MANAGEMENT GROUP, 1NC., a Florida corporation, from their obligations under the Purchase Agreement. rM.383.93941 jowa y 21. IM CONSTANTEU J. RIGAS TRUST By: AONSTTINE J G Date: .2-- 'i' No. �.�3 J l""V9 Pg._2_L_ :cecax TI ecopier 7t ; 5 -b41dM ; 4041 �0.,,��,,, ?b V ASSIGNMENT AND ASSUMPTION AGREEMENT' `r THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ( "Agreement "), made effective as of by and between HORSESHOE DEVELOPMENTS, INC. _ (- As4gaor "), and G.L. HOMES OF FLORIDA II CORPORATION ( "Assignee "). WHEREAS, Assignor has entered into a certain Vacant Land Contract, dated August 20, 1998 ("purchase Agreement'), with.:LESTER RICHARDS, by which Assignor agreed to purchase the property described in the Purchase Agreement; and WHEREAS, Assignor desires to assign to Assignee all of its right, title, and interest in the Purchase Agreement and Assignee desires to assume all of Assignor's covenants and obligations under the Purchase Agreement. NOW, THEREFORE, it is agreed to between the parties as follows: 1. Ate. For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration as expressed in the Agreement to Assign Purcham Agreements, by and between Assignor and Assignee dated as of December 14, 1498, receipt and sufficiency of which is hereby acknowledged, and the agreement of Assignee hereinafter set forth. Assignor hereby assigns and transfers to Assignee and its assigns, all of Assignor's right, title and interest in and to the Purchase Agreements. 2. motion. Assignee hereby agrees and does accept the assignment set forth in Section 1 and expressly assumes and agrees to keep, per*cn, and fulfill all of the terms, covenants, conditions and obligations required to be kept by Assignor under the Purchase Agreement. IN MM MS WHEREOF, the parties hereto have executed this Agreement as of the dare and year aforesaid. ASSIGNOR: HORSESHOE DEVELUPMENTS. INC. By: G.L. HO FLORIDA II CORPORATION By: 0 P ORTNOY, Vice President PTL:3BA357,1 lNwry 6, 1999 81 -28 -99 1S:32 RECEIVED FROM:9547644996 -- AGENDA ITEM 711i:rb JUN 2 2 1999 Qg' 401 UY ;Xofox lelecopier 7�+ 1—�� —y� ' J'J4rhi J,4iv' �� JJ4I JJYJNJ .17 CONSENT TO ASSIGNMENT The undersigned. being the Sellor underthe Vacant Land Contract, datod December 17,1998, ("Putchaec Ageemcan with HORSESHOE DEVELOPMEN t INC. ( "Assignor"), a true am complete copy of width Purchase Agree=nt is 91wohed hw to as Exhibit 1, does hereby consent to the assignment by Assignor of the Purchase Agmenunt to G.L. RON= OF FLORIDA II CORPORATION or any of its affiliated entities ( "Assignee'). The undersigned Nether agrem, covenants and mpnmts as follows: t. The Purchase Agreement is in good standing, in full force and effect and Assignor is not in default thereunder. 2. Assignor has paid 'ra1,'rL,,...._.. al and 00 /100 Dollars as depoSio(e) or option payments under the Purchase Agreement. 3. The outside date for olOW112 Under the Purob= Agreement is March 31. 1999. 4. In lieu of the notice required to be given to Assignor under the Purchase Agreement. the undersigned will give notice to Assignee as Follows: G.L. Home of Florida H Corporation, 1401 university Drive. Suite 200, Coral Springs, Florida, Adendon; Mr, Alen Fant, LESTER RIC Date; / A? 2 77..3s4ssd.1 91 -28 -99 18:33 RECEIVED FROH:9547644996 AGENDA ITEM NO. )3 JUN 2 2 1999 P.88 P9- ---a ASSIGNMENT OF REAL ESTATE OPTION AGREEMENT, FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, RONTO DEVELOPMENTS WEST NAPLES, INC., a Florida corporation ( "Assignor"), does hereby assign and set over unto HORSESHOE DEVELOPMENTS, INC., a Florida corporation ("Assignee', all of its right, title and interest in and to: 1. That certain Real Estate Option Agreement between Assignor and CONSTANTINE J. RIGAS, Trustee of the CONSTANTINE J. RIGAS TRUST, which has an effective date of September 25, 1997 ( "Option Agreement "); 2. All deposit monies and any other amounts paid by Assignor pursuant to the Option Agreement; 3. This Assignment does not release Assignor or any entity guaranteeing performance of Assignor from their obligations under the Option Agreement. IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of the of March, 1998. sealed and delivered in he resence of: ASSIGNOR: RONTO DEVELO nes INC., a Flor• I Na By: Na ttness /' � Tit 1k: Name:_LAX11"iNE ,�icce ASSIGNEE: HORSESHOE Titness By: Name: FTL: 298915-1 March 18. 1998 WEST NAPLES. I (Corporate Seal) , INC., a Florida --0• (Corporate Seal) AGENDA ITEM. No. -I,A ,— 2 �82� 2 1999 Pg. a 3— M This Assignment is hereby consented to by CONSTANTINE J. RIGAS, Trustee of the CONSTANTINE J. RIGAS TRUST, Seller. SELLER: CONSTANTINE J. RIGAS TRUSTEE OF THE CONSTANTINE J. RIGAS TRUST By: Az- -��44 lz_w Witness CONSTANTINE J. RIGAAAS rustee o Name: L'atwre; �,x m• Soaxa4 ;j the CONSTANTINE J. TRUST Witness Name: Sie. ✓e. AGENDA ITEM No. 3 296916 -1 JU,a:? 2 1999 tee, It 19" -2- t o) 29602.000e Pg.� FIT" 0 u THIS AGREEMENT TO ASSIGN PURCHASE AGREEMENTS ( "AGREEMENT ") is made and entered into as of the 14th day of December, 1998, by and between HORSESHOE DEVELOPMENTS, INC., a Florida corporation ( "Assignor ") and G.L. HOMES OF FLORIDA II CORPORATION, a Florida corporation ( "Assignee'), with the joinder of Ruden, McClosky, Smith, Schuster & Russell, P.A. (hereinafter referred to as "Escrow Agent "). WITNESSETH: WHEREAS, Assignor is the current purchaser under that certain Real Estate Option Agreement with Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust ( "Rigas'), executed by Ronto Developments West Naples, Inc. ( "Ronto ") on September 22, 1997, and by Rigas on September 25, 1997, as amended (the "Riggs Agreement'), as assigned to Assignor by Ronto, with respect to approximately 205 acres of real property located in Collier County, Florida (the " Rigas Property "). Assignor has also entered into the following two (2) agreements: (i) that certain Vacant Land Contract with John C. Haaga ( "Haaga "), dated April 23, 1998, as amended (the " Haaga Contract "), with respect to approximately 5 acres of real property located adjacent to the Rigas Property (the " Haaga Property"), and (ii) that certain Vacant Land Contract with David and Angela Preziose (collectively, " Preziose') dated August 20, 1998 (the " Preziose Contract "), with respect to approximately 5 acres of real property located adjacent to the Rigas Property (the " Preziose Property"). Rigas, Haaga and Preziose are sometimes hereinafter collectively referred to as the "Sellers ", the Rigas Agreement, the Haaga Contract and the Preziose Contract are sometimes hereinafter collectively referred to as the "Agreements ", and the Rigas Property, the Haaga Property and the Preziose Property are sometimes hereinafter collectively referred to as the "Property", a copy of which Agreements with all amendments and exhibits thereto being attached hereto as Exhibit "A"; and - WHEREAS, Assignee desires to purchase Assignor's interest in the Agreements (including without limitation, all deposits, option money and payments heretofore made thereunder and all governmental applications and approvals obtained pursuant thereto) from Assignor and Assignor desires to sell its interest in the Agreements to Assignee, all for the price and pursuant to the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, each intending to be legally bound, do hereby agree as follows: 1. Recitations and Definitions. The recitations set forth in the preamble of this Agreement are true and correct and are incorporated herein by this reference. 2. Sale of Agreements. Assignor shall sell, assign, transfer and convey all of Assignor's right, title and interest in the respective Agreements to Assignee at the "Closings" (as hereinafter defined), and Assignee shall accept such conveyance and assume Assignor's obligations under the Agreements, subject to the terms hereof. F'rL:378565:11 AGENDA A ITE) No. JUN 2 2 1999 Pg -� 3.1. The Purchase Price to be paid by Assignee to Assi nor for Ass' ' ' ht title and interest in the Agreements " Purchas rice ") shall be �- 3.2. The Purchase Price shall be paid as follows: a. Within two (2) business days after the execution of this A ment both parties, Assignee shall deliver to Escrow Agent a deposit in the amount of e "Deposit" shall be held in escrow y Escrow ent in accordance—with tha terms of s ALYreement. b. Within three (3) business days 01*p the "Consent Date" as hereinafter defin*anas shall pay to Assignor the sum of and Escrow Agent shall release s t o si nor. a to upon which the s paid is herein referred to as the "im"ayment ". By no later than the Consent Dandition preced ent to the foregoing and release of the Deposit, Assignor shall be required to deliver to Escrow Agent, as to each of the Agreements, either (i) executed Assignments in the form attached hereto as Exhibit "B" as to each of the Agreements or (ii) executed special warranty deeds for the applicable portion of the Property, to be held in escrow by Escrow Agent in accordance with the terms of this nt. By no later than the Consent Date and in addition, as a condition precedent to the ayment and release of the Deposit, unless Assignor has received the Consents from all Sellers, Assignor shall be required to deliver to Escrow Agent, to be held by Escrow Agent in accordance with the terms of this Agreement, certificates representing all of the issued and outstanding stock of Assignor ( "Stock ") with stock powers duly executed in blank and the stock register. The Stock; stock powers and stock register are to be held by Escrow Agent to secure Assignor's obligations under this Agreement. Assignor hereby represents and warrants to Assignee that Assignor is a single purpose entity whose sole purpose was the purchase and development of the Property, the Stock is free and clear of any encumbrances and that Assignor has no outstanding debts, liabilities, claims, lawsuits, judgments, etc. except as set forth in the Agreements and/or related to the Property (which obligations related to the Property are Assignor's responsibility to pay) and that the only asset of Assignor is the Agreements. In the event Assignee receives the Stock pursuant hereto, the Purchase Price shall be paid to such entity as directed by A. Jack Solomon. C. At the closing of the Rigas Property or November 30,1999, whichever first occurs, Assi ee shall o Assignor the sum of I IF d. Provided Assignee has closed pay to Assignor the sum of I 4. Covenants. Representations and War_rmn es. As a material inducement to Assignee to execute this Agreement and to consummate the transaction contemplated hereby an Purchase Price therefor, Assignor covenants, represents and warrants to Assignee as f How54GENDA is M j'i 2 2 1999 FTL:378565:11 2 t t. (a) Assignor is the current purchaser under the Agreements. t (b) Except for the right of Assignee to acquire Assignor's interest in the Agreements pursuant to this Agreement, no o er person, firm or'eridty has any right to acquire a# or any portion of Assignor's interest in the Alieements and Assignor has not otherwise assigned, transferred, conveyed, pledged, mortgaged or encumbered, directly or indirectly, voluntarily or involuntarily, any interest in the Agreements to any other person, firm or entity. (c) Assignor has not taken any action, directly or indirectly, or caused anything to be done, which would invalidate the Agreements or otherwise affect the enforceability of the Agreements. Op (d) Assignor, as the current purchaser under the Agreements, is not currently in default under the Agreements, nor has any event occurred which with the passage of time or giving of notice or both would constitute a default by Assignor under the Agreements.-*' ;(e) Tdle extent not heretofore provided, Assignor shall,��pprovide Assignee with copies of all documents relating to the Property which have been delivered t8`Assignor by the Sellers pursuant to the Agreements or otherwise and all documentation otherwise obtained by Assignor relating to the Property within two (2) business days following execution of this Agreement. Assignor has paid for or shall pay for all such documentation. (f) True, correct and complete copies of the Agreement! are attached hereto as Exhibit "A ". Assignor shall not amend the Agreements after the date hereof without the prior written consent of Assignee. All of the Agreements are in good standing and free from default as of the date hereof, and shall remain so at all times through the Consent Date. (g) To the best of Seller's knowledge, except as disclosed in that certain Phase I and Limited Phase II Environmental Site Assessment of the Property prepared by Universal Solutions, Inc., dated February 13, 1998, there are no natural or artificial conditions upon or below the Property (ineiuding, without limitation, hazardous or toxic materials and/or substances or gas and/or petroleum tanks and/or by- products) which would impair the value of the Property or prevent, impede, limit or render more costly the development of the Property. (h) Seller is not aware of any existing or potential land use, zoning, environmental, approval or other issues which would prevent, impede, limit or otherwise adversely affect the development of the Property as a residential development. (i) QjMl Solomon and Samuel 44a*hew Fingold are the sole owners of the 'Stock. The Stock is frd clear of all liens and encumbrances which would not transfer to the Purchase Price. Assignor shall not permit any additional shares of stock of Assignor to be issued while the Stock is in escrow hereunder. The foregoAg representations and warranties shall survive"the assignmenvof the Agreements and the Closings by Assignee under the Agreements. 5. Closings. since. The closing of the conveyance of Assignor's interest in the Agreements ( "Closings ") shall take place simultaneously with the closing under each of the AgreemeM`, 01A—di IQDA ITEM 2 2 1999 PrL:378565:11 3 date of closing required by the Agreements, as the-same may be hereafter amended (the 'Closing Dates "). Each Closing shall take place at the same location as the location of the closing under each of the respective Agreements. 6.1 Assignor shall use its best efforts to obtain and provide Assignee, with the written consent ( "Consent ") of each of the Sellers to the assignment by Assignor to Assignee of the respective Agreements to which each of the Sellers is a party, which Consent shall be in the form annexed hereto as Exhibit "C ". On January S, 1998 ( "Consent Date "), Assignor shall deliver each Consent to Escrow Agent or notify Escrow Agent and Assignee that it did not obtain a Consent. With respect to the Consent from Rigas, Assignor acknowledges that Assignor, Ronto Management Group, Inc. and Ronto Development West Naples, Inc. shall not be released from their obligations under the Rigas Agreement. At such time as Assignor obtains the Consents from all Sellers and delivers same to Escrow Agent to hold in escrow pursuant hereto, whether before or after the Consent Date, Escrow Agent shall return the Stock, stock powers and stock register and deeds to Assignor. 6.2 In the event Assignor fails to obtain all of the Consents from all of the Sellers by the Consent Date, then Assignee shall nevertheless be obligated, to proceed with the transaction contemplated by this Agreement and in which event, at the closing of the purchase of that portion of the Property where the Seller did not previously consent to the Assignment of its contract, Assignor shall either (a) assign the contract to Assignee if that Seller is then willing to close with Assignee, or (b) Assignor shall close with such Seller in Assignor's name and simultaneously convey §uch portion of the Property to Assignee by special warranty deed, provided Assignee pays the purchase price required by such contract. In the latter such event, Assignor shall be required to pay the documentary stamps and any surtax due on the deed of conveyance from Assi or to Assignee and prior to receiving the "iver payment from Assignee and the Deposit pursuant to Section 3.2(b) above", Esc row Agent a fully executed specs warranty deed with respect to the Property as well as the Stock and stock powers pursuant to Section 3.2(b). Escrow Agent shall attach to the deed a schedule of exceptions which are identical to those set forth on the deed from the Seller(s). 7.1 From and after December 14, 1998, and whether or not each of the Sellers executes the Consent, Assignee shall be responsible for (i) all costs and expenses incurred with respect to the Property for work authorized by Assignee and (ii) all future option payments and deposits due to the Sellers; provided, however, with respect to any of the Agreements for which Assignor has not obtained a Consent, Assignor shall make such required option payments and deposits and shall be reimbursed therefor by Assignee within three (3) business days following the Consent Date for all payments made by Assignor to Sellers between December 14, 1998 and the Consent Date. If Rigas does not sign the Consent, Assignee shall deliver to Assignor any payments due to Rigas after the Consent Date and Assignor shall promptly pay same to Rigas and provide evidence thereof to Assignee. In the event Assignee is making a payment directly to a Seller, Assignee shall simultaneously provide Assignor with evidence thereof. If a Seller has executed a Consent, Assignee may negotiate with such Seller to amend or modify its contract. AGENDA ITEM� 2 2 1999 FTL:378565:11 1 4 1 Pa'�— If a Seller has not executed a Consent, Assignor shall cooperate with Assignee in its negotiations with such Seller with respect to Assignee's desire to amend or modify such contract. In the event a Seller is willing to execute an amendment to its contract as requested by Assignee, Assignor shall promptly execute such amendment. Any such amendment is not subject to Assignor's approval if it is a reasonable business decision or if the amendment is not material and adverse to Assignor. Assignor hereby acknowledges that Assignee is permitted to meet with and speak to the Sellers, whether or not a Seller has executed a Consent. 7.2 In the event a Consent is obtained, Assignee shall make all future payments due to that Seller. In the event Assignee is making a payment directly to a Seller, Assignee shall simultaneously provide Assignor with evidence thereof. In the event Assignee will not, for any reason, make a future payment due to such a Seller, Assignee shall so notify Assignor at least three (3) business days before the due date so as to permit Assignor to make such payment. 7.3 In the event Assignee realizes that it will not close on the purchase of the Haaga Property or the Preziose Property, it shall so notify Assignor at least ten (10) days prior to the scheduled closing of the Haaga Property and /or the Preziose Property, as the case may be. In the event Assignee realizes that it will not close on the purchase of the Rigas Property, it shall so notify Assignor at least sixty (60) days prior to the earlier of (a) the date actually scheduled for the closing of the Rigas Property, or (b) the last date scheduled for the closing of the Rigas Property under the Rigas Agreement as it exists as of December 14, 1998 ( "Scheduled Closing "). Assignee shall exercise the "Option" under the Rigas Agreement by July 9, 1999 and provide Assignor with evidence thereof or notify Assignor by such date that Assignee will not exercise the "Option ", whereupon Assignor may do so. In the event the last date to exercise the "Option" is extended, then the July 9, 1999 date shall be extended to fifteen (15) days prior to the then last date of exercise of the "Option ". 7.4 In order to assure Assigior that Assignee will close on the purchase of the Rigas Property, Assignee shall either (a) at least thirty (30) days prior to the Scheduled Closing of the purchase of the Rigas Property, deliver to Assignor or (b) on July 15, 1999, deliver to Escrow Agent, whichever of (a) or (b) first occurs, a letter of credit in the amount of gust th an expire date of Au 3W.O. Notwithstandmg anything to Me contrary con erein, in the event the letter of credit is delivered to Escrow Agent, Escrow Agent shall deliver same, or the proceeds thereof if Escrow Agent is still holding same, to Assignor thirty (30) days prior to the Scheduled Closing of the purchase of the Rigas Property. The letter of credit shall be an irrevocable clean letter of credit from an acceptable major lending institution which may be drawn upon by either Escrow Agent or Assignor. All that shall be required to draw upon the letter of credit is an affidavit signed by Assignor stating that any one or more of the events set forth in this Paragraph 7.4 has occurred and Escrow Agent shall provide a copy of such affidavit to Assignee. In the event Assignee (a) fails to close on the purchase of the Rigas Property, (b) advises Assignor that Assignee will not close on the Rigas Property, (c) fails to exercise the "Option" as required by Paragraph 7.3 hereof, (d) fails to make future option payments as required by Paragraph 7.1 hereof, or (e) takes any action which permits any of the Agreements to be terminated, Assignor or Escrow Agent, as the case may be, shall be entitled to draw on the letter of credit and retain the ereof, as well as the SOMIM theretofore delivered to Assignor by Assignee and the eposit delivered to Assignor by Escrow Agent, and Assignor shall be entitled to re tain same as liquidated dama es hereunder and as its sole remedy hereunder and Assignee shall not be responsible to pay the dilOgMA I I LM NO. . JUN 2 2 1999 FTL:378565:11 5 Pg June 30, 2000: In the event Escrow Agent has drawn on the letter of credit, it shall disburse the funds so obtained to Assignor but not sooner than five (5) business days after giving notice thereof to Assignee. In the event Assignee closes on the purchase of the *s1b Property, Assignor shall continue to hold the letter of credit until Assignee makes the payment due on June 30, 2000. In the event Assignee fails to make such payment, Asst ore entitle d to draw on the letter of credit and retain the proceeds there the ayment due on June 30, 2000. When Assignee makes the final ayment on une 0, 2000, Assignor shall forthwith return the letter of credit to Assignee. 7.5 In the event Assignee fails to close on the purchase of any portion of the Property, Assignee shall transfer and assign to Assignor all of its interest in and to any and all approvals, consents, permits, plans and other items relating to the Property. Assignee shall be responsible to pay for any such items ordered by Assignee. 7.6 In the event Assignee closes on the purchase of one or two smaller portions of the Property but not the third (i.e., the Rigas Property), Assignor shall have the right and option to purchase such one or two smaller portions of the Property from Assignee by giving notice to Assignee of such election up until thirty (30) days after the date scheduled for the closing of the Rigas Property. After giving notice, Assignor must close within thirty (30) days thereafter. In the event Assignor has made the foregoing election, Assignee shall convey such smaller portions to Assignor subject to the same exceptions to title as received by Assignee. At the closing of such conveyance, Assignor shall pay to Assignee the amount which Assignee paid to obtain such smaller portions of the Property (including closing costs and commissions) but in no event shall the purchase price exceed the purchase price for such smaller portion of the Property existing on the date of this Agreement, and Assignor shall be given credit at such closing for any deposits or payments heretofore made by Assignor and for which amounts Assignee received credit in connection with the purchase of such smaller portions of the Property. Assignee shall pay the documentary stamps and any surtax due on the deed for such conveyance. 7.7 In the event Assignee enters into one or more contracts to acquire any "properties which is /are adjacent to the Property (or which is/are adjacent to property which when added to the Property will be adjacent to the Property) ( "Adjacent Land ") and Assignee does not close on the purchase of the Rigas Property as contemplated herein, Assignor shall have the right and option to have Assignee assign the contract(s) to Assignor by giving notice to Assignee of such election up until thirty (30) days after the date scheduled for the closing of the Rigas Property. After giving notice, Assignor must close within thirty (30) days thereafter. In the event Assignor has made the foregoing election, Assignee shall forthwith assign to Assignor the contract(s) to acquire the Adjacent Lands and Assignor shall pay Assignee as consideration therefor any amounts placed as deposits under any such contract(s). While this Agreement is in existence, Assignor shall not attempt.to purchase the Adjacent Land, except on behalf of Assignee. In the event Assignee closes on the purchase of any Adjacent Land and Assignee does not close on the Rigas Property, Assignor shall have the same right and option to purchase such Adjacent Land from Assignee by giving Assignee notice of such election up to thirty (30) days after the date scheduled for the closing of the Rigas Property and by closing on such purchase within thirty (30) days thereafter. Assignee shall convey such Adjacent Land to Assignor by special warranty deed subject to the same exceptions to title as received by Assignee- and for the same price as paid by Assignee, including c sand commissions. Assignor shall pay the documentary stamps and any surtax due on A ITEM conveyance. 7juN2 1999 FTLc378565:11 1 7.8 Assignor hereby grants to Assignee, from and after the Payment ISate, the right to pursue any and all governmental approvals, permits, etc. in connection with the development of the Property, all without Assignor's consent. To the extent necessary, Assignor shall execute any applications for such approvals, permits, etc. and will use its best efforts to have the Seller(s) execute same as necessary. Assignor shall forthwith execute an4 deliver to Assignee any instruments and documents which may be necessary to further evidence Assignor's transfer of such rights. 7.9 Assignee shall maintain each of & Agreemeits in good standing and take all actions required thereunder to keep the Agreements in good standing and not in default, except as contemplated by Sections 7.2 and 7.3 above. 7.10 The Rigas Agreement grants the purchaser thereunder (i.e., Assignor) the right to require the Seller to hold a purchase money mortgage in payment for a portion of the purchase price therefor. In the event Assignee elects to utilize the purchase money mortgage and Rigas requires Assignor and/or one of Assignor's related entities to be one of the signatories to the promissory note which is secured by the purchase money mortgage, Assignor shall execute and/or cause its related entities to execute the promissory note and, in such event, Assignee shall indemnify and hold Assignor and/or its related entities harmless from and against any and all costs, expenses, liabilities, claims and demands arising out of the execution of such promissory note. 7.11 Assignee hereby indemnifies and holds Assignor and its related entities harmless from and against any and all costs, expenses, liabilities, claims, and demands arising out of Assignee's and/or its related entities' actions with respect to the Property and the Agreements. Assignor hereby indemnifies and holds Assignee and its related entities harmless from and against any and all costs, expenses, liabilities, claims and demands arising out of Assignor's and/or its related entities actions with respect to the Property and the Agreements. 7.12 All indemnifications given pursuant hereto shall survive the Closings or termination of this Agreement. In the event Assignee discovers any liabilities with respect to the Property which, pursuant to this Agreement, are Assignor's responsibility to pay and which Assignor has not paid, Assignee shall have the right to pay and offset such amount against the next payment due to Assignor hereunder. 8. Default 8.1 In the event Assignor shall default under this Agreement by failing to perform any of its obligations hereunder, Assignee's sole remedies, except with respect to Assignor's indemnities hereunder, shall be to seek an immediate return of its Deposit and all other amounts paid to Assignor hereunder or to pursue specific performance of this Agreement. Assignee shall not have any claim for damages unless Assignor wrongfully conveys the Property or assigns the Agreements to a third party without Assignee's authorization or consent. 8.2 In the event Assignee fails to close on any of the Property or otherwise fails to fulfill its obligations under this Agreement, Assignor shall, as its sole remedy, except with respect to Assignee's indemnities hereunder, retain the amounts paid or delivered as a letter of credit by Assignee as liquidated damages and full settlement of any claims against Assignee and Assignee shall not be liable for any amounts not then paid. Notwithstanding anything to the contrary contained herein, the foregoing provision for liquidated damages shall not, however, exc a AGENT A Na JUN 2 2 1999 Fn.:37e5e5:11 ��� Assignee from (i) its obligation to pay for costs and -expenses for work authorized by Assignee and (ii) its obligations under Section 7.3, 7.6 and 7.7 hereof. �wqn- 'r (a) Assignor and Assignee each represent to the other that except for Naples Realty Services, Inc., Landauer Associates, Inc. and Plymouth Realty, Inc. ( "Prior Brokers ") with whom Assignor and/or Assignee dealt with in connection with a prior agreement between them, but not with respect to this Agreement, there were no brokers instrumental in the procurement of this Agreement or the transaction contemplated hereby. Assignor and Assignee hereby indemnify and hold each other harmless from and against any costs, fees, damages, claims and liabilities, including, but not limited to, reasonable attorneys' fees and paralegals' fees arising out of any claim or demand or threats of claim made by any broker or salesman (other than the Prior Brokers) claiming by reason of its relationship with the offending party or its representatives, employees or agents. The provisions of this Section 8.a. shall survive the Closings or earlier termination of this Agreement. (b) Assignor agrees to pay any commission which may be due to the Prior Brokers. Assignor hereby indemnifies and holds Assignee harmless from and against any costs, fees, damages, claims and liabilities, including, but not limited to, reasonable attorneys' fees and paralegals' fees, arising out of any claim or demand or threats of claim made by the Prior Brokers claiming by reason of its relationship with Assignee, Assignor or its representatives, employees or agents. The provisions of this Section 9(b) shall survive the Closing or earlier termination of this Agreement. 10. Attorney Fees. Each party hereto shall pay its own respective attorneys' fees in connection with the consummation of the transaction contemplated hereunder; provided, however, in the event of any litigation or arbitration arising under this Agreement, the prevailing party, whether Assignee or Assignor, shall be entitled to recover all costs incurred, including, without limitation, attorneys' fees and costs for services rendered in connection therewith, through all trial, appellate and postjudgment proceedings. 11. Closing Documents. At each of the Closings, Assignor and Assignee shall execute the Assignment of the applicable contract, the form of which is attached hereto as Exhibit "B" and made a part hereof. In the event Escrow Agent is holding an Assignment, Escrow Agent shall deliver same to Assignee at the respective Closing. In the event Assignor is required to close on the purchase of all or any portion of the Property, Assignor shall execute the same closing documentation as the Seller(s) delivered to Assignor. 12. Escrow. Escrow Agent shall hold the Deposit and the Assignments, Stock, stock powers or deed(s), as the case may be, and the letter of credit, pursuant to the terms of this Agreement. Escrow Agent shall deliver the Assignment(s), Stock, stock powers and/or deed(s), and the letter of credit, to Assignee at the applicable Closings or as otherwise provided herein. In the event Escrow Agent receives written notice from Assignor that Assignee has defaulted under the terms of this Agreement, Escrow Agent shall give written notice thereof to Assignee and give Assignee ten (10) days from receipt of such notice to object; if Escrow Agent receives no objection, Escrow Agent shall deliver the Assignment(s), Stock, stock powers or deed(s) to Assignor. In the event Escrow Agent receives written notice from Assignee that Assignor has defaulted undFr'th AGENDA ITEM 22 1999 M.378565.11 i i terms of this Agreement, Escrow Agent shall give written notice thereof to Assignor and give Assignor ten (10) days from receipt of such notice to object; if Escrow Agent receives no objection, Escrow Agent shall promptly deliver the Assignments, Stock, stock powers or deed(s) as the case may be, to Assignee. If there is a dispute among the parties as to the proper disbursement of the Deposit or delivery of the Assignments or deed(s) as the case may be, or, if Escrow Agent is otherwise in doubt as to its duties or liabilities under the provisions of this Agreement, Escrow Agent may, at its option, continue to hold the subject matter of the escrow until the parties mutually agree on its disbursement or deposit the subject matter of the escrow with the clerk of any circuit court having jurisdiction thereof. Upon deposit of the subject matter of the escrow with the clerk of any circuit court having jurisdiction thereof and notifying all parties of such action, all liability on the part of Escrow Agent shall fully terminate, except to the extent of accounting for any item previously delivered out of escrow. In any suit between Assignor and Assignee where Escrow Agent is made a party because of acting as escrow agent hereunder, or any suit wherein Escrow Agent interpleads the subject matter of the escrow, Escrow Agent shall recover reasonable attorneys' fees including fees for the services of itself, costs incurred with respect to such fees and costs to be charged and assessed as court costs. The parties agree that Escrow Agent shall not be liable to any party or person except for gross negligence or willful malfeasance and the parties agree to indemnify and hold Escrow Agent harmless from any and all actions and costs including, but not limited to, attorneys' fees and costs, including its own fees and costs resulting from acting as escrow agent hereunder or otherwise. The actions of Escrow Agent hereunder are purely ministerial and shall not preclude Escrow Agent from representing Assignor or Assignee, including any such action relating to the contents of the escrow. 13. Notices. All notices of request, demand and other communications hereunder shall be addressed to the parties as follows: As to Assignor: Horseshoe Developments, Inc. ' 3185 Horseshoe Drive South Naples, FL 33104 Attention: Mr. A. Jack Solomon, President Facsimile: (941) 649 -8870 or (941) 649 -6685 With a copy to: Ruden, McClosky, Smith, Schuster & Russell, P.A. 200 East Broward Boulevard Post Office Box 1900 Fort Lauderdale, Florida 33302 Attention: John L. Farquhar, Esq. Fax: (954) 764 -4996 As to Assignee: G.L. Homes of Florida II Corporation 1401 University Drive; Suite 200 Coral Springs, FL 33071 Attention: Mr. Larry Portnoy Facsimile: (954) 753 -4509 FTL:378565:11 9 �--AGEWA it NO. �� 3 22 1999 pg. With a copy to: Ruden, McClosky, Smith, Schuster & Russell, P.A.' 200 East Broward Boulevard Post Office Box 1900 Fort Lauderdale, Florida 33302 Attention: Mark F. Grant, Esq. Fax: (954) 764 -4996 As to Escrow Agent: Ruden, McClosky, Smith, Schuster & Russell, P.A. 200 East Broward Boulevard Post Office Box 1900 Fort Lauderdale, Florida 33302 Attention: John L. Farquhar, Esq. Fax: (954) 7644996 unless the address is changed by the party by like notice given to the other parties. Notice shall be in writing, mailed certified mail, return receipt requested, postage prepaid and shall be deemed delivered three (3) days following the date mailed or upon hand delivery to the address indicated. Notwithstanding the foregoing, notices, requests or demands or other communications referred to in this Agreement may be sent by telephonic communication reduced to written form (i.e., telecopier) or overnight courier, but shall only be deemed to have been given when received. 14. Further Assurances. Each of the parties hereto agree to execute, acknowledge and deliver and cause to be done, executed, acknowledged and delivered all such further acts, assignments, transfers and assurances as shall reasonably be requested of it in order to carry out this Agreement and give effect thereto. 15. Time is of the Essence. For purposes herein, the parties agree that time shall be of the essence of this Agreement. 16. No Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 17. Counteroa,ts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same Agreement. 18. Bindina Effect. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns and no other parties may claim to be a direct or indirect third party beneficiary hereof. 19. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of Florida Venue shall be exclusively in the county where the Property is located. 20. Entire Agreement. This Agreement contains and sets forth the entire understanding between Assignor and Assignee,.and it shall not be changed, modified or amended except by an FTL- 378565:11 10 AGENG L No JUN 2 2 1999 instrument in writing and executed by the party against whom the enforcement of any suclt change, modification or amendment is sought. 21. Relationship. Nothing contained in this Agreement shall constitute or be construed to be or create a partnership, joint venture or any other relationship between Assignor and Assignee other than the relationship of a purchaser and seller or assignor and assignee of an agreement for real property as set forth in this Agreement. 22. Cam. Paragraph titles or captions contained herein are inserted as a matter of convenience and for reference only and in no way define, limit, extend or describe the scope of this Agreement or any provision hereof. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. ASSIGNOR: HC By Da ASSIGNEE: G.L. HO F FLO II CORPORATION By: Larry Porthoy, Vice President Date: ` y 019110 ; ; • The undersigned joins in this Agreement for the sole purpose of agreeing to act as Escrow Agent in accordance with the terms of the foregoing Agreement. RUDEN, MCCLOSKY, SMITH, SCHUSTER &,RUf SELL, P.A. By: J azquhar , E q.Vi e President Date: AGENDA ITEM N0.- r /I � I-?- Z11- JUN 2 2 1999 FTI.:378565:11 11 Pg FTL:378565:11 Copy of Agreements Form of Assignment Form of Consent 12 AGENDA ITEM N.._Z- � JUN 2 2 1999 Pg. V r- ffiIBIT K AGENDA/ITEEk� A 2 2 1999 Pg PARTIES AND DE9oPjn Oti OF.PR0PERTY r 1. SALE ANID PURCHASE: (+gapes T WA G_L_te...►� �� 71trrIAa i O --- 4 agree to ad and buy on the Ums and 6mditm al: A! cl below tots property ('Property') dualbed as: o Address: Legal Description: 34-f od of ma -gee} ai! tad ■ 1.25 crease , r t Section 28. Townhhin 48 RAngp 26, rnl _inr (`nint�� i'lnriAte 10• n• 1r fiduding all Improvements and the follow Q addttlorai popery: 13 PRICE AND FIINANCM 1r 2. PURCHASE PRICE $ Ag - am p&AM by Buyer In U.S. Antde as blows; tot• (a) $ 6.500 Deposit recelvod (dutch are aA*d to deerar>oe) Amps mftmx l9 by 1a• •u • br (Escrow Apertt') 17 tot' (b) $ "'0` Addltiorml deposit to be melds by 19 10• sr 21• u 2x N• 25• a zr• 2e• tea• Sri• 3r M. 33 34 IS 36 3t• 38• 3e 40 41. 4V 43• 44 u �a e w so at Sr tea• Sr aw 61 Total Artwxkg (see Paragraph 3 bd* Wpm as a dolor amount or perowtage) (d) $ "4' Other: (e) $ 58,500 BeJttrtoe to.dose. (not inckrdirtp Buyer's dosing costs, prepaid soma and pmrations). An funds fW6b do*Q'rT&* be pelcl~,W4=* drawn cashiers check or wired furxls. yy (f) (complete orgy If purchase price will be detemllried 660 on a per unit cost instead of a fixed price) The unit used to determine the purchase price is 0 loth] acre 0 square scot 0 other (specify: t prorating areas of less than a full unit. The punt ftass price wp S-52 MID par unit booed on a cakxdatlon of total area of the Property as oerttfwd to Buyer and Seller by aFtorlda= ioensed surveyor in accordance with Paragraph e(c) of this Contract. The following rights of way and other b6 exckxled from the caloWatbn: Syr f.,y 3. ,. 0 (b) This Co *act Is contingent on Buyer qusityltp and obtaining to coma vnerttfal or appmvai(e) apegeed below within dare from Ellective Date (s left black then Closing Ogle or 30 days barn Hlective Dote, wtkhww occWV unfit. Buyer will apply for financing within days from Elec.•tive Data (S days If bit blar" CAppicatlon Peeled-) and will timely provide any and at creep, wnployrrtertt, fhardal. and other irtforatao'on m*Ared'by the lender: it Buyer, WW<sing cogence and good taltt, cannot obtain the lirtanCirtg, either party may Cancel this Cortarliot and Buyer w% ream r aA tttb evidence and a�aveys provided by Seger. and Buyer's depoel(s) will be retuemed f Agent prow authortration from ail interested parties. Buyer will pay al loan expenses, ktckd+tg tux isndrartcs O (1) New Financing: Buyer "I secure a oommttment for new fl f�ge $ or of the purchase price at Line prevallhg interest rate and B er was p Seller and Broker fusty informed of the loan application status and progress and authoror or mor broker to disclose ail such Informailon to Seller and Broker. 0 (2) Seller Firmidng: Buyer wll execute a 0 first O second money note and mortgage to Seller in the amount of $ bearing ertrxtal Interest at %and payable as follows: The mortgage, Woos, and any aeaxtty egreerrtertt will be in atoeptatle to Saber art* wM follow forms generally accepted it the court whore the Property f pnrrkls for & late payrTwit lee wd soodwation &t the mortgagee's cpllon I Buyrsr debrltx will Ova tipitlo piaM wiltrx t penally al or part d tho pri Apel at arty *neM with 6 devevt only b date of payment; will on convsywtoe or sale; will provide for release of contigt"A portals. l applicable; and wll requirie Buyer ty inetranos on the Property, with Seleer as Additional nemed insured. Buyer authorizes Seller to ob rtployrrtsnt and other necessary information to determine aeditMrorthiass for the finwtckV. Seller wtthh 10 days from EffectNp Date, give Buyer written no5ce of whether or not Seiler will mdse the ban, This is not assignable wow Selier's written consent 0 (3) Ma lllpge Assunrtpt§orr vd telae t;Mo olt>]eot b grid arsaurrm and pay edotlrtg fret rttorlgage to t.Ne In Ott approodrnee arnwtt of $ currently payable at S ttokxtltp pr1nc4x . thereat. O Ww and ho renoe wtd having a 0 bed 0 other (die) Interest rate of % which 0 will 0 will nbt swelebe upon aswiTlption. Any variance h the mortgage ws be &**Sled h balance due at closing with no ***bat to purohate prim Buyer will purchase Selves eacrow a000unt dollar for dole. l ttte laxler dopprovee Buyer. or the intmerd raft upon tronshr exceeds % at tits ammig o Wtr&nefer fee exceeds $ , either party may elect to pay ttts wtoeas, falM Whitt, this w OLi081tNfi w 4. C11.011111NG DATE OCCUPANCY: Thb Ca ft" vial ba closed wd tit dead and possaesio I doMrW on or balers sot .« aiierrirat 1 ti wee M Id i by Other pro+Adww of title Contract, It on aoertp Date I;surance tee b b s crtdartnxptrtg susp&rxtad. Buyer mar poatpofts woetto tQ days. ere MWUUendeellierL.._%L --j r@cbtdaccpVditpeg%whr3tIsPapel VAC-2 I 01eae FW t AM dmftn or ft%Xrta* M 11 M rlN~ AGENDA ITEM 4. - JUN 2 2 199 P &.� 1 W Q. %AAKMrvu rV%A0=J rW %AJ6. . We insizance frills" Otow for Isis OWWA a a bAMMfl the We birtdar alleeara WW a" arid a�oofdng d Btgrers dte� cbairtp peat tit tlebtaae at doattp rr nest sate pevosedt n tltalar and 4atdiltpe leas b Bioiter U ore per Paragraph 18. In taGtdrl Or b attar u pwom ~ In tMt too *iA Sdw wtd 9&6w Apq tit harts 1 & --, I 70 (a) 8*W Cosda Slier w/ pay taxae an ale dad! end reoortltp *es for ebarttatts needed b are fldp aertilecl, Fl* C*16#'4 end 111difled specie! eaeeee "A Meth d b evidence a eppbabk trdW Pefeli W $1: Otter. 7r rs (b) Buyer Costs: Buyer w91 pay taxes and roow*tg fees on notes and mortgages &nisi retarding fees on the deed and ra issue rata,•�nrV stAtlone: survey : pondanos I� lender's lids pocky at the sintulterieous 76 (c) TfU* Evidence and Insurance: Check (1) or (2): D (1) Seller vvtll provkte a Paragraph 8(a}(1) arvnet�s ttfe hsturanes corrrthltinent 8s title evidence. OC Seger �i. _ . . rr wtl select the title agent. Q Seller 41 Buyer will pay for the owner's cite policy, search, examination and related as charges. Each party will pay Its own dosing fees. 0a t] (2) Seller will provide title evidence as sped sled In Paragraph 8(442). a Sellers Buyer will pay for the owners tltle as policy and select me title agent. Seger will pay fees for IrTle searches prior to closing, including sex search and ben 62 search fees. and Buyer wig pay tees for no search" afw doslg Or amyl. Oft exartttndon hiss and dosing tees. a (d) Proration. The following Items will be made current and prorated as of the day before hosing Data: real estate a tax". Merest, bonds. assawnernts, leases and other Property a vense" and revenues. If texas ar)d aasessrments for as the current year cennot be detaRr11r1e % the previous year's rates will be used with aOAetlaflt for any awriptloris. as (a) Tax Withholding: Buyer artd Seller will comply with the Foreign Invasirrient in Rasf Property Tax Act, which may err requrs Setter to provide additional cash at closing )f Seiler Is a 'foreign psraon' as daunted by tbderal law. as PROPERTY CONDITION 6o fa. LAND USE, Seller will da war the Property to Buyer at the time agreed in Its preeerit 'as la' oondlon, with conditions so resulting from Buyer's inspectors and Casualty derttage, If any, excepted. Seller *I mahtoln the landscaping and 91 grounds in a comparable condition and wr7 not ertgatge In or permit any ectMty that would rnaterlaNy after the Property's 92 condition without the Buyer's prior written consent. 9e' (a) Residential Property Only: Seller mpresentS that, other than 94 Sober does not know of any teas that materially affect the value of -ft Property other than those that Buyer Won or can 66 madly observe, or of any violations of governmental laws, rules or regulators applicable Za the Property in its existing use. se (b) Flood Zone: Buyer Is advised to verity by survey, wfth the lender and with appropriate government agencies which 97 flood mete the Property Is In, whather flood insurance is required and what restrictions apply to irtprovhg the Property and a rebubdrtg in the event of casualty. a (c) Government Reguletion: Buyer Is advised that changes In government regutadone and levels of service which 100 affect Buyer's Intended use of the Property will not be grounds for canceling this Contract if the Feasibility Study 101 Period has expired or if Buyer has checked choice (d)(2) below. 102 (d) lnspeatlons: (crick (1) or (2) below) . 100 O (1) Feasibility Study: Buyer will. at Buyer'" expense and within --3C_ days from Effective Date Fessbily Study to,- Period), determine whether the Property b sultabie, h Buyer's sole and absolute discretion, for D7'm 10$• use. During the Feasbky Study Period, Buyer may ooncluc^t a Phase I envirorrrtentai 106 assessment and any other tests. analyses. surveys and Investigations ('Wpections") that Buyer deems neoessary to 1or determine to Buyers satisfaction the Property'r enpktesdng, ardiltim tral and erivkontri nta properties: zonhg and ice zoning restrictions: subdivision statutes: so l and grade; avatsWlty of scossa to purbrc roads, water and other 106 uttt ties; oonsistancy with local. ache arid reglonal growth management pie. avalsbWy of permits. government 110 approvals, and licenses; and other I nspecfta that Buyer deems appropriate to determine the Property's sulta' 111 for the Buyers intended use. fi the Property rnust be, , Buyer will obtain the rawning born the approt• 112 government agencies. Setter wit sign all documents Buyer Is ro**W to Pile In oonsectim wah development, 113 rezoning approvals, provided Seller inaxe no vvense or k blGty in the application process or related proceedings. 114 Seger gives Buyer, its agents, contactors and assigns, the right to voter the Property at any time during the Feasibility 113 Study Period for the purpose of conduc*V Itepections; provided, however, that Buyer, Its agents, contractors and 11e assigns enter the Property and conduct Inspections at their own risk Buyer wig inderrniy and hold Seller harmless 117 from losses, damages, costs, cWms aid expenses of any naGxe, fnduding attorneys fees, and from Lability to any 1la pennon, arising from the conduct of any and all kupeetions or any work authorted by Buyer. Buyer will not engage In 119 any activity that could result In a construction Yen being Sed against the Property without Seller's prior written 120 . consent. tf this transaction does not dose, Buyer wilt, at Buyer's expense, (1) repair all damages to, the Property 121 resulting from the Inspections and return the Properly to the condition It was in prior to conduct of the inspections, 122 and (2) release to Seller all reports and other work generated as a result of the Inspections, W Buyer wig definer written node* to Saber prior to the expiration of the FeasbIty Study Period of Buyer's +sr detemninaton of whehur or riot the Property lie acceptable. BLWS IlAn to oomph with this notice reclui ertwnt tee Will oorsUwte aooeptavmoe of the Property as auftat$e for Buryer's Mended use In Its 'as b' ow4don, if the Property 127 terminated as of to the day after the Feasibility Study period ends and delivered depoogs) will dbafterdEscrr ow 126 Agent receives prosper authorization fromW interested parties. 129• O (2) No Feasibility study: Buyer is sWbW that the Property Is atAgnble for Buyers purposes. including being 120 Batlelkd that either pubic sewerage and water are ah!e i" b the Property or tits Property wo be approved for the rsh In"tala Ili n of a wit atrdobr p0ab sewage deposal rplern and that a6tttatlrtp X10 6W orsr pw* nt regulations 132 and resbiodons. such as subdivision or deed restrictions, concurency..9_vwlA nwwpertsrtt end envktxnnhental W conditions. are acceptable to Buyer. This Contract Is not contingent on;u = any Arthur Investigations. 194 7. RISK OF LOSS; EMINENT DOMAIN: If any portion V the Property is materSeily, elerm. pea by cesuaky before dosing, 136 or Seiler negotiates with a eovernrnantel authority lip transfer all or part of the Property In lieu of anthuft domain proosedrilA 136 or It an an L" w domain proceeding is khalated. Seller wit porornpliy Worm Buyer. 80m party may cancel this Contract tor+ bywrinan notice to the otharwlfti with this Contract and 10 reo psyff** riteds by Ih goverrwt aulha� glimasmoe aeon' hy, i anyy. toe •IM E us a TITL& Serer YA cwvoy marketable We to ft Property by sW ulimy warranty deed or buste s. perrsahaf representative 141 or guardian deed as appropriate to Sera's status. (act IN& EAlattose Ift evidence v0/ chow MOM amses to the Propsity and marlletabls 110" d record In Seller In +mfr accordarmce with tomtit title standards adopted by the Fiorfda Bar, ed:(sct only to tits tale a000epRione, none r Nor +w which pram raaiden0at use of tit Property: om wnts, sesenwtta and taaltlOGons of ra00 la Zor>inp end poverrmrrhsnt raperlatlons; oil, yM and sthMteral A" d r"oord r liners it no r! r a entb6Gdl d 146 rrnortgapse tbet Buyer wr assume; and enocrrmbrano"e that Beier wa derharg at or Wfae Seller will, prior t 14r Buyer t I end Serer II U eckrhonfsdge MOW of a acpyd" pisga, mkltidt lies 2 a VAC-2 12rae M"eb r'lOfNe A,lsociamkn ef fin o lA M lByld<iilerMrf JUN 2 2 1999 Pg. k0 .., IV ,1111 >ot�ltie rvrda 4% tfnMictt mired be peneMy +.e• thitteieoiad typoj. t3ader t use tlplion Min 1s, hj A tits eitoa 0olttrjtitmie[*#QU9d by a Fai*ftlrald title interlace in tits wOuitt d to ptxt;hese Price u2 aub)ett orry to uft m:ceptlona set ft m ki ttk Contract ,ra M An existing abstract of tide ism a repurtsble and e4ft tsbstrad firm Of firm is not w6 tip, then abstract must be 164 ' certified as oonect by an exbft "'pwpdt tg to be an accurate synopsis of the hstrtrttertts affecting title to the 165 Property recorded In the public moords d the county where the Property is boated sod oartlAed to Effective Date. +56 However it such an abstract Is not avaaebie to Seller, them a prior manes We poesy scceptable to the proposed insurer +,r as a base for relssuance of coverage. Seder will pay for copies of all policy exceptions and an update in a format I&S acceptable to Buyer's dosing agent III= the policy effective date and Certified to Buyer or Buyers Closing agent. 12,2 together with oopes of all documents recited in the prior policy and in the update. If a prior policy is not svattable to too Seller then (1) above will be the title evldsnaL We evidence WE be detivered no rrter than 10 days befaro Croft pate. 1n, (b) Title Examinatiom- Buyer will exwr*w ftte ale evidence and dellm written notice to Seller, wIft 5 days trom receipt +p of title evidence but no later then closing. of any defers that marts the title unmarketable. Seller will have 30 days from 1er3 receipt of Buyer's notice of defects ('Cursttve Period') to Cure the defects at Seer's expense. if Seller ousts the 16: defects within the Ctradve Period, Seder will deliver written notice to Buyer and the parties will dose the transaction on 106 Closing Date or wtthtt 10 days from Buyers ntoelpt of Sefbes notice 9 Closing Date ties passed. If Seller is unable to 106 cure the defects within the Cursors Parioti, SWW will deliver wrlfMrl notice to Buyer and Dtryef will. within 10 days from 16r receipt of Seller's notice, either carrots title Cantrad or accept this with exiting defects and dome the transaction. 160 (o) Survey, Buyer may, prior to Closktp Date and st Buyer's expanse, have the Property surveyed and deliver written IN notice to $eger, within 5 days from receipt of survey but no War then dosing, of arty setaoaohtnenb on the Property. Ira encroachments by the Property's hlprovarrnnts on other lands or deed restrictlorr or zoNng violations. Any such 171, encroalynent or violation will be treated In the same MOWN WN as a We defsd and Buyer's and t3sWe obigations will +>z be determined in accordance with (b) above. tl any part of the Property Iles astswand of the ooaatat 1r3 construction contl dame, Seder wo � wMh an afkWA or ativey as roqulred by law deenaatlng the line's 174 location on the property, unless Buyer waives finis rmoArement in wridng. 1'5 MISCELLANEOUS 1711 9. EFFECTIVE DATE; TIME The - Effective Date' of this Contract is the date on which the last of the parties hhb!s or +7% signs the latest offer. Time Is of the essence for all provisions; of this Contraot AN drns periods will be computed In 175 business days (a 'business day' ts'ev"eiy.'callShdar_cfa)cf ;.SsttxdaY. Sunday and national legal holidays). if any +70 deadline falls on a Saturday. Sundaylor`na�diiel'bpol 1'l1 1*lbrrnance will bo due the next business day. All time 1110 periods will end at 6:00 p.m, local time (meaning In the eointY44vMM the Property is kx:ated) of 1M appropriate day. 1a1 10. NOTICES: AN notices will be made to the parties and 196(asr (iy'ftW* personal delivery or electronic media. Buyer's 1112 failure to deliver timely written notice to Seller, when such nod a.ia"ctuk+ed by this Contract, regarding any contingencies lea will render that contingency null and void and the Contrad wig bi.obriatrued as If the om6ngutcy did not exist 111+ 11. COMPLETE AGREEMENT, This Contract Is the entire agreaolert beMreern Buyer and Seller. Except for brokerage 'as agreements, no prior or present agreemafts wii bind Buyer;- 'T`a`ille�r'or Broker unless incorporated into this Contract tae Modifications of this Contract will not be binding unless in wr6-4j ipned and delivered by the party to be bound. Signatures, ,v Initials, doarnents referenoed in this Contrack coui ftpatt: and t tits aabns eorttrtrrticeted ebel<oricaly or on paper see will be acceptable for all purposes, I idurs daisy, and will br -Ftardwritten or typal~ tierrrte bserted In or IN attached to this Contract prevaE over preprinted temis. If any provision dthis- iorrtrad Is or beoornaa Yivim or unenforceable, 1110 taut remaining provisions will oontlnue to be fay effective. This Contract will not-be recorded in any pubic records. is, I Z ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Qortbut without Seises written oonsert. The tents 192 *Buyer,' 'Seller,' and ' Broker' may be shguter or pltrel. This Contract is I1hft on the hats, administrators, executors, 113 personal representatives and assigns (d pemlitted) of Buyer. Seller and Brokq_r. 1a+ DEFAULT AND DISPUTE RESOLUTION 1910 13. DEFAULT: (a) Seller Default: If for any reason older than falkre of Setlerto make Settees title meri oteble after dattgent effort. 1w Seller fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyers deposit without roe waiving the right to seek damages or to seek ep90tlI- perforrrm Ice as per Paragraph 16. Seller will also be liable to Broker for ,94 the full amoint of the brokerage fee. (b) Buyer Default 9 Buyer taps to perform this Contract within the tine specMed, Including 199 timely payment of all deposits, Seller may choose to retch and collect as deposits paid and agreed to be paid as kodated 200 damages or to seek specMc perbTra ce as per Paragraph 16; and Broker ", upon demand, receive 5096 of al deposits 201 paid and agreed to be paid (to be spit equely among 000pm ad brolw0 up to the tul anti of the brokerage fee. 202 14. DISPUTE RESOLUTIOt* This Contact wa be conolrued under Florida Iew AI cantroversim claims. and other matters in = question betweert the partles arks ng out of or nlW hp to this Contract or Its breach wli be settled as fbeonve: we (a) Disputes c:orroerning entitlement to deposits made and agreed to-be made: Buyer and Seller vA have 30 days from 2x the date conflicting demands are made to attat>Ent Wised the dispute through mediation. If that fads. Escrow Agent 2% wig submit the dispute, If so required by Florida low, to Escrow Apsnt's choice of arbitration, a Florida court or the 207 Florida Real Estate Cortrniesron. Buyer and Seller will be bound by any mo.Itting setbenwnt or order. am (b) All other disputes: Buyer and Seder wi have 30 days from the date a dispute alses between thorn to attempt to 2w resolve the matter ttthrough rnadladon, falling which the parties will moot" the dispute ttrouph neutral bindi,g 2w arbitnetion in the county wham the Property Is located The arbitraRor may not aher the CanOact Mans or award any ^t1 remedy not provided lot In this Contract. The award will be be On the'yrester weight of the evidence and will :12 state findings of fact and the oontraatuaf a9Ahortty on which It Is based. it the partles amres to use discovery, it will 213 be in accordance with the Florida Rules of CPA Procedure and the arbitrator will resolve ON discovery- related 214 disputes. Any disputes with a real estate ecerreen netted In Paragraph 18 will be submitted to arbitration only if the 215 l censes's broker oonsents in writing to beeort+e a party to the proosedi ng. This clause will survive easing. 216 (c) Mediation and Arbitration; ExpoFmw 'MettWJW Is a process to which parties altert>s7t to resolve a do" by 217 submitting it to an impartial nedeom who Iecteees the reeoluIlon of the disix a but who Is not anpowered to imposs a 21s settlement an the parties. Medletlon will be in s000rdanos with the ales of the American Mediation Association or other 219 mediator agreed On by the partim The pants INS squiy divide tits Irlatiail a Ms. If w91. '/1d*AMort' Is a process In so vNtfoh the partlea meolve a divu b by s lne— m befde a fNt*O pumon who tiaddee the neW aald -Nose deofalon Is M binding on the owtM. Arbiraoon w/ be bypaaalror m m jenoe writ the ribs d the Mtsioart Arbbidort Aeeocletbn or corer 213 attorrney a f�and WE equally Vft fins aRtlraiaae' 1 M adrtttlletrstl�vs firs d ar WIND , r0 n4' , ' Buyer v� 2 T�71ti� L,,, d Assode'don�o � Rr.11r d a mpy of this peps, AGENDA ITEM Is PG*3- 3 JUN 2 2 1999 Pg.—S5—�, ESCROW AWNT AND BROKER .s. 1§� ESCROW AGENT• Buyer arts t3dw authoft booty Apt to recede. deposit and hold fields and other tartti< In ar escrow and, su*ct to delawo a, d%burse them Mort proper auf italtion and In accoadanoo v ttt the twins of this = Contract. irkdstg disbursing bokwapo few The pertlea agree that Escrow Agent will not be labia to any person for W tradeivory of escrowed horns to Buyer or Seiler. unless the nlsdedery Is dub to Escrow Ap Wt WW bread of this rao Contract or proms riegipenee. K Escrow Agent Rtterpleads the sub)ect .otter of the escrow, Escrow ADAM will pay the 2m fling fees and costs fro. the deposit and: w11 recover reasonable edtomsys' tees and coats to be paid from the sn escrowed funds or equivalent and charW and awarded as pout costs In favor of the prevWWq party. Ali claims m agairdt Escrow Agent wig be arbitrated, so Tong as Escrow Agent consent$ to arbitrate. 231 16: PROFESSIONAL ADVICE; BROKER UABILITY: Broker odAses Buyer and Seiler to vo* d facts and represent& xis that are I nportant to them and to consult an appropriate professional for legal-advice par example. Interpreting contracts. rx M&,rrwtirtg the effect of laws on the Property and trarrsactton, status of tide, foreign investor reporting requ irwyartte. etc.) 23r and for tax. property condition, wr4ronmental and other spedattred advice. Buyer ackrvMsdges that Brolwr does not aye reside in the Property and that all representations (oral, written or otherwise) by Broker are based on Seller 2W representations or pubic records unless Broker k*96 tea personal Verification of the representation. Buyer agrees to rely m solely an Sellar. professional inspectors and goverrrnentai agencies for vearft ation of the Property condition and facts t<+ brat materially affect Property value. Buyer and Soper respedhrey will pay all costs and ao;ert gas . hdudng reae0nabie sv attorneys' fees at all levels, incurred by Broker and Brokers ofAcas, dholors, agents and employees in connection with 2.3 or arising from Buyers or Seder's rtr'am 1 la nia or falure m perform contractual obtgadons. Buyer and Sealer hold 2- horrrtiess and release Broker and Brokers officers, directors, agents and employess from so liability for toss or dwnage 24 based on (1) Buyers or Seder's misstatement or tttulra to perform oontrattuel obligations: (2) Brokers perforamnos, at W Buyers and/or Sellers request. of any task beyond the scope of services regulated by Chapter 475. F.S.. as amended. ay Including Broker's referral, recornntandation or retention of any vendor. (3) services or products provided; and (4) " e vertses Incurred by arty vendor. Buyer and SeMer each N L11 - I full tae * ability for ssie r V and oorttpartntlrtg thek ze witht o party to Contract paragraph rv0 surv)ve closing. For purposes of file pragraptt, Brclaer 25t 17. BROKERS: The gcensee(s) and brokerage(s) minted below are collectively referred to so 'Broker.' Seller and Buyer that ths brokarageW nwred below am the procuring cam of this tronsamforL Instruction io Cloeft Awnt = SeleBuyerr direct closing agent to disburse at closing Ifte idi amount of the botaerape fan as ipedlied in separate sss on from the escrowed Hands In the mice of such bakaspe sp eanertts, dosing agent will disburse brokerage fees ore as Indleated below. 23r Naples Realty Services. Tac. 259 ftwep teCbrree ArofFarerotb•Meo aw &ds/ &o4rap0 i Lou p&SA as Able' /a, in we or by buyer at P71 OW 0 . • • a-• mr 18. ADDITIONAL TERMS: receipt of notice from wr Seller to Bu er or eve l 99 whic eve s aM art be re s n art and recording cos s_ ass• xr air aw 2m This Is Intaoded to be a Mg* binding oontrocL a not ft* undenitood, seek five advice of an attorney prior to signing. V1 OFFER AND ACCEPTANCE err (heck if applicable: O Buyer recelved a written reel property disclosure statement frorn Setw before rnoW ng this Offer.) 2m Buyer offers to purchase the Property �n lj fie acrd oortdtb tlttlesfr this Contract Is ogMd by SMter and a sir copy deivered to Buyer no later then t O pun. on 6t— tT 1g 99 this offer wit be vs revoked and Buyers deposit reGnded N of of hNids. for Co+('�m }I'^q 2rs Dote ZA Buyer: Tate GSM 2M �� Att ow. « net cal �n tar Date! a Hn W W Rhone: aer Fate err Date• 1 air mo ��S Tate 1ar88Ne a q�-r)%j err Date: Seaar Tex a VWW. aw Pftnww W Phone: Addraatr Zti u air Fax 9x rte, LeAAecktc-t oUOL ur O Sellw counters Buyers offer (to woo the oanl r oast, Buyer mret put or Filial to oo~ oared banns and deliver a aw copy of to aooeptonce to Seder by 5.00 p.m. on - -18_). O 8elter ejects Buyers offer . sty 1 sue" Dda ma drib on wffkb ft hd pat s"W erMaled aooepWtoa dlheflnat oAara a" &WL --j f : tandSaferUUadanoM099reoeptdaDopydfiepage ,wtichisusage4of4 JUN 2 2 1999 Pg. "11 Q� �n, cu -c� Inu tc'9r P.02 r 14% — i %rmr.5r a i r wrt rte P. 2 ' PARTIFS AND DESCRIPTION OF PROPERTY r 1. SALE AND PURCI -ME: as FraAcie ("Sdfler� r and _ G.V. Solaea of Navlea Aeaco ates. Ltd. < agree to Solt art& buy on the terms art& c ort0fons spsclASd below the prop" rpmparr/1 desoAbed as: - r8uyvej s• Address: s' Legal Daicription: Sect—ion 28 — 48 — 26 B 4 of 62 of p4 _H 1� r —A rr Including all irnprovutnants and late following additional properly: 13 PRICE AND FINANCING 1•' 2. PURCHASE PFIICC: payable by Suyw in U.S. funds ss Wlowa; IV Oepoot 060016060 (chat!& ar%e b 3 days after a� p f u• * (� s""b a {� RuAen,McCZds a ovr r nerrx +r (b) S ' 0' Additional dspoeA to W made by 1 P is' (c► -0- Total Finenchg (see Paragraph 3 WOW) (express as a dollar srmourtt or percentage) Other: _%' (e) S Balarfbe to dose (not hCkxft Buyses dosing costs, prepaid h ms, and proration). AS Z2 funds paid W dosing rrtuet W W4 by locally drawn peen a oheac or wired Woe. zr 7 M (complete only If purchase price will be determined bssod'00 A per unit cost instead or a fixed price) The unit '"' used to determine the purchase price Is O lot iS sore 13 squ" foot 0 other ppWfy: 1 sr pror3ls1g areas of lose than a full unit. The purchan prig wit be'j SIA dUO .00 per unit based on o ceicutatlon of x toter area or the Property as cenlAW to Buyer and Sdild► by a Florida -liev eed surveyor in acoordance with Paragraph 2'r' 8(c) of this Contract. The following rights of way and oVw areas ell be oxoluded from true calculation: ar 2P 30" a (b) True Conttaat Is cant! Qwt on Buyer.qualiyhp and obtawng tfte 0WsrAm0n(W or spproval(el1 specified below wfthin — days from Eftective Date Of W t bW* than Closing Date or 3D'Wys from E foctM Bata. wh1ohavor oomn fhtO. Buyer sr will apply for fetanr:ing vw" Wye born fEluto Data is days F lit b1sr" tAPpioaUon Pa imn will tfineb provide m any and o• ereda. fit. Ment:let and other Wormatlon required by the lender. 91h r, aft doga%ce and 9000 faith, cannot oDEe u t the fnarrclrtg, etltter party may Cano01 tHa Coroxt art& Buyer wfif 9elldr sY otro avidertco os and surveys prwAded by Senor, and Buyees depod% will be retusrod agar Escrow Agent proper suthoftloon from t� interested parties. Buyer will pay al kw expenses. Ytdudirtg the lender's tilde Insurance s+' :.:n (1) New Financing: Buyer will sedum a commitment for new third party for S or 3r 9t. of the purchase price st the pmvaOng Interest rate and loan ooats. r will keep Sailor ar+d Broker fufiy 39 Informed of the loan application status and progress and authorizes the der or mortgage broker to disclose all .o such Information to Seller and Broker. ' O (2) Seller Financing: Buyer will execute a O first 0 second money note and mortgage to Seller'in ti-,a amount of S homing annual interest %and payable as toiww3: .o• The mortgage. note, and any security agreement will be form acceptable to Seller and vvlil follow forma paterally .s accepted In the county where the PropeRy Is boa will provide for s late payment fee and aooelsrotlon at the .a mongagee's option M Buyer detaults; vvAl give Buys ft right to prepay without pwdty alt or port or the pea-4pal at any .r times) *10 Interest only to data of ma um due on oonwayanoa or saisc will pwMs for release of oorn89%rous r pw%mW tf a�ppicabls; and will rewire Buyer hbilyr iroxwes On it* Pmpwty. wuph "IV Y additional named a Insured. Buyer authorizes Seller to 0 09 . Mnpayrnsnt WW other necessary Information to dstemdmo so creditworthinses for tits Onanoitg. Sol will, wtlhh 10 days from 8%o" Date. gM Buyer when notice of whether or DI not Seiler will make the loan. This Is not assignable without Sondra wrA W consetlt. u' J (3) Mortgage Assumption: or will tale oft suit od to and dsourTe and pay exisG't0 fret mort" to $'s' _ W LNIf in the approxhmto amount of 2 owantly payable at W 4 month hOAxWG WVOipA httl veL 0 taxes art& haNfa M and having a O &W O other W (ditwt* err hterest'rste % watch 0 wN O will not eactilatr sport ss uffV On. Any vertartce in the rortgage will he w ad) VAd in tits, balance an at dodrtg with no acrsln aM 1e purchase Pale. Buyer will purchase Seilero escrow er account dollar for • n the in do dsappriovu Bayer. or Sts Inlstitst rata upon frartahr &%oaeda % or d- ec anumption/transht Toe exoesda s Daher psrlar may elect to pay the exoses, ft ft which this s, loo t+shsrted. a: CLOSING w 4. CLOSING VAT!:; OCCUPANCY% This Cur4rect wa be olodad and ow dead erxt possession ddsvered on or before a•90 Qav eptALtwenlove extended by other provislom of this Corttraot. if on Closing Data insurance m ��rI!L--Jovftw �. is auapertded, may p�por» ablkp up 10 6 dale. W &W aletraraau aaraoMxrxaaoAroft ►ieltaos ► w+Wief °e0e1 d 4 PsOSa• VAC-2 11011e gtssa Hewes A.aea mil d RrxtaaB A pa" liNlr is N0. Z'j-( JUN 2 2 1999 Q, Jhfl-eb-ab into le;4d err n• rr n r4 tt Tr rr rs err u a to M s s s m to F sr w ss n w w tee ,Ot „r 'or Mr rot• roe ,or 106 rot .,o „W n,a „3 1,. 116 116 ,n +,c r:! ,22 +n 124 'n in lay rte ,=tr ,so s, 132 ,era P, 03 `1� P. 3 a GLOSWG PROCIMURIt CC, . dt 1f We Insurance Insures Buyer for sae I ecta _4N be"on the taw bihoW ertec4ve data and reoorCkV of BLWA dead 0101 !p tllgartt WO dl1111AM at dosing fits net We proceeds to Seller and brouarttge tees to &oIMr es per Pttraproptn t 8. Yn addition to ofhtx expeftset Arovldsd h this COrrEraet. Seiikr end Bepror tAf pear ttte oottts ItetGotad belay. tea Seiler Costs: Seller well pepr MM on the dead and recording feet for documents needed to dares tffe; cerMed, confirmed end ratl}led special assessimeM Yens; atle aHdence.(f applicable under Paragraph 8); Other: (b) Buyer Costs. Buyer will pay taxes and rsoording fees on notes. and m artoVes and recording teas on the r- and financing statements; loan expanses; pandhg epaeral essaasmertt Gent; lender's title policy at the simvftan issue rate; Inspections; survey and sketch; insurance; Ofher: (c) Title Evidence and insurance: Check p) or (2): _ Q (1) Setlsr wtl prwtdo a Pe►Agrep)t 8(sXI) 00,"Gra tVR in9ulsrtoa t�rrtmltmint ea fate eviderpe. O Seller Buyer MR select the title agent. Q Setter Buyer wig OSY for the owners this policy, search, examhation and elated aiargas. Escis prwty Wwl duty Its awn oslno rose. j (2) Sailor will irr%M0c 11tle cridFnco as speraned In Paragraph s(OX4 u Sealer U Buyer will pay for the owners title policy and select ex title avant. Saw wit pow fees for We searches prior to posing. induclim tart seorah and lard search fees, and Buyer wlt pay fees for Clew search" after 01100V ft any). t tl* sxarnlr ation tees and Cl%Mng tees. (d) Praratlons: The following Items will be made current and prorated e4 of tits day beta Closing Date; real estate taxes, InIgrsel. bonds, anseernents. teases acrd other Prop" w45onesa arts revenue& a hones and aaesesrrwis for the current yaw cannot, be determinod,>! o prievious year's rates will be used wish adju6trrient for any axerlVtlona. (e) Tax Wfthhold(ng: Buyer and Seiler will comply with the Forelgn Wwo6trncint let Red Prop" Tax Act, which may require bellor to provide additional cash at closing M Sailor is a' foreign person" as defrod by federal low. PROP9FrrY CONDMN G. LAND USE. Seller will dsiver the Property to Buyer at the T;irne agreeld In Rs. pressnt 'as is' condition, with eondtbrs resutdng from Buyer's Inspections and casualty damage, if any, excepted. Seller WM maintain the landscaping and grounds In a comparable oonc000n and will not enga0e In or parmit any acttvay then would "Werlsiy elder the Property's conown without the Boyar's prior wMan consent. (a) Residertaal Property Only: Seller represenu that, other than Seiler does not know of any facts shirt materially affect the Yak* of the Property other than MM that Buyer brows or can 4 live or or violations, of gorernmigr N laws. rules or rogutntiore applicable to the Property in its wds" vsa (brs) d> Sod Zeno B er is aavtsed to, verify by survey, with the 4@Ww end with appropriate govenvnent agencies which flood zone the Property is In, wttather flood Insurance is required end what reetrlotionsi apply to Improving the Property and rebuilding in the event of tasuaity. (c) Government Regulation; Buyer Is sdvised that changes. In, govwrtment reputations and revels of service which affect Buysrs Intended use of the Property wif root be grounds for canceling this Contract If the Feasibility Study Period hie erprraa or It Buyer has oho0wd choice (d)(2) below. ( lnspsctlons: (chic* (1) or C4 bNot+) Featsibilll r Study Buyer nom, al t3utrer'a etuperwe earn within days tom Eftac" Date ('Feagarty Study �(,) nod'), determine whetlner tine Property is sultibia, can 8tgrws sots end absolute dworetion, Tor t },S use. Durhg the Fsaebllry Study Pared. Buyer envy corxtuct a Fleece 1 ervvirorxnsnlai essesamartt aria any other lases anaf)roaa, sunroys era fnvesUgatioro Cinspecaona9 War Buyer deems neesssa+y to detemWna to Buyer's etuttatectbn tine Property's englnearirtp, arefYtttcttram and snvirormentai propertlee: zontrig and zoning roetrictiorte; subt9vlslon ststulss; soY and grade: ays+labllIty OI access to public roads, water, and other ut Vo,. conels :y with Ipca►, soots and regional t7ron+th itwtagoiriint Alms aysgabOl�Y'of pomlls, goverh►nsnt approvals. and tloernasa; stud outer ksapectbrne that t3ttytr daerts appropriate to determine ti» Property's suitablItty to: the Buyers tnttndsd u9k It Dta Property must be rezOrtad. BstYts nM1 obWh the raorift frown ttto opproprieto government agencies. Seller w0 alyn all documents Buyer is Mcluired to fee In comwetion with development rezoning &pproviin, provided Seller hours no e>PWU6 Of kloiiAtY in the eppAontlon process, d related proosedin" Seller gives BuyK, Its s®enta, ooe%e0otore end assigns. the eQN W alter the Property at any *M during eta Fasslbft,, Study Period for the purpose of conducting inspeo0ons; provided, however, that Buyer, U agents, COntrectors snO assigns enter the Property ana conduct Inspoetlorts at their ~ risk�Buyer will Indttmnay and Hold Seller herntless from Io. S, dwnepes, costs. claims end expenses of any nature, Itcrudnfl attorney's feea. and from labillty to any person, orisL,p from the oorw*rn of any and 98 I spectlons Or any work authort wd by Buyer. Buyer win not enure In any activity that Could roeult in a Conatruotlon lien being fled against the Property withot Sellers prior Written Wne<o„t. If INS lr0naCffiti0rt does not close. B(ryer wilt. at Buyers expense. (1) !trp0ir all domaflee to the Progeny resulting ero,n the Ines omtiona and return the Property to the condition it was in, prior-to conduct of the Inspectione, and (2) release to Seller all reports and other wont gttnarated as a resist or the Inspections. Bvysr will duliver written notice to Seller prior to Ina expiration of rho Foaeibility Study Period of Buyer's determination of whether or not the Property is acceptaWs. Buyers fellvry to comply with this notice rectrtremenr wilt Constitute acceptelnce of the Property ea aunt ow for Boyar's Intended ure in its '" It' con~, If the Ptopeny ,s unecosptsble to Buyer and wrrdw% notice of thle foot Is fi nay dowered to Behr, tole Oontraot will be deemed TWnli noted ire Of the day after Una FaaalbUty Study period P OO end "sea Ospoett(s) wll be returned attar Escrow Agent reostves proper euUwrlaatlon from all littaif"[W parties. (2) No Feasiblttty &lady: Buyer IS seasded VW the Property Is "libit for Buyers purposes. Including being satiated that etttw public eewerege arts Wplat we avaAable;ta the Property or true Property will be 4p(NOVe0 tar the installation of a wag endlor private sewerW dtepooed ayatern and that exwft 10 nirt0 and c**r pw**rt reguAettOns and restrictions, such as subdivision Or deed restrictions,' oonourrancy, growth management end a nv)ronntentat conditions. are acooptabh to Bayer. This C raot Is not contingent on Buyer widuoehq any flrther invrstigatlons. M 7. R18K OF )LOSS; EMINENT 00"pit, if any portion of the Property is matierlially damaged by corriatty before cboebng. tso or Setter neoot mo wfo a govwrrrtentei auft m to transfer erg or pmt of tin Property In isu of er.*m dernsin Proceedings• Yet or N an eminent domain pr_- dirt0 is Wrieted. Bettor wis promptly inform Buyer. FJther pity MW tarred this Contract TV by written notice to the other within 10 days hors Buyers rsoelpt of 3~9 notNoatton, telling wnion Buyer outs close In ,at accordance with this Contract and re0elve all pttyments made by to government 111,1"Aty Of Insurance oanpony, it shy. net n Eitatutory warranty deed or trustee. personsi representative .b e. TITLE Sealer wlil Convey mentetebfe tide e0 the i°IOpOrry by W or guardlan deed as apP►cP ► late Io $chore status. t+= (a) TMe Evidence; Title avIdenca will show legal 400696 to the Property and marketable trite of record in Selzer in 141 socordance with current ride etartderds adopted by the Florida Bar. 81111146M oorrg�yy to the sokwing title excepwria. none of WM which prevai# rrsklenrial use at the Pt+oPas4- tlo+rener10s, saatrhMlla and iMMictlone Of record; flit A" Of plat; enfstirto to tortlrq artd Qwsr►xrnsrtt rsgulatber: d. goo and mtwai rwta of rim I shore Is no right of entry; &JMWt texee: .w nWenesda that Buverwll sswrns. endenot+rtbrvnoes toes Saw wa discharge eft - betas asosino. 3ldbar wt¢. W" w wr .BtarK & eA end SWr( b II rJ so!d?m'A0d0e � cf, a WW of tlis tea wNkntl is Peoe 2 of a PSOM AGENDA ITM,E���l No.� JUN 2 2 1999 Pg.�— 41111 GU JJ lflu 1G•JU P.04 �.... P. is. r4 �otoskt qenwsnro Buyer •rs oPOna d tfte owksg gDue'al tJ<la Mow,os, yaMch rrx»t be Oenl * -r•• d ,:<ri�,! ,'�dft'r ;i{o) the s•t•c�•d typo). Saltier wig sues option (ty }t it>a�elao�k agnate M JUw i •. r�r (1) A We Insurance commitment Moued by a Floride-Iceneed ft Insurer in the anwunt of tta purr e" price subieot only to tine exceptions set fortis in fads Gontract. - 153 (2) M existing abstract of title ftm-a repuw le and evistinp abstract Arm Of &m Is not existing. than abstract must be ,y. cCtned as Corr*_`!, by Sn existing firm) purporting to be an accurate synopsis d this kwiurnavA affeoev SRN 10 the Sao Property rerorded in L'tc public records or tine county wtws Vie Property 1s located and oenitisd to Efteem Date. Fr vever N sxh an 6,06D tx Is not avagpbie to Seiler, then &prior owner's Vile policy stire-l- Dla 1A tft2 proposed ttstrror '�- as a vase tar mmuonce of coverage. Seller wit pay for copies of AN poky exceptions and an update It a format accerAa5ia to Buyer's ckxsiny agent horn the policy OWN* date and certified to Buyer or Buyers tdosleg agent. lope:her with oeOm of nif documents recited In the prior policy and In the Updnta It a prier poNCy is not avasabla 10 : t Sauer nano i t s eC,7%u will be It* this evidence. TWe evidenat will be delivered no later than 10 days tw" posing Dale. 10' (b) Title Examination: Buyer will o arnrhe the uft evidence and deMrr written notice to Seller. within S days from rec,ekx .e; of title evidences txrt no L'rior than closing of arty defects that miske the title unrr*Ao bi•. t•Itor wi have SO days tram Z receipt of Buyer's notice of defects (`CuraWs Period' to Div the defects at t5MWS expense. If Seller cut" the flu defects minim the Curative PwW. Setlor wm deliver written notice -to Sum and the parties will close the trarnaaeWn on as Gosng Date or vnthin 10 days from Buyers reoetpt of ftgof s trotloe r Of*" Date ha passed U 9~ is trtatbie to +w cure the defects wrtinn a» Custer Period, Setter will delver wwtttsn notice to f3cyar and Buyer will, within t0 days ftm 1r. receipt of Salisrs notice, either cancel I*.Confract.or atxanpt Sipe with a,dstktp d•tsM and otoee the transactbn. ,tl (c) Survey: Buyer may. odor to Cloak,p fete 2nd at 1Suy rs axpemss, have the Property surveyed and deliver wwmtsn 1e9 notice to Saner. wrihln 5 days Iran reosjpt of atXVey but no later tlhen doafrt . of any snoroadwronts on the Property, 'M encroachments by the Property's Impmr4omsm on other (ands or dead resb•louon or ttw*V violstions. Any such 171 encroadvnent or violation vAN be treated In fine aetme manner as s this defect and Buyers arc SeUare obligation wNf ire De determined in accordance with subparagraph (b) above, if any part of the Properly Nee seeward of the coastal '» construction Control one. Seller will provide Buyer %Mth an sflkfa,At or survey we required by law d4necting the Ine's r >t location on the property. unless Buyr•wahras this regtlr,enterw in writing. 17s ' MISCELLANEOUS Ira 9. EFFECTIVE DATE; TiME: The 'Effective Cate' of this Contract is the dom on which the lest of the fxm'tine Initials or MI Signs the detest otter. T1ms Is of the essenoe for till provisions of this Contract, All time psrbds will be conhputed in Ts ,N deadline falls aiaa SaRnday. day' unday orrnnaddoonsil ea�ral day h tA Ada oiswi be clue the eti s* business holidays), If tike 9eo period:! will and at 5:00 p.m. local time (meaning h the county where the Property is located) of the appropriate day. l01 10. NOTiCES; Ai ihot"B wit be ,nade to the parties and BrQk* Oy'rnii, personal delivery or alectronio media. Buyer's 'x facture to deliver• timely written notice to Seiler, when such notice Is regttb+ad by this Contract, regarding any contFhgencies 1as will render that conUrtgency null and void and the Contract will be construed as H the contingency did not adst ,a+ 11. COMPLETE AGREEMENT: This Contrail Is the entire agraertt`srttbefwaal Buyer and taller. Except ft, txokerage 'a agrewsents, no prior or present Agreements will bind 6tyar.'1 dk;or Broker unless ktoorporstted Into this Contract I a Modtkatl0rts of this Contract will not be bindre urftlass h writing, 40" and delivered by the party to be bound. SiQ*Kxua. +er ly or on paper 146 will be ameptacle for d purposes. Inclutfog delivery, and will be bha0�p Handwritten or typewritten ton, irlowtod In or ,w attechi d to this Gontrsct prevail over preprhnad term K amyl prv� Qt tills Contract Is or becomes VN@ld or ts+aYorceable. 190 of remaining provisions wilt corftm to be 1ttly orhollwe. Tilit Con will not be reoor led In any pttllb recur's is$ 12. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Conttltct without Seller's wrttten comment, The terms 142 'Buyer: 'Seller.' and 'Broker may be sktpuler or plural. This Contr*4 Is bindkrp on the heirs, edn,in(sVators, executors, eJ personal representatives and assigns pt parre tt o of Buyer, Geller and Broker. +a DEFAULtAND DISPUTE RESOLUTION its 13. DEFAULT. (a) Setter Default N for any reason other then fail m of Solfer to mutts Sellers the markotable after dftpent effort. ,ys Satter tails. refuses or neglects to perform this CorttreC't. Buyer may choose to receive a ret rM of BUyrs dePO3iitr Mthout 19f iris SA arnoright un of the bbr•okerapee to& (b) B� Meta N performance 6 to perform this Contract width the time spadtted. ItcTuding '90 limoy payment of all deposits, Seller may choose to retah and ooWo( all depoefta paid and agreed to be paid as louldated ,40 damages or to seek specifio performance es per Paragraph 16: and Broker w17, upon demand, receive 50% of aI deposits aw paid and agreed to be paid (to be spot equally among cooperating bracer) vp to the tut amount of the broker afle tee. 202 14. DISPUTE RESOLLMOM This Contract whit be consWied under Florida law. N controversies. dais, and otter matters in era question between the psn)es artsing out of or relating loo Ails Contraat or its Wagon will be settled as tob ao. (a) Disputes concerning entitlement to deposits made and agreed to be fnadec Buyer and Saaar will ham 30 days from soh the data CortAkling dsmari ds are made ib attlen pt 10 tttuio - fM dsptxa through mediation, if that fits, Escrow Agar M will stAwnit efts dispute. If •o required by Florida law, to Escrow Agent's of Woo of orbit raft a ig0fida court or ter raj Awl* Real Estaa 0orrtrn"fam, 8tyw and ftMor will be bound lhr any r"UO g settlamont or order, ace (b) AN other a4Putes: Buyer and .teller will have 30 days from the data a dispute aMas between tram to attempt to ro9 . resolve the matter through mediation, falling which the parses will resort the dispute through neutral blinding :,o arbitration in the county tuners the Property is located. The arbitrator may Mxt otter the i.ontreot loins or award any remedy not provided for In this Controt't. The award wig be Dacca on the greater w**4 of tit• evidonca and will 212 state findnga of red and the contractual authority on which It is based. if the parties agree to use discovery. it will xu be In accordance with the Florida Rules of Civil Proc}durs and the erb&*W wr'1 Moot" AN d400wry- rslsted 214 disputes. Any disputes with a rest senile Woo" named In Paragraph to will be stdmtktod to w0tra ion only C Vie a.o icansee's broker consents N writhe to bedorro a party 10 Ote propesdhg. Tale atause wet surely doe". 2,9 (c) Mediation and Arbitration; Expoirmos: 'Medatlw' Is a process in ~ parties attempt to resolve a oft" by .,r submitting a to an impartial msdlata who 130M t* the resofutlon d Va dispute put who is not empowered to' noose a 2911 sentiment on the parties. Mediation will be in acoorawice with the rule of tins American Mediation Assodstion or odwr 219 modeler agreed on by the parties. The parties vA sgwJy dMds the met don tss, H any. 'A.Ntration' Is a process in no which the penises resolve a dispute toy a hearkhg bet" a neutral person who dodo" the matter and whose dYeislon is 421 Dhdtng on the parties. Arbitration will, tae In s000rdance with the rulse of the American Arbitration Aaaoeietlon or oe,er 222 arbitrator agreed on by the pert!*. Each party to any arbitration will pay Its Own fees, costs and expensaa, k1dwa +g tzt attomsys' tans. and will equally spilt the arbitrators' taw and •dntlni•trativ9 leas of arbitration. 2110• Buys 4MU) F ieBe��� W a Dopy d file paps. which k Page 0 d 4 Paaw AGENDA ITEM NO.� JUN 2 2 1999 uni� -ca -a� Inu le. SI P. 05 �•• ..,.,;,,•. , , . saw•, rr P. 2 a� ZSCROW AUNT AND BROKER 20 13. E90AOW AGENT Buyer and Setter muytoraa Beerpw Apart to racakmk deposit and hold funds and other Rams to . loci Werow and, ablecit to clearance, dbbitnlo Clem upon proper aufttvrftation lord In woordance with the terms of this M Conttaot, Including disbursing brokerage fees. The parllslo sgrloe that Escrow Amu wRl not be liable to any person for M19 misdellvery of escrowed items to Buyer or Sather, unias the misdelvery Is due to Escrow Agent's wMV broach of this ><+ Contract or gross neglMoe. It Escrow Agent irterple ids the subleot matter of the escrow, Escrow Agent will pay the > t filing fees and costa from the deposit and_w16 recover reasonabts attorneys' We and costa to be paid from the 2v escrowed funds or equivalent and charged end awarded as court hosts In lever of the prevailing party, All claims rat against Escrow Agent will be arbitrated, so long as Escrow Agent ooneants to arbtvate. of 18. PROFESSfONAL ADVICE; BROKER LIADt M-. •Broiler ad 11111 &W and Eger to verity all facts and reptesentatlorts zo that are Importarit to them w)d to oonsiA an appropriate prefaslorid lbr bgat sNrbe dor exarnpk interpreting contracts. zhe determining the effect of laws on the Property and transaction, stator of title. fcresgn Investor reporling requirements. etc.} 29 and for ter, property condition, emdronmental and other specialized advice. Buyer acknowledges that Bninttar does not ne reside In the Property and that all reprosentatlani (oral, wvrftton or otherwise) by Broker are basQ0 on Seller = representations or public records tunieaa Bmkw indicates psi said veARcaildn of tM representation. Buyer agrees to rely m solely on Seller, professional hmspeolore and gover rnertEd ape M%* for wer0catien of the Property omx ttlon and facts 2 +1 that materially aNeot Property valve. Buyer and Salter reepeoavely will pay as costs and oxponeM. Including rrasonoble attorneys' fees at ax ieyels. incurred by Broker and Broker's offloof . draotota, agents end employees In cotnnection w Ilh as or arising from Buyer's or Sellers miestoement or failure to perform oortirectud obligations. Buyer and Satter hold VA harNeea are ►erase Eirokor ono Broker's after*, dri0tors, agents and employees from ON liability for loss or demnnago + baaod on (1) B er•s or senors rnletmterrnent or istl re to perform Contractual oblipmfons; (2) Brokar's performance, at 210 Buyer's and/or Seller's request, of any task beyond the ocape of aerOM re qquisted by Chapter d 75. F.S.. as wnanded, 217 ineWding Broker's referral, recommendation or retention of any vendor, (3) sarvieoa or products provided; and (4) a:e expenses smourred by any vendor. buyer and salter each aaster+e Wa rsaponabAky to seisedng and eompens*anq vwlr 24e respective vendors. This paragraph will not relieve Broker of statutory Obrigationa. For purposes of trmia paregraoh. Broker sec will be treated as a party to this Oontroet. This paragraph will eu�Am closing. rr 17. BROKERS: The Iicenses(s) and brokerages) named below we casectivey referred to as 'Broker.' serer and Buyer tu acknowledge 1110 the brokerage(s) named below am the procuring oa, - of thle transaction. tnetm"ftn to Closing Agent: 7rs Seller and auyor direct cio" agatt to dleburse at alodrp tM ill airier of as hvkerage fees as apecxled in separate brokerage agreermems with the parties and o00perethe agreements between the brokors, union Broker fmas retained such 230 fees Item ft escrowed funds, in the absents of auoh brokerago egreen woo a. dosing agent will Crotmose brokerage fees T" as Indicated below. err _ Naples salty sexyLges. Inc. _ M AvW ftmm Ucvosw Apt rdMR L w~ Dan Guoan xr e,a. /9vMelpahe 5 • Pald py zuytL loaner /BrarsaptNe:__ at c ovine AD0f'i10NAL TERMS asr I& ADDITIONAL TERMS; Should bUYSC, AEta tsrslinatiaII of ina t - neot old parnr1_ decide rW to tlaa egos • sos y oyara s� or n o ze.• 263, Anna +hn_ S-1 14, .m,A „ ..�a a il4asas•awl4asa eft' Ag:cCeaivirt: --t:e be recorded zw da 7e`' trod►- 4aoa:ew. tee• 2W— — »c Thin is Irrtanded to bee fal;W bindahg eontrete fr nit fu/y under . eood; -*oak the sdvlos Of an atbomey prior to siD kv- 97i OFFER AND ACCEPTANCE err (Check If appl; cable: O Buyer received a w 1ttan rael property dledoxrs datemenl tom Boller before rnekiV this Offer) 2T% Buyer offers to purohese, the Property on the terms and oondRions. Unless this Contract is s'oned by Seller and a *•' copy deaverod to Buyer no afar then 13 tun. C] p.m. on _ t9, h or will t» ere revoked and Buyer's deposit refunded sub G of fu ^,�� loft( a N4 f nsfd.e -Art zra Date: �unupr_T ��1`l`t`l Buyer. Tax,10/SSN: 2”' aht nerre: l.oWie ACC_ ryul Unwtrs� ere• Bate= — -- Buyer. �, tai 5 Qt , nay , t h 33c 7 m Tax iC/SSty: _ 27r PoW 207 PP*W_ Addre : - err Date: Seller- +^ - Tax t0/SSN: Ql`Yt(39 4 f ml Oats Seller. A name Tax ID/SSN: A 3.4 -3-1 -ud-111' 'f Z ow Pink me HAT_ aw Phone:_., Addreaa; _ Mr Fax: rMW O Seller o0unters Buyer a offer (to aoosth the oo~ osier, iii w n:- t nW or hW the counter offered bema and driver a vow copy of the eocapeance to Seller by 6;00 p.m. on Pri Jan 2V , f o 9 9 L O Seller rejects Buyer's offer. zoo• Effective Date: ��/_ Mw daft on which the last party signed or tnittared acceptance of the find oRera M. Buyer lit j and Seller aj der copyorth a page, w't ion is Per A of 4 Pao". r n„ww.r..r.iu.n•rlRwwr.r,. M..fee.r'e'aa.e.r,..n srsw � RonMA�. +r.rYMr�ra�.�.YY �7'M " .— -,1M H....i,N 4 ti<71EiC1, mS �lIR1¢!Q> M51(t9lQ1�f�IfBf 4�iti4�tltirimakyou 1LLf foldikhwformIYONReemfilly .dr..t+r�+.r601 V3 "&or m.,r.- % ear. tiro.. iw .t,.w�e.d.ea.�...r�8.ri4.rRSW.w •• r••••a low. «�.b eo«,»».h.W. r..,+.. 'r�" "ant1 19.t.T+�Ti '- 'cao�'1. *.`fir �npea alleru osaUrwn�. rWj"%e.+..ermnpAvaWFM vuo.i ZION r+era.aw.arena-W-10 -0 J (repr wrwn.s • . . . AGENDAI- No. 4 . JUN 2 2 1999 Pg.� l`VAOitnt land'Conftr9ac ���'p. Cw,sl.�, '�/'.� /.,SS' j�/q -6y f" FWAIDA ASSOCIATION of tease / T O p •.sr . L 4r /•'P �< an 02 PA�IFhS ff DESORir I1UN OF PROPERTY 1. SALE AND PURCHASE: Laster c az s ^ ('Seller"} and Horseshoe Development Inc. ( "Buyers agree to Fell and buy on the temts and conditions specirw below the propery (-PMpeMj described as: r. Address: o• Legal Description: Parcel '31" Sac. 28 Rna.261. 1srv. 68S. 5 Acres+ /- en1 +a=_{;ty;.gl e• tr r Ylclud nIS aJW dMom property: •+►C _ w _ + PRICE AND FINANCING +< 2. PURCHASE PRICE: payable by Buyer In U.S. funds as f000v +s (a) S In-grin (Le are a<bjact t o olesralloe)upoa acc..i 19 by ±r for _ _ - - - _ _ -- PEsoro+w Agontj +s' (b) $ Additional deposit to be made by • 19 4. (c) _ Total F)rwxkV (see Paragraph 3 below) (express as a dollar amount or percentage) M' (�J) S, ether: +' I S Balance t;o close (not including Buyers clo" c prepaid items and. proration). AI! x< fun ids paid at closing moat be paid by looalpr draw„ •s u nook or wired funds. +' .:j (f) (conwleta only if purchase price will be dotermined based on of -t instead of a fixed price) The uni+ 1 used to deter mine the purchase price Is t:1 lot W acre J square foot relrFsnectly: pror9+ing areas of toss than a full unit. The purchase price will b 00 per unit based on a calculetion of + total area of the Property as certified to Buyer and Seller by a Florida- Iloensed surveyor In accordance vAh Paragraph 27' 8(c) of this Contract. The following rights of way and other areas. will be excluded from the catculatior+: �e• 23' 3. CASH /FINANCING: (Check as applicable) :5 (a) Buyer will pay cash for the Property with no financing continZancy. :xr 'Z (b) ?his Contract is contingent on Buyer quelltylrtg and obtaining the oommitment(s) or approval(s) epacified below within days from Effective Date (d left bi&*, then Closing Data or 30 days from Effective Date. whichever occurs fast). Buyer r' will apply kw flnerwing within . days from Effective Date (5 days t •ovide M any and all credit, employn'tent, financial. and other information ref 5 and 34 good faith, cannot obtain the financing, either party may carxxl this 11 yenr e M and surveys provided by Seller, and Buyer's deposlt(s) will be return �vrt, i from W all Interested parties. Buyer wffl pay am ban expenses. Ir tAxIli g the I 37' J (1) New Financing: Buyer will secure a commitment for , YiIS IS C Ccn (c, c' t cn _ or 311' % of the purchase price at Ins prevalIkV Interest rate i ��e �iC,nr+tdS Btaf2r+ � i/) 'r fully 39 Informed of the loan application status and progress and au Ise all to such information to Seller and Broker. h)U� �PS = 3'S , cre . z } Al' :J (2) Seller Financing: Buyer wil! execute a .3 first 0 sacor in line ra amount of S bearing annual interest �t °St5 3�31�j� scud 2wt}� Puvd R'' e �t dips.,} cF sett+ on laity, - Tho mortgage, note, and any security agreement wig be in a f( norsUy accepted in the sour where the Pro is boated; will 71�tit 5 c. 3u °� C civ)tYtncP county petty ' p u''( r ai the <o mortgagee'& option if Buyer default; win give Buyer the right tc �'�� T nrrn An} Suit W)Aty► I } at any •r times) with Interest ordy to date of paymarth Will be due on oc SkArjej► W! (wvt io Ie&,16 C }t, 91101t <s parcels. if applicable; and wilt raAuirs Buyer to keep liability Inez J05lan tv? 6enyt,but '� j H f tuS11 t tarried a insured. Buyer authorizes Seller to obtain• credit. employ+ Kmine so cred,tworthineae for the financing. Seller will, within 10 days fro W 2 e� ?d io C u tl bin rem }c rn r,r :her or 3+ not Seller will make the loon. This Contract Is not aaaignable wi Lo r H U. (3) Mortgage A33umptlon: Buyer will tulle tide meet to and assume and prry exbdng fret ntortgega to ea• _ �+ LNM in the approxwna m te amount of S currently payobte at W S per month including principal, interest. U taxes and Insurance and having a :.1 fixed 'J other ss' (describe) sr' interest rate of % which O will 0 will not eaca4►te upon aaaurrlptton. Any variance in the mort 9e.7e will be x adjusted It the balance due at closing with no od)ustment to purchase price. Buyer will purchase Sollar's sacrow ss' account dollar for dollar. If the lender dieapprovee Buyer. or the Interest ratio upon tranrler exceeds % or the 40' aaau Ptlon/tranefer fee exceeds S either party may elect to pay the excase, failing which this s, f s depoolt(s) wig be returned. � CLOSING es 4. Y his Contract will be' M, - arid the dead and poeesaskm daivered on or before s<' - 10— unless extanded'by, other provisions of this Contract. It on Cbaing Date insurance m undetmitirt9 is suspended,' Buyer may postpone olo*V up to 6 days. 00 ail U U arts Bellar ( I U mWo4edgat mosiptolacopycifft page whirl, Is Page 1 d a AGENDA ITP VAC-2 12M 01896 Morids AssoWSon of Arm tarsi 111 tap I Mwwa 22c vAC•2r Ftorl6a Ant � = , Z t 1999 61 5. CLOSING PROCEDURE; COSTS: H t: surance insures Buyer for title defects erisir nvueen the tide binder effective! date 6a and recording of Buyer's deed, closing agent will disburse at ciosing the not nab proceeds w Seller and brokerage fees to Broker so as per Paragraph IS. In add iticn to other expenses provided in ft,la Contract, Seller aid BLW vd pay fins costs indicated below, 70 (a) Seller Costs: Seller will pay taxes on the dead and recording fees for documents needed to cure title; certified. 7v confirmed and ratified special assessment liens; title evidence (if applicable under Paragraph 8); Other: 72• 73 (b) Buyer Costs: Buyer will pay taxes and-recording fees on notes and mortgages and recording fees on the deed 74 and financing statements; loan expenses: pending special assessment liens; lenders title policy at the simultaneou 73' issue rate; inspections: survey and sketch: Insurance; Other. 75 (c) Title Evidence and Insurance: Check (1) or (2): 77• O (1) Seller will provide a Paragraph 8(a)(1) owner's title insurance commitment as title evidence. U Seller j Buyer 70• will select the tltle agent. 0 Seller U Buyer will pay for the owner's title policy search, examination and related 75 charges. Each party will pay its own closing fees. x• O (2) Seller will provid itle evidence as specified in Paragraph 8(a)(2). U Seller 7D Buyer will pay for the owner's title al policy and select the title agent. Seller vj pay fees for title searches prior to dosing, Including tax search and lien e2 search tees, and buyer will pay fees for title searches after closing (d any), title examination tees and closing fees. e3 (d) Prorations: The following items will be made current and prorated as o>i the day before Closing Date: real estate 84 taxes, interest, bonds, assessments, lasses and other Property expenses and revenues. If taxes and assessments for as the current year cannot be determined, the previous year's rates will be used with adjustment for any exemptions. as (a) Tax Withholding: Buyer and Seller will comply with the Foreign Investment in Real Property Tax Act, which may e7 require Seller to provide additional cash at dosing if Seller is a 'foreign person' as defined by federal law. ee PROPERTY CONDITION 8s 6. LAND USE: Seller will deliver the Property to Buyer at the time agreed in its present 'as is' condition, with conditions 90 resulting from Buyer's Inspections and casualty damage, if arty, excepted. Seller will maintain the landscaping and 91 grounds in a corpparable condition and will not engage in Or permit any activity that would materially after the Property's 9? condition without'the Buyer's prior written consent, 93' (a) ResidentiarProperty Only: Seller represents that, other than , k Seller does not know of any farts that rnatenatly affect the value of the Property other man those that Buyer knows or can 55 readily observe, or of any violations of governmental laws, rules or regulations applicable to the Property in its existing use. 20 (b) Flood Zone: Buyer is advised to verify by surrey: with the lender and with appropriate government agencies which 97 flood zone the Property is in, whether flood insurance Is required and what restrictions apply to improving the Property and 98 rebuilding in the event of casualty. Qq (c) Government Regulation: Buyer is advised that changes In government regulations and levels of service which ,W affect Buyer's intended use of the Property will not be grounds for canceling this Contract if the Feasibility Study u:r Period has expired or If Buyer has checked choice (d)(2) below. +02 (d) Inspections: (check (1) or (2) below) I(" Q (1) Feasibility Study: Buyer will, at Buyer's expense and within —n- days frurn Effectivo Date ('Feasibility Study !w Period'), determine whether the Property Is suitable, in Buyer's sole and absolute dscxetion, for rA _ ;cs use, During the Feasibility Study Period, Buyer may conduct a Phase I envirom let ,IV assessment and any other tests, analyses, surveys and Investigations ('Inspections') that Buyer deems necessary is determine to Buyer's satisfactkxi it* Property's engineering, architectural and environmental properties; zoning anc 100 zoning restrictions: subdivision statutes: soil and grade: availability of access to public roads, water, and other utilities; consistency with local. state and regional growth management plans: ,rivnilability of permits. government approvals, and licenses: and nthnr Inspections that Buyer deems appropriate to determine the Property's suit�ilt;i!ity for the Buyer's intended use. it the Property must be rezoned. Buyer will obtain the rezoning from the Eippr opnate +12 government agencies. Seller will sign all documents Buyer Is required to file !n connectlon with development or rezoning approvals. provided Seller incurs no expense or liability In the application process or related proceedings. Seller gives Buyer, its agents, contractors and assigns. the right to enter the Property it tiny Voic, ;!smell the Fca. ;hl!ity Study Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors mic: assigns enter the Property and conduct Inspections at their own risk. Buyer will indemnity Inc., hJ10 Seller hArmless from losses, damages, costs, claims and expenses of any nature, 0cluding 3tlorney'3 fees, tend from liability to anv e person. aristhg from the corKJuCt of any and all inspections or any vA*A atfthorized by Buyer. Buyer wig not er."Jenge in 119 any activity that could result In a construction Gen being filed against the Property without Seller's prW wrineii 113 consent. If this transaction does not dose. Buyer will, at Buyer's expense. (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Irispec!tons. ?2 and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver written notice to Seller prior to the expiration of the Fenslblllty Study Period of Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement 12.. will constitute acceptance of the Property as suitable for Buyer's intended use in its 'as b' condition. if the Property x• is unacceptable to Buyer and written notice of this fact is tlmery 1sgvered to Seller. this Cont►xt will be deemed terminated as of the day after the Feasibility Study period ends afro Buyer's depostl(s) will be returned after Escrow +25 Agent receives proper authorization from off interested parties. +M 0 (2) No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purpos•.:s. including being t3o satisfied that either public sewerage and water are available to the Property or the Property will be approved for ',,ha 31 installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations x' and restrictions, such as subdivision or deed restrictions, concurreney, growth managemeft! and environmental t� conditions, are acceptable to Buyer. This Contract is not contingent on Buyer condiacbng any $tither inves;igatic". 73+ 7. RISK OF LOSS; EMINENT DOMAIN: If any portlon of the Property is materhMy damaged b• - traalsy baton 'ctosing. ,.r or Seder negotiatcr: with a governmental authority to transfer all or part of lino Properly.n knn r+c•nelritrxll ckn7itru tNrx i t c1nx}:. 1w or if an eminent domain proceeding is initiated. SWl*r will promptly inform Buyer. Either party may cancel this Contract 137 by written notice to the other within 10 days from Buyer's receipt of Seller's notification. rAtj1lrV wilt h Buy r welt coneg in tae accordance with this Contract and receive all payments made by the government authority or InStlr nc.e caAp(,b<t+I A61VJ t0 TITLE 1a0 8. TITLE: Seller will convey marketable title to the Property by statutory warranty deans! or trus;to. pi — or guardian deed as appropriate to Seller's status. (a) Title Evidence: Title evidence will show legal access to the Property and marketable title 3 accordance with current title standards adopted by the Florida Bar, subject only to the following till " which prevent res!dantlal use of the Property; coVartanta, easernertts and restrictions of r9ctx0: m zoning and government regulations; oil, gas and mineral rights of record if there is no right of mortgages that Buyer will assume: and encumbrances that Seller will discharge at or externs Oo3ry. ., 13uver1 1 1 anti Soll�e 7 NO.m- sorat re = 5e ^.tatrve rMJ@ 14 JeFer1999 exceptions, none of fern of Plnt: existing closing, deliver to Buyer Seller's lice of one of the tok wirag types of. title at Ice, wt.'cn 10,131 yriilib' IN &.oupt,• . :o in the county where the Property a..ocated (specify in Paragraph 5(0) the select... type). Seller will use option: (11 in Pak:: Seach County and option (2) In Dade County. (1) A title Insurance commitment issued by a Florida -fic -osed'title insurer in the nmotuit of !1w• prioF :WI -� subject only to title exceptions set forth in this Contract. (2) An existing abstract of title from a reputable end existing abstract firm (rf font is no, existing, thin abstrac', na;s! z� certified as correct by an existing firmypurporting to be an accurate synopst:i of the Instruments Hl`e, -tir • tit :r :c the r'•` Property recorded In the public records of the county where the Property is lrKated and cerllfxi ic• Ettact : :e i 1e!o. rlcr river if Six:!r an fi0Us; act is not available, to Seller, than a prior owner's title policy arir::r(••l.- I is a base for re :ssu-- .,:ice of covwLig( -. Seller wl!l pay for copies .4 al! puck'. a�:(;d( )Cr1S A., acceptable to Buyer's closing agent from the policy affective dato and certified to Buyer or Buyer's closing a ;;:rlt toLethcr with -spies of all oocuments recited in the prior policy and In true upd.:!E•• If il pr;Cr policy i; r0n: 3V,6,irrt1,• C- Seller ihrn 1 oe the title wAdenre. Title evidence Wit he, ripli,,gred no titer ilia!' • (b) Title Examination: Buyer Will evuninF: itio tiva E!vidonce arxd d('li % -wtr wK:I'lon w', icii to Seller, 'dY.!i'..1! (• 'o;�� :r;a,• .r_ :n; -`. 01 Iiti0 evid01ll :Q W! nu klief itknll ciusi, V, of ;u,; (Wooti•, that w*iku ll,e bilk: tomiiatkofabb :. Seller •;9 F'; n; "7 ;j- ,• -vncipt of Buyer's notice of defects ( "curative PPriod7 to cure the detects at Seller's 'vvl'•4nxe. i! Seller ror�-!9 defects within the Curative Period, Seller will deliver vniiian notice to Buyer and the parties will clogs !.%i Irnrtscac Closing Date or Within 10 cfrlys Imm Buyer's iecepp! of Seller's notice it Closing Date has p��seU. h Seller s unrkr..:p rr; 000 cure the defects within the Curative Period, Seller will delvet written i halloo to Buyer and Buyer will, vrtl w 10 driys !::•: receipt of Seller's notice. either cancel this Conlrect or accept title! -Mlh existing defects and close Liu t►ans,•u ;tirx;. Y'• (c) Survey: Buyer may, prior to Closing DstP and at Buyer's expense, have the Property s ^,cyed ar>v deliver ware-, 1+9 notice to Seller, within 5 days from receipt of survey but no later than dosing, of any erxxoachr-:frtts on the t-rcx)wrf. encroachments by the Property's improvemen!s on rather lands or deed restrictlon or zoning violttit._,ns. Any such encroachment or violation will be treated i i the same ntanrw as a title defect and Buyer's and Seller's otoligations w,ii • be determined in accordance with sdbparagraph (b) above. If any part of the Property lies seawarc of the coRsrll ' construction con!rei line, Seller will provide Buyer with an affidavit or survey m, required by taw ue!ineating the lin,'s !r•rnIion on I!,tt pro, r:`riy. urlesp, Buyer wn:ver; Ihi.; rcf4tjionmcnt in writing. MISCELLANEOUS 9. EFFECTIVE DATE; TIME: T11e `Effective Date' of This Contract is cite Jnte on MWh the 18gf at t!; -> r!rs CiiitAIF �•; signs the l;ltest offer. Time Is of the essence for all provisions of this Contract. All tulle period% Al:l be c...- rrj!eri in business days (a "business day` is every calendar day except Saturday, Sunday and rs :4:n „f legal holidays). If ar ?- r” deadline falls on a Saturday, Sunday or national legal holiday, performance wi!! he due t "* •Nvxt t%u�-i^rns etas. All !i �'- :n:.-uds will end at 5:00 pmt. I-, .l time (!nen ning In the county where The Property iS IJGat8d1 id !aA ,i11( +r Ur.1:^ stay. a• 10. NOTICES: All notices wiil be made to the parties and Broker by mall. perso't It d0ivary o•. We-olt^ mil (Beene. Buyer's failure to deliver timely written notice to Seller, when such notice is required by this Contract, regard'niy any contlngencies �• will render that contingency null and void and the Contract will be construed as If the contingency did not exist. a1 11. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage agreements, no prior or present agreements wet bind Buyer, Seger or Broker unless incorporated irtio this Contract. im Modifications o! this Contract will not be binding t!rtless in writing, signed and delivered by the party to be bound. Signatures, ,mr initials. documents referenced in this Contract. counterparts and written modifications communicated eteetronoicatly or on paper r,s will be : cceptaola for all purposes, Including delivery, and will be binding. Handwritten or typewritten teens inserted in or 162 ansched to this Contract prevail over preprinted teens. If any provision of this Contract Is or becomes invalid or trienforcaable. 100 all remaining provisions will continue to be fully effective. This Contract will not be recorded in any public: records. :9: tit. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract withoit Seller's written consent. The terms '92 'Buyer.' `Seller.' and 'Broker" may be singular or plural. This Contract is binding on the heirs, administrators, executors. ,7:r personal representatives and assigns (f permitted) of Buyer. Seller and Broker. 1;4 DEFAULT AND DISPUTE RESOLUTION 1 Jr, 13. DEFAULT: (a) Seller Default: if for any reason other than failure of Seller to make Seller's title c A*etable after oil;ent cffr),;. qc Seller fails, refuses or neglects to perform this Contract, Buyer may choose to receivd a return of Buyer's deposit withuui ar waiving the right to seek damages or to seek spoodiic performance as par Paragraph 16. Seller will also be Made to Brealuer for p the (tae arriount of the brokerage fee, (b) Buyer Dolisudf_ 9 Buyer fats to per!omt this Cmtract wfttih the tints specftcL.h udiriy ° =e1 timely payment of cW deposits. Sauer may choose to mtafrl and colact +all deposits paid and agreed to be paid as tgtridatec ► damages or to seek specific performance as per Paragraph 16: and Broker vim, upon dernw, receh/e SO "o of all deposits 20, paid and agreed to be paid (to be split equally among cooperating brokers) up io the full amount of the brokerage fee. "ve 14. DISPUTE RESOLUTION: This Contract vie be construed under Florida !ow. All i=lroverses, claims, and other nlsaers in 201 question between the parties arising out of or relating to this Contract or its breach will be settled as follows: 44 (a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seller will have 30 days from �eo= the dale conflicting demands are made to attempt to resolve the dispute through mediation. If fMt fails. Escrow Agent M will submit ttie dispute, if so required by Florida law, to Escrow Agent's choice of arbitration. a Florida court or he -.Or Florida Real Estate Commission. Buyer and Seller will be bound by any resulting settlement or order. „>u (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises Uctween thorn in attempt :L) = resolve the matter through mediation, failing which the parties will resolve the displite lilrotigh neutroi b0dir,q arbitration In I!x1 cokinty where the Property is located. The arbitrator may nut alter the C'mu v::amts or nw.vri ,ley remedy not provided for in this Contract. The award will be based on the greater weight of the e:•icience u:.! A i• =.2 state findings of fact and the contractual authonty on which It is based. If the parties rgrce to rise discover,. !t •.viii be in accordance with iha Flonrfa Rubes of Civil Procedure and the arbitrator will resolve all discovery•r•riate(l disputes. Any disputes with a reol estate licensee named in Paragraph 18 will be suWnflted to a tracion only if :lee ra licensee's broker consents in writing to beoorrm a party to the proceeding. This clause will shri ve %ftli lg. "^ (c) Mediation and Arbitration; Expenses: ' Msdation" is a process in which ponies aitampt to resolve a t l"Xito by r submining it to an impartial medstor who lac litatas to rasolultio t of fonts dispute but who is not onipowered to i 2'y settlement on the parties. Mediation will be in accordance with the rules of the American Mechat �� ='Q mediator agreed on by the parties. The parties wil equally divide the mediation fee. If any, 'Arlon anon' is a�pre9ss in 22o which the parties resolve a dispute by a hearing beforea neutral person who decides iha matter rid wr(tif�e -t i 221 binding on the parties. Arbitration will be In accordance with the rules of the American Arbitretio Association or other 222 arbitrator agreed on by the parties. Each party t0 airy arbitration will pay its own fees, costs expgn_ gas,udy� 2223 attorneys' fees. and will equally spit the arbitrators' fees and administrative fees of arbitration. JUN j 224• Buyer (—.. 1 �TO� and Seller( ( _ acknowledge raceipt•.ot a copy of this page, which is V 2 1 FIpArJa As o :mix —TOMO . Al Fllphrs Riswved vn,.,� t�•,!K, r`1'I:N:rYawr.1/t'= ::�•'c,l.:, av„ •�•+ N:lhrll:! °.!:,'•.swat ; , u fie mWetniery 15• due lro� -A*t'i wistful breach of tfus Q �`. • Agent interpleads the subject matter of the escrow, Escrow Agent will pay the or r'vea nt,�:,u;�nctf. If Escrow !466 antJ cost:. I1r; tl il)v deposit and will recover reasonable attorneys' fees and costs to be paid from the esero'.N•sd tunes Cr 6c;; ::v;+.lent and charged and awarded as court costs In favor of the prevailing party. All claims aqa r^.St S cr;,lty :,urn: wit) oe :uvitrated. so long as Escrow Agent consents to arbitrate. 16. PROFESSIONAL ADVICE: BROKER -LIABILITY: Broker advises Buyer and Seller to verity all facts and repress lr... ue rr:,; r•,,:.. .,' ..:r: crllsldt an appropriate professional for legal advice (for example. u)terpreting co. .:, 'it •:• 1-.1 W14; W':: ,+n nit- I'll(N) Orly 41116 tatltsociiw. status n( title. foreign investor reporlulg requiranents, sic,.) ., ,r. , - I.A. ; .,,t ,-:. ..•n,ill 1,111. ,•rN•ir ill 111 wl 11, d :uul tills n I rlrlvit:). Buyer nckmv 4xyh::: 111n1 liroknr el, a.,; Writ rt!�Zl ill 11to i'I,1:!,'::, :111,1 111;1 .ill IUJ)? :`.l!IIl:ili5U (brill. wrrtloll or Olhu(wlse) by 6oker Wo Inased on teller .•I�,vav, tl.rl:un ;. r. ;.,:,r.•1:,: ,ucI:,U3 UniesS CrOhur IntJlctllCs pisrsonal venwition o1 Irie representation. Buyer agrees to rely solely on Seller, professional inspectors and governmental agencies for verification of the Property condition and facts that materially affect Property value. Buyer and Seller respectively will pay all costs and expenses, including reasonable a;;crneys' lees ax all levels, incurred by Broker and Broker's officer& directors, agents and employees in connection with or ar:sinq irom Buyer's or Seller's misstatement or failure to perform contractual obfigafigns. Buyer and Seller hold narrrdEss and mienise Broker and Broker's officers, directors, agent's and employees from all lablity for loss or damage bases rN• (1) Buyer's or Seller's misstatement or failure to perform contractual ohilgatiorts; (2) Broker's performance, at Buyer's ano•'or Seller's request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amended, inciutang Broker's referral, recommendation or retention of any vendor; (3) services or products provided; and (4) expenses incurred by any vendor, Buyer and Seller each assume full responsibibly for selecting and compensating their rnspective vencors. This paragraph will not relieve Broker of statutory obligations. For purposes of this paragraph, Broker -r +tit be treated as a ;,ar'y to this Contract. This paragraph A survive (dosing. -! 17. BROKERS: The licensee(s) and brokerage(s) named below are cohWively referred to as "Broker.' Seller and Buyer • = acknowledge that the brokerage(s) named below are the procurtrl5 cause of this transaction. instruction to Closing Agent: x.: Seller and Buyer direct closing agent to disburse at dosing the full amount of the brokerage fees as specified in separate brokerage agreements with the parties and cooperative agreelrrlents between the brokers, unless Broker has retained such ra fees from the escrowed funds. In the absence of such brokerage agreements. closing agent will disburse brokerage fees ix as indicated below, Dart Guns" 2�y Rau EiralQ Leraruris P" Est" L.ceraee Am alga Real 3Z Sarviean, Tnr W Brauor % Brdrwape fee: g. Brokor / BMkerape fN: Pitr0 rtr/ -. /04L eat ADDITIONAL TERMS 2e2. 18. ADDITIONAL TERMS: See Addendum ear ter tea• zea• tar 2W 270 This is intended to be a legally binding contract. if not fully understood, seek the advice of an attorney prior to signing. 27+ OFFER AND ACCEPTANCE (Check if applicable: 0 Buyer received a written real property CIscI08ure statement from Seller before making fhis Offer.) 273 Buyer offers to purchase the Property on the above terms and conditions. Unless this Contract Is signed by Seller and a 2 copy delivered to Buyer no later than 5.00 --- t] a.m. il pxi�'on 19 this offer will be 27b revoked and Buyer's deposit refunded subject to clearance of funds. ( 4, 71�� 27e• Date: 12.15 Buyer.. iio Ill-SA (P b% • Q %.Of n01 -J-1 Tax 0MSN: yr P" rwre: 27a Date: L r 276' 2W Phone: 251• Fax: Buyer/ Print rwnfe: Address: ter Date: ��r (Seller. M Print MW Tax ID/SSN: "V -iy - 21 W Date: Seller: Tax ID /SSN! ear Prinl nwo: zee• Phone: Address: 2eT Fax: zee• 0 Sella counters Buyer's offer (to accept the counter offer, Buyer must sign or Ir" the coulter offered temp and deiwr a ter copy of the acceptance to Seller by 5:00 p.m. an -.12 10 Setter reacts Buyer's offer. 2a Effectors Datac /J? '1 gP (The date on which to leeR pavty signed or Wtleled acceptance of the ftrfal offenrlj 291' Buyer( (_) and Seller LJ (_� ackr wWge receipt of s copy of this page, which Is Page lat 4 P Ths Olorgs Aaaaoitdon d ftrY.taN an0 W eat 9e�rdAasoei�em d lluuras rrrakr no nPnwnulkn !s b Iro foprr ovknrY Or aOMrol' eI PWAskm of We spmft rwactpn Thk ur+saeftne tam MumW not ba u"d in omplaa esraiat: ws ara+fl� atlrglva rocs or sonar TW form i fnr �e7 r*aejM�i airj�i 0 OAW y red M no NOW% e in dartOV VW uW as a Mft? a. PIMMA 1 k a tapYMad mete*- tttartfyarsffe meek 1W mq 60 uaW ar,p sY aatrtA �+ d Ve NMkrW Apadsbn of f wim aM who aisab tb a Cogs d W" _ V'r':rlM/t7� t►M d era U'M0001 tleetFterabr Arrrndelinn N Nfn MIaM N �Y1Y �MV00 �ro O/ �N /t�rrt M'dls'q M�'NI O IORK PB L__— ADDENDUM 1. In the Feasibility period set forth in paragraph 6 "d" of the sales contract, the seller agrees to allow the buyer and Its agents to conduct environmental test and any other Investigations or examinations of the property as the buyer may require. 2. Seller desires to exchange, for other property of like kind qualifying use within the meaning of Section 1031 of the Internal Revenue Code of 198& Seller expressly reserves the right to-assign its rights, but not In' obllgatkonL 3. Seller xW1 keep all persoaal props ttly including the a bile harm. st- li •1.. d �a li h,*h/9 N. Ta 4} 2wyaf '� : } C6 t0 t a M�'. �11�•� ��K �. Gib 0 AGENDA ITEM No, JUN 2 2.1999 pg.—i�._._ Lm 1 PARTIES AND DESCRIPTION OF PROPERTY 2• 1. SALE AND PURCHASE: Janie Bell Sharpe ( "Seller') 3• and G. L. Homes-of Naples Associates, Inc. ( "Buyer') 4 agree to sell and bury on the terms and conditions specified below the property CProperty' described as: 5• Address: n/a 6• Legal Description: E i of V of Sw i of Sw i of Nw }, Section 28 Township 48, Ranee 26, 7• Collier County, Florida, OR 1485 PG 2205 9' 10' 11• 12' Including all improvements and the following additional property. n/a 13 PRICE AND FINANCING 14• 2 PURCHASE PRICE $ .�_ payable by Buyer in U.S. funds as follows: 15• (a) $ n/a Deposit received (checks are subject to clearance) 19 by 16 for ("Escrow Agent] 17 Norm Rzwr� 1e• (b) $ 10,000. Additional deposit to be made by upon acceptance 19 Escrow agent shall be Ruden, McCloskey 19• (c) n/a Total Fnancing (see Paragraph 3 below) (express as a dollar amount or percentage) 20• (d) $ n/a Other: n/a 21' (e) $ pse not Including Buyers closing costs, prepaid items and prorations). All 22 fund drawn cashiers check or wired funds. 23' ❑ (f) (complete only if purchase price will be in per unit cost Instead of a fixed price) The unit 24. used to determine the purchase price is O lot O acre O other (specify: n/a ) 25' prorating areas of less than a full Unit. The purchase price a per unit based on a calculation of 26 total area of the Property as certified to Buyer and Seller by surveyor in accordance with Paragraph 27' 8(c) of this Contract. The following rights of way and other cluded from the calculation: n/a 2e• 29• 3. CASH/FINANCING: (Check as applicable) 13 (a) Buyer will party with no financing contingency. 30• O (b) This Contract is contingent on Buyer WWy'rrg and (s) or approvals) specified below, 31 days from Effective Date (d left blank then Closing Date or 3 ffective Date, whichever occurs first). t 32• will apply for financing within days from Effective Date (5 days ('Application Perfodj and will tirnely pro,,—,c 33 any and an credit, employment, financial, and other information lender. If Buyer, after using diligence and 34 good faith, cannot obtain the financing, either party may cancel this Con and Buyer will return to Seller all title evidence 35 and surveys provided by Seller, and Buyers deposit(s) will be returned after Escrow Agent receives proper authorization from 36 all interested parties. Buyer will pay all ban expenses, including the lender's title Insurance policy. j7. O (1) New Financing: Buyer will secure a commitment for new third party financing for $ n/a _ or 36• % of the purchase price at the prevailing interest rate and loan costs. Buyer will keep Seller and Broker fully E +39 informed of the loan application status and progress and authorizes the lender or mortgage broker to disclose all 'a0 such information to Seller and Broker. 41' O (2) Seller Financing: Buyer will execute a O first O second purchase money note and mortgage to Seller in the i2, amount of $. n/a - bearing annual interest at % and payable as follows: n/a 43• 44 The mortgage, note, and any security; agreerent will be in a form acceptable to Seller and wN follow forms generally i5 accepted in the county where the Property is located; Y411 provide for a late payment fee and acceleration at the 46 mortgagee's option if Buyer defaults; will give Buyer the right to prepay without penalty all or part of the principal at any 47 time(s) with interest only to date of payment; will be due on conveyance or sale; will provide for release of contiguous 46 parcels, if applicable; and will require Buyer to keep liability Insurance on the Property, with Seller as additional named 49 insured. Buyer authorizes Stiller to obtain credit, employment and other necessary Information to determine 50 creditworthiness for the financing. Seller will, within 10 days from Effective Date, give Buyer written notice of whether or 51 not Seller will make the ban. 52' O (3) Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to n/a 53• 5j' LN#t in the approximate amount of $ n/a currently payable at 55' $ per month ig principa, inter, O taxes and insurance and having a O fixed O other 56' (describe) 57• interest rate of %'wtkh O will O wi not escalate upon assumption. Any variance in the mortyape will be as ad(uated in the balance due at can el g with no adjustment to purchase price. Buyer will purchase t8etlers escrow sV account dolor for doter. I the bider disapproves Buyer, or the interest rate upon transfer exceeds % or the i eo• assumption/trander fee exceeds S either party may elect to pay the excess. faiBng which this e1 agreement will terminate and Buyers deposit(s) will be returned, AGENDA ITEM 62 CLOSING No.� 63 4. CLOSING DATE; OCCUPANCY* This Contract will be closed and the deed and poss sslon delivered on or before 64• NOvember 15 . 19 99 . unless extended by other provisions of this Contract. I on i t ante 65 and ng is suspended, Buyer may postpone closing up to 5 days. sgZD� 66• Buryer , j (_) and Sdo L,� adwaMedge moeipt of a copy dths page, wHdn is Page 1[t 4 Pages. VAC-3 498 01M Fim kAWCWW of FtALTae® N Flfphts PAWVed - 5. L:LUSINLi HHUL:tUURE; U(Jb l J: it td, isulai ice insures buyer tot aue detects arislrr between the tltie bu><]e1 eltectry .:,;,: ea and recording of Buyers deed, dosing at will disburse at closing the net sate prooeet: Seller and brokerage fees to Broke-: 64 as per Paragr9ph 17. In addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below. 70 (a) Seller Costs: Seller will pay taxes on the deed and recording fees for documents needed to cure title., certified, 71' confirmed and rated special assessment liens; title evidence (it applicable under Paragraph 8); Other: n/a 72' 73 (b) Buyer Costs: Buyer will pay taxes and recording fees on notes and mortgages and recording fees on the deed 74 and financing statements; loan expenses; pending special assessment liens; lender's title policy at the simultaneous 75' issue rate; inspections; survey and sketch; insurance; Other: n/a 76 (c) Title Evidence and Insurance: Check (1) or (2): 77' X8 (1) Seller will provide a Paragraph 8(a)(1) owner's title insurance commitment as title evidence.XX Seller O Buyer 76' will select the title agent. xi Seller O Buyer will pay for the owner's title policy, search, examination and retaten 79 charges. Each party will pay its own closing fees. 80' O (2) Seller will provide title evidence as specified in Paragraph 8(a)(2). O Seller O Buyer will pay for the owner's title 61 policy and select the title agent. Seller will pay fees for title searches prior to closing, inckid'ag tax search and tier 62 search fees, and Buyer will pay fees for title searches after closing (f any), title examination fees and closing fees. e3 (d) Prorations: The following items will be made current and prorated as of the day before Closing Date: real estate 64 taxes, interest, bonds, assessments, leases and other Property expenses and revenues. If taxes and assessments for 85 the current year cannot be detdrminedite previous year's rates will be used with adjustment for any exemptions. 66 (e) Tax Withholding: Buyer and Sell* will comply with the Foreign Investment In Real Property Tax Act, which may e7 require Seller to provide additional cash at closing If Seller is a 'foreign person' as defined by federal law. as PROPERTY CONDITION 99 6. LAND USE: Seller will deliver the Property to Buyer at the time agreed in its present 'as Is' condition, with conditions go resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will maintain the landscaping and 91 grounds in a comparable condition and will not engage in or permit any activity that would materially alter the Property's 92 condition without the Buyers prior written consent. 93 (a) Flood Zone: Buyer is advised to verity by survey, with the lender and with appropriate government agencies which 94 flood zone the Property is in, whether flood insurance is required and what restrictions apply to improving the Property and 95 rebuilding in the event of casualty. (b) Govern puiation: Buyer is advised that changes in government regulations and levels of service which 97 affect Buyers intended use of the Property will not be grounds for canceling this Contract if the Feasibility Study 9e Period has expired or if Buyer has checked choice (c)(2) below. 99 (c) Inspections: (check (1) or (2) below) 100, O (1) Feasibility Study: Buyer will, at Buyers expense and within 30 days from Effective Date ('Feasibility Study 101' Period'), determine whether the Property is suitable, in Buyers sole and absolute discretion, for subdivision 102' use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental 103 assessment and any other tests, analyses, surveys and investigations ('Inspections') that Buyer deems necessary to 104 determine to Buyers satisfaction the Property's engineering, architectural and environmental properties; zoning axi 105 zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other 105 utilities; consistency with local, state and regional growth management plans; availability of pemtits, government 107 approvals, and licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability 108 for the Buyers intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate 109 government agencies. Seller will sign all documents Buyer Is required to file In connection with development or tt0 rezoning approvals. 111 Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility 112 Study Period for the purpose of conducting Inspections: provided, however, that Buyer, its agents, contractors and 113 assigns enter the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller hamlless 114 from losses, damages, costs, claims and expenses of any nature, including attorneys' fees, expenses and liability 115 incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of 116 any and all Inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a 117 construction lien being filed against the Property without Sellers prior written consent. If this transaction does not 118 close. Buyer will, at Buyers expense, (1) repair all damages to the Property resulting from the Inspections and 119 return the Property to the condition it was in prior to Conduct of the Inspections, and (2) release to Seller all reports 120 and other work generated as a result of the Inspections. t21 Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's 122 determination of whether or not the Property is acceptable. Buyers failure to comply with this notice requirement 123 will constitute acceptance of the Property as suitable for Buyer's intended use in its 'as is' condition. If the Property 124 is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed 125 terminated as of the day after the Feasibility Study period ends and Buyers deposit(s) will be returned after Escrow t26 Agent receives proper authorization from all interested parties. 127' O (2) No Feasibility Study. Buyer is satisfied that the Property is suitable for Buyers purposes, including being X26 satisfied that either public sewerage and water are available to the Property or the Property will be approved for the 129 installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations 130 and restrictions, such as subdivision or deed restrictions, concurrency, growth management and environmentai 131 conditions, are acceptable to Buyer. This Contract is not contingent on Buyer conducting any further investigations. 132 7. RISK OF LOSS; EMINENT DOMAIN' If any portion of the Property is materially damaged by casualty before closing. 133 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain proceedings. 134 or if an eminent domain prong is initiated. Seller will promptly inform Buyer. Either party may cancel this Contract 135 by written notice to the other within 10 days from Buyer's recelpt of SeIWs notification, failing wlnidt fuyrr will dose in 136 accordance with this Contract and receive all payments made by the government authority or insurance company, it any. 137 TITLE 136 8. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal represeentativ� e 139 or guardian deed as appropriate to Sellers status. p Np f 140 (a) Title Evidence: Title evidence will show legal access to the Property and marketable titl of recbr� i 5elle 101 accordance with current title standards adopted by the Florida Bar, subject only to the following le exclriptions� 142- which prevent Buyers intended use of the Property as auhdtvi --r— is, easements and 143 restrictions of record; matters of plat; existing zoning and government regulations; oil, gas and rigFtt� 144 there is no right of entry; current taxes; mortgages that Buyer will assume; and encumbra ces that I j 9 145 or bef closing. Seller will, prior to closing, deNver to Buyer Sellers choice of one Of the following of title evidence, 146' Buyer �J and Seller ( f ? 1(. 1 aci'r'" ecbpa receipt of a copy of this page, which is Page 2 f a Page _____ VAC -3 41% ©tggB Florida A . 9tlbn o1 RFJ.i*a Qlf- "A11 r'aioMs AaaAnirv! I.. which must be generally accepted to county where the Property is located aoify in Paragraph 5(c) the selectl;,1 141, type). Seller will use option (1) in Palm Beach County and option (2) in Dade County. 149 (1) A title insurance commitment Issued by a Florida - licensed title insurer in the amount of the purchase price ano 150 subject only to title exceptions set forth in this Contract. 151 (2) An existing abstract of fife from a reputable and existatg abstract firm (d firm is not existing, then abstract must bar, 1132 certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the 153 Property recorded in the public records-of the county where the Property is located and certified to Effective Date 154 However if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insur 155 as a base for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a form 156 acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent. 157 together with copies of all documents recited in the prior policy and in the. update. If a prior policy is not available to 156 Seller then (1) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. 159 (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, within 5 days from receipt 160 of title evidence but no later than closing, of any defects that make the title unmarketable. Seller will have 30 days from 1131 receipt of Buyer's notice of defects ( "Curative Period ") to cure the defects at Sellers expense. If Seller cures the 162 defects within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on 163 Closing Date or within 10 days from Buyer's receipt of Sellers notice If Closing Date has passed. If Seller is unable to 164 cure the defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer w i within 10 days from 165 receipt of Sellers notice, either cancel this Contract or accept title with existing defects and close the transaction. 166 (c) Survey: Buyer may, prior to Closing Date and at Buyers expense, have the Property surveyed and deliver writtei , 167 notice to Seller, within 5 days from receipt of survey but no later than dosing, of any encroachments on the Property, 168 encroachments by the Property's Improvements on other lands or deed restriction or zoning violations. Any sucr, 169 encroachment or violation will be treated in the same manner as a title defect and Buyers and Sellers obligations will 170 be determined in accordance with subparagraph (b) above. If any part of the Property roes seaward of the coastal 171 construction control line, Seller will provide Buyer with an affidavit or survey as required by law delineating the line's 172 location on the property, unless Buyer waives this requirement in writing. t73 MISCELLANEOUS 174 9. EFFECTIVE DATE; TIME: The "Effective Date' of this Contract is the date on which the last of the parties initials of 175 signs the latest offer. Time is of the essence for all provisions of this Contract. All time periods expressed as days will 175 be computed in business days (a "business day" is every calendar day except Saturday, Sunday and national legal 177 holidays). If any deadline falls on a Saturday, Sunday or national legal holiday, performance will be due the next business 178 day. All time periods will end at 5:00 p.m. local time (meaning in the county where the Property is located) of the 179 appropriate day. 1ao 10. NOTICES: All notices will be made to the parties and Broker by mail, personal delivery or electronic media. Buyer's 181 failure to deliver timely written notice to Seller, when such notice is required by Oft Contract, regarding any contingencies 182 will render that contingency null and void and the Contract will be construed as If the contingency did not exist. 1e3 11. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage lea agreements, no prior or present agreements win bind Buyer, Selby or Broker 11 11 as kxXxporated into this Contract. fits Modifications of this Contract win not be binding unless in writing, signed and delvered by the party to be bound. SignatureF 188 initials, documents referenced in this Contract, counterparts and written modifications Communicated electronically or on pap 187 will be acceptable for all purposes, Including delivery, and will be badmg. Handwritten or typewritten terms inserted in 188 attached to this Contract prevail over preprinted terms. If arty provision of this Contract is or becomes Invalid or unenforceable. 189 all remaining provisions will continue to be tufty effective. This Contract will not be recorded in any public records. 190 12. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Sellers written consent. The terms 191 "Buyer," "Seller," and `Broker" may be singular or plural. This Contract is binding on the heirs, administrators, executors. 192 personal representatives and assigns (d permitted) of Buyer, Seller and Broker. t93 DEFAULT AND DISPUTE RESOLUTION 194 13. DEFAULT: (a) Seller Default: If for any reason other than failure of Seller to make Sellers title marketable after diligent effoc 195 Seller fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyers deposit without 196 waiving the right to seek damages or to seek specific perbrmance as per Paragraph 16. Seller will also be liable to Broker for 197 the hull amount of the brokerage fee. (b) Buyer Default If Buyer falls to perform this Contract within the time specified. inckrding 196 timely payment of al deposits, Seller may choose to retain and oolect all deposits paid aid agreed to be paid as liquidated 199 damages or to seek specific performance as per Paragraph 16; aid Broker will, upon demand, receive 50% of an deposits Zoo paid and agreed to be paid (to be split equally among cooperating brokers) up to the full amount of the brokerage fee. 2o, 14. DISPUTE RESOLUTION: This Contract will be construed under Florida law. All controversies, claims, and other matters u1 202 question between the parties arising out of or relating to this Contract or its breach will be settled as follows: 203 (a) Disputes concerning entifernent to deposits rnade and agreed to be made: Buyer aid Serer will have 30 days from 2a the date conflicting demands are made to attempt to resolve the dispute through medlafon. if that fads, Escrow Agent 205 will submit the dispute, if 'so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or Ihre 206 Florida Real Estate Commission. Buyer and Seller will be bound by any resulting settlement or order. 207 (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt tc, 208 resolve the matter through mediation, failing which the parties will resolve the dispute through neutral binding 209 arbitration in the county where the Property is located. The arbitrator may not after the Contract terms or award any 210 remedy not provided for in this Contract. The award will be based on the greater weight of the evidence and will 211 state findings of fact and the contractual authority on which it is based. If the parties agree to use discovery, it will 212 be in accordance with the Florida Rules of Civil Procedure and the arbitrator will resolve all discovery- relatect 213 disputes. Any disputes with a real estate licensee named in Paragraph 17 wi be submitted to arbitration only if the 214 licensee's broker consents in waiting to become a party to the proceedir g. This clause use wall survive dosing. 215 (c) Mediation and Arbitration; Expenses: "Mediation' is a process in which parties attempt to resolve a dispute by 218 submitting it to all impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a 217 settlement on the parties. Mediation will be in accordance with the rules of the American Mediation Association or othF 218 mediator agreed on by the parties. The parties will equally deride the mediation fee, if any. "Arbitration,' is a Rtocess, 219 which the parties resolve a dispute by a hearing before a neutral person who decides the matt,* and whose decision ,z 220 binding on the parties. Arbitration will be in accordance with the rules of the American Arbitra,`!Lon AsboCiation-ec -et+� 221 arbitrator agreed on by the parties. Each parry to any arbitration will pay its own fees, costs end expenses, including 222 attorneys' fees, and will equally split the arbitrators' fees and administrative fees of arbitration. In a civil,actign •to gn�jf� 223 an arbitration award, the prevailing party to the arbitration shall be entitled to recover from ,the non pr ailif gamin' 224 rea le attorneys' fees, costs and expenses. G 225• Buyer (_, and Seller( ! c ) (_J acknowledge receipt of a copy of this page, which is Page 3 ob4!rPages. 11 7 VAC -3 4/99 01998 Florida Ass6dallon of RexTofis® AN Rights Reserved 'CROW AGENT AND BROKER 15. ESCROW AGENT: Buyer and Seller o,.,llorize Escrow Agent to receive, deposit a..,, hold funds and other items escrow and, subject to clearance, disburse them upon proper authorization and in accordance with the terms of it:.. Contract, including disbursing brokerage fees. The parties agree that Escrow Agent will not be liable to any person t, . misdelivery of escrowed items to Buyer or Seller, unless the misdelivery is due to Escrow Agent's willful breach of ti�:- ` ^' Contract or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay ii filing fees and costs from the deposit and wili mcover reasonable attorneys' fees and costs to be paid front it,, escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. All claim, against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 16. PROFESSIONAL ADVICE,- 3ROKER UABII_ITY: Broker advises Buyer and Seller to verity all facts and represeniatn. that are important to them and to consult an appropriate professional for legal advice (for example, interpreting contra,.- . determining the elect of laws on the Property and transaction, status of title, foreign investor reporting requirements, E::. and for tax, property condition, environmental and other specialized advice. Buyer acknowledges that Broker does t. reside in the Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or public records unless Broker indicates personal verification of the representation. Buyer agrees to rely solely on Seller, professional Inspectors and govemmental agencies for verification of the Property condition and facts that materially affect Property value. Buyer and Seller respectively will pay all costs and expenses, including reason;,t attorneys' fees at all levels, incurred by Broker and Broker's officers, directors, agents and employees in connection �.. or arising from Buyer's or Seller's misstatement or failure to perform contractual obligations. Buyer and Seller h,. harmless and release Broker and Broker's officers, directors, agents and employees from all liability for loss or dant:,,: based on (1) Buyer's or Seller's misstatement or failure to perform contractual obligations: (2) Broker's performance Buyer's and/or Seller's request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amend, including Broker's referral, recommendation or retention of any vendor; (3) products or services provided by any veno-1 and (4) expenses incurred by any vendor. Buyer and Seller each assume full responsibility for selecting snit compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. For purposes of it l paragraph, Broker will be treated as a party to this Contract. This paragraph will survive closing. 17. BROKERS: The licensee(s) and brokerage(s) named below are collectively referred to as 'Broker." Seller and Buyer acknowledge that the brokerage(s) narned below are the procuring cause of this transaction. Instruction to Closing Agent: Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in separrt,- brokerage agreements with the parties and cooperative agreements between the brokers, unless Broker has retained such fees from the escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage fees as indicated below. r n/a Ross W. McIntosh I Real Estate Licensee Real Este Uoensse Y I Broker / Bratioage Age Broft /slope Aee: ADDITIONAL TERMS t 18. ADDITIONAL TERMS: Brokerage fees due Ross W. McIntosh shall be paid by Buyer. In the event that Buyer determines the property to be suitable, upon the expiration of the s• _feasibility study period. the initial deposit shall be paid- to Seller from escrow, subject to Seller's prior execution.. f a mdmorandum of a reement to be pilebared,by Buyer and r recorded in the Public Re 'order of Collier Count v. ILL Co CJ�t 1 This is intended to be a legalty binding contract. If not fully understood, seek #_*_i2&1W0an attorney prior to signing. OFFER AND ACCEPTANCE r (Check if applicable: O Buyer received a written real property dsclosure statement from Seller before makli this Offer.) 4 Buyer offers to purchase the Property on terms and oordAlons. Unless this Contract Is signed by Seller anti i. s• copy delivered to Buyer no later than 5 O am. tti:rp.m. on February 5 19_L9_, this offer will be e revoked and Buyer s deposit refunded t clearance of s. r Date: January 29, 1999 Buyer Tax ID/SSN: e' Peet rant :' Layren q R. Portnoy G. L. Homes of Naples Associates, Inc. 9- Date: Buyer. Tax ID/SSN: p' Prix rwra: - it- Phone: Address: +a• Fax: t3• Date: Seller. Tax ID/SSN: Print r. Date: �• �`�PI `" — ax OWN: Prkv . low Roll a if' Phone: Address: AA'1nn 26th srreat cv y Fax: 1.ahlah Arrag. FL 11971—IR?l G Seller counters Buyer's offer to t:NDA ITEM y ( accept the counter oiler, Buyer must sign or Initial the counter offered ter s and qtr copy of the acceptance to Seller by 5:t)0 p.m. on 19_j. O Seller rejects Buyer' Offer.No� Eff act' re Date: (The date on which the last party signed or initialed acceptance of th final d*AN 2 2 19g Buyer lJ and Seller U advtowie ige receipt of a copy of this page, which is Page 4 of 4 Page �%D Tne Fk*vU Assoc atm or P&iLmns and local BoardrAUOoMm W fiauora mire. rmo oor...xawn r fo err k gw eaary or &dsgmrey of ww prdawn or form _- sPWI(W. WW.AKt*M This standard- W fort shoLid not be IOW In gOnpiatt hwaCdorr or YrMh odueM efdars of adtllom Thin farm 4 avolabls for user antwa rest asl.,r "W USIN yid n not MtarWaO to 00114V "M user, as a Pbx RFxm taw ,wnlarl—I ­L­ ft.. mwr�h...hln ,....,. x..r ...... a... »..w .._..... _ _ _.... L:. PARTIES AND DESCRIPTION OF PROPERTY 2' 1. SALE AND PURCHASE Fred Reisman ( "Seller") 3• and G. L. Hopes. of Naples Assoicates, Inc. ( "Buyer") 4 agree to sell and buy on the terms and conditki ns specified below the property rPropW described as: 5' Address: n/a e• Legal Description: W i of E 4 of SW i of SW i of NW i, Section 28 Township 48, Range 26, 7• Collier County, Florida, OR1606 PG 799 e• 10• 1r 12• including all improvements and the following additional property: n/a 13 PRICE AND FINANCING 14' 2. PURCHASE PRICE $ payable by Buyer in U.S. hinds as follows: 15* (a) $ n/a Deposit received (checks are sub)ect to clearance) . 19 by t6, for CEmaw Agent] 17 Nwro of CVrpaV le• (b) $ 8.750. Additional deposit to be made by ugon acceptance , 19 Escrow agent shall be Ruden, McCloskey t9' (c) n/a Total Financing (see Paragraph 3 below) (express as a dollar amount or percentage) 20• (d) $ n/a Other: n/a 21• (e) $ 681 t not including Buyer's closing costs, prepaid items and proration). All zz drawn cashiers check or wired funds. 23• ❑ (f) (complete only if purchase price will bemaWmin 24• used to determine the purchase price is O lot O acre O 25• prorating areas of less than a full Unit. The purchase price w 2e total area of the Property as certified to Buyer and Setter by 27' 8(c) of this Contract. The following rights of way and other ze• per unit cost instead of a fixed price) The unit other (specify: n/a 1 per unit based on a calculation of Lensed surveyor in accordance with Paragraph eluded from the calculation: n/a 29• 3. CASH/FINANCING: (Check as applicable) XX (a) Buyer Will pi. W�nand erty with no financing contingency. 30' ❑ (b) This Contract is contingent on Buyer qualifying and obtai t(s) or approval(s) specified below wit �1 days from Effective Date (ii left blank then Closing Date or tive Date, whichever occurs first). Buy,. 32• wilt apply for financing within days from Effective Date (5 dapplication Period") and will timely provide 33 any and all credit, employment, financial, and other information rder. If Buyer, after using diligence and 3.1 good faith, cannot obtain the financing, either party may cancel thuyer will return to Seller all title evidence Js and surveys provided by Seller, and Buyers deposit(s) will be returned after Escrow Agent receives proper authorization from 36 all interested parties. Buyer will pay all loan expenses, including the lender's title insurance policy. 37' ❑ (1) New Financing: Buyer will secure a commitment for new third party financing for $ n/a or 38' % of the purchase price at the prevailing interest rate and loan costs. Buyer will keep Seller and Broker fully 3e informed of the loan application status and progress and authorizes the lender or mortgage broker to disclose all 40 such information to Seller and Broker, 41' ❑ (2) Seller Financing: Buyer wig execute a O first D second purchase money note and mortgage to Seller in the 42' amount of $ n/a . bearvtg annual Interest at % 8nd payable as bows: n/a 43' 44 The mortgage, note, and any security, agreement will be in a form acceptable t0 Seller and will follow forms generally 45 accepted in the county where the Property is located; will provide for a late payment fee and acceleration at the 4F mortgagee's option if Buyer defaults; will give Buyer the right to prepay without penalty all or part of the principal at any 67 time(s) with interest only to date of payment; will be due on conveyance or sale; will provide for release of contiguous 48 parcels, if applicable; and will require Buyer to keep liability, hsurar" on the Property, with Seller as additional named 49 insured. Buyer authorizes Seller to obtain credit, employment and other necessary information to determine 50 creditworthiness for the financing. Seller will, within 10 days from Effective Date, give Buyer written notice of whether or 51 not Seller will make the loan. 52' O (3) Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to n/a 53• 54' LNft in the approximate amount of $ n/a currently payable at 55' $ per month including principal, interest, ❑ taxes and insurance and having a O fixed D other 56' (describe) 57' interest rate of %'which O wig O wig not escalate upon assumption. Any varfence in to mortgega Will be 5e acWed in the balance due at dosing with no ed�ustment to purchase price. Buyer will purdnme SeBef s escrow 59' account dollar for dollar. If the lender disapproves Buyer. or the interest rate upon transfer exceeds % or the W assumption/transfer fee exceeds $ , either party may elect to pay the excess, faNi �. 61 agreement will terminate and Buyer's deposit(s) will be returned. F�Z ENN�DD 1((T�� ez CLOSING "`� 6,3 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession d or before 54' November 19 1999_., unless extended by other provisions of this Contract. If on Cldf 'r�n�99 e5 underwnti 1s suspended, Buyer may postpone closing up to 5 days. r>8' Buyer Z U and Seller ( l.) adarowlerlge mosipt d a copy of this page, wte is Page 1 of 4 PQ.L VAC-3 4/98 01998 l bride ASWCk ion of REALTOPtO At fllgrlts Pawned Ur 5. CLOSING PROCEDURE; COSTS: it I isurance insures Buyer for title defects ansir^ between the title b hdel eltectm:.!,,t, 68 and recording of Buyer's dead, closing ay. A will disburse at dosing the net sale procm , Seller and brokerage fees to Broke: 69 of per Paragraph 17. In addition to other expenses provided in flits Contract, Seller and Buyer will pay the costs indicated below. 70 (a) Seller Costs: Seller will pay taxes on the deed and recording fees for documents needed to cure title; certified. 71' confirmed and ratified special assessment liens; title evidence (f applicable under Paragraph 8); Other: n/a n• 73 (b) Buyer Costs: Buyer will pay taxes and recording fees on notes and mortgages and recording fees on the deed 74 and financing statements; loan expenses; pending special assessment liens; lender's title policy at the simultaneous 75' issue rate; inspections; survey and sketch; insurance; Other: n/a 76 (c) Title Evidence and Insurance: Check (1) or (2): 77' X3 (1) Seller will provide a Paragraph 8(a)(1) owner's title insurance commitment as title evfdence.ZXSeller G Buyer 78• will -.elect the title agent. zi Seller O Buyer will pay for the owner's title policy, search, examination and related 79 charges. Each party will pay its own closing fees. W O (2) Seller will provide title evidence as specified in Paragraph 8(a)(2). 0 Seller O Buyer will pay for the owner's tiff, e1 policy and select the title agent. Seller will pay fees for title searches prior to dosing, including tax search and 11e„ B2 search fees, and Buyer will pay fees for title searches after closing (if any), title examination fees and closing fees. e3 (d) Prorations: The following items will be made current and prorated as of the day before Closing Date: real estate 84 taxes, interest, bonds, assessments, IAases and other Property expenses and revenues. If taxes and assessments for 95 the current year cannot be determined, the previous year's rates will be used with adjustment for any exemptions. es (e) Tax Withholding: Buyer and Seller will comply with the Foreign Investment in Real Property Tax Act, which may e7 require Seller to provide additional cash at closing if Seller is a 'foreign person' as defined by federal law. W PROPERTY CONDITION 89 6. LAND USE: Seller will deliver the Property to Buyer at the time agreed in its present 'as is' condition, with conditions 90 resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will maintain the landscaping an t 91 grounds in a comparable condition and will not engage in or permit any activity that would materially alter the Property's 92 condition without the Buyer's prior written consent. 93 (a) Flood Zone: Buyer is advised to verity by survey, with the lender and with appropriate govemment agencies which 94 flood zone the Property is in, whether flood insurance is required and what restrictions apply to improving the Property ancf 95 rebuilding in the eVi6nt of casualty. 96 (b) Government Regulation: Buyer is advised that changes in government regulations and levels of service which 97 affect Buyer's intended use of the Property will not be grounds for canceling this Contract if the Feasibility Study 99 Period has expired or if Buyer has checked choice (c)(2) below. 99 (c) Inspections: (check (1) or (2) below) 100• O (1) Feasibility Study: Buyer will, at Buyer's expense and within 30 days from Effective Date ('Feasibility Study 101• Period'), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for subdivision use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental 103 assessment and any other tests, analyses, surveys and investigations ('Inspections') that Buyer deems necessary tU 104 determine to Buyer's satisfaction the Property's engineers g, architectural and environmental properties; zoning and — 105 zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other 106 utilities; consistency with local, state and regional growth management plans; availability of permits, government 107 approvals, and licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability 106 for the Buyer's Intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate 109 government agencies. Seller will sign all documents Buyer is required to file In connection with development or 110 rezoning approvals. 111 Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility 112 Study Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and 113 assigns enter the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless 114 from losses, damages, costs, claims and expenses of any nature, including attomeys' fees, expenses and liability 115 incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of 116 any and all Inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a 117 construction lien being filed against the Property without Seller's prior written consent. If this transaction does not Ile close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and 119 return the Property to the condition It was In prior to conduct of the Inspections, and (2) release to Seller all reports 120 and other work generated as a result of the Inspections. 121 Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's 122 determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement 123 will constitute acceptance of the Property as suitable for Buyer's intended use in its 'as is' condition. If the Property 124 is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed 125 terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) YAP be returned after Escrow 126 Agent receives proper authorization from all interested parties. 127' 0 (2) No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including being 126 satisfied that either public sewerage and water are available to the Property or the Property will be approved for thc; 129 installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations 130 and restrictions, such as subdivision or deed restrictions, concurrency, growth management and environmental 131 conditions, are acceptable to Buyer. This Contract is not contingent on Buyer conducting any further investigations. 132 7. RISK OF LOSS; EMINENT DOMAIN: If any portion of the Property is materially damaged by casualty before clo5uly. 133 or Seller negotiates with a govemmental authority to transfer all or part of the Property in lieu of eminent domain proceedings. 134 or if an eminent domain proceeding is initiated. Seller will procrtptty inform Buyer. Either party may Cwx* this Contract 135 by written notice to the other within 10 days from Buyer's receipt of Seller's notification, failing which Buyer will close in 136 accordance with this Contract and receive all payments made by the government authority or insurance company, if any. 137 TITLE 138 8. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, Lexceptions, fAl�lft�M 139 or guardian deed as appropriate to Seller's status. 40 (a) Title Evidence: Title evidence will show legal access to the Property and marketable titl 141 accordance with current title standards adopted by the Florida Bar, subject only to the following ons. none r,l ,ar which prevent Buyer's intended use of the Property as suhdiA,J J a : co tl? �kQ 143 restrictions of record; matters of plat; exis ting zoning and goverment regulations; oil, gas and m (fir o144 there is no right of entry; current taxes; mortgages that Buyer will assume; and encumbrances tha discharge at 145 or befo closing. Seller will, prior to closing, deliver to Buyer Seller's choice of one of the following e evide e. 146 Bute► U U) and Seller U) (: 1 aclvbleda receipt of a copy of this page, which is Page 141 which must be generally accepted 1, le county where the Property is located cify in Paragraph 5(c) the setecta,1 148 type). Seller will use option (1) in Palm Beach County and option (2) in Dade County. 149 (11 A title insurance commitment issued by a Florida - licensed title insurer In the amount of the purchase price anti 150 subject only to title exceptions set forth in this Contract. 151 (2) An existing abstract of title from a reputable and existing abstract fine (d firm is not existing, then abstract must bt? 152 certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the 153 Property recorded in the public records -of the county where the Property is located and certified to Effective Dr 154 However if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed ins 155 as a base for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a fora. 156 acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent, 157 together with copies of all documents recited in the prior policy and in the update. If a prior policy is not available to 1S8 Seller then (1) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. 159 (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, within 5 days from receipt 16n of title evidence but no later than closing, of any defects that make the title unmarketable. Seller will have 30 days front 161 receipt of Buyer's notice of defects ( "Curative Period ") to cure the defects at Seller's expense. If Seller cures the 162 defects within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on 163 Closing Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed. If Seller is unable to 164 cure the defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 10 days from 166 receipt of Seller's notice, either cancel this Contract or accept title with existing defects and close the transaction. 166 (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written 167 notice to Seller, within 5 days from receipt of survey but no later than closing, of any encroachments on the Property. 166 encroachments by the Property's improvements on other lands or deed restriction or zoning violations. Any such 169 encroachment or violation will be treated in the same manner as a title defect and Buyers and Sellers obligations will 170 be determined in accordance with subparagraph (b) above. If any part of the Property lies seaward of the coastal 171 construction control line. Seller will provide Buyer with an affidavit or survey as required by law delineating the line's 172 location on the property, unless Buyer waives this requirement in writing. 173 MISCELLANEOUS 174 9. EFFECTIVE DATE; TIME: The 'Effective Date" of this Contract is the date on which the last of the parties initials or 175 signs the latest offer. Time is of the essence for all provisions of this Contract. All time periods expressed as days will 176 be computed in business days (a "business day" is every calendar day except Saturday, Sunday and national legal 177 holidays). If any deadline falls on a Saturday, Sunday or national legal holiday, performance will be due the next business 178 day. All time periods will end at 5:00 p.m. local time (meaning in the county where the Property is located) of the 179 appropriate day. too 10. NOTICES: All notices will be made to the parties and Broker by mail, personal delivery or electronic media. Buyer's tat failure to deliver timely written notice to Seller, when such notice is required by this Contract, regarding any contingencies 182 will render that contingency null and void and the Contract will be construed as if the contingency did not exist. 183 11. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage tar agreements, no prior or present agreements will bind Buyer, Seller or Broker hitless Incorporated into this Contract 1as Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatur 186 initials, documents referenced in this Contract, counterparts and written modifications communicated electronically or on pa, 187 will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in L'. 18a attached to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable. 169 all remaining provisions will continue to be fully effective. This Contract will not be recorded in any public records. ,90 12. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Sellers written consent. The terms 191 "Buyer," "Seller," and "Broker" may be singular or plural. This Contract is binding on the heirs, administrators, executors. 192 personal representatives and assigns (f permitted) of Buyer, Seller and Broker. 193 DEFAULT AND DISPUTE RESOLUTION ;9 13. DEFAULT: (a) Seller Default: if for any reason other than failure of Seller to make Sellers title marketable after diligent effon 195 Seller fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyers deposit without 196 waiving the right to seek damages or to seek specific performance as per Paragraph 16. Seller will also be liable to Broker for 197 the full amount of the brokerage fee. (b) Buyer Default: If Buyer fails to perform this Contract within the time specified, including 198 tirrey, payment of all deposits. Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated +s9 damages or to seek specific performance as per Paragraph 16; and Broker will, upon demand, receive 50% of all deposits Zoo paid and agreed to be paid (to be split equally among cooperating brokers) up to the full amount of the brokerage fee. 201 14. DISPUTE RESOLUTION: This Contract will be construed under Florida law. Al controversies, claims, and other matters if 1 202 question between the parties arising out of or relating to this Contract or its breach will be settled as follows: 203 (a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seller will have 30 days fro*t 204 the date conflicting demands are made to attempt to resolve the dispute through mediation. If that fails, Escrow Agent 205 will submit the dispute, If so required by Florida taw, to Escrow Agent's choice of arbitration, a Florida court or the 206 Florida Real Estate Commission. Buyer and Seller will be bound by any resulting settlement or order. 207 (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to 208 resolve the matter through mediation, failing which the parties will resolve the dispute through neutral binding 209 arbitration in the county where the Property is located. The arbitrator may not alter the Contract terms or award any 210 remedy not provided for in this Contract. The award will be based on the greater weight of the evidence and will 211 state findings of fact and the contractual authority on which it is based. If the parties agree to use discovery, it will 212 be in accordance with the Florida Rules of Civil Procedure and the arbitrator will resolve all discovery- related 213 disputes. Any disputes with 'a real estate licensee named in Paragraph 17 will be submitted to arbitration only if tlx: 214 l'icensee's broker consents in writing to become a party to the proceeding. This clause will survive closing. 215 (c) Mediation and Arbitration; Expenses: "Mediation" is a process in which parties attempt to resolve a dispute by 216 submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to im 217 settlement on the parties. Mediation will be in accordance with the rules of the American Medial o IeWAPIT 218 mediator agreed on by the parties. The parties will equally divide the mediation fee, if any. "Arbi ation" is a process' 219 which the parties resolve a dispute by a hearing before a neutral person who decides the matter nd w* ng t� ^^ 220 binding on the parties. Arbitration will be in accordance with the rules of the American Arbitratio Association or other ^2 arbitrator agreed on by the parties. Each party to any arbitration will pay its own fees, costs anal exp�e{{1�ss�,� u��ciyd11�y� :22 attorneys' fees, and will equally split the arbitrators' fees and administrative fees of arbitration. In civil a�li,arlitded,109 223 an arbitration award, the prevailing party to the arbitration shall be entitled to recover from th nonprevailing party 224 reaso ble attorneys' fees, costs and expenses. 225• Buyer ( and Seller( ( ^, acknowledge receipt of a copy of this page, which is Pag43 of VAC -3 4798 ?ni 990 Florida Assoclatlon of REALTORS® All Rlohts Reserved ',CROW AGENT AND BROKER 15. ESCROW AGENT: Buyer and Seller r...,norize Escrow Agent to receive, deposit hold funds and other item - .,. escrow and, subject to clearance, disburse them upon proper authorization and in accordance with the terms of u: Contract, including disbursing brokerage fees. The parties agree that Escrow Agent will not be liable to any person t, misdelivery of escrowed items to Buyer or Seller, unless the misdelivery is due to Escrow Agent's willful breach of Contract or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay tf filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from tl , + escrowed funds or equivalent and charged aM awarded as court costs in favor of the prevailing party. All c:low. + against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 16. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representati,. that are important to them and to consult an appropriate professional for legal advice (for example, interpreting contras i determining the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, and for tax, property condition, environmental and other specialized advice. Buyer acknowledges that Broker does reside in the Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or public records unless Broker indicates personal verification of the representation. Buyer agrees to rely solely on Seller, professional inspectors and govemmental agencies for verification of the Property condition and facts that materially affect Property value. Buyer and Seller respectively will pay all costs and expenses, including reasoner attorneys' fees fees at all levels, incurred by Broker and Broker's officers, directors, agents and employees in connection a or arising from Buyer's or Seller's misstatement or failure to perform contractual obligations. Buyer and Seller 1),,! i A harmless and release Broker and Broker's officers, directors, agents and employees from all liability for loss or dam:,,; based on (1) Buyer's or Seller's misstatement or failure to perform contractual obligations; (2) Broker's performance 11 Buyer's and/or Seller's request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amende J " including Broker's referral, recommendation or retention of any vendor; (3) products or services provided by any venclut ::, and (4) expenses incurred by any vendor. Buyer and Seller each assume full responsibility for selecting ano 5o compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. For purposes of this =+ paragraph, Broker will be treated as a party to this Contract. This paragraph will survive closing. 17. BROKERS: The licensee(s) and brokerage(s) named below are collectively referred to as 'Broker.' Seller and Buyer acknowledge that the brokerage(s) named below are the procuring cause of this transaction. Instruction to Closing Agent: �+ Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in separate :5 brokerage agreements with the patties and cooperative agreements between the brokers, unless Broker has retained sucn 56 fees from the escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage fees 57 as indicated below. 5e• John R. Wood, Inc. Ross-W. McIntosh 59 Real Estate licensee Red Estate Lloerrtsw 6( by Broker / Brokerage lee: B7okw/ Brokerage lee: cc, ADDITIONAL TERMS rip 18. ADDITIONAL TERMS: Brokeratte fees due Ross W. McIntosh shall be paid by Buyer. In the 64- event that Buyer determines the Property to be suitable, upon the expiration of the 65' reasibillty study Perloa, the initial aeposit snail Pe pals to 4eller rrom escrow, suoIecL 6e• to Seller's prior execution of a memorandum of agreement to be Prepared.by Buyer and b7• recorded in the Public Records of Collier County. Brokerage fees due John R. Wood. Inc. shall La- be paid by Seller. 1 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney prior to signing. OFFER AND ACCEPTANCE 7e• (Check if applicable: O Buyer received a written real property disclosure statement from Seller before making this Offer.) 7.4 Buyer otters to purchase the Property on th,4,.abpve terms and conditions. Unless this Contract is signed by Seller and , •75• copy delivered to Buyer no later than a 7 0 a.m. MQO.m. 999ggq February 5 1931_, this offer will W '76 revoked and Buyer's deposit refunded to clearance of (1 7r Date: January 29, 1999 Buyer. �V( Tax ID/SSN: 78• Print name: Lawrence R. Portno . y - G. L. Homes of Naples Associates, Inc. 79• Date: Buyer. Tax ID /SSN: W Print name: 8v • Phone: Address: 62• Fax: w• Date: Seller. Tax ID/SSN: 64, f Print name: n ^ § 0 :•: Dale: Seller: Tax ID /SSN: 06, Print name: Fred Reisman -ar Phone: Address: 5151 Collins Avenue, #433 —E ::•t• Fax: Miami Beach, FL 33140 -2714 0 Seller counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the canter offered terms and deh-ri . ^kr copy of the acceptance to Seller by 5:00 p.m. on —,19 Cl Seller rejects Buyt-r'g ntt.....atipr .,�. Date: (The date on which the last party signed or initialed acceptance of Buyer and Seller (_� (� acknowledge receipt of a copy of this page, wtrch is Page 4 of 4 Pads. ' ' t, i 2 2 1999 is t T O FkM" Asaocotgn d WxTOas and local eowWAaSccieb n of RLALmm make no fearemovAnm as to the NpY vak ty or adequwy of mW povisfon Of tho torte n surly spaaec bwtaantom This starulm :ed term shdl/d not be used In 6affow Vafmcows or wMh asbroM riders or adAeoro. Tide larm Is availam for u+w �,by d» emir rW estate -NOLA ry and s rot intended to tdantily to luau r a Ruimw P&I.LT a to a reylotered ooaeclWa rtwrt6eratYp nrrk eW mw ba uad ortry by nai estate W j+saea who are men Imo' of the National Association Of RrxTOns and wtw arbaoba b ks coda or MW 1! t t u a,rhftJs taws old* LhVed Sw1es (17 U.S. COCW b7rb d the vvLVcrVW repmxk cwn d b" b. h/ arty meern MKA6np Eaol nle a arrgaertred IOrtrK. ,.:... -P a. VAC 't •1 /98 m m98 nonda Association of REALTORS® AN Rights Reserved 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8629N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS RIGAS PUD FOR MAXIMUM OF 725 RESIDENTIAL DWELLING UNITS AND A MAXIMUM OF 10,000 SQUARE FEET OF CONVENIENCE COMMERCIAL AND RECREATIONAL USES FOR PROPERTY LOCATED ON THE SOUTH SIDE OF LMMOKALEE ROAD (C.R. 846), APPROXIMATELY ONE MILE EAST OF 1 -75 AND ONE MILE WEST OF C.R. 951, IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 234-- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Donald W. Arnold, AICP, of Wilson, Miller, Barton & Peek, Inc., representing G.L. Homes of Naples Associates, Ltd., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 28, Township 48 South. Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the Rigas PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8629N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 33 1999. 34 35 36 37 38 39 ATTEST: 40 41 42 DWIGHT E. BROCK, Clerk 43 44 45 46 Approved as to Form 47 and Legal Sufficiency 48 49 50 51 Marjorie M. Student 52 Assistant County Attorney 53 54 PUD -99 -06 ORDINANCE/ 55 56 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman -I- RIGAS A PLANNED UNIT DEVELOPMENT 232± Acres Located in Section 28, Township 48 South, Range 26 East, Collier County, Florida PREPARED FOR: G. L. HOMES OF NAPLES ASSOCIATES, LTD. 1401 University Drive, Suite 200 Coral Springs, FL 33071 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200 Naples, FL 34105 EXHIBIT "A" 3 e-e � � rm V 10 DATE FILED 3/15/99 DATE APPROVED BY CCPC 6/3/99 DATE APPROVED BY BCC ORDINANCE NUMBER AGENDA ITEM � lLZ a 2 2 199E 6.9'99 -54260 Va 041- WARNOLD 03 16& 000-001 -EMAP -23291 TABLE OF CONTENTS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT SECTION III RESIDENTIAL SECTION IV RECREATION CENTER SECTION V PRESERVE SECTION VI GENERAL DEVELOPMENT COMMITMENTS EXHIBIT A RIGAS PUD MASTER PLAN (WMB &P File No. D- 3166 -03) EXHIBIT B LEGAL DESCRIPTION AND PROPERTY OWNERSHIP ti9r99 -420 Va O41- WARNOLD 03161 -EM" -23291 PAGE u 1 -1 2 -1 3 -1 4 -1 5 -1 6 -1 AGENDAI cs�r �u; 2 2 1999 Est ii STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of G. L. Homes of Naples Associates, Ltd., hereinafter referred to the Developer, to create a Planned Unit Development (PUD) on 232± acres of land located in Section 28, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Rigas. The development of Rigas will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The subject property is within the Urban Mixed Use Residential District as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District is to provide for a variety of residential and mixed -use developments such as Planned Unit Developments. 2. The proposed residential density of Rigas is 3.13 dwelling units per acre which is less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The entire subject property qualifies for a base density of four (4) units per acre. The proposed project also qualifies for one additional dwelling unit above the base density, for a total permissible density of five (5) dwelling units per acre, due to the proposed access to two arterial or collector roadways The proposed maximum 10,000 square feet of convenience commercial and personal service uses located in the Recreation Center, are consistent with the proposed Future Land Use Element, PUD Neighborhood Village Center Subdistrict. Development of convenience commercial uses authorized in this PUD shall not be permitted until such time as the Future Land Use Element of the Growth Management Plan providing for the PUD Neighborhood Village Center Subdistrict (Ordinance 97 -67) is determined to be legally effective as provided by Subsection 163.3189(2)6, Florida Statutes. 3. Rigas PUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 5. The development of Rigas PUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. 6. Rigas PUD is a large scale mixed use community, and is planned to encourage ing nuity,'- ' �A ITEM innovation and imagination as set forth in the Collier County Land Developmen Co*._� (LDC) Planned Unit Development District. JUN 2 2 1999 W?IW54260 Ver. 041- WARNOID 03186000. 001 -EMAP -23291 Pg. _ Rigas PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 8. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. 8/7199-54260 Ve 041- WARNOLD 03168- 000. 001 -E MAP -23291 AGEND�A /I,T�EM No.Z'�= L� JUN 2 2 1999 Pg. f' _ IV SHORT TITLE This ordinance shall be known and cited as the "RIGAS PLANNED UNIT DEVELOPMENT ORDINANCE ". AGENDA ITEM NO.� JUN 2 2 1999 e17ea542W Var. 041- WARNOLD 031 BB- 000001 -EMAP -23291 Pg.� 1 -1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Rigas PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION See attached Exhibit `B." 1.3 PROPERTY OWNERSHIP See attached Exhibit `B." 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 28, Township 48 South, Range 26 East. The site is generally bordered on the west by Golden Gate Estates; on the north by Immokalee Road; on the east by the Heritage Greens PUD, developed residential/golf course community, zoned PUD; and on the south by Island Walk PUD. B. The zoning classification of the subject property at the time of PUD application is Rural Agricultural. C. Elevations within the site are approximately 13' above MSL. Per FEMA Firm Map Panel No. 120067 215 D, dated June 3, 1986, the Rigas property is located within Zone "X" of the FEMA flood insurance rate map. D. A majority of the site has been altered through past and current agricultural uses; however, a portion of the site does contain jurisdictional wetlands. An EIS has been submitted, pursuant to Division 3.8 of the LDC. E. The soil types on the site generally include fine quartz sand and organic loam. This information was derived from the Soil Survey of Collier County, Florida. F. Rigas contains a variety of vegetative communities, including cropland and pastures, woodland pastures, pine flatwoods, and palmetto prairies. A detailed vegetative inventory and map is included in the Environmental Impa STEM attachment to the Application for PUD Rezoning packet. IN -.,/,� 6RMIF -U 80 Ver. 04!- WARNOLD JUN 2 2 1999 031 e8. 000.001 -E MAP -23291 Pg. -2-1 1 -2 G. The project site is located within the Collier County Water Management District Number 7, Harvey Basin. 1.5 PERMITTED VARIATIONS OF DWELLING UNITS A maximum of 725 dwelling units are permitted within the Rigas PUD. This maximum of 725 dwellings may include single - family, two- family, duplex, zero lot line, patio, townhome and multi - family dwelling unit types. 1.6 DENSITY A. Acreage of Rigas is approximately 232 acres and the number of dwelling units authorized to be built pursuant to this PUD is a maximum of 725. The gross project density, therefore, will be a maximum of 3.13 units per acre. B. At all times all property included within Rigas as described in Section 1.2 shall be included in determining project density, including lands reserved for Collier County road right -of -way. AGENDA ITEM No,a�143 � ; � 2 2 1999 6!719654290 Ver 041- WARNOLD 031 WOW- 001 -EMAP -23291 .� 2.1 2.2 2.3 SECTION II PROJECT DEVELOPMENT MV101" 2 -1 The purpose of this Section is to generally describe the plan of development for Rigas, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Rigas will be developed as a mixed use residential community, which may feature a full array of residential dwelling types, and a recreation center, providing for activities such as community gatherings, recreational amenities, convenience commercial uses and personnel services, central to community residents. B. The Master Plan is illustrated graphically on Exhibit "A" (WMB &P, Inc. File No.D- 3166 -03). A Land Use Summary indicating approximate land use acreages is shown on the plan. The master plan is conceptual, and the location, size, and configuration of individual tracts shall be determined at the time of Final Site Development Plan and/or Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7 and 3.3 of the LDC. COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Rigas shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and the Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. A 577/9&54250 Ver 041- WARNOLD 0319&000- 001 -E MA P -23291 Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. AGENDA ITEM No. � JUN 2 2 1999 Pg._ g3 2 -2 D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land which compriF,s this PUD. E. All conditions imposed herein or as represented on the Rigas Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to Rigas, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.2.4. G. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Rigas, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.4. H. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. However, tracts platted for the purpose of establishing prototypical model homes shall be not be required to develop with a singular dwelling unit type. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. The developer may elect to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve the Project. The CDD will constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Rigas. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 ROADWAYS -- A. Roadways within Rigas may be included as one of the CDD provided infrastructure improvements. Standards for roads shall be in compliance with provisions of the LDC regulating subdivisions, unless otherwise mo 'fied,.waived or excepted by this PUD or approved during Preliminary Subdivision lat approval`` em99 -u2e0 ver a! -wArtNOLD JUN 2 2 1999 0318&000.001 { MAP -23291 2 -3 The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The Developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all privately owned and maintained project roadways and roadways built and/or maintained by the Rigas CDD. B. Roadways within Rigas shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following substitutions: 3.2.8.4.16. Streets and access improvements 1. Section 3.2.8.4.16.5 , Street Right -of -Way Width Street right -of -way width: The minimum right -of -way width to be utilized for local streets and cul -de -sacs shall be forty (40) feet. Drive aisles serving multi - family tracts shall not be required to meet this standard. 2. Section 3.2.8.4.16.6, Dead -end Streets Cul -de -sacs may exceed a length of one thousand (1,000) feet. 3. Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 4. Section 3.2.8.4.16.10, Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 3.2.8.3.17 Sidewalks, bike lanes and bike paths Section 3.2.8.3.17.3 The primary project entry road and loop road system shall have a minimum eight (8') foot wide pathway on one side of the street, which may meander in and out of the right -of -way. Cul -de -sacs and private streets less than 300 feet shall not be required to provide sidewalks. AG_7M No._!2 67/9&51280 Ver 011- WARNOID l JUN 2 2 1999 03188- 004OOI -E MAP -23297 pg._Y 2 -4 2.6 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. Removal of fill and rock from Rigas shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. 2.7 USE OF RIGHTS -OF -WAY Utilization of lands within all project rights -of -way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.8 MODEL HOMES /SALES CENTERS /SALES OFFICES/ CONSTRUCTION OFFICES A. CONSTRUCTION OFFICES 1. A temporary use permit shall be granted initially for a period not to exceed ` 24 months in length and may be renewed annually based upon demonstration of need pursuant to the requirements of Section 2.6.33.3. of the Collier County Land Development Code (LDC). 2. This use may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64E06, F.A.C. and may use potable or irrigation wells. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. B. MODEL HOMES, SALES CENTERS AND SALES OFFICES 1. Shall be permitted principal uses throughout the Rigas PUD. 2. Model homes shall be "wet" or "dry" facilities. a. "Wet" facilities may be occupied by a sales office and/or representative. b. "Dry" facilities shall be unoccupied by a sales office and/or representative. C. Transportation to and from unoccupied model homes shall be. provided at a sales center, which also provided required parking and handicapped accommodations in accordance with section 2.6.33.2 of the LDC. 3. Temporary use permits for model sales centers and sales offices that are located in permanent structures other than dwelling units, and dry model homes shall not be required. 8174&54280 Ver. 041- WARNOID 03188 - 000. 001 -EMAP -23291 AGENDA ITEM No.,,22� JUN 2 2 1999 pg. 6 2 -5 4. Temporary use permits for model sales centers, model homes or sales offices located in permanent structures within a dwelling unit shall be required. a. The temporary use permit shall be issued initially for a period of three (3) years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with section 2.7.4 of the Land Development Code, except where model homes are located within a "model home row ", in which case the Planning Services Director may extend the temporary use permit for all of the model units for a period equal to 99% Rigas PUD product sales. 5. Temporary use permits for a sales center in a temporary structure shall be issued initially for a period of three (3) years and may be renewed annually based upon demonstration of need. 6. A maximum of ten (10) model homes shall be permitted within this development prior to final plat approval as penmitted above. 7. Temporary use permits for a model sales center within an existing subdivision shall require a site plan as follows: in the case of a permanent structure which is a dwelling unit, a Site Improvement Plan (SIP) per section 3.3.8.4 of the LDC; in the case of a permanent structure which is other than a dwelling unit, a Site Development Plan (SDP); in the case of a temporary structure (mobile home or sales trailer), either a Conceptual Site Plan (CSP) which addresses the requirements of section 2.6.33.2 of the LDC, or a Site Improvement Plan, depending on the extent of the work required. 8. Temporary use permits for model homes to be located within a proposed single - family or multi - family development may be approved following administrative approval of a plat and construction drawings for all required infrastructure encompassing the lots on which the models are to be constructed pursuant to division 3.2, and a Conceptual Site Plan which addresses the requirements of section 2.6.33.2 of the LDC. Unoccupied (dry) model homes will be permitted only in conjunction with an approved SDP for a model sales center which provides adequate parking to support the model(s). 9. Temporary use permits for occupied (wet) model homes following subdivision approval shall require a Conceptual Site Plan which addresses the requirements of section 2.6.33.2 of the LDC. Temporary use permits for unoccupied model homes following subdivision approval shall require a Conceptual Site Plan and shall be issued only in conjunction with an approved Site Development Plan or Site Improvement Plan for a model sales center which provides adequate parking to support the model(s). 10. These uses may use septic tanks or holding tanks for waste dis AGENDATIMO subject to permitting under Rule Rule 64E06, F.A.C. and may se �.,Z__ � Bf IW542W VW 041- WARNOLD JUN 2 2 1999 03186004001 -E MAP -23291 Pg•� 2.9 2 -6 potable or irrigation wells prior to the availability of central utility systems at which time a connection to the central system shall be made. 11. All other applicable provisions of the Land Development Code pertaining to Model Homes, Sales Centers, Sales Offices and Construction office shall apply. CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the Rigas Master Plan upon written request of the Developer. The PUD Master Plan is a conceptual plan containing approximate acreages of each land use. The actual acreages shall be determined at the time of preliminary subdivision plat or site development approval and shall be consistent with jurisdictional agency determinations. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Rigas PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, preserve areas or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District or other applicable jurisdictional permitting agency and Collier County. 2. Internal realignment of rights -of -way other than a relocation of access points to the PUD, except where the access point is required by the appropriate jurisdictional agency. 3. Reconfiguration of residential parcels when there is no net identified as conservation or preserve. 6/1NP51200 VW, 04LWARNOLD 03186000.001 -EMAP -23291 AGENDA ITEM to ►����� JUN 2 2 1999 i 2 -7 C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Planning Services Director's consideration for approval. D. Approval by the Planning Services Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.10 COMMON AREA MAINTENANCE Common area maintenance will be provided by the CDD or by a Property Owners' Association. For those areas not maintained by the CDD, the Developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Rigas, in accordance with the provisions of Collier County Ordinance 90 -48 and Resolution 90 -292, together with any applicable permits from the South Florida Water Management District. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Rigas. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms Perimeter 2:1 Internal to project 3:1 3. Rip -Rap berms 1:1 with geotextile mat 4. Structural walled berms - vertical B. Fence or wall maximum height: six feet (6'), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6) in height from the top of berm elevation for berm elevation with an average side slope of 4:1 or less, and shall not exceed six feet (6) in height from th elevation for berms with an average side slope of greater than 4:1 (i.e. :0. t40-_60!!1 6l119P81280 Ver 041- WARNOLD l JUN 2 2 1999 03188. 000.001 -E MAP -23291 2 -8 C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Rigas PUD boundary prior to preliminary subdivision plat and site development plan submittal, however, the required landscape plans shall be submitted to the Planning Services Department for their review and approval prior to installation. D. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall be subject to the height limitations for principal residential structures. In the case of access control structures within right - of -ways adjoining two or more different districts, the more restrictive height standard shall apply. E. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers. F. Landscape berms located within the Rigas PUD boundary and contiguous to a property line and/or right -of -way line may be constructed such that the toe of slope is located on the property line and/or right -of -way line. G. The required easternmost property buffer shall be in accordance with the minimum requirements of the Collier County Land Development Code except: 1. The required vegetative buffer, north of the Heritage Greens golf course maintenance facility thence northerly along the eastern property line of the PUD to a point of connection with the Preserve Area shall be a minimum of fifteen feet (15') in width and shall be planted with canopy trees at an average twenty feet (20') on- center, with a three foot (3') hedge or berm/hedge combination. 2.12 FILL STORAGE Fill storage is generally permitted as a principal use throughout Rigas. Fill material generated from other properties owned or leased by the developer may be transported and stockpiled within areas which have been disturbed/farmed. Prior to stockpiling in these locations, the developer shall notify, the County Community Development and Environmental Services Administrator. The following standards shall apply: A. Stockpile maximum side slope 2:1, if protected by a six foot (6') high fence, otherwise a 4:1 side slope shall be required. B. Stockpile maximum height: Thirty feet (30') C. Fill storage areas in excess of five feet (5') in height shall be located raIu?V9AjmdcrLAc&4_J3 GE UMT three hundred feet (300') from any existing residential unit or residen construction. 8r/199 -512E0 YV 04!- WARNOLD I JUN 2 2 1999 0318&006 W 7.EW P•23291 Pg.__ 6., __ 2 -9 D. Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.13 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.1. B. Rigas is a planned community and will be developed under unified control. The Developer will establish design guidelines and standards to ensure a high and consistent level of quality for residential units and related community features and facilities, which include features and facilities such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.14 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.15 AGRICULTURAL ACTIVITIES The site is currently used for active row crop agricultural purposes, and associated and accessory uses thereto. These existing agricultural uses shall be permitted to continue throughout the project site and will be phased out as development occurs within individual parcels. All agricultural activities within the Rigas PUD shall cease within 5 years from the date of the preliminary acceptance of infrastructure improvements for the first platted residential tract. 2.16 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Rigas PUD except in the Conservation Area. General permitted uses are those uses which generally serve the Developer and residents of Rigas and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 6r7/99.54260 VW Oat- WARNOLD 03165- 006001 -E MAP -23291 AGENDA ITEM JUN 2 2 1999 Pg. qL-- 2 -10 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities. 7. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 9. Fill storage subject to the standards set forth in Section 2.12 of this PUD. 10. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. • Setback from back of curb or edge of pavement of any road - twelve feet (12') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Setback from PUD boundary: See Table 1, Development Standards 3. Minimum distance between unrelated structures - ten feet (10'). 4. Maximum height of structures - See Table 1, Development Standards 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Rigas design guidelines and standards, are to be in accordance with LDC in effect at the time of Site Development Plan Approval. 2.17 OPEN SPACE REQUIREMENTS The Collier County Land Development Code requires that mixed use projects maintain open space at a minimum of 30% of the project area. The PUD Master Plan identifies approximately 90± acres included in preserve, lakes, recreation tracts and buffers. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the 30% open space requirements of Section 2.6.32 of the LDC for mixed use developments. The area reserved for future Logan Boulevard Extension shall be credited toward meeting the project's open space requirements. AGENDA ITEM NO.� &7198.542W Ver, 04LWARNOLD JUN 2 2 1999 M 19&00D-W 1-EMA P -23291 Pg._2-� 2 -11 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS A. Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, 25% of the viable naturally functioning native vegetation on site shall be retained. Seventy-five percent (75 %) of the Code required trees and thirty-five percent (35 %) of the required shrubs shall be native species. 2.19 SIGNAGE A. GENERAL 1. All Collier County sign regulations, pursuant to LDC, Division 2.5, SIGNS, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Signs shall be permitted in public or private rights -of -way subject to approval of a Collier County right -of -way permit where applicable. 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project right -of -ways may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. a. All project and development signage adjacent to and/or visible from any dedicated County ROW shall be developed in accordance with the LDC, Division 2.5, SIGNS. B. BOUNDARY MARKERS 1. One boundary marker or monument may be located at each property corner, adjacent Immokalee Road and Logan Boulevard rights -of -way. The boundary marker may contain the name of the subdivision, and the insignia or motto of the development. 2. The sign face area may not exceed 64 square feet in area ffww"ITW exceed the height or length of the monument upon which it i locp d. If the sign is two- sided, each sign face may not exceed 64 squar feet in area. WIW54260 Ver. 041- VVARNOLD JUN 2 2 1999 03166000. 001 -E MAP -23291 2 -12 3. Sign face square footage is calculated by total square footage of name, insignia, and motto only. 4. The setback from any public right -of -way and any perimeter property line shall be 10 feet. 5. Boundary marker signage shall be ground mounted and the sign structure is limited to a maximum height of eight feet (8'). C. ENTRANCE SIGNS 1. Two ground or wall - mounted entrance signs maybe located at each entrance to the subdivisions within the PUD. Such signs may contain the name of the subdivision, and the insignia or motto of the development. 2. No sign face area may exceed 80 square feet and the total sign face area of Entrance Signs at each entrance may not exceed 160 square feet. If the sign is a single, two -sided sign, each sign face may not exceed 80 square feet in area. For three -sided signs, the third sign side may only face internal to the subdivision and only the project's name, motto or insignia may be displayed. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from the public right -of -way, and any perimeter property line shall be 15 feet. 4. Entrance signs may not exceed a height of 8 feet above the finished grade level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than the highest crown elevation of the nearest road. D. CONSTRUCTION ENTRANCE SIGNS 1. One sign, a maximum of 20 square feet in size, shall be permitted at each construction entrance, to identify the entrance. The sign may also advertise employment for construction trades. No building permit is required. A "-WA ITEM 3 NM 67R9.542WWr. 041- WARNOLD JUN 2 2 1999 0318&000 - 001 -EMAP -23291 Pg._,_,q E. F G. 2 -13 INTERNAL SIGNS 1. Directional or identification signs may be allowed internal to the development. Such signs may be used to identify the location or direction of approved uses such as, but not limited to models or model sales centers, club house, or recreational areas. Individual signs may be a maximum of 8 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side, and a maximum height of 8 feet. There shall be no maximum number of permitted directional or identification signs. 2. Real Estate signs with a maximum size of 4 square feet per side may be permitted in residential districts. Such signs may advertise "For Sale ", "Sold To ", "Lot # ", or similar verbiage. No building permit is required. 3. Grand Opening signs: The developer may display an on -site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. The banner sign shall be anchored and may be displayed on -site for the first three months that the occupant is open for business. RECREATION CENTER SIGNS 1. Signs within the recreation center shall be required to adhere to provisions of the Collier County LDC, Division 2.5, SIGNS, unless a unified signage plan is submitted and approved by the Planning Services Department Director at the time of final site development plan approval. The unified signage plan, if utilized, will indicate signage location, dimensions, and architectural style. All signage will be of a pedestrian scale and shall be designed in a uniform character. Signage within community recreation tracts shall not be visible from any public road right -of -way.. TRAFFIC SIGNS 1. Traffic signs such as street signs, stop signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs will be in accordance with DOT criteria. 2.20 SIDEWALKSBIKEPATHS A. Pursuant to LDC Section 3.2.8.3.17 and Section 2.5 of the Rigas PUD, sidewalks/bikepaths shall be permitted as follows: AGENDA ITEM 1. An internal pedestrian walkway system is permitted wit n easements. JUN 2 2 1999 W199 -84280 Ver 04!- We.RNO1.D 0318&000.001- EMAR23291 / Pg• 2 -14 2. Real Estate signs with a maximum size of 4 square feet per side may be permitted in residential districts. Such signs may advertise "For Sale ", "Sold To ", "Lot # ", or similar verbiage. No building permit is required. 3. Grand Opening signs: The developer may display an on -site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. The banner sign shall be anchored and may be displayed on -site for the first three months that the occupant is open for business. F. RECREATION CENTER SIGNS 1. Signs within the recreation center shall be required to adhere to provisions of the Collier County LDC, Division 2.5, SIGNS, unless a unified signage plan is submitted and approved by the Planning Services Department Director at the time of final site development plan approval. The unified signage plan, if utilized, will indicate signage location, dimensions, and architectural style. All signage will be of a pedestrian scale and shall be designed in a uniform character. Signage within community recreation tracts shall not be visible from any public road right -of -way.. G. TRAFFIC SIGNS 1. Traffic signs such as street signs, stop signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs will be in accordance with DOT criteria. 2.20 SIDEWALKSBIKEPATHS A. Pursuant to LDC Section 3.2.8.3.17 and Section 2.5 of the Rigas PUD, sidewalks/bikepaths shall be permitted as follows: 1. An internal pedestrian walkway system is permitted within drainage easements. 2. Sidewalks may be located outside platted rights -of -ways, when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. The Developer reserves the right to request substitutions to Code desi s i in accordance with Section 3.2.7.2 of the LDC. 1 No 4-1 2W anfMsazeo ver. ai•wARNa.o JUN 2 2 1999 03186000.001 -E MAP -23291 Pg._ q4 SECTION III RESIDENTIAL 3.1 PURPOSE M1 The purpose of this Section is to identify permitted uses and development standards for areas within Rigas designated on the Master Plan as "R ", Residential. 3.2 MAXJMUM DWELLING UNITS A maximum of 725 approved residential dwelling units may be constructed on lands designated "R," Residential on the PUD Master Plan. 3.3 GENERAL DESCRIPTION Areas designated as "R," Residential on the Master Plan are designed to accommodate a full range of residential dwelling types, general permitted uses as described by Section 2.16, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as "R ", Residential is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Attached and Detached Dwellings, Townhomes. 2. Single Family Patio and Zero Lot Line Dwellings. 3. Two - family and Duplex Dwellings. 4. Multi - Family Dwellings including Coach Home and Garden Apartments. 5. Model Home Center including offices for project construction, sales and marketing. &9/99 - 51260 V- 041- wARNOLD 03166-00040 I -EMAP -23291 . i DA ffW Pg-__?2_ 3 -2 6. Recreational facilities such as parks, play grounds, and pedestrian/bikeways 7. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in Section IIl, Residential. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the area identified as Residential on the PUD Master Plan. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for land uses within the Rigas PUD Residential area. ' B. Site development standards for single family, zero lot line, patio home, two- family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi - family standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Rigas design guidelines and standards, are to be in accordance with the LDC in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be in accordance with those standards of the zoning district which is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, the required property development regulations of Table 1 may be reduced, provided .a site development plan is approved by the Planning Services Director or his designee, in accordance with the criteria contained in Section 2.6.27.4.6.1 through 2.6.27.4.6.3 of the LDC. Within these types of developments, housing structure types including lot orientation may be mixed within the same development tract provided appropriate setbacks to meet minimum fire codes are provided between the lots or tracts in accordance with Table I. Compliance with this critjld"5WMNdA 5/14.99.54260 Ver 021- WARNOLD �� 2 2 lggg n.�.tcc m 1 03IW000- 001 -E%CkP -23291 Pg. qF __ 3 -3 demonstrated by the submittal of architectural schematics and building elevations, signed and sealed by an Architect registered in the State of Florida. F. During the Platting process, the developer shall identify the specific housing type intended for each platted tract. G. Detached dwelling unit types shall be subject to the below architectural duplication rules: 1. No identical homes shall be placed next to each other (i.e. same floor plan with the same exterior color scheme) 2. No more than three (3) of the same floor plan may be placed next to each other. 3. No more than three (3) of the same color scheme may be may be placed next to each other. H. Only detached dwelling unit products shall be constructed in the development parcel abutting the western property boundary of the Heritage Greens PUD, north of the Heritage Greens golf course maintenance facility. 14/99 -54260 Va 021- WARNOLD —.« —„o 03166- 000 - 001 -EMAP- 23291 --;G--EWA ITEM Na JUN 2 2 1999 pg. 3 -4 TABLE 1 RIGAS PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREA .. Building Height 6BH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. Sidewalks shall be located within the right - of -way. "I - With approval of Design Review Committee, rear yard setbacks for principal structures on lots which abut , lake, open space, or preserve area. Setback from lake for all accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Design Review Committee and Project Plan Review. *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the midpoint of the roofline of the structure. *3 - Units with side entry garage may have a 12' front yard setback. Units with front entry garage must have a minimum 20 foot front yard setback. *4 - Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. *5 - Minimum lot width may be reduced by 201/6 for cul-de -sac lots provided minimum lot area requirement is still maintained. *6 - Zero feet (0') or a minimum of five feet (5') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a ten foot (10') yard. Zero foot (0') yards may be used on either side of a structure provided that the opposite ten foot (10') yard is provided. Patios, pools and screen enclosures may encroach into the 10' yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used, a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the Building Dept. with the application for the first bldg. Permit. This plan will be used to determine the 10 foot spacing requirement between structures. *7 Distance between principal structures not inclusive of garages. *8- Townhome is a group of a three or more single family dwelling units attached to each other by a single common wall or roof wherein each unit has direct exterior access (inclusive of garage access) and no unit is located above another, and each unit is completely separated from any other(s) by a rated frrewall, and wherein the land may be subdivided into individual lots, be held in common ownership, or any combination thereof. ttio Home is a detached or semi - detached unit for a single family with one (1) dwelling unit from ground to roof wherein each ed at the lot line, thus creating a private yard between the house and the wall. 5/14/99 -54260 Ver: 021- WARNOLD R �'�rn 110 03166-000-001 -EMAP-23291 ,� ia�i313 JUN 2 2 1999 Pg. (/0 SINGLE FAMILY PATIO*9 & TWO FAMILY/ SINGLE FAMILY MULTI FAMILY DETACHED ZERO LOT LINE DUPLEX ATTACHED/ DWELLINGS TOWNHOME *8 Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF *4 3,500 SF NA Minimum Lot Width *5 40 35 35 35 NA Front Yard Setback (Principal and Accessory) 20 *3 20 *3 20 *3 20 *3 20 *3 Front Yard for Side Entry Garage 12 10 10 10 12 Rear Yard Setback (Principal) *1 10 10 10 10 15 Rear Yard Setback (Accessory)* 1 5 5 5 5 5 Side Yard Setback 5 0 or 5 *6 0 or 5 *6 0 or 5 *6,7 NA Maximum Height *2 35 35 35 35 50 Floor Area Minimum (SF) 1200 SF 1000 SF 1000 SF 1000 SF 800 SF Qinimum Distance Between 15 feet .5 SBH or 15 feet ncipal Structures 10 5 or 10 5 or 10 *7 *7 .. Building Height 6BH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. Sidewalks shall be located within the right - of -way. "I - With approval of Design Review Committee, rear yard setbacks for principal structures on lots which abut , lake, open space, or preserve area. Setback from lake for all accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Design Review Committee and Project Plan Review. *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the midpoint of the roofline of the structure. *3 - Units with side entry garage may have a 12' front yard setback. Units with front entry garage must have a minimum 20 foot front yard setback. *4 - Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. *5 - Minimum lot width may be reduced by 201/6 for cul-de -sac lots provided minimum lot area requirement is still maintained. *6 - Zero feet (0') or a minimum of five feet (5') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a ten foot (10') yard. Zero foot (0') yards may be used on either side of a structure provided that the opposite ten foot (10') yard is provided. Patios, pools and screen enclosures may encroach into the 10' yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used, a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the Building Dept. with the application for the first bldg. Permit. This plan will be used to determine the 10 foot spacing requirement between structures. *7 Distance between principal structures not inclusive of garages. *8- Townhome is a group of a three or more single family dwelling units attached to each other by a single common wall or roof wherein each unit has direct exterior access (inclusive of garage access) and no unit is located above another, and each unit is completely separated from any other(s) by a rated frrewall, and wherein the land may be subdivided into individual lots, be held in common ownership, or any combination thereof. ttio Home is a detached or semi - detached unit for a single family with one (1) dwelling unit from ground to roof wherein each ed at the lot line, thus creating a private yard between the house and the wall. 5/14/99 -54260 Ver: 021- WARNOLD R �'�rn 110 03166-000-001 -EMAP-23291 ,� ia�i313 JUN 2 2 1999 Pg. (/0 SECTION IV RECREATION CENTER 4.1 PURPOSE 4 -1 The purpose of this section is to identify permitted uses and development standards for areas within Rigas PUD designated on the Master Plan as REC, "Recreation Center." 4.2 GENERAL DESCRIPTION The approximate acreage of the Recreation Center is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation Center is designed as a mixed use area which will accommodate a variety of active recreational and personal services for Rigas residents and guests. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Recreational facilities and structures such as pools, fitness facilities, clubhouses, community buildings, playgrounds, playfields, and tennis courts. B. A maximum of 10,000 square feet of gross building area may be utilized for a variety of convenience commercial and personal service uses including, but not limited to, real estates sales offices, restaurants, delicatessen, convenience market, satellite banking, auto washing, postal station, and beauty salon. Any other personal service facility of a similar nature to those listed above shall be authorized by the Collier County Planning Services Department Director. C. Permitted Accessory Uses and Structures 5'14/99 -54260 Ve 021 - WARNOLD n �. isco M 03166-OW-001 -EIMAP-23291 Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Resort/Village. AGENDA No. JUN 2 2 1999 PB -_L—! — 4 -2 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty -five feet (25') 2. Side Yard: Fifteen feet (15'). 3. Rear Yard: Fifteen feet (15'). 4. Setback from a lake (or conservation area) for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Fifty feet (50); except clock towers or similar architectural features, which shall be permitted up to sixty -five feet (65'). D. Minimum distance between principal structures - Ten feet (10') or greater if required by local fire codes at time of development. E. Minimum distance between accessory structures - Ten feet (10') F. Parking for uses and structures constructed in the Recreation Center: one (1) space per 300 square feet 3i14199 54260 Ver 021- WARNOLD JUN 2 2 1999 03166 - 000.001- E MAP -23 291 Pg. SECTION V PRESERVE AREA 5.1 PURPOSE 5 -1 The purpose of this Section is to identify permitted uses and development standards for the area within Rigas designated on the Master Plan as "P ", Preserve Area. 5.2 GENERAL DESCRIPTION Areas designated as "P ", Preserve Area on the Master Plan are designed to accommodate conservation, passive recreation and limited water management uses and functions. The approximate acreage of the Preserve Area is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of preserve areas will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks and nature trails (excluding asphalt paved trails), shelters. 2. Water management facilities, with approval by Collier County Environmental and Engineering Review. 3. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Conservation Area. 5.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements 1. From PUD or external Development tract boundary: Fifteen Feet (15') From Internal tract boundary: Ten Feet (10') 5.14.99 -34260 Ver 02!- WARNOLD 03166- 000 -001 -EMAP -73291 AGENDA ITEM N 0. za JUIN 2 2 1999 Pg. %Q-3 5/14/99.54260 Ver 021 — WARNOLD R lx.• LC Cagl�o 03166- 000 - 001 -EMAP -23291 2. From Lake/Preserve: Maximum Height of Structures: Zero Feet (0') Twenty -five Feet (25') 5 -2 r JUN 2 2 9999 pg.—/I-"/— SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Rigas proj ect. 6.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and Local laws, codes and regulations except where specifically noted. B. The PUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 6.3 ENGINEERING A. Except as noted herein, all project development will occur consistent with Division 3.2 and 3.3 of the LDC. 6.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 88 -76, as amended, except as may be provided in Section 2.4 of this document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. AGENDA _ Fj4iUN 2 2 19999 0166.000 -01-E A -23291 LD Pg / r 07166. 000 - 001 -EMAP -03191 6 _.. /L / /J�- 6 -2 C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.4 of this document. 6.5 WATER MANAGEMENT A. In accordance with the rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3 -day duration and 25 -year return frequency. B. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County LDC. All lake dimensions will be approved at the time of excavation permit approval. C. The Rigas conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the PUD Rezone application materials. D. The Public Works Engineering Department and the Collier County Stormwater Management Department shall review and approve the project's Water Management System for compliance with the Harvey Drainage Basin. 6.6 ENVIRONMENTAL A. A mitigation plan for impacts to jurisdictional wetlands will be submitted during the subdivision platting and/or site development plan review process to insure that jurisdictional impacts are mitigated pursuant to Collier County, DEP, ACOE, and SFWMD Rules. B. In accordance with SFWMD Rules, the hydroperiod of large contiguous areas of preserved wetlands will be enhanced by setting water management control elevations at levels which will maintain wet season control elevations, while providing flood protection for residential development. C. Wetland buffers shall be provided in accordance with Army Corps of Engineers and South Florida Water Management District rules. D. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior t G A Imm plan/construction plan approval. A schedule for exotic vegetation rem val twit il 2 JUN 2 2 9999 &999 -542160 vc 041- WARNOLD M166-000401 -EMAP-23291 Pdy . D 6 -3 all conservation/preservation areas shall be submitted with the above - mentioned plan. E. A non - exclusive conservation easement or tracts shall be established on the plat for areas identified as Preserve on the PUD Master Plan, in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. 6.7 TRANSPORTATION A. The developer will provide for a reservation of land up to 125 feet in width along that portion of the project that abuts the future Logan Boulevard corridor. Any required landscape buffer for the development shall be located outside the limits of said reservation. In the event the land is donated to the County, the developer may be eligible for impact fee credits as permitted by the Road Impact Fee Ordinance. If dedicated to the County, dedication of this land shall occur within 120 days of any request to the developer from Collier County, once under the equitable control of the developer. The right -of -way reservation shall not be utilized in meeting the minimum landscape buffer requirements for the PUD. B. The developer will provide for a reservation of land of 50 feet in width along the northern property boundary to accommodate the programmed Immokalee Road four - laning improvements. Dedication of this land to Collier County shall be in conjunction with final subdivision plat approval of the first phase of development or within 120 days of any request to the developer from the County, once under the equitable control of the developer, whichever is earlier. In the event the land is donated to the County, the developer may be eligible for impact fee credits as permitted by the Road Impact Fee Ordinance. C. The PUD Master Plan depicts a conceptual access location to Logan Boulevard. The ultimate access location to Logan Boulevard shall be coordinated with the Collier County Transportation Services Department and shall be consistent with the Collier County Access Management Policy, Resolution 92 -422, as may be amended. D. All project access points shall be consistent with the Collier County Access Management Policy, including turn -lane specifications. Access to the project from Immokalee Road shall be restricted to right - in/right -out and left -in only, until such time that connection to Logan Boulevard occurs, or other access configurations are deemed appropriate by Collier County Transportation Services Staff. AGENDA ITEM No. JUN 2 2 1999 6191)9 -54260 vc 041- wq]WOLD I 03166-000-001 -EMAP -23291 pg - 6 -4 E. Arterial level street lighting shall be provided by the developer at all project entrances, prior to issuance of a certificate of occupancy, with the exception of the permitted model center. F. If any of the entrances are to be gated, the gates and gatehouse shall be designed and located so as not to cause vehicles to be backed up onto Immokalee Road and the future Logan Boulevard. G. The Developer, his heirs, successors or assigns shall provide a fair share contribution toward the capital cost of a traffic signal at the intersection of Logan Boulevard and Immokalee Road when deemed warranted by the Collier County Transportation Department. The signal will be owned, operated and maintained by Collier County. H. The developer shall dedicate required land up to twelve feet in width for a right turn lane from Immokalee Road. The Developer shall dedicate this land as part of the Immokalee Road right -of -way and the dedication shall not be eligible for impact fee credits. Dedication of the land to Collier County shall be in conjunction with final subdivision plat approval or within 120 days of any request to the Developer from the County, once under the equitable control of the developer. I. A pedestrian/golf cart interconnect to the Heritage Greens PUD shall be permitted as indicated on the PUD master plan. AGENDA JUN 2 2 1999 69/99,50060 -W I Pd V ._._1.4/ -001 -EI-E MA P -11291 Ol 16i-000 291 EXHIBIT "B" LEGAL DESCRIPTION AND PROPERTY OWNERSHIP Parcel I — The West % of the Northeast '/4 of the Northeast '/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida less the North 100 feet thereof. Parcel II - The West '/z of the Southeast '/4 of the Northeast '/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel III - The East % of the Southeast '/4 of the Northeast '/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel IV - The West '/z of the East '/2 of the Southeast '/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel V - The East '/2 of the Southeast '/4 of the Southeast '/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel VI - The East '' /z of the Southwest' /4 of the Southeast' /4 of the Northwest %4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel VII - The Northwest '/4 of the Southwest '/4 of the Southeast '/4 of the Northwest %4 and the East % of the Southwest '/4 of the Southwest '/4 of the Southeast '/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel VIII - ; The West '/Z of the Northwest '/4 of the Southeast '/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel IX - The East '/� of the Northeast '/4 of the Southwest '/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel X - The North %z of the Northwest '/4 of the Southwest '/a of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XI - The West '/z of the Northwest '/4 of the Northeast '/4 of the Southwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XII - The East '/: of the Northwest '/4 of the Northeast '/4 of the Southwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. JUN 2 2 1999 HY96 -O9" V- 0i l -WARN0 .D 23 I66 100•A0I -VMS -17:16 Parcel )III - The Northeast' /4 of the Northeast' /, of the Southwest' /4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XIV - The South %: of the Northwest '/, of the Southwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XV - The South '/z of the Northeast '/4 of the Southwest '/. of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XVI - The Southwest '/, of the Southwest '/. of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XVII - The West % of the Southeast '/. of the Southwest %4 and the West %s of the Southeast 1/4 of the Southeast '/4 of the Southwest 1/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel )VIII - The Northeast '/< of the Southeast 1/4 of the Southwest '/. of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XI) - The East '/z of the Northwest 1/4 of the Southeast '/4 of the Northwest '/, of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XX — The East '/� of the Southeast 1/4 of the Southeast '/4 of the Southwest '/. of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel A - The West '' /z of the Southwest 1/4 of the Southwest 1/4 of the Southeast' /4 of the Northwest %4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida, excepting those oil and mineral rights of record previously reserved and subject to the reservation of right of way easements in, upon and under the Westerly 30' feet of described premises, and in, upon and under the 60' feet running West to East, beginning at the aforementioned easement, 165' feet to the Easterly line of premises herein conveyed, at a line which is midway between the North and South line of the parcel herein described. Parcel B - The East %2 of the Southeast %4 of the Southwest %4 of the Northwest %4 of Section 28, Township 48 South, Range 26 East, excepting therefrom the North 100' feet thereof, Collier County, Florida. Parcel C - The West 1/z of the Southeast %4 of the Southwest '/4 of the Northwest 1/4 of Section 28, Township 48 South, Range 26 East, excepting those oil and mineral rights previously reserved, and subject to the reservation of right of way easement, in, upon and un AGENDA ^ / ITEM Na JUN 2 2 1999 fi'VW395M V-. Of I-WAXPJOW O] 16400-001- V0S21116 30' feet of described premises for the usual purposes of ingress and egress and for possible future roadways, utilities, and services for public use. Parcel D - The East %: of the East ' /z of the Southwest' /4 of the Southwest i/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel E - The West ' /z of the East '/2 of the Southwest '/4 of the Southwest '/4 of the Northwest '/4 of Section 28, Township 48 South, Range 26 East, Collier County, Florida. PROPERTY OWNERSHIP Parcel I: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel II: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel III: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel IV: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel V: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel VI: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel VII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel VIII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel IX: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel X: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XI: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel )III: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel )IV: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XV: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XVI: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XVII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XVIII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XIX: G.L. Homes of Naples Associates, Inc. Parcel XX: G.L. Homes of Naples Associates, Inc. Parcel A: Betty M. Fratarcangelo & Louis C. Capasso Parcel B: Ghassoub & Mary Frangie Parcel C: Lester J. Richards Parcel D: Janis Bell Sharpe Parcel E: Fred Reisman AGENDA No. JUN 2 2 1999 6,419.,,,00 V<011- WAMKMD 01166000401- VE2f21116 Pg.-Z-/Z— Sa" 7"Z) ,UO3 G3UVa-AW ld H3iSVV4 CIncl NV 21311IK ♦ NOS11A ii i u () () Q u 1 4c -C -C 4 I CL avow ariv—xm- CL coe w FT :1 ix AGENDA ITEM No.1� JUN 2 2 1999 pg--O-�-'� -- THE BOARD OF COUNTY COMMISSIONERS APPROVE AN ORDINANCE AMENDING ORDINANCE NO. 92 -60 AS AMENDED, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX AND AN ADDITIONAL 1% TAX THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, PROVIDING FOR AMENDMENT TO SECTION THREE CONCERNING THE USE OF TAX REVENUES TO INCREASE THE PERCENT ALLOCATED TO MUSEUMS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: To have the Board of County Commissioners approve an ordinance amendment to increase the tourist development tax available for museums. CONSIDERATIONS: Currently, museums are allowed to be funded to seven percent( 7 %) of total tourist development tax collected. Amendment would increase funding museums up to, but not to exceed fifteen percent (15 %) of tourist taxes collected. At 1999 funding levels, the amount available to museums would increase from $361,603 to a maximum amount of $1,282.714. At the April 19, 1999 meeting, the Tourist Development Council recommended this increased funding be contingent upon the retention of the third penny of tourist tax revenue. FISCAL IMPACT: Increasing the amount available to museums, category "C" will decrease the amount available to advertising and promotion, category "B ". GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That Board of County Commissioners approve an ordinance amendment to increase the tourist development� available for museums and authorize the Chairwoman to sign the attached amendment PREPARED BY. Frances E. 146as Tourist Development Coordinator REVIEWED BY: Gre /M'halic, Dire&d -r -- Housir ,qnd Urban Improvement APPROVED BY: Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Services Date, f% Date Dat AGENDA ITEM Nac ) JUN 2 2 1999 pg._ / I 3 ORDINANCE NO. 99- 4 5 AN ORDINANCE AMENDING ORDINANCE NO. 92 -60, AS 6 AMENDED, RELATING TO THE LEVY OF A 2% TOURIST 7 DEVELOPMENT TAX AND AN ADDITIONAL 1% TAX 8 THROUGHOUT COLLIER COUNTY PURSUANT TO THE 9 LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 10 125.0104, FLORIDA STATUTES, PROVIDING FOR 11 AMENDMENT TO SECTION THREE CONCERNING THE USE 12 OF TAX REVENUES TO INCREASE THE PERCENT 13 ALLOCATED TO MUSEUMS; PROVIDING FOR CONFLICT 14 AND SEVERABILITY; PROVIDING FOR INCLUSION IN 15 CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR 16 AN EFFECTIVE DATE. 17 18 19 WHEREAS, Section 125.0104, Florida Statutes provides for the 20 levy of a local option tourist development tax by any county; 21 WHEREAS, the Board of County Commissioners enacted Ordinance 22 No. 92 -60, which levied and imposed a tourist and development tax 23 throughout Collier County for the purposes permitted in Section 24 125.0104, Florida Statutes, as amended, and to utilize previously 25 collected tourist development taxes as authorized by Chapters 26 92 -1-75 and 92 -204, Laws of Florida, enacted by the Legislature at 27 its regular session of 1992; 28 WHEREAS, the Board of County Commissioners of Collier 29 County, by an extraordinary vote, desires to amend the uses of 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 tax revenue and tourist development plan; and WHEREAS, the proposed amendments were presented to the Collier County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to Section Three of Collier County Ordinance No. 92 -60. Section Three is hereby amended to read as follows: SECTION THREE: USE OF TAX REVENUES. A. The tax revenues received pursuant to this Ordinance and the tourist tax revenues previously collected from November 1990 to November 1991 pursuant to Ordinance No. 90 -43 shall be used to fund the Collier County Tourist Development Plan, which is hereby adopted as follows: 1- Words underlined are added; words stfusk -threug# are deleted. No. /.t ) / JUN 2 2 1999 pg. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 TOURIST DEVELOPMENT PLAN The two percent (2 %) tourist development tax shall be levied throughout Collier County beginning the first day of the second month following approval of this Ordinance by referendum. The tax district shall include the entire geographic area of Collier County, Florida. The anticipated revenue for a two percent (2 %) tourist development tax for all of Collier County over a twenty -four (24) month period is Seven Million Dollars ($7,000,000.00), less costs of administration. The additional one percent (1 %) tourist development tax shall be levied throughout Collier County beginning the first day of January, 1996 and terminating on December 31, 1999. The tax district shall include the entire geographic area of Collier County, Florida. 1. The categories of use of the two percent (2 %) tax revenues by specific project or special use are hereby listed in the order of priority: CATEGORY A - To finance beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. Percentage of Net revenue 60 %, reduced by the amount required for Category D. CATEGORY B - To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism with an emphasis on off - season visitors to Collier County. The guidelines for Category B funding are attached as Exhibit "A" and incorporated herein. however, if tax revenues are expended for an activity, service, venue or event, the activity, service, venue or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue or event to tourists. Percentage of Net revenue 2- Words underlined are added; words struck throug are deleted. AGENDA ITEM JUIN 2 2 1009 pg. 3 .. ................ ......... .. . 1 2 40 %, reduced by the amount 3 budgeted for Category C. 4 5 CATEGORY C - To acquire, construct, extend, enlarge, remodel, 6 repair, improve, maintain, operate or promote one 7 or more County owned museums or museums that are 8 owned and operated by not for profit organizations 9 and open to the public. 10 11 Percentage of 12 Net revenue 13 14 Amount budgeted for this 15 Category by the Board of 16 County Commissioners each 17 fiscal year, but not to 18 exceed � 15 %. This amount 19 may be amended upwardly or 20 downwardly prospectively 21 from the date of the budget 22 amendment approval, provided 23 that the amount of the 24 aggregate allocation per 25 fiscal year budget amendment 26 does not exceed -*;4 15% of 27 the net revenue. 28 29 CATEGORY D - To acquire, construct, extend, enlarge, remodel, 30 repair, improve, maintain, operate or promote one or more fishing 31 piers which are publicly owned and operated. 32 33 Percentage of 34 Net revenue 35 36 Amount budgeted for this 37 Category by the Board of 38 County Commissioners each 39 fiscal year, but not to 40 exceed $200,000. This amount 41 may be amended upwardly or 42 downwardly prospectively 43 from the date of the budget 44 amendment approval, provided 45 that the amount of the 46 aggregate allocation per 47 fiscal year does not exceed 48 $200,000. 49 50 It is the intent of this Ordinance that the above uses shall be 51 funded separately, but simultaneously in the above percentages 52 regardless of the actual amount of net revenues collected. 53 Upon expiration of the additional 1% tourist development tax 54 as described in this plan, the Tourist Development Council 55 request the Board of County Commissioners to review the fund 56 allocations. 3- Words underlined are added; words stFuek thfo g are deleted. y AGENDA ITEM g No C) JUN 2 2 1999 Pg•� 1 2. The additional one percent (lo) tax revenues collected 2 pursuant to Section Two (F) shall be used to finance beach 3 improvement, maintenance, renourishment, restoration and erosion 4 control. 5 3. The revenues to be derived from the tourist development 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 tax may be pledged to secure and liquidate revenue bonds in accordance with the provisions of Section 125.0104, Florida Statutes. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. 4. The event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, the amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the same purpose and which are secured by the tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist development tax receipts shall be assumed to be the amount provided as such in Collier County's immediately preceding annual audit, plus, if the levy of such tax was imposed or increased subsequent to the beginning of the period which was audited, an amount equal to the estimate by the County Manager of the moneys the County would have received if the tax imposition or increase had been in effect during the entire audit period. At or prio to the issuance of bonds the County Manager shall provide a certificate as to the findings required in this paragraph, whi 4- Words underlined are added; words swurk through are deleted. AGENDA ITEM NM AIII C JUN 2 2 1999 Pg. I certificate shall be conclusive as to all matters provided 2 therein. 3 B. The above and foregoing Tourist Development Plan may not 4 be substantially amended except by ordinance enacted by an 5 affirmative vote of a majority plus one additional member of the 6 Board of County Commissioners. 7 SECTION THREE: CONFLICT AND SEVERABILITY. 8 In the event this ordinance conflicts with any other 9 ordinance of Collier County or other applicable law, the more 10 restrictive shall apply. If any phrase or portion of this 11 ordinance is held invalid or unconstitutional by any court of 12 competent jurisdiction, such portion shall be deemed a separate, 13 distinct, and independent provision and such holding shall not 14 affect the validity of the remaining portion. 15 SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES 16 The provisions of this Ordinance shall become and be made a part of 17 the Code of Laws and Ordinances of Collier County, Florida. The 18 sections of the Ordinances may be renumbered or relettered to 19 accomplish such, and the word "ordinance" may be changed to 20 "section ", "article ", or any other appropriate word. 21 SECTION FIVE: EFFECTIVE DATE. 22 This Ordinance shall become effective upon filing with the 23 Secretary of State. 24 PASSED AND DULY ADOPTED by a vote of a majority plus one of 25 the Board of County Commissioners of Collier County, Florida, this 26 day of , 1999. 27 28 ATTEST: BOARD OF COUNTY COMMISSIONERS 29 DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA 30 31 32 By: 33 PAMELA S. MAC'KIE, Chairwoman 34 35 Approved as to form and 36 legal sufficiency: 37 38 39 40 Heidi F. Ashton 41 Assistant County Attorney 42 43 HFA/hg /f:tOrdinance \- TD Tax to Increase the Percent Allocated to Museums 5- Words underlined are added; words SIN& thFOUg; are deleted. AGENDA ITME�� NQ -f�c C� L JUN 2 2 1999 Pa. p EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT A NEW LITTER, WEEDS, AND EXOTICS CONTROL ORDINANCE AND TO REPEAL ORDINANCE 91 -47, AS AMENDED. OBJECTIVE: To adopt a new Litter, Weeds, and Exotics Control Ordinance, repealing Ordinance 91 -47, as amended, updating of the enforcement provisions for removal of accumulations of litter, weeds, and exotics. CONSIDERATION: Ordinance 91 -47 was adopted June 11, 1991 and amended November 3, 1992 with Ordinance 92 -86. Since adoption of this Ordinance staff has identified several sections needing clarification and recommends the inclusion of additional restrictions /provisions. The proposed Ordinance includes input from Code Enforcement Staff, as well as the Development Services Advisory Committee. Some of the proposed modifications are merely program maintenance and others were identified as necessary to further meet the intent of the Ordinance. The Ordinance has been completely reformatted for clarification and therefore a recommendation to repeal Ordinances 91 -47 and 92 -86 is being proposed for the Board's consideration. The following points contain a summation of the major changes being proposed. 1. The definition for "mowable lot" has been revised to clarify a distinction between improved and unimproved properties which can be mowed. 2. The provision to allow on -site containment of downed trees and other vegetative growth has been expanded to include all residential lots exceeding one acre in size. 3. Existing case law is being referenced to identify maintenance responsibility for the removal of exotics plants located in right(s) -of -way, alley(s), canal(s), and easement(s) on improved property to the holder of fee simple property. 4. Clarifying that the accumulation of weeds, grass or other similar non - protected overgrowth in excess of 18 inches in height is prohibited and declared to be a public nuisance on all unimproved properties within the urban designated area. 5. Exemptions are provided to avoid hardships to land owners of agricultural zoned landed within the rural designated areas as well as those agriculturally zoned properties in the urban area with no active agricultural use or active essential services. 6. Increasing the administrative cost for processing and abating weed violations to more accurately reflect the expense. A detail description of all the changes being proposed is attached to this Executive consideration (see Exhibit A) JUN 2 2 1999 Pg.___�Z___ -- Development Services Advisory Committee (DSAC) Recommendation: The DSAC heard the proposed changes on March 3rd, March 30th, and April 7th and recommended the amendment be forwarded to the Board with a recommendation of approval. Environmental Advisory Council (EAC) Recommendation: The EAC heard the proposed changes on June 2, 1999 and recommended approval with the suggestions to increase awareness to property owners in the Golden Gate Estates area of the additional review requirements at the State level for properties containing jurisdictional wetlands. Building permits are currently accompanied with information regarding the potential for added State requirements but Staff will be making a conscious effort to highlight this to property owners in that area. FISCAL IMPACT: The County has budgeted funds to pay for removal of litter, weeds, and exotics. Staff attempts to recoup the funds utilized for abatement by property owners in response to invoices or through the lien process. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the Litter, Weeds, and Exotics Abatement Ordinance. SUBMITTED BY: L Date: C 7 Kimberly Keohgie, Environmental Specialist II REVIEWED BY: G ��� ` —Z —z Date: 6, 1 _Yy Michelle Edwards Arnold, Code Enforcement Director APPROVED BY: Date: Vincent A. Cautero, Administrator Community Development & Environment Service Division Cds -c- code / Michelle /weed,litter4eaoticsord. I JUN 2 2 1999 P9• 12� Exhibit A Litter Weeds, & Exotics Control Ordinance Detail Summary of Proposed Changes 1. Section Four: Definitions • modified definition for "exotics" to be consistent with the Land Development Code (Ordinance 41 -102, as amended); • included definition for "Inert Waste Material "; and • expanded definition for "Mowable Lot" to include a distinction between unimproved and improved properties. 2. Section Ten: Waste Materials Management • added provision for the identification of containment area on site plan for residential lots exceeding one (1) acre in size; • -increased the excavation depth from three (3) to five (5) feet; • decreased the fifty (50) foot setback from rear property line to fifteen (15) feet; • added a minimum requirement of twelve inches of inert waste material to cover vegetative containment area; • reduced the maximum finish grade requirement for containment area from twenty -four (24) inches to six (6) inches above the surrounding natural elevation; • decreased the one hundred (100) foot setback from any structure to a seventy -five (75) feet; and • added a prohibition for the excavation of any containment area created and prepared in accordance with this section. 3. Section Eleven: Declaration of Public Nuisance • modified language requiring the receipt of a complaint for violation of the existence of Exotics within a two hundred (200) foot radius of any improved property located in a recorded or unrecorded subdivision; • added prohibition and declaration to be a public nuisance where Exotic plants located on any unimproved property which condition is adjacent to private or public right(s) -of -way and is not within a Recorded or Unrecorded Subdivision and shall be abated at least twenty feet in depth from the property line running adjacent and parallel to the right -of -way; • added condition where Exotic plants located in right(s) -of -way, alley(s), canal(s), and easement(s) on improved property within Recorded or Unrecorded Subdivision are prohibited and declared to be a public nuisance; and • added prohibition and declaration to be a public nuisance where the accumulation of weeds, grass, or other similar non - protected overgrowth in excess of eighteen (18) inches in height exists on any unimproved property not within in a Recorded or Unrecorded Subdivision are located within one hundred (100) feet of the property line or lines of Recorded or Unrecorded Subdivision(s). 4. Section Twelve: Exemptions (New Section ) • added an exemption stating "All lands zoned agricultural that are located outside the Urban Boundary as described in the Collier County Future Land Use Map shall be exempted from the weed and exotic plant public nuisance declarations provided in Section 1 l "; and • adding an exemption for all lands zoned Agricultural within the Urban Designated Area that are not being used for an essential service, as defined in the Collier County Land Development Code, and /or bona fide agricultural use from the weed and exotic public nuisance declarations provided in Section 1 I". NO. / C Cds -c- code /Michelleiweed ,litter, &exoticsord. I JUN Z 2 1999 pg. 5. Section Thirteen: Notice of Violation • renumbered from section twelve and renamed from Abatement of Nuisance; • added a warning (in bold upper -case lettering) "Your failure to abate the nuisance may result in the recording of a lien against your property. "; • modified the notation for the administrative cost from "not less than $100" to "up to $200" to reflect what is actually being assessed; • added an advisory stating that if the County has to notify the property owner more than three times a fee will be assessed each time a notice is given thereafter; and • added the ability to extend the time allowed for taking corrective action for violations up to 180 days in the event of natural disasters as determined by the State or Federal Government. 6. Section Fourteen: Assessment for Abating Nuisance • renumbered from section thirteen enhanced reminder (in bold lettering) "Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. "; added a warning (in bold upper -case lettering) "Failure to pay the amount specified in this notice will result in a lien against your property.' ; and added the flexibility for the collection of partial payment once the assessment become a recorded lien. 7. Created two separate sections, Section Sixteen: Enforcement Procedures and Section Seventeen: Immediate Corrective Action replacing what was Section Fifteen . S. Section Eighteen: Procedures for Mailing Notices (new Section) • providing for procedures for mailing notices. AGENDA ITEM Na -zaz1,1 Cds-c- code / Michelle /weed. 1itterAexoticsord. I JUN 2 2 1999 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ORDINANCE 99- AN ORDINANCE WHICH REGULATES AND CONTROLS LITTER, WEEDS, AND EXOTICS WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; SETTING FORTH FINDINGS; PROVIDING TITLE AND CITATION; PROVIDING APPLICABILITY; SETTING FORTH DEFINITIONS; DECLARING LITTER TO BE A PUBLIC NUISANCE; DECLARING LITTER TO BE UNLAWFUL; DECLARING UNAUTHORIZED ACCUMULATION OF LITTER PROHIBITED; DECLARING DUMPING OR DEPOSITING OF ABANDONED PROPERTY PROHIBITED AND REGULATING THE STORAGE OF ABANDONED PROPERTY; REGULATING THE STORAGE OF LITTER; REGULATING WASTE MATERIALS MANAGEMENT; DECLARING WEEDS AND EXOTICS TO BE A PUBLIC NUISANCE AND REGULATING THE CONTROL OF WEEDS AND EXOTICS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR THE ABATEMENT OF NUISANCES AND NOTICE OF VIOLATION; PROVIDING FOR ASSESSMENT FOR THE ABATEMENT OF NUISANCES; PROVIDING FOR A RIGHT TO HEARINGS ON DECLARATIONS OF PUBLIC NUISANCES AND ASSESSMENTS; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR IMMEDIATE CORRECTIVE ACTION; PROVIDING FOR PROCEDURES FOR MAILING NOTICES; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF ORDINANCE NUMBERS 91 -47 AND 92 -86; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcing zoning regulations necessary for the protection of the public; and WHEREAS, the Board of County Commissioners has determined that land which is allowed to become overgrown with weeds, grass, exotics or similar growth on land on which abandoned properties or trash is allowed to accumulate is detrimental to the health, safety and welfare of the citizens of Collier County as harborage for vermin, rodents and other disease vectors; and WHEREAS, the County has determined that unimproved property, which is in close proximity to urban areas, is distinguishable from improved property, because it generally lacks management of vegetative growth; and WHEREAS, the County has determined that certain exotic species, both fauna and flora, grow rapidly and uncontrollably and may drastically change the ecological character of the unimproved property, which is in close proximity to urban areas, if unsupervised or unmanaged; and WHEREAS, the County has determined that pursuant to existing case law, easements, AGENT alleys, canals and rights -of -way dedicated to the County on plats create easement favor of the County, unless the plat expressly states another interest is conveyed; and 1 I JUN 2 2 19! Pg. I WHEREAS, the County has also determined that pursuant to existing case law, the holder 2 of the fee simple property is responsible for the maintenance of the dedicated easement area 3 unless, 4 1. The County has expressly assumed this maintenance obligation; 5 2. The County has voluntarily assumed the obligation by performing maintenance 6 pursuant to the standard set forth by case law; or 7 3. Other methods established by case law. 8 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 9 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 10 SECTION ONE: Findings of Fact 11 The Board of County Commissioners does hereby make the following findings of fact: 12 1. The accumulation of Litter and Abandoned Property on public and private 13 property constitutes a hazard and is detrimental to the health, safety and welfare of the citizens of 14 Collier County; 15 2. The accumulation of weeds, grass, or Exotics or similar growth on, or in close 16 proximity to, residentially, commercially or industrially -zoned land is detrimental to the health, 17 safety, and welfare of the citizens of Collier County. 18 SECTION TWO: Title and Citation 19 This Ordinance shall be known and may be cited as the "Collier County Litter, Weed and 20 Exotics Control Ordinance." 21 SECTION THREE: Applicability 22 This ordinance shall apply to, and be enforced in, all unincorporated areas of Collier 23 County. 24 SECTION FOUR: Definitions 25 The following words, phrases or terms as used in this Ordinance shall have the following 26 meanings, unless the context clearly indicates otherwise: 27 "Abandoned Property" shall mean any wrecked, inoperative, derelict or partially 28 dismantled property having little, if any, value other than nominal salvage value, which has been 29 left unattended and unprotected from the elements, which shall include, but not be limited to, No. 2 U N 2 2 1999 Pg. I motor vehicles, trailers, boats, machinery, appliances such as refrigerators and washing 2 machines, plumbing fixtures, furniture, and any other similar articles. 3 "Abate" shall mean to mow a portion of a Mowable Lot to a height of less than six 4 inches, or to remove Exotic Plants to a height of equal to surrounding natural elevation and 5 poison any stumps, if remaining, with an EPA approved herbicide containing a visual tracer dye; 6 or remove Litter; or remove Abandoned Property; in accordance with county ordinances. 7 Mulching of Exotic Plants is permissible as long as the mulching occurs in an Enclosed 8 Container, and is removed from the site. 9 "Exotics" or "Exotic Plants" shall mean Australian pine (Casuarin , all species), 10 Melaleuca (all species), Brazilian pepper (Schinus terebinthifolius), downy rose myrtle 11 (Rhodomvrtus Iomentosus) earleaf acacia (Acacia auriculiformis), lava plum (Sylygium 12 cumini), Woman's tongue (Albizia lebbeck), catclaw mimosa (mss nigm), and any prohibited 13 exotic species that may be added to County Ordinance No. 91 -102 as amended, (Section 14 3.9.6.4.1, Collier County Land Development Code). 15 "Enclosed Container" shall mean, for purposes of this ordinance, any container having a 16 physical structure which prevents materials from falling out, spilling, blowing out by wind 17 action, or coming out by other accidental means during transport, and shall include, but not be 18 limited to, garbage cans, boxes, truck bodies capable of being enclosed and any other container 19 sufficient to prevent the accidental scattering or leaking of said materials on the public roads. 20 "Improved Property" shall mean real property which contains buildings, streets (or paved 21 areas) or other structural improvements. 22 "Inert Waste Materials" shall mean brick, block, concrete, rock, stone, earth and sand, 23 free from contamination or other types of waste and capable of serving as fill material without 24 harm to, or pollution of, ground or surface waters. 25 "Litter" shall mean any discarded, used, or unconsumed substances or wastes. Litter shall 26 include, but shall not be limited to, garbage, trash, refuse, debris, paper products (including 27 newspapers and magazines), glass, metal, plastic or other containers, cloth, wood and wood 28 products, sweepings, liquids (other than uncontaminated water), sludge, grass clippings, tree 29 limbs, trunks and roots, undergrowth and materials produced by clearing and grubbin and A ITEM 30 horticulture wastes, motor vehicle parts and tires, furniture, oil or grease, 3 Jura 2 2 1999 i (including gasoline, paint thinners and other similar types), the carcass of a dead animal, any 2 obnoxious or offensive matter of any kind, any object likely to injure any person or create a 3 traffic or pedestrian hazard, or any other condition of any unsightly nature, which may have been 4 discarded, abandoned or otherwise disposed of improperly. 5 "Mowable Lot" 6 1. Shall mean a lot, fifty percent (50 %) or more of unimproved property which can be 7 mowed with bushhog -type, or smaller mowing equipment without damage to the lot or 8 equipment. For purposes of determining lot size, rights -of -way, alleys, and all easements shall 9 be included in the calculation of the Mowable Lot; or 10 2. Any portion of Improved Property which can be mowed with bushhog -type, or smaller 11 mowing equipment without damage to the lot or equipment. 12 "Prohibited Accumulation of Exotics" shall mean any accumulation of Exotics, which is 13 in excess of eighteen (18) inches in height and located on improved or unimproved property. 14 'Recorded Subdivision" shall mean land subdivided into three (3) or more lots, parcels, 15 sites, units or any other division of land for which a plat has been filed with the Clerk of Courts 16 of Collier County. 17 "Storage of Litter" shall mean the interim containment of Litter in a manner approved by 18 the Board of County Commissioners, after generation of such Litter and prior to proper and final 19 disposal. 20 "Unauthorized Accumulation of Litter" shall mean the accumulation of Litter in or upon 21 any public or private property or body of water which is not contained within proper containers 22 or receptacles provided for control of Litter or is not otherwise permitted or authorized, by any 23 other Collier County Ordinance. This term shall not include building materials used in 24 construction or repair of a building or structure which materials are properly stored at the site of 25 such activity, so long as the subject building is being constructed, remodeled or repaired under 26 the authority of a current, valid Collier County building permit and for which the materials are to 27 be used. 28 Unauthorized accumulation of Litter shall also include, but not be limited to, the 29 accumulation or storage of Litter or containerized Litter or Abandoned Property r(6) 'nt to AGENDA ITEM 30 public rights of way if such materials are placed upon a right of way earlier than si Q; of C 4 JUN 2 2 1999 Pg.-f....._- I the night prior to the regularly scheduled pickup for that location by the County solid waste 2 collection contractor, or allowing said accumulation to remain adjacent to the public right of way 3 after six (6) p.m. of the day of the scheduled pickup. a "Unlawful Accumulation of Weeds, Grass or Similar Non - protected Overgrowth" shall 5 mean any accumulation of weeds, grass or similar non - protected overgrowth if any part of such 6 accumulation is in excess of eighteen (18) inches in height and located on a Mowable Lot, in any 7 Recorded or Unrecorded subdivision of this County. 8 "Unrecorded Subdivision" shall mean land which for the purpose of sale or transfer has 9 been subdivided prior to the enactment of Ordinance 76 -6, as amended, or any other division of 10 land for which a plat has not been filed with the Clerk of Courts of Collier County. 11 "Written Corrective Notice" shall mean a written statement issued to the violator or his or 12 her agent identifying and specifying the violation, the date, location of the violation, the 13 corrective measures required to be taken and the date by which the corrective measures are to be 14 completed. 15 SECTION FIVE: Litter Declared To Be A Public Nuisance 16 The Unauthorized Accumulation of Litter or improper Storage of Litter or improper 17 dumping of Abandoned Property or Litter as described in Sections Six, Seven, Eight, Nine or 18 Ten in or upon public or private property is hereby declared to be a public nuisance, 19 SECTION SIX: Unlawful To Litter 20 It shall be unlawful for any person to throw, discard, place, drop, or deposit Litter in any 21 manner or amount in or upon any public property, private property, highway, street, right of way 22 or body of water within the unincorporated areas of Collier County, Florida, except in such areas 23 and containers specifically provided and appropriately designated for the disposal of Litter. In 24 any case where Litter is ejected or discarded from a motor vehicle, except at approved and 25 permitted disposal sites, the operator of the motor vehicle shall be deemed in violation of this 26 ordinance. 27 SECTION SEVEN: Unauthorized Accumulation Of Litter Prohibited 28 29 Any Unauthorized Accumulation of Litter in or upon, any property, vacant or improved, 30 or on or upon any public street, alley or other public or private place is a violation of this AGENDAI 31 Ordinance. Any property owner, tenant, occupant, agent, manager or other perso who owns 5 JUN 2 2 199E Pg. C% _ I maintains, or controls private property, whether improved or unimproved, is hereby declared to 2 be in violation of this ordinance where any such Unauthorized Accumulation of Litter is 3 maintained or is allowed to remain on such property. 4 SECTION EIGHT: Dumping or Depositing of Abandoned Property Prohibited 5 6 It shall be unlawful for any person to engage in or permit the dumping, storing, placing, 7 or depositing of Abandoned Property on any public or private real property, street, or highway. 8 However, Abandoned Property kept in a completely enclosed building or a business enterprise 9 which is lawfully licensed and zoned for receipt and storage of Abandoned Property shall be an 10 exception to this provision. If Abandoned Property is kept or stored in connection with a 11 lawfully licensed business enterprise, all Abandoned Property shall be screened so that it is not 12 visible from any public right(s) of way or from any property used for residential purposes. It 13 shall be unlawful to engage in or permit the dumping, storing, placing, or depositing of 14 Abandoned Property in any residential area, unless such Abandoned Property is kept in a 15 completely enclosed building. 16 SECTION NINE: Storage Of Litter 17 1. All commercial establishments shall store their Litter in containers so as to 18 eliminate wind -driven debris and Litter in or about their establishments. The number and size of 19 containers necessary for each commercial establishment shall be that number required to 20 maintain clean, neat, and sanitary premises. Spillage and overflow around containers shall 21 constitute an illegal accumulation of Litter and shall be immediately cleaned up as it occurs. 22 2. All loading and unloading zones at commercial establishments shall be provided 23 with Litter receptacles by the owner of the business to store Litter. 24 3. Each person owning or operating any establishment open to the public shall 25 provide receptacles adequate to contain Litter generated from such establishment. 26 4. Any and every person in possession, or in charge or in control of any place. 27 public or private, where Litter is accumulated or generated shall provide and at all times maintain 28 adequate and suitable receptacles and/or containers capable of holding such materials until 29 proper final disposal is accomplished. 6 No�_.N"L�- JUN 2 2 1999 1 5. All construction and demolition contractors, whether owners or agents, shall 2 provide on -site receptacles for Litter sufficient to prevent wind -driven scattering of such 3 materials if the materials are otherwise not properly disposed of on a daily basis. 4 SECTION TEN: Waste Materials Management 5 1. Inert waste materials may be buried on a site after a valid building permit for such 6 site has been obtained and posted and provided that such disposal is in conformance with federal, 7 state, and local laws and regulations. Inert waste materials which have not been properly buried 8 or disposed of are hereby classified as Litter. 9 2. On -site containment of downed trees and other vegetative growth shall be 10 permitted on residentially -zoned lots exceeding one (1) acre in size and in the Golden Gate 11 Estates zoned areas and only for vegetative growth which has been cut, cleared or removed on 12 the same property of the permitted construction, providing all of the following conditions are 13 met: (a) a valid building permit for construction of a single family home on the applicable lot has 14 been obtained and is posted before removal and containment of such growth; (b) the site plan 15 shall identify the location of the containment area; and (c) the downed trees and vegetative 16 growth are placed into an excavated earthen depression which does not exceed five (5) feet in 17 depth from the surrounding natural elevation and does not cover a horizontal surface area greater 18 than nine thousand (9,000) square feet. All such excavated earthen depressions containing 19 downed trees and vegetative growth shall not be closer than fifteen (15) feet from the side and 20 rear property lines or within a public or private easement or right -of -way. Vegetative 21 containment areas shall be covered by Inert Waste Material at a minimum of twelve (12) inches 22 with the finished grade being six (6) inches above the surrounding natural elevation. The nearest 23 point of such excavated earthen depression for containment of on -site downed trees and 24 vegetative growth shall not be closer than seventy-five (75) feet to any structure, nor closer than 25 one hundred (100) feet to any public or private right -of -way. No excavated material shall be 26 removed from the site. Failure to either remove downed trees or downed vegetative growth from 27 residentially -zoned lots exceeding one (1) acre in size or Golden Gates Estates zoned properties 28 or to properly contain such material, as required by this ordinance, shall result in such downed 29 trees and/or downed vegetative growth being classified as Litter and thereby subjjVr'C,TPgpe.,} No. 7 JUN 2 2 1999 Pg._ /Z I owner, agent, and/or other responsible parties to any and all penalties provided under this 2 ordinance. 3 SECTION ELEVEN: Declaration of Public Nuisance 4 1. The accumulation of weeds, grass, or other similar non - protected overgrowth in 5 excess of eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance 6 when located upon any Mowable Lot in any Recorded or Unrecorded Subdivision of this County, 7 and which lot has been specifically described by legal description and which condition has been 8 determined by the County Administrator or his designee to be a public nuisance pursuant to this 9 Ordinance. Such Mowable Lot is, or may reasonably be expected to become, infested or to inhabited by non - protected rodents, vermin or wild animals, or may furnish a breeding place for 11 mosquitoes, or threaten or endanger the public health, safety or welfare, or may reasonably be 12 expected to cause disease, or adversely affect and impair the aesthetic integrity or economic 13 welfare of adjacent or surrounding property. 14 2. The accumulation of Exotics, weeds, grass, or other similar non - protected overgrowth 15 in excess of eighteen (18) inches in height is hereby prohibited and declared to be a public 16 nuisance when located upon any unimproved property in this County, which condition is 17 adjacent to a private or public right -of -way and is not within a Recorded or Unrecorded 18 Subdivision. However, the requirements for abatement of the public nuisance as described in 19 Section Thirteen shall only apply to that portion of the property to a depth of twenty (20) feet 20 from the property line or lines running adjacent and parallel to a private or public right(s) -of- 21 way. 22 3. The accumulation of Exotics in excess of eighteen (18) inches in height is hereby 23 prohibited and declared to be a public nuisance when located upon any unimproved property in 24 Collier County when the Exotics are located within a two hundred (200) foot radius of any 25 improved property located in a Recorded or Unrecorded Subdivision. However, the requirements 26 for abatement of the public nuisance as described in Section Thirteen shall only apply to that 27 portion of the unimproved property where the Exotics exist within a two hundred (200) foot 28 radius of any abutting, improved property. Furthermore, the requirements for abatement of the 29 public nuisance as described in Section Thirteen shall only apply when the C fives a AGENDA ITEM 30 complaint. Na — g JUN 2 2 1999 Pg.� 1 4. The accumulation of Exotics, weeds, grass, or other similar non - protected over- t growth in excess of eighteen (18) inches in height, is hereby prohibited and declared to be a 3 public nuisance when such condition is located on any unimproved property in Collier County 4 which is within five hundred (500) feet of Improved Property when such accumulation has aided 5 any person to conceal or facilitate the commission of criminal acts against passers -by and the 6 citizens of Collier County and is likely to continue to aid in the concealment or commission of 7 future criminal acts if such accumulation is not abated. A report from the Collier County 8 Sheriffs office identifying such unimproved property which was allegedly utilized by any person 9 to conceal or facilitate the commission of criminal acts against passers -by or the citizens of to Collier County shall constitute sufficient evidence. However, the requirements for abatement of 11 the public nuisance as described in Section Thirteen shall only apply to that portion of the 12 unimproved property where the accumulation exists within a five hundred (500) foot radius of 13 Improved Property. 14 5. Exotic plants located in right(s) -of -way, alley(s), canal(s), and easement(s) on 15 improved property within Recorded or Unrecorded Subdivisions are prohibited and declared to 16 be a public nuisance. 17 6. The accumulation of weeds, grass or similar non - protected overgrowth in excess of 18 eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when 19 located upon any unimproved property in Collier County which is not within a Recorded or 20 Unrecorded Subdivision, when the weeds, grass or similar growth are located within one hundred 21 (100) feet of the property line or lines of Recorded or Unrecorded Subdivision(s). 22 SECTION TWELVE: EXEMPTIONS 23 1. The area zoned Golden Gate Estates shall be exempt from the weed and exotic 24 plant public nuisance declarations provided in Section 11. 25 2. Accumulations of protected vegetation such as coastal strands, scrub, tropical 26 hammocks, dune vegetation and property officially declared "protected" by any federal, state or 27 local ordinance (such as wetlands), are hereby exempted from being considered public nuisance 28 declarations pursuant to Section 11. C 9 JUN 2 2 1��9 Pg•__a_ 1 3. The lands zoned agricultural that are located outside of the Urban Boundary as 2 described in the Collier County Future Land Use Map shall be exempt from the weed and exotic 3 plant public nuisance declarations provided in Section 11. 4 4. All lands zoned agricultural that are not being used for an essential service as 5 defined in the Collier County Land Development Code and/or a bona fide agricultural use shall 6 be exempt from the weed and exotic plant public nuisance declarations provided in Section 11. 7 SECTION THIRTEEN: Notice of Violation 8 1. Whenever the County Administrator or his designee shall determine that a public 9 nuisance as described in sections Five, Eight, Ten or Eleven herein exists, he shall cause a notice 10 of violation to be served on the record owner or owners of said property by certified mail 11 informing them of the existence of the nuisance in substantially the following form: 12 13 Code Enforcement Department 14 Notice of Violation 15 16 To: Date: 17 Ordinance 18 Violation Case No. 19 20 Property: 21 Folio: 22 Dear Property Owner: 23 According to the official records of this County, you are the owner of the above - described 24 property. As such, you are hereby notified that the Code Enforcement Director, on 25 [date] determined that a public nuisance exists on your property pursuant to County 26 Ordinance No. 99- , caused by: [describe violation] 27 You are further notified that you shall abate this nuisance within twenty (20) days of the 28 date of this letter by _[describe how to abate] . Failing this action on your part, the 29 Board of County Commissioners will cause the nuisance to be abated. YOUR FAILURE TO ?4m L 10 JUN 2 2 1999 Pg•�� I ABATE THE NUISANCE MAY RESULT IN THE RECORDING OF A LIEN AGAINST 2 YOUR PROPERTY. The lien shall include the direct cost plus an administrative fee of up to 3 5200.00 and will be levied as an assessment against the property. 4 IN THE EVENT YOU RECEIVE THREE NOTICES OF VIOLATION DURING 5 YOUR OWNERSHIP OF THE REFERENCED PROPERTY, EVEN THOUGH YOU 6 ABATE EACH VIOLATION, YOU WILL BE CHARGED AN ADDITIONAL FIFTY 7 DOLLARS AS AN ADDITIONAL ADMINISTRATIVE FEE. 8 You may contest this determination of the existence of a public nuisance by applying in 9 writing, for a hearing before the Board of County Commissioners within fifteen (15) days from 10 the date of this notice of violation. 11 2. If the property owner or his agent has not abated the identified nuisance as 12 described in said notice within twenty (20) days from the date of the notice of violation, the 13 County shall Abate the condition and shall, through its employees, servants, agents or 14 contractors, be authorized to enter upon the property and take such steps as are reasonably 15 required to Abate the nuisance. However, the County Administrator, in his discretion, may 16 extend the time allowed for taking corrective action up to 180 days for natural disasters as 17 determined by the State or Federal government. 18 SECTION FOURTEEN: Assessment for Abating Nuisance 19 1. After abatement by the County or its agent, the cost thereof to the County as to 20 each parcel shall be calculated and reported to the Collier County Code Enforcement Director or 21 his/her designee. An invoice and legal notice of assessment shall be mailed by certified mail to 22 the property owner(s) for the cost of abatement. The invoice shall include an initial 23 administrative fee of One - hundred ($100.00) dollars per parcel of property. 24 2. In the event the property owner abates the violation, but has received a total of 25 three notices of violation for separate violations during the property owners ownership of the 26 referenced property, the County shall mail an invoice and legal notice of assessment by certified 27 mail to the property owner including an initial administrative fee of Fifty ($50.00) dollars and an 28 additional administrative fee of Fifty ($50.00) dollars. Each notice of violation thereafter to the 29 same property owner shall be processed in the same manner. 11 AGENDA ITEM No..� JUN ? 2 1929 Pg.�_ t 3. If the invoice sent by the Code Enforcement Director or her designee is not paid at 2 the expiration of the twenty (20) days of the date of the legal notice of assessment, the Board of 3 County Commissioners shall impose a lien against the property. The Board of County 4 Commissioners, by resolution, shall assess such cost against such parcel. Said resolution shall: 5 A) describe the land and show the cost of abatement, which shall include the initial 6 administrative expense of One - hundred ($100.00) dollars plus an additional administrative 7 expense of One - hundred ($100.00) dollars per parcel, or B) describe the land and show the initial 8 administrative fee of Fifty ($50.00) dollars and the additional administrative fee of Fifty ($50.00) 9 dollars and an additional administrative fee of One - hundred ($100.00) dollars per parcel. Such 10 resolution shall constitute a lien which shall run with the property until paid. The resolution 11 shall also specify that interest shall accrue on the unpaid balance beginning on the date the 12 resolution is recorded at the rate of twelve (12) percent per annum. 13 3. The legal notice of assessment shall be substantially in the following form: 14 15 BOARD OF COUNTY COMMISSIONERS 16 THROUGH ITS CODE ENFORCEMENT DEPARTMENT 17 COLLIER COUNTY, FLORIDA IS 19 LEGAL NOTICE OF ASSESSMENT OF LIEN 20 21 <Insert Property Owner's Name and Address> DATE: 22 23 REF. INV.# FOLIO # LIEN NUMBER: 24 25 LEGAL DESCRIPTION: 26 27 You, as the owner of the property above - described, as recorded in the records maintained 28 by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, 29 did on 19 order the abatement of a certain nuisance existing on e a %WXW L 30 prohibited by Ordinance 99 -1, and served a notice of violation upon you. Th nuisanc i 12 JUN 2 2 1999 F%._jj_____ I [describe nuisance] 2 You failed to abate such nuisance; whereupon, it was abated by the expenditure of public 3 funds at a direct cost of S .00 and an administrative cost of Two- hundred (S200.00) dollars for a 4 total of [or, You abated the nuisance but caused the County to incur an initial 5 administrative cost of Fifty ($50.00) dollars and an additional administrative cost of One - 6 hundred Fifty ($150.00) dollars for a total of Two - hundred ($200.00) dollars.] 7 Such cost, by Resolution of the Board of County Commissioners of Collier County, 8 Florida, shall become a lien on your property within twenty (20) days of the date of this 9 legal notice of assessment. You may request a hearing before the Board of County 10 Commissioners to show cause, if any, why the expenses and charges incurred by the County 11 under County Ordinance No. 99- are excessive or unwarranted or why such expenses 12 should not constitute a lien against the property. Said request for hearing shall be made to the 13 County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in 14 writing within ten (10) days from the date of this notice. FAILURE TO PAY THE AMOUNT 15 SPECIFIED IN THIS NOTICE WILL RESULT IN A LIEN AGAINST YOUR 16 PROPERTY. 17 5. After the expiration of one year from the date of recording of the Lien, as 18 provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be 19 instituted, conducted and enforced in conformity with the procedures for the foreclosure of 20 municipal special assessment liens, as set forth in Chapter 173, Florida Statutes, which 21 provisions are hereby incorporated herein in their entirety to the same extent as if such provisions 22 were set forth herein verbatim. 23 6. The liens for delinquent assessments imposed hereunder shall remain liens, 24 coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all 25 other filed liens and claims, until paid as provided herein. 26 7. After recording of the Lien, the County Administrator or his designee may accept 27 partial payment and recommend satisfaction of the Lien to the Board if he /she determines an 28 error has been made based upon his/her judgment. 29 SECTION FIFTEEN: Right To Hearings on Declaration of P ITEM 30 Assessment 1�CC� o 31 1. Any property owner receiving the notice of violation pursuan to Se�u-'tr'c�t- T"ee :: 13 JUN 2 2 1999 Pg- i may contest this determination by filing an application for a hearing before the Board of County 2 Commissioners within fifteen (15) days from the date affixed on the notice of violation. 3 2. Any property owner receiving the invoice and notice of assessment pursuant to 4 Section Fourteen shall have ten (10) days to request a hearing before the Board to show cause, if 5 any, why the expenses and charges incurred by the County under this ordinance are excessive or 6 unwarranted or why such expenses should not constitute a lien against said property. 7 3. If, after said hearing, the Board determines that the assessment is fair, reasonable, 8 and warranted, the assessment resolution shall be recorded forthwith. If the Board determines 9 that the charges are excessive or unwarranted, it shall direct the County Administrator to re- 10 compute the charges and the Board shall hold a further hearing after notice to the owner upon the 11 re- computed charges. 12 SECTION SIXTEEN: Enforcement Procedures 13 Investigators of Collier County Code Enforcement are hereby empowered to issue 14 Written Corrective Notices and/or notices to appear in misdemeanor court to any person _. 15 violating the provisions of this ordinance. All such notices issued shall be maintained by the 16 issuing authority for public inspections during normal office hours. 17 Written Corrective Notices issued by investigators of this ordinance shall state the date 18 observed, nature of the offense committed, corrective measures to be taken and the date on or 19 before which such corrections shall be made. 20 Any person who has been served with such notice in accordance with the provisions of 21 this ordinance, and who neglects or refuses or fails to fully comply with the corrective notices so 22 ordered and/or to comply within the time frame so ordered therein, shall be in violation of this 23 Ordinance. 24 SECTION SEVENTEEN: Immediate Corrective Action 25 In the event the County Administrator or his designee determines or has reason to believe 26 that, a violation including but not limited to accumulation of weed or Litter presents a serious 27 threat to the public health, safety or welfare of the public or that the violation is of such a nature 28 as to require immediate correction, the violator may be required by notice to effectuate 29 immediate corrective measures upon receipt of the notice. The notice, sub 30 set forth in Section Thirteen, shall advise the owner that the County will r edy� 14 JUN 2 2 loon I condition as soon as possible. To be effective, the notice shall be served upon the occupant if the 2 property is occupied or physically posted on the property and sent by certified mail to the owner 3 as his/her name appears on the records of the property appraiser. a SECTION EIGHTEEN: Procedures for Mailing Notices 5 Notices mailed to the violator's address indicated on the records of the Collier County 6 Property Appraiser of such lot or parcel of land for ad valorem taxation purposes by registered or 7 certified mail, return receipt requested, shall be deemed personal service upon the person, for the 8 purpose of this ordinance. Refusal to accept service of such notices by a property owner or its 9 agent shall not bar the County from proceeding with enforcement and abatement under this 10 Ordinance. It is the property owner's responsibility to maintain a current address with the Collier 11 County Property Appraiser's office. 12 SECTION NINETEEN: Penalties 13 If any person fails or refuses to obey or comply with or violates any of the provisions of la this ordinance, such person upon conviction of such offense, shall be guilty of a misdemeanor 15 and shall be punished by a fine not to exceed Five Hundred Dollars (5500.00) or by 16 imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the 17 Court. Each violation or non - compliance shall be considered a separate and distinct offense. 18 Further, each day of continued violation or non - compliance shall be considered as a separate 19 offense. 20 Nothing herein contained shall prevent or restrict the County from taking such other 21 lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any 22 violation or non - compliance. Such other lawful actions shall include, but shall not be limited to, 23 an equitable action for injunctive relief or an action at law for damages. 24 Further, nothing in this Section shall be construed to prohibit the County from 25 prosecuting any violation of this ordinance by means of a Code Enforcement Board established 26 pursuant to the authority of Chapter 162, Florida Statutes. 27 All remedies and penalties provided for in this Section shall be cumulative and 28 independently available to the County and the County shall be authorized to pursue any and all 29 remedies set forth in this Section to the full extent allowed by law. AGENDA 17;E\M 30 NM. <, � 15 JUN 2 2 1`3 C9 Pg..._,C�__ I SECTION TWENTY: Repeal of Ordinances 2 Ordinance Numbers 91 -47 and 92 -86 are hereby expressly repealed upon the passage of 3 this ordinance. 4 SECTION TWENTY -ONE: Conflict and Severability 5 In the event this ordinance conflicts with any other ordinance of Collier County or other 6 applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held 7 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 8 separate, distinct and independent provision and such holding shall not affect the validity of the 9 remaining portion. 10 SECTION TWENTY -TWO: Inclusion in the Code of Laws and Ordinances ]1 12 The provisions of this Ordinance shall become and be made a part of the Code of Laws 13 and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or 14 relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", 15 or any other appropriate word, 16 with the Department of State. 17 SECTION TWENTY- THREE: Effective Date. 18 This Ordinance shall become effective upon filing with the Department of State. 19 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 20 County, Florida, this _ day of 1999. 1'1 22 ATTEST: 23 DWIGHT E. BROCK, Clerk 24 25 26 27 28 29 30 31 Approved as to form and 32 legal sufficiency: 33 34 35 36 ,// t- I%, !L! 37 Heidi F. Ashton 38 Assistant County Attorney 39 h: hfa/hg/Ordinance4ced litter 11.24 -98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, Chairwoman 16 JUN 22 1029 Pg.—.J-L- EXECUTIVE SUMMARY AMENDMENT TO 1NTERLOCAL GOVERNMENT AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY ENTERED INTO BY THE CITY AND COUNTY ON APRIL 21, 1999 FOR THE PURPOSE OF AMENDING PARAGRAPH NUMBERS 5 AND 6 OF THE HAMILTON HARBOR INTERLOCAL GOVERNMENT AGREEMENT. OBJECTIVE: To amend the Hamilton Harbor interlocal government agreement entered into by the City and County on April 21, 1999. CONSIDERATIONS: This amendment request comes about as a result of public discussion at the June 2, 1999 City approval hearing concerning the interpretation of Paragraph 5 and the effective period set forth in Paragraph 6 of the Interlocal Government Agreement. The amendment would authorize the City of Naples to have sole jurisdiction to process any proposed amendments to the Hamilton Harbor PD Zoning Ordinance and DRI Development Order provided the changes do not exceed the development standards established in the original agreement. The amendment further clarifies the effective duration of the agreement being a period of twenty (20) years from the date and year first approved with automatic renewal for four (4) additional twenty (20) year periods unless written notice at least sixty (60) days is given to the other party, prior to the automatic renewal date, that this Agreement shall not be automatically removed and shall expire. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. PLANNING COMMISSION RECOMMENDATION: That the amendment to the Hamilton Harbor Interlocal Government Agreement be approved as described by the Agreement made a part of this Executive Summary. AGENnA!16 1q No — /' Z )- . JUN 2 2 1999 PA 1 - PREPARED BY ROikALD F. NINO, AICP CURRENT PLANNING MANAGER REVIEWED BY: RdBERf J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPRQ VED BY: V &CENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. HAMILTON HARBOR EX SUMMARY /md 06- 6q. 5°I DATE � -�--�>7 DATE r ll� T DATE AGENIA IT U& 1--<c)3 JUN 2 2 1999 Pg. a AMENDMENT INTERLOCAL GOVERNMENT AGREEMENT This Agreement, is made and entered into this day of , 1999, by and between the City of Naples, Florida, a municipal corporation ( "City "), and Collier County, a political subdivision of the State of Florid, ( "County "), pursuant to the authority set forth in Sections 125.01, 163.01 and 163.3171(3), Florida Statutes, 1997, for the purposes of amending Paragraph numbers 5 and 6 of that certain Interlocal Government Agreement entered into by the City and County on April 21, 1999. RECITALS: A. On June 2, 1999, pursuant to the existing Interlocal Government Agreement between the City and the County concerning the Hamilton Harbor project, the City approved a comprehensive plan amendment and planned development rezoning for the Hamilton Harbor project, the legal description of which is attached hereto and incorporated by reference herein as Exhibit 1. B. At said June 2, 1999, City approval hearing, questions arose concerning the interpretation of Paragraph 5 and the effective period set forth in Paragraph 6 of the Interlocal Government Agreement. C. The City and the County desire to amend said Paragraphs 5 and 6 to resolve the questions concernin said paragraphs. , NOW, THEREFORE, in consideration of the public benefits to be realized from the coordinated planning and review of the Hamilton Harbor project, Collier County and the City ofNaples hereby agree to amend Paragraphs 5 and 6 of the afore referenced Interlocal Government Agreement to read as follows: 5. The City ofNaples shall have sole jurisdiction to process any proposed amendments to the Hamilton Harbor PD Zoning Ordinance and DRI Development Order, including changes that constitute substantial deviations pursuant to Section 380.06(19), Florida Statutes, whether or not property within the County is affected and such changes shall be effective within the County, provided that the proposed changes do not exceed the development standards set forth in the attached Exhibit 3. In the event that changes are approved by the City to the PD Zoning Ordinance or DRI Development Order on land located within Collier County, and the proposed changes exceed the AGEND4 ITCra. development standards set forth in Exhibit 3, then the County shall also have authority to rc view JUN 2 2 1999 P9 3 „proposed amendments to its development order and/or the PUD Zoning Ordinance applicable to portions of the ,.oject within the County's jurisdiction. 6. This Agreement shall be effective for a period of twenty (20) years from the day and year first above written, and shall automatically renew for four (4) additional twenty (20) year time periods unless the City or the County give at least sixty (60) days prior written notice to the other, prior to an automatic renewal date, that this Agreement shall not be automatically renewed and shall expire. EN61 . 6 DWIGHT BROCK, Clerk Approved as to form and legal sufficiency: ,V�WEIGEL, County Attorney ATTEST: , Clerk Approved as to form and legal sufficiency: KENNETH B. CUYLER, City Attorney BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chairwoman CITY OF NAPLES, FLORIDA In WILLIAM BARNETT, Mayor F: \users\LANA \Wp8 \CE HAMILTON HARBOWAMENDED INTERLOCAL GOVT AGRMT.wpd (060399) Pa AGEb&,* 111,A/ N0 7a Cc)3 JUN 2 2 1999 EXHIBIT "1" PLANNERS, tNVIRONMENTAL CONSULTANTS, ENGINEERS, SURVE%oits, LANDSCAPE ARCHITECTS, CONSTRUCTION MANAGERS Description of part of Sections 22, 23 and 27, Township 50 South, Range 25 East, Collier County, Florida (for Collier Enterprises) All that part of Sections 22, 23 and 27, Township 50 South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the southeast corner of said Section 22; thence along the east line of said Section 27, South 00 °25'29" West 2328.66 feet; thence leaving said section line South 89 °32' 18" West 1288.58 feet; thence North 00 °27'34" West 331.71 feet; thence northeasterly 846.91 feet along the are of a tangential circular curve concave to the southeast having a radius of 800.00 feet through a central angle of 60 °39' 19" and being subtended by a chord which bears North 29 052'06" East 807.91 feet to a point of reverse curvature; thence northerly 101 1.26 feet along the arc of a tangential circular curve concave to the northwest having a radius of 750.73 feet through a central angle of 77° 10'46" and being subtended by a chord which bears North 21 036'21" East 936.52 feet; thence North 16 °59'02" West 450.59 feet; thence North 50 °00'29" East 226.72 feet; thence northeasterly 113.41 feet along the arc of a tangential circular curve concave to the northwest having a radius of 150.00 feet through a central angle of 43 °19'08" and being subtended by a chord which bears North 28 °26'43" East 110.73 feet to a point of compound curvature; thence northerly 320.89 feet along the are of a tangential circular curve concave to the west having a radius of 480.00 feet through a central angle of 38° 18' 13" and being subtended by a chord which bears North 12 °21'57" West 314.95 feet to a point of reverse curvature; thence northerly 109.67 feet along the arc of a tangential circular curve concave to the east having a radius of 100.00 feet through a central angle of 62 °50'20" and being subtended by a chord which bears North 00 005'54" West 104.26 feet to a point of reverse curvature; thence northeasterly 171.22 feet along the arc of a tangential circular curve concave to the west having a radius of 180.00 feet through a central angle of 54 °30'00" and being subtended by a chord which bears North 04004'16" East 164.83 feet; thence North 23 °10'44" West 123.01 feet; thence northwesterly and easterly 197.05 feet along the arc of a tangential circular curve concave to the southeast having a radius of 100.00 feet through a central angle of 112 °54'00" and being subtended by a chord which bears North 33016'16" East 166.68 feet; thence North 89 °43' 16" East 110.00 feet; thence easterly and northwesterly 213.10 feet along the arc of a tangential circular curve concave to the northwest having a radius of 100.00 feet through a central angle of 122 °06'00" and being subtended by a chord which bears North 28040'l 6" East 175.01 feet to a point of reverse curvature; thence northerly and northeasterly 78.69 feet along the arc of a tangential circular curve concave to the east having a radius of 50.00 feet through a central angle of 90 °10'20" and being subtended by a chord which bears North 12 °42'26" East 70.82 feet; thence North 57 °47'36" East 67.46 feet; thence northerly and northwesterly 194.01 feet along the arc of a tangential circular curve concave to the west having a radius of 75.00 feet through a central angle of 148° 12'45" and being subtended by a chord which bears North 16° 18'46" West 144.27 feet; thence South 89 °34'51" West 30.00 feet; thence westerly and southwesterly 157.08 feet along the are of a tangential circular curve concave to the southeast having a radius of 100.00 feet through a central angle of 90 °00'00" and being subtended by a chord which bears South 44 °34'51" West 141.42 feet; thence South 00 °25'09" East 169.99 feet; thence southwesterly 62.98 feet along the arc of a tangential circular curve concave to the northwest having a radius of 50.00 feet through a central angle of 72 °10'28" and being subtended by a chord which bears South 35 °40'05" West 58.90 feet; thence South 71 °45' 19" West 116.04 feet; thence southwesterly and southerly 248.54 feet along the are of a tangential circular curve concave to the southeast having a radius of 150.00 feet through a central angle of 94 °56'03" and being subtended by a chord which bears South 24'17'18" West 221.07 feet; thence South 23 °10'44" East 123.01 feet; AGE!JnA 1.7k'N WILSON, MILLER, BARTON & PEEK, INC. No ./;z �cf ` 3200 Bailey Lane, Suite 200, Naples, Florida 34105 -8507 • Ph 941- 649 -4040 F: 941 -643 716 JUN 2 2 999 Web Site: www.wilsonmiller.com M1u..,c .. E -mail: naplesOwilsonmiller.com wisnatnay.rouwsw Naldrs Furt Mycros Sarttsutn Drtulantun M11n�{Llsiw ttl?N.�I1JOi.0 pp PLANNERS, ENviRONMENTAI. CONSULTANTS, ENGINEERS, SUIT \,F.Ni.)i s, L:1N11S(:APE ARCHITECTS, CONSTRUCTION MANAGERS thence southerly and southwesterly 101.05 feet along the arc of a tangential circular curve concave to the northwest having a radius of 50.00 feet through a central angle of 115 °47'41" and being subtended by a chord which bears South 34 °43' 14" West 84.71 feet to a point of compound curvature; thence northwesterly 256.08 feet along the are of a tangential circular curve concave to the northeast having a radius of 220.00 feet through a central angle of 66 °41'32" and being subtended by a chord which bears North 54 °02'10" West 241.87 feet; thence North 20 °41'24" West 195.01 feet; thence northeasterly 312.33 feet along the arc of a tangential circular curve concave to the east having a radius of 280.00 feet through a central angle of 63 °54'40" and being subtended by a chord which bears North 11 015'56" East 296.39 feet to a point of reverse curvature; thence northeasterly, northerly and northwesterly 516.02 feet along the arc of a tangential circular curve concave to the west having a radius of 300.00 feet through a central angle of 98 °33'08" and being subtended by a chord which bears North 06 °03' I8" West 454.72 feet; thence North 55 °19'52" West 528.65 feet; thence North 02 °23' 16" East 275.02 feet ; thence northeasterly 77.62 feet along the arc of a tangential circular curve concave to the southeast having a radius of 50.00 feet through a central angle of 88 °57'04" and being subtended by a chord which bears North 46 °51'48" East 70.06 feet to a point of reverse curvature; thence northeasterly 731.46 feet along the arc of a tangential circular curve concave to the north having a radius of 1200.00 feet through a central angle of 34 °55'29" and being subtended by a chord which bears North 73 052'36" East 720.19 feet to a point of reverse curvature; thence northeasterly, northerly and northwesterly 134.88 feet along the arc of a tangential circular curve concave to the west having a radius of 50.00 feet through a central angle of 154 °33'46" and being subtended by a chord which bears North 20 °52'02" West 97.55 feet to a point of reverse curvature; thence westerly and northeasterly 71.31 feet along the arc of a tangential circular curve concave to the northeast having a radius of 35.00 feet through a central angle of 116 °44' 18" and being subtended by a chord which bears North 39 °46'46" West 59.60 feet; -_ thence North 18 °35'23" East 68.45 feet; thence North 13 °49'59" East 340.07 feet; thence North 07 °00'50" East 161.59 feet; thence North 82 °59' 10" West 35.00 feet; thence North 07 °00'50" East 14.74 feet; thence North 89 °18'51" East 527.45 feet; thence South 00 °13' 12" East 335.51 feet; thence North 89 °24'52" East 1333.23 feet; thence North 00 °32'30" West 30.00 feet; thence North 89 °24'52" East 50.00 feet; thence South 00 °32'30" East 537.45 feet; thence south 89 °29'24" West 916.48 feet; thence South 00 °06'04" East 453.00 feet; thence south 89 °29'24" West 470.01 feet; thence South 00 °06'04" East 2039.29 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 124.29 acres more or less. Bearings are based on the Certificate of authorization #LB -43. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors By: / �'J ! - � � Date 11"7s7 Michael H. Maxwell" P.S. P.S.M. #4650 Ref. 4D -94 Not valid unless embossed with the Professional's seal. AGFK1rL .I'Gk "' WILSON, MILLER, BARTON & PEEK, INC. No �_• U_ 3200 Bailey lane, Suite 200, Naples, Florida 34105.8507 • Ph 941- 649.4040 Fx 941 -643 716 AI Web Sire: www.wil- nmilieccom n.i...w _110 E-mail: naplesOwllsonmlller.cnm JUN 2 2 1999 W1~71s0v.r.011.wsw N,il'l. :c F,o.i Myer, sam."'lu Buld"Imm EXECUTIVE SUMMARY RECOMMENDATION FOR BOARD TO ADOPT A CORRECTIONAL FACILITIES IMPACT FEE ORDINANCE OBJECTIVE: Board adoption of a Correctional Facilities Impact Fee Ordinance. CONSIDERATIONS: On March 18, 1997 the Board of County Commissioners authorized a contract with Henderson, Young, & Company to prepare a correctional facilities impact fee feasibility study, a legally defensible correctional facilities impact fee rate study, and an update of the law enforcement impact fee rate study. The purpose of the feasibility study was to determine what portion of correctional facilities expansion (i.e., jail, operational facilities, and work release center) would be eligible to be funded by impact fees and to provide the County the information with which to make a determination regarding the feasibility of pursuing this revenue source to assist in offsetting the costs associated with new growth and the resulting demand for additional correctional facilities. On June 24, 1997, the Board gave staff direction to proceed with the development of a full scale, legally defensible correctional facilities impact fee rate study. The consultant then presented a Correctional Facilities Impact Fee Summary report on February 9, 1999, which outlined the methodology employed and the proposed impact fee rates per type of land use. It was noted that no credits (adjustments to the impact fee rate for estimated payments of other sources of revenue that are used for capital projects that create additional capacity) were included in the impact fee calculations, because the County does not have other funding identified for the correctional facility capital projects. The ultimate funding source selected for jail financing may have a direct impact on the final impact fee rates charged due to credits. As a result of the February 9, 1999 presentation, the Board directed the County Attorney's Office to prepare and advertise a Correctional Facilities Impact Fee Ordinance. The Correctional Facilities Impact Fee Summary Report included individual residential impact fee rates (Option 1) for single family, multi - family, and mobile homes. The Board further directed staff to develop an option of a "blended" impact fee rate to be applied to all residential construction (Option 2). GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The proposed correctional facilities impact fee rates for Option 1 and Option 2 are summarized on the following page. The correctional facilities impact fee rates may be impacted by the financing source ultimately selected for the jail expansion. AGENDA ITEM No._ is c cq JUN 2 2 1999 Pg. i Proposed Correctional Facilities Impact Fee Rates Land Use Proposed Impact Fee- Option 1 Residential: Single Family $159.50 per dwelling unit Multi - Family $102.03 per dwelling unit Mobile Home $15.40 per dwelling unit Non Residential: Lodging: Hotel/Motel 0.2340 per square foot Nursing Home/Inst. 0.0390 per square foot Misc. Residential 0.3237 per square foot Medical: Hospital 0.4914 per square foot Commercial: Office 1.3260 per square foot Retail 1.0920 per square foot Rest.Bar/Lounge 1.7043 per square foot Industrial/Mfg. 0.0312 per square foot Leisure /Outdoor 0.5616 per square foot Other Misc. 1.4664 per square foot Institutions: Proposed Impact Fee - Option 2 $117.98 per dwelling unit $117.98 per dwelling unit $117.98 per dwelling unit 0.2340 per square foot 0.0390 per square foot 0.3237 per square foot 0.4914 per square foot 1.3260 per square foot 1.0920 per square foot 1.7043 per square foot 0.0312 per square foot 0.5616 per square foot 1.4664 per square foot Church 0.1170 per square foot 0.1170 per square foot School/College 0.1599 per square foot 0.1599 per square foot Govt./Public Buildings 0.6708 per square foot 0.6708 per square foot RECOMMENDATION: That the Board of County Commissioners adopt the Correctional Facilities Impact Fee Ordinance, based on rates contained within Option 1 (individual residential rates for single family, multi - family, and mobile home). Prepared Michael Smykowski, OMB Director Reviewed by: 44� -'k David C. Weigel, Cou Attorney Approved By: Robert F. Fernandez, County Administrator Date: I/ i June 14, 1999 Date: Jude 14, 999 Date: June 14, 1999 AGENDA ITEM No._! A C- c 4 JUN 2 2 1999 Pg z C0gC 1 ORDINANCE NO. 99- 2 3 CORRECTIONAL FACILITIES IMPACT FEE ORDINANCE 4 5 AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY 6 CORRECTIONAL FACILITIES IMPACT FEE ORDINANCES PROVIDING 7 DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS 8 ADOPTING A CERTAIN IMPACT FEE STUDYY DEFINING THE TERM 9 CORRECTIONAL FACILITIES IMPACT CONSTRUCTION1 PROVIDING 10 FOR THE PAYMENT AND COLLECTION OF CORRECTIONAL 11 FACILITIES IMPACT FEES1 PROVIDING FOR THE USE OF 12 CORRECTIONAL FACILITIES IMPACT FEES COLLECTED 13 PROVIDING AN ALTERNATIVE METHOD OF CALCULATION OF 14 CORRECTIONAL FACILITIES IMPACT FEESI PROVIDING FOR 15 EXEMPTIONS IN CONNECTION WITH CORRECTIONAL FACILITIES 16 IMPACT FEES] PROVIDING FOR CHANGES IN SIZE AND USE OF A 17 BUILDING OR DWELLING UNITS PROVIDING FOR VESTED RIGHTS! 18 PROVIDING FOR AFFORDABLE HOUSING WAIVER AND DEFERRALS1 19 PROVIDING FOR CREDIT FOR DEVELOPER CONTRIBUTION1 20 PROVIDING FOR REVIEW HEARINGS1 REQUIRING REVIEW EVERY 21 THREE YEARS, DECLARATION OF EXCLUSION FROM 22 ADMINISTRATIVE PROCEDURES ACTS PROVIDING FOR INCLUSION 23 IN THE CODE OF LAWS AND ORDINANCESy PROVIDING FOR 24 SEVERABILITY1 PROVIDING AN EFFECTIVE DATE. 25 26 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 27 COLLIER COUNTY, FLORIDA: 28 29 ARTICLE I GENERAL 30 Section 1.01. Definitions. 31 When used in this Ordinance, the following terms shall have 32 the following meanings, unless the context clearly indicates 33 otherwise: 34 "Accessory Building or Structure" shall mean a detached, 35 subordinate structure, the use of which is clearly indicated 36 and related to the use of the principal Building or use of the 37 land and which is located on the same lot as the principal 38 Building. 39 "Affordable Housing" shall mean a. Dwelling Unit which is 40 offered for sale or rent for an amount which is within the 41 standards set forth and established in Appendix B of this 42 Ordinance. 43 "Alternative Correctional Facilities Impact Fee" shall mean 44 any alternative fee calculated by the Applicant and appr ved �AGEl�DA ITEM 45 the Board pursuant to Section 2.04 or 3.07. f 1999 ;s 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 "Alternative Correctional Facilities Impact Fee Study" shall mean a study prepared by the Applicant and submitted to the County Manager pursuant to Sections 2.04. "Apartment" means a rental Dwelling Unit located within the same Building as other Dwelling Units. "Applicant" shall mean the Person who applies for a Building Permit. "Board" shall mean the Board of County Commissioners of Collier County, Florida. "Building" shall mean any structure, either temporary or permanent, built for the support, shelter or enclosure of Persons, chattels or property of any kind or any other improvement, use or structure which creates or increases the potential demand in the Correctional Facilities System. This term shall include tents, trailers, mobile homes or any vehicles serving in any way the function of a Building. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a Building Permit "Building Permit" shall mean an official document or certificate issued by the authority having jurisdiction, authorizing the construction or siting of any Building. For purposes of this Ordinance, the term "Building Permit" shall also include tie -down permits for those structures or Buildings, such as a mobile home, that do not require a Building Permit in order to be occupied. "Condominium" means a single - family or time - sharing ownership unit that has at least one other similar unit within the same building structure. The term Condominium includes all fee simple or titled multi -unit structures, including townhouses and duplexes. "Correctional Facilities Impact Construction" shall mean land development construction designed or intended to permit a use of land which will contain more Dwelling Units, Build' or floor space than the existing use of land or other ise AGENDA ITEM No. JZ_ c:. C y) JUN 2 2 1999 2 IJ Pg. 1 change the use of land that increases the impact upon the 2 Correctional Facilities System. 3 "Correctional Facilities System" shall mean the Buildings, 4 land, improvements, furniture and equipment provided by the 5 County that are primarily used for the detention and /or housing 6 of alleged criminals and /or convicted persons. 7 "Correctional Facilities Impact Fee" or "Impact Fee" shall 8 mean the fee imposed by the County pursuant to Section 2.01 or, 9 if applicable, the Alternative Correctional Facilities Impact 10 Fee. 11 ucouncy° snail mean 1:U111ez t- ounuy, a YU11l,1Ga1 25UIUU.LV.Lj.Lul1 12 of the State of Florida. 13 "County Attorney" shall mean the person appointed by the 14 Board of County Commissioners to serve as its counsel, or the 15 designee of such Person. 16 "County Manager" shall mean the chief administrative 17 officer of the County, appointed by the Board of County 18 Commissioners, or the designee of such Person. 19 "Dwelling Unit" shall mean a Building or portion of a 20 Building designed for or whose primary purpose is for 21 residential occupancy, and which consists of one or more rooms 22 which are arranged, designed or used as living quarters for one 23 or more persons. 24 "Encumbered" shall mean monies committed by contract or 25 purchase order in a manner that obligates the County to expend 26 the encumbered amount upon delivery of goods, the rendering of 27 services or the conveyance of real property provided by a 28 vendor, supplier, contractor or Owner. 29 "Impact Fee Study" shall mean the study adopted pursuant to 30 Section 1.04, as amended and supplemented pursuant to Section 31 3.08. 32 "Local Government Comprehensive Planning and Land 33 Development Regulation Act" means the provisions of Part II, 34 Chapter 163, Florida Statutes (1999), as amended F 35 supplemented, or its successor in function. AGENDA ITEM, JUN 22 1999 3 Fg 5_ 1 2 3 4 5 6 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 "Mobile Home" means manufactured homes, trailers, campers or recreational vehicles. For the purpose of imposing impact fees relative to Travel Trailers, which are otherwise herein encompassed by the term "mobile home ", travel trailer lots or spaces shall be classified in conformance with the definition of use provided for in the County's zoning regulations and Comprehensive Plan. "Owner" shall mean the Person holding legal title to the real property upon which Correctional Facilities Impact Construction is to occur. "Person" shall mean an individual, a corporation, a partnership, an incorporated association, or any other similar entity. "Residential" means Apartments, Condominiums, Mobile Homes, Single - Family Detached Houses or Assisted Living Facilities, as that term is defined in Section 400.402, Florida Statutes. "Single- Family Detached House" means a home on an individual lot. "Square Footage" shall mean the gross area measured in feet from the exterior faces of exterior walls or other exterior boundaries of the Building. Section 1.02. Rules of Construction. For the purposes of administration and enforcement of this Ordinance, unless otherwise stated in this Ordinance, the following rules of construction shall apply: A. In case of any difference of meaning or implication between the text of this Ordinance and any caption, illustration, summary table, or illustrative table, the text shall control. B. The word "shall" is always mandatory and not discretionary and the word "may" is permissive. C. Words used in the present tense shall include the future; words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; and use of the masculine gender shall include t e feminine gender. 4 AGENDA ITEM No. iL CO JUN 2 2 1999 Pg. 4 I D. The phrase "used for" includes "arranged for," 2 "designed for," "maintained for," or "occupied for." 3 E. Unless the context clearly indicated the contrary, 4 where a regulation involves two or more items, conditions, 5 provisions, or events connected by the conjunction "and," "or" 6 or "either—or", the conjunction shall be interpreted as 7 follows: 8 1. "And" indicated that all the connected terms, 9 conditions, provisions or events shall apply. 10 2. "Or" indicates that the connected items, 11 conditions, provisions or events may apply 12 singly or in any combination. 13 3. "Either—or" indicates that the connected 14 items, conditions, provisions or events shall 15 apply singly but not in combination. 16 F. The word "includes" shall not limit a term to the 17 specific example but is intended to extend its meaning to all 18 other instances or circumstances or like kind or character. 19 Section 1.03. Findings. It is hereby ascertained, determined 20 and declared: 21 A. Future growth represented by Correctional Facilities 22 Impact Construction should contribute its fair share to the 23 cost of improvements and additions to the Correctional 24 Facilities System that are required to accommodate the use of 25 such facilities by growth. 26 B. Implementation of the Impact Fee to require future 27 Correctional Facilities Impact Construction to contribute its 28 fair share of the cost of improvements and additions to the 29 Correctional Facilities System is an integral and vital element 30 of the regulatory plan of growth management. 31 C. The standard of service for the Correctional 32 Facilities System, as determined in the Impact Fee Study, is 33 hereby approved and adopted by the County. 34 D. Capital planning is an evolving process and the 35 standard of service for the Correctional Facilities Sy tem AGENDA ITEM 36 constitutes a projection of anticipated need for correctional i JUN 22 1999 5 7 gig. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 facilities, based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns and the dynamic nature of population growth, it is the intent of the Board that the standard of service for the Correctional Facilities System and the Impact Fee imposed be reviewed and adjusted periodically, pursuant to Section 3.08, to insure that the Correctional Facilities Impact Fees are imposed equitably and lawfully, based upon actual and anticipated growth at the time of their imposition. E. The imposition of the Correctional Facilities Impact Fee is to provide a source of revenue to fund the construction or improvement of the Correctional Facilities System necessitated by growth. F. The Board specifically finds that correctional facilities benefit all residents of the County and, therefore, the Correctional Facilities Impact Fee shall be imposed in all areas of the County, including both the unincorporated area and within municipal boundaries. G. This Ordinance shall not be construed to permit the collection of Impact Fees from Correctional Facilities Impact Construction in excess of the amount reasonably anticipated to offset the demand on the Correctional Facilities System generated by the Correctional Facilities Impact Construction occurring subsequent to the effective date of this Ordinance. H. All improvements and additions to the Correctional Facilities System needed to eliminate any deficiency between the existing Correctional Facilities System and the standard of service utilize(] in the Impact Fee Study adopted pursuant to Section 1.04 as amended and supplemented pursuant to Section 3.08, shall be funded by revenues other than Impact Fees. Therefore, the revenue derived from the Impact Fee shall be utilized only for the acquisition of improvements and additions to the Correctional Facilities System which are necessitated by Correctional Facilities Impact Construction occurring subsequent to the effective date of this Ordinance. 1 6 AGENDA ITEM No. 1,2- C C 44) JUN 2 2 1999 Pg. ? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I. It is hereby declared to be the policy of the Board that the improvements and additions to the Correctional Facilities System, required to accommodate future growth, shall be funded entirely by the revenue derived from the Correctional Facilities System Impact Fee. Therefore, no credit shall be given for any tax revenue sources which may have been utilized in prior years for the funding of Correctional Facilities System improvements or additions. In the event that this policy is altered by the subsequent action of the Board, or if additional revenue is received and committed for growth necessitated improvements and additions of the Correctional Facilities System, the Impact Fee shall be adjusted at the periodic review required pursuant to Section 3.08 and credit shall be given for any tax revenue which has been utilized for growth required improvements and additions to the Correctional Facilities System. Section 1.04. Adoption of Impact Fee Study and Comprehensive Plan. The Board hereby adopts and incorporates by reference the study entitled "Rate Study for Impact Fees for Correctional Facilities for Collier County, Florida," dated April 26, 1999 and any amendments, updates or supplements thereto particularly the assumptions, conclusions and findings in such study and its amendments as to the determination of anticipated costs of additions to the Correctional Facilities System required to accommodate growth. 26 ARTICLE II 27 CORRECTIONAL FACILITIES IMPACT FEE 28 Section 2.01. Imposition. 29 A. All Correctional Facilities Impact Construction within 30 the County, both within the unincorporated areas and within the 31 boundaries of all municipalities, shall pay the Correctional 32 Facilities Impact Fee as set forth and established in Appendix 33 A. 34 35 B. The Board hereby adopts the Correctional Facilities Impact Fee incorporated within Appendix A which shall be AGENDAITEM N0. FL c C 7 JUN 2 2 1999 Pg. 9 I imposed upon all Correctional Facilities System Impact 2 Construction occurring within the County. 3 C. The Correctional Facilities Impact Fee shall be paid 4 in addition to all other fees, charges and assessments due for 5 the issuance of a building permit and is intended to provide 6 funds only for growth necessitated improvements and additions 7 to the Correctional Facilities System. 8 Section 2.02. Payment. 9 A. Except as otherwise provided in this Ordinance, prior 10 to the issuance of a Building Permit for a Correctional 11 Facilities Impact Construction, an Applicant shall pay the 12 Correctional Facilities Impact Fee as set forth in Section 13 2.01. 14 B. If the Correctional Facilities Impact Construction is 15 located within the unincorporated area of the County, the 16 Correctional Facilities Impact Fee shall be paid directly to 17 the County. 18 C. If the Correctional Facilities Impact Construction is 19 located within a municipality, the Correctional Facilities 20 Impact Fee shall be paid as follows: 21 1. If the municipality has entered into an 22 interlocal agreement with the County providing for the 23 collection of the Correctional Facilities Impact Fee, such 24 Impact Fees shall be paid and collected in accordance with 25 the provisions of the interlocal agreement. 26 2. If the municipality has not entered into an 27 interlocal agreement with the County providing for the 28 collection of the Correctional Facilities Impact Fee, such 29 Impact Fees shall be paid directly to the County. 30 D. If the Correctional Facilities Impact Construction 31 is located within a municipality and the governing body of the 32 municipality has not agreed to require proof of payment of the 33 Correctional Facilities Impact Fee to the County prior to the 34 issuance of a Building Permit by the municipality or to requ' A ITEM 35 additionally the payment of the Correctional Facilities Imp No.— L ( �) Fhe 36 Fee as a condition of the issuance of a Building Permit by 2 1999 8 pg. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 municipality, the Impact Fees shall be collected as provided in Section 3.05. E. The obligation for payment of the Correctional Facilities Impact Fee shall run with the land. F. In the event that a Building Permit issued for a Correctional Facilities Impact Construction expires prior to completion of the Correctional Facilities Impact Construction for which it was issued, the Applicant may within ninety (90) days of the expiration of the Building Permit apply for a refund of the Correctional Facilities Impact Fee. Failure to timely apply for a refund of the Correctional Facilities Impact Fee shall waive any right to a refund. 1. The application for refund shall be filed with the County Manager and contain the following: (a) The name and address of the Applicant; (b) The location of the property which was the subject of the Building Permit; (c) The date the Correctional Facilities Impact Fee was paid; (d) A copy of the receipt of payment for the Correctional Facilities Impact Fee ; and (e) The date the Building Permit was issued and the date of expiration. 2. After verifying that the Building Permit has expired and that the Correctional Facilities Impact Construction has not been completed, the County Manager shall refund the Correctional Facilities Impact Fee paid for such Correctional Facilities Impact Construction. 3. A Building Permit which is subsequently issued for a Correctional Facilities Impact Construction on the same property which was the subject of a refund shall pay the Correctional Facilities Impact Fee as required by Sections 2.01. Section 2.03. Use of Monies. A. The Board hereby establishes a separate trust acco for the Correctional Facilities Impact Fees, to be design red 9 AGENDA ITEM No. /.l C c4) JUN 2 2 1999 Pg. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 as the "Correctional Facilities Impact Fee Trust Account" which shall be maintained separate and apart from all other accounts of the County. All such Impact Fees shall be deposited into such trust account immediately upon receipt. B. The monies deposited into the Correctional Facilities Impact Fee Trust Account shall be used solely for the purpose of providing growth necessitated construction improvements and additions to the Correctional Facilities System within the County including, but not limited to: (1) Design and construction plan preparation; (2) Permitting and fees; (3) Construction and design of Correctional Facilities System buildings or improvements and additions thereto; (4) Design and construction of new drainage facilities required by the construction of Correctional Facilities System buildings, facilities or improvements and additions thereto; (5) Relocating utilities required by the construction of Correctional Facilities System buildings, facilities or improvements and additions thereto; (6) Landscaping; (7) Construction management and inspection; (8) Surveying, soils and material testing; (9) Acquisition of capital equipment for Correctional Facilities System; (10) Acquisition of apparatus, equipment or furniture necessary to expand the Correctional Facilities System. (11) Repayment of monies transferred or borrowed from any budgetary fund of the County subsequent to the adoption of this Ordinance, which were used to fund construction, acquisition of improvements and additions to the Correctional Facilities System; (12) Payment of principal and interest, necessary reserves and costs of issuance under any bonds or o 36 indebtedness issued by the County to fund growth imps AGENDA ITEM ted NO D- 10 JUN 2 2 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 improvements and additions to the Correctional Facilities System subsequent to the adoption of this Ordinance; (13) Reimbursement of excess Correctional Facilities Impact Fees due an Applicant pursuant to Section 3.07; (14) Design and' construction of roadway improvements required by the Correctional Facilities System; and (15) To the extent provided by law, reimbursement or refund of costs incurred by the County in the preparation of any update to the Impact Fee Study adopted pursuant to Section 2.04 and any amendments or supplements adopted pursuant to Section 3.08 and any other administrative costs incurred by the County. C. Funds on deposit in the Correctional Facilities Impact Fee Trust Account shall not be used for any expenditure that would be classified as a maintenance or repair expense. D. The monies deposited into the Correctional Facilities Impact Fee Trust Account shall be used solely to finance improvements and additions to the Correctional Facilities System required by growth as projected in the Impact Fee Study. E. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. All income derived from such investments shall be deposited in the Correctional Facilities Impact Fee Trust Account and used as provided herein. To the extent permitted by law, any interest accrued on Correctional Facilities Impact Fees which is not needed for improvements and additions to the Correctional Facilities System may, at the discretion of the Board, be used to fund waivers or deferrals of Correctional Facilities Impact Fees pursuant to Section 3.04 of this Ordinance. In addition, to the extent permitted by law, any accrued interest on Correctional Facilities Impact Fees which is not needed for improvements and additions to the Correctional Facilities System may, at the discretion of the Board, be used to fund waivers of Correctional Facilities Impact Fees if the Board makes the following findings by resolution: AGENDA ITEM 11 .1 U N 2 2 1999 fig, � I a. The entity requesting a waiver is a not -for- 2 profit corporation or business, or charitable 3 organization; 4 b. The entity provides services to low income or 5 very low income citizens of Collier County at 6 reasonable rates; 7 C. The County does not provide such services; 8 d. The provision of services provides substantial 9 benefits to the citizens of Collier County. 10 e. Sufficient funds in the Correctional Facilities 11 Impact Fee Trust Account exist to fund the 12 waivers; and 13 f. The entity is a child care or similar support 14 facility which is included in the original site 15 development plans of an affordable housing 16 project and which project has qualified for an 17 affordable housing waiver or deferral. The 18 resolution adopted by the Board shall state 19 such findings and authorize the payment, in 20 whole or in part, of the Correctional 21 Facilities Impact Fee. 22 F. The Correctional Facilities Impact Fee collected 23 pursuant to this Ordinance shall be returned to the then 24 current Owner of the property for which such fee was paid if 25 such fees have not been expended or encumbered prior to the 26 end of the fiscal year immediately following the sixth 27 anniversary of the date upon which such fee was paid. 28 Refunds shall be made only in accordance with the following 29 procedure: 30 (1) The then current Owner shall petition the Board 31 for the refund prior to the end of the fiscal year 32 immediately following the sixth anniversary of the date of 33 the payment of the Correctional Facilities Impact Fee. 34 (2) The petition for refund shall be submitted to the 35 County Manager, and shall contain: a AGENDA ITEM 12 JUN 2 2 1999 _ - _ _j4 I (a) A notarized sworn statement that the 2 petitioner is the then current Owner of the property 3 for which the Impact Fee was paid; 4 (b) A copy of the dated receipt issued for 5 payment of such fee or such other record as would 6 indicate payment of such fee; 7 (c) A certified copy of the latest recorded 8 deed; and 9 (d) A copy of the most recent ad valorem tax 10 bill. 11 (3) Within three (3) months from the date of receipt 12 of a petition for refund, the County Manager will advise 13 the petitioner and the Board of the status of the Impact 14 Fee requested for refund, and if such Impact Fee has not 15 been expended or encumbered within its applicable time 16 period, then it shall be returned to the petitioner. For 17 the purposes of this Section, fees collected shall be 18 deemed to be spent or encumbered on the basis of the first 19 fee in shall be the first fee out. 20 G. Any Owner entitled to a refund who fails to file a 21 timely petition for a refund upon becoming eligible to do so 22 shall be deemed to have waived any claim for a refund, and the 23 County shall be entitled to retain and apply the Impact Fees 24 for growth necessitated capital improvements and additions to 25 the Correctional Facilities System. 26 Section 2.04. Alternative Fee Calculation. 27 A. In the event an Applicant believes that the impact to 28 Correctional Facilities System resulting from his Correctional 29 Facilities Impact Construction is less than the fee established 30 in Section 2.01, such Applicant may, prior to issuance of a 31 Building Permit for such Correctional Facilities Impact 32 Construction, submit a calculation of an Alternative 33 Correctional Facilities Impact Fee to the office of the County 34 Manager pursuant to the provisions of this Section. Upon 35 receipt of the Alternative Correctional Facilities Impact Fee, AGENDA ITEM 36 the County Manager shall schedule a hearing before the Boa d atNO. 12"- - 13 JUN 212 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 a regularly scheduled meeting or a special meeting called for the purpose of reviewing the Alternative Correctional Facilities Impact Fee and shall provide the Applicant written notice of the time and place of the hearing. Such hearing shall be held within thirty (30) days of the date the Alternative Correctional Facilities Impact Fee was submitted. B. The Alternative Correctional Facilities Impact Fee calculations shall be based on data, information or assumptions contained in this Ordinance and the Impact Fee Study or an independent source, provided that the independent source is a local study supported by a data base adequate for the conclusions contained in such study performed pursuant to a generally accepted methodology ' and based upon generally accepted standard sources of information relating to facilities planning, cost analysis and demographics. C. If a previously approved Correctional Facilities Impact Construction project submitted, during its approval process, an Alternative Correctional Facility Impact Study substantially consistent with the criteria required by this Section, and if such study is determined by the Board to be current, the Correctional Facilities System impact of such previously approved Correctional Facilities Impact Construction shall be presumed to be as described in the prior study. In such circumstances, an Alternative Correctional Facilities Impact Fee shall be established reflecting the impact described in the prior study. There shall be a rebuttable presumption that an Alternative Correctional Facility Impact Study conducted more than two years earlier is invalid. D. If the Board determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Correctional Facilities Impact Fee complies with the requirements of this Section and that the Alternative Correctional Facilities Impact Fee was calculated by the use of a generally accepted methodology, the Alternative Correctional Facilities Impact Fee shall be paid in lieu of the fee FN AGENDA ITEM o. 122- e- c y) forth in Section 2.01. JUN 2 2 1999 14 d .p 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 E. If the Board determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Correctional Facilities Impact Fee does not comply with the requirements of this Section or that the Alternative Correctional Facilities Impact Fee was not calculated by a generally accepted methodology, then the County shall provide to the Applicant by certified mail, return receipt requested, written notification of the rejection of the Alternative Correctional Facilities Impact Fee and the reason therefor. F. The decision of the Board shall be in writing and issued within ten (10) working days of the review. G. Any Applicant or Owner who has submitted a proposed Alternative Correctional Facilities Impact Fee pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to or at the time the request for hearing is filed the applicable Correctional Facilities Impact Fee pursuant to Section 2.01. Said payment shall be deemed paid under "Protest" and shall not be construed as a waiver of any right of review. Any difference between the amount paid and the amount due, as determined by the Board, shall be refunded to the Applicant or Owner. ARTICLE III MISCELLANEOUS PROVISIONS Section 3.01. Exemptions. A. The following shall be exempted from payment of the Impact Fees: 1. Alterations or replacement of a Dwelling Unit or Building with a new Dwelling Unit or Building of the same size or use and which will not increase the square footage associated therewith. 2. The construction of publicly owned Residential housing. 3. The issuance of a tie -down permit on a Mobile Home on which applicable Correctional Facilities Impact Fees have previously been paid. Section 3.02. Changes of Size and Use. 15 AGENDA ITEM, No. f 2- c (_ 4) JUN 2 2 1999 Pg. 17 I Impact Fees shall be imposed and calculated for the 2 alteration, expansion or replacement of a Building or Dwelling 3 Unit or the construction of an Accessory Building if the 4 alteration, expansion or replacement of the Building or 5 Dwelling Unit or the construction of an Accessory Building 6 results in a land use determined to: (1) increase the number of 7 Dwelling Units; (2) increase the square footage; or (3) change 8 the land use so as to constitute a different Impact Fee land 9 use category. The Impact Fee imposed under the applicable 10 Impact Fee Rate shall be calculated as follows: 11 a. If the Impact Fees are calculated on land use and 12 not square footage, the Impact Fees imposed shall be the 13 impact Fees due under the applicable Impact Fee Rate for 14 the Impact Fee land use category resulting from the 15 alteration, expansion or replacement less the Impact 16 Fee that would be imposed under the applicable Impact Fee 17 Rate for the Impact Fee land use category prior to the 18 alteration, expansion or replacement. 19 b. In the event the square footage of a Building is 20 increased, the Impact Fee shall be calculated only for that 21 increased square footage. 22 C. The Impact Fee imposed for any Accessory 23 Buildings shall be that applicable under the Impact Fee 24 Rate for the land use for the primary building. 25 Section 3.03. Vested Rights. 26 A. Any Owner of land which was the subject of a 27 development order prior to the effective date of this Ordinance 28 may petition the Board for a Vested Rights determination which 29 would exempt the landowner from the provisions of this 30 Ordinance. Such petition shall be evaluated by the County 31 Attorney and a decision made based on the following criteria: 32 1. The existence of a valid, unexpired governmental 33 act of the County authorizing the specific development for 34 which a determination is sought; 35 2. Expenditures or obligations made or incurred inAGENDA ITEM No. /A C 14 36 reliance upon the authorizing governmental act thal are J U N 2 2 1999 16 Pg. �' I reasonably equivalent to the fees required by this 2 Ordinance; 3 3. Other factors that demonstrate it is inequitable 4 to deny the Petitioner the opportunity to complete the 5 previously approved development under the conditions of 6 approval by requiring the Petitioners to comply with the 7 requirements of this Ordinance. For the purposes of this 8 paragraph, the following factors shall be considered in 9 determining whether it is inequitable to deny the 10 Petitioner the opportunity to complete the previously 11 approved development: 12 (a) Whether the injury suffered by the 13 Petitioner outweighs the public cost of allowing the 14 development to go forward without payment of the 15 Impact Fee required by this Ordinance; and 16 (b) Whether the expenses or obligations for the 17 development were made or incurred subsequent to the 18 effective date of this Ordinance. 19 B. The County Attorney shall make a written determination 20 as to whether the Owner has established a vested right in the 21 Correctional Facilities Impact Construction and, if so, whether 22 the development would exempt the Owner from the provisions of 23 this Ordinance. 24 C. Any Owner aggrieved by a decision of the County 25 Attorney pursuant to this Section may request a review hearing 26 on such decision pursuant to Section 3.07. 27 Section 3.04. Affordable Housing. 28 A. Pursuant to the guidelines established in this 29 Section, the County shall (1) waive or (2) defer, as 30 applicable, the payment of the Impact Fee for any new 31 owner - occupied or rental Correctional Facilities Impact 32 Construction which qualifies as Affordable Housing under 33 Appendix B of this Ordinance. 34 (1) Any person seeking an Affordable Housing waiver 35 or deferral for proposed Correctional Facilities I pactAGENDAITEM 36 Construction shall file with the County Manage aMO• 17 JUN 2 2 1999 M i Application for waiver or deferral, prior to receiving a 2 Building Permit for the proposed Correctional Facilities 3 Impact Construction. The Application for waiver or 4 deferral shall contain the following: 5 (a) The name and address of the Owner; 6 (b) The legal description of the Residential 7 property upon which the Correctional Facilities Impact 8 Construction shall be constructed; 9 (c) The income level of the Owner or if the 10 Owner is a builder, the income level of the household 11 to which the Dwelling Unit will be sold or rented; 12 (d) The number of bedrooms in each Dwelling 13 Unit of the Correctional Facilities Impact 14 Construction. 15 (2) If the proposed Correctional Facilities Impact 16 Construction meets the requirements for an Affordable 17 Housing waiver or deferral as set forth in this Section, 18 then the County Manager shall issue an Impact Fee waiver or 19 deferral, as applicable, to the Owner or Applicant. The 20 Impact Fee waiver or deferral shall be presented in lieu of 21 payment of the Impact Fee pursuant to Section 2.02. 22 B. To qualify for an Impact Fee waiver or deferral, an 23 owner - occupied Dwelling Unit must meet all of the following 24 criteria: 25 26 27 28 29 30 31 32 33 34 (1) The Owner(s) or anticipated Owner(s) of the Dwelling Unit must have a very low, low, or moderate income level, at the time of issuance of the Impact Fee waiver or deferral, as those terms are defined in Appendix B, and the monthly payment to purchase the unit must be within the Affordable Housing guidelines established in Appendix B. A Dwelling Unit shall qualify as owner- occupied if a lease - purchase agreement is in effect at the date of issuance of the Impact Fee waiver or deferral or within thirty (30) days thereof, and within twenty -four (24) 35 months from the date of issuance of the certifica a of AGENDA ITEM 36 occupancy or the execution of the lease- purchase agre ent!'O. 12- a (-14) 1s JUN 2 2 1999 Pg. �v I whichever is later, the option to purchase is exercised and 2 the purchaser takes ownership of the Dwelling Unit. If the 3 purchaser fails to purchase the Dwelling Unit within the 4 twenty -four (24) month period, then the waived or deferred 5 Impact Fee must be immediately repaid unless the Dwelling 6 Unit is sold to another qualifying Owner. 7 (2) The Owner, or if there is more than one Owner, 8 one of the Owners, must be a first -time home buyer. To 9 qualify as a first -time home buyer, the Owner must not have 10 had an ownership interest in his /her primary residence in 11 the past three (3) years. 12 (3) The Dwelling Unit must be the homestead of the 13 Owner(s). 14 (4) The Dwelling Unit must remain Affordable Housing 15 for fifteen (15) years from the date a certificate of 16 occupancy is issued for the Dwelling Unit, unless the 17 Impact Fee is repaid to the County. 18 C. To qualify for an Impact Fee deferral, a Dwelling 19 Unit offered for rent must meet all of the following criteria: 20 (1) The household renting the Dwelling Unit must 21 have a very low or low income level, at the commencement of 22 the leasehold and during the duration thereof, as those 23 terms are defined in Appendix B and the amount of rent must 24 be within the Affordable Housing guidelines established in 25 Appendix B. 26 (2) The Dwelling Unit must be the household's 27 permanent residence. 28 D. All Impact Fees deferred for owner - occupied Dwelling 29 Units at the time the Building Permit was issued shall become 30 due and payable and shall be immediately repaid to the County 31 upon the sale of the Dwelling Unit to a non - qualified 32 purchaser; provided, however, if the Impact Fee deferral was 33 paid with State Housing Initiatives Partnership [SHIP] Program 34 funds, repayment will be made to the Collier County affordable 35 housing trust fund. For purposes of this Section 3. 4, aAGENDAITEM No, i t 'Lq) 36 non - qualified purchaser is a Person who does not satisf the JUN 22 1999 19 i 7. I Affordable Housing criteria set forth in subsection B above or 2 a Person who does not agree to the terms of the waiver or 3 deferral of impact fees agreement. 4 E. The Impact Fees deferred for rental Dwelling Units at 5 the time the Building Permit was issued shall become due and 6 shall be immediately repaid to the County upon the 7 discontinuance of use of the Dwelling Unit as Affordable 8 Housing or fifteen (15) years from the date of issuance of the 9 certificate of occupancy, whichever occurs first. 10 F. Any Impact Fees waived for an owner - occupied Dwelling 11 Unit at the time a Building Permit was issued shall become due 12 and payable and shall be immediately repaid to the County if 13 the Dwelling Unit is sold or transferred to a non - qualified 14 purchaser during the fifteen (15) year period after the 15 certificate of occupancy is issued for the Dwelling Unit. If 16 the Impact Fee waiver was paid with State Housing Initiatives 17 Partnership [SHIP] Program funds, repayment will be made to the 18 Collier County affordable housing trust fund. If the Dwelling 19 Unit is used as Affordable Housing in compliance with Section 20 3.04 of this Ordinance for fifteen (15) years after the date 21 the certificate of occupancy is issued for the Dwelling Unit, 22 the Impact Fees are no longer due and the lien on the Dwelling 23 Unit shall be released. 24 G. The percentage of the total Impact Fee which shall be 25 waived or deferred pursuant to this Section for an 26 owner - occupied or rental Affordable Housing Dwelling Unit shall 27 be the percentage set forth in Appendix B. The Impact Fees 28 waived or deferred shall be a lien on the property until all 29 requirements under this Section have been satisfied. 30 H. (1) Annually, the Owner of a rental Dwelling Unit 31 shall provide to the County Manager an affidavit of compliance 32 with the criteria set forth in this Section. An affidavit must 33 be filed within thirty (30) days of the anniversary date of the 34 issuance of a certificate of occupancy. If the income of any 35 unit renter which originally qualified as very low or ow AGENDA ITE, No. 12— c. C4 j - 36 income level as defined in Appendix B exceeds the Afford le J U N 2 2 1999 20 Pg. ;U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Housing benefit standards set forth in Appendix B by more than forty percent (40t), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Housing standards set forth in Appendix B. (2) If the household income of the qualified owner- occupied Dwelling Unit rises above the benefit standards for waivers and deferrals set forth in Appendix B, the Owner shall maintain the waiver and /or deferral. Notwithstanding the foregoing, all outstanding Impact Fees waived or deferred shall be repaid in full upon sale or transfer of the Dwelling Unit to a non - qualified purchaser, except for waived Impact Fees where the Owner has complied with the Affordable Housing criteria set forth in Section 3.04 for fifteen (15) years after issuance of the certificate of occupancy. I. The Owner receiving an Impact Fee waiver or deferral shall enter into an impact fee agreement with the County which agreement shall provide for, at a minimum, the following and shall further include such provisions deemed necessary by the Board to effectuate the provisions of this Section: (1) The legal description of the Dwelling Unit. (2) where an Impact Fee waiver or deferral is given to an Owner who will be selling or renting the Dwelling Unit to a subsequent purchaser or renter, the Correctional Facilities Impact Construction must be sold or rented to households meeting the criteria set forth in this Section in order to maintain the waiver or deferral. Impact Fee waivers or deferrals paid for with State Housing Initiatives Partnership [SHIP) Program funds will only be granted directly to buyers meeting Appendix B qualifications and approval prior to Building Permit issuance. A Dwelling Unit shall qualify as owner- occupied if a lease - purchase agreement is in effect at the date of issuance of the Impact Fee waiver or deferral or within thirty days thereof, and within twenty -four (24) mo from the date of issuance of the certificate of occup cy AGENDA ITEM No. %Z- C- C.4 21 JUN 2 2 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 or the execution of the lease - purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit. If the purchaser fails to purchase the Dwelling Unit within the twenty -four (24) month period, then the waived or deferred Impact Fee must be repaid immediately unless the Dwelling Unit is sold to another qualifying Owner. (3) For owner - occupied Dwelling Units, the amount of Impact Fees deferred shall be repaid to the County upon the sale or transfer to a non - qualified purchaser. If Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County Affordable Housing Trust Fund. For rental units, the Impact Fees deferred shall be repaid upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen (15) years from the issuance of a certificate of occupancy, whichever occurs first. (4) For owner - occupied Dwelling Units where Impact Fees have been waived, the Dwelling Unit must be utilized by the original qualifying Owner, or subsequent qualifying purchaser, as Affordable Housing in compliance with Section 3.04 of this Ordinance for a fifteen (15) year period after the certificate of occupancy is issued and if the Dwelling Unit is sold to a non - qualifying purchaser, the Impact Fees shall be repaid to the County. If Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. (5) The deferred and /or waived Impact Fees shall be a lien on the property which lien may be foreclosed upon in the event of non - compliance with the requirements of the agreement. The agreement described herein shall operate as a lien against the Dwelling Unit. The lien shall terminate upon the recording of a release or satisfaction of lien in 35 the public records of Collier County. In the case o a AGENDA ITEM 36 waiver, such release or satisfaction shall be filed fift en NO._ %L CL Cy) JUN 2 2 1999 22 pg. N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 years after the issuance of the certificate of occupancy provided Owner acted in compliance with the agreement or upon repayment. In the case of a deferral, such release shall be recorded upon repayment. (6) Annually, the Owner of a rental Dwelling Unit shall provide to the County Manager an affidavit of compliance with the criteria set forth in this Section. An affidavit must be filed within thirty (30) days of the anniversary date of the issuance of a certificate of occupancy. If the income of any unit renter which originally qualified as very low or low income level as defined in Appendix B exceeds the Affordable Housing benefit standards set forth in Appendix B by more than forty percent (40%-), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Housing standards set forth in Appendix B. (7) Upon satisfactory completion of the agreement requirements, the County shall record any necessary documentation evidencing same, including, but not limited to, a release of lien. (8) In the event the Owner is in default under this agreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner, the Board may bring a civil action to enforce the agreement. The Board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. (9) The agreement shall be binding upon the Owner's successors and assigns. (10) The agreement shall be recorded in the Of J,31 AGENDA ITEM Records of Collier County. P1O. 12-a (y) J U N 2 2 1999 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 J. The amount of Impact Fee waivers and deferrals granted pursuant to this Section shall be limited, in total, to the amount appropriated by the Board at its final public hearing regarding the adoption of the annual County budget and the amount allocated to Impact Fee waivers or deferrals in the Collier County Housing Assistance Plan, as established by County Ordinance No. 93 -19. All Impact Fees waived or deferred shall be paid by the Board into the appropriate Correctional Facilities Impact Fee Trust Account within six (6) years from the date of the award of a waiver and /or deferral as provided herein, but in no event, later than that time when that amount is needed for a project funded by those Impact Fees waived or deferred. The Board shall pay into the appropriate Correctional Facilities Impact Fee Trust Account such amounts equal to any Impact Fees previously waived or deferred by the Board, within six (6) years from the date of such waiver, or deferral, but in no event, later than the time such amounts are needed for a project funded by those Impact Fees waived or deferred. Waivers and deferrals shall be issued in the order that completed qualifying applications are received by the County Manager. At least forty percent (40 %) of the amount budgeted for Impact Fee waivers and /or deferrals must be utilized to fund Impact Fee waivers and /or deferrals for single family owner- occupied Dwelling Units serving the very low and low income levels. K. Any changes or amendments to Appendix B or the minimum funding requirements adopted in this Section must occur as an ordinance amendment at a public hearing of the Board of County Commissioners occurring after 5:00 p.m. L. No Affordable Housing waiver or deferral shall be granted for a Correctional Facilities Impact Construction project which consists of a Mobile Home. M. Notwithstanding any provisions elsewhere in this Ordinance to the contrary, any Owner that develops an Affordable Housing rental apartment complex consisting in hole or part of Dwelling Units serving very low and /or low i com� 24 AGENDA ITEM 10. iz. C_ C4) JUN 2 2 1999 Pg. 014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 levels and meeting all requirements, and subject to all conditions, of Section 3.04 shall be entitled to defer one hundred percent (100 %) of the Impact Fees applicable only to such rental Dwelling Units serving very low and /or low income levels if: (i) all such deferred Impact Fees are paid on or before the end of six (6) years from the date such Impact Fees are deferred; and (ii) the rental apartment development shall remain Affordable Housing qualified (under Section 3.04 of this Ordinance) for a minimum of 15 years. N. The Board, in its discretion, may agree by Resolution to subordinate its lien for Impact Fees to a primary lender and /or government funded affordable housing loan such as SAIL or HOME loan if Owner can demonstrate that a subordination is necessary to obtain financing and, in the case of rental Dwelling Units, if the Owner provides additional security satisfactory to the County such as additional or substitute collateral in the form of cash or cash equivalent financial instruments which will yield the full amount of the deferred impact fees at the expiration of the period of the deferral. Section 3.05. Alternative Collection Method. In the event the Correctional Facilities Impact Fee are not paid prior to the issuance of a Building Permit for the affected Correctional Facilities Impact Construction, the County shall proceed to collect the Correctional Facilities Impact Fee as follows: A. The County shall serve, by certified mail, return receipt requested, a "Notice of Impact Fee Statement" upon the Applicant at the address set forth in the application for Building Permit, and the Owner at the address appearing on the most recent records maintained by the Property Appraiser of the County. The County shall also attach a copy of the "Notice of Impact Fee Statement" to the Building Permit posted at the affected Correctional Facilities Impact Construction site if the Building is under construction. Service shall be deemed 35 effective on the date the return receipt indicates the ticeAGENDA ITEM No. ! ).- c L Y) 36 was received by either the Applicant or the Owner or th date 25 JUN 2 2 1999 pg. 2 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 said notice was attached to the Building Permit, whichever occurs first. The "Notice of Impact Fee Statement" shall contain the legal description of the property and shall advise the Applicant and the Owner as follows: 1. The amount due and the general purpose for which the Correctional Facilities Impact Fee was imposed; 2. That a hearing pursuant to Section 3.07 may be requested within 30 calendar days from the effective date of service of the Notice of Impact Fee Statement, by making application to the Office of the County Manager. 3. That the Correctional Facilities Impact Fee shall be delinquent if not paid and received by the County within 30 calendar days of the effective date of service of the Notice of Impact Fee Statement, excluding the date of receipt or if a hearing is not requested pursuant to Section 3.07, and, upon becoming delinquent, shall be subject to the imposition of a delinquent fee and interest on the unpaid amount until paid; and 4. That in the event the Correctional Facilities Impact Fee become delinquent, a lien against the property for which the Building Permit was secured shall be recorded in the Official Records Book of the County. B. The Correctional Facilities Impact Fee shall be delinquent if, within 30 calendar days from the effective date of service of the Notice of Impact Fee Statement, neither the Impact Fees have been paid and received by the County, nor a hearing is requested pursuant to Section 3.07. In the event a hearing is requested pursuant to Section 3.07, the Impact Fees shall become delinquent if not paid within 30 days from the date the Board determines the amount of Impact Fees due upon the conclusion of such hearing. All time periods contained within this Ordinance shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the effective date of service of the Notice of Impact Fee Statement, or the date of the Board's decision in the eve it ofAGENDAITEM an appeal. In the event the due date falls on a Sund Ly 0Y0. �- C- CZV 26 JUN 2 2 1999 pg. �. I legal holiday, the last due date prior to becoming delinquent, 2 shall be the next business day. Upon becoming delinquent, a 3 delinquency fee equal to 10% of the total Impact Fee imposed 4 shall be assessed. Such total Impact Fee, plus delinquency 5 fee, shall bear interest at the statutory rate for final 6 judgments calculated on a calendar day basis, until paid. 7 C. Should the Correctional Facilities Impact Fee become 8 delinquent as set forth in Subsection B, the County shall 9 serve, by certified mail return receipt requested, a "Notice of 10 Lien" upon the delinquent Applicant, if the Building is under 11 construction at the address indicated in the application for 12 the Building Permit, and upon the delinquent Owner at the 13 address appearing on the most recent records maintained by the 14 Property Appraiser of the County. The Notice of Lien shall 15 notify the delinquent Applicant and delinquent Owner that due 16 to their failure to pay the Correctional Facilities Impact Fee, 17 the County shall file a Claim of Lien with the Clerk of the 18 Circuit Court. 19 D. Upon the mailing of the Notice of Lien, the County 20 Attorney shall file a Claim of Lien with the Clerk of the 21 Circuit Court for recording in the Official Records of the 22 County. The Claim of Lien shall contain the legal description 23 of the property, the amount of the delinquent Impact Fee and 24 the date of its imposition. Once recorded, the Claim of Lien 25 shall constitute a lien against the property described therein. 26 The County Attorney shall proceed expeditiously to collect, 27 foreclose or otherwise enforce said lien. 28 E. After the expiration of one year from the date of 29 recording of the Claim of Lien, as provided herein, a suit may 30 be filed to foreclose said lien. Such foreclosure proceedings 31 shall be instituted, conducted and enforced in conformity with 32 the procedures for the foreclosure of municipal special 33 assessment liens, as set forth in Chapter 173, Florida 34 Statutes, which provisions are hereby incorporated herein in 35 their entirety to the same extent as if such provisions wereAGENDA ITEM _ No. I yC. C �) 36 set forth herein verbatim. JUN 22 1999 27 Pg. `I I F. The liens for delinquent Impact Fees imposed hereunder 2 shall remain liens, coequal with the lien of all state, county, 3 district and municipal taxes, superior in dignity to all other 4 filed liens and claims, until paid as provided herein. 5 G. The collection and enforcement procedures set forth in 6 the Section shall be cumulative with, supplemental to and in 7 addition to, all other applicable procedures provided in any 8 other ordinances or administrative regulations of the County or 9 any applicable law or administrative regulation of the State of 10 Florida. Failure of the County to follow the procedure set 11 forth in this Section shall not constitute a waiver of its 12 rights to proceed under any other ordinances or administrative 13 regulations of the County or any applicable law or 14 administrative regulation of the State of Florida. 15 Section 3.06. Developer Contribution Credit. 16 A. The County shall grant a credit against the 17 Correctional Facilities Impact Fee imposed pursuant to Section 18 2.01, for the construction of any building facilities or 19 improvements and additions thereto made to the Correctional 20 Facilities System required pursuant to a development order or 21 made voluntarily in connection with Correctional Facilities 22 Impact Construction. Such construction shall be subject to the 23 approval of the Board and shall be an integral part of and a 24 necessary accommodation to an existing or contemplated 25 Correctional Facilities System. 26 B. The amount of Developer Contribution Credit to be 27 applied shall be determined at the time that the Correctional 28 Facilities Impact Fee is paid according to the following 29 standards of valuation: The cost of anticipated construction 30 to the Correctional Facilities System shall be based upon 31 professional opinions of probable cost certified by a 32 professional architect or engineer. 33 C. Prior to issuance of a building permit, the Applicant 34 shall submit to the County Manager a proposed plan and est' ate AGENDA ITEM 35 of costs for contributions to the Correctional Facil' ies No. IL-C (4) 36 System. The proposed plan and estimate shall include: JUN 2 2 1999 j 28 pg. :7v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1. A designation of the Correctional Facilities Impact Construction for which the proposed plan is being submitted; 2. A list of the contemplated Correctional Facilities' System improvements contained within the plan; 3. An estimate of proposed construction costs certified by a professional architect or engineer; and 4. A proposed time schedule for completion of the proposed plan. D. Upon receipt of the proposed plan, the County Manager shall schedule a hearing before the Board at a regularly scheduled meeting or a special meeting called for the purpose of reviewing the proposed plan and shall provide the Applicant or Owner written notice of the time and place of the hearing. Such hearing shall be held within thirty (30) days of the date the proposed plan was submitted. E. The Board shall determine: 1. If such proposed plan of construction is in conformity with contemplated Correctional Facilities additions to the Correctional Facilities System; 2. If the proposed plan is consistent with the public interest; and 3. If the proposed construction time schedule for the completion of the plan is consistent with the County's capital improvement program for the Correctional Facilities System. The decision of the Board as to whether to accept the proposed plan of construction shall be in writing and issued within ten (10) working days of the review. A copy shall be provided to the Applicant. Upon approval of a proposed plan of construction, the Board shall determine the amount of construction c 29 dit AGENDA ITEM No. /u' -&q) JUN 2 2 1999 I based upon the above standards of valuation and shall 2 approve the timetable for completion of construction. 3 F. All construction cost estimates shall be based upon, 4 and all construction plans and specifications shall be in 5 conformity with the correctional facilities construction 6 standards of the County. All plans and specifications shall be 7 approved by the County Manager prior to commencement of 8 construction. 9 G. Any Developer Contribution Credit granted from the 10 Correctional Facilities Impact Fee shall only be for those 11 donations or contributions made to a Correctional Facilities 12 System. 13 H. Any Applicant who submits a proposed plan pursuant to 14 this Section and desires the immediate issuance of a Building 15 Permit shall pay prior to or at the time the request for 16 hearing is filed the applicable Correctional Facilities Impact 17 Fee. Said payment shall be deemed paid under "Protest" and 18 shall not be construed as a waiver of any review rights. Any 19 difference between the amount paid and the amount due, as 20 determined by the Board, shall be refunded to the Applicant or 21 Owner. 22 I. In the event the amount of developer contribution 23 determined to be applicable by the Board pursuant to an 24 approved plan of construction exceeds the total amount of 25 Impact Fees due by the Applicant based upon the contemplated 26 improvements to the Correctional Facilities System proposed by 27 the Applicant, the County shall execute with the Applicant an 28 agreement for future reimbursement of the excess of such 29 contribution credit from future receipts by the County of 30 Correctional Facilities Impact Fees. Such agreement of 31 reimbursement shall not be for a period in excess of five years 32 from the date of completion of the approved plan of 33 construction and shall provide for a forfeiture of any 34 remaining reimbursement balance at the end of such five year 35 period. AGENDA ITEM No. G Lg) 36 JUN 2 2 1999 30 pg. :��t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 3.07. Review Hearings. A. An Applicant or Owner who is required to pay a Correctional Facilities Impact Fee, shall have the right to request a review hearing. B. Such hearing shall be limited to the review of the following: 1. The application of the Correctional Facilities Impact Construction pursuant to Section 2.01. 2. A Vested Rights determination under Section 3.03. 3. The denial of an Affordable Waiver or Authorization for Deferral pursuant to Section 3.04. C. Such hearing shall be requested by the Applicant or Owner within thirty (30) days of the date of first receipt of the following: 1. Notice of Impact Fee Statement; 2. A Vested Rights determination; 3. The denial of an Affordable Housing Waiver or Authorization for Deferral. Failure to request a hearing within the time provided shall be deemed a waiver of such right. D. The request for hearing shall be filed with the Office of County Manager and shall contain the following: 1. The name and address of the Applicant or Owner; 2. The legal description of the property in question; 3. If issued, the date the Building Permit was issued; 4. A brief description of the nature of the construction being undertaken pursuant to the Building Permit; 5. If paid, the date the Correctional Facilities Impact Fee was paid; and 6. A statement of the reasons why the Applicant or Owner is requesting the hearing. I AGENDA ITEM No. .1-C (. y) 31 JUN 2 2 1999 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 E. Upon receipt of such request, the County Manager shall schedule a hearing before the Board at the regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the Applicant or Owner written notice of the time and place of the hearing. Such hearing shall be held within forty -five (45) days of the date the request for hearing was filed. F. Such hearing shall be before the Board and shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. G. Any Applicant or Owner who requests a hearing pursuant to this Section and desires the immediate issuance of a Building Permit, or if a Building permit has been issued without the payment of the Correctional Facilities Impact Fee, shall pay prior to or at the time the request for hearing is filed the applicable Impact Fees pursuant to Sections 2.01. Said payment shall be deemed paid under "Protest" and shall not be construed as a waiver of any review rights. H. An Applicant or Owner may request a hearing under this Section without paying the applicable Impact Fee but no Building Permit shall be issued until such Impact Fees are paid in the amount initially calculated or the amount approved upon completion of the review provided in this Section. Section 3.08. Review Requirement. A. This Ordinance and the Impact Fee Study shall be reviewed by the Board initially in connection with its approval of the capital improvements element of its Comprehensive Plan as required by Section 163.3177, Florida Statutes. Thereafter, this Ordinance and the Impact Fee Study shall be reviewed at least every three years. The initial and each review AGENDA ITEM consider new estimates of population and other socioec omiNo. data; changes in construction, land acquisition and related JUN 2 2 1999 32 P9. 3-1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 costs and adjustments to the assumptions, conclusions or findings set forth in the study adopted by Section 1.04. The purpose of this review is to evaluate and revise, if necessary, the Correctional Facilities Impact Fee to assure that they do not exceed the reasonably anticipated costs associated with the improvements and additions necessary to offset the demand generated by the Correctional Facilities Impact Construction on the Correctional Facilities System. In the event the review of the Ordinance required by this Section alters or changes the assumptions, conclusions and findings of the study adopted by reference in Section 1.04, revises or changes the Correctional Facilities System or alters or changes the amount of Impact Fees, the study adopted by reference in Section 1.04 shall be amended and updated to reflect the assumptions, conclusions and findings of such reviews and Section 1.04 shall be amended to adopt by reference such updated studies. B. Simultaneous with the review of the Impact Fee Study required in Subsection A of this Section, the Board shall review the capital improvements element of the availability and adequacy of revenue sources to construct improvements and additions to the Correctional Facilities System determined in the Impact Fee Study to be required to accommodate existing development. Section 3.09. Declaration of Exclusion from Administrative Procedures Act. Nothing contained in this Ordinance shall be construed or interpreted to include the County or any municipality in the County in the definition of Agency contained in Section 120.52, Florida Statutes, or to otherwise subject the county or any municipality in the County to the application of the Administrative Procedures Act, Chapter 120, Florida Statutes. This declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this Ordinance including specifically, but not limited to, consideration of a petition for Vested Rights determination under section 3.03 AGENDA ITEM determination of entitlement to an Impact Fee Waiver or NO. 33 JUN 2 2 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Authorization for Deferral pursuant to Section 3.04, and a review hearing under Section 3.07. Section 3.10. Inclusion in Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. Section 3.11. Severability. If any clause, section or provision of this Ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Ordinance shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. In the event it is held or construed by any court of competent jurisdiction that the County does not possess the power or authority to impose the Correctional Facilities Impact Fee within municipal areas or that the imposition of the Impact Fees within municipal areas is declared invalid or unconstitutional for any purpose, such declaration of unconstitutionality or invalidity shall not affect the validity or constitutionality of the imposition of the Correctional Facilities Impact Fee in the unincorporated area of the County and it is the intent of the County, in such event, that such imposition of Impact Fees in the unincorporated areas remain valid and in force. 34 AGENDA ITEM No. /2-C Cg) JUN 2 2 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Section 3.12. Effective Date. This Ordinance shall be effective upon filing with the Department of State. DULY ADOPTED in regular session, this day of 1999. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk (SEAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, Chairwoman Approved as to form and legal sufficigncy:, Heidi F. Ashton Assistant County Attorney h:public /hg /hfa /ord99/ 4 -30 -99 Correctional Fac. Impact Fee Ord 35 AGENDA ITEM No. i y.C.0 q JUN 2 z 1999 r., 27 Option 1. CORRECTIONAL FACILITIES IMPACT FEE Land Use Correctional Facilities Impact Fee Per Dwelling Unit or Square Foot Residential: Single Family 159.50 per dwelling unit Multi - Family 102.03 per dwelling unit Mobile Home 15.40 per dwelling unit Non - Residential: Lodging: Hotel /Motel 0.2340 per square foot Nursing Home/Inst 0.0390 per square foot Misc. Residential 0.3237 per square foot Medical: Hospital 0.4914 per square foot Commercial: Office 1.3260 per square foot Retail 1.0920 per square foot Rest. /Bar /Lounge 1.7043 per square foot Industrial /Manuf. 0.0312 per square foot Leisure/Outdoor 0.5616 per square foot Other Misc. 1.4664 per square foot Institutions: Church 0.1 170 per square foot School /College 0.1599 per square foot Govt. /Public Bldgs 1 0.6708 per square foot 36 AGENDA ITEM No. /zc -(-q) JUN 22 1999 Pg. 2.- The following set forth the applicable definitions and benefit standards for Affordable Housing Dwelling Units for the purpose of determining eligibility for Impact Fee waivers and deferrals (herein referred to as "benefits "). DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS a) Very low income families means those families whose incomes do not exceed fifty percent (50 %) of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). b) Low income families means those families whose incomes are more than fifty percent (50 %) and do not exceed sixty percent (60 %) of the area median income as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). C) Moderate income families means those families whose incomes are more than sixty percent (60 %) and do not exceed eighty percent (80 %) of the area median income as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). For a Dwelling Unit to be determined to be affordable, the monthly rent or monthly mortgage payment, including property taxes and insurance shall not be in excess of thirty percent (30 %) of the families household income. In no instance will rental limits exceed the rental limits established by the Florida Housing Finance Agency for rents adjusted to bedroom size in projects assisted under the SAIL Loan Program or the Low Income Housing Tax Credit Program based on unit size. BENEFIT STANDARDS a) Affordable Housing owner - occupied Dwelling Units which exclusively serve very low income families and which are the owner's homestead shall have one hundred percent (100 %) of the applicable Impact Fee waived pursuant to the terms of the Impact Fee Ordinance. b) Affordable Housing rental Dwelling Units which exclusively serve very low income families shall have one hundred percent (100 %) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. c) Affordable Housing owner- occupied Dwelling Units which exclusively serve low- income families and which are the owner's homestead shall have fifty percent (50 %) of the applicable Impact Fees waived and have fifty percent (50 %) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. d) Affordable Housing rental Dwelling Units which exclusively serve low income families shall pay fifty percent (50 %) of the applicable Impact Fee, and shall have fifty percent (50 %) of the applicable Impact Fee deferred, pursuant to the terms of the Impact Fee Ordinance. e) Affordable Housing owner- occupied Dwelling Units which exclusively serve moderate income families and which are the owner's homestead shall be required to pay twenty -five percent (25 %) of the applicable Impact Fee, and shall have seventy -five percent (75 %) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. AGENDA ITEM f) Correctional Facilities Impact Construction which meets the criteri set No 1y L,(- forth in Subsections b and c of Section 3.04 constructed by an Agency of Collier Cou y or JUN 2 2 1999 37 Pg•- �y by an Independent Governmental Agency pursuant to an interlocal agreement with Collier County and which construction is one hundred percent (100 %) government funded shall have one hundred percent (100 %) of the Impact Fees for that construction waived, pursuant to the terms of the Impact Fee Ordinance. NOTE: An Amendment to the Appendix shall require a public hearing of the Board of County Commissioners occurring after 5:00 p.m. 38 AGENDA ITEM No. /i-c. C-4) JUN 2 2 1999 pg. yO ...._ ........... . . . f 1 ORDINANCE NO. 99- 2 3 CORRECTIONAL FACILITIES IMPACT FEE ORDINANCE 4 5 AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY 6 CORRECTIONAL FACILITIES IMPACT FEE ORDINANCEI PROVIDING 7 DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS 8 ADOPTING A CERTAIN IMPACT FEE STUDYI DEFINING THE TERM 9 CORRECTIONAL FACILITIES IMPACT CONSTRUCTION/ PROVIDING 10 FOR THE PAYMENT AND COLLECTION OF CORRECTIONAL 11 FACILITIES IMPACT FEESI PROVIDING FOR THE USE OF 12 CORRECTIONAL FACILITIES IMPACT FEES COLLECTEDI 13 PROVIDING AN ALTERNATIVE METHOD OF CALCULATION OF 14 CORRECTIONAL FACILITIES IMPACT FEESI PROVIDING FOR 15 EXEMPTIONS IN CONNECTION WITH CORRECTIONAL FACILITIES 16 IMPACT FEESI PROVIDING FOR CHANGES IN SIZE AND USE OF A 17 BUILDING OR DWELLING UNIT/ PROVIDING FOR VESTED RIGHTSI 18 PROVIDING FOR AFFORDABLE HOUSING WAIVER AND DEFERRALS► 19 PROVIDING FOR CREDIT FOR DEVELOPER CONTRIBUTIONI 20 PROVIDING FOR REVIEW HEARINGSI REQUIRING REVIEW EVERY 21 THREE YEARS, DECLARATION OF EXCLUSION FROM 22 ADMINISTRATIVE PROCEDURES ACTT PROVIDING FOR INCLUSION 23 IN THE CODE OF LAWS AND ORDINANCESI PROVIDING FOR 24 SEVERABILITY/ PROVIDING AN EFFECTIVE DATE. 25 26 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 27 COLLIER COUNTY, FLORIDA: 28 ARTICLE I 29 GENERAL 30 Section 1.01. Definitions. 31 When used in this Ordinance, the following terms shall have 32 the following meanings, unless the context clearly indicates 33 otherwise: 34 35 36 37 38 39 40 41 42 43 44 45 "Accessory Building or Structure" shall mean a detached, subordinate structure, the use of which is clearly indicated and related to the use of the principal Building or use of the land and which is located on the same lot as the principal Building. "Affordable Housing" shall mean a. Dwelling Unit which is offered for sale or rent for an amount which is within the standards set forth and established in Appendix B of this Ordinance. "Alternative Correctional Facilities Impact Fee" shall mean any alternative fee calculated by the Applicant and approved bY4 GENDAITEM r ie' /LC Lq the Board pursuant to Section 2.04 or 3.07. - ..1 L' N 2 2 1999 f g. '// i "Alternative Correctional Facilities Impact Fee Study" 2 shall mean a study prepared by the Applicant and submitted to 3 the County Manager pursuant to Sections 2.04. 4 "Apartment" means a rental Dwelling Unit located within the 5 same Building as other Dwelling Units. 6 "Applicant" shall mean the Person who applies for a 7 Building Permit. 8 "Board" shall mean the Board of County Commissioners of 9 Collier County, Florida. 10 "Building" shall mean any structure, either temporary or 11 permanent, built for the support, shelter or enclosure of 12 Persons, chattels or property of any kind or any other 13 improvement, use or structure which creates or increases the 14 potential demand in the Correctional Facilities System. This 15 term shall include tents, trailers, mobile homes or any 16 vehicles serving in any way the function of a Building. This 17 term shall not include temporary construction sheds or trailers 18 erected to assist in construction and maintained during the 19 term of a Building Permit. 20 "Building Permit" shall mean an official document or 21 certificate issued by the authority having jurisdiction, 22 authorizing the construction or siting of any Building. For 23 purposes of this Ordinance, the term "Building Permit" shall 24 also include tie -down permits for those structures or 25 Buildings, such as a mobile home, that do not require a 26 Building Permit in order to be occupied. 27 "Condominium" means a single - family or time- sharing 28 ownership unit that has at least one other similar unit within 29 the same building structure. The term Condominium includes all 30 fee simple or titled multi -unit structures, including 31 townhouses and duplexes. 32 "Correctional Facilities Impact Construction" shall mean 33 land development construction designed or intended to permit a 34 use of land which will contain more Dwelling Units, Buildings 35 or floor space than the existing use of land or otherwis4GENDA ITEM J J N 2 2 1999 2 pg. `�;� I change the use of land that increases the impact upon the 2 Correctional Facilities System. 3 "Correctional Facilities System" shall mean the Buildings, 4 land, improvements, furniture and equipment provided by the 5 County that are primarily used for the detention and /or housing 6 of alleged criminals and /or convicted persons. 7 "Correctional Facilities Impact Fee" or "Impact Fee■ shall 8 mean the fee imposed by the County pursuant to Section 2.01 or, 9 if applicable, the Alternative Correctional Facilities Impact 10 Fee. 11 "County" shall mean Collier County, a political subdivision 12 of the State of Florida. 13 "County Attorney" shall mean the person appointed by the 14 Board of County Commissioners to serve as its counsel, or the 15 designee of such Person. 16 "County Manager" shall mean the chief administrative 17 officer of the County, appointed by the Board of County 18 Commissioners, or the designee of such Person. 19 "Dwelling Unit" shall mean a Building or portion of a 20 Building designed for or whose primary purpose is for 21 residential occupancy, and which consists of one or more rooms 22 which are arranged, designed or used as living quarters for one 23 or more persons. 24 "Encumbered" shall mean monies committed by contract or 25 purchase order in a manner that obligates the County to expend 26 the encumbered amount upon delivery of goods, the rendering of 27 services or the conveyance of real property provided by a 28 vendor, supplier, contractor or Owner. 29 "Impact Fee Study" shall mean the study adopted pursuant to 30 Section 1.04, as amended and supplemented pursuant to Section 31 3.08. 32 "Local Government Comprehensive Planning and Land 33 Development Regulation Act" means the provisions of Part II, 34 Chapter 163, Florida Statutes (1999), as amended AGENDA ITEM 35 supplemented, or its successor in function. JUN 2 2 1999 3 g _�_ 1 "Mobile Home" means manufactured homes, trailers, campers 2 or recreational vehicles. For the purpose of imposing impact 3 fees relative to Travel Trailers, which are otherwise herein 4 encompassed by the term "mobile home ", travel trailer lots or 5 spaces shall be classified in conformance with the definition 6 of use provided for in the County's zoning regulations and 7 Comprehensive Plan. 8 "Owner" shall mean the Person holding legal title to the 9 real property upon which Correctional Facilities Impact 10 Construction is to occur. 11 "Person" shall mean an individual, a corporation, a 12 partnership, an incorporated association, or any other similar 13 entity. 14 "Residential" means Apartments, Condominiums, Mobile Homes, 15 Single- Family Detached Houses or Assisted Living Facilities, as 16 that term is defined in Section 400.402, Florida Statutes. 17 "Single - Family Detached House" means a home on an 18 individual lot. 19 "Square Footage" shall mean the gross area measured in feet 20 from the exterior faces of exterior walls or other exterior 21 boundaries of the Building. 22 Section 1.02. Rules of Construction. For the purposes of 23 administration and enforcement of this Ordinance, unless 24 otherwise stated in this Ordinance, the following rules of 25 construction shall apply: 26 A. In case of any difference of meaning or implication 27 between the text of this Ordinance and any caption, 28 illustration, summary table, or illustrative table, the text 29 shall control. 30 B. The word "shall" is always mandatory and not 31 discretionary and the word "may" is permissive. 32 C. Words used in the present tense shall include the 33 future; words used in the singular shall include the plural and 34 the plural the singular, unless the context clearly indicate _ Y--AGENDA 35 the contrary; and use of the masculine gender shall include th No. LL C4 36 feminine gender. JUN 2 2 1999 4 c I D. The phrase "used for" includes "arranged for," 2 "designed for," "maintained for," or "occupied for." 3 E. Unless the context clearly indicated the contrary, 4 where a regulation involves two or more, items, conditions, 5 provisions, or events connected by the conjunction "and," "or" 6 or "either ... or ", the conjunction shall be interpreted as 7 follows: 8 1. "And" indicated that all the connected terms, 9 conditions, provisions or events shall apply. 10 2. "Or" indicates that the connected items, 11 conditions, provisions or events may apply 12 singly or in any combination. 13 3. "Either—or" indicates that the connected 14 items, conditions, provisions or events shall 15 apply singly but not in combination. 16 F. The word "includes" shall not limit a term to the 17 specific example but is intended to extend its meaning to all 18 other instances or circumstances or like kind or character. 19 Section 1.03. Findings. It is hereby ascertained, determined 20 and declared: 21 A. Future growth represented by Correctional Facilities 22 Impact Construction should contribute its fair share to the 23 cost of improvements and additions to the Correctional 24 Facilities System that are required to accommodate the use of 25 such facilities by growth. 26 B. Implementation of the Impact Fee. to require future 27 Correctional Facilities Impact Construction to contribute its 28 fair share of the cost of improvements and additions to the 29 Correctional Facilities System is an integral and vital element 30 of the regulatory plan of growth management. 31 C. The standard of service for the Correctional 32 Facilities System, as determined in the Impact Fee Study, is 33 hereby approved and adopted by the County. 34 D. Capital planning is an evolving process and the 35 standard of service for the Correctional Facilities System AGENDA ITEM NO. —CC-9 36 constitutes a projection of anticipated need for correctional JUN 2 2 1999 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 facilities, based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns and the dynamic nature of population growth, it is the intent of the Board that the standard of service for the Correctional Facilities System and the Impact Fee imposed be reviewed and adjusted periodically, pursuant to Section 3.08, to insure that the Correctional Facilities Impact Fees are imposed equitably and lawfully, based upon actual and anticipated growth at the time of their imposition. E. The imposition of the Correctional Facilities Impact Fee is to provide a source of revenue to fund the construction or improvement of the Correctional Facilities System necessitated by growth. F. The Board specifically finds that correctional facilities benefit all residents of the County and, therefore, the Correctional Facilities Impact Fee shall be imposed in all areas of the County, including both the unincorporated area and within municipal boundaries. G. This Ordinance shall not be construed to permit the collection of Impact Fees from Correctional Facilities Impact Construction in excess of the amount reasonably anticipated to offset the demand on the Correctional Facilities System generated by the Correctional Facilities Impact Construction occurring subsequent to the effective date of this Ordinance. H. All improvements and additions to the Correctional Facilities System needed to eliminate any deficiency between the existing Correctional Facilities System and the standard of service utilized in the Impact Fee Study adopted pursuant to Section 1.04 as amended and supplemented pursuant to Section 3.08, shall be funded by revenues other than Impact Fees. Therefore, the revenue derived from the Impact Fee shall be utilized only for the acquisition of improvements and additions to the Correctional Facilities System which are necessitated by Correctional Facilities Impact Construction occurring ° +AGENDA subsequent to the effective date of this Ordinance. ITE. N0._ G C�) JUN U 2 2 1999 6 pg. `f I- I I. It is hereby declared to be the policy of the Board 2 that the improvements and additions to the Correctional 3 Facilities System, required to accommodate future growth, shall 4 be funded entirely by the revenue derived from the Correctional 5 Facilities System Impact Fee. Therefore, no credit shall be 6 given for any tax revenue sources which may have been utilized 7 in prior years for the funding of Correctional Facilities 8 System improvements or additions. In the event that this 9 policy is altered by the subsequent action of the Board, or if 10 additional revenue is received and committed for growth 11 necessitated improvements and additions of the Correctional 12 Facilities System, the Impact Fee shall be adjusted at the 13 periodic review required pursuant to Section 3.08 and credit 14 shall be given for any tax revenue which has been utilized for 15 growth required improvements and additions to the Correctional 16 Facilities System. 17 Section 1.04. Adoption of Impact Fee Study and Comprehensive 18 Plan. The Board hereby adopts and incorporates by reference 19 the study entitled "Rate Study for Impact Fees for Correctional 20 Facilities for Collier County, Florida," dated April 26, 1999 21 and any amendments, updates or supplements thereto particularly 22 the assumptions, conclusions and findings in such study and its 23 amendments as to the determination of anticipated costs of 24 additions to the Correctional Facilities System required to 25 accommodate growth. 26 ARTICLE II 27 CORRECTIONAL FACILITIES IMPACT FEE 28 Section 2.01. Imposition. 29 A. All Correctional Facilities Impact Construction within 30 the County, both within the unincorporated areas and within the 31 boundaries of all municipalities, shall pay the Correctional 32 Facilities Impact Fee as set forth and established in Appendix 33 A. 34 B. The Board hereby adopts the Correctional Facilities 35 Impact Fee incorporated within Appendix A which shall be AGENDA ITEM No._ / L C i 7 .JUN 2 2 1999 k pg. Al 7 I imposed upon all Correctional Facilities System Impact 2 Construction occurring within the County. 3 C. The Correctional Facilities Impact Fee shall be paid 4 in addition to all other fees, charges and assessments due for 5 the issuance of a building permit and is intended to provide 6 funds only for growth necessitated improvements and additions 7 to the Correctional Facilities System. 8 Section 2.02. Payment. 9 A. Except as otherwise provided in this Ordinance, prior 10 to the issuance of a Building Permit for a Correctional 11 Facilities Impact Construction, an Applicant shall pay the 12 Correctional Facilities Impact Fee as set forth in Section 13 2.01. 14 B. If the Correctional Facilities Impact Construction is 15 located within the unincorporated area of the County, the 16 Correctional Facilities Impact Fee shall be paid directly to 17 the County. 18 C. If the Correctional Facilities Impact Construction is 19 located within a municipality, the Correctional Facilities 20 Impact Fee shall be paid as follows: 21 1. If the municipality has entered into an 22 interlocal agreement with the County providing for the 23 collection of the Correctional Facilities Impact Fee, such 24 Impact Fees shall be paid and collected in accordance with 25 the provisions of the interlocal agreement. 26 2. If the municipality has not entered into an 27 interlocal agreement with the County providing for the 28 collection of the Correctional Facilities Impact Fee, such 29 Impact Fees shall be paid directly to the County. 30 D. If the Correctional Facilities Impact Construction 31 is located within a municipality and the governing body of the 32 municipality has not agreed to require proof of payment of the 33 Correctional Facilities Impact Fee to the County prior to the 34 issuance of a Building Permit by the municipality or to require 35 additionally the payment of the Correctional Facilities Impact AGENDA ITEM 36 Fee as a condition of the issuance of a Building Permit by the No. i2-c LY) JUN 2 2 1999 8 pg. It'P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 municipality, the Impact Fees shall be collected as provided in Section 3.05. E. The obligation for payment of the Correctional Facilities Impact Fee shall run with the land. F. In the event that a Building Permit issued for a Correctional Facilities Impact Construction expires prior to completion of the Correctional Facilities Impact Construction for which it was issued, the Applicant may within ninety (90) days of the expiration of the Building Permit apply for a refund of the Correctional Facilities Impact Fee. Failure to timely apply for a refund of the Correctional Facilities Impact Fee shall waive any right to a refund. 1. The application for refund shall be filed with the County Manager and contain the following: (a) The name and address of the Applicant; (b) The location of the property which was the subject of the Building Permit; (c) The date the Correctional Facilities Impact Fee was paid; (d) A copy of the receipt of payment for the Correctional Facilities Impact Fee ; and (e) The date the Building Permit was issued and the date of expiration. 2. After verifying that the Building Permit has expired and that the Correctional Facilities Impact Construction has not been completed, the County Manager shall refund the Correctional Facilities Impact Fee paid for such Correctional Facilities Impact Construction. 3. A Building Permit which is subsequently issued for a Correctional Facilities Impact Construction on the same property which was the subject of a refund shall pay the Correctional Facilities Impact Fee as required by Sections 2.01. Section 2.03. Use of Monies. A. The Board hereby establishes a separate trust aaampGENDA ITEM for the Correctional Facilities Impact Fees, to be desijnatebo. 2.-C% /-`� 9 JUN 2 2 1999 t i P1�. ''` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 as the "Correctional Facilities Impact Fee Trust Account" which shall be maintained separate and apart from all other accounts of the County. All such Impact Fees shall be deposited into such trust account immediately upon receipt. B. The monies deposited into the Correctional Facilities impact Fee Trust Account shall be used solely for the purpose of providing growth necessitated construction improvements and additions to the Correctional Facilities System within the County including, but not limited to: (1) Design and construction plan preparation; (2) Permitting and fees; (3) Construction and design of Correctional Facilities System buildings or improvements and additions thereto; (4) Design and construction of new drainage facilities required by the construction of Correctional Facilities System buildings, facilities or improvements and additions thereto; (5) Relocating utilities required by the construction of Correctional Facilities System buildings, facilities or improvements and additions thereto; (6) Landscaping; (7) Construction management and inspection; (8) Surveying, soils and material testing; (9) Acquisition of capital equipment for Correctional Facilities System; (10) Acquisition of apparatus, equipment or furniture necessary to expand the Correctional Facilities System. (11) Repayment of monies transferred or borrowed from any budgetary fund of the County subsequent to the adoption of this Ordinance, which were used to fund construction, acquisition of improvements and additions to the Correctional Facilities System; (12) Payment of principal and interest, necessary reserves and costs of issuance under any bonds or itherNNAGENDA ITEM Z"� �� indebtedness issued by the County to fund growth imptcted'�' J UN 2 2 1999 10 pg. Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 improvements and additions to the Correctional Facilities System subsequent to the adoption of this Ordinance; (13) Reimbursement of excess Correctional Facilities Impact Fees due an Applicant pursuant to Section 3.07; (14) Design and construction of roadway improvements required by the Correctional Facilities System; and (15) To the extent provided by law, reimbursement or refund of costs incurred by the County in the preparation of any update to the Impact Fee Study adopted pursuant to Section 2.04 and any amendments or supplements adopted pursuant to Section 3.08 and any other administrative costs incurred by the County. C. Funds on deposit in the Correctional Facilities Impact Fee Trust Account shall not be used for any expenditure that would be classified as a maintenance or repair expense. D. The monies deposited into the Correctional Facilities Impact Fee Trust Account shall be used solely to finance improvements and additions to the Correctional Facilities System required by growth as projected in the Impact Fee Study. E. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. All income derived from such investments shall be deposited in the Correctional Facilities Impact Fee Trust Account and used as provided herein. To the extent permitted by law, any interest accrued on Correctional Facilities Impact Fees which is not needed for improvements and additions to the Correctional Facilities System may, at the discretion of the Board, be used to fund waivers or deferrals of Correctional Facilities Impact Fees pursuant to Section 3.04 of this Ordinance. In addition, to the extent permitted by law, any accrued interest on Correctional Facilities Impact Fees which is not needed for improvements and additions to the Correctional Facilities System may, at the discretion of the Board, be used to fund waivers of Correctional Facilities Impact Fees if the Board makes the following findings by resolution: ___ AGENDA ITEM ''0 I L4 M 1999 s� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 a. The entity requesting a waiver is a not -for- profit corporation or business, or charitable organization; b. The entity provides services to low income or very low income citizens of Collier County at reasonable rates; C. The County does not provide such services; d. The provision of services provides substantial benefits to the citizens of Collier County. e. Sufficient funds in the Correctional Facilities Impact Fee Trust Account exist to fund the waivers; and f. The entity is a child care or similar support facility which is included in the original site development plans of an affordable housing project and which project has qualified for an affordable housing waiver or deferral. The resolution adopted by the Board shall state such findings and authorize the payment, in whole or in part, of the Correctional Facilities Impact Fee. F. The Correctional Facilities Impact Fee collected pursuant to this Ordinance shall be returned to the then current Owner of the property for which such fee was paid if such fees have not been expended or encumbered prior to the end of the fiscal year immediately following the sixth anniversary of the date upon which such fee was paid. Refunds shall be made only in accordance with the following procedure: (1) The then current Owner shall petition the Board for the refund prior to the end of the fiscal year immediately following the sixth anniversary of the date of the payment of the Correctional Facilities Impact Fee. (2) The petition for refund shall be submitted t AGENDA ITEM County Manager, and shall contain: No. %2..G Lyf 1 JUN 2 2 1999 12 p. I (a) A notarized sworn statement that the 2 petitioner is the then current Owner of the property 3 for which the Impact Fee was paid; 4 (b) A copy of the dated receipt issued for 5 payment of such fee or such other record as would 6 indicate payment of such fee; 7 (c) A certified copy of the latest recorded 8 deed; and 9 (d) A copy of the most recent ad valorem tax 10 bill. 11 (3) within three (3) months from the date of receipt 12 of a petition for refund, the County Manager will advise 13 the petitioner and the Board of the status of the Impact 14 Fee requested for refund, and if such Impact Fee has not 15 been expended or encumbered within its applicable time 16 period, then it shall be returned to the petitioner. For 17 the purposes of this Section, fees collected shall be 18 deemed to be spent or encumbered on the basis of the first 19 fee in shall be the first fee out. 20 G. Any Owner entitled to a refund who fails to file a 21 timely petition for a refund upon becoming eligible to do so 22 shall be deemed to have waived any claim for a refund, and the 23 County shall be entitled to retain and apply the Impact Fees 24 for growth necessitated capital improvements and additions to 25 the Correctional Facilities System. 26 Section 2.04. Alternative Fee Calculation. 27 A. In the event an Applicant believes that the impact to 28 Correctional Facilities System resulting from his Correctional 29 Facilities Impact Construction is less than the fee established 30 in Section 2.01, such Applicant may, prior to issuance of a 31 Building Permit for such Correctional Facilities Impact 32 Construction, submit a calculation of an Alternative 33 Correctional Facilities Impact Fee to the office 'of the County 34 Manager pursuant to the provisions of this Section. Upon 35 receipt of the Alternative Correctional Facilities Impact 1Fe-6 I AGENDA ITEM 36 the County Manager shall schedule a hearing before the Boa d atNO. 13 JUN 2 2 1999 �j I a regularly scheduled meeting or a special meeting called for 2 the purpose of reviewing the Alternative Correctional 3 Facilities Impact Fee and shall provide the Applicant written 4 notice of the time and place of the hearing. Such hearing 5 shall be held within 'thirty (30) days of the date the 6 Alternative Correctional Facilities Impact Fee was submitted. 7 B. The Alternative Correctional Facilities Impact Fee 8 calculations shall be based on data, information or assumptions 9 contained in this Ordinance and the Impact Fee Study or an 10 independent source, provided that the independent source is a 11 local study supported by a data base adequate for the 12 conclusions contained in such study performed pursuant to a 13 generally accepted methodology • and based upon generally 14 accepted standard sources of information relating to facilities 15 planning, cost analysis and demographics. 16 C. If a previously approved Correctional Facilities 17 Impact Construction project submitted, during its approval 18 process, an Alternative Correctional Facility Impact Study 19 substantially consistent with the criteria required by this 20 Section, and if such study is determined by the Board to be 21 current, the Correctional Facilities System impact of such 22 previously approved Correctional Facilities Impact Construction 23 shall be presumed to be as described in the prior study. In 24 such circumstances, an Alternative Correctional Facilities 25 Impact Fee shall be established reflecting the impact described 26 in the prior study. There shall be a rebuttable presumption 27 that an Alternative Correctional Facility Impact Study 28 conducted more than two years earlier is invalid. 29 D. If the Board determines that the data, information and 30 assumptions utilized by the Applicant to calculate the 31 Alternative Correctional Facilities Impact Fee complies with 32 the requirements of this Section and that the Alternative 33 Correctional Facilities Impact Fee was calculated by the use of 34 a generally accepted methodology, the Alternative Correctional 35 Facilities Impact Fee shall be paid in lieu of the fe . se AGENDA ITEM 36 forth in Section 2.01. JUN 22 1999 14 pg. 1/ i E. If the Board determines that the data, information and 2 assumptions utilized by the Applicant to calculate the 3 Alternative Correctional Facilities Impact Fee does not comply 4 with the requirements of this Section or that the Alternative 5 Correctional Facilities Impact Fee was not calculated by a 6 generally accepted methodology, then the County shall provide 7 to the Applicant by certified mail, return receipt requested, 8 written notification of the rejection of the Alternative 9 Correctional Facilities Impact Fee and the reason therefor. 10 F. The decision of the Board shall be in writing and 11 issued within ten (10) working days of the review. 12 G. Any Applicant or Owner who has submitted a proposed 13 Alternative Correctional Facilities Impact Fee pursuant to this 14 Section and desires the immediate issuance of a Building Permit 15 shall pay prior to or at the time the request for hearing is 16 filed the applicable Correctional Facilities Impact Fee 17 pursuant to Section 2.01. Said payment shall be deemed paid 18 under "Protest" and shall not be construed as a waiver of any 19 right of review. Any difference between the amount paid and 20 the amount "due, as determined by the Board, shall be refunded ?1 to the Annlinant or Owner_ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ARTICLE III MISCELLANEOUS PROVISIONS Section 3.01. Exemptions. A. The following shall be exempted from payment of the Impact Fees: 1. Alterations or replacement of a Dwelling Unit ox Building with a new Dwelling Unit or Building of the same size or use and which will not increase the square footage associated therewith. 2. The construction of publicly owned Residential housing. 3. The issuance of a tie -down permit on a Mobile Home on which applicable Correctional Facilities Impact Fees have previously been paid. Section 3.02. Changes of Size and Use. 15 AGENDA ITEM No. I2.._ C. L4) ,JUN 22 1999 pg. I Impact Fees shall be imposed and calculated for the 2 alteration, expansion or replacement of a Building or Dwelling 3 Unit or the construction of an Accessory Building if the 4 alteration, expansion or replacement of the Building or 5 Dwelling Unit or the construction of an Accessory Building 6 results in a land use determined to: (1) increase the number of 7 Dwelling Units; (2) increase the square footage; or (3) change 8 the land use so as to constitute a different Impact Fee land 9 use category. The Impact Fee imposed under the applicable 10 Impact Fee Rate shall be calculated as follows: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 a. If the Impact Fees are calculated on land use and not square footage, the Impact Fees imposed shall be the impact Fees due under the applicable Impact Fee Rate for the Impact Fee land use category resulting from the alteration, expansion or replacement less the Impact Fee that would be imposed under the applicable Impact Fee Rate for the Impact Fee land use category prior to the alteration, expansion or replacement. b. In the event the square footage of a Building is increased, the Impact Fee shall be calculated only for that increased square footage. C. The Impact Fee imposed for any Accessory Buildings shall be that applicable under the Impact Fee Rate for the land use for the primary building. Section 3.03. Vested Rights. A. Any Owner of land which was the subject of a development order prior to the effective date of this Ordinance may petition the Board for a Vested Rights determination which would exempt the landowner from the provisions of this Ordinance. Such petition shall be evaluated by the County Attorney and a decision made based on the following criteria: 1. The existence of a valid, unexpired governmental act of the County authorizing the specific development for which a determination is sought; 2. Expenditures or obligations made or incurre -i AGENDA ITEM reliance upon the authorizing governmental act that are NO. _(' Ly} JUN 2 2 1999 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 reasonably equivalent to the fees required by this Ordinance; 3. Other factors that demonstrate it is inequitable to deny the Petitioner the opportunity to complete the previously approved development under the conditions of approval by requiring the Petitioners to comply with the requirements of this Ordinance. For the purposes of this paragraph, the following factors shall be considered in determining whether it is inequitable to deny the . Petitioner the opportunity to complete the previously approved development: (a) Whether the injury suffered by the Petitioner outweighs the public cost of allowing the development to go forward without payment of the Impact Fee required by this Ordinance; and (b) Whether the expenses or obligations for the development were made or incurred subsequent to the effective date of this Ordinance. B. The County Attorney shall make a written determination as to whether the Owner has established a vested right in the Correctional Facilities Impact Construction and, if so, whether the development would exempt the Owner from the provisions of this Ordinance. C. Any Owner aggrieved by a decision of the County Attorney pursuant to this Section may request a review hearing on such decision pursuant to Section 3.07. Section 3.04. Affordable Housing. A. Pursuant to the guidelines established in this Section, the County shall (1) waive or (2) defer, as applicable, the payment of the Impact Fee for any new owner - occupied or rental Correctional Facilities Impact Construction which qualifies as Affordable Housing under Appendix B of this Ordinance. (1) Any person seeking an Affordable Housing waiver or deferral for proposed Correctional Facilities I act AGENDA ITEM Construction shall file with the County Manager'; anNo• 17 JUN 2 2 1999 57 I Application for waiver or deferral, prior to receiving a 2 Building Permit for the proposed Correctional Facilities 3 Impact Construction. The Application for waiver or 4 deferral shall contain the following: 5 (a) The name and address of the Owner; 6 (b) The legal description of the Residential 7 property upon which the Correctional Facilities Impact 8 Construction shall be constructed; 9 (c) The income level of the Owner or if the 10 Owner is a builder, the income level of the household 11 to which the Dwelling Unit will be sold or rented; 12 (d) The number of bedrooms in each Dwelling 13 Unit of the Correctional Facilities Impact 14 Construction. 15 (2) If the proposed Correctional Facilities Impact 16 Construction meets the requirements for an Affordable 17 Housing waiver or deferral as set forth in this Section, 18 then the County Manager shall issue an Impact Fee waiver or 19 deferral, as applicable, to the Owner or Applicant. The 20 Impact Fee waiver or deferral shall be presented in lieu of 21 payment of the Impact Fee pursuant to Section 2.02. 22 B. To qualify for an Impact Fee waiver or deferral, an 23 owner - occupied Dwelling Unit must meet all of the following 24 criteria: 25 (1) The owner(s) or anticipated Owner(s) of the 26 Dwelling Unit must have a very low, low, or moderate income 27 level, at the time of issuance of the Impact Fee waiver or 28 deferral, as those terms are defined in Appendix B, and the 29 monthly payment to purchase the unit must be within the 30 Affordable Housing guidelines established in Appendix B. A 31 Dwelling Unit shall qualify as owner - occupied if a 32 lease - purchase agreement is in effect at the date of 33 issuance of the Impact Fee waiver or deferral or within 34 thirty (30) days thereof, and within twenty -four (24) 35 months from the date of issuance of the certifica a ofAGENDA ITEM N " 36 occupancy or the execution of the lease - purchase agreement, 0.jL C' C JUN 2 2 1999 18 I whichever is later, the option to purchase is exercised and 2 the purchaser takes ownership of the Dwelling Unit. If the 3 purchaser fails to purchase the Dwelling Unit within the 4 twenty -four (24) month period, then the waived or deferred 5 Impact Fee must be immediately repaid unless the Dwelling 6 Unit is sold to another qualifying Owner. 7 (2) The Owner, or if there is more than one Owner, 8 one of the Owners, must be a first -time home buyer. To 9 qualify as a first -time home buyer, the Owner must not have 10 had an ownership interest in his /her primary residence in 11 the past three (3) years. 12 (3) The Dwelling Unit must be the homestead of the 13 Owner(s). 14 (4) The Dwelling Unit must remain Affordable Housing 15 for fifteen (15) years from the date a certificate of 16 occupancy is issued for the Dwelling Unit, unless the 17 Impact Fee is repaid to the County. 18 C. To qualify for an Impact Fee deferral, a Dwelling 19 Unit offered for rent must meet all of the following criteria: 20 (1) The household renting the Dwelling Unit must 21 have a very low or low income level, at the commencement of 22 the leasehold and during the duration thereof, as those 23 terms are defined in Appendix B and the amount of rent must 24 be within the Affordable Housing guidelines established in 25 Appendix B. 26 (2) The Dwelling Unit must be the households 27 permanent residence. 28 D. All Impact Fees deferred for owner - occupied Dwelling 29 Units at the time the Building Permit was issued shall become 30 due and payable and shall be immediately repaid to the County 31 upon the sale of the Dwelling Unit to a non - qualified 32 purchaser; provided, however, if the Impact Fee deferral was 33 paid with State Housing Initiatives Partnership [SHIP] Program 34 funds, repayment will be made to the Collier County affordable 35 housing trust fund. For purposes of this Section 3. 4, AGENDA ITEM NO. f 4 C LO 36 non - qualified purchaser is a Person who does not satisfy the JUN 2 2 1999 19 _ pg_ 7 % 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Affordable Housing criteria set forth in subsection B above or a Person who does not agree to the terms of the waiver or deferral of impact fees agreement. E. The Impact Fees deferred for rental Dwelling Units at the time the Building Permit was issued shall become due and shall be immediately repaid to the County upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen (15) years from the date of issuance of the certificate of occupancy, whichever occurs first. F. Any Impact Fees waived for an owner - occupied Dwelling Unit at the time a Building Permit was issued shall become due and payable and shall be immediately repaid to the County if the Dwelling Unit is sold or transferred to a non - qualified purchaser during the fifteen (15) year period after the certificate of occupancy is issued for the Dwelling Unit. If the Impact Fee waiver was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. If the Dwelling Unit is used as Affordable Housing in compliance with Section 3.04 of this Ordinance for fifteen (15) years after the date the certificate of occupancy is issued for the Dwelling Unit, the Impact Fees are no longer due and the lien on the Dwelling Unit shall be released. G. The percentage of the total Impact Fee which shall be waived or deferred pursuant to this Section for an owner- occupied or rental Affordable Housing Dwelling Unit shall be the percentage set forth in Appendix B. The Impact Fees waived or deferred shall be a lien on the property until all requirements under this Section have been satisfied. H. (1) Annually, the Owner of a rental Dwelling Unit shall provide to the County Manager an affidavit of compliance with the criteria set forth in this Section. An affidavit must be filed within thirty (30) days of the anniversary date of the issuance of a certificate of occupancy. If the income ally AGENDA ITEM unit renter which originally qualified as very low o 1CRO j L C.LSF� income level as defined in Appendix B exceeds the Affordable JUN 2 2 1999 20 y L I Housing benefit standards set forth in Appendix B by more than 2 forty percent (40 %), then the deferred Impact Fee shall become 3 immediately due and payable by the Owner or, in the 4 alternative, the Owner shall have ninety (90) days to comply 5 with the Affordable Housing standards set forth in Appendix B. 6 (2) If the household income of the qualified 7 owner- occupied Dwelling Unit rises above the benefit standards 8 for waivers and deferrals set forth in Appendix B, the Owner 9 shall maintain the waiver and /or deferral. Notwithstanding the 10 foregoing, all outstanding Impact Fees waived or deferred shall 11 be repaid in full upon sale or transfer of the Dwelling Unit to 12 a non - qualified purchaser, except for waived Impact Fees where 13 the Owner has complied with the Affordable Housing criteria set 14 forth in Section 3.04 for fifteen (15) years after issuance of 15 the certificate of occupancy. 16 I. The Owner receiving an Impact Fee waiver or deferral 17 shall enter into an impact fee agreement with the County which 18 agreement shall provide for, at a minimum, the following and 19 shall further include such provisions deemed necessary by the 20 Board to effectuate the provisions of this Section: 21 (1) The legal description of the Dwelling Unit. 22 (2) Where an Impact Fee waiver or deferral is given 23 to an Owner who will be selling or renting the Dwelling 24 Unit to a subsequent purchaser or renter, the Correctional 25 Facilities Impact Construction must be sold or rented to 26 households meeting the criteria set forth in this Section 27 in order to maintain the waiver or deferral. Impact Fee 28 waivers or deferrals paid for with State Housing 29 Initiatives Partnership [SHIP] Program funds will only be 30 granted directly to buyers meeting Appendix B 31 qualifications and approval prior to Building Permit 32 issuance. A Dwelling Unit shall qualify as owner - occupied 33 if a lease - purchase agreement is in effect at the date of 34 issuance of the Impact Fee waiver or deferral or within 35 thirty days thereof, and within twenty -four (24) mo the AGENDA ITEM NO-/ -c. (—*) 36 from the date of issuance of the certificate of occup ncy JUN 2 2 1999 21 Pg G 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 or the execution of the lease - purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit. If the purchaser fails to purchase the Dwelling Unit within the twenty -four (24) month period, then the waived or deferred Impact Fee must be repaid immediately unless the Dwelling Unit is sold to another qualifying Owner. (3) For owner- occupied Dwelling Units, the amount of Impact Fees deferred shall be repaid to the County upon the sale or transfer to a non - qualified purchaser. If Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County Affordable Housing Trust Fund. For rental units, the Impact Fees deferred shall be repaid upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen (15) years from the issuance of a certificate of occupancy, whichever occurs first. (4) For owner- occupied Dwelling Units where Impact Fees have been waived, the Dwelling Unit must be utilized by the original qualifying Owner, or subsequent qualifying purchaser, as Affordable Housing in compliance with Section 3.04 of this Ordinance for a fifteen (15) year period after the certificate of occupancy is issued and if the Dwelling Unit is sold to a non - qualifying purchaser, the Impact Fees shall be repaid to the County. If Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. (5) The deferred and /or waived Impact Fees shall be a lien on the property which lien may be foreclosed upon in the event of non - compliance with the requirements of the agreement. The agreement described herein shall operate as a lien against the Dwelling Unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of Collier County. In the case f a AGENDA ITEM, No. waiver, such release or satisfaction shall be filed fi teen JUN 2 2 1999 22 pg. 6 i I years after the issuance of the certificate of occupancy 2 provided Owner acted in compliance with the agreement or 3 upon repayment. In the case of a deferral, such release 4 shall be recorded upon repayment. 5 (6) Annually, the Owner of a rental Dwelling Unit 6 shall provide to the County Manager an affidavit of 7 compliance with the criteria set forth in this Section. An 8 affidavit must be filed within thirty (30) days of the 9 anniversary date of the issuance of a certificate of 10 occupancy. If the income of any unit renter which 11 originally qualified as very low or low income level as 12 defined in Appendix B exceeds the Affordable Housing 13 benefit standards set forth in Appendix B by more than 14 forty percent (401), then the deferred Impact Fee shall 15 become immediately due and payable by the Owner or, in the 16 alternative, the Owner shall have ninety (90) days to 17 comply with the Affordable Housing standards set forth in 18 Appendix B. 19 (7) Upon satisfactory completion of the agreement 20 requirements, the County shall record any necessary 21 documentation evidencing same, including, but not limited 22 to, a release of lien. 23 (8) In the event the owner is in default under this 24 agreement, and the default is not cured within thirty (30) 25 days after written notice is provided to the Owner, the 26 Board may bring a civil action to enforce the agreement. 27 The Board shall be entitled to recover all fees and costs, 28 including attorney's fees and costs, incurred by the Board 29 in enforcing this agreement, plus interest at the statutory 30 rate for judgments calculated on a calendar day basis until 31 paid. 32 (9) The agreement shall be binding upon the Owner's 33 successors and assigns. 34 (10) The agreement shall be recorded in the Official 35 Records of Collier County. AGENDA ITEM 4) No. i JUN 2 2 1999 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 J. The amount of Impact Fee waivers and deferrals granted pursuant to this Section shall be limited, in total, to the amount appropriated by the Board at its final public hearing regarding the adoption of the annual County budget and the amount allocated to Impact Fee waivers or deferrals in the Collier County Housing Assistance Plan, as established by County Ordinance No. 93 -19. All Impact Fees waived or deferred shall be paid by the Board into the appropriate Correctional Facilities Impact Fee Trust Account within six (6) years from the date of the award of a waiver and /or deferral as provided herein, but in no event, later than that time when that amount is needed for a project funded by those Impact Fees waived or deferred. The Board shall pay into the appropriate Correctional Facilities Impact Fee Trust Account such amounts equal to any Impact Fees previously waived or deferred by the Board, within six (6) years from the date of such waiver, or deferral, but in no event, later than the time such amounts are needed for a project funded by those Impact Fees waived or deferred. Waivers and deferrals shall be issued in the order that completed qualifying applications are received by the County Manager. At least forty percent (40 %) of the amount budgeted for Impact Fee waivers and /or deferrals must be utilized to fund Impact Fee waivers and /or deferrals for single family owner- occupied Dwelling Units serving the very low and low income levels. K. Any changes or amendments to Appendix B or the minimum funding requirements adopted in this Section must occur as an ordinance amendment at a public hearing of the Board of County Commissioners occurring after 5:00 p.m. L. No Affordable Housing waiver or deferral shall be granted for a Correctional Facilities Impact Construction project which consists of a Mobile Home. M. Notwithstanding any provisions elsewhere in this Ordinance to the contrary, any Owner that develops a AGENDA IT', Affordable Housing rental apartment complex consisting in wh le No. L_C_Ct or part of Dwelling Units serving very low and /or low inc i me 1899 JUN 22 24 pg. y1 I levels and meeting all requirements, and subject to all 2 conditions, of Section 3.04 shall be entitled to defer one 3 hundred percent (100 -1) of the Impact Fees applicable only to 4 such rental Dwelling Units serving very low and /or low income 5 levels if: (i) all such deferred Impact Fees are paid on or 6 before the end of six (6) years from the date such Impact Fees 7 are deferred; and (ii) the rental apartment development shall 8 remain Affordable Housing qualified (under Section 3.04 of this 9 Ordinance) for a minimum of 15 years. 10 N. The Board, in its discretion, may agree by Resolution 11 to subordinate its lien for Impact Fees to a primary lender 12 and /or government funded affordable housing loan such as SAIL 13 or HOME loan if Owner can demonstrate that a subordination is 14 necessary to obtain financing and, in the case of rental 15 Dwelling Units, if the Owner provides additional security 16 satisfactory to the County such as additional or substitute 17 collateral in the form of cash or cash equivalent financial 18 instruments which will yield the full amount of the deferred 19 impact fees at the expiration of the period of the deferral. 20 Section 3.05. Alternative Collection Method. 21 In the event the Correctional Facilities Impact Fee are not 22 paid prior to the issuance of a Building Permit for the 23 affected Correctional Facilities Impact Construction, the 24 County shall proceed to collect the Correctional Facilities 25 Impact Fee as follows: 26 A. The County shall serve, by certified mail, return 27 receipt requested, a "Notice of Impact Fee Statement" upon the 28 Applicant at the address set forth in the application for 29 Building Permit, and the Owner at the address appearing on the 30 most recent records maintained by the Property Appraiser of the 31 County. The County shall also attach a copy of the "Notice of 32 Impact Fee Statement" to the Building Permit posted at the 33 affected Correctional Facilities Impact Construction site if 34 the Building is under construction. Service shall be deemed 35 effective on the date the return receipt indicates the notice ce AGENDA ITEM 36 was received by either the Applicant or the Owner or the date NO._ /LGCyQ JUN 2 2 1999 25 I said notice was attached to the Building Permit, whichever 2 occurs first. The "Notice of Impact Fee Statement" shall 3 contain the legal description of the property and shall advise 4 the Applicant and the Owner as follows: 5 1. The amount due and the general purpose for which 6 the Correctional Facilities Impact Fee was imposed; 7 2. That a hearing pursuant to Section 3.07 may be 8 requested within 30 calendar days from the effective date 9 of service of the Notice of Impact Fee Statement, by making 10 application to the Office of the County Manager. 11 3. That the Correctional Facilities Impact Fee 12 shall be delinquent if not paid and received by the County 13 within 30 calendar days of the effective date of service of 14 the Notice of Impact Fee Statement, excluding the date of 15 receipt or if a hearing is not requested pursuant to 16 Section 3.07, and, upon becoming delinquent, shall be 17 subject to the imposition of a delinquent fee and interest 18 on the unpaid amount until paid; and 19 4. That in the event the Correctional Facilities 20 Impact Fee become delinquent, a lien against the property 21 for which the Building Permit was secured shall be recorded 22 in the Official Records Book of the County. 23 B. The Correctional Facilities Impact Fee shall be 24 delinquent if, within 30 calendar days from the effective date 25 of service of the Notice of Impact Fee Statement, neither the 26 Impact Fees have been paid and received by the County, nor a 27 hearing is requested pursuant to Section 3.07. In the event a 28 hearing is requested pursuant to Section 3.07, the Impact Fees 29 shall become delinquent if not paid within 30 days from the 30 date the Board determines the amount of Impact Fees due upon 31 the conclusion of such hearing. All time periods contained 32 within this Ordinance shall be calculated on a calendar day 33 basis, including Sundays and legal holidays, but excluding the 34 effective date of service of the Notice of Impact gas AGENDA ITEP 35 Statement, or the date of the Board's decision in the ever t of NO. / L C. C'fJ 36 an appeal. In the event the due date falls on a Sunda or JUN 2 2 1999 26 pg. L I legal holiday, the last due date prior to becoming delinquent, 2 shall be the next business day. Upon becoming delinquent, a 3 delinquency fee equal to 10$ of the total Impact Fee imposed 4 shall be assessed. Such total Impact Fee, plus delinquency 5 fee, shall bear interest at the statutory rate for final 6 judgments calculated on a calendar day basis, until paid. 7 C. Should the Correctional Facilities Impact Fee become 8 delinquent as set forth in Subsection B, the County shall 9 serve, by certified mail return receipt requested, a "Notice of 10 Lien" upon the delinquent Applicant, if the Building is under 11 construction at the address indicated in the application for 12 the Building Permit, and upon the delinquent Owner at the 13 address appearing on the most recent records maintained by the 14 Property Appraiser of the County. The Notice of Lien shall 15 notify the delinquent Applicant and delinquent Owner that due 16 to their failure to pay the Correctional Facilities Impact Fee, 17 the County shall file a Claim of Lien with the Clerk of the 18 Circuit Court. 19 D. Upon the mailing of the Notice of Lien, the County 20 Attorney shall file a Claim of Lien with the Clerk of the 21 Circuit Court for recording in the Official Records of the 22 County. The Claim of Lien shall contain the legal description 23 of the property, the amount of the delinquent Impact Fee and 24 the date of its imposition. Once recorded, the Claim of Lien 25 shall constitute a lien against the property described therein. 26 The County Attorney shall proceed expeditiously to collect, 27 foreclose or otherwise enforce said lien. 28 E. After the expiration of one year from the date of 29 recording of the Claim of Lien, as provided herein, a suit may 30 be filed to foreclose said lien. Such foreclosure proceedings 31 shall be instituted, conducted and enforced in conformity with 32 the procedures for the foreclosure of municipal special 33 assessment liens, as set forth in Chapter 173, Florida 34 Statutes, which provisions are hereby incorporated here' AGENDA ITEM 35 their entirety to the same extent as if such provisions were No. / L C— C.4� 36 set forth herein verbatim. JUN 2 2 1999 27 Pg �y I F. The liens for delinquent Impact Fees imposed hereunder 2 shall remain liens, coequal with the lien of all state, county, 3 district and municipal taxes, superior in dignity to all other 4 filed liens and claims, until paid as provided herein. 5 G. The collection and enforcement procedures set forth in 6 the Section shall be cumulative with, supplemental to and in 7 addition to, all other applicable procedures provided in any 8 other ordinances or administrative regulations of the County or 9 any applicable law or administrative regulation of the State of 10 Florida. Failure of the County to follow the procedure set 11 forth in this Section shall not constitute a waiver of its 12 rights to proceed under any other ordinances or administrative 13 regulations of the County or any applicable law or 14 administrative regulation of the State of Florida. 15 Section 3.06. Developer Contribution Credit. 16 A. The County shall grant a credit against the 17 Correctional Facilities Impact Fee imposed pursuant to Section 18 2.01, for the construction of any building facilities or 19 improvements and additions thereto made to the Correctional 20 Facilities System required pursuant to a development order or 21 made voluntarily in connection with Correctional Facilities 22 Impact Construction. Such construction shall be subject to the 23 approval of the Board and shall be an integral part of and a 24 necessary accommodation to an existing or contemplated 25 Correctional Facilities System. 26 B. The amount of Developer Contribution Credit to be 27 applied shall be determined at the time that the Correctional 28 Facilities Impact Fee is paid according to the following 29 standards of valuation: The cost of anticipated construction 30 to the Correctional Facilities System shall be based upon 31 professional opinions of probable cost certified by a 32 professional architect or engineer. 33 C. Prior to issuance of a building permit, the Applicant 34 shall submit to the County Manager a proposed plan and est' AGENDA ITEN 35 of costs for contributions to the Correctional Facil tiesNo. / 2.C- C 36 System. The proposed plan and estimate shall include: JUN 2 2 1999 28 pg. &'F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1. A designation of the Correctional Facilities Impact Construction for which the proposed plan is being submitted; 2. A list of the contemplated Correctional Facilities System improvements contained within the plan; 3. An estimate of proposed construction costs certified by a professional architect or engineer; and 4. A proposed time schedule for completion of the proposed plan. D. Upon receipt of the proposed plan, the County Manager shall schedule a hearing before the Board at a regularly scheduled meeting or a special meeting called for the purpose of reviewing the proposed plan and shall provide the Applicant or Owner written notice of the time and place of the hearing. Such hearing shall be held within thirty (30) days of the date the proposed plan was submitted. E. The Board shall determine: 1. If such proposed plan of construction is in conformity with contemplated Correctional Facilities additions to the Correctional Facilities System; 2. If the proposed plan is consistent with the public interest; and 3. If the proposed construction time schedule for the completion of the plan is consistent with the County's capital improvement program for the Correctional Facilities System. The decision of the Board as to whether to accept the proposed plan of construction shall be in writing and issued within ten (10) working days of the review. A copy shall be provided to the Applicant. Upon approval of a proposed plan of construction, the B and AGENDA ITEM shall determine the amount of construction cr dit No. i Z L CY) JUN 2 2 1999 29 Pg. (' c 1 based upon the above standards of valuation and shall 2 approve the timetable for completion of construction. 3 F. All construction cost estimates shall be based upon, 4 and all construction plans and specifications shall be in 5 conformity with the correctional facilities construction 6 standards of the County. All plans and specifications shall be 7 approved by the County Manager prior to commencement of 8 construction. 9 G. Any Developer Contribution Credit granted from the 10 Correctional Facilities Impact Fee shall only be for those 11 donations or contributions made to a Correctional Facilities 12 System. 13 H. Any Applicant who submits a proposed plan pursuant to 14 this Section and desires the immediate issuance of a Building 15 Permit shall pay prior to or at the time the request for 16 hearing is filed the applicable Correctional Facilities Impact 17 Fee. Said payment shall be deemed paid under "Protest" and 18 shall not be construed as a waiver of any review rights. Any 19 difference between the amount paid and the amount due, as 20 determined by the Board, shall be refunded to the Applicant or 21 Owner. 22 I. In the event the amount of developer contribution 23 determined to be applicable by the Board pursuant to an 24 approved plan of construction exceeds the total amount of 25 Impact Fees due by the Applicant based upon the contemplated 26 improvements to the Correctional Facilities System proposed by 27 the Applicant, the County shall execute with the Applicant an 28 agreement for future reimbursement of the excess of such 29 contribution credit from future receipts by the County of 30 Correctional Facilities Impact Fees. Such agreement of 31 reimbursement shall not be for a period in excess of five years 32 from the date of completion of the approved plan of 33 construction and shall provide for a forfeiture of any 34 remaining reimbursement balance at the end of such five year 35 period. AGENDA ITEM No. / ZC, �- y ' 36 JUN 22 1999 30 Pg. o i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 3.07. Review Hearings. A. An Applicant or Owner who is required to pay a Correctional Facilities Impact Fee, shall have the right to request a review hearing. B. Such hearing shall be limited to the review of the following: 1. The application of the Correctional Facilities Impact Construction pursuant to Section 2.01. 2. A Vested Rights determination under Section 3.03. 3. The denial of an Affordable Waiver or Authorization for Deferral pursuant to Section 3.04. C. Such hearing shall be requested by the Applicant or Owner within thirty (30) days of the date of first receipt of the following: 1. Notice of Impact Fee Statement; 2. A Vested Rights determination; 3. The denial of an Affordable Housing Waiver or Authorization for Deferral. Failure to request a hearing within the time provided shall be deemed a waiver of such right. D. The request for hearing shall be filed with the Office of County Manager and shall contain the following: 1. The name and address of the Applicant or Owner; 2. The legal description of the property in question; 3. If issued, the date the Building Permit was issued; 4. A brief description of the nature of the construction being undertaken pursuant to the Building Permit; 5. If paid, the date the Correctional Facilities Impact Fee was paid; and 6. A statement of the reasons why the Applicant or Owner is requesting the hearing. 31 AGENDA ITEM No. /2-C C y JUN 2 2 1999 Pg. '1i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 E. Upon receipt of such request, the County Manager shall schedule a hearing before the Board at the regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the Applicant or Owner written notice of the time and place of the hearing. Such hearing shall be held within forty -five (45) days of the date the request for hearing was filed. F. Such hearing shall be before the Board and shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. G. Any Applicant or Owner who requests a hearing pursuant to this Section and desires the immediate issuance of a Building Permit, or if a Building permit has been issued without the payment of the Correctional Facilities Impact Fee, shall pay prior to or at the time the request for hearing is filed the applicable Impact Fees pursuant to Sections 2.01. Said payment shall be deemed paid under "Protest" and shall not be construed as a waiver of any review rights. H. An Applicant or Owner may request a hearing under this Section without .paying the applicable Impact Fee but no Building Permit shall be issued until such Impact Fees are paid in the amount initially calculated or the amount approved upon completion of the review provided in this Section. Section 3.08. Review Requirement. A. This Ordinance and the Impact Fee Study shall be reviewed by the Board initially in connection with its approval of the capital improvements element of its Comprehensive Plan as required by.Section 163.3177, Florida Statutes. Thereafter, this ordinance and the Impact Fee Study shall be reviewed at least every three years. The initial and each review shall consider new estimates of population and other socioeco mic AGENDA ITEM No. /LL Cy data; changes in construction, land acquisition and rel ated JUN 2 2 1999 32 Pg.- 1,� I costs and adjustments to the assumptions, conclusions or 2 findings set forth in the study adopted by Section 1.04. The 3 purpose of this review is to evaluate and revise, if necessary, 4 the Correctional Facilities Impact Fee to assure that they do 5 not exceed the reasonably anticipated costs associated with the 6 improvements and additions necessary to offset the demand 7 generated by the Correctional Facilities Impact Construction 8 on the Correctional Facilities System. In the event the review 9 of the Ordinance required by this Section alters or changes the 10 assumptions, conclusions and findings of the study adopted by 11 reference in Section 1.04, revises or changes the Correctional 12 Facilities System or alters or changes the amount of Impact 13 Fees, the study adopted by reference in Section 1.04 shall be 14 amended and updated to reflect the assumptions, conclusions and 15 findings of such reviews and Section 1.04 shall be amended to 16 adopt by reference such updated studies. 17 B. Simultaneous with the review of the Impact Fee Study 18 required in Subsection A of this Section, the Board shall 19 review the capital improvements element of the availability and 20 adequacy of revenue sources to construct improvements and 21 additions to the Correctional Facilities System determined in 22 the Impact Fee Study to be required to accommodate existing 23 development. 24 Section 3.09. Declaration of Exclusion from Administrative 25 Procedures Act. 26 Nothing contained in this Ordinance shall be construed or 27 interpreted to include the County or any municipality in the 28 County in the definition of Agency contained in Section 120.52, 29 Florida Statutes, or to otherwise subject the county or any 30 municipality in the County to the application of the 31 Administrative Procedures Act, Chapter 120, Florida Statutes. 32 This declaration of intent and exclusion shall apply to all 33 proceedings taken as a result of or pursuant to this Ordinance 34 including specifically, but not limited to, consideration_ of a 35 petition for vested Rights determination under section 3 03, ITEM ,AGENDA o, G�� 36 determination of entitlement to an Impact Fee Wai r JUN 22 1999 33 � r• rs %.� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Authorization for Deferral pursuant to Section 3.04, and a review hearing under Section 3.07. Section 3.10. Inclusion in Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. Section 3.11. Severability. If any clause, section or provision of this Ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Ordinance shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. In the event it is held or construed by any court of competent jurisdiction that the County does not possess the power or authority to impose the Correctional Facilities Impact Fee within municipal areas or that the imposition of the Impact Fees within municipal areas is declared invalid or unconstitutional for any purpose, such declaration of unconstitutionality or invalidity shall not affect the validity or constitutionality of the imposition of the Correctional Facilities Impact Fee in the unincorporated area of the County and it is the intent of the County, in such event, that such imposition of Impact Fees in the unincorporated areas remain valid and in force. AGENDA ITEM No. 12- ; C4) LP9---.--- N 2 2 1999 34 %V 1 2 3 Section 3.12. Effective Date. 4 This Ordinance shall be effective upon filing with the 5 Department of State. 6 DULY ADOPTED in regular session, this day of 7 , 1999. 8 9 ATTEST: 10 DWIGHT E. BROCK, CLERK it 12 13 14 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: 15 Deputy Clerk PAMELA S. MAC'KIE, Chairwoman 16 17 18 (SEAL) 19 20 21 Approved as to form and 22 legal suffici ncy: 23 24 25 C r ^ 26 F�eidi F. Ashton 27 Assistant County Attorney 28 h:public /hg /hfa /ord99/ 4 -30 -99 Correctional Fac. Impact Fee Ord 29 35 AGENDA ITEM No. JUN 22 1999 pg- 7� Option 2. IMPACT FEE RATES CORRECTIONAL FACILITIES IMPACT FEE Land Use Correctional Facilities Impact Fee Per Dwelling Unit or Square Foot Residential: 117.98 per dwelling unit Non - Residential: Lodging: Hotel /Motel 0.2340 per square foot Nursing Home /Inst 0.0390 per square foot Misc. Residential 0.3237 per square foot Medical: Hospital 0.4914 per square foot Commercial: Office 1.3260 per square foot Retail 1.0920 per square foot Rest. /Bar /Lounge 1.7043 per square foot Industrial /Manuf. 0.0312 per square foot Leisure /Outdoor 0.5616 per square foot Other Misc. 1.4664 per square foot Institutions: Church 0.1170 per square foot School /College 0.1599 per square foot Govt. /Public Bldgs 1 0.6708 per square foot AGENDA ITEM No. lZG (- -y) JUN 2 2 1999 Pg. % b The following set forth the applicable definitions and benefit standards for Affordable Housing Dwelling Units for the purpose of determining eligibility for Impact Fee waivers and deferrals (herein referred to as "benefits "). DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS a) Very low income families means those families whose incomes do not exceed fifty percent (50 %) of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). b) Low income families means those families whose incomes are more than fifty percent (50 %) and do not exceed sixty percent (60 %) of the area median income as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). C) Moderate income families means those families whose incomes are more than sixty percent (60 %) and do not exceed eighty percent (80 %) of the area median income as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). For a Dwelling Unit to be determined to be affordable, the monthly rent or monthly mortgage payment, including property taxes and insurance shall not be in excess of thirty percent (30 %) of the families household income. In no instance will rental limits exceed the rental limits established by the Florida Housing Finance Agency for rents adjusted to bedroom size in projects assisted under the SAIL Loan Program or the Low Income Housing Tax Credit Program based on unit size. ll. BENEFIT STANDARDS a) Affordable Housing owner - occupied Dwelling Units which exclusively serve very low income families and which are the owner's homestead shall have one hundred percent (100 %) of the applicable Impact Fee waived pursuant to the terms of the Impact Fee Ordinance. b) Affordable Housing rental Dwelling Units which exclusively serve very low income families shall have one hundred percent (100 %) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. c) , Affordable Housing owner - occupied Dwelling Units which exclusively serve low- income families and which are the owner's homestead shall have fifty percent (50 0%) of the applicable Impact Fees waived and have fifty percent (50 %) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. d) Affordable Housing rental Dwelling Units which exclusively serve low income families shall pay fifty percent (50 %) of the applicable Impact Fee, and shall have fifty percent (50 %) of the applicable Impact Fee deferred, pursuant to the terms of the Impact Fee Ordinance. e) Affordable Housing owner - occupied Dwelling Units which exclusively serve moderate income families and which are the owner's homestead shall be required to pay twenty -five percent (25 %) of the applicable Impact Fee, and shall have seventy -five percent (75 %) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. f) Correctional Facilities Impact Construction which meets the crit is se AGENDA ITEM forth in Subsections b and c of Section 3.04 constructed by an Agency of Collier Co my o O. L �' L JUN 2 2 1999 37 Pg. 7 7 by an Independent Governmental Agency pursuant to an interlocal agreement with Collier County and which construction is one hundred percent (100 %) government funded shall have one hundred percent (100 %) of the Impact Fees for that construction waived, pursuant to the terms of the Impact Fee Ordinance. NOTE: An Amendment to the Appendix shall require a public hearing of the Board of County Commissioners occurring after 5:00 p.m. 38 AGENDA ITEM No. I -�. C Ly) JUN 22 1999 Pg.--7-t- APPROVE A RESOLUTION AND EXCHANGE AGREEMENT FOR PARCELS OF LAND LOCATED IN SECTION 30, TOWNSHIP 51 SOUTH, RANGE 27 EAST AND FOR A PORTION OF COUNTY ROAD 29 RIGHT -OF -WAY ON CHOKOLOSKEE ISLAND. OBJECTIVE: To obtain Board approval of a Resolution and Exchange Agreement to exchange a portion of the County Road 29 (CR 29) right -of -way for a parcel of land located in Section 30, Township 51 South, Range 27 East. CONSIDERATIONS: On August 5, 1998, J. Dudley Goodlette, as agent for owner Kenny Brown, requested that the Board direct staff to acquire an appraisal on a parcel of land located on CR 29 right -of -way. This parcel is described on Attachment 1 and has been used as a parking lot for the adjacent marina since the construction of the Chokoloskee Causeway. State Road 29A (the Causeway), reclassified by the FDOT as a County Road, was conveyed to Collier County several years ago. The Transportation Services Department has determined that this portion of CR 29 right - of -way is surplus and is not necessary for safe operation of the roadway. The property to be exchanged is located in Section 30, Township 51 South, Range 27 East. The American Crocodile uses the property for foraging and, therefore, it can be used for road impact mitigation. The Real Property Management Department has appraised the two parcels, and has determined that the CR 29 right -of -way has a value of $2,500.00, while the crocodile habitat parcel has a value of $15,000. FISCAL IMPACT: The petitioner will pay all fees associated with the exchange. M,90111A 0 96 so _ FIXET" D10.1 DI _ u ' • RECOMMENDATION: That the Board approve the proposal, and authorize the Chairwoman to execute same. SUBMITTED BY: --.6 Russ REVIEWED BY: Edward J. APPROVED Ed Ilschner, I Attachment II Services Director Administrator Date: 5'- 13 ?,4 DATE: DATE: 6 — A%Ft+ol. T rG. l l �1 5 RESOLUTION NO. 99- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AGREEING TO THE EXCHANGE OF COUNTY PROPERTY. WHEREAS, the Board of County Commissioners of Collier County, Florida, has determined that the property described in Exhibit "A" is no longer needed for County purposes, and it is in the County's best interest to exchange said property for other real property; and WHEREAS, A. Kenneth Brown, Jr., Inc. d /b /a Outdoor Resorts of Chokoloskee will be the owner of the property as described in Exhibit "B" which the County desires to acquire for County purposes; and WHEREAS, Section 125.37, Florida Statutes, authorizes and empowers the County to exchange the property described in Exhibit "A" for the property described in Exhibit "B ". WHEREAS, the required notice pursuant to Section 125.37, Florida Statutes, has been published in a newspaper of general circulation published in Collier County; and WHEREAS, the terms and conditions of the proposed exchange are set forth in the attached Exchange Agreement between A. Kenneth Brown, Jr., Inc., d /b /a/ Outdoor Resorts of Chokoloskee and Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board authorizes the exchange of the property the County owns and is described in Exhibit "A" for the property to be owned by A. Kenneth Brown, Jr., Inc., d /b /a Outdoor Resorts of Chokoloskee and described in Exhibit "B ". This Resolution adopted after motion, second and majority vote favoring same. Dated: ATTEST: DWIGHT E. BROCK, Clerk BY: Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman M EXHIBIT "A" Page 1 of 2 ItlANNi ;mi, LN1')N(.)NMl :N7Al.(:L1N!'UlT�1N'l`, I_Nt.INIl:l(�. til111V1'.Y1110i, LANilst :/01: AI((:111M-T5. t llNyrl(lr(-11LLN ;lilts Description of part of Section 30. Township 53 South, Range 30 East, Chokoloskee Island, Collier County, Florida, All that part of Section 30, Township 53 South, Range 30 East, Collier County, Florida being more particularly described as follows; COMMENUNG at the southwest corner of said Section 30; thence easterly along the south line of said Scctio>Z 30, a distance of 50.00 fort to a point on the right -of -way line of State Road 29 -A and the POINT OF BEGINNING of the Parcel herein described; thence continue easterly along said south line of Scction 30, niso being the right -of- -Way line of State Road 29•A for a of 50.00 feet; thence leaving said Tine, northerly, and along the east right -of -way line of State Road 29 -A, a line parallel to the west line of said Section 30 for a distance of 350.00 feet; thence leaving said line, westerly, and along a line perpendicular to the east right -of -way line of State Road 29 -A, for a distaricc of 50.00 fcct; thence along a line parallel to the west line of said Section 30 for a distance of 350.00 feet to the south line of said Section 30 and the POINT OF BEGINNING of the parcel herein described; Subject to ease„ nenU and restrictions of record. Prcp=d by: WILSON, MILLER, BART ON & PEEK, NC, Mar us L. Berman, Profe95ional Surveyor & Mapper Florida Registration No. 5086 Not valid unless embossed wit]) tlic Professional's seal. W.O.: N0379- 002- 000 -SSSLD REF.: lJ -7 DATE: October 30, 1997 A "' N' A I T }{ ly ll_y[lN, MILLF:II, ISART[)N u h1'1:K. IN \;, ffU �� 1200 NiiIry Lin u. `or, 200. Nalil:R. Florld;• 74105•t1107 - I'1, V41.649.Q40 F, ')AI•Ii41.;71 rnnprill.•h „ rtp E•nr.nlr I�nl.la- ID +Ilna.n,;llrr.r,•a, `• 1070Ai -0t10[nptmle f�f,�1,(,. lr•Ir \1..•,. 1 1 PG. 3 rlr tl••.rq ( � u .•Ubq, L� U O cum 50.01 MC) 1 z 0 u W 0 W Z J t— N l.J P6 5 g 50.0' `. w Q � c CY c U W f— Q N a G] L7 EXHIBIT "A" Page 2 of 2 61!% ■ I :s so 110 zoo GRAPMIC SCALE EAST RIGHT -OF -WAY LINE S.R. 29 / POINT OF 9EGINNING 30 SOUTH LINE SECTION 30 50.0' 31 50.0' POINT OF COMMENCEMENT SOUTH%./EST CORNER SE-CTION 30, T -53 -S, R -30- -E EAST RIGHT -OF -WAY LINE ..---'S-R. 29 GENERAL NOTESI PRfPAREA B Y. AGQ* t µ -3' 1'� '—� — i. SEE ATTACHED FOR LEGAL DESCRIPTION, SUN 2 ��� HdRlCUS' L. Bf Rknh FJ?0rCSS1 At z F! 4RIA4 RCGISrRATOV Na 5 tat NOT A MNyrY • t • srALCD LN THHrHrsSURvt Q4'S rmemsry 1 t PNO W4i� ON MILLER x`01PARF r STA t RO D IP-A. MIA4 —iIQ ll a 0019 OF PAA/ pr S1AlE pDAO I9 -A. e:tnrG A OUTDOOR R ORTS ill .1 � PARr V 5,GT101V X1. pF AA/ERIC�f, INC. ��"� 11 °�l / " /i° �""Q^ r0vwSN1P SJ SGU1M P-4mcr jD CAST• 1 J -7 Yw •a l., �.... ►....� tiM,. •I. ill M M �...~Irq ��� fr Iwl MM.0 CALL 111R COt1+rI, f[DR1De. nalO: hti879 -007- DDD -SSS[D Oct ]0. 1997 - [ /:�O12 Onn�11�0879���7d•p QL3 IL,� 50.01 MC) 1 z 0 u W 0 W Z J t— N l.J P6 5 g 50.0' `. w Q � c CY c U W f— Q N a G] L7 EXHIBIT "A" Page 2 of 2 61!% ■ I :s so 110 zoo GRAPMIC SCALE EAST RIGHT -OF -WAY LINE S.R. 29 / POINT OF 9EGINNING 30 SOUTH LINE SECTION 30 50.0' 31 50.0' POINT OF COMMENCEMENT SOUTH%./EST CORNER SE-CTION 30, T -53 -S, R -30- -E EAST RIGHT -OF -WAY LINE ..---'S-R. 29 GENERAL NOTESI PRfPAREA B Y. AGQ* t µ -3' 1'� '—� — i. SEE ATTACHED FOR LEGAL DESCRIPTION, SUN 2 ��� HdRlCUS' L. Bf Rknh FJ?0rCSS1 At z F! 4RIA4 RCGISrRATOV Na 5 tat NOT A MNyrY • t • srALCD LN THHrHrsSURvt Q4'S rmemsry 1 t PNO W4i� ON MILLER x`01PARF r STA t RO D IP-A. MIA4 —iIQ ll a 0019 OF PAA/ pr S1AlE pDAO I9 -A. e:tnrG A OUTDOOR R ORTS ill .1 � PARr V 5,GT101V X1. pF AA/ERIC�f, INC. ��"� 11 °�l / " /i° �""Q^ r0vwSN1P SJ SGU1M P-4mcr jD CAST• 1 J -7 Yw •a l., �.... ►....� tiM,. •I. ill M M �...~Irq ��� fr Iwl MM.0 CALL 111R COt1+rI, f[DR1De. nalO: hti879 -007- DDD -SSS[D Oct ]0. 1997 - [ /:�O12 Onn�11�0879���7d•p EXHIBIT "B" Page 1 of 1 Description of part of Section 30, Township 51 South, Range 27 East, Collier County, Florida. Further described as follows: The East 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 30, Township 51 South, Range 27 East. E 2(ao T� 1d ii EXCHANGE AGREEMENT THIS EXCHANGE AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into by and between A. Kenneth Brown, Jr., Inc., d /b /a Outdoor Resorts of Chokoloskee (hereinafter referred to as the "Outdoor Resorts "), and Collier County, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as the "County "); and WHEREAS, the County is the owner of the property described in Exhibit "A ", which the County has determined it is no longer needed for County purposes; and WHEREAS, Outdoor Resorts has a contract to purchase the property described in Exhibit "B "; and WHEREAS, the Board of County Commissioners has determined it to be in the County's best interest to exchange the property it owns and is described in Exhibit "A" for the property that Outdoor Resorts has a contract to purchase and is described in Exhibit "B "; and WHEREAS, Section 125.37, Florida Statutes, authorizes the County to exchange 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Outdoor Resorts shall convey the property described in Exhibit "B" to the County in exchange for the property described in Exhibit "A ". County will convey the property described in Exhibit "A" to Outdoor Resorts in exchange for the property described in Exhibit "B ". 2. Outdoor Resorts agrees that it shall not construct any structures on the property being conveyed to it pursuant to this Agreement other than a parking lot. This provision shall survive closing and is not deemed satisfied by conveyance of title. 3. The parties agree that time is of the essence in regard to the closing and that, therefore, said closing shall occur within seven (7) days of Outdoor Resorts acquiring the property described in Exhibit "B ". At closing, County shall deliver to Outdoor Resorts a statutory deed conveying the property described in Exhibit "A" to Outdoor Resorts and Outdoor Resorts shall deliver to County a warranty deed conveying the property described in Exhibit "B" to County. AGEIrU Z Page 1 of 5 JUN 9 5. Each party shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar in accordance with law. Each party shall provide the other party written notice of title defects a minimum of fifteen (15) days prior to closing. Failure to provide written notice within this time period shall be deemed a waiver of any right to object to the status of title. The applicable party will, if title is found unmarketable, use diligent effort to correct defect(s) in the title within sixty (60) days of receipt of written notice of such title defect(s) including the bringing of necessary suits. If title is not cleared within this time period, the applicable party may (1) terminate this Agreement; or (2) accept title in its then current state. Any and all documents to clear title to the applicable party shall be provided to the other party on or before the date of closing. 6. Outdoor Resorts represents that it has no actual knowledge of any hazardous substances being generated, stored, treated or transferred on the property owned by it except as specifically disclosed in this Agreement; that it has no knowledge of any spill or environmental law violation of any property contiguous to or in the vicinity of the property to be exchanged pursuant to this Agreement, that it 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 title. 7. Outdoor Resorts hereby agrees that it shall indemnify, defend, save and hold harmless the county against and from, and to reimburse the County with respect to, 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 an appeal), penalties or fines incurred by or asserted against Outdoor Resorts by reason or arising out of the breach of its representation under Section 6. This provision shall survive closing and is not deemed satisfied by conveyance of title. 8. This Agreement is contingent upon Outdoor Resorts acquiring the property described in Exhibit "B" on or before June 30, 1999. In the event Outdoor Resorts is unable to acquire the property described in Exhibit "B" by June 30, 1999, either party may terminate this Agreement. 9. Conveyance of the properties, or any interest in the properties, by the parties is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. ._._ r l NO Page 2 of 5 JUN 2 2 1999 PG. 10. Each party shall pay for all costs of recording their respective conveyance documents. All other costs associated with this transaction including, but not limited to, transfer, documentary and intangible taxes, and costs for any curative instruments shall be borne and paid by Outdoor Resorts. 11. If Outdoor Resorts holds its property in the form of a partnership, limited partnership, corporation, trust or any form of representation capacity whatsoever for others, Outdoor Resorts 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 County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. Outdoor Resorts shall be entitled to full possession of the property described in Exhibit "A" at closing. County shall be entitled to full possession of the property described in Exhibit "B" at closing. 13. This Agreement is governed and construed in accordance with the laws of the State of Florida. 14. 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 there respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 15. If either party shall have failed to perform any of the conveyance and or agreements contained herein which would be performed by that party, within ten (10) days of written notification of such failure, the non - defaulting party shall have the right to seek and enforce all rights or remedies available at law or in equity, including the right to seek specific performance of this Agreement. 16. Should any litigation or other action be commenced between the parties concerning this Agreement or the properties being exchanged pursuant to this agreement, the party prevailing on such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for court proceedings and such litigation or other actions; which sum may be determined by the Court or any separate action brought for that purpose. _ 17. Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, certified mail or return receipt requested, postage prepaid, addressed as follows: AULN j Mo._ li%-�. _ Page 3 of 5 J U N 2 2 PG. 0 To County: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, FL 34112 with a copy to: To Outdoor Resorts: Heidi F. Ashton Assistant County Attorney Administration Building 3301 Tamiami Trail East Naples, FL 34112 Outdoor Resorts Attention: Kenny Brown P. O. Box 429 Chokoloskee, FL 34138 with a copy to: Richard D. Yovanovich, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The addressees and addresses for the purpose of this paragraph may be changed by either party by giving written notice of such change for the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless or until such written notice is received, the last addressee in respect with address stated herein shall be deemed to continue in effect for all purposes. 18. This Agreement may be executed in any number of counter parts which together shall constitute the agreement of the parties. 19. Any amendment with this Agreement shall not be binding on any parties hereof unless such amendment is in writing and executed and dated by County and Outdoor Resorts. Any amendment to this Agreement shall be binding upon Outdoor Resorts and County. as soon as it has been executed by both parties. 20. No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable to only the specific instance of which it is related and shall not be deemed to be a continuing or future waiver as to such provision or waiver as to any other provision. 21. If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. AGE' +U c No._1�, 41(5-_ Page 4 of 5 JUN 2 P Dates Project/Acquisition Approved by BCC: AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk M , Deputy Clerk AS TO OUTDOOR RESORTS: DATED: � --? 7 - - 9 WITNESSES: ( -nature) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M. PAMELA S. MAC'KIE, Chairwoman A. Kenneth Brown, Jr., Inc., d /b /a OUTDOOR RESORTS OF CHOKOLOSKEE BY: s r (Printed Name) (Printed Name and Title) (Signature) !%. Muller' (Printed Name) Approved as to form and legal sufficiency: Hbidi F. Ashton Assistant County Attorney Ht, . �a Page 5 of 5 JUN 2 2 Pc._ ID EXCHANGE AGREEMENT THIS EXCHANGE AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into by and between A. Kenneth Brown, Jr., Inc., d /b /a Outdoor Resorts of Chokoloskee (hereinafter referred to as the "Outdoor Resorts "), and Collier County, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as the "County "); and WHEREAS, the County is the owner of the property described in Exhibit "A ", which the County has determined it is no longer needed for County purposes; and WHEREAS, Outdoor Resorts has a contract to purchase the property described in Exhibit "B "; and WHEREAS, the Board of County Commissioners has determined it to be in the County's best interest to exchange the property it owns and is described in Exhibit "A" for the property that Outdoor Resorts has a contract to purchase and is described in Exhibit "B "; and WHEREAS, Section 125.37, Florida Statutes, authorizes the County to exchange 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Outdoor Resorts shall convey the property described in Exhibit "B" to the County in exchange for the property described in Exhibit "A ". County will convey the property described in Exhibit "A" to Outdoor Resorts in exchange for the property described in Exhibit "B ". 2. Outdoor Resorts agrees that it shall not construct any structures on the property being conveyed to it pursuant to this Agreement other than a parking lot. This provision shall survive closing and is not deemed satisfied by conveyance of title. 3. The parties agree that time is of the essence in regard to the closing and that, therefore, said closing shall occur within seven (7) days of Outdoor Resorts acquiring the property described in Exhibit "B ". At closing, County shall deliver to Outdoor Resorts a statutory deed conveying the property described in Exhibit "A" to Outdoor Resorts and Outdoor Resorts shall deliver to County a warranty deed conveying the property described in Exhibit "B" to County. AG-P t NO._LCS� Page 1 of 5 JUN 2 2 Ir`9 Pc. // 5. Each party shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar in accordance with law. Each parry shall provide the other party written notice of title defects a minimum of fifteen (15) days prior to closing. Failure to provide written notice within this time period shall be deemed a waiver of any right to object to the status of title. The applicable party will, if title is found unmarketable, use diligent effort to correct defect(s) in the title within sixty (60) days of receipt of written notice of such title defect(s) including the bringing of necessary suits. If title is not cleared within this time period, the applicable party may (1) terminate this Agreement; or (2) accept title in its then current state. Any and all documents to clear title to the applicable party shall be provided to the other party on or before the date of closing. 6. Outdoor Resorts represents that it has no actual knowledge of any hazardous substances being generated, stored, treated or transferred on the property owned by it except as specifically disclosed in this Agreement; that it has no knowledge of any spill or environmental law violation of any property contiguous to or in the vicinity of the property to be exchanged pursuant to this Agreement, that it 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 title. 7. Outdoor Resorts hereby agrees that it shall indemnify, defend, save and hold harmless the county against and from, and to reimburse the County with respect to, 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 an appeal), penalties or fines incurred by or asserted against Outdoor Resorts by reason or arising out of the breach of its representation under Section 6. This provision shall survive closing and is not deemed satisfied by conveyance of title. 8. This Agreement is contingent upon Outdoor Resorts acquiring the property described in Exhibit "B" on or before June 30, 1999. In the event Outdoor Resorts is unable to acquire the property described in Exhibit "B" by June 30, 1999, either party may terminate this Agreement. a Conveyance of the properties, or any interest in the properties, by the parties is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are nc other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Aft 4 E NO.Ei JUN 2 2 13Jj VG. IL Page 2 of 5 10. Each party shall pay for all costs of recording their respective conveyance documents. All other costs associated with this transaction including, but not limited to, transfer, documentary and intangible taxes, and costs for any curative instruments shall be borne and paid by Outdoor Resorts. 11. If Outdoor Resorts holds its property in the form of a partnership, limited partnership, corporation, trust or any form of representation capacity whatsoever for others, Outdoor Resorts 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 County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. Outdoor Resorts shall be entitled to full possession of the property described in Exhibit "A" at closing. County shall be entitled to full possession of the property described in Exhibit "B" at closing. y 13. This Agreement is governed and construed in accordance with the laws of the State of Florida. 14. 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 there respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 15. If either party shall have failed to perform any of the conveyance and or agreements contained herein which would be performed by that party, within ten (10) days of written notification of such failure, the non - defaulting party shall have the right to seek and enforce all rights or remedies available at law or in equity, including the right to seek specific performance of this Agreement. 16. Should any litigation or other action be commenced between the parties concerning this Agreement or the properties being exchanged pursuant to this agreement, the party prevailing on such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for court proceedings and such litigation or other actions; which sum may be determined by the Court or any separate action brought for that purpose. 17. Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, certified mail or return receipt requested, postage prepaid, addressed as follows: V Page 3 of 5 N 2 2v v� PG L To County: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, FL 34112 with a copy to: To Outdoor Resorts: Heidi F. Ashton Assistant County Attorney Administration Building 3301 Tamiami Trail East Naples, FL 34112 Outdoor Resorts Attention: Kenny Brown P. O. Box 429 Chokoloskee, FL 34138 with a copy to: Richard D. Yovanovich, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The addressees and addresses for the purpose of this paragraph may be changed by either party by giving written notice of such change for the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless or until such written notice is received, the last addressee in respect with address stated herein shall be deemed to continue in effect for all purposes. 18. This Agreement may be executed in any number of counter parts which together shall constitute the agreement of the parties. 19. Any amendment with this Agreement shall not be binding on any parties hereof unless such amendment is in writing and executed and dated by County and Outdoor Resorts. Any amendment to this Agreement shall be binding upon Outdoor Resorts and County as soon as it has been executed by both parties. 20. No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable to only the specific instance of which it is related and shall not be deemed to be a continuing or future waiver as to such provision or waiver as to any other provision. 21. If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. NO Page 4 of 5 PG. r� Dates Project/Acquisition Approved by BCC: AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk AS TO OUTDOOR RESORTS: DATED: WITNESSES: ( nature) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AM PAMELA S. MAC'KIE, Chairwoman A. Kenneth Brown, Jr., Inc., d /b /a OUTDOOR RESORTS OF CHOKOLOSKEE BY:��' �J ��L,,� /L1. /�/ X� .� / � - ►��Kh �fi� 13 r� LNG .S� p ;�� S r (Printed Name) (Printed Name and Title) (Signature) (Printed Name) Approved as to form and legal sufficiency: . 3 i t Hbidi F. Ashton' Assistant County Attorney Page 5 of 5 No.G�� JUN 2 Z ISM PG. 115'� EXHIBIT "A" Page 1 of 2 P1 ANN I.•It`i, L-NVIN(.)NMI :N?AI. t•t]N."k11 f \V11 \, I:Nt 'IN FI.It�-• :ltlltVl_1'tl1lS, t.ANlltit:/\ltii A1t(;IIITrt -TSB 0NNTIU4.71ILIN M.• \V.�t;ltlt� Description of part of Section 30. Township 53 South, Range 30 East, Chokoloskee Island, Collier County, Florida. All that part of Section 30, Township 53 South, Range 30 East, Collier Cnunty, Florida being more particularly described as follows; COMMLNUNG at the southwest corner of said Section 30; thence easterly along the south line of said Scction 30, a distance of 50.00 feet to a point on the right -of way line of State Road 29 -A and the POINT OF BEGINNING of the Parcel herein described; thence continue easterly along said south Iine of Section 30, also being the right -of -way line of State Road 29-A for a distance of 50.00 feet; thence leaving said line, northerly, and along the east right -of -way line of State Road 29 -A, a line parallel to the west line of said Section 30 for a distance of 350.00 feet; thence leaving said line, westerly, and along a line perpendicular to the east right -of -way line of State Road 29 -A, for a distance of 50.00 fcct; thence along a line parallel to the west line of said Section 30 for a distance of 350.00 feet to the south line of said Section 30 and the POINT OF BEGi'NN1NG of the parcel herein described; Subject to easements and restrictions of record. Prcparttd by: WILSON, MILLER, BARTON & PEEK, tNC. Mar u9 L. Derman, Professional Surveyor & Mapper Florida Registration No. 5086 Not valid unless embossed with the Professional's seal. W.O.: N0379- 002 - 000 -SSSLD .— REF.: iJ -7 DATE: October 3011997 W11 40N, MILI.P11 H ^RTON u 111;1:9. INC, µp'- ALGE'N �^!OEy 1200 No lry L ;1rk4..4oIru 100. Kild tFlarld, 4101.0507 - 1'h V41,64V•4040 F, 941•641 -S70 Wr•h ;i.r.� �..+ •.. tlrru„tt llldf4r,p1 E•n,nl+ It n,rlw ® +11•ra,w it lt•r. r.nrt � � � ry � • 10/JOA1 -01701'R11m@ Nrifdr� I��•,1 \1•.•t• �„r,l.•.r.l Ilr�ul�•uuni 2 2 PG. ME W W l7 LD d Z 50.0` a rn z 0 a•-- u w z J w 3' 50.0' 20 rn Q Q 0 a! w Q N 25 30 50.0' 3 6 X31 50.0' 0 4 EXHIBIT "A" Page 2 of 2 0 2S 50 Iva too GRAf*MtC SCALE EAST RIGHT -OF -WAY LINE S.R. 29 POINT OF BEGINNING f• SOUTH LINE SECTION 30 0' POINT OF COMMENCEMENT SOUTHWEST CORNER SECTION 30, T -53 -S, R -30--C EAST RIGHT -OF -WAY LINE S.R. 29 GENERAL NOTES, 1, SEE ATTACHED FOR LEGAL DESCRIPTION, PR£PARCD sr. G�tv� MARCUS ! • @CRMAh PRDrCTSIONAL SURVC rDR A IIAPPCR ri DRIDA RCUSTRArION Na .1986 s +• NOT A MNYEY •o# Nor ALrP 6firH rmfSSURvCr04'S rmicss s `PND WILSON MILLER OF PA a 6F 91ETZW SW ti' D ;9-A. Fii1 t►c1"r — OF P,�ar ar sTArF Rojo a9 -A. sFlHt A OUTDOOR RESORTS '�l' naa R... [-,i ...... cam, PARr V SCCr10M 30. 4u h °�'�'a^ ronvrHip 31 SaurM AANCE JD CAST. OF /1b/ERJ A, IIV T COLLIER COLwrr. FEDRIDA. 14 �Q. AV979 -00 00 - ww �„w �•w. �... w. ti,•.. �... M. •w Iw,l ,.��. fw i�,l YH.,� , Dot 30, 1997 - t1:�0�12 D.���1�0879�1�7.d•p TfTl PG. /7 EXHIBIT "B" Page 1 of 1 Description of part of Section 30, Township 51 South, Range 27 East, Collier County, Florida. Further described as follows: The East 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 30, Township 51 South, Range 27 East. F J NO. UN 2 2 IS99 PG. _ PETITION NO. V -99 -7, ANTHONY P. PIRES OF WOODWARD, PIRES & LOMBARDO, P.A. REPRESENTING CHARLES AND SHEILA PERNA REQUESTING A 5.8 FOOT AFTER - THE -FACT VARIANCE FROM THE REQUIRED 7.5 FOOT SIDE YARD SETBACK TO 1.7 FEET FOR A SCREENED ENCLOSURE ALONG THE WEST PROPERTY LINE FOR A PROPERTY LOCATED AT 663 110TH AVENUE NORTH IN NAPLES PARK, OBJECTIVE: The petitioner is requesting the above described variance for an existing screen enclosure encroaching into the side yard setback. The petitioners purchased the subject residence in 1991. The house was built in 1983 (Permit # 83- 01721). The house was sold in 1985 prior to being sold to the current owners. The structure in question is a screened enclosure, built on the west side of the residence leading to the screened lanai at the rear of the residence. According to some of the neighbors who lived in the area during the construction of the residence in question, the screened walkway was built in 1983 with the main structure. The Collier County Planning Commission reviewed this petition on June 3, 1999 and by a vote of 8 -0 recommended approval of the variance. Staff has received a letter in opposition to the granting of this request. This petition does not qualify to be placed on the Summary Agenda. FISCAL IMPACT: None. MIMIC Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical /Archaeological Survey and Assessment is required. That the Board of Zoning Appeals approve V -99 -7 1 I JUN 2 2 1999 Pg.--/--__ PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER WED BY: �ka�k� R ALD F. NI O, AICP, MANAGER CURRENT PLANNING SECTION ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES G./'-f -4 9 DATE � q, C cl DATE F� DATE APPROVE,O BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION 2 JUN 2 2 1999 AGENDA ITEM 7 -E MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: FEBRUARY 23, 1999 RE: PETITION V -99 -7 AGENT /APPLICANT: Owner: Charles & Sheila Perna 663 110`h Avenue North Naples, FL. 34108 AGENT: Anthony P. Pires, Jr., Esq. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive Suite 710 Naples, FL. 34108 REQUESTED ACTION: The petitioner requests a 5.8 foot after - the -fact variance from the required 7.5 foot side yard setback to 1.7 feet for an screened enclosure along the west property line. GEOGRAPHIC LOCATION: The subject property is located at 663 110`h Avenue North and is further described as Lot 10, Block 17, Naples Park Unit No. 2, Collier County, Florida. PURPOSE /DESCRIPTION OF PROJECT: The petitioners purchased the subject residence in 1991. The house was built in 1983 (Permit # 83- 01721). The house was sold in 1985 prior to being sold to the current owners. The structure in question is a screened enclosure, built on the west side of the residence leading to the screened lanai at the rear of the residence. According to some of the neighbors who lived in the area during the construction of the residence in auestion. the screened waikwav was built in 1983 with the main structure. SURROUNDING LAND USE AND ZONING: AGENDA ITEM JUN 2 2 1999 Pg•--�11- Subject property: Single family residence; zoned RMF -6 Surrounding: North - Single family residence; zoned RMF -6 East - Single family residence; zoned RMF -6 South - Single family residence; zoned RMF -6 West - Single family residence; zoned RMF -6 HISTORIClARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical /Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No, this is a typical single family house built in a typical Naples Park lot. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre -existing conditions relative to the property, which is the subject of the variance request? Yes, the applicant purchased an existing house which was built in 1983. An examination of the title resulting from the acquisition of title insurance at the time of purchase did not reveal any setback deviations. The current owners did not cause the violation and purchased the residence unaware of the setback encroachment. A-,C, Dn ITEN 2 2 2 1999 Pg. C. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? There is no land- related hardship. Denial of this variance would cause financial hardship to the Petitioner. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes, the structure is existing and therefore would be the minimum variance required. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a smaller side yard than would be permitted for a similar lot in the RMF -6 zoning district. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this variance will reduce the amount of the required yard, which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. Due to the lack of land related hardship, staff is constrained r recommending approval. Therefore, staff recommends that t1ly1 forward this petition to the BZA with a recommendation for denial. 3 from AGENDA ITEM "' 2 1999 PREPARED BY: r'i�m "�CL'A r� 9/) Chahram Badamtchian, Ph.D., AICP DATE Principal Planner EWED BY: R NALD F. I , AICP DATE CURRENT PLANNING MANAGER -/Z 40BEWr J. MULHERE, AICP DATE PLANNING SERVICES DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP bATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: V -99 -7 Staff report for the June 3,1999 CCPC meeting. This Petition has been scheduled for the June 23, 1999 BZA Public Hearing. Collier County Planning Commission: MIC L J. BRUET, CHAIRMAN SUN 2 2 1999 RESOLUTION NO. 99- RELATING TO PETITION NUMBER V- 99 -07, FOR A VARIANCE 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 variances; 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 a 5.8 -foot after- the -fact variance from the required side yard of 7.5 feet to 1.7 feet as shown on the attached plot plan, Exhibit "A ", in an 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 Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V -99 -07 filed by Anthony P. Pires, Jr., Esquire. of Woodward, Pires & Lombardo, P.A., representing Charles and Sheila Perna, with respect to the property hereinafter described as: Lot 10, Block 17, Naples Park Unit 2, as recorded in Plat Book 2, page 107 of the Official Records of Collier County, Florida be and the same hereby is approved for a 7.5 -foot after -the -fact variance from the required side yard of 7.5 feet to 1.7 feet as shown on the attached plot plan. Exhibit "A ", of the RMF -6 Zoning District wherein said property is located, subject to the following conditions: This variance is for the existing wall / screened enclosure combination, as depicted on Exhibit "A ", and shall not entitle the applicant to any new additions or constructions within the required side yard setback. .7�— rITEM � i 2 1999 BE IT RESOLVED that this Resolution relating to Petition Number V -99 -07 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ATTEST: DWIGHT E. BROCK, Clerk day of '1999. Approved as to Form and Legal Sufficiency: Mar orie)M. Student Assistant County Attorney g/admin/sue/V- 99 -071RESOLUf ION -2- BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chairwoman AW-NZA I-M JUN 2 2 1999 Pg._ ::nrr r�r •lnuanr Pap : 1, ne•,a !iFi - I, 5e1•ni - ;r•rn•,a ':t lam 11 1wr•cnn'. HF1 ?ri4 luunnt ::E 7.nnnea i u % %ern 'iA , hnAnAnr ieiuFnr• ca�A•n -' s1uM IrOrt !II 1 /OCFgr1 [ 1440' ':r %•!gn•nl .,atr01 FrIT PHI \nl _ - in Iron 1 f5':TT— OrD %ID r ifuna -.,c i halo] S'C :• "'Vi :,I ... ll FO5U/!n� • , •ul :,\r %: • i 'J : Ai nt' ^I IJ, • :.'fl "•'nl '�I! �olr :n:ff'1 •I IS : •e,s'.f n1 :.I........ I,n6 ` � ll n,ir -� ;? �,in, {, !HJ : nnn n, {^ fnr• .r•e' ^r � .N•r''c:�1 � � 51 Cn,11 .. '. 1r,'. :n • -:rn \ >. ..'i, .r • .r '-i .' \ 1 :. nl " 1, {,....t '{ EXHIBIT "A" - n \ti'ALL .AND SCREEN ,1 ENCLOSURE I I i 81 2- ;SC' C i z I ..H(UAI tM'y "'ILIFRI p.j 'r1,nrla, a '�eoistered Land Surveyor .n Iie State et Florida Iiereby certify to AMERICAN FINANCIAL SERVICES. :Nc— its successor and assigns, MIDWEST TITLE ;UApANM C7. OF FIICRIDA, CCTT'70NWF.AL'17! LAND TITLE INS. CO. �nd 'C '11ARLCS 3 SHEILA Ii. PERNA that 'he f- r•,00l nq I:,.,t represeni_s a "rirvey of Ilie Eol iowinq desct: bed premises: :3, L3 i, 'K 17, NAPLES PARK, UNIT NO. 2 ecordeo :n Plat Book 2 �aae 107 -wlic Records, Collier County, Florida, that a survey of -he above :esc:;te�J -roi:erty «as :hide ';rider my direction ana .n? t4 r'.e Minimu;a ;ecznni�al Standards as per ,!iapter 21 i5! -6 ":_rtca ;,c',inistrat.ve Code. .;'.ere are no encroacnrents ether than sown, no boundary line disputes, easerrents or _.aims :t -asernents of wnicn we nave knowledge. ::o title search has been made by the surveyor. - !ecatiof,s are N.G.V.D. run in from BM C -244 nears, „❑ , ^nform to Plat Fook 2, Pace 107 {� EEurseL� _rq_q� ro uapnr6 saAwor cywwae _treet aauress is 663 110n.h Avenue North, Narles, Ci�Ti s,GATrDNl. �.c in rlocxi zone AE au 'mod elevat..ort 3(JIINDARY SUR � r R IMERICAN CAGLE F IAIPjQ;RV EXHIBIT "A” P:3RTELL.�- ASSOCIATES, :'JC. :364 I.INMM OD AV E `AP(r '1 Q 162 /ON �\ VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICUL ZONING DISTRICT) f Petition No. 0, 9 9 ` 07 Date Petition Received: Commission District: Planner Assigned: (�_Y, ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Charles and Sheila Perna Petitioner's Address: 663 110'` Avenue North, Naples, Florida 34108 Telephone: 941- 598 -1028 Agent's Name: Anthony P. Pires, Jr., Esq. Agent's Address: Woodward Pires & Lombardo P.A.• 801 Laurel Oak Drive Suite 710 Naples, Florida 34108 Telephone: 941 -566 -3131 Facsimile: 941 -566 -3161 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES /CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403- 2400/FAX (941) 643 -6968 Application for Variance Petition - 8/98 Page I of 8 AGENDA J �,4 2 2 1999 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State Zip Name of Master Association: N/A Mailing Address City State Zip Name of Civic Association: Naples Park Property Owners Association, Inc. Mailing Address P. O. Box 420012 City Naples State FL Zip 34110 PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Naples Park Unit Section Twp. Range _ 2 Lot (s) 10 Block (s) 17 _ Property I.D. # 625703200092 Metes & Bounds Description: N/A Application for Variance Petition - 8/98 OffOn 2 1999 Page 2 of 8 '' /1 Address of Subject Property: (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: RMF -6; Single Family Dwelling Unit and accessory uses and structures Adjacent Zoning & Land Use: ZONING N R1ViF -6 S RMF -6 W RMF -6 E RNE -6 LAND USE Single Family dwelling Single Family dwelling Single Family dwelling Single Family dwelling Minimum Yard Requirements for Subject Property:* Front: 25 Comer Lot: Yes ❑ No Side: 7.5 Waterfront Lot: Yes ❑ No Rear: 20 *Pursuant to current RMF -6 regulations under Sections 2.2.5.4.7.1 and 2.2.4.4.4 of the Land Development Code ( "LDC ") Application for Variance Petition - 8198 Pabe 3 of 8 AGENDA ITEM_ NO z JUN 2 ^2 1999 pg•�_ Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The variance being requested is to reduce the side yard setback from the otherwise required 7.5' to 17, along the western property line, for an existing wall with a screened enclosure attached to the dwelling unit. The location of the wall and screened enclosure are depicted on the Survey, Exhibit "A ". The house was built by a Mr. Jeff Baraskiva pursuant to building_ permit 483- 01721. A Certificate of Occupancy ( "C.O. ") was issued on January 7, 1985. In 1985, Mr. Baraskiva conveyed the house to another person. The Petitioners purchased the property in April, 1991 from Laurier Pelletier. The Petitioners have not made any additions to the exterior of the house since purchasing it in 1991. As described by neighbors who watched the house being built between 1983 -1985, the wall . and screened enclosure involved in this petition were constructed as part of the original construction of the house (see Exhibit `B "). Based upon this information, it is believed that the wall and screened enclosure were constructed at the same time as the house and thus were present when the C.O. was issued in 1985. JUN 2 2 1999 Application for Variance Petition - 8/98 Page 4 of 8 1 Pg,_ Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1 -8). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. See Attached Narrative 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre - existing conditions relative to the property which is the subject of the variance request. See Attached Narrative 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. See Attached Narrative 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. See Attached Narrative AGENDA ITEM JUN Z 2 1999 Application for Variance Petition - 8/98 Page 5 of Pg. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. See Attached Narrative 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. See Attached Narrative 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. See Attached Narrative 8. Will granting the variance be consistent with the growth management plan. See Attached Narrative AGENDA ITEM � JUN 2 2 1999 Application for \ riance Petition - 8198 Page 6 of 8 // i V driii � VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF COPIES REQUIRED 1. Completed Application 15 1. Completed Owner /Agent Affidavit, Notarized 1 1. Pre - application notes /minutes 15 1. Survey of property, showing the encroachment 1 (measured in feet) 1. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Application fee, checks shall be made payable to - Collier County Board of Commissioners 8. Other Requirements - - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in of this petition. & / pplican /Aged Signature Date JUN 2 2 1999 Application for Variance Petition - 8/98 Page 7 o 8 Pg•�— AFFIDAVIT WeJ, Charles and Sheila Perna being first duly sworn, depose and say that welI am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made apart of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize Anthony P. Pires, Jr. of Woodward, Pires & Lombardo, P. A. to act as our /my representative in any matters regarding this Petition. Signature of Property Owner Charles Perna Typed or Printed Name of Owner signature of Property Owner Sheila Perna Typed or Printed Name of Owner State of Florida County of Collier The foregoing instrument was acknowledged before me th4� day of , 19 b Charles and Sheila Perna who are personally known to me or has produced �1, y C S P y P L� Cle 1 f s as identification. Stephne Lynette Watts MY COMMISSION N CC636726 EXPIRES . :.? April 22, 2001 BONDED TNRU TROY FAIN INSURANCE, INC. of Nogfy Public - State (Print, Type, or Stamp Commissioned Name of Notary Public) t Application for Variance Petition - 8/98 Page Florida) S AGENDA ITEM No z�) JUN 2 2 1999 of 8 PQ.� NARRATIVE FOR VARIANCE APPLICATION CHARLES AND SHEILA PERNA 663 110TH AVENUE NORTH UNIT 2, LOT 10, BLOCK 17, NAPLES PARK As noted above in the Petition, the Petitioners purchased the property in 1991. The wall and screen enclosure were constructed earlier, at the time the house was built, and the Petitioners purchased the property with these improvements in place. The Petitioners did not create this problem. When they bought the house, the Petitioners had a survey performed, utilized a title insurance company and believed that they had hired all of the professionals necessary to properly advise them on their purchase and closing. No one notified or advised the Petitioners that the wall and screened enclosure combination were too close to the property line or violated any setbacks. The cost to remove the screen enclosure and repair the remaining portions of the house is cost prohibitive. It is estimated that this work would cost thousands of dollars. Furthermore, the remaining portion of the screened enclosure at the rear of the house would be rendered non - functional, absent substantial additional construction, resulting in a substantial loss of use and loss of value. The variance requested is the minimum necessary to maintain and retain the existing improvements. Since the structure and improvements have existed on this parcel for over fourteen (14) years, granting the variance will not be injurious to the neighborhood or detrimental to the public welfare, and will be consistent with the growth management plan. In fact, the Petitioners have received support from various neighbors and the Naples Park Property Owners Association, Inc. PernaWarrative AGENDA ITEM N0 JUN 2 2 1999 Pg•�— 5T4 r8 49 2 1 49 2 1 w-m-1 48 2 1 f- 48 49 W 2 l 48 49 2 1 X V'1 7 48 49 1 SUBJECT PROPERTY 4T, 26 27 28 29 30 31 32 33 34 35 36 37 38 17 13 39 12 40 1 42 43 44 45 46 47 48 49 54 25 24 23 22 21 20 19 18 17 16 15 14 11 10 9 8 7 6 5 4 3 2 1 26 27 28 29 30 31 32 33 34 35 36 37 38 1$ 39 40 41 42 43 44 45 46 47 48 49 50 25 24 23 22 21 20 19 18 17 16 15 14 11 10 9 8 7 6 5 4 3 2 1 r24 26 27 28 29 30 31 32 33 34 35 13 12 38 20 110 1 42 43 44 45 46 47 48 49 50 4 No 26 27 28 29 30 31 123M-3 34 35 38 37 38 19 39 40 41 42 43 44 45 46 47 48 49 50 25 24 23 22 21 20 17 16 5 t4 11 9 8 7 6 5 4 3 2 t 26 27 28 29 30 31 32 33 34 35 1 12 38 20 110 41 42 43 44 45 46 47 48 \ nRRro c U60 2627; 25 24 26 27 25 4: 26 1271 25 - i h- w is l 26 27 a� 1- 25 24 40 26 27 28 29 30 31 32 33 34 35 36 37 38 20 39 41 42 43 44 45 46 47 48 49 50 25 24 23 22 21 20 19 18 17 16 15 14 11 9 8 7 6 5 4 3 2 1 13 12 10 U60 2627; 25 24 26 27 25 4: 26 1271 25 - i h- w is l 26 27 a� 1- 25 24 SUBJECT PROPERTY j ` 37 38 39 40 4 42 43 44 45 46 47 48 49 SO 17 14 it 10 9 8 7 6 5 4 3 2 1 13 12 F 14 11 10 9 8 7 6 5 4 3 2 1 13 12 137 3839 40 41 42 43 44 45 46 47 48 49 5-ru � 18 14 it 10 9 8 7 6 5 4 3 2 1 13 12 F WALL AND SCREEN ENCLOSURE m 1U _ LOT 1 D, I � �,cztvE I 4 LD I �'? I DA) JUN 2 2 1999 r ;'r -�? _v Lc 'r / {i17X.Ir 7.'35 WALL AND SCREEN ENCLOSURE m 1U _ LOT 1 D, I � �,cztvE I 4 LD I �'? I DA) JUN 2 2 1999 r April 9, 1999 I live across the street from the home at 663 110th Ave., N. I lived there while. the house was being built for Larry PeIlitier, the former owner. I definitely remember that the screened walkway in question was part of the original construction of the house. It was put up when the house was built. It was not added at a later time. Gail Fox 660 110th Ave., N. Naples Park EXHIBIT "B" .. %.In 1 1 CM No. JUN 2 2 1999 Pg.—.2Z , . 24 April 1999 Board of County Commissioners 3301 East Tantiami Trail Naples, FL 34112 Dear Commissioners, This is to advise you that the Property Owners of Naples Park support Sheila Perna's request for an After- The -Fact Variance for her property at 663 — 1 10 "' Avenue North. Those attending our regularly scheduled monthly meeting on April 13 unanimously signed a petition of support for her request. The Property Owners of Naples Park (PONP) oppose variances that are incompatible with the aims of our group for our community, and will continue to %igorously oppose requests for variances that do not meet the current standards. However, this request is simply common sense and should be granted. Mr & Mrs Perna purchased this home in 1991 which had been built in 1983. The builder had a permit, and built several houses in Naples Park with a screened in side entrance very close to the lot line — well beyond the usual set - backs. Obviously the Planning Department at that time allowed this construction. Long time residents who live across from the house when it was being built attest to the fact that the house was originally built this way. and that the side entrance screening was not added later. The builder even put in an intercom system out at the beginning of the screening as there is a luckaNe door so there is no way to simply walk up to the front door. This irregularity was brought to the attention of Code Enforcement by the neighbor to the west, and is a clear case of retaliation against Mrs Perna who was forced to call Code Enforcement because of the heap of garbage piled up in the neighbor's yard in full view from the front door of the Perna residence. Also, Code Enforcement cited this neighbor previously for parking a large box van on this same side of his property: Code Enforcement officials understand they are merel' being used as a weapon of retaliation, but must follo-�N through on complaints. If Mrs Perna had to tear down this screening .Which is an integral part of the house it would detract considerably from its value, not to mention the loss of aesthetic appeal of the property. Also the screened walkway goes around to the back of the house and is part of the lanai screening. It would be a financial hardship to tear this down, redesign the lanai, and rescreen In the past a number of things were allowed in Naples Park that would not be permitted today but we cannot correct all these past wrongs. We strongly urge you to grant this variance request. Yours truly. Vera Fit z -Ge-, (President Property Owners of'Napies Park P.O. Box 420012 Naples, Fl, 341 10 AGENDA ITEM NO. Z44) JUN 2 2 1999 Pg.�_ y i., :��., .. �.,�� vLiLr anvl�L iiva. -��+ l- VLL1L•1[ k U l.UMML LL UUL May ( 9 , 1999 Collier Cotmty Pkaffiing COMMi55iOU 2800 North Horseshoe Drive Naples, Florida 34104 ire.. ...ns - -,.. a ■r This Application is an aftcer the fact variance of the side yard set back, a distance of 5.8 feet from the required 7.5 feet side yard set bark-, presently at 1.7 feet- My same is Margaret Jeamline Grimy, owner of the property located at 655 -110th Ave. N. abutting the applicant's property on the west side in Naples Park_ I submit that this Application should be denied in the following grounds as it relates to the zoning by -law in quostion. Section 2.7.x.6(4). States that the variance if gated be a minimum variance only. This, requested varimce is major m so fat as the distance required to meet the Code is substantial (5.8 feet) and thus should be denied. Section 2.7.5.6(5). States if the variance a-as granted it would confer on the pedtiQner a special privilege, not granted to other lands, buildings, or structures, in the same zoning district, In this Application the petitioner would receive a privilege thar other applicants would be denied based on the zoning by -Ian thus creating a situation mere other parties would use this as a precedent, a very dangerous precedent indeed. Section 2- 7.5.6(6). States that if the %variance were granted would it be in harmony adth the intent and purpose of the Zoning Code and not be injurious to the neighborhood. I submit it would not be in harmony with the Code, and secondly mould be injurious to the neighborhood. It would set a precedent tbal a petitioner could fiagreatly violate the Zoning Code, by building in This case 1.7 feet from the property line, whereas the side yard set back is 7.5 feet. If this variance were granted it seerns to me that the petitioner is rewarded fb breaking the zoning by-Jaw. criOn 2.7.5.6(81. If this variance were granted to the petitioner it would be inconsistent with the growth managemeat plan for the area My final comment regarding this Application would be to remove the screen mucture, leave the resnan ng concrete block as a fence. 1 make this recommendation as an abutter to the property on the side where the variance to the side yard set back is requested. FNAA Jeaffiine Cady April 5, 1999 TO WHOM IT MAY CONCERN: We live at 672 110th Ave., N. in Naples Park and lived there while the house at 663 110th Ave., N. was being built. As we recall, the screened walkway running along the West side of the property','",as part and parcel of the House and was put up when the house was built originally. SincercIN', Morris Sutton t�rJ Ev(jyn Sutton AGENDA JUN 2 2 1999 Pa' e.24 J Barbara Pedone, County Administrator's Office PUD -98 -13 Collier Tract 21 BCC advertising This petition was sent up for the BCC meeting of June 8th. The petitioner has requested this be heard at thh May 25th meeting. Mau ,reen Kenyon has faxed the ad to the paper for the fay 25th meeting. Please change the BCC date in your records. Thanks. Cecilia Martin, Planning Tech II Current Planning Services cc: Clerk to BCC Adv. File - PUD -98 -13 lv� COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: s- tiQIX Normal legal Advertisement (Display Adv., location. etc.) .. ttw., r� .. :��........�t. : : *,t :r : : :.. ** *.......,eat :.r: .,e....,t,r.,►.s,� ... ., r .. :R. *.se,►,.�.... *... :... :..ef :let.. Originating Dept/ Div: Comm.Dev. Serv./Planning P n: Date Petition No. (If none. give brief description): PUD -98 -13 Petitioner: (Name & Address): Collier Development Corporation. 3003 North Tamiami Trail. Suite 400. Naples, FL 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) K Bruce Anderson. Young, van Assenderp& Varnadce P.A— 801_ Laurel Oak Drive. Suite 300. Naples. FL 34108 _ Hearing befor BC �� BZA Other Requested Hearing date._ r!p! —_ Based on advertisement appeanng 15 days before hearin Newspaper(s) to be used (complete only it t): XXX Naples Daily News Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: Petition No. PUD- 98 -13, R. Bruce Anderson of Young Assenderp & Varnadce P.A., representing Collier Development CoMgration recptesting a rezone from "A" Rural Agriculture to "PUD" and "PUD" to "PUD Planned Unit Development to be known as Collier Tract 21 formerly Beachwavv PUD for a golf caw and accessory and incidental facilities including a clubhouse, 50,000 square feet of C -3 commercial uses and/or a hotel on protxrty located between U.S. 41 on the east and Vanderbilt Drive on the west lying north of 1 I Ph Avenue and south of the Coeohatchee River, in Section 21 Township 48 South Range 25 East. Collier County Florida consisting of 267.44 plus or minus acres Companion petition(s), if any & proposed hearing date: qvetition Fee include advertising cost? E Yes ❑ No If Yes, what account should be charged for advertising cogs: 8312 - 649110 od by: Approved b'y: �— 06 r - `j dead Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary ko review, or regoest for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Ot Ice ❑ Original AGENDA ITEM B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining • * *,► *ttttt : :s : : ** � .stftt��t�t�atttt: tall! ttt* ttttt��r��swwx •s�wttttst »trtwtt�t�ttw *� FOR CLERK'S OFFICE USE ONLY: JUN 2 2 1999 Date Received: Date of Public hearing: Date Advez P9 L_ ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8521N AND 85215; 3Y CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" AND "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT 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 111TH AVENUE AND SOUTH OF THE COCOHATCHEE RIVER, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 267.44+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 90 -45; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing Collier Development Corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 21, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agriculture to AGENDA ITEM No _Z JUN 2 2 1999 Pg• r� F may-Iti -a0 Ie.curm, COLLIER ENTERPRISES 3003 Tamiami Trail, North Realty Group, Inc. Naples, Florida 34103 Telephone (941) 261 -4455 Fax (941) 263 -3849 TELECOPIER COVER LETTER DATE: 5 `{ 9 TIME PACrF, 1 OF FAX TO: COMPANY. FAX #: L i g VOICE #: FROM: t.2 COMPANY:, VOICE FAX #: COMMENTS: - �c rage 1/z THE- INFORMATION CONTAINED IN TITIS TRANSMISSION MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED ONLY FOR THE USE OF THE PERSON TO WHOM IT 1S ADDRESSED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECiPTENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION MAY BE STRICTLY PROHIBITED BY LADY, IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE (COLLECT) AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. WE WILL REIMBURSE YOU FOR POSTAGE. THANK YOU AGENDA ITEM No._ � I 13330003.DOC Form 1333 3 JUN 2 2 1999 pg. !gIQ . 'ent By: C.E.REALTY GROUP; 941 283 3849; May -14 -99 12:31PM; Page 2/2 martin _c From: martin _c Sent: Friday, May 21, 1999 10:24 AM To: pedone_b Subject: PUD -98 -13 Collier Tract 21 The above referenced petition was advertised for the May 25`h BCC meeting. The petitioner has requested this petition be heard at the June 22nd BCC meeting. Please reflect the June 22 "d BCC date on the May 25t1 BCC agenda. Thanks. cc:S. Filson M. Kenyon Adv. File JUN 2 2 1999 Pg.� _ From: martin _c Sent: Friday, May 21, 1999 10:24 AM To: pedone_b Subject: PUD -98 -13 Collier Tract 21 The above referenced petition was advertised for the May 251h BCC meeting. The petitioner has requested this petition be heard at the June 22nd BCC meeting. Please reflect the June 22nd BCC date on the May 25'" BCC agenda. Thanks. cc:S. Filson M. Kenyon Adv. File � 1 . JUN 2 2 1999 PQ.� Johnson c From: martin _c Sent: Wednesday, May 26, 1999 2:42 PM To: Maureen K. Kenyon Cc: johnson_c Subject: PUD -98 -13 Collier Tract 21 As you requested the above referenced petition should be readvertised for the June 22nd BCC meeting. AGENDA ITEM t4 Page 1 1 JUN 2 2 1999 iohqdifti c From: martin _c Sent: Thursday, June 03, 1999 4:03 PM TQ^O:�1_1IIJNIT*I L -)KffY WT AND 2500 NORTH HORSESHOE DRIVE CcHNVIRON,NI TAq-n.'-;ERq #'�SbDIN'ISIO;�, NAPLES. FLORIDA 34104 Subject: PUD -98 -13 Collier Tract 21 The petitioner has requested this petition be readvertised for the August 3 d BCC meeting. The advertising was sent up for the June 22nd BCC meeting. Thanks. ITEM Vincent A. Cautero. Administrator page 1 (9 �9 PQ.�� martin _c From: martin c Sent: Thursday, June 03, 1999 4:04 PM To: Maureen K. Kenyon Cc: johnson_c; pedone_b Subject: PUD -98 -13 Collier Tract 21 The petitioner has requested this petition be readvertised for the August 3`d BCC meeting. The advertising was sent up for the June 22nd BCC meeting. Thanks. (014195 U b No.� JUN 2 2 1999 ant By: COLLIER ENT.REALTY; 941 263 3849; Jun -4 -99 11:24AM; Page 2/2 EXECUTIVE SUMMARY PETITION NO. CU- 984E, TERRY KEPPLE REPRESENTING CROSSROADS COMMUNITY CHURCH REQUESTING A ONE YEAR EXTENSION OF CONDITIONAL USE "7" AND "11" IN THE "A" AGRICULTURE ZONING DISTRICT TO ALLOW FOR A HOUSE OF WORSHIP AND A DAY CARE FACILITY THAT HAS PREVIOUSLY RECEIVED CONDITIONAL USE APPROVAL, FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF VANDERBILT BEACH ROAD AND THE LIVINGSTON ROAD EXTENSION, IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST. OBJECTIVE: This petitioner is requesting the first of three (3) allowable one year extensions of conditional use "7" and "11" of the "A" Agriculture zoning district to allow for a church facility and day care facility. CONSIDERATIONS: Section 2.7.4.5. of the Collier County Land Development Code (LDC) requires that the conditional use extension be applied for before the expiration date of the previous conditional use approval, the applicant has made a request for extension based on the following information. The approved development order (Resolution 98 -236) for the conditional use remains consistent with all elements of the GMP and in particular the Future Land Use Element which provides for churches and other community facilities such as day care as conditional uses in the agricultural zoning district. The subject 10 acre site was approved for a 1,200 seat church and a 200 student day care facility. A site inspection by staff indicates that there have been no significant changes to the approved zoning on the surrounding properties since this conditional use was approved. Correspondence from the owners agent advises that members of the church are actively pursuing the steps essential to initiating construction of the church, as represented by correspondence from the agent for this church, a copy of which is included with this executive summary. FISCAL IMPACT: This conditional use extension is only for the first of three (3) allowable one year extensions of conditional use "7" and "11" of the "A" Agriculture zoning district. No additional floor area or increase in day care students are proposed. Therefore, this amendment by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property received conditional use approval. In addition, the County collects impact fees prior to the issuance of building permits to help off -set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service ---� for public facilities. In the event that impact fee collections are inadequate to maintain of service, the County must provide supplemental funds from other revenue sources ord� needed facilities. ' Na JUN 2 2 1999 PB•_.L -- GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the requested first extension be granted for Petition No. CU -98 -4 in accordance with the attached Resolution and Exhibits thereto. PREPARED BY: R_AY 9LLOWS, PRINCIPAL PLANNER DATE ;CURRENT PLANNING SECTION IEWED ALD F. NINO, AICP, MANAGER DATE CURRENT PLANNING SECTION R ERf J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT APPR BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. CU- 98- 04E /RVB /rb pro-/L4 2 I JUN 2 2 1999 CROSSROADS COMMUNITY CHURCH 2057 Trade Center Way Naples, F134109 USA Phone (941) 514 - 3620 E' r (� D Fax (941) 514 - 7273 (call first) L` 7M4y 2 7 1999 May 24, 1999 Mr. Raymond V. Bellows COLLIER COUNTY GOVERNMENT Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 C.0 98_ 04 V, RE: Extension of Petition No. CU -984, CrossRoads Community Church Dear Mr. Bellows, Enclosed find a check for $175.00 for extension of the conditional use. Work is in progress on the site engineering, building design, water management system, and other engineering designs by Terry Kepple, Kepple Engineering, (941) 403 -1780. If you have any questions contact our office or myself at 598 - 2777. Sincerely yours Merlin Angstrom Chairman Church Building Committee cc; Dr. Neno J. Spagna Florida Urban Institute, Inc 3850 27th Ave. SW Naples, FL 34109 Terry Kepple Kepple Engineering 3806 Exchange Avenue Naples, FL 34104 R (SAY 2 5 '1994 AGENDAI- JUN 2 2 1999 Pa. 3 RESOLUTION 99- RELATING TO PETITION NO. CU -98 -4 FOR EXTENSION OF CONDITIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, 9 FLORIDA cq,p 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 ••b WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on June 23, 1998, the Board of Zoning Appeals enacted Resolution No. 98 -236, attached hereto and incorporated herein, which granted a conditional use pursuant to Ordinance No. 91 -102, for a Church and Day Care Center Conditional Use, on the below described property; and WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board of Zoning Appeals may extend the one (1) year time period for a conditional use which has not been commenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The written request of Terrance Kepple, P.E. of Kepple Engineering, Inc., representing Dr. Neno J. Spagna for the first (P) of three (3) permitted one (1) year extensions, in interest of the following described property: Exhibit "A" is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91 -102), and the expiration date for Resolution No. 98 -236, attached hereto and incorporated herein as Exhibit "B ", and all conditions applicable thereto, is hereby extended for one additional year until June 22, 2000. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and - in the records of the Petition for which the extension is granted. AGENDA ITEM NMI JUN 2 2 1999 Pg,_ This Resolution adopted after motion, second and majority vote. Done this day of 11999. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney CU Isc EXTENSION RESOLUTION BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman -2- AWMA I No. —zz JUN 2 2 1999 Pg. T 1 :I' Y �► Section 31 Range 26 East Township 48 South The Southwest 114 of Southwest 1/4 of Southwest 114 and the West 1/2 of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 Section 31, Township 48 South, Range 26 East, less the South 150' thereof for road right -of -way, Collier County Florida, containing 10 acres more or less. OR 1499, Page 1345. (Generally located on the Northeast corner of the Vanderbilt Beach Road Extension and Livingston Road Extended). EXHIBIT "A" AGENDA ITE/M� NO' Z rT JUN 2 2 1999 Pg. . <n RESOLUTION 98- 236 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CHURCH AND DAY CARE CENTER CONDITIONAL USE "7" AND "11" IN THE "A" ZONING DISTRICT PURSWT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses "7" and "11" of Section 2.2.2.3 in an "A" zone for a church and day care center on the property hereinafter described, and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a 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: EXHIBIT "B" JUN 2 2 1999 -1- Pg. 7 The petition filed by Dr. Neno J. Spagna of Florida Urban Institute, Inc., representing Crossroads Community Church, Inc., with respect to the property hereinafter described as: _w Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "7" and "11" of Section 2.2.2.3 of the "A" zoning district for a church and day care center in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: 1. A copy of SFWMD Permit or Early Work Permit is required prior to final site plan approval. 2. Work within Collier County right -of -way shall meet the requirements of Collier County Right -of -Way Ordinance No. 93 -64. 3. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 4. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. CCLDC. 5. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan /construction plan approval. 6. Substantial competent evidence shall be provided at the time of Site Development Plan (SDP) Review that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. 7. Prior to Site Development Plan Review the petitioner shall be required to review the site plan with the Office of Capital Projects with respect to future right -of -way requirements for Livingston Road and Vanderbilt Beach Road Extension. 8. Site - specific issues, such as turn lanes and street lighting, shall be reviewed and provided for at the site development plan stage. 9. Pursuant to Section 2.2.25.8 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. -2- No. /6Gs»/ JUN 2 2 1999 PQ-__Y_ BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of 1998. < ; ATTEST: DWIGHT E...BROCK; Clerk I Az.L A proved as to Form and Legal Sufficiency: Marj ie M. St dent Assistant County Attorney f /CU -98 -4 RESOLUTION Attest as to Chairman's signature only. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Na Akk4/ JUN 2 2 1999 -3- Pit. q — FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -98 -4 The following facts are found: 1. Section 2.2.2.3.7 and 2.2.2.3.11 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: / Yes C/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and -- control, and access in case of fire or catastrophe: Adequate ingress & dress Yes No C. Affects neighboring properties in relation to noise, glare, eco mic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use with district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (G be recommended r approval _ DATE: IV NIq f CHAIRMAN. EXHIBIT "A" f /CU -98 -4 FINDING OF FACT CHAIRMAN/ No. /6k-Z JUN 2 2 1999 Pg• A� a aaej D1' M •► Section 31 Range 26 East Township 48 South The Southwest 1/4 of Southwest 1/4 of Southwest 114 and the West 1/2 of the West 1/2 of the Southeast 114 of the Southwest 1/4 of the Southwest 1/4 Section 31, Township 48 South, Range 26 East, less the South 150' thereof for road right -of -way, Collier County Florida, containing 10 acres more or less. OR 1499, Page 1345. (Generally located on the Northeast corner of the Vanderbilt Beach Road Extension and Livingston load Extended). JUN 2 2 1999 Pe--Zz-- I , d C ■°iAK° H/Y O v � U w+7 w"oo�ry FFF-�M�•► -= 6 a p 380E Exchange Ave. N.plea, FL 34104 (941) 403 -1780 EXHIBIT "C" I I I I I I I 1 I 1 I I let Ia°I 101 1�1 I I I I I I I 1 1 1 i I I i I 1 I I I .1 t0;1 IAI tool Iwl IOl• I QI I > °I i I I I I I I i I I I I I I t I I — Cross Roads JUN 2 2 1999 PQ - /c;Z_ Y• 7 a Y C a � a ° 71 O O 380E Exchange Ave. N.plea, FL 34104 (941) 403 -1780 EXHIBIT "C" I I I I I I I 1 I 1 I I let Ia°I 101 1�1 I I I I I I I 1 1 1 i I I i I 1 I I I .1 t0;1 IAI tool Iwl IOl• I QI I > °I i I I I I I I i I I I I I I t I I — Cross Roads JUN 2 2 1999 PQ - /c;Z_ Y• 7 HY \ °6 I O tiA .R1 W-4 �r R °'�IIgNM 141�+i 71 O O Y o N f � z --- - - -_ -- "' w ya Ltoislsn•FI amiRi r r Z u 7 a \7CP o c Y w •P ° a r s-f O Y u O O � 4 o° 42 :yea Y"hL � 0 C1 ° O- o � c P J • w u L P a • P.Y. ee° r� GC Y e U 07G O' L I U 111 11111 aoe i MN • a a 6 i N° D w i O O " `L 7 L ►��� s LLLL L l l l L c•� ea �•' ` Y6v °!s Y O �' U �. J*xpe u• P F 7 0 � it fAC Uq< CUC1 ^P O L ,. YZN 4° O N � Y L O. ° O. :. � r < N .N� ^� u vJP-'J L Y "' Cross Roads 11111111 tJ' 380E Exchange Ave. N.plea, FL 34104 (941) 403 -1780 EXHIBIT "C" I I I I I I I 1 I 1 I I let Ia°I 101 1�1 I I I I I I I 1 1 1 i I I i I 1 I I I .1 t0;1 IAI tool Iwl IOl• I QI I > °I i I I I I I I i I I I I I I t I I — Cross Roads JUN 2 2 1999 PQ - /c;Z_ Y• 7 tiA .R1 W-4 �r R °'�IIgNM 141�+i � z "' w ya Ltoislsn•FI amiRi r r u 7 a o c w •P ° s-f O Y u O O � Y s o° 42 :yea ° O- o c P J • w u L a • P.Y. ee° r� GC Y e •ter coo aoe i MN • a a 6 i N° D w i O O " `L 7 L ►��� c•� �•' ` Y6v °!s r < � it fAC Uq< CUC1 ^P O L YZN 4° O N � Y L O. ° O. :. � r < N .N� Master Plan "' Cross Roads 380E Exchange Ave. N.plea, FL 34104 (941) 403 -1780 EXHIBIT "C" I I I I I I I 1 I 1 I I let Ia°I 101 1�1 I I I I I I I 1 1 1 i I I i I 1 I I I .1 t0;1 IAI tool Iwl IOl• I QI I > °I i I I I I I I i I I I I I I t I I — Cross Roads JUN 2 2 1999 PQ - /c;Z_ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF THE SHORES AT BERKSHIRE LAKES, PHASE TWO - A AND APPROVAL THE STANDARD FORM CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT OBJECTIVE: To approve for recording the final plat of The Shores at Berkshire Lakes, Phase Two - A, and approve the standard form Construction, Maintenance and Escrow Agreement. CONSIDERATIONS: The Board of County Commissioners on October 6, 1998 approved the final plat of The Shores at the Preserve at Berkshire Lakes with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. The developer has subsequently changed the name of the project and phased the plat recording. FISCAL IMPACT• The fiscal impact to the County is listed below. The project cost is $506,141.69, to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $88,963.21. The developer has provided a Construction, Maintenance and Escrow Agreement as the required security. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $3348.81 Fees are based on a construction estimate of $506,141.69 and were paid in September, and are reflected in the Executive Summary of 1997. no. /!� JUN 2 2 1999 Pg.- Executive Summary The Shores at Berkshire Lakes, Phase Two - A Page 2 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION• That the Board of County Commissioners approve the final plat of "The Shores at Berkshire Lakes, Phase Two - A ", with the following stipulations: 1) Accept the standard form Construction, Maintenance and Escrow Agreement as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "The Shores at Berkshire Lakes, Phase Two - A". 3) Authorize the Chairman to execute the Construction, Maintenance and Escrow Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager Robert Mulhere, AICP Date Planning Services Department Director APPROV ,TSY �ow �i � -� -�� Vincent A. Cautero, AICP, Administrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JRH NM Z- JUN 2 2 1 2-199 ft. 02 SERVICE STATION r4APLES GOLDEN GATE 1U8� SE UNIT n 29 _ CITY 29 m UNI T 30 8 27 0 26 m M PAWWAY (C L go) `Z PARKWAY CENTER — GOLDEN GATE HON SHIRE LAKES LAKE HEALTH PARK R26E CITYGATE SERVICE STATION r4APLES GOLDEN GATE 1U8� SE UNIT n 29 _ CITY 29 m UNI T 30 8 27 0 26 m M PAWWAY (C L go) `Z PARKWAY CENTER — GOLDEN GATE HON SHIRE LAKES LAKE HEALTH PARK CITYGATE INTERSTATE - 75 32 �� - 31 33 � WKTE LAZE ~ I MUSTRiAL PARK TH£ SHCR£S AT PARK MR CR£EN PLOD TOLL GA RADIO ROAD (C -R- 856) HERON CC�,I►dERQAL PLAZA WOODSIDE lAlll LANES LAKES BR£TONNE BERKSHIRE TYIIEL wESTroRT O PARK LAKES a CENTER 5 4 3 2 NAPLE L� ESTATI S NAPLES GOLF ESTATES T P / DAMS BOU ARD EXT. z (S.R. 84) CL IE p SHOPPES NAPLES GOLF ANO HE7bTACE TRY CLUB ALUN SANTA ATERS BARBARA J NAPLES NATIONAL m GOLF CLUB 10 11 CROWT NTE U AGENDA I • JUN 2 2 1099 = TICa-INITY Al n .. NOT TO SCALE _ ,` - _: t : <' Pg. EXECUTIVE SUMMARY ASSIGNMENT AGREEMENT FOR EASEMENT PELICAN STRAND /CARLTON LAKES INTERCONNECTION OBJECTIVE: The Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, to accept the conveyance of the Assignment Agreement for the easement for water and sewer facilities. CONSIDERATIONS: 1) The Developer of Pelican Strand /Carlton Lakes Interconnection, has constructed the water and sewer facilities within platted easements to serve this development. See attached location map. 2) The Assignment Agreement for the easement has been reviewed by the County Attorney's office for legal sufficiency. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water -Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and the North Regional Wastewater Treatment Plant. This project will not create a new impact, as it was planned for within facilities available at present. RECOM54ENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, accept and sign the Assignment Agreement for the easement for Pelican Strand /Carlton Lakes Interconnection. JUN 2 2 1999 pg. Executive Summary Pelican Strand /Carlton Lakes Interconnection Page Two PREPARED BY: • - __,- Shirley Nix, Engineering Technician II Engineering--Review Services REVIEWED BY: ,;;:2► u I r rar L. • Thomas E. Kuck, P.E. Engineering Review Services Manager Robert Mulhere, AICP Planning Services Department Director APPROVED BY: Vincent A. Cautero, AICP, Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date 3 99 Date Date 6- 'r --`I-�l Date sUN 2 2 1999 This instrument prepared by and after recording return to: Leo J. Salvatori, Esq. Quarles & Brady LLP 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 ASSIGNMENT For and in consideration of the sum of $10.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, PELICAN STRAND, LTD., a Florida limited partnership, does hereby convey unto the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, all of its right, title and interest in and to that certain 15 -foot wide private utility easement which is located over and across the common side boundary by and between Lots 15 and 16, Tract 5, Pelican Strand Replat - 1B, according to the plat thereof, recorded in Plat Book 29, Pages 23 through 27 inclusive, of the Public Records of Collier County, Florida, for its use consisent with the dedications set forth in said plat. d1-- IN- WITNESS WHEREOF, the undersigned has set its hand and seal this zG day of 1999. Signed, sealed and delivered in our presence as witnesses: PELICAN STRAND, LTD., a Florida limited partnership, v °f M0 By: (Corporate Seal) My Comm t> - 1 i; NOTAkv o Bonded ey Service Ins PELICAN ST DEVELOPMENT m vuBUC n V%7944 y,t,w" I oihr I D. CORPO ON. , a F rida corporation as Gene Partner l Witness eil Do rill, as President Print N Below• 5800�Stran Boulevard Naples, Florida 34110 Witness #2 Print Name Below: �'4"Pc i .,�i /y? ; % AGENDA ITEM N& JUN 2 2 1999 QnNAF1175243.1 PQ. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ZG day of ' , 1999, by W. Neil Dorrill, as President of PELICAN STRAND DEV LOPMENT CORPORATION, a Florida corporation, as General Partner of PELICAN STRAND, LTD., a Florida limited partnership, who is personally known to me. My Commission Expires: ivies -. T A. BT'RAU9 fQ or onded By W*V N s PUBUC!�� M. Qcww �� Pemonaty Known l 1 Ofih 1.�• Al� NOTW PUBLIC (SEAL) rintlXame belo Notary Public Serial # (if any) AGENDA ITEM No._,. JUN 2 2 1999 ACCEPTANCE Accepted by Collier County this day of , 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA : Attest: Dwight E. Brock, Clerk Deputy Clerk Approved as to Form and Legal Sufficiency By: o V'^. PW144—� Assistant County Attorney Pamela S. Mac'Kie , Chairwoman JUN 2 2 1999 QBNAP \1 75243.1 3 PQ. EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE EXCAVATION PERMIT NO. 59.59$(Mod.) AUTUMN WOODS LOCATED IN SECTION 3, 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST: BOUNDED ON THE NORTH BY CALUSA BAY PUD, ON THE EAST BY THE CROSSINGS SUBDIVISION AND PINE RIDGE INDUSTRIAL PARK, ON THE SOUTH BY PINE RIDGE MIDDLE SCHOOL AND ON THE WEST BY GOODLETTE -FRANK ROAD R/W. OBJECTIVE: To issue Excavation Permit No. 59.598 (Mod.) for Autumn Woods in accordance with County Ordinance No. 91 -102 as amended, Division 3.5. CONSIDERATIONS: The petitioner proposes to obtain a commercial excavation permit to allow fill material totaling 50,000 C.Y. to be hauled off -site. FISCAL IMPACT: The fiscal impact to the County is none. The County will realize revenues as follows: Fund: 113 Community Development Fund Agency: County Manager Cost Center 138900 - Development Services Revenue generated by this project Total $5,574.00 The breakdown is as follows: a) Excavation Review Fee - $ 850.00 b) Excavation Permit Fee - $ 701.00 c) Road Impact Fee - $ 4,023.00 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.598(Mod.) for Autumn Woods with the following stipulations: 1. The excavation shall be limited to a bottom elevation of -11.0 ft. NGV> areas proposed for lake excavation shall be excavated to a minimum depth of 1.0 1999 1 1 _Z____ 2. Off -site removal of material shall be limited to 50,000 C.Y. and shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached). 3. The lake littoral zone shall be created and planted as indicated on the Plan of Record. 4. In order to ensure a minimum eighty percent (80 %) coverage of littoral zone planting areas, a performance guarantee, based on a cost estimate to replace the original installed littoral zone plants, will be required upon completion and acceptance of the excavation (Land Development Code 3.5.7.2.5). No Certificates of Occupancy will be issued until this performance guarantee is submitted. 5. All provisions of Collier County Ordinance No. 91 -102, Division 3.5 shall be adhered to. 6. Where groundwater is proposed to be pumped during the excavating operation, A Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. 7. No blasting will be permitted unless issued a separate permit by Collier County Engineering Review Services. 8. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, is required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence, 9. A 20 ft. maintenance easement shall be provided around the perimeter of the lake and a 20 ft. access easement to it shall be provided from a right -of -way. The easement shall be accessible to all maintenance vehicles. 10. Stockpile side slope shall beat a maximum of 4:1 unless fencing is installed around the entire perimeter of the stockpile area. 11. Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion control devices installed. AGENDA ITEM No. /Z C�!) 5" JUN 2 2 1999 2 1 Pg. o'L PREPARED /B S A EAL, P.E., S NIOR ENGINEER ENGINEERING REVIEW REVIEWED BY: ys TOM KUCK, P.E. ENGINEERING REVIEW MANAGER DATE DATE ROBE T J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROY�D.,BY: VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Permit No.59.696 EX SUMMARY/SS AGENDA ITE NO. JUN 2 2 1999 Pg, -3f COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF -SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off -site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91 -102 as amended Div. 3.5 and Right -of -Way Ordinance No. 93 -64. 3. Off -site removal of excavated material shall be subject to Ordinance No. 92 -22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off -site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92 -22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off -site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B" Page One of Two SUN 2 2 1999 Pg. %___ - 6. Based on soil boring information per Ordinance No. 91 -102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off -site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91 -102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size /depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off -site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off site impacts, meeting of applicable provisions of Ordinance No. 93 -64, Ordinance No. 92 -22, and Ordinance No. 91 -102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two I JUN 2 2 1999 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN LAKE RV RESORT, PHASE ONE" OBJECTIVE• To grant final acceptance of "Pelican Lake RV Resort, Phase One" CONSIDERATION• 1. On September 9, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Lake RV Resort, Phase One ". 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT• The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None JUN 2 2 1999 Pg. l Executive Summary Pelican Lake RV Resort, Phase One --� Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Lake RV Resort, Phase One" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: r. John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWE BY: Thoma E. Kuck, P.E. Date Engineering Review Manager Rebert Mulhere, AICP Date Planning Services Department Director APPROVED BYE Vincent A. Cautero, AICP, Administrator Date Community Dev. and Environmental Svcs. jrh JUN 2 2 1999 Pa. d 1 ` ' R ; T S 4 2 1 H J4 i -tea: _. ; - � • -u`• . lVtsad HENDERSON CREEK `t ` _7 DELIMITED AREA . • "'� • Il L - _ J Est Pop. 7w Lca 13 ;:'�::�'�� �:: � ��• �� •:- :•-�: m=il � �� �t ,i -- Shill stand — Old Marco Junction ' ':' '' '3 .yam ,�e.r+% ~a13. C. � .r:_ � ��ar � �rra.� _` • Arc — —�_ r►ar __ - C�• 11MBRELL;A —_ - • • - - — -aim: •Ji.`C .:.. ._... '•'1: C :_::7_V)1• ..« ♦� • _ _ k ... . _ ARCOr''(;S•f'+c AL 1.F' t1�.: -_ - .. _ 3.x.7 �:.:.:� ._ t.;, ;. . -.' ''I•� R?ri.p T ^,...� A L ggi�ll. ;1�!�' ':�Y. •per - "= „yam j� J �.:�CTCO.;► :.a.?�•i. .#P•. iSL/�►ND-� PROJECT NAME: SOUTHWOODS PUD PROJECT LOCATION: COLLIER COUNTY, S15 /T51S /R26E EXHIBIT I-•- .. _ AGENDA ITEM No� JUN 2 2 16999 pg. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 99- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN PELICAN LAKE RV RESORT, PHASE ONE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on January 14, 1997 approved the plat of Pelican Lake RV Resort, Phase One for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91 -102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97 -17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Pelican Lake RV Resort, Phase One, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: LL � L �-- Heidi F. Ashton Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN AGENDA ITEM Na /t /, JUN 2 2 1999 pg., :_ 110_ EXECUTIVE SUbMARY FINAL ACCEPTANCE OF THE SEWER FACILITIES ACCEPTANCE FOR ST. ALBANS APARTMENTS OBJECTIVE: The Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of St. Albans Apartments, has constructed the sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on January 30, 1998, in accordance with Ordinance 97 -17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal '~ sufficiency. 4) The sewer facilities have been operated and maintained by the Collier County Water -Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Performance Bond No. SUN - 330535 in the amount of $11,555.95, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The sewer facilities were constructed without cost to the Collier County Water -Sewer District. The cost of operating and maintaining the sewer facilities will be paid by monthly user revenues. ra /6Cl--/)6 JUN 2 2 1999 Pg. / - Executive Summary St. Albans Apartments Page Two GROWTH MANAGEMENT IMPACT: This project has been connected to the South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, accept the sewer facilities for St. Albans Apartments, and release the UPS to the Project Engineer or the Developer's designated agent. PRE PARED .BY : Shirley Nix, Engineering Technician II Engineering Review Services REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager obe t Mulhere, AICP Planning Services Department Director APPROVED B)�': Vincent A. Cautero, A COMMUNITY DEVELOPMENT ministrator AND ENVIRONMENTAL SERVICES Date Date �_ 2-- Date - 6 `7 -F 7, Date AGENDA ITEM No /Z (Wi �, JUN 2 2 1999 Pg.__2_?_ r h cD a r d r -. x H ti H O z H C!] d fD n o� N O �O O7 W C). OH t11 O x G a Qr n N l.� r a c C� tr. O n 9 fD r ro r, 0 a n G n w 0 0 �T V r }a � AIRPORT—PULLING ROAD SO rn LIVNGSTON Am M �TATE 75 AGFNDAlTEM JUN 2 2 1999 Pg. �% UTILITIES PERFORMANCE BOND NO. SUN- 330535 KNOW ALL PERSONS BY THESE PRESENTS: that TRG Naples, Ltd. 2828 Coral Way, Penthouse Suite, Miami. Florida 33145, and Hartford Fire Insurance Company. Hartford Plaza, Hartford, CT 06115, are held and firmly bound unto Collier County, Florida. in the total aggregate penal sum of Eleven Thousand Five Hundred Fifty -Five & 95/100 Dollars ($11,555.95) 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. Owner entered into a certain Utilities Facilities Construction Contract, dated the 24th day of November, 1997. a copy of which is hereto attached and made a part hereof, and WHEREAS Countv has a material interest in the performance of said Contract: and WHEREAS County has adopted Ordinances and Resolutions (hereinafter "Land Development Regulations ") concerning Owner's obligation to County regarding the construction conveyance and warranty of water and wastewater facilities at the La Costa Naples constructed within the unincorporated area of Collier County; NOW, THEREFORE. if Owner shall well, truly and faithfully perform its obligations and duties to County under said Land Development Regulations and all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by Owner. with or without notice to the Surety and during the guaranty period established by County. and thereafter, and if Owner shall satisfv all claims and demands incurred under such contract, and shall fully indemnify and save harmless County form all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which 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 charge, extension of time, alterations or additions to the terms of the contract or to work to be performed there or the specifications accompanying same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the Owner and the Surety to the full and faithful performance of the contract as so amended. The term "Agreement." wherever used in this bond. and whether referring to this bond, the Contract or other documents shall incl _ W AGENDA ITEM alterations, addition or modification of any character whatsoever. JUN 2 2 1999 Pg. ?` IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed this 24th Day of November. 1997. TRG NAPLES. LTD. Before me, the above signed authority, personally appear is .rc this 24th day of November, 1997. otary Pu �S GARCIA L My Commis gW BLIC STATE OF FLORIDA COMMISSION NO. CC449482 MY COMMISSION EXP. MAR. 29,1999 HARTFORD FIRE INSURANCE COMPANY Printed Name Before me, the above signed authority, this 24th day of November, 1997. Man, C. eves. Attorney -in -Fact HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a corporation duty organized under the taws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, does Hereby make, constitute and appoint BRL7T ROSElYHAUS of ALTAM0A7T SFRINGS, fZORIDA KEVIN WO ' 1J6�--Dr , ONDA CHARD SJ. MELSO MARYC. ACEVES D. CHAEL S7Z'VENS and WARRL AKES, FLORIDA its true and lawful Attorney(s)-in-Fact with full power and authority to each of said Attomey(s )-in -Fact. in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeirg the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)4n-Fact may do in pursuance hereof. This power of attorney is granted by and under authority of the following provisions: (1) By -Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on -the 9th day of Marsh, 1971. ARTICLE IV SECTION 8. The President or any Vice- President, acting with any Secretary or Assistant Secretary, shad have power and authority to appoint: for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Vroe Residents, Resident Assistant Secretaries and Attomeysin -Fad and at any tene.to remove any such Resident Vice- President. Residert Assistant Secretary, or AKomey4n -Fad, and revoke the power and authority given to him. SECTION 11. Attorneysin -Fad shall have power and authority, subled to the temis and limitations of the power of attorney issued to them to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings. and other writings obigaWy in the nature thereof, and any such instrument executed by any such Attomey-infad shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested by one other of such Officers. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 12th day of February, 1993. flaw*Ad. flat Vie sgnaAaes of such Ofterm and the seal or the Corrwrf may to armed to any such power of =Xney or to any ovirficate heiaarp erreho by bownle. and any such power of ailiuroy or owlifiate twrng sucrr facsimile sgnenras or beeirrraue sal OW be valid aM binding upon the company and arty such power so mor and a rsaed try facorrWe sgnownis and I ,, wo area be valid and biMeq upon she Compary w are tutu a wrm respect to any bond or w0ertaking b wnsri it s aarkihed. In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Vk*- President, and its corporate seal to be hereto affixed, duty attested by its Secretary, this 1st day of May, 1995. Atlaat HARTFORD FIRE INSURANCE COMPANY —04G/ 4aoe- Frchard R tlarnhsrtaon Saorefary STATE OF CONNECTICUT Paul L. Marabefla COUNTY OF HARTFORD I a< Ves- President On this 1st day of May, A.D. 19%, before me personally came Paul 1_ Marabells. to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut: that he is the VkwPresident of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the a" affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF CONNECTICUT ' �T�►� * L��i^ CitC%•�s� sa • \�'uRta /• .Man M. woatak COUNTY OF HARTFORD —� My Cenerwnorr Exaas Juhe 90, t ass f R71F1CATi r 1, the undersigned, Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that the Resohutions of the Board of Directors, set forth in the Power of Attorney, are now in force. Sk rled and sealed at the City of Hartford. Feu. S41W-9 (RF) Prbmd in U.S.A. Dated the 24th day of November r Rdbe1 L. Post S--Wv 19 97 r AGENDA ITEM Na /Z- (') � JUN 2 2 1999 P &. EXECUTIVE SUMMARY BUDGET AMENDMENT FOR THE SHELLABARGER PARK INFRASTRUCTURE IMPROVEMENT PROJECT. OBJECTIVE: To have the Board of County Commissioners, approve a budget amendment for the 1996 CDBG Shellabarger Park Infrastructure Improvement project. CONSIDERATIONS: There have been several erosion failures along El Paso Trail since the Shellabarger Park project has started. Upon review of the drainage swales at Shellabarger Park, it was found that seeding the swale sides alone in some places was not enough protection from rainwater erosion. The project engineer agrees with the contractor that installing additional sod along the swales in these problem areas will greatly decrease the risk of losing any newly paved roadway due to excessive rains. Since the rainy season is quickly approaching, staff feels that placing additional sod along the drainage swales would be advantageous for the protection of the new roadway as well. The contractor will install approximately 3,462 square yards of sod to help alleviate this problem. The total cost for the installation of this additional sod will be $4,500.00 exactly. FISCAL IMPACT: This amendment will transfer $4,500 from the Reserve Contingency object code in the Housing & Urban Improvements Grants Fund 121, into the Road and Bridges object code of the same fund. GROWTH MANAGEMENT IMPACT: This is not a growth management issue because the road being paved with these funds (El Paso Trail) is an existing dirt road. Transferred funds into the Shellabarger Park, "Road & Bridges" line item will help make infrastructure improvements to this road. RECOMMENDATION: That the Board of County Commissioners approve the transfer of the requested funds from the designated line items to the objects codes requested in the Bure endment r�eque%st�fo SUBMITTED BY: ` Y� �%' Date: 4� a � REVIEWED BY: APPROVED BY: Housing and Urban Improvement Greg Director Urban Im Date: Date: (� — 9 " � 7 Vince A. Cautero AICP, Administrator Community Development & Environmental Services AG! I= N o. // A= JUN 2 2 1999 EXECUTIVE SUMMARY AN APPLICATION FOR A COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TRIP GRANT FOR 1999 -2000. Objective: To submit an application to the Commission for the Transportation Disadvantaged for a grant for the provision of trips provided through the Transportation Disadvantaged Program during the fiscal year beginning July 1, 1999. Considerations: As the Community Transportation Coordinator, Collier County now makes the annual application to the Commission for the Transportation Disadvantaged for a grant to cover a portion of the operating expenses of the Transportation Disadvantaged Program. The selected management entity will invoice the Commission monthly for approximately one twelfth of the total amount granted. Fiscal Impact: The application will secure a grant in the amount of $358,284. The local match figure indicated, $38,809, has traditionally been exceeded by the annual contribution by the County to the program (last year set at $100,000). Growth Management Impact: None. Recommendations: Staff recommends that the Board of County Commissioners authorize the Chairwoman to sign the attached grant application. Prepared by: Date: Gavin Jones, P.E., ransportation Planning Manager Reviewed by: c Die: obert ulhere, C AIP, Planning Servies Director Approved by: C/` Date: Vincent A. Cautero, AICP, Community Development & Environmental Services Administrator AGENDA ITEM JUN 2 2 1999 pg. EXHIBIT A COMMISSION FOR THE TRANSPORTATION DISADVANTAGED GRANT APPLICATION INFORMATION FORM CONCERNING THE TRIP/EQUIPMENT GRANT PROGRAM 1. DATE SUBMITTED: 2. 3. 4. 5. 6. 7. 8. 9. LEGAL NAME OF APPLICANT: Collier County FEDERAL IDENTIFICATION NUMBER: 59- 6000558 ADDRESS: 3301 East Tamiami Trail CITY AND STATE: Naples, Florida ZIP CODE: 34112 CONTACT PERSON FOR THIS GRANT: Gavin Jones PHONE NUMBER: 941- 403 -2400 FAX NUMBER: 941 - 643 -6968 E -MAIL ADDRESS: gavinjones(a)colliergov.net PROJECT LOCATION (County(ies): Collier County 10. PROPOSED START DATE: 07 -01 -99 ENDING DATE: 06 -30 -00 I 1 a. ESTIMATED PROJECT FUNDING: 11 b. PLANNING FUNDING ALLOCATION TRANSFERRED TO TRIP GRANT State $ 358,284 State $ Local $ 39,809 TOTAL $ 398,093 I lc. VOLUNTARY DOLLARS REQUESTED State $ Local In -Kind TOTAL $ Trip & Equipment Grant Application 1999/2000 Grant Application Page Form Rev. 5/19/99 )UN 2 21999 pg.—,2 12. I hereby certify that this document has been duly authorized by the governing body of the applicant, and the applicant intends to complete the project, and to comply with any attached assurances if the assistance is awarded. Pamela S. Mac'Kie. Chairwoman TYPED NAME OF AUTHORIZED REPRESENTATIVE AND TITLE SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE APPROVED AS TO FORM AND LEGAL SUFFICIENCY David C. Weigel, Co Attorney ATTEST: DWIGHT E. BROCK, CLERK am 13. NOT REQUIRED IF ONLY TRIPS ARE PURCHASED I hereby certify that this grant has been reviewed and approved in its entirety by the County Coordinating Board. COORDINATING BOARD CHAIRPERSON'S SIGNATURE DATE Trip & Equipment Grant Application 1999/2000 Form Rev. 5/19/99 NO.-ZAZL2 Grant Application Page . UN 2 2 1909 Pg. � EXHIBIT B PROPOSED PROJECT AND FUNDING I. Project Description and Cost A. Non - sponsored trips $ 398,093 B. Capital equipment 1. $ 2. $ 3. $ C. Contingency $ Total Project Cost $ 398,093 II. Funding Participation A. Commission for the Transportation Disadvantaged State Funds ( %) $ 358,284 B. Cash Local Match ( %) $ 38,809 C. Voluntary Dollar Contributions D. Match for Voluntary Dollar (If in -kind, so state with monetary value) E. Total Project Cost $ 398,093 III. Estimated cash -flow of FY 99/00 STATE grant funds only ($ x 1000) Only complete this section if desired cash flow is different than one twelfth of state funds per month. Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY99 /00 FY00 /0l Trip & Equipment Grant Application 1999/2000 Grant Application Page Form Rev. 5/19/99 AGENDA ITEM Na_/_-Z JUN 2 2 1999 3 PQ. EXHIBIT C RESOLUTION NO. 99- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (APPLICANT), HEREINAFTER BOARD, AUTHORIZING THE FILING OF A TRANSPORTATION DISADVANTAGED TRUST FUND GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED. Whereas, this BOARD has the authority to file a Transportation Disadvantaged Trust Fund Grant Application and to undertake a transportation disadvantaged service project as authorized by Section 427.0159, Florida Statutes, and Rule 41 -2, Florida Administrative Code; NOW, THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners that: The BOARD has the authority to file this grant application. 2. The BOARD authorizes Pamela S. Mac'Kie, Chairwoman to file and execute the application on behalf of the Collier Countv Board of County Commissioners with the Florida Commission for the Transportation Disadvantaged. 3. The BOARD'S Registered Agent in Florida is David Weigel, County Attomev The Registered Agents address is 3301 East Tamiami Trail. Naples, Florida. 34112 4. The BOARD authorizes Pamela S. Mac'Kie. Chairwoman to sign any and all agreements or contracts which are required in connection with the application. 5. The BOARD authorizes Gavin Jones to sign any and all assurances, reimbursement invoices, warranties, certifications and any other documents which may be required in connection with the application or subsequent agreements. DULY PASSED AND ADOPTED THIS DAY OF ATTEST: DWIGHT E. BROCK. CLERK By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: David C. Weigel, Co ty Attorney Trip & Equipment Grant Application 1999/2000 Form Rev. 5/19/99 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: PAMELA S. MAC'KIE, CHAIRWOMAN No. JUN 2 2 1999 Grant Ap ication Page 4 P9. EXHIBIT D STANDARD ASSURANCES The recipient hereby assures and certifies that: (1) The recipient will comply with the federal, state, and local statutes, regulations, executive orders, and administrative requirements which relate to discrimination on the basis of race, color, creed, religion, sex, age, and handicap with respect to employment, service provision, and procurement. (2) Public and private for - profit, transit and paratransit operators have been or will be afforded a fair and timeh., opportunity by the local recipient to participate to the maximum extent feasible in the planning and provision of the proposed transportation planning services. (3) The recipient has the requisite fiscal, managerial, and legal capacity to carry out the Transportation Disadvantaged Program and to receive and disburse State funds. (4) The recipient intends to accomplish all tasks as identified in this grant application. (5) Transportation Disadvantaged Trust Funds will not be used to supplant or replace existing federal, state, or local government funds. (6) Capital equipment purchased through this grant meets or exceeds the criteria set forth in the Florida Department of Transportation's equipment specifications, "Guidelines for Acquiring Vehicles" dated October 1993 (or as updated), "Part 1, Bid Documents," dated July 1995 (or as updated), and "Part 2, Specification Guidelines for Specialized Vehicles," dated July 1993 (or as updated), or criteria set forth by any other federal, state, or local government agency. (7) Capital equipment or consultant services purchased through this grant comply with the competitive procurement requirements of Chapter 287 and Chapter 427, Florida Statutes. (8) Capital equipment purchased with grant funds will be Year 2000 compliant. No purchases without certification from the vendor will be approved for reimbursement. (9) If capital equipment is purchased through this grant, the demand responsive service offered to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. Such service, when viewed in its entirety, is provided in the most integrated setting feasible and is equivalent with respect to: (a) response time, (b) fares, (c) geographic service area, (d) hours and days of service, JUN 2 2 1999 Trip & Equipment Grant Application 1999/2000 Grant Application Page 5 Form Rev. 5 /19/99 PQ� (e) restrictions on trip purpose, (f) availability of information and reservation capability, and (g) contracts on capacity or service availability. In accordance with 49 CFR Part 37, public entities operating demand responsive systems for the general public which receive financial assistance under Sections 5310 or 5311 of the Federal Transit Administration (FTA) have filed a certification with the appropriate state program office before procuring any inaccessible vehicle. Such public entities not receiving FTA funds have also filed a certification with the appropriate program office. Such public entities receiving FTA funds under any other section of the FTA have filed a certification with the appropriate FTA regional office. This certification is valid for no longer than the contract period for which the grant application is filed. Date: ATTEST: COLLIER COUNTY BOARD OF COUNTY DWIGHT E. BROCK, CLERK COMMISSIONERS an APPROVED AS TO FORM AND LEGAL SUFFICIENCY: David C. Weigel, Co y Attorney LIN PAMELA S. MAC'KIE, CHAIRWOMAN ,O. 6 i JUN 2 2 1999 Trip & Equipment Grant Application 1999/2000 Grant Application Pa 6 Form Rev. 5/19/99 Pa. EXECUTIVE SUMMARY Budget Amendment Request to Establish the Metropolitan Planning Organization (MPO) Budget for Grant Year 1999 -00 Objective: To establish the MPO's 1999 -00 operating budget for the grant year which commences July 1, 1999. Considerations: This request is consistent with the MPO's Unified Planning Work Program adopted April 30 , 1999. There is a local match required only on the funds to be used for the purchase of a Transit Operation Plan. Fiscal Impact: The maximum county local match required will be $3,700. The total proposed FY00 budget is $486,500. Growth Management Impact: None Recommendation: Staff recommends the Board approve the Budget Amendment request establishing the MPO program for FY 1999 -00. Prepared by: ;�. -�.� � ti _ ��...,� /-:__ %C ^ Date: Gavin Jones, P.E., Transportation Planning Manager { Reviewed by: i �' - - --- Date: Bob Mulhere, AICP, Planning Services Director Approved by: Date: Vincent Cautero, AICP, Administrator, Community Development & Environmental Services Division AGE� O No JUN 2 2 1999 Planning Services Department/MPO Section Metro Planning - MPO (126) Goals: To perform the transportation planning functions in Collier county as mandated by Federal, State, and local laws. (Federal Law: Title 23 U.S.C.; Federal Regulations: Title 23 CFR Part 450, Subpart C, and 23 CFR Part 500, Subpart E; Fl. Statute. Ch. 339.175 and Ch. 427.015) % Of % of Total Proerams: FTE's Personnel FY 00 Cost Dollars Program Management/Technical Support 1.0 25.0% $78,800 16.6% Administrative and management services to City and County including supervisory technical support services for entire MPO Grant Program. Capital Equipment Purchases Traffic Counters /Software N/A N/A Professional /Technical Support Services 1.0 Delivery of technical and professional planning services to City and County related to computerized traffic modeling, highway capacity analysis and concurrency analysis. Professional Planning Services Delivery of professional planning services related to GIS data development, Growth Management Plan, Transportation Element development, Public Involvement, and Scenic Highways Program. Bicycle /Pedestrian Planning Services Delivery of professional planning services to City and County related to planning and implementation of the County's Bicycle and Pedestrian (pathway) Program. Consultant Services Purchase of planning consultant services related to the Long Range Transportation Plan, the Immokalee Area Mobility Study, the Golden Gate Estates Traffic Circulation Study, the 1 -75 /Golden Gate Parkway Interchange Master Plan, and a Transit Operation Plan. Sub Total Expanded: Senior Engineer: Work loads require the sharing of a senior traffic engineer, who will ensure that site plan access management techniques preserve capacity on the major arterial roads, preserve right of way for road corridors consistent with the Long Range Transportation Plan, and review DRI applications to verify the preservation of concurrency. Grand Total RE N/A 25.0% 25.0% 25.0% N/A 4.0 100.0% 0.2 5.0% 4.2 105.0% $8,100 1.7% $57,400 12.1% $57,200 12.1% $53,800 11.4% $218,200 46.1% $473,500 100.0% $13,000 2.7% 486,500 AGE i No. JUN 2 2 1999 a Pn Performance Measures Actual FY 98 Forecast FY 99 Budget FY 00 1. Act as clearing house for bicycle /pedestrian 500 500 500 public comment % of comments forwarded to appropriate City, 100% 100% 100% County or State agency for follow - up within 3 working days 2. Develop long - range Transportation forecast and 1 1 1 Unified Plan Work Program or Annual Basis % of work program completed annually 100% 100% 100% 3. Number of Site Plans, Preliminary Plats & DRI's 150 200 175 reviewed for consistency with Pathway Improvement Plan. % reviewed within 5 working days 100% 1 100% 95% NcGEM� JUN 2 2 1999 Planning Services Department/MPO Section (Cont.) Metro Planning - MPO (126) This budget does not coincide with Collier County's fiscal year and is given for illustrative purposes only. The budget is presented to and is approved by the BCC through the budget amendment process. Forecast FY 98/99 - Personal services decreased $20,500 due to a vacant position. Current FY 99/00 - Total appropriations in FY 00 are estimated at $473,500. There is a net increase of $46,300 in operating expenses due to an increase in contractual services to be used for the Immokalee Area Mobility Study, the Golden Gate Estates Traffic Circulation Study, the I -75 /Golden Gate Parkway Interchange Master Plan, and a Transit Operation Plan. Capital expenditures include $8,100 for the purchase of four (4) computers and $3,000 for software. Expanded FY 99/00 - This is a reimbursement to Planning Services for shared use of a new Senior Engineer position Revenue FY 99/00 - Including the expanded funding, there is a $76,400 increase in grant revenue. MM-1 0101 JUN 2 2 1999 Pg. _ FY 97/98 FY 98/99 FY 98/99 FY 99/00 FY 99/00 FY 99/00 % Actual Adopted Forecast Current Expanded Total Budget Appropriation Unit Exp /Rev Budget Exp /Rev Service Service Budget Change Personal Services 159,932 193,000 172,500 208,300 0 208,300 7.9% Operating Expenses 91,635 207,800 115,300 254,100 13,000 267,100 28.5% Capital Outlay 19,050 23,500 17,700 11,100 0 11,100 -52.8% Remittance To Other 0 0 0 0 0 0 N/A Reserve 0 0 0 0 0 0 N/A Total Appropriations 270,617 424,300 305,500 473,500 13,000 486,500 14.7% Revenues State Grant 0 10,000 0 0 0 0 - 100.0% Grants 268,228 404,300 348,100 467,700 13,000 480,700 18.9% Naples Share 700 2,900 0 1,400 0 1,400 -51.7% Marco Is. Share 0 0 0 700 0 700 N/A County Share (I 11) 1,800 7,100 0 3,700 0 3,700 -47.9% Total Revenue 270,728 424,300 348,100 473,500 13,000 486,500 14.7% Permanent Positions 4 4 4 4 0 4 0.0% This budget does not coincide with Collier County's fiscal year and is given for illustrative purposes only. The budget is presented to and is approved by the BCC through the budget amendment process. Forecast FY 98/99 - Personal services decreased $20,500 due to a vacant position. Current FY 99/00 - Total appropriations in FY 00 are estimated at $473,500. There is a net increase of $46,300 in operating expenses due to an increase in contractual services to be used for the Immokalee Area Mobility Study, the Golden Gate Estates Traffic Circulation Study, the I -75 /Golden Gate Parkway Interchange Master Plan, and a Transit Operation Plan. Capital expenditures include $8,100 for the purchase of four (4) computers and $3,000 for software. Expanded FY 99/00 - This is a reimbursement to Planning Services for shared use of a new Senior Engineer position Revenue FY 99/00 - Including the expanded funding, there is a $76,400 increase in grant revenue. MM-1 0101 JUN 2 2 1999 Pg. _ EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "BULLARD SUBDIVISION" OBJECTIVE• To grant final acceptance of "Bullard Subdivision" CONSIDERATION: 1. On August 6, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Bullard Subdivision ". 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None t4& 166AIL JUN 2 2 1999 Pg•__._,G- Executive Summary Bullard Subdivision Page 2 RECOMMENDATION• That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Bullard Subdivision" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: J -) ��Aa, A�,, John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: f V 11 w..r v ' I �w~ ri Thomas E. Kuck, P.E. Engineering Review Manager Rbbert Mulhere, AICP Planning Services Department Director APPROVED BY: 41 Vincent A. Cautero, AICP, Administrator Community Dev. and Environmental Svcs. j rh &-q_qq Date Date 6 -�-'�� Date Date JUN 2 2 1999 TRAFFORD FARM ROAD 0 Q 0 >r rn W N W< W LAKE TRAFFORD ROAD N 1 i ( SUBJE CT w w / PROPERTY � VICINITY MAP N. T. S. TITLE C - AAA ITEM T3- " -NT CONTROL POINT) _ 5 /8 --tROD & CAP ._ - STATE OF FLORIDA = N. #4504 - -- COUNTY OF - COLLIER =2 2 1999 i E � MONUMENT _ - - _ . REFERENCE MONUMENT w. ,� = 1, DAVID L. COOK, A DU Y -LICE NS D ATi Rr 7E MONUMENT, 24" LONG.. : .. -. Cl noon �.% iJc - +�,��. .. �_pg: -. .... Wdq- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 99- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN BULLARD SUBDIVISION, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 10, 1996 approved the plat of Bullard Subdivision for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91 -102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97 -17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Bullard Subdivision, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: ^ f V� Heidi F. Ashton Assistant Collier County Attorney By: PAMELA S. MAC'KIE, CHAIRWOMAN AGENDA ITEM N&— f444L JUN 2 2 1999 EXECUTIVE SUMMARY AUTHORIZATION TO EXTEND AN AGREEMENT WITH COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA, INC. OF PEMBROKE PINES, FLORIDA, AS RESEARCH CONSULTANT FOR THE INFORMAL CHALLENGE TO THE U.S. CENSUS BUREAU'S POPULATION PROJECTIONS FOR 1996. OBJECTIVE: To extend the completion date of the contract with Community Redevelopment Associates of Florida, Inc. of Pembroke Pines, Florida, as research consultant for the informal challenge to the U.S. Census Bureau's population projections for 1996. CONSIDERATIONS: On October 6, 1998, the County executed an agreement with Community Redevelopment Associates of Florida, Inc. to assist with an informal challenge to the U.S. Census Bureau's population projections for 1996. This project was to take 120 days to complete. In order to perform this challenge properly, staff had to obtain building records from 1989 through 1997. Unfortunately, when researching the data, it was found that data banks had been purged of records for the year 1989 for the County, and from 1989 to 1993 for the City of Naples. Much of the data had to be compiled using old building and tax records. This took several months longer than anticipated. Currently, all the data has been complied, analyzed, and the report completed. The Informal challenge is ready to be sent to the Bureau of Census. Staff needs to pay the consultant his fee and receive the report. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Funds for this project are available in the General Fund, in the amount of-S 16,000. RECOMMENDATIONS: That the Board of County Commissioners, extend an agreement with Community Redevelopment Associates of Florida, Inc. of Pembroke Pines, Florida, to July 31, 1999. , 1 \ SUBMITTED BY: ate: Donal . Blalock, Jr., Manager Housi g and Urban Improv e REVIEWED BY: Date: 4Hoqsfn Director Urban Improvement APPROVED BY: Date: Vince A. Cautero AICP, Administrator Community Development & Environmental Services AGENDA ITEM '._�� ; APPROVED BY: Date: Steve tarnell,birector JUN 2 2 1999 Purchasing PQ. EXHIBIT E CHANGE ORDER 4ANGE ORDER NO. #1 CONTRACT NO. 1996 Census Challenge Approved by BCC: 10/06/98 Agenda Item:16 (A) 7 TO: Community Redevelopment & Associates of Florida 10221 Taft Street, Suite 2 Pembroke Pines, Florida 33026 -2841 DATE: May 28, 1999 PROJECT NAME: Collier County Census Challenge PROJECT NO.: 1996 Census Challenge Under our AGREEMENT dated October 6, 1998. You are hereby are authorized and directed to make the following change(s) in accordance with terms end conditions of the Agreement: See attached Exhibit E -1 FOR THE (Additive) Sum of ($ -0- ) riginal Agreement Amount bum of Previous Changes This Change Order (Add) Present Agreement Amount IQ $ 15,000.00 plus expenses not to exceed $1000.00 $ 00.00 $ 00.00 $ 15,000.00 plus expenses not to exceed $1000.00 The time for completion shall be (increased) by 147 calendar days due to this Change Order. Accordingly, the Contract Time is now two hundred, sixty -seven ( 267 ) calendar days. The final completion date is July 31, 1999 . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained is our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final Settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay nests. ATTEST: OWNER: Dwight W. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Dated: 07/29/98 8:09 AM PAMELA S. MAC'KIE, Chairwoman AGENDA ITEM No. 16 A) /� JUN 2 2 1999 Pg. "2 1 - - _ -- ga w o?GAnA Sol +s Type /print Witness i By: tl econ Witness /1' VM C� / CA) Ty e /print Witness Approved as to form and Legal sufficiency: Melissa A. Vbsquez Assistant County Attorney CONTRACTOR: COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA, INC. N Signature Martin R. Larsen, President/CEO Typed signature and Title AGENDA ITEM Na AK )/a JUN 2 2 1999 PQ. 3 EXHIBIT E -1 Originally the date of completion for this project was 120 days from its execution date of October 6, 1998. This would have made the completion date February 3, 1999. Unfortunately, due to the difficulty in obtaining certain building permitting data and fire demolition data, the time constraints could not be met. The contractor did not cause this problem and he should not be held to any penalties. The reasons for these delays were caused by County Building Permitting data deletions, which caused staff to reconstruct the building permitting totals for 1989. In addition, the City of Naples building department only had accurate data from 1993 to 1998. Previous years' data had been deleted as well. County staff had to research and reconstruct the building permitting data from old tax records. Finally, the data needed for non - permitted demolition (houses totally destroyed by fire) was very hard to obtain. During that record request from the Fire Department, the County experienced several weeks of severe fires. Getting Fire Department staff to access their records was almost impossible. Finally after several weeks of contacting the State Fire Marshal's office, data was received. Contract Start Date: October 6, 1998 Original Completion Date: February 3, 1999 Additional Time Needed: + 147 Calendar Da New Completion Date: = July 31, 1999 AGENDA ITEM N0. Zj )/2 JUN 2 2 1999 EXECUTIVE SUMMARY A RESOLUTION DESIGNATING COLLIER COUNTY'S COMPREHENSIVE PLAN, AS COLLIER COUNTY'S COMMUNITY DEVELOPMENT PLAN, PERTAINING TO COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS. OBJECTIVE: To have the Board of County Commissioners designate Collier County's Comprehensive Plan as Collier County's Community Development Plan, when applying for Community Development Block Grants. CONSIDERATIONS: Collier County currently has applied for an Economic Development CDBG Grant from the Florida Department of Community Affairs (DCA). If awarded, this grant will pay for the construction of a Manufacturing Facility to be built at the Immokalee Regional Airport. The funds for this grant will come from the Federal Department of Housing and Urban Development (HUD). HUD requires that all applicants adopt a Community Development Plan. Chapter 163, Florida State Statutes, requires that all Florida Counties adopt a Comprehensive Plan concerning Communty Development needs. Because the Comprehensive Plan requirements meet or exceed HUD's Community Development Plan requirements; HUD has agreed to allow Florida Counties to adopt their Comprehensive Plan as their Community Development Plan. This resolution will allow that requirement to be met. If this resolution is not passed, we will not be awarded an Economic Development grant, nor will we be able to apply for other CDBG grants until we do. FISCAL IMPACT: Funds for the construction of the manufacturing Facility will be taken from the Urban Improvements Grants Fund 121. These funds will be replenished 100% by the State of Florida's, Department of Communitv Affairs when Staff submits them for reimbursement, if the grant is awarded. There is $750,000 in the proposed CDBG Fund budqet for FY 00. GROWTH MANAGEMENT IMPACT: The Collier County Growth Management Plan does not include an Economic Element. However, the Board of County Commissioners has identified economic diversity as a Strategic Goal, which will serve to strengthen the economic viability of Collier County. RECOMMENDATION: That the Board of County Commissioners pass a resolution designating Collier County's Comprehensive Plan, as Collier County's Community Development Plan, pertaining to Communi eve, Io nent Block Gr"lications SUBMITTED BY REVIEWED BY APPROVED BY: R. Blalock, Jr, Ma u 'ng and Urba Irr Cam` r Greg fAihalic, Director Housip,� and Urban Irr Date: e -/u ;'� Date: //" — 7% /vin /Z - � Date: Vi cent A. Cautero AICP, Administrator Community Development & Environmental Services No.,,�E FAQ JUN 2 21999 pg. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 RESOLUTION NO. 99- A RESOLUTION DESIGNATING COLLIER COUNTY'S COMPREHENSIVE PLAN, AS COLLIER COUNTY'S COMMUNITY DEVELOPMENT PLAN, PERTAINING TO COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS. WHEREAS, the Florida Department of Community Affairs awards grants through the Small Cities Community Development Block Grant Program of up to $750,000 to qualifying cities and counties for projects that benefit low -and moderate - income persons, aid in the prevention or elimination of slums or blight, or meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and where other financial resources are not available to meet such needs; and WHEREAS, a city or county may apply each cycle for a Community Development Block Grant for Economic Development, Neighborhood Revitalization, Housing, or Community Revitalization based on the documented need for these funds, or the number of jobs created and the amount of private capital leveraged; and WHEREAS, Collier County currently has $750,000 in CDBG Economic Development Grant funds reserved for a project called the Immokalee Regional Airport Manufacturing Facility, located at the Immokalee Regional Airport in Immokalee, Florida; and WHEREAS, The U.S. Department of Housing and Urban Development requires that all Community Development Block Grant applicants have developed and adopted a Community Development Plan that identifies their community development and thousing needs, and WHEREAS, That objective is to develop viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income, and 1 NM 14 JUN 2 2 1999 Pg.__12�_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, On January 10, 1989, the Collier County Board of Commissioners did pass ordinance 89 -05, which established the County's Comprehensive Plan as required by Chapter 163, Florida Statutes, and WHEREAS, The U.S. Department of Housing and Urban Development has authorized the Florida State Department of Community Affairs to permit Counties in the State of Florida to designate their Comprehensive Plan as their Community Development Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Board of County Commissioners hereby designates Collier County's Comprehensive Plan, adopted on January 10, 1989, as amended, pursuant to Chapter 163, Florida Statutes, as our Community Development Plan. BE IT FURTHER RESOLVED that this Resolution be recorded by the Official Clerk of Courts in the Public Records of Collier County, Florida. ADOPTED this DATE: ATTEST: DWIGHT E. BROCK APROVED AS TO FORM AND LEGAL SUFFICIENCY: 41A d I �j H id! s ton Assistant County Attorney day of June, 1999. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BY: PAMELA S. MAC'KIE, CHAIRWOMAN DATE: 2 i i JUN 2 2 1999 EXECUTIVE SUMMARY APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE SCHOOL BOARD. OBJECTIVE: Approval of an Interlocal Agreement with the Collier County School Board for their use and operation of channel 78 for educational access programming. CONSIDERATIONS: Through Franchise Agreements with MediaOne and TimeWarner Cable, the County has received channels 54 and 78 for Governmental and Educational access programming. Currently channel 78 is fully operational on TimeWamer Cable's system and is to be fully operational on MediaOne's cable system by September 30, 1999. County and School Board staff developed the Interlocal agreement for the use of Channel 78 by Collier County Public Schools through the term of the County's existing Cable Franchises. The School Board has agreed to move its educational programming from channel 54 to channel 78 within 30 days of execution of this agreement by the Board of County Commissioners. The Collier County School Board approved and executed the agreement at its June 3rd meeting. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve an Interlocal Agreement with the Collier County School Board for the School systems use of channel 78 and authorize e Chairwoman to execute same. SUBMITTED BY: /I Date: C./, ' �• �l E. "Bleu" W ce, Director, Utility and Franchise Regulation APPROVED BY: Date: (' C -- Wincen, A. Cautero, AICP, Administrator, Community Development and Environmental Services Division w.f.6_(411Y JUN 2 2 1999 Pg._,1__.._ AN INTERLOCAL AGREEMENT BETWEEN THE COLLIER COUNTY BOARD OF COMMISSIONERS AND THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY WHEREAS, the Collier County Board of Commissioners, (County) pursuant to City Ordinance Nos. 88 -90, 94 -12, and 96 -15, has obtained two (2) Governmental channels through local cable franchise agreements; and WHEREAS, The District School Board (School) has invested effort, infrastructure, and capital in developing an education channel; and WHEREAS, the County recognizes the public need for educational access programming. NOW, THEREFORE, let this stand as an agreement between the County and the School, granting certain rights and privileges to the School to use the County's second governmental access channel (currently channel 78), pursuant to Sections 1 through 4, below. Section 1. Definitions 1.1 "Educational Access" means access where the School is designated "programmer" or user having editorial control over their non - commercial programming, which programming shall concern the schools' educational functions. 1.2. "Non- Commercial Programming" means programming which is produced solely for non - profit education purposes and not in connection with a business. Such programming shall not include any advertising, promotions, or product endorsement. Section 2. Educational Access Provisions 2.1 Throughout the term of the County's existing cable TV franchises with Media One and Time Warner Cable, or successors of either or both, the County shall allow the School to use one government access channel for such educational programming. 2.2 If at anytime the activated Educational Access channel is not being utilized for. Educational purposes, the County shall have the right to use all such time periods. Section 3. The School shall be solely responsible to use the channel in full compliance with this agreement and with all applicable rules and regulations. N -atle& JUN 2 2 1999 Pa. Section 4. Effective Date This agreement shall take effect thirty (30) days after its adoption, at which time the School programming will be broadcast only on channel 78 unless otherwise hereafter agreed to by the County. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed. ATTEST: Dwight E. Brock Deputy Clerk Approved as to form and legal sufficiency \vim Assistant County Attorney STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSONERS COLLIER COUNTY, FLORIDA Pamela S. Mac'Kie, Chairwoman The foregoing Agreement was acknowledged before me this day of , 1999 by , as Chairwoman of the Collier County Board of Commissioners, who is personally known to me. Notary Public Serial Number My Commission Expires: 2 • � r JUN 2 2 1999 Pg. ATTEST: Dr. Dan W. White By: Su 1"A— 'in' en of Schoo s STATE OF FLORIDA COUNTY OF COLLIER THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA Nelson A. F rber, Jr.� Chairman The foregoing Agreement was acknowledged before me this 3 It day of Tuts 1999, by $arb,tra GL.urctL , as I dair; of the District School Board, who is personally known to me. Notary Public SHARON K LEAS. Serial Number My Commission Expires: OFFICIAL NOTARY SEA SHARON K LEAL NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CCW374 MY COMMISSION EXP. UNE 24,2000 r JUN 2 2 1999 pQ.,Y- EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.699, "LAUREL LAKES AT LAURELWOOD" LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST: BOUNDED ON THE NORTH BY IMMOKALEE ROAD, ON THE SOUTH AND WEST BY LAND ZONED AGRICULTURE, AND ON THE EAST BY THE PEBBLEBROOK PUD. OBJECTIVE: To issue an excavation permit to Minanis, Inc. for the project known as "Laurel Lakes at Laurelwood" in accordance with County Ordinance No. 92 -73, Division 3.5. CONSIDERATIONS: The Petitioner proposes to excavate three lakes with a total surface area of 7.72 acres ± to a depth of 12 feet( + / -) below existing ground. The resultant 102,000 C.Y. will be used on site for construction of the proposed improvements. No material will be hauled off site. The lake is a permitted use under the PUD, which was approved by the BCC as Ord. 94 -63 on 13 DEC 94. This project is presently under review by Collier County as Subdivision 99 -22 and Final Plat 99 -33. This approval is being requested to expedite the excavation of the lakes. FISCAL IMPACT: The Community Development Fund, Development Services (113- 13900) would receive revenues broken out as follows: Application Fee $ 850.00 Permit Fee $ 364.00 $1114.00 TOTAL FEES A security in the amount of $25,500 must be posted prior to permit issuance. Road impact fees will be approximately $8000 to $10000 and will be confirmed at time of permit issuance.. � f 1 JUN 2 2 1999 pg• - GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.699 to Minanis, Inc. for the project known as "Forest Park" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 2.0 ft. NGVD. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of 2.0 ft NGVD. 2. Off -site removal of material is not permitted. 3. Where groundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Project Plan Review for approval prior to the commencement of any dewatering activity on the site. 4. No blasting will be permitted unless issued a separate permit by Collier County Project Plan Review. 5. No tree removal is required 6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. 7. A 20 ft. maintenance easement shall be provided around the perimeter of the lake and a 20 ft. access easement to it shall be provided from a public right -of -way. The easement shall be provided to Collier County, however, maintenance will be provided by Laurelwood. AGENDA ITEM No %�", a JUN 2 2 1999 Pg. 02 ,P , io -jv STAN CHRZA WSKI, P.E. DATE SENIOR ENGINEER REVIEWED BY: �✓ -yveL 60, THOMAS E. KUCK, P.E. DATE ENGINEERING REVIEW MANAGER BOB MfJLHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: 1 VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.699 EX SUMMARY/H /EAB Exec Summ/SC AGENDA ITEM 3 1 JUN 2 2 1999 Pg. 3 � D � 4 Z � � � � � P-, , ;;( \ §\ ) ! 2 § LOGAN OWLEVARO | � ; § | f7 § n o % ) C.R. 9611 2 �) �| k 0 C- M ; !§ z a m W� . EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "PINE AIR LAKES UNIT TWO ", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Pine Air Lakes Unit Two ", a subdivision of lands located in Section 11, Township 49 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Pine Air Lakes Unit Two ". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Pine Air Lakes Unit Two" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $2,902,094.94 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 204,422.00 b) Drainage, Paving, Grading - $2,697,672.94 The Security amount, equal to 110% of the project cost, is $3,192,304.43 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this pro Total: $51,123.89 Fees are based on a construction estimate $2,902,094.94 and were paid in March and June, 1999. AGE Ip No. ct. Jrl 2 2 1999 Pa. Executive Summary Pine Air Lakes Unit Two Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4. /ac- $ 1175.00 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 1022.11 Drainage, Paving, Grading (.425% const. est. $11465.11 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $ 3066.33 Drainage, Paving, Grading (1.275% const. est.) - $34395.33 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Pine Air Lakes Unit Two" for recording with the following stipulations: 1. Approve the amount of $ 3,192,304.43 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. p RIC1 JUN 2 2 1999 I Pq. CQ - Executive Summary Pine .Air Lakes Unit Two Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: �J Thomas E. Kuck, P.E. Engineering Review Manager Robert Mulhere, AICP Planning Services Department Director APPROVED BY: i Vin ent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh Date � -le - 9? Date Date Date AGE��No JUN 2 2 1999 Pg. 3 20 A c 111TH Av_ v 21 4 v IM E 846 I c r-. 27 26 25 30 �lo +; PELICAN MA Q 4 I {I Pogo I— I 31 Y, I ( I VAYGE=: ,' B'.AC4 RD XTE.'vS:GY 9 � I , Q h a 1 2 uxES,p� f 1 6 ha- I i 5 �`\� D J Z", p o PROJECT Ir 1� MCs LOCATION 7 U r 10 11 S \ r SE a- V N &PIZ, INE RDGE RD (C 8"1 t 1 i, f h I 15 41 ' 13 F 1 S 19 A i r 11 A ITE I4 14 JUN 2 999 �v - SCALE- 1' - 4000' pg`. EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "GLEN EDEN PHASE TWO ", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE• To approve for recording the final plat of "Glen Eden Phase Two ", a subdivision of lands located in Section 9, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Glen Eden Phase Two ". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement ..or Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Glen Eden Phase Two" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $363,697.17 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $130,396.00 b) Drainage, Paving, Grading - $233,301.17 The Security amount, equal to 110% of the project cost, is $400,066.88 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services AGENDA ITEM� Revenue generated by this pro'ec�� Total: $7095.05 Fees are based on a construction estim to �Uc 2 2 1999 $363,697.17 and were paid in December, 199 Pg. f Executive Summary Glen Eden Phase Two Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4. /ac)- $ 521.00 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 651.98 Drainage, Paving, Grading (.425% const. est.) -$ 991.53 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $1955.95 Drainage, Paving, Grading (1.275% const. est.) - $2974.59 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION• That the Board of County Commissioners approve the Final Plat of r. "Glen Eden Phase Two" for recording with the following stipulations: 1. Approve the amount of 400,066.88 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. JUN 2 2 1999 Pg. _ Executive Summary Glen Eden Phase Two Page 3 PREPARED BY: _k' -�A L A , - A "" John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: '-< 1) —f Thomas E. Kuck, P.E. Engineering Review Manager Robert "Mulhere, AICP Planning Services Department Director APPROVED BY , i Vincent A. Cau'tero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION jrh `I r, G -`1 99 Date Date � - 1-11'el— IF 71 Date AUMA ITEM No. 7 JUN 2 2 1999 Pg. '-;T - AA. J PHASE O E, AS RECORDED- IN PLAT.-.,BOOK PAGES ry' r`OGETHER WITH A SUBDIVISION OF UNPLATTED . LANDS 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL OR. LOCATION MAP D BY NOT TO SCALE 10, >S OF MORTGAGEE'S CONSENT DICATION OF JRDINATE TO THE STATE OF FLORIDA ". SS ^im-zg�� JUN 2 2 1999 PQ.� EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "AUTUMN WOODS UNIT FOUR ", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE• To approve for recording the final plat of "Autumn Woods Unit Four ", a subdivision of lands located in Section 3, Township 49 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION• Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Autumn Woods Unit Four ". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining -i. mprovements, together with a Construction and Maintenance Agreement -or Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Autumn Woods Unit Four" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $946,537.76 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $406,526.00 b) Drainage, Paving, Grading - $540,011.76 The Security amount, equal to 110% of the project cost, is $1,041,191.50 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Servic Revenue generated by this p of ecACAWA ITEM Total: $18,055.71 No../Z(X)l� Fees are based on a construction esti at�y�.�o 2 1�9 $946,537.76and were paid in June, 1999. pg•_L._ Executive Summary Autumn Woods Unit Four Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4. /ac)- $ 745.00 b) Construction Drawing Review Fee Water & Sewer (.5096 const. est.) - $2032.63 Drainage, Paving, Grading (.425% const. est.)- $2295.05 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $6097.89 Drainage, Paving, Grading (1.275% const. est.) - $6885.14 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION• That the Board of County Commissioners approve the Final Plat of "Autumn Woods Unit Four" for recording with the following stipulations: 1. Approve the amount of 1,041,191.50 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. AGENDA ITEM NO� - JUN 2 2 1999 pg. C9 _ Executive Summary Autumn Woords Unit Four Page 3 PREPARED BY: k John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: y26ma e-. i &C'L Iry /I 9� Thomas E. Kuck, P.E. Date Engineering Review Manager Robc<rt Nfulhere7 7 Date Planning Services Department Director APPROVED BY: -- Vincent A. Cautero, AICP, Administrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh AGENDA ITEM p JUN 2 2 1999 pg.-L_ SHEET INDEX MAP 1RAls L10 5 424 423 422 421 420 419 418 417 418 415 PINE RIDGE SUBDIVISION LOCATION MAP o - z A z 0 rn 0 0 0 3 t m AGENDA ITEM No. /I � JUN 2 2 1999 Pg•- �4, 378 379 380 381 382 383 384 305 388 387 388 977 PINE RIDGE SUBDIVISION LOCATION MAP o - z A z 0 rn 0 0 0 3 t m AGENDA ITEM No. /I � JUN 2 2 1999 Pg•- �4, EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "OAK COLONY AT THE VINEYARDS" OBJECTIVE• To grant final acceptance of "Oak Colony at the Vineyards" CONSIDERATION• 1. On January 25, 1996, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Oak Colony at the Vineyards ". 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None AGENDA ITEM No. Z.(�6�) L1 JUN 2? 1999 Pg. _ -_ Executive Summary Oak Colony at the Vineyards Page 2 RECOMMENDATION That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Oak Colony at the Vineyards" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED Y: Thomas Kuck, P. Date k Engineering Review Manager Ro ert Mulhere, AICP Date Planning Services Department Director APPROVED IB'Y: Vincent A. Cautero, AICP, Administrator Date Community Dev. and Environmental Svcs. j rh AGENDA ITEM JUN 2 2 1999 pg._ 7 W , t r- S 2 X z 0 z o+ <� o�z N A P L E S— l u H C K A L E E H w Y. 7- G < C y�� V z V _ z > I 17c -' V A N 0 E R 9 1 L T 1 � — � 1 C a ` z %RNEYAADS PINE R 1 0 GE R 0 A D Berl,[ "ARC LOCATION MAP TS 4 8 4 o ` SEA CH R CAC f f +i `R+iY Wt 5 F"X f� JUN 2 2 11999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 99- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN OAK COLONY AT THE VINEYARDS, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 5, 1995, approved the plat of Oak Colony at the Vineyards for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91 -102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97 -17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Oak Colony at the Vineyards, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: / eidi . Ashton Assistant Collier County Attorney By: PAMELA S. MAC'KIE, CHAIRWOMAN AGENDA ITEM No JUN 2 2 1999 Pg•� EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "OLDE CYPRESS UNIT TWO ", AND APPROVAL OF THE PERFORMANCE SECURITY- OBJECTIVE• To approve for recording the final plat of subdivision of lands located in Section 21, 26 East, Collier County, Florida. CONSIDERATION• "Olde Cypress Unit Two ", a Township 48 South, Range Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Olde Cypress Unit Two ". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction, maintenance and escrow agreement. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Olde Cypress Unit Two" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $495,204.05 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $255,549.70 b) Drainage, Paving, Grading - $239,654.35 The Security amount, equal to 110% of the project cost, is $544,724.45 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $9722.11 Fees are based on a construction estime a $495,204.05 and were paid in March, 1999. 1 No. JUN 2 2 1999 Executive Summary Olde Cypress Unit Two Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4. /ac)- $ 537.00 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $1277.75 Drainage, Paving, Grading (.425% const. est.)- $1018.53 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $3833.24 Drainage, Paving, Grading (1.275% const. est.) - $3055.59 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Olde Cypress Unit Two" with the following stipulations: 1. Accept the Construction, Maintenance and Escrow Agreement as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of "Olde Cypress Unit Two ". 3. Authorize the Chairman to execute the attached construction and maintenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. No. JUN 2 2 7999 a Executive Summary O1de Cypress Unit Two Page 3 PREPARED BY: P John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Zii...... Robert Mulhere, AICP Planning Services Department Director APPROVE /,- BY : Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION (Q - I l q q Date Date Date Date No. JUN 2 2 1999 Pq. 6 — Ems LEE COUNTY COLLIER COUNTY N PARKLANDS 12 7 B 9 10 OUAIL CREEK 13 t7 16 5 t -75 PROJECT SITE QUAIL 11 24 REGENCY 20 22 WILLOUGHBY VILLAGE LONGSHORE ACRES LAKE CAPE MENTOR C00 PINES WILLOUGHBY W. LA GAROENS SR. 846 PALM STI s IMMOKALEE ROAD RIVER REGEN PU F MS PARK c 25 30 29 28 27 IDOVE FOUR SEASONS CREW T LAKE ESTATES 38 31 32 33 34 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS (OLDE CYPRESS - UNIT TWO) This Construction, Maintenance and Escrow Agreement for Subdivision Improvements Agreement entered into this day of May, 1999, by OLDE CYPRESS DEVELOPMENT, LTD., a Florida limited partnership (hereinafter "Developer "), the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter the "Board "), and QUARLES & BRADY LLP (hereinafter "Escrow Agent "). PREMISES A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of certain plat of subdivision to be known as: "OLDE CYPRESS - UNIT TWO" B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ( "Estimate ") prepared by Hole, Montes & Associates, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Escrow Agent has entered into a Construction and Development Escrow Agreement with Developer dated May 25, 1999, wherein the Escrow Agent has agreed to hold monies on Developer's and Board's behalf in the amount of $544,724.45 (the "Escrowed Funds "). E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $544,724.45, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Escrow Agent do hereby covenant and agree as follows: QBNAP1183467.1 AGEN� JUN 2 2 1999 P�. 5 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within thirty-six (36) months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Escrow Agent to hold the Escrowed Funds in escrow to only be disbursed pursuant to the terms of this Agreement. 3. Escrow Agent agrees to hold in escrow $544,724.45 from the Escrowed Funds to be disbursed only pursuant to this Agreement. 4. The Escrowed Funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten (10 %) percent; and, further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of Escrowed Funds except to the extent of $49,520.40, which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Escrow Agent agrees to pay to the County immediately upon demand the balance of the funds hel d in escrow by the Escrow Agent, as of the date of the demand, provided that upon payment of suc h balance to the County, the County will have executed and delivered to the Escrow Agent in exchange for such funds a statement to be signed by the Development Services Director to the effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement; (b) The County, or its authorized agent, will complete the work called for under the terms of the above - mentioned contract or will complete such portion of such work as the County, in its sole discretion, shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above - mentioned development work; and, I No. QBNAP1183467.1 2 JUN 2 2 1999 (d) The County will promptly repay to the Escrow Agent any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Escrow Agent by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Escrow Agent for release of the specified funds to the Developer. Payment by the Escrow Agent to the Developer of the amounts specified in a letter of authorization by the County to the Escrow Agent shall constitute a release by the County and Developer of the Escrow Agent for the funds disbursed in accordance with the letter of authorization from the County. 6. 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 Subdivision Regulations. 7. 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 this preliminary approval of the improvements; or b) notify the Developer in writing of this refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required 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. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Escrow Agent liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Escrow Agent does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one (1) year after preliminary approval by the Development Services Director. After the one (1) year maintenance period by the Developer and submission of a written request for inspection, the Developer Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Escrow Agent's responsibility to the Board under this Agreement is terminated. 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. QBNAP\ 183467.1 3 No. JUN 2 2 1999 Pg. —1--- 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and Escrow Agent, the respective successors and assigns of the Developer and Escrow Agent. IN WITNESS'KHEREOF, the Board and Developer and the Escrow Agent have caused this Agreement to be executed by their duly authorized representatives this day of May, 1999. Signed, sealed and delivered DEVELOPER: in the presence of: OLDE CYPRESS DEVELOPMENT, LTD., a Florida limited partnership (Corporate Seal) By: Olde Cypress Development Corporation, a Florida corporation, its general partner fitness #1 Print; ame Below; By: t _ Robert Paul Hardy, as President Witness #2 Print Name Below: ESCROW AGENT: QUARLES iBRADY LLP, a Wisconsin limited 1' ility partne ip Witness #1 - % ',.-�eo J. Sal tori, General Partner Print Name Below: 01-1`-Z Y-4'� Wit ss #2 Print Name Below: J Al QBNAP1183467.1 4 No. N JUN 2 2 1999 Pn 13 Ln v Attest: Dwight E. Brock, Clerk Deputy Clerk Approved as to form and legal sufficiency: 6-1' �-' C6 � 114111L Collier County Attorney QSNAP \183467.1 5 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Chairman No. —LW4&j09j JUN 2 2 1999 Pq. Exhibit 1 Olde Cypress Unit 2 Engineers Opinion of Probable Construction Cost Description Water 8" PVC W.M. (DR14) 8" PVC W. M. (DR 18) 8" G.V. Fire Hydrant Air Release Valves PVC W.S. CASING (3 ") B.S.P. (PERM) Sewer (Cuts from N.G.) 8" PVC G.S. (0' -6') 8" PVC G.S. (6' -8') 8" PVC G.S. (8' -10') 8" PVC G.S. (10' -12') Video Gravity Sewer Video Sewer 1 yr post accept. M.H. (0' -6') M.H. (6' -8') M.H. (8' -10') M.H. (10' -12') Cleanout Service Laterals 4" PVC F.M. Pump Sta Paving and Grading 1 1/2" Asphalt -Type S -111 6" LR Base 12" Subgrade Type E Curb 24" Val. Gut 5' Sidewalk Sod - 1' strip Seed & Mulch Stop Signs Speed Limit Signs Street Name Signs 24" Stop Bar Street Lights Quanti Units Unit Cost 1996\19960801gh h\ConstrucbonCosts81217.xls HMA File # 96.80 3/2/99 Total 192 LF $17.20 $3,302.40 3337 LF $13.40 $44,715.80 4 EA $800.00 $3,200.00 9 EA $2,000.00 $18,000.00 2 EA $1,600.00 $3,200.00 900 LF $5.00 $4,500.00 2 EA $800.00 $1,600.00 Subtotal $78,518.20 1269 LF $15.50 $19,669.50 943 LF $20.50 $19,331.50 689 LF $29.00 $19,981.00 416 LF $39.50 $16,432.00 3,317 LF $1.00 $3,317.00 3,317 LF $1.00 $3,317.00 5 EA $1,240.00 $6,200.00 3 EA $1,470.00 $4,410.00 2 EA $1,820.00 $3,640.00 3 EA $2,250.00 $6,750.00 69 EA $79.00 $5,451.00 1,575 LF $11.50 $18,112.50 275 LF $8.80 $2,420.00 1 EA $48,000.00 $48,000.00 Subtotal $177,031.50 8,420 SY $2.45 $20,629.00 8,420 SY $4.00 $33,680.00 11,720 SY $1.90 $22,268.00 408 LF $5.00 $2,040.00 6,979 LF $5.00 $34,895.00 3,300 LF $7.50 $24,750.00 7,387 LF $0.30 $2,216.10 2 AC $1,200.00 $2,400.00 1 EA $100.00 $100.00 2 EA $100.00 $200.00 1 EA $100.00 $100.00 12 LF $2.75 $3 .00 15 EA $1,200.00 $18,001.00 Page 1 No. JUN 2 2 1999 " Description Blue Refiectors 4" Skip Striping (yellow) Drainage 15 "RCP 18 "RCP 18" PVC 24 "PVC 36" RCP 36" PVC 42" RCP 48" PVC J.B. CATCH BASINS Summary Water Sewer Paving & Grading Drainage Fee Calculation Plat Review: $425.00 + $4.00 /ac x 28 Acres Subdivision Review & Inspection: Quantity Units 9 EA 2275 LF 1.7% x (77,948.00 + 161,706.35) Drainage Paving & Grading Water /Sewer Review and Inspection: 2.0% x (78,518.20 + 177,031.50) 24 LF 48 LF 177 LF 387 LF 79 LF 524 LF 24 LF 200 LF 1 EA 10 EA 1996\ 1996080 \ghh \Construc6onCosts81217xis Page 2 Unit Cost $6.00 $0.15 Subtotal $20.00 $24.00 $24.00 $28.00 $48.00 $48.00 $62.00 $71.00 $1,600.00 $1,500.00 Subtotal Total Total $54.00 $341.25 $161,706.35 $480.00 $1,152.00 $4,248.00 $10,836.00 $3,792.00 $25,152.00 $1,488.00 $14,200.00 $1,600.00 $15.000.00 $77,948.00 $78,518.20 $177,031.50 $161,706.35 $77.948.00 $495,204.05 $537.00 $4,074.12 $5,110.99 Total $9,722.11 No. --L-GfffAA-)P*"w JUN 2 2 1999 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MOORER ESTATE" OBJECTIVE: To approve for recording the final plat of Moorer Estate, a subdivision of lands located in Section 13, Township 49 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Moorer Estate ". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Moorer Estate" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Moorer Estate" with the following stipulations: 1. Authorize the recording of the Final Plat of "Moorer Estate." No JUN 2 2 1999 _ P . Executive Summary Moorer Estate Page 2 PR PARED BY: John R. Houldsworth,` Senior Engineer Date Engineering Review REVIEWED BY: ` Thomas E. Kuck, P.E. Date Engineering Review Manager ,L y Robere Mulhere, AICP Date Planning Services Department Director AP PR IT 13y: Vimcent A. Cauter0, AICP Administrator Date Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION A. E'a � No. JUN 2 2 1999 a - � 9 P .:.... -. el E S KENSINGTON PARK : LYD -LAO-E CA PROJECT LOCATION ?Cp4QAJlA $7 PO4a OC LEON DO KENSINGTON GARDENS BLOCK H -VqEE)4 100 $873-1 _AV SAX W'y$f0CX41?E WAY 20T}4 AV &-X A DPL 7 N, D 22N0 Av sr 2.4.1k AV A G !.tf No -WA JUN 2 2 1999. 3 Pg. 2PM AYE- &W. $114 AVE L W MGHTKAW DR 14-.M AYE. KENSINGTON GARDENS BLOCK H -VqEE)4 100 $873-1 _AV SAX W'y$f0CX41?E WAY 20T}4 AV &-X A DPL 7 N, D 22N0 Av sr 2.4.1k AV A G !.tf No -WA JUN 2 2 1999. 3 Pg. EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT FOR THE REPLACEMENT OF A CARDBOARD BALER AT NAPLES TRANSFER STATION OBJECTIVE: To gain Board of County Commissioners approval for a budget amendment to fund purchase of a replacement cardboard baler for Naples Transfer Station. CONSIDERATION: The volume of cardboard collected in the County's cardboard recycling program has grown to the point of exceeding the capacity of the manual feed baler currently in use. The current unit was acquired as a used item donated by the City of Naples. This unit has required numerous repairs and will require a major overhaul with continued use. The replacement unit is a machine -feed type capable of producing bales at five times the rate of the present unit. This will increase staff efficiency and provide the means to handle the growing volume of recycled cardboard. FISCAL IMPACT: $24,100 from Solid Waste Reserves to Naples Transfer Station GROWTH MANAGEMENT IMPACT: (N /A) RECOMMENDATION: That the Board of County Commissioners approve this Budget Amendment to replace the cardboard baler at Naples Transfer Station. SUBMITTED BY: � �� . �'\ i e�c I � t << ,- Date: ' / - John S. Biedenharn, Solid Waste Coordinator -� -- REVIEWED BY: 7� �- , ` ..,�' /% Date: David W. Russell, Director, Solid Waste Department APPROVED BY Date: �- 8 " Ed Ilschn Public Works Administrator L O.. 14, (R) (J J� JUN 2z EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENTS FOR SOLID WASTE CONTRACTUAL SERVICES. OBJECTIVE: To gain Board of County Commissioners approval for budget amendments to fund Solid Waste contractual services at the Naples and Immokalee Landfills through the end of FY99. CONSIDERATION: The overall tonnage received at Collier County landfills in FY99 has increased significantly over that received in FY98. Budget revenues and expenses must be adjusted to reflect this increased activity in order to provide payments for contract services provided by Waste Management, Inc. These budget amendments for $1,330,400 (Naples landfill) and $70,000 ( Immokalee landfill) will make the necessary adjustments, using revenues generated by the increased activity. FISCAL IMPACT: Net Impact Zero; revenue and expenditures in each fund and cost center are increased by the same amount. The total increase is $1,400,400. GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: That the Board of County Commissioners approve these Budget Amendments for Solid Waste contractual services in the amount of $1,400,400. SUBMITTED BY: � \ 1 �� , Date: E �;' �� Jo S. Biedenharn, Solid Waste Coordinator REVIEWED BY r`, ✓ i / Date: /, / David W. Russell, Director, Solid Waste Management Department APPROVED B Date: Ed Ilschner, "Public Works Administrator JUG _. -.,$_ FEASIBILITY REPORT AND ASSESSMENT METHODOLOGY FOR THE HUNTERS ROAD PAVING MUNICIPAL SERVICE BENEFIT UNIT (MSBU) IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To accept a Feasibility Report and to approve the method of assessment for the Hunters Road Paving MSBU. CONSIDERATIONS: On October 20, 1998, the Board directed staff to prepare a Feasibility Report (Attachment 1) to determine the viability of the project from a design, construction and cost perspective. The estimated cost for the paving of Hunters Road is approximately $350,000, which could be substantially less depending on the need for right -of -way acquisition. The method of assessment shown in the Feasibility Report is equivalent dwelling units. The proposed district boundary legal description (Attachment 2) excludes the parcels having access to Livingston Road. FISCAL IMPACT: The cost for the Feasibility Report, title commitments, and recording will be reimbursed by the MSBU. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Accept the Feasibility Report. 2. Approve the assessment methodology of using equivalent dwelling units. 3. Direct staff to proceed with the Initial Assessment Resolution for the imposition of an assessment for the proposed MSBU district boundary. SUBMITTED BY: REVIEWED BY: APPROVED BY: Attachment(s) Russell uller, En 'n er II Edward J. Kant, P.E., so ation Services Director Ed Ilschner, Public Works Administrator DATE: :� - 3 - 99 DATE: 4 3 —JA's DATE: d -9 5 AGENDA I No. I L E 5 JUN 2 21999 PG. ! ATTACHMENT 1 HUNTER'S ROAD FEASIBILITY REPORT MSBU JANUARY 219 1999 COLLIER COUNTY PUBLIC WORKS PUBLIC WORKS ENGINEERING DEPARTMENT Prepared by : R. Hellriegel, P.E. - Senior Project Manager B. Richmond, P.L.S. - Surveyor fN2 Ka. JPG. I. Statement of the Issues An initial petition by the property owners and a Board of County Commission presentation was made on October 8, 1996 (Item 16 B 2). The property owners intended to improve the roadway (grade, install sub -base, drainage and place asphalt concrete pavement) on their own without County involvement but in accordance with County standards. The County agreed to perform the construction inspection and be responsible for the operation and maintenance once the roadway was completed. The property owners were to donate the required right -of -way, construct the roadway, design and permit the drainage, and up -grade their driveways. As part of the initial petition, the homeowners had a local consulting engineer (Gary Butler, P.E.) prepare a set of preliminary plans for the roadway paving and drainage. These plans are dated January 14, 1998. The plans are not in accordance with the County's current Land Development Code but do conform to the typical section of the other roads in the Livingston Woods area. Since this initial petition, the property owners elected not to construct the roadway on their own and prepared a petition for a Municipal Service Benefit Unit (MSBU). On October 20, 1998 the Board of County Commissioners accepted the petition from the homeowners and directed County staff to prepare a Feasibility Report for this improvement project. II. Alternatives A. Do nothing. This alternative will require each individual homeowner to maintain the roadway. Each time the road needs to be repaired, they will have to try to organize, collect funds and enter into a contract for the maintenance (Re- grading and placement of fill material on an as- needed basis). The annual costs associated for this maintenance work is approximately $1500.00 AGENDA : TIM NO. _ J fly JUN 2 2 1999 PG. .� This has not worked very well in the past and has prompted the homeowners to submit the current petition for the MSBU. B. Homeowners to Contract for Roadway Improvement. This alternative would require that all the homeowners organize and share the costs. This has been a problem in getting all to participate and prompted the petition for an MSBU. Under this alternative, the roadway would have to be constructed in accordance County standards as shown in the Land Development Code. Homeowners would have to fund the entire cost of grading, paving and drainage improvements. Once completed, the roadway would be turned over to the County for maintenance. The homeowners would have to obtain all the right -of -way necessary for the construction. If all of the property owners do not participate, then the acquisition process would have to be escalated to the County level to exercise the County's order of taking process under its authority of Eminent Domain for the public good. C. Create an MSBU. The creation of the Multiple Services Benefit Unit (MSBU) would require that the County obtain the roadway design, prepare legal descriptions and secure necessary right - of -way, perform environmental audit, cost estimates, perform the bidding and award of the construction contract, provide financing and construction inspections. Once the project is completed, the County would become the owner of the roadway and provide maintenance. Section 125.01(1)(q), Florida Statues, provides for the establishment of a municipal services taxing and benefit unit (MSTU & MSBU). This device is a tool whereby the County can provide services to benefit a specific area and assess the benefactors appropriately. The distinction between a municipal service taxing unit (MSTU) and a municipal benefit unit (MSBU) is the mechanism used to fund the County services either through taxes or service charges. The MSTU is based upon the collection of taxes whereas the MSBU is based upon the collection of service charges based upon special assessments. The estimated total cost for this project is approximately $350,000 (see attached Cost Estimate and Assessment Roll). This estimate is based upon the typical section as -- proposed by the Gary Butler design drawings dated Jan. 14, 1998. The estimate does not include extending the drainage to the Hunter's Road Canal which is located south of Hunter's Road and runs from Livingston Road to the I -75 Canal. The drainage will be the AGtMU.. I, .f JUN 2 2 1999 same as the other roadways within the Livingston Woods area which directs the runoff to the I -75 canal via drainage ditches on each side of the roadway. In addition, the estimated total project cost includes an estimated six (6) condemnations (Order of Takings) which amounts to approximately $1,575 per property owner. The funding of the project will be based upon the Assessment Roll ( see attached). This assessment is based upon the number of parcels each property owner has. There are two parcels which will not be a part of the assessment. They are located at the corner lots of Hunter's Road and Livingston Road which are exempted from the assessment because their access to Livingston Road is not along the proposed improved Hunter's Road. Financing for the project will be secured by the County by obtaining a loan. The repayment of the loan will be made by collecting service charges from the property owners on an annual basis for a period of ten years. The amortization schedule (service charges) for the loan repayment is attached and is based on an annual interest rate of 6 %. The schedule for the charges (final assessment roll) will be adjusted to reflect the actual interest charged for the loan and the actual total costs for the project. A final assessment roll will be prepared at the completion of the construction and service charges submitted. III. Recommendations Accept Alternative "C" and request an exception to the Land Development Code requiring sidewalks. As previously mentioned, the other roads in this area do not have sidewalks. In addition, the drainage was modified from the Butler design to have the roadway ditches capable of transmitting the runoff to the I -75 canal without having to discharge into the Hunter's Road Canal. AG/E /NDA! /I�T�E�� NO IL 1 117a�_ JUN 2 21`9 PG. h ITEM 1 2 3 4 5 6 7 8 9 10 11 HUNTERS ROAD COST ESTIMATE DESCRIPTION UNIT PLAN QUAN. UNIT COST TOTAL TRAFFIC CONTROL LS 1 $1,000.00 $1,000.00 TYPE 3 ASPH. 1 -1\2" SY 12750 $3.00 $38,250.00 8" LIMEROCK SY 14300 $5.50 $78,650.00 18" R.C.P. CL III LF 160 $27.50 $4,400.00 15" R.C.P. CLIII LF 64 $25.00 $1,600.00 18" MITRED END SECT, EA 8 $475.00 $3,800.00 15" MITRED END SECT. EA 4 $375.00 $1,500.00 SWALE GRADING LF 9700 $1.50 $14,550.00 SOD SY 4050 $1.00 $4,050.00 SEED & MULCH SY 21900 $0.20 $4,380.00 BARRICADE W\ REFL. EA 1 $1,980.00 $1,980.00 10% CONTINGENCY $15,400.00 PROJECT TOTAL $169,560.00 ENGINEERING & INSPECTION ADMINISTRATION & ENVIROM. PERMIT. $33,480.00 $104,490.00 $307,530.00 * INCLUDES ENGINEERING DESIGN, SPEC IFICATIONS,PLAN PREPARATION,BIDDING PROCESS, PROCESS MONTHLY ESTIMATES & ENGINEERING INSPECTOR. * *INCLUDES LEGAL DESCRIPTIONS, RIGHT OF WAY ACQUISITION,ADVERTISING,PUBLIC WORK SHOPS. AGENDA IT M NU. Page 1 JUN 2 2 1999 LAND RIGHTS ACQUISITION COST ESTIMATE - REAL PROPERTY MANAGEMENT DEPARTMENT 1/26/99 8:52 AM ROAD / PROJECT NAME: HUNTER'S ROAD LAND RIGHTS ACQUIRED: Perpetual road right -of -way, utility and drainage easements. FROM / TO: Livingston Road East to just west of 1 -75. NUMBER OF OWNERSHIPS: 41 TOTAL NUMBER OF PARCELS: 41 APPRAISALS REQUIRED: ESTIMATOR: K. HENDRICKS FIELD REVIEW DATE: (OBSERVATIONS BELOW) This estimate predicated upon the assumption that 15% of the easements (6) must be condemned. BREAKDOWN OF DIRECT COSTS: TOTAL ESTIMATED LANDVALUES - (ALL PARCELS) $6,000 TOTAL ESTIMATED /MPROVEMENTVALUES - (ALL PARCELS) $0 TOTAL SEVERANCE DAMAGES "GUESSTIMATE" - (ALL PARCELS) $0 TOTAL BUSINESS DAMAGES "GUESSTIMATE" - (ALL PARCELS) $0 TOTAL RELOCATION COSTS - (ALL PARCELS) $4 NEGOTIATION PERCENTAGE: = ADMIN. SETTLEMENT FACTOR: TOTAL: $0 CONDEMNATION PERCENTAGE: ioo°ro FINAL JUDGMENT FACTOR: E TOTAL: r777$12,000 BREAKDOWN OF INDIRECT COSTS (OVERHEADI: TOTAL INITIAL APPRAISAL FEES: $3,000 UPDATES & EXPERT WITNESS FEES: 1 $9,000 TITLE SEARCHES / POLICIES: $11,000 INTEROFFICE BILLING CHARGES: 1 $28,700 COUNTY'S LEGAL FEES $15,000 MISC. OVERHEAD 1 $1,500 CONDEMNEE'S FEES AND COSTS (OWNER'S ATTORNEY, APPRAISER, ENGINEER, ETC.): 1 $12,000 TOTAL ACQUISITION COST ESTIMATE AS OF THIS ESTIMATE DATE OF: 1/13/99 » » »> $92,200 TOTAL ACQUISITION COST ESTIMATE - APRIL 1999 (MID -POINT OF F.Y. 1998 / 1999) » » »> $93,057 ** TOTAL ACQUISITION COST ESTIMATE - APRIL 2000 (MID -POINT OF F.Y. 1999 / 2000) » » »> $97,078 ** TOTAL ACQUISITION COST ESTIMATE - APRIL 2001 (MID -POINT OF F.Y. 2000 / 2001) » » »> $101,088 I- TOTAL ACQUISITION COST ESTIMATE - APRIL 2001 (MID -POINT OF F.Y. 2001 / 2002) » » »> $105,098 ** AGEN A ** ANNUAL APPRECIATION RATE ESTIMATED AT 1 0%1 AT TIME OF ESTIMATE. NU -iL JUN 22 1999 LAND RIGHTS ACQUISITION COST ESTIMATE - REAL PROPERTY MANAGEMENT DEPARTMENT 1126199 8:52 AM ROAD I PROJECT NAME: HUNTER'S ROAD LAND RIGHTS ACQUIRED: Perpetual road right -of -way, utility and drainage easements. FROM 1 TO: Livingston Road East to just west of 1 -75. NUMBER OF OWNERSHIPS: 41 TOTAL NUMBER OF PARCELS: 41 APPRAISALS REQUIRED: ESTIMATOR: K. HENDRICKS FIELD REVIEW DATE: (OBSERVATIONS BELOW) This estimate predicated upon the assumption that all easements will be donated by the property owners, I.e., no purchase or condemnation will be required. BREAKDOWN OF DIRECT COSTS: TOTAL ESTIMATED LANDVALUES - (ALL PARCELS) TOTAL ESTIMATED IMPROVEMENTVALUES - (ALL PARCELS) TOTAL SEVERANCE DAMAGES "GUESSTIMATE" - (ALL PARCELS) TOTAL BUSINESS DAMAGES "GUESSTIMATE" - (ALL PARCELS) TOTAL RELOCATION COSTS - (ALL PARCELS) NEGOTIATION PERCENTAGE. E00% ADMIN. SETTLEMENT FACTOR CONDEMNATION PERGENTAGE: FINAL JUDGMENT FACTOR: BREAKDOWN OF INDIRECT COSTS(OVERHEADI: $o $0 $0 $0 $0 TOTAL: $0 TOTAL: $0 TOTAL INITIAL APPRAISAL FEES: $0 UPDATES & EXPERT WITNESS FEES: $0 TITLE SEARCHES I POLICIES: $11,000 INTEROFFICE BILLING CHARGES: $28,700 ENVIRONMENTAL AUDITS: $0 MISC. OVERHEAD $1,500 CONDEMNEE'S FEES AND COSTS (OWNER'S ATTORNEY, APPRAISER, ENGINEER, ETC.): $0 TOTAL ACQUISITION COST ESTIMATE AS OF THIS ESTIMATE DATE OF: 1113!99 » » »> $41,200 TOTAL ACQUISITION COST ESTIMATE - APRIL 1999 (MID -POINT OF F.Y. 199811999) » » »> $41,640 ** TOTAL ACQUISITION COST ESTIMATE - APRIL 2000 (MID -POINT OF F.Y. 19991 2000) » » »> $43,706 ** TOTAL ACQUISITION COST ESTIMATE - APRIL 2001 (MID -POINT OF F.Y. 2000 1 2001) » » »> $45,766 ** TOTAL ACQUISITION COST ESTIMATE - APRIL 2001 (MID -POINT OF F.Y. 2001 1 2002) » » »> $47,8261- ** ANNUAL APPRECIATION RATE ESTIMATED AT 0% �AT TIME OF ESTIMATE. NO. 111 JUN 2p2 1999 PG. 0 J O H Z W Cl) Cl) CA Q O a O�/ w w Z D O 2 I- W O U Z n z oc w CL to W w a t z LO J O A Ek A jTEM JUN 2 2 1999 PG. r r- . r� r . � rn . r` r . � r . ti ti . r` r` . . r*- r- . r- r. . Lt . . r. r- . r- r, . v rn . v Ln . r- r- r. LO r` r• r• r- v LO r r- r. r I" O 0 M w (D CD CD M 0 CD M M 0 w M M . M . M . 0 . CD . M . 0 . on . . 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Z a o X w zQ w �69cn69���c��646q bq 69 Z O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O H 0000000000000 O N T v T O N r v r m N a N v �... v T 0 N v T v T^ U (n F` co M M CD M M a CD M M CD M M 1�L O W Z U W U Efl FA Cf3 69 69 69 69 69 69 ffi 69 69 6ek Z N T T N r r N INI- cn = Q & W W- aZ �wQC7�w Z =z Z �co UU� _j- -S 0':z O U Y�Q� <(F- -i-i w w a` . J H Z- �ZUmmQ a �ZZ�wZ. C/)<wz nw CL CL » W our-w0m?=Jo<<F- _ Dcnm0- -Q W 1F-�2w W Q 0mU(nQooW W e000cn J V r > > Q Z r" C' LO Ov > 2 ? 2 Cn CD ti C7) C(o COO Q N T a 0 0 ri M 01 M W Iq M eD ti w 0 O O v 0 40 0 0 0 co M C` J 44 0 0 0 cc tfy J FQ- O H vJ w 0 U i=- Z cn w uj O C7 Z X00O - oaQ Z W W 2 W 0E-Z Lo O Z LL cnTU O O z Q m w — 0 X Z O a LLJ o Q Z 0 O � O a Z `-SF- O Z w a -Fill Z w Do Z O it O Q CL J O � Q o W CV C U AGENDA ITEM N0. [(���� - (Y) .or JUN 2 2 1999 PG. 16 AGENOn/ SqT €�l � JUN 2 2 199 PG. I/ I SL 3.LV.LS83.LNI d o I I I I _ I II � 00 O O I N r d I I,I N I�1 O I III � � � N z N w 7 , ,Ib � � � r M rn I xl � r� V J 1� C O h1 If O z W I w M I N CIVMJ NO.LS9Nlnll AGENOn/ SqT €�l � JUN 2 2 199 PG. I/ I o I I I I _ I II � 00 O O I N r r I I I,I N N O I III � � � N N 7 , ,Ib � � � r M rn I xl � I/ ATTACHMENT 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 LEGAL DESCRIPTION (NOT A SURVEY) HUNTER'S ROAD ASSESSMENT AREA THE SOUTH HALF OF THE SOUTH HALF OF SECTION 6, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING WEST OF THE WEST RIGHT OF WAY LINE OF INTERSTATE 75 (S.R.93), LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS; 1. THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, LESS THE SOUTH 30 FEET; 2. THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, LESS THE NORTH 30 FEET; I 3. THE SOUTH 405 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER. PREPARED BY ......... DATE3A /55... GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR -FL. REG. # 406 AG np PUBLIC WORKS ENGINEERING DEPARTMENT N --J COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST NAPLES, FLORIDA 1341Al2 U N 2 2 ���� EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID #99 -2950 FOR THE CLAM BAY INTERNAL CHANNEL CONSTRUCTION TO NATIVE TECHNOLOGIES, INC. AND APPROVE CHAIRWOMAN TO EXECUTE THE CONTRACT DOCUMENTS UPON ATTORNEY REVIEW. OBJECTIVE: To award Bid 499 -2950 for the Clam Bay Internal Channel Construction to Native Technologies, Inc. and approve the Chairwoman to execute the contract documents upon attorney review. CONSIDERATIONS: On May 14, 1999, invitations to bid were sent to seventy -seven (77) contractors. The Bid opening was held on May 26,1999, two (2) proposals were received. Staff has reviewed the proposals and finds the lowest Bidder to be Native Technologies, Inc. The proposal from this low Bidder meets all specifications of the Bid, therefore, staff recommends that Bid 499 -2950 be awarded to Native Technologies, Inc. In addition, this Contract will be incorporated into the standard Collier County Contract and, therefore, we would request that the Chairwoman be authorized to execute the contract documents upon attorney review. FISCAL IMPACT: The fiscal impact for Bid #99 -2950 is $25,500.00. The Pelican Bay Services Division will fund 50% of the cost with the remaining 50% of the cost to be funded by WCI Communities per the Agreement approved by the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid 499 -2950 for the Clam Bay Internal Channel Construction to Native Technologies, Inc. and approve the Chairwoman to execute the contract documents upon attorney review. PREPARED BY: �CC= '=e''� J es P. Ward Department Director DATE:'" ' REVIEWED BY:: ; ; -';! DATE: Steve Carrell Purchasing Director APPROVED BY: Ed Ilschner, dministrator Public Works Division DATE: C-a- '� ENDA jT M No. IB fG J U N 2 2 1999 P9 V va „� Zq to `CD Pal . . . IQ� 1= X l J n n a W ~ 3 CD r 3 0 A � y a O CD z n � H A 0 V 0 � y 0 0 � o °.p 0 •v -y UQ(D y' h EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TO ACQUIRE EMERGENY PREPAREDNESS EQUIPMENT FOR THE WASTEWATER DEPARTMENT OBJECTIVE: To obtain Board of County Commissioners approval of a budget amendment to allow the acquisition of one (1) wastewater pump /tank truck, four (4) 125 kw portable generators and five (5) trash pumps. CONSIDERATIONS: The Collier County wastewater system serves approximately 100,000 people throughout the urban area of Collier County. The system of sewer pipelines that conveys sewage to our wastewater treatment facilities currently has approximately 570 pump stations. Each of these pump stations requires electricity to operate. In order to be prepared for power failures we presently have all eighteen (18) master pump stations equipped with on -site generators. We also have two (2) 80 -200 kw portable generators, and four (4) trash pumps. In addition, we also maintain an emergency sewage hauling contract providing for up to five (5) pump trucks. All treatment facilities are equipped with on- site generators. Staff recently conducted a review of our level of emergency preparedness. The review concluded that as a first phase improvement we should purchase one (1) wastewater pump /tank truck, ($145,000), four (4) additional 125 kw portable generators ($30,000 /each), and five (5) additional trash pumps ($1,800 /each). Staff would like to move forward with acquiring this equipment so it may be in place for hurricane season and the rollover to the year 2000. Accordingly, staff is requesting approval of a budget amendment in the amount of $274,000 to allow the acquisition of the equipment noted above. As a follow up to the phase I enhancements, staff plans to acquire an additional four (4) portable generators next fiscal year. This request will be included in the FY-00 Wastewater Department Budget. FISCAL IMPACT: The proposed expenditure of $274,000 for the acquisition of emergency preparedness equipment is not presently budgeted. A budget amendment in the amount of $274,000, moving money from Utility Operating Fund (408) reserves into the Wastewater Collections cost center, will be required. There is presently $1,245,300 in Utility Operating Fund (408) contingency reserves. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board County Commissione authorize the budget amendment and acquisition of e rgency preparedness eqpipm ent as d' cusse erein. Prepared b Edw rd N. Finn', ublic Works Director of Operations Reviewed by:���^" J41 Cheatham, Wastewater Director 7-1 .., _ Approved B � Ed Ilschner, Public Works Administrator/ JUN ; 1999 June 8, 1999 EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO BETTER ROADS, INC., TO CONSTRUCT THE PROPOSED PATHWAY ON U.S. 41. BID # 99 -2925. PROJECT #61009. OBJECTIVE: To obtain Board approval to award the contract to construct the proposed pathway on U.S. 41 in Collier County to the lowest bidder, Better Roads, Inc. CONSIDERATION:. The State of Florida Department of Transportation and Collier County entered into an agreement on March 18, 1999 empowering the county staff to manage the construction of a sidewalk on U.S. 41. The sidewalk is located on the south side of U.S. 41 extending from Courthouse Shadows to Rattlesnake Hammock road ( a distance of approximately 1.5 miles). Two (2) bids were received on May 12, 1999 for the construction of the pathway. Better Roads, Inc., at $512,339.52 was the lowest bid. After negotiation by Public works Engineering Department staff, the contractor reduced the bid amount to $503,314.12. The construction duration for this project is 120 calendar days to substantial and 150 days to final completion. Total project cost is estimated to be; $503,314.12 construction, and $50,000 testing, inspection and project management for a total of $553,314.12 of which the County will be reimbursed for $460,000.00 by the Florida Department of Transportation. FISCAL IMPACT: The current project budget is $500,000. Total funding needed is $553,314.12. A budget amendment is needed to transfer $53,314.12 from Road Construction Gas Tax Reserves into the U.S. 41 Sidewalks Project #61009. Funding source is Gas Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award a contract to Better Roads, Inc. for the construction of the pathway project, Bid No.99 -2925. SUBMITTED BY: 1 Mitch Momtaz, P.E., Project Manager Office of Capital Projects Management DATE: �- / ( Li AGENDA ITE No. IL, ( a) Z ) JUN 2 2 1999 P9._ -_ REVIEWED BY• ` effrey Bibby, P.E., Director Public Works Engineering Department REVIEWED BY: Edward J. and, P.E., Director Department /o( Transportation APPROVED B Ed Ilschner, Administrator Public Works Division r-- F DATE DATE:'-- DATE: ' JUsw : BETT ER ROADS INC. 5590 SHIRLEY STREET MAPLE -S, FLORIDA 34109 �^ yONE (941) 597 -2181 AX (941) 597 1597 PROJECT US 41 SII)EWAi K:S LOCATION NAPLES E3E1 1 E -R RO(�I!' , I f�l( ��(�.5 f'41 t Post-it V,�x Vut, r, r,y ,► *Fax# From Co Phuno U."- - 99029 " BID ITEMS " UNIT DESCRIPTION QUAN. UN PRICE AMOUNT 2101 -1 MOBILIZATION 1.00 1 S $43,210.00 $43,210.00 2102 -1 MAINTENANCE OF TRAFIC 1 00 LS $14,440 00 $14.440.00 2104 -4 MOWING 0.40 HA $110.00 $4400 2104 -10 -1 HAY OR STRAW 288.00 EA $5.50 $1,584.00 2104 -12 TURBIDITY STAKED 4000 M 1 $11.00 $440 -00 2110 -1 -1 CLEARING 1.00 1 S $10,220.00 $10,220.00 2110 -4 PAVEMENT REMOVAL C 27.40 M2 $55 oo $1,50700 2120 -6 EMBANKMENT 1592.00 M3 $51.40 $81,828.80 2285 -709 OPT BASE (M9) 2200 M2 $69.00 $1,518 00 2300 -1 -3 BIT MAT TACK 7.90 1 1 $13.00 $102.70 2331 -2 TYPE S 380 MI $220.00 $836 00 2337 -7 -3 60 KG FC•3 (RUBI317R) 1.80 MI $69,000 $1,242.00 2339 -1 MISC ASPH 2,W MT $300.00 $750 00 2400 1 -11 CONC CL I (RET WAI ! S) 138.20 M3 $394.00 $54,450.80 2425 -1 -521 INLETS (DT B07) TYPE C 1 00 LA $1,282 00 $1,282 00 2425 1.551 INLETS (DT DOT) TYPE E 1.00 FA $1,834.00 $1,834.00 2425 -1.571 INLETS (DT E307) TYPE G 1 00 EA $4,569 00 $4,569.00 2425 -2.61 MANHOLES P -8 '-CC FA $1,088.00 $1.08800 2430 -11 -225 RCP 450MM SS 17.10 M1 $27800 $4,753.80 2430 -14 -225 RCP450MM SD 9 20 MI $264 00 $2,428 80 /--"9430- 14-23P ROP 900MM SD i 7.00 1141 $232.00 $3,944.00 30-141-004 HERCP 610X960 22 r0 M 1 S 192 00 $4,358 40 .430 - 142 -004 HERCP 490X9(30 6.80 M1 $3861.00 $2,624 80 2430 - 144 -003 HERCP 49OX77C 44.30 M1 $214.00 $9,480 20 2430 -144 -004 HERCP 610X960 1790 M ; $246 00 $4,403.40 2430 - 984 -225 MES 450 SD 1.00 FA $541.00 $54700 2430 -984 -238 MES 900 SD 2.00 E-A $1,717 0o $3,434.00 2430- 984 -403 MES 490X770 4 00 CA $1,05300 $4,212 00 2430 - 984 -404 MES 610X960 2.00 IA $1,258.00 $2,516.00 2515 -2 PIPE HANDRAIL_ ALUM 287.00 ht', S"4700 542,189.00 2520.2 CURB & GUTTER F 45 60 M1 $36.00 $1,641 60 2522-1 SIDEWALK CONC 100MM 3644.00 M2 $17.00 $61,948.00 2570 -5 FERTILIZER C 90 M1 $525 Co $472.50 2570 -9 WATER FOR GRASS 492.00 K1 $9.50 $4,674 00 2575-1 -3 SOD BAHIA 17567 CO M2 $1 40 $2.4,59380 2710 -11 REMOVE PAINT 16. ?0 M2 $11 31i $183.87 2710-25 -121 TRAFFIC STRIPE 300MM WBE3L 902.00 M1 $3.50 $3,157 00 2710 -25 -241 TRAFFIC STRIPF 600MM W8BL 21.00 M1 $5.25 $110.25 2620 -1 GROUNDING 105.00 M1 $13 65 $1,433.25 2630 -1 -12 CONDUIT UG 76.00 M1 $21.00 $1,596.00 2630 -1 -14 CONDUIT JACKED 487 00 M1 351 % $30,169.65 2632 -7 -1 CABLE SIGNAL 5.00 P1 $2,54F, 25 412,731.25 2635 -1 -11 PULL & JUNCT BOXES 17.00 EA $241.50 $4,105.50 2650 -1 -131 SIGNAL TRAFFIC 300 AS $651 50 $1,984.50 2653 -111 SIGNAL PED 7.00 AS 5551.25 $3,858 75 2653 -112 SIGNAL PED 8110 AS $1,097 2`, S8,778.00 2659 -107 SIGNAL HEAD AUX 9 00 LA $446 25 $4,016.25 2660 -2 -106 LOOP TYPE F 1.00 AS $719.25 $71925 2665 -13 DECT PEDESTRIAN 2300 EA $131 25 $3,018.75 2690 -10 SIGNAL HEAD TRAFF REM 2.00 FA $4200 $84 00 2690 -20 SIGNAL HEAD PED REM 3.00 FA $42.00 $12600 ,,'"-'`390.31 SIGNAL PEDESTAL REM 300 LA $19950 $598.50 90 -70 DETECTOR PED AS REM 100 PA $31.50 $9450 _737 -70 -1 LOCATE UG UTILITIES 2000 EA $23500 S4,700.00 2552 -2 CONCRETE SIDEWALK (150MM) 415.00 M2 $25.75 $10,6 fl - R-�-M 2671 -400 NEMA CONTROLLER MODIFY 5 00 E-A $2.399.00 $11.99 5.0% . TOTAL EXECUTIVE SUMMARY APPROVE WORK ORDER NO. CDM- FT -99 -6 WITH CAMP DRESSER & MCKEE, INC. FOR THE DESIGN OF THE PROPOSED DRAINAGE IMPROVEMENTS IN PORTIONS OF THE GATEWAY TRIANGLE AREA. PROJECT NO. 31803. OBJECTIVE: To gain Board approval to award the Gateway Triangle Alternate No. 2A Drainage Improvements design contract to Camp Dresser & McKee, Inc. (CDM). CONSIDERATION: Due to the frequent flooding in the Gateway Triangle Area, at the request of Collier County Stormwater Management Department, a study was performed by CDM in 1998 to investigate possible solutions. The study outlined three alternates, and the County staff selected Alternate No. 2 for further investigation and design. When the selected option was looked into closer, the two proposed detention/retention pond areas necessary for the design of Alternate No. 2 were not available. One was partially filled, and the other was the subject of a law suit. Consequently the County staff modified Alternate No. 2 and with a new drainage improvement configuration, requested the Board to approve the purchase of a 2.5 acre parcel (Forsyth property) to be used as a r^ detention/retention pond site. The Board approved the purchase on May 11, 1999, Since CDM completed the original study, it was logical to ask them to review the new Alternate No. 2A conceptual plans, run models to analyze storm events, finalize the design and obtain the necessary agency permits. The subject Work Order with CDM was negotiated to $57,000 and should be concluded in 240 days. This contract has already been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: The Engineering Consultant fees for the design is $57,000. Funds �- are budgeted in Water Management C.I.P. Fund 325 for this activity. A M.S.T. & B.U. is planned to pay for the construction costs of the project and this $57,000 expenditure will eventually be applied towards the County's at large portion of the total project cost. i GROWTH MANAGEMENT IMPACT: Not applicable RECOMMENDATION: That the Board of County Commissioners approve Work Order No. CDM- FT -99 -6 to Camp Dresser & McKee, Inc. and authorize the Public Works Engineering Department Director to sign the Contract for design. N0.- 1�zk�cir JUN 2 2 1999 PG. / Executive Summary Work Order No. CDM- FT -99 -6 Page 2 SUBMITTED BY: � /''t- DATE: Mitch Momtaz, P.E., Project Manager Public Works Engineering Department REVIEWED BY: DATE: , aA eff Bibby, P.E., Director Public Works Engineering Department REVIEWED BY: DATE: h " Joh H, Bold, P.E., P.S.M., Director Stormwater Management Department APPROVED BY DATE: Ed Ilschner, Administrator Public Works Division AGJNfiaEy NO JUN t 2 1SS9 PG. a Gateway Triangle Stormwater Improvements Scope of Services / Exhibit A April 27, 1999 TASK 1 - FIELD RECONNAISSANCE AND DATA COLLECTION CDM staff will visit the project site to determine the feasibility and constructibility of the proposed drainage improvements and to define appropriate construction materials applicable for this project CDM will prepare a description of the field surveying required for the stormwater modeling and design of this project. CDM will also prepare a Scope of Services for soil investigations in the project area to define soil characteristics and groundwater depths. Services of surveying and geotechnical will be contracted by Collier County separately from this scope of services. TASK 2 — CONCEPTUAL DESIGN Conceptual plans to a thirty percent (30 %) design completion status will be prepared to layout the proposed improvements and define the constructibility of the project. The conceptual plans will define whether a wet or dry pond can be reasonably constructed and will be submitted to the County for review and approval prior to the commencement of subsequent tasks. The conceptual design will be reviewed by CDM senior staff. Easements for the project will be identified. The County will handle easement acquisition. CDM will meet with the County to review and discuss the conceptual design. TASK 3 - PERMITTING PRE - APPLICATION MEETING A pre - application meeting will be held with SFWMD to explain the project and define environmental permitting requirements. This meeting will be scheduled following Task 2 and after receipt of surveying and geotechnical information. CDM will issue minutes of the meeting describing what special permitting considerations the project will have to address. The wet /dry pond issue is expected to be a design topic at this meeting. TASK 4 - PRELIMINA R Y DESIGN AND PERMITTING A computer numerical stormwater model of the project area will be developed with the actual field information provided by the surveyor. This model will determine the post- improvement condition based on the available amount of storage necessary to be developed at the detention pond site in order to attenuate as much flooding as practicable. The project modeling will address drainage system and site grading improvements to limit area flooding to the maximum extent practicable. At the conclusion of the stormwater modeling for the project, CDM will further refine the conceptual design plans to a sixty- percent (60 %) level of completion and submit the preliminary plans to the County for review and comment. CDM will prepare an appropriate Environmental AGCND I S iio.11a:.��C 6295mb- 270.doc 04/27/99 JUN 2'2 1999 PG. .3 Gateway Triangle Stormwater Improvements Scope of Services Resource Permit (ERP) application for submittal by the County. The 60% plans will be attached as technical information to the ERP. CDM will have one meeting with the County to review the modeling, plans and ERP. A CDM senior stormwater engineer will review the modeling, plans and ERP for QA /QC. TASK 5 - FINAL DESIGN As directed by the County, CDM will develop final construction plans and specifications for the proposed drainage improvements to direct area runoff into a detention pond to reduce flooding as much as practicable. The engineering plans will address the construction of a detention pond south of Linwood Avenue and east of Pine Street, a new stormsewer on Linwood Avenue from Commercial Drive to the new detention pond, a new stormsewer from Kirkwood Avenue to Linwood Avenue, and channelization improvements of the existing ditch south of the detention pond to US 41. Piped flow on Linwood Avenue will be considered such that high flow will be routed westward away from the detention pond, while low flows will be routed eastward into the detention pond. Final deliverables for this project will be the construction plans and specifications in reproducible forms for the County to copy for sale of contract documents. The County's front - end specifications will be used. Reproducible plans will be 24" x 36" vellum CADD drawings in AutoCad version 14. Construction plans will be submitted at the 90% completion level for County review. An Engineer's Opinion of Probable Costs will be prepared and submitted with the 90% plans. A CDM senior stormwater engineer will review the plans and specifications for QA /QC. COMPENSATION The lump sum fees for each task are listed below: Task 1 - Field Reconnaissance & Data Collection $2,786 Task 2 - Conceptual Design $5,594 Task 3 - Permitting Pre - Application $1,075 Task 4 -Modeling $5,552 Preliminary Design $20,520 Permitting $5,854 Task 5 - Final Design $15,619 Total: $57,000 Schedule / Exhibit C Task Time Required 1 3 weeks following notice to proceed 2 4 weeks following receipt of survey & geotechnical 3 1 week following completion of Task 2 4 6 weeks following completion of Task 3 5 1 4 weeks following receipt of County Comments FNO + v 99 9 6295mb- 270.doc 04/27/99 N c N E a� O d E m 3 E `o c CO_ c m W U m ti U 0 m ~ O O to O O O O Ln 62 m N H H 00 OD O) v O N co 0 (n — O) C) 'T V ti (n U CNf ui 69 (ri of ui v Ci rn 69 69 69 r t9 — 0 69 61% (04 O O co M r- 0) CL' co N > p (OHO O Q 2 O O O 0 0 0 0 0 O Cl 69 69 `� U) O 00 U 69 1 �i U 69 Eli •C Y 0) � U O co 00 (V N O O N � O CO (D L6 D vO 6.3,2: } co O O O Cl O O O O O 690)69 a0(nOOM �t N Lo V O N U 69��(na 69 69 69 NN a) 2 •N 0 O N O N O O (D O co 000 o r N O 69 = ~ 0 0 0 O O O O O O V N 64 O Cl O O (D 00 . — (n — CO IT 64 N cl N N N 6A 69 69 69 69 — C = 69 C O (n N (D O Cl 0 0 C) coo W O j Cl) IT o O 69 = ~ (� O O O 0 0 0 0 0 m O d' 00 N O N 14' •— 0) 00(031 (D V) O(nN C U 69 ..:.69 — N 69 N O 69 69 69 69 .— = 6A W 0 O co co (D 'T O V 00 N 00 0 N N O 00 9T co 00(n CD 00o(n V IT m 00 00 N (Y) O (n (n — O O u') (D uo U — � - L 69 Q.0 = 69696A w696969 C N 0 (n tt [t r- 00 co .Y C14 r) O 69 = 0 0 0 O O O O O O w 69 LO CD H M m M M V (� 6A 64 60 69 0 (n O N (V O N O N OD O O r O 6fl _ rn o _o)_ U E E m CL m CL 0 m °6va.c �o rn v c 0 rnCD m v E E (n a) O N i) O (Yn tt Uaa- 2acL ti-a 1— N M 4 t0 N r O o ti h O in ([1 w (C O ~ M N � N H N U► H N M Vol 0 p p N ao C4 N m CD 0 6n r N O N H H V► M H N y p 0 0 (n co Go O N O) F rn o H H H cc E d d ad a ad a) a c c c v_T rn C O !a Q) d d m E EV y LL U m d m d m w O I— LA H aGEnoa IT JUN 2215:j" WORK ORDER # CDM- FT -99 -6 Agreement for Fixed Term Professional Engineering Services Dated December 8, 1998 (Contract #98 -2835) i This Work Order is for professional engineering services for work known as (Title) Gateway Triangle Drainage Improvements (Reason for Project) To ImQrove the Drainage flow in the Area The work is specified in the proposal dated April 27. 1999- which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above,Work Order # CAM- FT -99 -6 is assigned to: Camp Dresser &c McKee Inc. (Firm Name) Scope of Work: See the attached Scope of Work Schedule of Work: Complete work within 240 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated below. $57,000 (lump sum) Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. 57/1 ej le-1 Cj _l i PREPARED BY: /�// f ��1�`� c Mitch Momtaz, P.E., Project Manager PWED Date AUTHORIZED BY: U� ! Joh H. Boldt, P.E., Director SWMD Date APPROVED BY: Jeff Bibby, P.E., PWED Director Approved as to Form and Legal Sufficiency: Assistant County Attorney — ATTEST: (Corporate Secretary) By Mario J. M caccio Assistant Secretary ACCEPTED BY Date: Date Camp Dresser & McKee, Inc. By: Signature Thomas G. Walker, P.E., DEE Associate AGf,NDA ITfOM._ N0. /�q� JUN 2 2 1995 PG. W JUNE 22,1999 AGENDA ITEM 16(B)(9) Work Orders for Intersection Improvements Initialed by County Attorney Office WORK ORDER # RCS- 98 -BR -01 Agreement for Roadway Contracting Services Dated: March 9, 1999 (RFP 98 -2905) This Work Order, approved by the Board of County Commissioners on June 22, 1999, is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: Shadowlawn Drive /Davis Blvd. Intersection Improvement (Project No. 69183) The work is specified in the proposal dated June 7, 1999 from Better Roads, Inc. which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, NVork Order # RCS- 98 -BR -01 is assigned to Better Roads, Inc. Scope: Contractor is to supply labor and material and complete the turnkey construction of roadway intersection improvements in accordance with the plans and specifications as prepared by Hole, Montes and Associates, Inc. identified as Shadowlawn Dr./Davis Blvd. Project No. 66065. Subsequent to the completion of the intersection improvement design work, the various intersections were each assigned individual project numbers. The Shadowlawn Dr./Davis Blvd. Intersection is now assigned Project Number 69183. Schedule of Work: As submitted in the contractor's quote, all work is anticipated to be completed by September 30, 1999, but must be completed prior to November 12, 1999. Compensation: In accordance with Item 13 of the Agreement, the County will compensate the Firm, upon completion of the work. in accordance with the Bid Schedule received on June 7, 1999, showing a Project total of S126,922.59. Any change made subsequent to final department approval «-ill be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the A(-,reement. PREPARED BY: REVIEWED BY: Robert C. Wiley, P.E., Project Manager III Date Public Works Engineering Department Jeff Bibby, P.E., Director Date Public Works Engineering Department - ell Work. Order RCS- 98 -BR -01 Page 2 ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk Approved as to Form and Legal Sufficiency: Assistant County Attorney DATE: ATTEST: (Corporate Secretary) By: Typed Name and Title (or) witnesses (2) Signature (Print Name) File: W.O.RCS- 98- BR- 01.doe Shadowlawn Drive /Davis Blvd. Intersection Improvements BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: Pamela S. Mac'Kie, Chairwoman BETTER ROADS, INC. MR (2) Signature and Title CORPORATE SEAL Signature (Print Name) BID SCHEDULE COLLIER COUNTY INTERSECTION IMPROVEMENTS SHADOWLAWN DR. AND DAVIS BLVD. ROADWAY ITEMS 327 -70 -1 331 -72 -14 333 -1 -1 425 -3-82 425 -1 -351 430 -11 -325 430 - 141 -104 430 - 984 -404 520 -1 -8 520 -1 -10 522 -1 Milling of Existing Asphalt (1 ") Type S -1 Asphaltic Concrete (1 1/2 ") Type S -III Asphalt Concrete (1 ') Junction Box Special(> 1 0')CDS Basin (PSW30 -28 Left) Type P -5 Curb Inlet ( <10') Concrete Pipe Culvert (Storm Sewer)(Type III)(18 ") Elliptical Concrete Pipe Culvert (24" x 38 ") Mitered End Section (24" X 38 ") (ERCP) Concrete Curb & Gutter (Special - drop curb) Concrete Curb & Gutter (Type F) Concrete Sidewalk 4" 524 -2 Concrete Slope Pavement 575 -1 -1 Sodding (Bahia) ROADWAY ITEMS TOTAL s '.199n9740\Btd•Schad•Shadowlawn xIs 1.557 SY $ > �C' Estimated 677 SY $ Item No. Description Quantity Unit Unit Price Amount 101 -1 Mobilization 1 LS / 101 -1 -1 Provide /Maitain "As Built" plans 1 LS $�Z-S 2.00 $ �ZSZ d i 101 -1 -2 Provide Construction Survey and Layout 1 LS $ 20 ; Cq0 101 -1 -3 Preservation of Survey Monuments 1 LS $ =� (,.,S . Q0 101 -2 Provide /Maintain project schedule 1 LS $ 0!��-7,JO 102 -1 ` Maintenance of Traffic 1 LS c} 102 -3 Commercial Material for Driveway Maintenance 20 TN S 2� �� $� 104 -10 Baled Hay or Straw 0.5 TN $ �� $ 104 -13 Staked Silt Fence AVF11> 850 LF S Z ' /U $ /, 7 ti 5 • C!(� 110 -1 -1 I-, Clearing nd Grubbing d 9 9 Np B 1 LS S G, 7/ CiC.S 2. �� %/. c :: 120 -1 Regular Excavation A 9.9j9 ryC 380 CY $ � �� $Ca, 120-6 EmbankmentI0l 126 CY S wGy S/, 160: Type B Stabilization (LBR 40) (12" Thick) 773 SY S $Z��j y 265- 705 -157 Asphaltic Base Course (ABC -III) (4 ") 575 SY S 300 -1 -1 Bituminous Prime Coat 73 GA S S� S 300 -1 -3 Bituminous Tack Coat 20 GA S = C� 327 -70 -1 331 -72 -14 333 -1 -1 425 -3-82 425 -1 -351 430 -11 -325 430 - 141 -104 430 - 984 -404 520 -1 -8 520 -1 -10 522 -1 Milling of Existing Asphalt (1 ") Type S -1 Asphaltic Concrete (1 1/2 ") Type S -III Asphalt Concrete (1 ') Junction Box Special(> 1 0')CDS Basin (PSW30 -28 Left) Type P -5 Curb Inlet ( <10') Concrete Pipe Culvert (Storm Sewer)(Type III)(18 ") Elliptical Concrete Pipe Culvert (24" x 38 ") Mitered End Section (24" X 38 ") (ERCP) Concrete Curb & Gutter (Special - drop curb) Concrete Curb & Gutter (Type F) Concrete Sidewalk 4" 524 -2 Concrete Slope Pavement 575 -1 -1 Sodding (Bahia) ROADWAY ITEMS TOTAL s '.199n9740\Btd•Schad•Shadowlawn xIs 1.557 SY $ > �C' S .' Z���• SCE 677 SY $ 2.234 SY $ �5 $ Si (7/7J�. JCS �2 2&7 62 140 LF $ 46 LF $UC� $Z, 1 EA $ ��C�� $ 30 LF $ $ s9 u 347 LF $ 138 SY $ $ �L %Y • �� 133 SY $ �' ��i $ 611 199 BID SCHEDULE COLLIER COUNTY INTERSECTION IMPROVEMENTS SHADOWLAWN DR. AND DAVIS BLVD. SIGNING AND PAVEMENT MARKING ITEMS Item No. Description Estimated Quantity Unit Unit Price Amount 700 -46-21 Roadway Sign, Single Post, Relocate 5 AS $ 2/ 2-0 $ 0 706 -1 -112 Reflective Pavement Markers (Class B) GlC] (Colorless, Mono - Directional) , 25 EA $ Jam• $ 706 -1 -312 Reflective Pavement Markers (Class B) 3 ��% /L�y (Amber, Bi- Directional) 32 EA $ $ 711-: Directional Arrows, Thermoplastic 10 EA $ 711 -5-2 Guide Lines, Thermoplastic, Yellow 200 LF S 62- S 711 -33 Skip Traffic Stripe, Thermoplastic, White, 6" 80 LF S t5. S U 711 -35 -61 Solid Traffic Stripe, Thermoplastic, White, 6" 1,413 LF S c,12. 2— >- S 711 -35 -121 Solid Traffic Stripe, Thermoplastic, White, 12" 209 LF S ./ O / S 711 -35 -241 Solid Traffic Stripe, Thermoplastic, White, 24" 52 LF S Z, S S $ /Z2, Co 0 711 -36 -61 Solid Traffic Stripe, Thermoplastic, Yellow, 6" 1,124 LF S &�2- S —4�S '5�. S`Z- SIGNING AND PAVEMENT MARKING ITEMS TOTAL G �F'P rydpJPS��"t�'�.i • �,� ��9 j'IC 4f0j zZS-`1 / s %1 99 719 7 4 0\Bid- Sched- Shadowlawn.xls 2 611/99 BID SCHEDULE COLLIER COUNTY INTERSECTION IMPROVEMENTS SHADOWLAWN DR. AND DAVIS BLVD. SIGNALIZATION ITEMS ,� 4b 1 AS S /2 S 639 -2 -1 Electric Wire Service p,PS' F(��,p' 641 -15-;8 Concrete Strain Pole (Type VII) 650 -1 -131 Traffic Signal, 12" STD. (3 section, 1 way) 650 -1 -132 Traffic Signal, 12" STD. (3 Se -ction 2 way) 650 -1 -134 Traffic Signal, 12" STD. (3 Section 4 way) 653 -111 Pedestrian Signal, (1 Section, 1 way, 12" Lens) 659 -131 Signal Head Back Plate, (3 Section) 660 -1 -106 Inductive Loop Detector (type 5) 660-2-106 Loop Assembly (Type F) 665 -12 Pedestrian Detector Station (includes Post) 670- 113 -051 Actuated Solid State Controller 690 -10 Remove Traffic Signal Head Assembly 690 -20 Remove Existing Pedestrian Signal Assembly 690 -30 Remove Existing Concrete Strain Pole 690 -70 Remove Pedstdan Detector Assembly 690 -80 Remove Span Wire Assembly 690 -100 Remove Miscellaneous Signal Equipment 690 -50 Remove Controller Assembly SIGNALIZATION ITEMS TOTAL s \1997\9740\©id- Sched- Shadowlawn xls 3 50 LF S S 1 EA S.JC3/" (7uS J,C /�.� -�C% 2 AS Sl l q S-� 1 AS S :;�' c% % 1 AS S 6 EA S �3•ZJ S l Cam, 3 EA S S /i `-%W CL; 10 EA S 1 EA $ �� �U $ 1 EA $ ^ ✓ $ 1 AS $ $ 1 AS $ lv'6U C'/o, $ /(�`/��! 1 AS $ /C .C%C/ $ �(� - DL 611199 Estimated Item No. D Description Q Quantity U Unit U Unit Price Amount 620 -1 -1 G Grounding Electrode 9 90 L LF $ $ 630 -1 -13 C Conduit (Under Pavement) 1 132 L LF S S 632 -7 -1 C Cable (Signal) 1 1 P PI $ $ 634-; -112 S Span Wire Assembly (diagonal span) 1 1 P PI S S �2J $ 635 -1 -11 P Pull Box 'Ie 3 3 E EA S S 639 -1 -11 E Electric Power Service Nd , 639 -2 -1 Electric Wire Service p,PS' F(��,p' 641 -15-;8 Concrete Strain Pole (Type VII) 650 -1 -131 Traffic Signal, 12" STD. (3 section, 1 way) 650 -1 -132 Traffic Signal, 12" STD. (3 Se -ction 2 way) 650 -1 -134 Traffic Signal, 12" STD. (3 Section 4 way) 653 -111 Pedestrian Signal, (1 Section, 1 way, 12" Lens) 659 -131 Signal Head Back Plate, (3 Section) 660 -1 -106 Inductive Loop Detector (type 5) 660-2-106 Loop Assembly (Type F) 665 -12 Pedestrian Detector Station (includes Post) 670- 113 -051 Actuated Solid State Controller 690 -10 Remove Traffic Signal Head Assembly 690 -20 Remove Existing Pedestrian Signal Assembly 690 -30 Remove Existing Concrete Strain Pole 690 -70 Remove Pedstdan Detector Assembly 690 -80 Remove Span Wire Assembly 690 -100 Remove Miscellaneous Signal Equipment 690 -50 Remove Controller Assembly SIGNALIZATION ITEMS TOTAL s \1997\9740\©id- Sched- Shadowlawn xls 3 50 LF S S 1 EA S.JC3/" (7uS J,C /�.� -�C% 2 AS Sl l q S-� 1 AS S :;�' c% % 1 AS S 6 EA S �3•ZJ S l Cam, 3 EA S S /i `-%W CL; 10 EA S 1 EA $ �� �U $ 1 EA $ ^ ✓ $ 1 AS $ $ 1 AS $ lv'6U C'/o, $ /(�`/��! 1 AS $ /C .C%C/ $ �(� - DL 611199 690 -80 Remove Span Wire Assembly 690 -100 Remove Miscellaneous Signal Equipment 690 -50 Remove Controller Assembly SIGNALIZATION ITEMS TOTAL s \1997\9740\©id- Sched- Shadowlawn xls 3 50 LF S S 1 EA S.JC3/" (7uS J,C /�.� -�C% 2 AS Sl l q S-� 1 AS S :;�' c% % 1 AS S 6 EA S �3•ZJ S l Cam, 3 EA S S /i `-%W CL; 10 EA S 1 EA $ �� �U $ 1 EA $ ^ ✓ $ 1 AS $ $ 1 AS $ lv'6U C'/o, $ /(�`/��! 1 AS $ /C .C%C/ $ �(� - DL 611199 611199 BID SCHEDULE COLLIER COUNTY INTERSECTION IMPROVEMENTS SHADOWLAWN DR. AND DAVIS BLVD. BID SUMMARY SUBTOTAL - ROADWAY SUBTOTAL - SIGNING AND PAVEMENT MARKING $�S,Z��c�°v SUBTOTAL - SIGNALIZATION $ 3,:2, 366- �-o B PROJECT TOTAL tipo�eo 4h �s + Rp�'os 1p1 sAl997\9740\8id •Schad -Shad owlawn.xis 4 611/99 COLLIER COUNTY MULTIPLE INTERSECTION IMPROVEMENTS ANTICIPATED CONSTRUCTION SCHEDULE Intersection Start Construction Finish Construction White Blvd. /CR -951 Davis BlvdJShadowlawn Drive - — ( _ - I Airport Rd. /G.G. Parkway T J -/ 5--Z 2 1 I � I Note: All intersection improvements must be completed prior to November 12, 1999. Earlier completion dates are preferred, especially for White Blvd. /CR -951 and Airport Rd. /G.G. Parkway. BF A y •o F,p 44p'' *pfi�.,O WORK ORDER # RCS- 98 -BR -02 Agreement for Roadway Contracting Services Dated: March 9, 1999 (R.FP 98 -2905) This Work Order, approved by the Board of County Commissioners on June 22, 1999, is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: Airport Road/Golden Gate Parkway Intersection Improvement (Project No. 69193) The ,,work is specified in the proposal dated June 7, 1999 from Better Roads. Inc. which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, «'ork Order # RCS- 98 -BR -02 is assigned to Better Roads, Inc. Scope: Contractor is to supply labor and material and complete the turnkey construction of roadway intersection improvements in accordance with the plans and specifications as prepared by Hole, Montes and Associates, Inc. identified as Airport Road/Golden Gate Parkway Project No. 66065. Subsequent to the completion of the intersection improvement design work, the various intersections were each assigned individual project numbers. The Airport Road/Golden Gate Parkway Intersection is now assigned Project Number 69193. Schedule of Work: As submitted in the contractor's quote, all work is anticipated to be completed by September 30, 1999. but must be completed prior to November 12, 1999. Compensation: In accordance with Item 13 of the Agreement, the County will compensate the Firm, upon completion of the work, in accordance with the Bid Schedule received on June 7, 1999, showing a Project total of S135,775.78. Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. PREPARED BY: REVIEWED BY: Robert C. Wiley, P.E., Project Manager III Date Public Works Engineering Department Jeff Bibby, P.E., Director Date Public Works Engineering Department Work Order RCS- 98 -BR -02 Page 2 ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk Approved as to Form and Legal Sufficiency: r— Assistant County Attorney DATE: ATTEST: (Corporate Secretary) By: Typed Name and Title (or) witnesses (2) (1) Signature (Print Name) File: w.O.RCS- 98- BR- 02.doc Airport Road /Golden Gate Parkway Intersection Improvements BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: Pamela S. Mac'Kie, Chairwoman BETTER ROADS, INC. to (2) Signature and Title CORPORATE SEAL Signature (Print Name) BID SCHEDULE COLLIER COUNTY INTERSECTION IMPROVEMENTS AIRPORT - PULLING RD. AND GOLDEN GATE PKWY. ROADWAY ITEMS s 11 997\97400d- Sched- Airport.xts 1 6!1!99 Estimated Item No. Description Quantity Unit Unit Price Amount 101 -1 Mobilization 1 LS $eg/7s(ys �� ,�9iS, 0") 101 -1 -1 Provide /Maintain "As Built" plans 1 LS $ --5V, 00 $ J 101 -1 -2 Provide Construction Survey and Layout 1 LS $�l ,7, 2/0J $ / 2ZI e2L,) 101 -1 -3 Preservation of Survey Monuments 1 LS $_30V61,0 S 101 -2 Provide /Maintain project schedule 1 LS $ AT()() $ v`' 99 % -- 102-1 Maintenance of Traffic 1 LS G $ , DU 5. 01) $ 01665 • `O 104 -11 Floating Turbidity Barrier 140 LF $ �� %'rU �, !i zlo -oa 104 -13 Staked Silt Fence pit 7-r 1,405 LF $ 0 $ 110 -1 -1 °� Bo Clearing & Grubbing Naples ri J �HC. 1 LS $ 3, a� ` $ 120 -1 Regular excavation ` 3g1Q1 444 CY S • 50 $ 160-4 Type B Stabilization (LBR 40) (12" Thick) 795 SY S �- �D S 285 -709 -327 Asphaltic Base Course (ABC -III) (6 ") 595 SY S / )- 0 5 S 7, 75 300 -1 -1 Bituminous Prime Coat 89 GA $ -.5 5 S 300 -1 -3 Bituminous Tack Coat 24 GA S 327 -70 -1 Milling of Existing Asphalt (1 ") 7,377 SY S 331 -72 -24 Type S -I Asphaltic Concrete (2 112 ") 595 SY S 333 -1 -1 Type S -III Asphaltic Concrete (1 ") 7,377 SY $ ' � 0 $ 14, 154. 333 -1 -2 Type S -III Asphaltic Concrete (1 1/4 ") 595 SY $ y 1� S 339 -1 Miscellaneous Asphalt Pavement 20.5 TN $ $ 3 u�, 730 69&' 425 -1 -351 ed) Type P -6 Curb Inlet ( <10') (Modified) 1 E $-`1 -- ") —'2 430 -11 -323 Concrete Pipe Culvert (Storm Sewer)(Type III)(15 5 LF3L/$ $ 520 -1 -10 Concrete Curb &Gutter (Type F ) 986 LF $ � � $ �, � J � 520 -5 -15 Concete Traffic Separator (2') (Type IV) (Option 1) 674 LF $ /� $ 7 `/0• `4 520 -70-89 Concete Traffic Separator (2'- 4') (Type IV) (Option 1) 17 5Y $ /y • 5 $ 536 -7 Special Guardrail Posts (Steel) 1 EA $ 1,27- ° c $ 7' �J 538 -1 Resetting Guardrail 806 LF $ '7 $ ��°?5•q' 575 -1 -1 Sodding (Bahia) 600 SY $ ;l `� $ / /1 , — ROADWAY ITEMS TOTAL $rim 122 s 11 997\97400d- Sched- Airport.xts 1 6!1!99 BID SCHEDULE COLLIER COUNTY INTERSECTION IMPROVEMENTS AIRPORT - PULLING RD. AND GOLDEN GATE PKWY. SIGNING AND PAVEMENT MARKING ITEMS Estimated Item No. Description Quantity Unit Unit Price Amount 700 -46 -11 Roadway Sign, Single post, Remove 700 -46 -21 Roadway Sign, Single post, Relocate 705 -1 -212 Reflective Pavement Markers s \1997\974MBid- Sched- Airport xls 2 1 (Class B)(Colorless /Red) 706 -1 -312 Reflective Pavement Markers Bf� $ (Class B)(Amber Bi- directional) A•0 FR 4 s, f�'99 j9 jyC' $ 4101 711 -3 Pavement Message, Thermoplastic 711-4 Directional Arrows, Thermoplastic 711 -5 -1 Guide Lines, Thermoplastic White 711 -5-2 Guide Lines, Thermoplastic Yellow 711 -33 Skip Traffic Stripe, Thermoplastic, 6 ", White 711 -35-61 Solid Traffic Stripe, Thermoplastic, 6" White 711 -35 -241 Solid Traffic Stripe, Thermoplastic, 24 ", White 711 -36 -61 Solid Traffic Stripe, Thermoplastic, 6 ", Yellow SIGNING AND PAVEMENT MARKING ITEMS TOTAL s \1997\974MBid- Sched- Airport xls 2 1 AS $ /10' ca $ 7(). 00 4 AS $ O a�'� $ 0 b 7 134 EA $ �' S 5 3 EA S q5 $ 7 EA S �� . d$ j 7 f' d° 23 EA S 1'� S c? 75• ,dc' 450 LF S G 3a S c'a /Vt/ 135 LF S () " S //• (0 4' & J 1,761 LF S �' �a $ S(P 'S • 5--2 3,074 LF S G' 3 a $ (91 3. 6D 81 53 LF S ' S`� S 4/c? 1,468 LF S (1 $ %U� 6 6/1199 BID SCHEDULE COLLIER COUNTY INTERSECTION IMPROVEMENTS AIRPORT - PULLING RD. AND GOLDEN GATE PKWY. SIGNAUZATION AND LIGHTING ITEMS Estimated Item No. Description Quantity Unit Unit Price Amount 630 -1 -12 Conduit (Under Ground) 620 LF $ �' $ 31 3 L18, 00 639 -2 -1 Electric Wire Service 620 LF $ R-05 $ /, a -7/. uu 715 -441 -150 Relocate Existing Light Pole and Luminaire - 4 EA $ Y7,?, bU $ 3z —1 9T - cU v SIGNALIZATION AND LIGHTING ITEMS TOTAL BF A O�FR 4'ap7' Bo �'t0 es F` 99. l�• to, s \1997\9740\B1d- Sched- Airport.xls 3 6/1199 BID SCHEDULE COLLIER COUNTY INTERSECTION IMPROVEMENTS AIRPORT - PULLING RD. AND GOLDEN GATE PKWY. BID SUMMARY SUBTOTAL - ROADWAY SUBTOTAL - SIGNING AND PAVEMENT MARKING SUBTOTAL - SIGNALIZATION AND LIGHTING PROJECT TOTAL 8E7-rER N,1,0 ' ° 9,g' INC. '4101 io 7, o� $ Za= 7 7 � s \1997 \9740 \Bid - Sched- Airport.xls 4 6/1199 COLLIER COUNTY MULTIPLE INTERSECTION IMPROVEMENTS ANTICIPATED CONSTRUCTION SCHEDULE I � Start Finish Intersection Construction Construction I White BlvdJCR -951 I I Davis Blvd. /Shadowlawn Drive Airport Rd. /G.G. Parkway ?% -/ 5-- i Note: All intersection improvements must be completed prior to November 12, 1999. Earlier completion dates are preferred, especially for White Blvd. /CR -951 and Airport Rd. /G.G. Parkway. ,o BF d�IPS60 • � 99 .S' l0 EXECUTIVE SUMMARY APPROVE WORK ORDER # CDM- FY -99 -1 FOR THE SYSTEM REHABILITATION PROGRAM - WEST WINDS PROJECT OBJECTIVE: That the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, approve Work Order #CDM- FY -99 -1 to perform engineering services related to the design for the replacement of the water distribution system at the West Winds Mobile Home Park. CONSIDERATIONS: 1. That the Board of County Commissioners, as part of the 1998 -99 budget process approved funds for the rehabilitation of several sections of the Collier County Water District. The West Winds area was selected for rehabilitation first as the System is sub - standard and lacks proper fire protection for the customers residing in this area. 2. The Work Order as attached shows the three tasks that will be completed under this one work order. The tasks include: modeling the existing and proposed distribution system; preparing construction plans and specifications; providing bidding services and providing surveys /geotechnical data in support of preparing the bidding documentation. -^ FISCAL IMPACT: The fiscal impact of approving this Work Order is in the amount of $45,150. Funds are budgeted in the Water Capital Projects Fund, within the System Rehabilitation Project. GROWTH MANAGEMENT: None RECOMMENDATION: Staff recommends that the Board of County Commissioners, as the Ex- Officio governing Board of the Collier County Water -Sewer District approve Work Order #CDM- FY99 -1 and authorize the Water Director to execute the work order. SUBMITTED BY: Pam Libby, Field S tolvisor REVIEWED BY: Paul Mattausch, Water Director APPROVED BY: Ed Ilschner, Public Works Administrator S WORK ORDER #CDM- FY -99 -1 .Agreement for Fixed Term Professional Engineering Services Dated ---------------- - - - - -- This Work Order is for professional engineering services for work known as Distribution System Rehabilitation The Proiect is the replacement and upgrade of older sections of the Collier County Water District that are in need of major repairs. This is part of an overall 5 year plan to rehabilitate the oldest sections of our District. The work is specified in the proposal dated November 19. 1998 which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #CDM- FY -99 -1 is assigned to Camp. Dresser & McKee. Inc. Scope of Work: Task 1 - Model the existing West Winds system and proposed replacement system. Task 2 - Prepare construction plans and specifications. Task 3 - Provide bidding services. Task 4 - Additional Services: Site Surveys and geotechnical data collection. Schedule of Work: Complete work within 90 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below - See Attachment A: Task 1/2/3: $27,000 Reimbursable Task 4: $18.150 TOTAL FEE $45.150 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: P�nielajL by, 1�ld Supervisor Date AUTHORIZED BY: JI ""l �(�.,., ,v/ �� / ✓✓ Paul Mattausch. Water Director Date APPROVED BY: Ed Ilschner, Public Works Administrator Date Approved as to Form and Legal Sufficiency: .__._ p Cry Lit_��_ Ass'stant ounty Attorney ACCEPTED BY: Date: Camp. Dresser & McKee, Inc. i 7 7n ATTEST: (Corporate. Secretary) Bv: Name and Title By: Signature j U -'N Received 20- Oct -98 03:03pm from CCITT G3 -* CC WATER DEPT NGV.19.1998 1 :59RIll CAMP DRESSER MCKEE f ODIMCamp Dresser & McKee Inc. page 2 No. 520 P.2 01710(19 lets Main Street, Suite 1002 0'7011"V Sarasota, Florida 34236 Cons aperaflOMaecns Tel: 941363-9608 Fax: 941363-0089 November 19, 1998 Mr. Phil Cramer Distribution Supervisor Collier County Governmelit Public Works Division 3301 E. Tamiami Trail, Building H Naples, Florida 33942 RE: West Wind Mobile'Home Park Water Distribution�System Replacement Project Fixed Term Services Contract 095 -2422 Dear Mr, Cramer: This proposal for professional engineering services is prepared in response to our meeting of the replacement of the water distribution system at West Wind Mobile Home Park. ave divided this proposal into two parts. Part 1 consists of all CDM services, The proposed cost for Part 1 is $27,000,00, Part 2 comprises Task 4 and is offered as an option for the County to consider and consists of Law Engineering providing geotechnical services at a cost of $3,150,00 and Johnson Engineering providing site surveys for $15,000.00, Ifthe County elects to have CDM provide these services under out contract, the cost for Part 2 will be $18,150.00. Based on our discussions, CDM is prepared to provide the following: Task I - Model the-existing and proposed distribution s, s, s1. CDM will model the existing water distribution'system as identified on the Spade Engineering site plan provided us by Mr. Cramer. CDM will also model the proposed design to demonstrate conformance with the appropriate fire flow regulations, CDM will provide a written report of the results of our findings with a graphic showing the proposed distribution system improvements. Task 2 - PreUnrl construction ns and snecificalons, CDM will prepare plans and specifications in the formal of construction bid documents in conformance with applicable county administrative and technical codes. Draft (90 percent complete) documents shall be submitted for county review. Comments received on draft documents will be addressed in final documents. CDM will provide the county with five sets of documents and a complete set of reproducible final documents, 2 d tteceived 20- UCt -98 03:03pm from CCITT G3 -> CC WATER DEPT page 3 NGV.19.1995 2:00ph1 CAMP DRE'SSEP MCk'.EE NG.920 P.S CDM Camp Dresser & McKee Inc. Mr. Phil Cramer November 19, 1998 Page 2 lash 3 - Provide bidding_services_ CDM will provide the official advertisement of the project, conduct a prebid conference, prepare addenda as appropriate, conduct the distribution of the bid documents and all addenda to prospective bidders and other interested parties, evaluate the bids and provide a recommendation to award to the county, Services during construction can be provided under a separate authorization, if desired Task 4 - Additiongl Services tau i ail. CDM will contract Johnson Engineering for site surveys and Law Engineering for geotechnical data in support of the preparation of bidding documents. The county may elect to procure these services directly. Schedul& The schedule for Tasks 1 and 2 shall be within 90 days of a written Notice To Proceed. Task 3 shall begin within ? days of the acceptable completion of Tasks 1 and 2. Task 4 (optional) shall be completed concurrently with Tasks 1 and 2, The attached table provides an estimate for each task u ing the rates established in our Fixed Term Services Contract with the County. The total lump surd fee is $45,150. We are avail able to begin work irrunediately upon written No Ice to Proceed. Should you have any questions, please do not hesit a to call me. Sincerely, CAMP DRESSER & MCKEE NC. V- VL 4 V_ rl Richard D. Moore, PE, DEE Vice President C ` V` M Bobo Reeder, Collier County Tom Walker. CDM Jim Hagerty, CDM Marie Mahan, CDM RDNVirnp V " RDNW.17 V l 0 N:_ jIt 1 {{-�- j U F W C Q" SR V7 ~ r� 0 C A ►b V ' d 026 ' ON 3-AMDW i -13SS36a dwtD Wd00 : c B66 ti ' 6 T ' AON b abed ld3O 831VM 00 f CO llloo wo.il wdE0 :E0 86- 100 -03 paniaOaa w N V Q Wes. L cts RV y A t j •i� fJ� W C Q" SR V7 ~ r� 0 C A ►b V ' d 026 ' ON 3-AMDW i -13SS36a dwtD Wd00 : c B66 ti ' 6 T ' AON b abed ld3O 831VM 00 f CO llloo wo.il wdE0 :E0 86- 100 -03 paniaOaa w N V Q Wes. L cts RV t j •i� fJ� .A� r�e y ��'! Op O � 00 O oo C a I n oa c c 4 �. 40� W Jpp� LA ypp Cc F� C Goo C a Do O p GO C G g A O �. �A UA C7 O W C Q" SR V7 ~ r� 0 C A ►b V ' d 026 ' ON 3-AMDW i -13SS36a dwtD Wd00 : c B66 ti ' 6 T ' AON b abed ld3O 831VM 00 f CO llloo wo.il wdE0 :E0 86- 100 -03 paniaOaa EXECUTIVE SUMMARY ADDITION TO BID # 98 -2882 FOR CONSTRUCTION OF A PATHWAY, HANDRAIL, AND BALANCING THE QUANTITIES IN OUR ONGOING COUNTYWIDE SIDEWALK CONSTRUCTION PROJECT # 69081. OBJECTIVE: To obtain Board approval to .add a pathway at Golden Gate Community Park, install handrail at Pelican Marsh Elementary, and balance the quantities used/unused during our ongoing Countywide Pathway Project. CONSIDERATION: . On December 15, 1998, Agenda Item 16(B)(10), the Board awarded Bid # 98 -2882 ($195,065.72) to Bonness, Inc., for the construction of various bicycle and pedestrian pathways. On January 26,1999, Agenda Item 16(B)(10), the Board approved the addition of Sixth Street Pathway (due to a strong show of support by the community) to the ongoing contract, for an additional $81,666.27 to bring the total contract amount to $276,731.99 . This Change Order(C.O.# 2), will authorize the contractor to construct a pathway at the Golden Gate Community Center at the request of the Parks & Recreation Department utilizing our original bid prices for a total of $38,199.88. C.O. # 2 will also balance the quantities we have exceeded /underused in our contract for a total of $9,551.94, and will authorize installation of a handrail at Pelican Marsh Elementary School at the request of the Transportation Department for $6,146.25 (of which $3,146.25 is paid by Collier County and $3000 by the School District). The grand total for Change Order # 2 is $53,898.07 which brings the project grand total to $330,630.06. FISCAL IMPACT: Funds in the amount of $50,898.07 are available in the following funds. $ 3,146.25 - MSTD Road District 2 - Funding Source is Ad Valorem Taxes. ?1- $38,199.88 - Community Park Impact Fees - Funding Source is Impact Fees. $ 9,551.94 - Road Construction Gas Taxes - Funding Source is Gas Tax. 4>1 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the recommended change to Bid # 98- 2882 for the construction of pathways and to revise the previous decision (BCC meeting March 9, 1999) of not exceeding $3000 for the handrail installation by $146.25. �s SUBMITTED BY: ��! %�' '� DATE • Mitch Momtaz, P.E., Project Manager Office of Capital Projects Management REVIEWED BYXeffrevy DATE: b by, P.E., Director Public Works Engineering Department REVIEWED BY: �� l >^�,C'�� ��' „�J '� DATE: Marla Ramsey, Director Parks & Recreation Department r. REVIEWED BY: Yuji/ :' DATE: Edward J. Ka t, P.E., Director Department o Transportation APPROVED BY: DATE:” Ed Ilschner, Administrator Public Works Division BONNESS INC. CHANGE ORDER # 2 REVISED 5/20/99 TO: Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 FOR: Collier County Pathways Project #69081 Job #98208A DESCRIPTION Current Qty Addl Unit Unit Price Add Amount Pathways Current 1. RCP (15 ") 2. 19 "X30 "RCP 3.19 "X30 "MES t'e -4,. Sign "Pathway Ends" 5. RCP 14" X 23" 6. MES 14" X 23" 7. RCP 30" 8. MES 30" ... 9. CMP 15" .; 10. CMP 12" L. 11. MES 12" ti { 12. Restocking Fee 13. Removal (concrete driveway) Pathways 6th Street 14. Handrail Pipe 15. Concrete Class 1 (retaining wall) 16. Asphalt patches 17. Sod watering 18. Concrete removals -75 -8 0 160 2 0 0 0 0 0 0 0 0 LF 0 EA 0 EA 1 EA 93 LF 1 EA 8 LF 1 EA 6 LF 20 LF 2 EA 1 LS 1 LS Subtotal 23.33 444.40 555.50 120.00 25.55 499.95 44.44 555.50 23.10 20.90 466.62 91.10 300.00 9 25 LF 55.00 1.8 5 CY 611.05 0 26.48 SY 30.00 0 9,000 GA .10 0 1 LS 300.00 Subtotal Sidewalk Handrail (proposed n Pelican Marsh Elem.) 19. Straight Handrail 0 60 20. Radius Handrail 0 45 PAGE ONE OF TWO LF 55.00 LF 63.25 Subtotal - 1,749.75 - 355.52 - 555.50 120.00 2,376.15 499.95 355.52 555.50 138.60 418.00 933.24 91.10 300.00 3,127.29 1,375.00 3,055.25 794.40 900.00 300.00 $6,424.65 3,300.00 2.846.25 $6,146.25 F R Collier County Government Collier County Pathways Project #69081 Change Order #2 Page 2 of 2 Golden Gate Comm. Park (pathways - proposed 21. Mobilization 0 22. Clear & Grubbing 0 23. Limerock base (4 ") 0 24. Type S Asphaltic Concrete 0 25. Sodding (Bahia) 0 26. Extension entrance culvert (24 ") 11,555.00 with end sections 0 27, 12" CMP culvert 0 28. Mitered end section (12 ") 0 29. Sodding (Flor) 0 1 LS 500.00 500.00 1 LS- 8590.80 8,590.80 2,311 SY 5.00 11,555.00 1,733 SY 4.00 6,932.00 13,000 SF .17 2,210.00 1 LS 3215.00 3,215.00 2 EA 500.00 1,000.00 4 EA 500.00 2,000.00 6,462 SF .34 2.197.08 Subtotal S38,199.88 CHANGE ORDER #2 GRAND TOTAL $53,898.07 This Change order becomes part of and in conformance Nvith the existing contract. All work to be performed under same terms and conditions as specified in original contract unless othenv ise stipulated. The above prices and specifications are satisfactory and are hereby accepted. AUTHORIZED SIGNATURE PAGE EXECUTIVE SUMMARY APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT RELATED TO THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8 -MGD EXPANSION, CONTRACT 97 -2625, PROJECT 70859 OBJECTIVE: That the Board of County Commissioners, as Ex- Officio the Governing Board of the Collier County Water -Sewer District, approve an Amendment to the Professional Services Agreement with Camp Dresser & McKee (CDM), for additional construction - related services for the drilling of an additional raw water production well for the North County Regional Water Treatment ( NCRWTP) 8 -mgd Expansion project. CONSIDERATION: The original design and subsequent construction for the NCRWTP 8- mgd Expansion project included ten new water production wells to provide raw water to the new reverse osmosis treatment process. After drilling all ten wells, it was discovered that three of the ten wells do not provide the anticipated production capacity. The remaining seven wells meet or exceed their anticipated production capacity. An eleventh well was designed and planned as a future well to be constructed at a future date as required by production demand. Our consultants have reviewed the production capacity of the as -built wellfield and recommended drilling this eleventh well (consistent with BCC approval on May 11, 1999, item 16(B)(1)) to provide reliability of our wellfield through redundant capacity to meet our water demands. An amendment is therefore needed for construction - related services in the amount of $76,910.00, to CDM's current Professional Services Agreement and will include detailed observation, construction contract administration, well testing and well startup services. A summary of this Professional Services Agreement to -date is provided as follows: Amount Original Professional Services Agreement $596,980.00 Sum of previous Amendments $15,202.00 Proposed Amendment $76,910.00 Revised Professional Services Agreement $689,092.00 G FISCAL IMPACT: Funding for this work in the amount of $76,910.00 is available from Water Impact Fees. i, GROWTH MANAGEMENT IMPACT: This work will facilitate improving reliability of water service and is consistent with CIE 859, NCRWTP 8 -mgd Expansion. RECOMMENDATIONS: That the Board of County Commissioners, as Ex- Officio the 1 Governing Board of the Collier County Water -Sewer District, approve the Amendment to Professional Services Agreement with CDM, related to the NCRWTP 8 -mgd Expansion, Contract 97 -2625, Project 70859. F. m 1 1 1'vq Executive Summary Approve Amendment To PSA For NCRWTP 8 -mgd Expansion Page 2 SUBMITTED BY: �� Date: (D Peter Schalt, PMP, Project Manager Public Works Engineering Department REVIEWED BY- / Date: Jeff Bibby, P.E., Director Public Works Engineering Department REVIEWED BY: `""���+ -�1 Date: Paul Mattausch, Water Director Public Works Division APPROVED B Date: 1` r Ed Ilschner, Administrator Public Works Division PS attachment: Copy of Proposed Amendment JUIN 2 2 1999 NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8 MGD EXPANSION CONSTRUCTION ENGINEERING AND INSPECTION SERVICES AMENDMENT 2 TO PROFESSIONAL SERVICES AGREEMENT This Amendment 2 to the Agreement dated May 20, 1997 (hereinafter "AGREEMENT') is made and entered into this day of , 19 , by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water -Sewer District (hereinafter referred to as the "OWNER ") and Camp Dresser McKee, Inc., a Massachusettes corporation, authorized to do business in the State of Florida, whose new business address is 269 Airport Road South, Naples, Florida 34104 (hereinafter referred to as the "CONSULTANT "). W I T N E S S E T H 1 WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8 MGD EXPANSION CONSTRUCTION ENGINEERING AND INSPECTION SERVICES (hereinafter referred to as "PROJECT'), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: RGLtiik ;1y 1 JUN 2 2 1995 PG , �' ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering and inspection services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees For Basic Services (B attachment A), and Schedule of Fees for Additonal Services (B attachment C) as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in the revised Schedule C as attached hereto. F chi n No. 2 JUN ..2 2 15.9)9 ARTICLE FOUR 4.1 The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8 MGD EXPANSION CONSTRUCTION ENGINEERING AND INSPECTION SERVICES the day and vear first written above. ATTEST: (As to Chairman) D,.vight E. E,-cck, Clerk Approved as to m anu legal sufficiency Assistant County Attornev Witn r10 fitness BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT Ml Pamela S. Mac'Kie, Chairwoman Camp Dresser McKee, Inc. By: Richard Moore, P.E., Vice President (CORPORATE SEAL) Nil. 3 JUN 2 2 19r:y PG. '3- Amendment 2 to Professional Services Agreement Schedule A Scope of Services Description of the Proiect Amendment 2 Services The original project includes the engineering services for bidding, construction administration, detailed observation, startup, and operational support services for the construction of the North County Regional Water Treatment Plant (NCRWTP) 8 -MGD Expansion. This amendment provides for extending the services during construction through October 1999. Background The original construction contract (being performed by Milmir Construction) included 10 new water production wells to provide raw water to the new reverse osmosis 8 -mgd expansion. Wells 7, 8 and 9 have not provided the anticipated production capacity, while several others are more productive than expected. Well No. 3 was planned as a future well to be constructed at a later date, if needed. As the wellfield construction and testing neared completion, it was decided to proceed with construction of Well No. 3 to ensure that wellfield capacity would be adequate for the NCRWTP 8- mgd expansion. The location of the future well was planned to be near the intersection of Massey Street and Vanderbilt Beach Road Extension. Based on the results of aquifer performance testing on the new wells, a new location for Well No. 3 vas selected midway between Wells 1 and 2, adjacent to the NCR% TP. Chance Order No. 15 '%vas executed with Milmer Construction to construct Well No. 3, and the final completion date has been extended from June 28 to September 26, 1999. In addition to the construction and testing of Well No. 3, other ongoing construction work is scheduled to proceed during the period from June 28 through September including: Tamiami aquifer raw water pipe replacement; concentrate pump station discharge header pipe replacement; and ventilation modifications to the Transfer Pump Station, High Service Pump Station. and Generator Room. Additional construction contract administration and detailed observation will be required to extend services through completion. This amendment provides for these additional services. A.5 - Construction Contract Administration Provide up to 160 hours additional clerical /administration services related to correspondence, progress reports, meeting minutes, document control system, progress payments, and filing. These additional services shall be provided as required beginning on or about June 1, 1999 and ending on or before October 29, 1999. Camp Dresser & McKee S 1COLLIER%TB99012.DOC AG04DA *tE- NO. JUN 2219 9 PG, y� A.6 - Detailed Observation Provide up to 720 hours additional detailed observation by CONSULTANT's Project Manager to monitor the work in progress for compliance with contract documents and applicable codes. These additional services shall be provided beginning on or about June 1, 1999 for up to 9 weeks at 40 hours per week, and up to 12 weeks at 30 hours per week, as required. A.7 -Well Drilling /Testing Provide well drilling observation, inspection, testing, and all required and appropriate documentation for construction of Well No. 3. This work to be performed by Missimer International, Inc. Camp Dresser & McKee S.ICOLLIERNT899012.DOC AGin0a / [JUN Amendment 2 to Professional Services Agreement Schedule B - Attachment A Schedule of Fees for Basic Services This Total Revised Original Amendment 1 Amendment 2 Estimated Phase Estimated Cost Estimated Cost Estimated Cost Cost A.I - (Not Applicable) - -- A.2 - (Not Applicable) - -- A.3 - (Not Applicable) - -- A.4 - Bidding Services S 20,136.00 $ 15,202.00 -0- $ 35,338.00 A.5 - Construction Contract Administration 169,798.00 -0- 6,400.00 176,198.00 A.6 - Detailed Observation of Construction 164,318.00 -0- 56,880.00 221,198.00 A.7 - Additional Services 242,728.00 -0- 13.630.00 256.358.00 TOTAL $596.980.00 $ 15.202.00 $ 76.910.00 $689.092.00 Camp Dresser & McKee S 1COLLIER\TB99013 DOC mib� ITE NO. JUN 2 2 159 PG. Amendment 2 to Professional Services Agreement Schedule B — Attachment C Schedule of Fees for Additional Services Phase A.7 Original Estimated Fees Revised Estimated Fees 12/23/98 Amendment 2 Estimated Fees Total Estimated Fees A.7.1 Well Drilling/Testing (Nlissimer) 136,379.00 136,279.00 13,630.00 1 149,909.00 A.7.2 Pipeline Inspection (ABB) 4,703.00 1,100.00 1,100.00 A. Surveying (ABB) 7,150.00 7,150.00 7,150.00 A.7.4 Geotechnical/Material Testing (Law) 5,500.00 1,100.00 1,100.00 A.7.5 Startup Assistance 14,400.00 j 3,150.00 3,150.00 A.7.6 Permitting 3,800.00 0.00 0.04 A.7.7 Warrantee Assistance 8.640.00 8,640.00 8,640.00 A.7.8 Review /Certify Record Drawings 5,196.00 5,196.00 ( 5,196.00 A.7.9 Instrumentation /Controls (Wilkins) 10.560.00 0.00 0.00 A.7.10 Process Engineering Assistance 46.500.00 j 28,095.00 j 28,095.00 A.7.1 I Well No. 7 Acidification (Missimer) 0.00 I 22,000.00 j 22,000.00 A.7.12 RO Training 0.00 30.018.00 j 30,018.00 Total 5242,728.00 j 5242.728.00 S 13.630.00 5256,358.00 Camp Dresser & McKee 5 ',CC LL IERJ899010.dcc ,,C � 4 !D.t JUN 2 2 PG.___y__ EXECUTIVE SUMMARY APPROVE AN ALTERNATE ROAD IMPACT FEE FOR THE HIDEOUT GOLF COURSE OBJECTIVE: To obtain Board approval of a road impact fee developed using an alternate set of parameters for a private golf course and ancillary uses, such as a clubhouse and maintenance facilities. CONSIDERATIONS: Ordinance 92 -22, as amended (the Ordinance) sets forth the regulations for the imposition, computation and collection of road impact fees. In the Appendix to the Ordinance, Table A lists various categories of land uses for which "standard" road impact fee rates have been established. Among those rates is a rate for "Golf Courses ". The rate was predicated on several factors including the use of the ITE publication entitled Trip Generation which provides trip rate information. Staff investigated the proposed Hideout Golf Course and the following site - specific factors apply: 1. There is anticipated to be 10 employees in the clubhouse and pro shop. 2. Information provided by the developer indicates that there will be about 100 golfer trips /day. 3. The following assumptions have been used for insertion into the Road Impact Fee Worksheet attached to this Executive Summary (Attachment No. 1): A. 100 golfer /day X 2 trips /day = 200 trip- ends /day B. 10 employees X 2 trips /day = 20 trip -ends /day C. Allowance of 10 service trips = 20 trip- ends /day (restaurant, golf, maintenance trips) D. Trip length per Ordinance 92 -22, as amended = 4.2 miles assessable; 5 miles total. E. For these trips, the percentage of new trips on the arterial network is 100 %. Based on the attached worksheet, the proposed road impact fee for the golf course and clubhouse is $38,248.64. FISCAL IMPACT: The road impact fee would be revenue for Fund 338 GROWTH MANAGEMENT IMPACT: The imposition of the proposed road impact fee is consistent with the County's Growth Management Plan. RECOMMENDATIONS: That the and a rove t e alternate road impact fee for the Heritage Greens Golf and Country Club. SUBMITTED BY: DATE: i�7. Edward J. Kant, ransportation Services Director REVIEWED BY: 11 DATE: Tent . Kuck, P.E., Engine e Review Manager REVIEWED BY - DATE: ? V ZCautero�,AICP, Development Services Administrator APPROVED BY• DATE:_ =`� Ed Ilschner, Publi 'Works Administrator Attachments: No. 1 - Road Impact Fee Worksheet JUN ca ❑ N CL N T y W a d co m N w a m a ` N J U mY «umi n C7 E2 m T « 7 0) O r O •� a O a m M o m rn E $ rn ao o a) 0 0 2C7w °Oa to o T m ❑ y I I W E c m t d O T a Z 1- m m O M ° ° E o m a a U ❑ � 0 0 c - II O O U N 3 L a N N Y Er O N ��+ O m C O d 7 LL O :,to.- 0 o_ w L N A o N p o V @ m m E o N N fl — r c — 0 a a co N m N T T N C O Z d n E d c m u� O co W a Lo o c0 co M oo v o N O N u) O X co cA N C O C y U J L T a O o m - N C N m co❑ m N N N N co O LL Y N �' L J (n 1J X U O L o N ~ .�. ) a X T N cu m ,O N d~ N N n N U J N O N U x O N m Z m n N In m m c cLL w a Qao w F _w d s C7 a� o ~_ N X" N U N O co C CO u- LL az n.U)~Q T E A E m y O - N O A U d a co m a x c d N c`7 V l0 10 L ~ m "'I N N W c L7 a ❑ ¢ o ° o w w m U H U ~ a a� U v cn M N N 69 11 m LL L 0 O X Q) m LL tr N � N O O O m N � 00 j� v m rn F- � X vv O ❑ N LL m E v 1p v N Cl) rj II ca v co N N GS N U y O w `- LL N co u v A m E � d Vf Z d N N � LL C N E N U C7 W Z t2 W V W Q '^ r PAGEND * *7�g� -7 JUN 2 2 1999 G. a O r L v c X LLi W O J I` a� m O co F m X J a N O U o X O N M � r, M m CID O ❑ N O O w o F- in O U U ?. C m ❑ E E o co M N N O y O ` 6 `g U d y CL m a E J E N U U � O ❑ N LL m E v 1p v N Cl) rj II ca v co N N GS N U y O w `- LL N co u v A m E � d Vf Z d N N � LL C N E N U C7 W Z t2 W V W Q '^ r PAGEND * *7�g� -7 JUN 2 2 1999 G. a EXECUTIVE SUMMARY PRESENT ALTERNATIVES AND RECOMMENDATIONS TO THE BOARD FOR TRAFFIC CALMING IN NAPLES PARK ON 107TH AND 108TH AVENUES. OBJECTIVE: To receive Board direction for traffic calming in Naples Park on 107th and 108th Avenues pursuant to prior Board action. CONSIDERATIONS: On November 10, 1998, the Granada Shoppes PUD zoning petition was presented to the Board of County Commissioners. The petition was approved with a stipulation that staff be directed to develop a traffic calming approach to 107th and 108th Avenues , consistent with the plan provided by the Property Owners of Naples Park (PONP), including pedestrian access. A consultant was hired to review the proposal presented by the PONP and to evaluate other alternatives. A public workshop was held on June 2, 1999, to present the results of the consultant's analysis and to receive feedback from the public. About 40 persons attended, of which three were residents of the immediate area (108th Avenue between U.S. 41 and Eighth Street). Based on the results of the consultant's effort, the feedback received at the workshop and further staff analysis, the following alternatives are presented: 1. Consultant's Recommended Action — Establish a closure on Eighth Court East north of 107th --- Avenue and a closure on 107th Avenue west of Eighth Court East (Attachment No. 1). This plan would require the least amount of construction and would represent the least intrusion into the neighborhood. 2. Staff s Recommended Action — Establish a closure on 107th Avenue at Eighth Court East and monitor traffic on 108th Avenue . This plan would require a small portion of the area in the vicinity of the intersection of 107th Avenue and Eighth Court East to be modified to permit continued use of the off -site parking facility for the Cafe in the Park Restaurant. Ideally, the monitoring should continue until after the completion of the construction work on U.S. 41 to determine the traffic patterns resulting from the six -lane improvements to U.S. 41 . If, after a reasonable period of monitoring beyond the completion of the six -lane project (six to twelve months), the traffic volumes on 1081 Avenue have increased or remained at present levels, then establish a closure on 108th Avenue east of Eighth Court East (Attachment No. 2). 3. PONP Recommended Action — Establish a closure on 108th Avenue east of Eighth Court East and a closure on 107th Avenue east of Eighth Court East (Attachment No. 3). This plan would require the most construction work since it includes the work required in the staff's recommendation along with a closure of 108th Avenue. Each of these alternatives has advantages and disadvantages. Chief among the advantages is that they will all prevent traffic from the commercial areas along US 41 from cutting through the neighborhood. The issue of cut - through traffic appeared to be the major complaint of the residents, both at the workshop and in correspondence and telephone calls to the Transportation Services Department. !ti e r x EXECUTIVE SUMMARY Traffic Calming Naples Park on 107th and 108th Avenues Page 2 The major disadvantage with any of these alternatives is that the residents themselves will be prevented from directly accessing US 41 in that vicinity, and availing themselves of the proposed traffic signal, and will have to divert to other local streets. Staff has also met with representatives of the Granada Shoppes and discussed the proposal with them. The Granada Shoppes developer has committed to providing funding for traffic calming in the area, including closures, as a stipulation of the PUD zoning. Funding issues aside, the decision to close a street based on potential future traffic should not be made lightly. Staff has suggested to the residents that it may be appropriate to continue to monitor the area after the Granada Shoppes project is built, and a determination be made at a future date regarding street closures or other traffic calming measures. That suggestion was not well - received by the residents. Given the background and data above, staff recommends Alternative No. 2. FISCAL IMPACT: There has been significant staff time expended along with consultant fees of approximately $6,500 (Road Construction Gas Tax Fund 313, Project No. 66076, Traffic Calming). Additional staff time will be expended along with a contribution for design and construction from the developer of the Granada Shoppes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board accept the results of the completed staff work and consultant's report; direct staff to implement the recommended traffic calming measures for 107th and 108th Avenues , and; process paperwoynece lary for the implementation of same. PREPARED BY• � �� DATE: /= Edward J. Kant, P.E 'nation Services Director APPROVED B DATE: /� �� Ed Ilschner, Public Works A Attachment: No. 1 — Consultant's Recommended Action No. 2 — Staff's Recommended Action No. 3 — Modified PONP Recommended Action . W N i NAPLES PARK TRAFFIC CALMING 107 TH/1 08 TH AVENUES ALTERNATE NO. I 108T" AVE. 106T" AVE. US 41 FUTURE SITE OF GRANADA SHOPPES PUD Ec FUTURE SIGNAL ATTACHMENT NO. PAGE -, OF i NAPLES PARK TRAFFIC CALMING 107TH /108TH AVENUES ALTERNATE NO. 2 cl rri Ina f%l n01 loc 106TH AVE. US 41 ATTACHMENT N0. PAGE OF I FUTURE SITE OF GRANADA SHOPPES PUD 0 FUTURE SIGNAL NAPLES PARK TRAFFIC CALMING 107T "1108TH AVENUES ALTERNATE NO. 3 106TH AVE. US 41 ATTACHMENT NO. PAGE i OF FUTURE SITE OF GRANADA SHOPPES PUD 0 - [- FUTURE SIGNAL .• ti EXECUTIVE SUMMARY APPROVAL OF A CHANGE ORDER TO PURCHASE ORDER 805197 UNDER BID #95 -2380 FOR COMPLETION OF THE UNDERGROUND FUEL STORAGE TANK PROJECT. OBJECTIVE: That the Board of County Commissioners, as Ex- Officio the Governing Board of Collier County Water -Sewer District approve a change order for additional work required for completion of the Underground Fuel Storage Tank Project. CONSIDERATION: The Board approved Work Order WD- PSI -98 -1 on September 8, 1998 in the amount of $122,151.14 for the installation of an external fuel storage tank at Manatee Station. The project scope called for the tank to be located inside the Station, but a concurrent project at the station would not leave the space required inside the facility for the tank installation. The requested change order reflects the cost needed to move the tank to an outside location. FISCAL IMPACT: The fiscal impact of this change order is the amount of $14,156.43. These funds have been budgeted for and are available in Water Capital Fund -Water Capital Projects- Underground Fuel Storage Tanks Project. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners, as Ex- Officio the Governing Board of Collier County Water -Sewer District approve a change order in the amount of $14,156.43 to Purchase Order 805197 for additional work required for completion of the Underground Fuel Storage Tank Project. SUBMITTED BY:! Date: 6 LKX Wood, Public Works Buyer REVIEWED BY: f i�`^z,2� /' L'�.��+�. --- Date: Paul Mattausch, Water Director REVIEWED BY: —�� -�h Date: Stephen Y. Y. C ell, Purchasing /General Services Director APPROVED BY Date: 0 Ed Ilschner, Public Works Administra or Nf+GtP9u, T� NO._LL, / JON 2 1999 EXECUTIVE SUMMARY WAIVE THE LANDFILL TIPPING FEE FOR THE TRASH COLLECTED IN COOPERATION WITH A LOCAL COMMUNITY CLEAN -UP EFFORT IN THE BAYSHORE /HALDEMAN CREEK AREA. OBJECTIVE: To gain Board approval to waive landfill tipping fees for trash collected in a community clean -up effort in the Bayshore/Haldeman Creek area. CONSIDERATION: The clean -up event will take place on Saturday, July 2401, 1999 from 8:OOAM to 12:00 Noon. Members of local area civic associations, residents, volunteers, and Collier County Staff will join in the effort to clean -up Haldeman Creek and connecting canals and water bodies from U.S. 41 westward to the "S" curve before the creek enters Naples Bay. Private boats, canoes, and a barge will be donated for use during the clean -up. Waste Management of Collier County will provide one large 30 cubic yard roll -off container located near the water at Royal Yacht Marina for the trash. Clean -up will consist of the pick -up and removal of garbage, trash, debris and litter, including yard waste, tree limbs, etc, in the canal and along the banks of Haldeman Creek and the canal system connected to Haldeman Creek. Drinks during the clean -up and a picnic lunch afterward will be provided by Albertson's Supermarket and organized by the Gulfshore Neighbors Association. Gloves and trash bags will be provided by the Solid Waste Department. The Naples Daily News will print a "press release" in advance of the event. FISCAL IMPACT: An estimated 20 tons of material for a total of $533.00. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners waive the landfill tipping fees for trash collected in a community clean -up effort in the Bayshore/Haldeman Creek area. SUBMITTED BY: � F David W. Russell, Director, Solid Waste Management Department Dater APPROVED BY Date: Ed Ilschner, Public Works Administrator - _� air. T JUN 2' 2 1 ACCEPT AN ACCESS CONSTRUCTION AND MAINTENANCE EASEMENT FROM NAPLES CAY MASTER ASSOCIATION, INC. OBJECTIVE: That the Board of County Commissioners accept an Access Construction and Maintenance Easement from Naples Cay Association, Inc. CONSIDERATIONS: One of the components of the Clam Bay Restoration and Management Plan is the installation of new culvert pipes and flap gates at the entrance drive to Naples Cay. The installation of the pipes will allow only flood tides to pass through the culverts and into Clam Bay, restricting ebb tides from flowing back into Venetian Bay. This will increase the ebb flows going through Clam Pass assisting in keeping the pass open and will have no adverse effects to either Venetian Bay or Clam Bay. To allow for access to this area for construction activities associated with this work, an easement agreement has been prepared and has been executed by the property owner, Naples Cay Master Association and is included for the Board of County Commissioners approval and execution by the Chairman. In order to secure clear title to the access easement the following documents are required: 1. Subordination of Encumbrance (Sea House Development Corp. Inc.) 2. Subordination of Encumbrance (Sea House, Inc. /Seagate Beach Club, Inc. and Villas Raphael Homeowners Association, Inc.) 3. Subordination of Encumbrance (Gulf Coastal Beachfront Joint Venture) 4. Consent & Joinder to Mutual Use Agreement (City of Naples) Mr. Larry Ingram, Esquire, and Mr. Richard C. Grant have advised that the parties listed in Items 1 -3 are unwilling to subordinate their interests to Collier County. It must be noted that the easement of record shall be superior in title to that of Collier County's proposed Access and Maintenance Easement and, if requested by any of the current easement holders, Collier County may have to relocate or modify the access area. As long as there are no facilities located within the permanent easement area and if requested to relocate or modify the access area, the cost to the County, if any would be insignificant. FISCAL IMPACT: The recording costs shall not exceed $75.00. Funds in the amount of $75.00 are available in the Clam Bay GROWTH MANAGEMENT IMPACT: None AGENDA ITEM No. 1L., (6) (18) JUN 2 2 1999 Pg. RECOMMENDATION: That the Board of County Commissioners: (1) Accept an Access Construction and Maintenance Easement (Temporary & Permanent) from Naples Cay Master Association, Inc., (2) Authorize the Chairwoman to execute the Access Construction and Maintenance Easement (Temporary & Permanent) from Naples Cay Master Association, Inc., (3) Authorize the Chairwoman to execute any and all documents related to this project in order to accept and clear title to the Easement; (4) Authorize staff to proceed with the related real estate closing transaction and authorize the Real Property Management Department to record with the Clerk of Courts the easement and appropriate documents to clear title in the Public Records of Collier County, Florida. PREPARED Y: Jan s P. Ward, Department Director DATE:_ y /Z7/�9 REVIEWED BY. DATE: Ed Ilschner, Administra or, Public Works Division AGE No=] . Np JUN 2 2 1999 P9 ='Z - ACCESS CONSTRUCTION AND MAINTENANCE EASEMENT (Temporary and Permanent) THIS ACCESS CONSTRUTION AND MAINTENANCE EAESMENT is made and entered into this day of L&6ct -. , 1999, by and between THE NAPLES CAY MASTER ASSOCIATION, INC., a FIT orida corporation, whose address is 40 Seagate Drive, Naples, Florida 34103, hereinafter referred to as "Grantor" and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA as ex- officio, the governing body of the PELICAN BAY MUNICIPAL SERVICES TAXING AND BENEFIT UNIT, whose address is Collier County Government Center - Administration Building, 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Grantee ". RECITALS A. Grantor is the owner in fee simple of land described on Exhibits "A" and "B" attached hereto (Easement Area). B. Grantee is the ex- officio governing body of the Pelican Bay Municipal Service Taxing and Benefit Unit ( "Unit'), a dependent district formed pursuant to Chapter 125, Florida Statutes. As such, the Unit was created and empowered by the Collier County Commission under enabling legislation passed by the Collier County Commission in Ordinance No. 90 -111, as amended, to, among other things, authorize and empower the Grantee to maintain and preserve conservation or preserve areas within Pelican Bay. Pelican Bay abuts the Easement Area. C. Grantee has developed and submitted to the Florida Department of Environmental Protection (hereinafter "FDEP ") and the U.S. Army Corps of Engineers (hereinafter "Corps ") a proposed plan for the long term administration of the Clam Bay ecosystem entitled the "Clam Bay Restoration and Management Plan" (hereinafter the "Plan "). As a part of the Plan, Grantee anticipates modifying the culverts located under Seagate Drive (hereinafter the "Seagate Culverts ") to provide a one way flow control valve in order to manage the ebb tide flow and redirect it to the north for discharge through Clam Pass. Clam Pass is located within Pelican Bay. D. In order to accomplish the modification of the Seagate Culverts as proposed in the Plan, the Grantee has requested this Access Construction and Maintenance Easement from Grantor and Grantor has agreed to the same on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby grant and convey to the Grantee, its successors and assigns, a non - exclusive Temporary Access, Construction and Maintenance Easement over, across and under the land described on Exhibit "A" attached hereto and a Permanent Access Construction and Maintenance Easement over, across and under the land described on Exhibit "B" attached hereto, all of which land is located in Collier County, Florida, TOGETHER with the rights, AGENDA ;t�� easements, privileges and appurtenances in and to said lands which may be required for tl* 0 a� full enjoyment of the rights herein granted. JUN 2 2 1999 Pg j In the furtherance of said grant the parties agree as follows: 1. Grantee will install and maintain at its sole cost and expense the Seagate Culverts in accordance with the terms and conditions of those certain Permits issued by the Corps and the FDEP under Numbers 0128463 - 001 -JC and 199602789(IP -CC) respectively and in conformity with the construction plans and specifications prepared by Wilson, Miller, Barton and Peek, Inc., Consulting Engineers. Said plans and specifications are incorporated by reference into and made a part of the referenced Permits and the Permits are incorporated into and made a part of this Access, Construction and Maintenance Easement. During the period in which the Seagate Culverts are being installed, the Grantee shall have the right to access and use the lands described on Exhibit "A" for so long as the installation requires. Upon completion of the installation the right of access to and use of the lands described on Exhibit "A" shall cease and the Grantee shall have the right to access and use the lands described on Exhibit "B" for the purpose of maintaining the Seagate Culverts post installation, as hereinafter described. 2. All of the rights, easements, privileges and appurtenances together with the burdens granted herein shall remain in effect in perpetuity, except that the easement over lands described on Exhibit "A" shall terminate upon completion of the installation of the Seagate Culverts as aforesaid. 3. Installation of the Seagate Culverts shall commence as required by the terms and conditions of the Permits and once commenced, installation will proceed to completion in the ordinary course without material delay or interruption, force majeure excepted, to the end that the persons dependent upon access to their property at either end of Seagate Drive will be only minimally inconvenienced by the installation of the Seagate Culverts. 4. The Grantee shall have the right to use the Easement Area described on Exhibit "A" for the purpose of accessing and installing the Seagate Culverts and related facilities located thereon and as required under and pursuant to the terms and conditions of the referenced Permits and after installation is completed, the right to use the Easement Area described on Exhibit "B" for the purposes of accessing and maintaining the Seagate Culverts and related facilities thereon. To the extent the activities of the Grantee in the performance of its obligations hereunder gives rise to the accumulation of spoil or other debris, all such spoil and debris shall be removed from the Easement Area and disposed of offsite and not on the property of the Grantor. 5. During the installation and any subsequent maintenance of the Seagate Culverts as required under and pursuant to the terms and conditions of the referenced Permits, Grantee shall at all times maintain at least one lane of access of sufficient width to insure that residents, guests and contractors to the residents, and vendors have unimpeded access across the Seagate Culverts. To the extent required, Grantee will provide the services of a flagman or comparable traffic control person or devise to assist said persons in maintaining a smooth and safe flow of pedestrian and vehicular traffic to the property located on either side of the Easement Area and across the Seagate Culverts. 6. Grantor recognizes, understands and agrees that the installation and maintenance of -- the Seagate Culverts will, in most instances, require the removal of landscaping within the Easement Area and in the vicinity of the Seagate Culverts. As such, the Grantee shall be entitled, and have the right to, remove the landscaping located within the Easement Area, AGENNn_ DA I�Jd, provided, however, that upon completion of the installation and /or maintenance of the Sea Culverts, the Grantee will restore the Easement Area as near as possible to the conditionJVN 2 2 1999 existed prior to such installation and /or maintenance. Grantor recognizes, understands an P9� agrees that some of the plant material replacing that which was necessarily lost by reason of the installation and /or maintenance of the Seagate Culverts may be less mature and therefore smaller than that which was removed. Should Grantee fail to restore the Easement Area as contemplated herein promptly upon completion of the installation and /or maintenance of the Seagate Culverts, then the Grantor may do so for the account of the Grantee and at Grantee's reasonable expense provided that Grantor first gives Grantee notice of Grantee's failure to restore the Easement Area and after receipt of said notice the Grantee fails within fifteen (15) business days to commence and prosecute to completion the restoration of the Easement Area as contemplated herein. 7. Grantor covenants and warrants that it has the right to grant the privileges and easement described herein and further covenants that Grantee shall have the quiet and peaceful use and enjoyment of said easement. 8 The easement granted herein shall benefit the named Grantee and its respective successors and assigns, including but not limited to its employees, agents, business visitors, guests, licensees, invitees and all other persons lawfully upon any portion of the Grantee's land benefitted hereby and Grantee, its successors and assigns, shall have the right to grant and convey to any other party the rights and obligations contained in this Access and Maintenance Easement. 9. The terms and conditions contained herein shall run with the land and accrue to and for the benefit of and be enforceable by the Grantor, Grantee and their successors and assigns. If the Permits which give rise to and define the scope of the duty of the Grantee to install and /or maintain the Easement Area should lapse by their terms or by operation of law or otherwise, then notwithstanding such cessation of Permit enforceability by the Corps or FDEP, the terms and conditions of the same to the extent applicable shall remain in full force and effect for the purpose of defining the responsibilities and burdens of the Grantee hereunder, it being the intention of the parties hereto that notwithstanding the termination of the Permits, the terms and conditions of the same shall continue to be determinative of the rights and responsibilities of the Grantee to install and /or maintain the Easements Area and the Seagate Culverts. IN WITNESS WHEREOF, the parties have executed this Access and Maintenance Easement in manner and form sufficient to bind them on the day and year first above written. WITNESS k nature (Printed Name) (Printed Name) NAPLES CA MAST "AS CIATION, INC., a Flori ra 'on BY: / S TE15H`EN ASTNER,Vresident AGE No. No. ►Ol JUN 2 2 1999 p9 ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE DWIGHT E. BROCK, Clerk EX- OFFICIO GOVERNING BODY OF THE PELICAN BAY SERVICES TAXING AND BENFIT UNIT Deputy Clerk BY: PAMELA S. MACKIE, Chairwoman STATE OF COUNTY OF QD The foregoing Access Construction and Management Easement was acknowledge before me this day of,�_, 1999, by STEPHEN t of the Naples Cay Master Association , Inc., a Florida corporation. H ersonally known t me or who has produced as identification. (affix notarial seal) SCOTT M. BRADY F(R MM Com m E%p. 1/4/2002 BW4 By Swvla Ms No. 006g41 I t h1waw w,.wn t t "W i,o. Approved as to form and legal sufficiency: Heidi F. Ashton _ Assistant County Attorney (Signature of Wry Public) (Print Name of Notary Public) NOTARY PUBLIC Serial /Commission #: CC'(.i43c-) My Commission Expires: 1-4-2a)2 -- NO. AGEN I�Ay Q JUN /2 2 1999 Pg L:.— I)LANNEI(ti, ENVIRONMENTAL CONti11I- TANTs, ENGINEERS, c SURVEYORS, LANDSCAPE AR(.IIIT1:(,`T,, CONSTRUCTION MANA(,1:RS Description of Temporary Access and Construction Easement being part of Government Lot I of Section 16, Township 49 South, Range 25 East Collier County, Florida. All that part of Government Lot 1 of Section 16, Township 49 South, Range 25 East, Collier County Florida, being more particularly described as follows: Commencing at the southeast corner of said Government Lot 1; thence along the south line of said Government Lot 1 South 89 °24'40" West 1650.75 feet to the southwest comer of Unit One Seagate Subdivision (Plat Book 3, Page 85); thence continuing along said south line of Government Lot 1 South 89 °24'40" West 20.00 feet to the POINT OF BEGINNING; thence continuing along said line, South 89 °24'40" West 111.17 feet: thence leaving said line, North 00 °35'20" West 30.00 feet; thence South 89 °24'40" West 60.00 feet; thence North 00 °35'20" West 120.00 feet; thence North 89 °24'40" East 75.00 feet; thence South 00 °35'20" East 45.76 feet; thence North 89 °24'40" East 96.17 feet; thence South 00 °35'20" East 54.24 feet; thence North 89 024'40" East 20.00 feet to the west line of said Unit One Seagate Subdivision; thence along said west line, South 00 135'20" East 20.00 feet; thence leaving said west line, South 89 024'40" West 20.00 feet: thence South 00 °35'20" East 30.00 feet to the POINT OF BEGINNING; containing 0.40 acres + / -. Subject to easements, restrictions and reservations of record. See attached sketch. Bearings are based on the south line Government Lot I of Section 16, Township 49 South, Range 25 East, Collier County, Florida being North 89 °24'40" West. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors By �_.� 10 p;; S. Bongs PS 16 Cc: tif:cate of authorization LB - #43. Not Valid unless emt -ossed with the Professional's seal. Ref. 2L -556 W.O.: 0103- 081- 005 -1CPA S Date: October 18, 1997 EXHIBIT "A" No., I AGENDA jr„ y No. lr�.R +,1A� WILSON, MILLER, BARTON di I'1{EI , INC JUN 2 2 f399 3200 Bad" Lane, Stme 200, N,il,le.., FL,rtd ;i 34105 -8507 • Ph 941-049-4040 Fx 941-b41-57 16 /1 Weh titre P9 ItV l w] . w'.oln 4AU� 111 Vq, i, , I ns�ao . o� n 0 s P t O F tar'' cn =-$z z �o ARKR z� �r IIr z i A 4 v O � Z a HE IL s O _O N � U 4. M 9 AGENDA TE ! No. JUN 2 2 1999 l P9_.0 770.00' --------------- z z z� - - - - - - - -- 5.00'35'70 "c. - - - - -, 1 I I 2 Wv7p� I acl C I n 1 oc v , g : 2 U .•C r:i n p v •O f 1 vIN �Ic 2 J T _ T E of c nl I 1 _ _3_0._00_ _ _ 1 N 00'J5'70'W n g r.� 1 2= O 'E. 1 � 5.00'35'70 1 '0 1 as 1 2 Ar^ , R I]> 1 to �n t4gn22 j c aCi �I 9,DR,4u �� �` a U�LL. �Ir o0000 p �I `. z o 1 r'1 I ° c„vvv_ I OpOOOV � 51.71' 1 z -- - -- LS - - -- --- - -r-� 007 £. - 5't0 Z, n ^ AGENDA TE ! No. JUN 2 2 1999 l P9_.0 z z z� S = on g 2 Wv7p� acl n 1 n fin? 7o '1•'�iT�j2 v pn � < a�p2 •`. 2 U .•C r:i n p E j ��eZa f 1 2 J T _ T AGENDA TE ! No. JUN 2 2 1999 l P9_.0 PLANNI_Itti, FNv1IZl1N \1FNTAL C,l1NtiUl:f 1ti�'ti, �N( INfiliR�, SC11evt:Yt�lC�, LAN1>SC:m,i, Ali(AIITEC:T',, MANA(d—,RS Description of Permanent Access and Maintenance Easement being part of Government Lot I of Section 16, Township 49 South, Range 25 East Collier County, Florida. All that part of Government Lot I of Section 16, Township 49 South, Range 25 East, Collier County Florida, being more particularly described as follows: Commencing at the southeast corner of said Government Lot 1; thence South 89 °24'40" West along the south line of said Government Lot 1 1650.75 feet to the southwest comer of Unit One Seagate Subdivision (Plat Book 3, Page 85); thence leaving said line North 00 °35'20" West along the west line of said Unit One 30.00 feet to the POINT OF BEGINNING; thence South 89 024'40" West 42.16 feet: thence South 00 °35'20" East 30.00 feet to the said south line of Government Lot 1; thence along said line, South 89 024'40" West 59.01 feet; thence leaving said line, North 00 °35'20" West 104.24 feet; thence North 89 024'40" East 59.01 feet: thence South 00 °35'20" East 54.24 feet; thence North 89 °24'40" East 42.21 feet to the west line of said Unit One Seagate Subdivision; thence along said west line, South 00 035'20" East 20.00 feet to the POINT OF BEGINNING; containing 0.15 acres + / -. Subject to easements, restrictions and reservations of record. See attached sketch. Bearings are based on the south line Government Lot 1 of Section 16, Township 49 South, Range 25 East, Collier County, Florida being North 89 °24'40" West. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors I ` � //r� By: I'll r ose6! S. Boggs i'SM #3 i Certificate of authorization LB - #43. Not Valid unless embossed with the Professional's seal. Ref. 1 L -160 W.O.: 0103- 081- 005 -1C PA S Date: October 18, 1997 EXHIBIT "B" AGoENDA T J� J Wll - <,ON, M11I.LR, �:\I:� N & 1'I:t:l ►�� UN 2 21999 3_'00 R:nlc� 1 -mc. Suite 200• Nuhlcs, Fk,rid.i 34105 -8507 111 `�41 -04`� 4040 Fs `)41 641 -i71 J W'.1, �ifc " w 11-11niillrr i um F- in.iil. n,q,Ic.dC„i1" w � I Ic I I p J 10/19/97. %V-01030001 BES \ q.I, , I „ V ,, �, �.�,.�.,��.� . , '4 "��3 z;" --s A 7-;-/ 7 EEA RAG:7 ARf- 0/v NE OF -7 25 EAST :-z? 4. SCALE INTEIVOE0 3 07 , 5 5- Tio,,vs.- 0. P.O.W. = R10Hi- r";- WAY pzco'= 3 OF F-.5. =i--LAT 300K f— T L ll\,'L / 14 bne Bearing Disarce Lf N.00',35'20"w, 30. 00' L2 5.00'35'20 "E- 30.00' L3 CLIENT: 20.00' IJ I 6n6w��, 0 7 is 30 55 GRAPHIC SCALE WEST -,/IVC SEArATE /P 5 3. 0 85) S Py. CURNEP NW'/4 - NIE,14 0- SEC. 76, T. 49 SC�N, P 25 FAST SE CCRvEP 10'1-RwElvT LO, No 42.2 N. 42. 6' CW 3 3 59. V 69'24'40 -- — — — - - - --I 1 WI DESCRIPTION: CLIENT: ' '5"4' ' "-A'000 COWAUMM 10- 13-97 81 -L Z) - — PELICAN' rAX (94 1) "3-3YI& BES 2 'S L Z- (O.Y 246, -D.4771,' 60' IJ I 6n6w��, 0 7 is 30 55 GRAPHIC SCALE WEST -,/IVC SEArATE /P 5 3. 0 85) S Py. CURNEP NW'/4 - NIE,14 0- SEC. 76, T. 49 SC�N, P 25 FAST SE CCRvEP 10'1-RwElvT LO, No 42.2 N. 42. 6' CW 3 3 59. SEC 0 25 L4 S WILSON. MILLER. 13ARTON St PEEK, INC. DESCRIPTION: CLIENT: ' '5"4' ' "-A'000 COWAUMM 10- 13-97 L11WAlt "MMMM CMWW.CnM WA*MM Zt.'" -L Z) - — PELICAN' rAX (94 1) "3-3YI& BES 1''3 -051 - -pA EXECUTIVE SUMMARY AWARD INTERSECTION IMPROVEMENT PROJECTS UNDER THE COUNTY'S ROADWAY CONTRACTING SERVICES CONTRACT (98 -2905) Project # 69183 - SHADOWLAWN DR. / DAVIS BLVD. WORK ORDER RCS- 98 -BR -01 AND Project # 69193 - AIRPORT RD. / GOLDEN GATE PARKWAY WORK ORDER RCS- 98 -BR -02 OBJECTIVE: Obtain Board approval to award two separate intersection improvement construction projects to the firm of Better Roads, Inc. under the Roadway Contracting Services Contract (98 -2905) Work Order RCS- 98 -BR -01 and RCS - 98 -BR -02 CONSIDERATIONS: Four (4) firms: APAC Florida, Inc., Better Roads, Inc., Bonness, Inc. and Harper Brothers, Inc. were requested to submit price quotations for improvements to the following separate intersection projects: White Blvd. /CR -951, Shadowlawn Dr./Davis Blvd. and Airport Rd. /Golden Gate Parkway. Price quotations were received from Better Roads, Inc. for all three locations and from APAC, Inc. for White Blvd. /CR -951 and Shadowlawn Dr./Davis Blvd. No quotations were received from Bonness, Inc. or Harper Brothers, Inc. The quotations for White Blvd. /CR -951 substantially exceeded the $200,000 maximum cost criteria under Contract 98 -2905 and thus will be publicly bid. In the case of Airport Road/Golden Gate Parkway., Better Roads, Inc. quoted a construction cost of $135,755.78 vs. a no bid by APAC, Inc. and for Shadowlawn Dr./Davis Blvd. quoted $126,922.59 vs. $133,273.56 respectively. Airport Road/Golden Gate Parkway low cost quotation of $135,755.78 is less than the Engineer's Estimate of $191,887.00 and Shadowlawn Dr. /Davis Blvd. low cost quotation of $126,922.59 is less than the Engineer's Estimate of $140,636.00 FISCAL IMPACT: Funds are available in Road Construction gas taxes for each of these projects. Shadowlawn Dr./Davis Blvd., Project # 69183, requires funds in the amount of $126,922.59 and Airport Road/Golden Gate Parkway, Project # 69193, requires funds in the amount of $135,775.78 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the award of Shadowlawn Dr. /Davis Blvd. Project # 69183 for a total of $126,922.59 Work Order RCS- 98 -BR -01 and Airport Road/Golden Gate Parkway Project # 69193 for a total of $135,775.78 Work Order RCS- 98 -BR -02 to the low bidder, Better Roads, Inc. and authorize the Public Works Engineering Department Director to execute the Work Orders. AG €ran 7 NO- JUN 4 21999 P(. / Executive Summary Page 2 SUBMITTED BY: �C ♦ �� Richard Hellriegel, P.E. P.W.E.D. Senior Project Manager REVIEWED BY: �✓ eff Bibby, P.E. P.W,.E:'D. Dircctor REVIEWED BY: APPROVED BY: Edward J. KW, P.E. Ed Ilschner Public Works Administrator Date: G ' Date: Date: � Date: C;� f 51 k EXECUTIVE SUMMARY APPROVE A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND LB/P- GROVEWAY, LLC FOR USE OF VACANT COUNTY -OWNED PROPERTY. OBJECTIVE: Approval of a Lease Agreement between Collier County ( "County ") and LB /P- GroveWay, LLC for use of vacant County -owned property within the Livingston Road corridor. CONSIDERATION: LB /P- GroveWay, LLC ( "GroveWay ") has requested use of approximately one half (1/2) of an acre of vacant County -owned property located at the southeast quadrant of the intersection of Vanderbilt Beach Road and Livingston Road. GroveWay shall utilize the property for placement of a mobile unit to be used as a residential sales center for the approved PUD known as Oak Grove. Pursuant to Florida Statute 125.38, a Legal Notice ( "Notice ") was advertised in the Naples Daily Neri,s on April 10 and April 17, 1999. The Notice was advertised once (1) a week for two (2) consecutive weeks. A copy of the Notice and the Affidavit of Publication are on file in the Real Property Management Department. The conditions outlined in the Notice included the following requirements: a Three (3) year lease term; a provision granting Collier County the right to terminate the Lease by providing a sixty (60) day written notice, a minimum annual rent of Three Thousand Five Hundred Dollars ($3,500.00); improvements placed on the subject property by the tenant are to be removed by the tenant at the termination of the Lease.. the tenant shall provide the required insurance policy to the Collier County Risk Management Department; all required permits must be obtained in order to install a mobile office unit and tenant must conform to any and all County codes relating to improvements made upon the property; the tenant shall be required to pay all costs associated with the publication of the advertisement; and the tenant shall enter into a Lease Agreement with Collier County addressing related provisions concerning the leasing of County -owned property. According to the only sealed bid, provided by GroveWay, which is on file in the Real Property Management Department, the term requested shall commence on July 1, 1999 and shall terminate June 30, 2002. GroveWay has offered to pay an annual rental of Twenty -Four Thousand Dollars ($24,000.00). GroveWay has also offered to pay, at the termination of the Lease term, Fifty Thousand Dollars ($50,000.00) as a one- time contribution. GroveWay has agreed to provide compacted fill to remain at the subject property for use in the future Livingston Road project. The Four Thousand (4,000) cubic yards of fill is valued at Thirty -Five Thousand Dollars ($35,000.00). As mentioned previously, the parking area shall be paved with limerock or asphalt and heavily landscaped with the landscaping valued at approximately Twenty Thousand Dollars ($20,000.00). At the expiration of the Lease term, GroveWay has agreed, at the County's direction, to remove or relocate the landscaping at GroveWay's expense to any location within the Livingston Road corridor for the County's use. GroveWay's total compensation to the County, including rent, the one -time contribution at the termination of the Lease, landscaping and compacted fill totals approximately One Hundred Seventy -Seven Thousand Dollars ($177,000.00). The attached Lease Agreement was reviewed by the Office of the County Attorney, the Transportation Department and the Risk Management Department. L __ 0. ^FISCAL IMPACT: The annual rent of Twenty -Four Thousand Dollars ($24,000.00) and the one -time ontribution of Fifty Thousand Dollars ($50,000.0) shall be deposited into the following account: Fund: 101 (Road and Bridge) Cost Center: 163610 (Transportation Administration) Project: 362180 (Lease Land) GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with LB/P- GroveWay, LLC and authorize its Chairman to execute same following final review of the Lease by the Office of the County Attorney. PREPARED BY REVIEWED BY: Ed Kant, Direc REVIEWED B ling, Real DATE: " '�7 Real Property Management Department ;transportation Services Department Ed Ilschner, Administrator, Public Works Division DATE • .. i DATE: 6 — �r —09 5 r__ L J �_9_9 UN Lease # N N t. l Lt) �i 1 u i� 1► � 11 THIS LEASE AGREEMENT entered into this day of , 1999, between LB/P- GroveWay, LLC, a Delaware Company, whose mailing address is 2055 Trade Center Way, Naples, Florida 34109, 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, providing LESSEE is able to obtain the necessary use permit as stated below, the property described in Exhibit "A" which is attached hereto and made a part of this Lease, hereinafter called the "Demised Premises ", situated in the County of Collier and the State of Florida, in order to install a modular office and related improvements for the purpose of operating a sales center for LESSEE'S future residential development. LESSEE shall be required to obtain the required use permit for a model sales center on the Demised Property pursuant to the Collier County Land Development Code, If LESSEE is unable to obtain said permit within thirty (30) days from the LESSOR'S execution of the Lease, this Lease shall become null and void. LESSEE shall then provide LESSOR with Two Thousand Dollars (52,000.00) to be considered as rent for the thirty (30) day period. LESSOR does not make any representations or warranties with respect to the Demised Premises to the LESSEE prior to the execution of this Lease. The LESSEE accepts the Demised Premises in "as is" condition and there shall be no abatement for defects in the Demised Premises or for violations of law with respect thereof and LESSEE shall not hold LESSOR liable for any defects in or defective conditions of the Demised Premises or to title thereto. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of Three (3) years, commencing on July 1, 1999, and ending June 30, 2002. LESSOR reserves the right to terminate this Lease, by providing LESSEE with sixty (60) days written notice to the address set forth in Article 13 of this Lease. Said notice shall be effective upon personal delivery, overnight delivery service or placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. $eb LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Twenty -Four Thousand Dollars and 00 /100 Cents ($24,000.00) per annum to be paid in two (2) equal installments of Twelve Thousand Dollars and 00 /100 Cents ($12,000.00) each, on July 31, 1999 and January 31, 1999 for the first year of the Lease and on the same days specified for each ensuing year of the Lease term. LESSEE will also be responsible for the payment of additiTal rent as provided for in ARTICLE 4 of this Lease. LESSEE agrees to pay, in addition to the annual rental amount stated above, a sum of Fifty Thousand Dollars ($50,000.00) at the end of the third year (36`h month) of the Lease term. Pi. e ARTICLE 4. Other Expenses and Charges LESSEE shall pay all costs associated with the Demised Premises including, but not limited to, ,,..._„landscaping service, janitorial service and any utility charges. Utility charges shall include, but shall -)t be limited to, electricity, light, heat, air conditioning, power, water, sewer and telephone or other ommunication services used, rendered or supplied thereupon or in connection with the Demised Premises. If LESSOR elects to supply any services, LESSEE agrees to pay the same as additional rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice. ARTICLE 5. Modifications to Demised Premises LESSEE shall be allowed to install upon the Demised Premises, by following the procedure stated below, landscaping comparable to the proposal depicted on LESSEE'S artist's rendering (not dated) which was determined at a value of approximately Twenty Thousand Dollars ($20,000.00); paved parking area; appropriate signage and the modular office itself. Prior to making any improvements, additions, changes or alterations 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 thirty (30) 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 thirty (30) 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. LESSEE covenants and agrees in connection 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 fiiture applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises, except for the installed landscaping and compacted fill, shall remain the property of the LESSEE when made or installed to the Demised Premises. Prior to the expiration or early termination of this Lease, LESSEE shall prompthV 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'S paving shall also be removed at the Demised Premises unless LESSOR requests same to remain. At the termination of this Lease, the LESSOR shall have the right to retain any and all landscaping placed upon the Demised Premises by the LESSEE for the LESSOR'S use along tine Livingston Road corridor. The LESSEE, upon LESSOR'S direction, shall relocate and/or remove said landscaping from the Demised Premises at the sole cost and expense of the LESSEE. The LESSOR shall also have the right to retain the Four Thousand (4,000) cubic yards of compacted fill placed upon the Demised Premises by the LESSEE. LESSOR shall be responsible for the displacement of the till. LESSEE shall coordinate the relocation and/or removal of any or all landscaping and the retention of the compacted fill by mutual agreement with the LESSOR at least thirty (30) days prior to the termination of this Lease. 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 LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services :herein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ice. ARTICLE 7. Assiartment and Subletting LESSEE covenants and agrees not to assign this Lease of the LESSEE 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 which consent shall not be unreasonably withheld. 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 assigmment of this Lease or subletting of the Demised Premises. ARTICLE S. Indemnity LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or from the street or sub - surface, or from any other place, or for any interference caused by operations by or for a govenunental authority in construction of any public or quasi - public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 9. Insuranc 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 Three Hundred Thousand Dollars and No /Cents (5300,000.00) combined single limits during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No /100 Cents (5100,000.00) each accident. Such insurance policy(ies) shall list Collier County as an additional insured thereon. 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. IUD 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). 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. 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 for sixty (60) consecutive days. (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. (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. 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 from record within thirty (30) days of receipt of the notice by LESSEE, pursuant to the Florida Mechanics Lien Law. If LESSEE fails to pay, when due, any installment of rent or any other sum payable to LESSOR under this Lease, and if said sum remains unpaid for more than ten (10) days past the due date, then LESSEE shall pay LESSOR a late payment charge equal to five (5 %) percent of any payment not paid promptly when due. Any amounts not paid promptly when due shall also accrue compound interest of two (2 %) percent per month or the highest interest rate then allowed by Florida law, whichever is higher, which interest shall be paid by LESSEE to LESSOR. 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. S 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: LESSEE: Board of County Commissioners LB/P- GroveWay, Inc. c/o Real Property Management Dept. 2055 Trade Center Way 3301 Tamiami Trail East Naples, Florida 34109 Administration Building Naples, Florida 34112 cc: Office of the County Attorney Director, Transportation Department ARTICLE 14. Surrender of Premise Other than the improvements which are to remain on the Demised Premises pursuant to the terms of this Lease, LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination of this Lease, or its earlier termination as herein provided, 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 Provision 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. (a) 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. 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 which result from the LESSEE'S use of the Demised Premises. ARTICLE 17. 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 Department. k +� lu r! 4 L !vim ARTICLE 18. Extent of Liens 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 r�ESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching .) 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 19. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 20. Governing Law This Lease shall be governed and construed in accordance with the laws of the State of Florida. ARTICLE 21. Quiet Enjoyment Subject to LESSOR'S rights to terminate this Agreement as provided in this Lease, LESSOR covenants that LESSEE, on paying the rental amount and performing the covenants, terns and conditions required of LESSEE contained herein, shall peaceably and quietly have, hold and enjoy the Demised Premises and the leasehold estate granted to LESSEE by virtue of this Lease Agreement. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: ATTEST: -^ DWIGHT E. BROCK, Clerk Deputy Clerk AS TO LESSEE: DATED: W ESS (signature) �jlQc"Y �•�o7� ".is (print name) WITNESS (signature) (print name) Approved as to form and legal sufficiency: Heidi F. Ashton, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ME PAMELA S. MAC'KIE, Chairwoman LB/P- GroveWay, LLC a Delaware Limited Liability Company By: GroveWay Development, LC. its Operating Member and Authorized Signatory: STUART WOOD, Managing Member 5 �F P G '.... :t r EXHIBIT "A" cc co ` j /00, i t t C2 j� 25E I -r-0, EXECUTIVE SUMMARY APPROVE A SOLE - SOURCE PURCHASE OF ODOR MONITORING EQUIPMENT AND AN ASSOCIATED BUDGET AMENDMENT FOR THE NAPLES LANDFILL ODOR MONITORING PROGRAM OBJECTIVES: 1. To gain Board of County Commissioners waiver of bid requirements and authorize the purchase of four Jerome 631X H2 Gas Monitors from Arizona Instrument Corporation as a sole source purchase. 2. To gain Board of County Commissioners approval for a budget amendment to fund purchase and installation of the equipment needed to establish the Naples Landfill Odor Monitoring Program. CONSIDERATION: This is the comprehensive odor monitoring program, designed for the Naples Landfill and the surrounding community, as discussed at the Board of County Commissioners April 20, 1999 Solid Waste Workshop. The primary components of this program are an automated weather station (which will also be used to control the landfill fans of the Odor Dispersal Program), one portable and three stationary automated hydrogen sulfide monitors ( sensitivity = 1 part per billion), and the laptop computer needed to download the automated monitors' data. The Jerome 63 I X gas monitors are a sole - source item; as confirmed in their sole - source letter, Arizona Instrument holds the patents and is sole manufacturer of the only monitors which meet the County's I part- per - billion specification for human - sensitivity level odor monitoring. FISCAL IMPACT: $74,000 to be transferred from Solid Waste Reserves to Naples Landfill operating and capital funds. GROWTH MANAGEMENT IMPACT: (N /A) RECOMMENDATION: That the Board of County Commissioners approve the purchase of gas monitors from Arizona Instrument Company and approve the necessary budget amendment as described herein. FGiND r r NO.� G �t3 JUN 2 2 1S99 PG. / SUBMITTED BY: Date: ix S. Rdenbarn, Solid Waste Coordinator r REVIEWED BY: '�~" ✓� ��'�= �''t Date: 6'1 David W. Russell, Director, Solid Waste Department GV%46� REVIEWED BY: .41 U Date: q (C% Stephen a ,Director, Purchasing Department APPROVED BY- Date: 9- Ed Ilschner, Public Works Administrator 4iiL P3Lih SENT BY.AZ[ 5 -26 -99 ;12 :25PM ; AR12ONA INSTRUMENT- 941 774 9222;# 21 ATTACHMENT NO. 1 NI LwUm e;; May 26, 1999 John Biedenharn Collier County Solid Waste Dept. 3301 E. Tamiami Trail Naples, FL 34112 Dear John: Arizona Instrument corporation does have a patent number for the Jerome 631 -X sensor operadon. The patent number is 4,724,008. This patent was issued 219/88 and would be in effbat until 5120/2005, however, the patent was allowed to expire after 8 years. The costs involved with the yearly renewal along with the market size for PPB H2S, did not warrant continuing the patent protection. Arizona Instrument is the only manufacturer of a Gold Film Sensor able to measure low levels of HIS and is the most sensitive (1 PPB H2S) portable H2S analyzer on the market by a factor of 10. Arizona Instrument is the msnuhtctiurer and exclusive distributor for all Jerome analyzers. All saies and services are conducted from our Arizona headquarters. The Jerome 631 -X utilizes an exclusive gold film sensor manufactured at our facility. With an analysis range of 1ppb (part per billion) to SO ppm (parts per million) the Jerome 631 -X is the only portable analyzer Capable of accurately measuring ppb levels of H2S. The Jerome Communication Interface (JCI) data logger kit is used for data collection and storage. The data togging system is exclusive to the Jerome product Iine and interfaces solely with the Jerome 631 - x Hydrogen Sulfide Analyzer. The Jerome 631 -X can be used by a facility in a number of applications including perimeter monitoem-2, gathering Quantitative data on reduced sulfur concentrations, tracking odors hack to the source and scrubber efficiency verification. It is important that odor and corrosion programs be based on quantiEzble concentrations to provide accurate data to reduce excessive odor releases. Arizona Instrument Corporation is looking forward to aiding you in your efforts to address these concerns. If I can be of further assis=ce, please call me toll -free at 800- 390 -1414. Sincerely, Arizona lastrumcat Corporation YPO-00 Neal Bridges National Account Rep. 4114 F.IA V-4 Stem Phoenix AZ $501i F-C t NA (6= 47* -1414 SUN 2 2 19 PG. 3 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #99 -2951 FOR ORTHOPHOSPHATE POLYPHOSPHATE OBJECTIVE: That the Board of County Commissioners, Ex- Officio, the Governing Board of the County Water /Sewer District, award Bid # 99 -2951 for orthophosphate /polyphosphate. CONSIDERATION: 1. The County's Public Works Division operates water facilities necessary to serve the customers of the Collier County Water -Sewer Division. 2. These treatment facilities require the use of orthophosphate /polyphosphate to treat the water for the County's customers. 3. Bid #99 -2951 for Orthophosphate/Polyphosphate was posted on May 12, 1999. Ninety-one (91) inquiries were sent to vendors and six (6) responses were received. 4. Staff has reviewed the bids and is recommending that the Board of County Commissioners award bid #989 -2951 - "Orthophosphate/Polyphosphate" to Sweetwater Technologies to be ordered by the departments as required. FISCAL IMPACT: The Fiscal impact of awarding this bid is estimated to be $48,500.80 for for the next year. Funds are budgeting and approved in the Public Works cost centers (408- 253211) South Regional Water Treatment Plant and (408 - 253221) North Regional Water Treatment Plant. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid #99 -2951 "Orthphosphate/Polyphospate" to Sweetwater Technologies. 1/i�� SUBMITTED BY: � !�-� Date: aul Mattausch, Water Director I ` /A REVIEWED BY: �� _ Cote ' Date: Stephen Y. Carnell, Purchasing/General Services Director APPROVED BY: Date: 9 Ed Ilsc er, Pub is Works Administrator AG 01, JUN " '_' PG. / a N O t a O -- a y R t CL N O t CL O t 0 r ^n � -' 0A O x 0 � w U �O' L C a :Q G 0 G CIO a a• Ld,' 1/"i A�CC++• � N MJ L.i.J L U cz � c> M Q U cz Z Vs : Rn v-i w ry c� ►r Kr cd E TA 5n .� � 'G O O O O O O O M C) � O O ZI O cz � M ['- W 6R V) N N ° C7 cd , i 69 00 F q E�3 oU l0 y _ Coe O C Ef3 69 69 N O ~U Q � z z p, tn .O O G v O U O N ; O p C. C> c) 4fi v'i 00 O vq M ro7 .. G a- :J O N ci W CC 60q b4 Czb7 cn 1� _ V) O C` M M ^ L M C�' V N N M V Al :. bs:.04 CL 00 TM CIA r'q J :tos v K' z cz Y�1 F1 a W W JUN 2 2 1999 PG. U cz Z ►r Kr cd E 5n .� � 'G ZI u cz W cz ° C7 cd o F Q v, p d p, tn .O O G v O U O N ; O p C. cu u G a- :J O ci W cn 1� Y�1 F1 a W W JUN 2 2 1999 PG. a, � V y N V U :C d m h � v O L Q U A V L d w t Q. N O t CL 0 L w L 0 :C n C Q •V C �AA p A� iv V L O a N C� N E^ M EXECUTIVE SUMMARY REQUEST BOARD APPROVAL TO WAIVE TIPPING FEES FOR ILLEGAL DUMPING CLEAN -UP ON BENTON ROAD. OBJECTIVE: To accomplish the clean -up of illegal dumping on Benton Road. CONSIDERATION: The Collier County mandatory waste collection program provides dumpsters located on Benton Road to facilitate waste collection service to residents living on remote private roads not accessible to collection trucks. Recent forest fires in the area generated waste that has been deposited next to the dumpsters. The County Road and Bridge Department and Waste Management, Inc. will participate in the clean -up effort. Staff is requesting that tipping fees be waived for this clean -up. FISCAL IMPACT: Approximately $533.00 for 20 tons of material. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: To waive landfill tipping fees for illegal dumping clean -up on Benton Road. ' f SUBMITTED BY: t ,,�j �i�G /f� Date: David W. Russell, Director, Solid Waste Management Department APPROVED B Date: 4� " 10—?q Ed Ilschner, Public Works Administrator . c2 Ex_ K;. J p _ ) JUN 2 2 1999 PG. EXECUTIVE SUMMARY APPROVE AN AGREEMENT WITH THE GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT. OBJECTIVE: Staff is requesting approval and execution of the attached Agreement with the Golden Gate Fire Control & Rescue District ( "District ") which addresses the conveyance of property to the County, and certain improvements required to complete the Golden Gate Boulevard project/63041. CONSIDERATION: Pursuant to Resolution No. 98 -107 approved by the Board of County Commissioners on April 28, 1998, Collier County ( "County ") intends to widen Golden Gate Boulevard from two lanes to four lanes between County Road 951 and Wilson Boulevard, and make related transportation, drainage and utility improvements within the Golden Gate Boulevard corridor. The east -bound right turn lane which the County is to construct at the intersection of Golden Gate Boulevard and 13' Street SW /NW will result in the loss of parking spaces and water retention areas at the Golden Gate Estates Branch Library ( "Library") facility. The most feasible location for the replace me nt/reconstruction of the parking and water retention area is immediately east of the existing Library parking. The District currently owns the property to the east. Both parties have mutually agreed that the District shall convey, for no monetary compensation, the North One 'f (1/2) of the West 150 feet of Tract 53, Golden Gate Estates Unit No. 9, according to the plat thereof, .orded in the Official Records of Collier County, in Plat Book 4, Page 99 to the County via Deed in exchange for the County to fund the installation, construction and /or relocation of the east -bound right turn lane, a new driveway into the fire station east of the Library serving the District, a west -bound left turn lane and median opening on Golden Gate Boulevard serving the relocated driveway and a traffic signal with emergency interrupt controls at the intersection of Golden Gate Boulevard and 13' Street SW /NW. The District shall be responsible to pay for any and all costs associated with the purchase and installation of an emergency pre- emption devise for the aforementioned traffic signal, which shall serve the District's facility and the future Emergency Medical Services /Sheriff's Office facility to be located to the west of the Library. The Public Works Engineering Department in designing the widening of Golden Gate Boulevard has determined to construct the safest and most effective roadway would require the installation of left and right turn lanes into the fire station on Golden Gate Boulevard and the installation of a traffic signal with emergency interrupt controls at 13`h Street SW /NW. In addition, the improvements shall also increase safety to the public and improve traffic operating conditions for the roadway. FISCAL IMPACT: The proposed FY-00 budget for this project is $15,641,900. Of that amount, $4,110,000 is to be budgeted in the Golden Gate Estates Impact Fee District Fund (338), Golden Gate Boulevard Improvement project. Costs and revenues associated with this Agreement are yet to be determined. Any cost incurred or revenues received due to this Agreement will be expended from or deposited into this fund and project. A a AN ? IS-1,99 PG. t rROWTH MANAGEMENT IMPACT• The future four - laning of Golden Gate Boulevard from County Road 951 /ilson Boulevard is CIE project number 62 under the Transportation Element of the County's Comprehensive RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. approve the attached Agreement; 2. authorize its Chairwoman to execute the Agreement; 3. direct staff to proceed to acquire the subject site and follow all appropriate closing procedures including obtaining the acceptance of the appropriate conveyance document and to record any and all necessary documents (once approved by the County Attorney's Office) in order to obtain clear title to the property once all other criteria proves satisfactory; 4. approve and authorize its Chairwoman to execute an Access Easement (and /or any other document necessary) granted to the District and record same in the Public Records of Collier County, Florida; 5. hereby waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; and lastly 6. approve any and all necessary Budget Amendments to fund said purchase and related expenses. PREPARED BY: DATE:' TONI A. MOTT, SEN16R SPIECIAI IST, REAL PROPERTY MANAGEMENT REVIEWED BY: /��'" DATE: �_ y A. NYANKADAU KORTI, PROJECT MANAGER, PUBLIC WORKS ENGINEERING DEPT. .. HEWED BY j \ J^, DATE: JEFF BIBBY, DIRECTOR, PUBLIC WORKS ENGINEERING DEPARTMENT APPROVED BY: ED ILSCHNER, ADMINISTRATOR, PUBLIC WORKS DATE: Bdo p NO. I D` 4a JUN 2 2 SJ' ;,c;. 2 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and enterer into by and between GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, (hereinafter referred to as "District "), and COLLIER COUNTY, a political subdivision of the State of Florida. its successors and assigns (hereinafter referred to as "County "): WHEREAS, County intends to widen Golden Gate Boulevard from two lanes to four lanes between County Road CR -951 and Wilson Boulevard, and make related Transportation, Drainage and Utility improvements within the Golden Gate Boulevard corridor; WHEREAS, the east -bound right turn lane which County shall construct will result in the loss of parking spaces and water retention areas at the County's Golden Gate Estates Branch Library facility; and WHEREAS, the most feasible location for the replacement / reconstruction of said parking and water retention areas is immediately adjacent and to the east of the existing library parking on a portion of District's existing lands, (the West 150 feet of Tract 53, Golden Gate Estates Unit No. 9, according to the plat thereof, recorded in the Official Records of Ccllier County, in Plat Book 4, Page 99), hereinafter referred to as the "Property;" and WHEREAS, the replacement / reconstruction of said library parking and water retent or areas on a portion of the Property will require the relocation of District's existing driveway further to the east of the driveway's present location; and WHEREAS, District agrees to convey the North One Half (1/2) of the Property to County for the replacement / reconstruction of said library parking and water retention areas, and WHEREAS, both the District and the motoring public are best served by the construction of left and right turn lanes into the fire station on Golden Gate Boulevard, and the installation of a traffic signal with emergency interrupt controls at 13'" Street SW / NW; and WHEREAS, the above - referenced improvements in public safety warrant County's funding the installation, construction and /or relocation of: (a) the afore - mentioned east -bound right turn lane; (b) a new driveway into the fire station with the entrance point located on the East One Half (112) of the Property; (c) a traffic signal with emergency interrupt controls at the intersection of Golden Gate Boulevard and 13" Street SW / NW; (d) a west -bound left turn lane and median opening on Golden Gate Boulevard serving District's new / relocated driveway, NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10 00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. District, for no monetary compensation, shall convey to County a fee estate by Warranty Deed to the North One Half (112) of the Property in a form acceptable to County. 2. County shall construct, install and/or relocate at its sole expense: (a) the afore- mentienea east -bound right turn lane; (b) the driveway east of the library serving the District; and (c) a west -bound left turn lane and median opening on Golden Gate Boulevard serving the relocated driveway. 3. Simultaneous with the District's conveyance to County of the fee estate in the North One Half (1/2) of the West 150 feet of Tract 53, County, for no monetary compensation, shall grant to District a perpetual replacement access easement across the lands upon wh ch the relocated driveway will be located, being a portion of the East 75 feet of the West 150 feet of Tract 53, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99 of the Public Records of Collier County, Florida. 4. District shall only be responsible for any and all costs associated with the purchase and installation of an emergency pre - emption device to be located at the traffic signal at the intersection of Golden Gate Boulevard and 13" Street SW / NW; the type of pre - emption device shall be determined by County. Actual costs shall be determined upon completion of the traffic signal and pre - emption device installation and shall be due and payable within ninety (90) days of payment request by County. JUI 2 2 1;` Agreement Page 2 This Agreement, and all of the provisions and conditions hereof, 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. District is aware and understands that all of the promises which comprise this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. District represents that District's lands, and all of the uses of District's lands, to the best of the District's knowledge have been and presently are in compliance with all Federal, State and Local environmental laws; to the best of the District's knowledge that no hazardous substances have been generated, stored, treated or transferred on District's lands except as specifically disclosed to the County; that the District has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of District s lands to be conveyed to the County, that the District has not received notice and otherwise has no knowledge of: (a) any spill on District's lands; (b) any existing Cr threatened environmental lien against District's lands; or (c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on District's lands. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. 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 representat'v es. successors, successor trustees, and /or assignees, whenever the context so requires or admits. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of 19_ __ AS TO COUNTY: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Pamela S. Mac'Kie, Chairwoman i,Ui K 1 �ls ON Agreement AS TO DISTRICT: DATED: 06/09/99 Witness (Signature) Name :inn ,�'ti.-'?c -\cr7on (P ' t or ype) itness (S tyyre) ame:�s.+e A, Srn 7N (Print or Type) Approved as to form and lega) sufficiency: Heidi F. Ashton Assistant County Attorney Page 3 GOLDEN GATE FIRE CONTROL AND RESCUEpISTRIC, B Tom Henning, Chairman E JUN. 21 tg49 EXECUTIVE SUMMARY APPROVE AN AMENDMENT TO THE ADDENDUM TO A RIGHT -OF -WAY RELATED PURCHASE AGREEMENT WITH THE OWNERS OF THE OAK TREE MEDICAL CENTER ON PIPER BOULEVARD. OBJECTIVE: Approve the Amendment To Addendum To Purchase Agreement document with the owners of the Oak Tree Medical Center (Owners) in order to accommodate requested design changes as part of the Airport- Pulling Road Bridge Project. CONSIDERATION: On September 12, 1995, Collier County adopted County Ordinance No. 95 -47, approving the Piper Boulevard Medical Office Center PUD (Currently named Oak Tree Medical Center). Pursuant to the PUD, the Owners did convey right -of -way along Piper Boulevard to Collier County for road, utility, drainage and maintenance purposes and Collier County compensated the Owners for the conveyance. A Purchase Agreement for this conveyance and compensation was approved by the Board of County Commissioners on September 12, 1995. The Purchase Agreement also included an Addendum. The Addendum, in part, required Collier County at its expense, to construct a driveway access from Piper Boulevard to and from the Owners' adjoining property at the easterly property line. The subject driveway is now not desired by the Owners, as they believe it would cause traffic congestion to their parking lot entrance. In lieu of constructing the driveway, the Owners have agreed to accept compensation in the amount of $815.13, which is the estimated cost to construct the driveway under the Airport- Pulling Road Bridge Project. Therefore, an Amendment To Addendum To Purchase Agreement has been prepared that revises the original Addendum to delete the driveway construction. The Collier County Attorney's Office and the Public Works and Engineering Department have both reviewed and approved the Amendment To Addendum To Purchase Agreement. FISCAL IMPACT: Funds in the amount of $815.13 are available in the Airport Pulling Road Bridge Road Construction Gas Tax Fund (Project Number 66067). GROWTH MANAGEMENT IMPACT: None AGEND ITE NO - M � JUN 2 2 1999 PG. RECOMMENDATION: That the Board of County Commissioners: (1) Approve the Amendment To Addendum To Purchase Agreement and authorize it's Chairwoman to execute said instrument; and (2) Approve compensation to the Owners of the Oak Tree Medical Center in the amount of $815.13 and authorize staff to issue the monetary payment. PREPARED BY: "/ ��� DATE • (✓ — �% `� Ernie W. Kerskie, Real P ty Specialist II, Real Property Management Department REVIEWED BY: DATE: Vladimir yziw, E, M , Project n I, Public Works Enghtieering Department v REVIEWED BY: �� ' 1�i DATE: Jeff Bibby ; Director, Public Works Engineering Department APPROVED BY: DATE: Ed Ilschner, Administrator, Public Works Division F AG[NL �T JUN 2 2 1994 F . PROJECT: Piper Blvd, Medical Center FOLIO: 65371480006 THIS AMENDMENT TO ADDENDUM TO PURCHASE AGREEMENT entered into this -Z*� " day of /'1 /9 Y , 19 ° by and between GREGORY A. COLLINS, and ANGELA V. COLLINS, husband and wife; CRAIG R. SEIBERT, as successor to KARLA A. SEIBERT, WILLIAM G. AUGHTON and MAUREEN P. AUGHTON, husband and wife; OIVIND E. JENSEN, as Trustee under a Declaration of Trust dated April 20, 1995 and PHYLLIS M. JENSEN, as Trustee under a Declaration of Trust dated April 20, 1995; WILLIAM E. GRUBBS, JR., M.D.; whose mailing address is 90 Cypress Way, Suite 60, Naples, Florida 34110 hereinafter referred to as the "Owners ", and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 hereinafter referred to as the "County." WITNESSETH WHEREAS, the County and Gregory A. Collins, William G. Aughton, William E. Grubbs, Jr., Oivind E. Jensen and Karla A. Seibert have previously entered into a Purchase Agreement and Addendum to Purchase Agreement dated September 4, 1996; and WHEREAS, the County and Gregory A. Collins, William G. Aughton, William E. Grubbs, Jr., Oivind E. Jensen and Craig R. Seibert, as successor to Karla A. Seibert are desirous of amending said Addendum to Purchase Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided within the said Addendum to Purchase Agreement dated September 4, 1996 and Ten Dollars ($10.00) and Other Valuable Consideration, the said Addendum to Purchase Agreement is hereby amended as follows: 1. Paragraph 1 of the Addendum to Purchase Agreement is hereby deleted in its entirety and the following provision is substituted in its place: Owners agree to accept compensation in the amount $815.13, which is the estimated cost to construct a tie -in for sidewalk and driveway connections for access to Piper Boulevard to and from Owners' adjoining property. 2. Except as expressly provided herein, the said Addendum to Purchase Agreement between the County and Owners remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the Owners and County have hereto executed this Amendment to Addendum to Purchase Agreement the day and year first above written. AS TO THE OWNERS: DATED: IRST WITNESS (Signature) J.-) I--) 1 W H z —Q? (Print Name) sta6N6 WIT ESS ( ture) J S + (Print Name) J GREGO . COLLINS A D �r NQ. Ek JUN 2 2 1g '99 PG. FfPST WITNESS (Signature) Jc„z�.� ZJH�� -t2 (Print Name) SECOND WITNESS nature) (Print Name) 1 FIRST WITNESS (Signature) I &K,A A J r-k-T (Print Name) SECOND WITNESS (Signature) 7 Dirt M v C c i�►2c r.1 E (Print Name) FIRST WITNESS (Sign tune) r A (Print Name) p 19ECOND WITNESS (Signature) Joa t W (Print Name) FIRST W11NE S (Sig t re) Lt (Print Name) SECOND WIT ESS (Signature) nc (Print Nam 'o RST WITNESS (Signature) Jr) , Print Name) COND WITN SS (Si n lure) (Print Name) FIRST WITNESS �(Signature) rint Name) Z /,Zz" O D WITNE ignature) (Print Name) GE C /OL S _ lt�t CRAIG R. S ERT, as successor to KARLA A. SEIBERT WILLIAM G. AUGHTO MA EN P. AUG 0 OIVI D E. JENSEN, s Trustee under a Declaration o Trust dated April 20, 1995 z � � ez4o; �0/- � �", --, e, � PHY IS M. J , as Trustee under a Decl ati of Trust dated April 20, 199 AU ND I T N0. 1L JUN 2 2 1S""'9 PG. _._.:> y9aa4,4 FIRST WI NES$,(Sigpature) (Print Name) S COND WITTNES I nature) ea nt�tt'e, Y1C�l (Print Name) STATE OF r— M-10!"- COUNTY OF CDLi-� EZ- WILL BS, JR., M.D. The foregoing Amendment to Purchase Agreement was acknowledged before me this it day of M R -I 1999, by GREGORY A. COLLINS. He is personally known to me, as i�eat+fisatioo� (Affix notarial seal) ( tz4k-e- - JOHRENEANNWHEELER Signature of Notary) A"`• MY COMMISSION a CC 7547i6 EXPIRES June 28 2002 t .10ed Tr, Nou,7bC'2UOaneMl II (Print Name of Notary) Commission # My Commission Expires, STATEOF F{_O(Lli:�57 COUNTY OF (?O+LlEQ- The foregoing Amendment to Purchase Agreement was acknowledged before me this I t day of , 1999, by ANGELA V. COLLINS. She is personally known to me or-w (Affix notarial seal) t w, °RENE ANN WHEELER S '"xMIS510N C" CC 754766 26.2002 •'�.W,,,!�r to ee TNxRIRES ru Ndary Pu04[ Unperµn11r1 STATE OF F-:(aJ;" COUNTY OF ("a l ( e Y— (Signature of Notary) (Print Name of Notary) Commission # _ My Commission Expires. The foregoing Amendment to Purchase Agreement was acknowledged before me this l �, day of J ` 9 _by CRAIG R. SEIBERT, as successor to KARLA A. SEIBERT. He ' personally known to me r who- has-produced -- as idenUfiealion. (Affix notarial seal) �LA "� :L7L 1 i Signature df Notary) 11'l e- L. 6'r,sty)0 MarpfaLC -. (Print Name of Notary) *M* MyCommssonCC710149 Commission# (2 C_) I (` Iy *. ;.,,W Expires January 22, 2002 My Commission Expires: A NDA TT ?{ No. JUN 2 2 1999 PG. STATE OF ipA COUNTY OF CeL.L1 R The foregoing Amendment to Purchase Agreement was acknowledged before me this lot day of t1-1 R:! 1999, by WILLIAM G. AUGHTON. He is p_erson known to me.or- w#jo- hespPedu.Qed ac irientifinatinn (Affix notarial seal) ( 1ty (Signature of Notary) r 7yy� JONRENE ANN WHEELER MY COMMISSION # CC 754766 EXPIRES: JuM 26.2002 >� ;n• • eaaa *nnr No4iy roost unNiwntin STATE OF COUNTY OF (Print Name of Notary) Commission # My Commission Expires: The foregoing Amendment to Purchase Agreement was acknowledged before me this 11-- day of 1999, by MAUREEN P. AUGHTON. She is personall known to me, or-who- teas- producoci• as ideatif+satieFl. (Affix notarial seal) �ihe.�Q� -L�u -e c -C-- of Notary) ;V .: JOHRENE ANN WHEELER (Print Name of Notary) MY COMMISSION I CC 714766 Commission # }'• EXPIRES: Juno 28 2W2 M Y Commission Expires 11—W 1MU Nolary PA undo"On STATE OF ,-%J 2iP A COUNTY OF CG1 c.-l. t-K- The foregoing Amendment to Purchase Agreement was acknowledged before me this l_ day of M 1999, by OIVIND E. JENSEN, as Trustee under a Declaration of Trust dated April 20, 1 95. He is personally known to me, or--who- has pFedaeed_ as- ideg4teeben. (Affix notarial seal) .•��...,., JOHRENE ANN WHEELER R•'��;: MY COMMISS'DN�CC'54766 c>.PiREE iu��e�28�2aQ�,,es STATE OF E.D CLt pA COUNTY OF ignature of Notary) (Print Name of Notary) Commission # My Commission Expires. The foregoing Amendment to Purchase Agreement was acknowledged before me this X25 day of MA-4 , 1999, by PHYLLIS M. JENSEN, as Trustee under a Declaration of Trust dated April 20, 1995. She is personally known to me, or wbo-t �� — as4de44ficAibon. (Affix notarial seal) JOHRENE ANN WHEELER A' Ft MYCOMS�'550% 'S4756 EXPIRES d.;�o .�y�A�C '�Y�d' Benxa rn,, uoury P.e. �. ,ao•�.�.�s gnature of Notary) (Print Name of Notary) Commission # My Commission Expires: AGENDA T NO. d i' JUN 2 2 1S99 PG. 4 STATE OF A COUNTY OF The foregoing Amendment to Purchase Agreement was acknowledged before me this day of._ 1999, by WILLIAM E. GRUBBS, JR., M.D.. He is perso_ Wally known to me . ec- whe- hes-pF deed— - - -- - -- io+M. (Affix notarial seal) iot (Signature of Notary) HRENE ANN WHEELER :�•.'� ., MYOCOMMISSiONMCCI5" �` a 26 202 AS TO THE COUNTY: (Print Name of Notary) Commission # _ My Commission Expires. DATED: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: DWIGHT E. BROCK, Clerk PAMELA S. MAC'KIE, CHAIRWOMAN , Deputy Clerk Approved as to form and legal sufficiency: LN G j, ,41 �' Heidi F. Ashton Assistant County Attorney A- N A 1T N0. q� JUN -72 2 1`99 PG. / EXECUTIVE SUMMARY STATUS REPORT TO THE BOARD REGARDING WESTVIEW DRIVE. OBJECTIVE: To provide an update to the Board of County Commissioners on staff progress and findings regarding the status of Westview Drive. CONSIDERATIONS: At its May 11, 1999, meeting, the Board gave direction to staff to review the history and present condition of Westview Drive from Airport Road easterly for a distance of about '/4 mile to the western boundary of the Westview Plaza PUD. This direction was given to staff as a result of a Public Petition item by Mr. Richard Vetter (Agenda Item 7B, May 11, 1999, copy of Minutes attached as Attachment No. 1). This westerly portion of Westview Drive has never been platted or otherwise dedicated (Attachment No. 2). It has, however, been used as access to all the properties fronting the roadway and as access to the Westview Plaza PUD. This access to the PUD is a consequence of prior Board action prohibiting access from Donna Drive to the east. Staff has performed a site review of the non - platted portion of Westview Drive as has Mr. Vetter. Mr. Vetter has obtained an estimate of about $50,000 to bring the existing roadway up to minimum county standards. The county's Road and Bridge Section has estimated that it could be as much as $85,000, based on core samples showing only 4" of lime rock base under the existing asphalt surface. Minimum standards for a commercial /industrial roadway cross - section require 8" of lime rock base covered by 3" of asphalt, hence, the higher estimate by the county. In addition, the Real Property Department has obtained an Abstract of Title for the properties fronting the roadway section in question, a copy of which has been provided to Mr. Vetter. Because of the number of parcels and the volume of deeds referencing some type of right -of -way or easement (108 separate legal instruments, Attachment No. 3), it will take additional time for both the Transportation Services Department and the Real Property Department to determine exactly what interests the county has in that roadway. Mr. Vetter has indicated that his initial contacts with the adjacent property owners have been positive with respect to their granting the county easements for roadway purposes over the properties in question. Staff is continuing to work with Mr. Vetter and the other property owners to provide a resolution to this issue as soon as possible. Staff will return to the Board with a recommendation. FISCAL IMPACT: If staff and Mr. Vetter are successful in obtaining the necessary roadway easements at no cost (minimum 60' of right -of -way easement), the cost to the county for title work, Real Property Department and County Attorney staff time will be about $12,000 (12 parcels @ $1,000 /parcel). The cost of bringing the roadway up to minimum county standards, as set forth above, will be about $85,000 depending upon final engineering requirements. These costs are not budgeted and, if any funding is approved by the Board, the appropriate budget amendments will be required. Funds would be requested from the gas -tax supported Roads CIP Fund (313) Reserves, if necessary. Annual maintenance costs are estimated at about $2500 /mile and are budgeted annuall AG No. JUN 2 2 1999 Pa. _.f Executive summary Status Report to the Board on Westview Drive Page 2 of 2 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board accept this status report and understand that staff will continue to work with Mr. Vetter and the other property owners to bring this issue to a conclusion. PREPARED BY: Edward J. Kant, P. ., REVIEWED BY: Sand> A Taylor, Real Pipperty Wre on Services Director DATE: <' %^ DATE. APPROVED BY: DATE: Ed Ilschner, Public Works Administrator Attachments: No. 1 — Agenda Item 713, May 11, 1999 Minutes No. 2 — Plan of Westview Drive and Westview Plaza PUD (Tax Map) No. 3 — Transmittal Letter from Lawyer's Abstract Service, Inc. AGE" EM No. II r 2 J U N 2 2 1999 Pa. /_ May 21, i599 devices and make suss they have the appropriate signage and pavement markings. Nell write a letter to that affect and than the -- we'll come back to you with the agreement eimilax to the agreement we put together for the Villages of Monterey, which in a three -part agreement among the homecmmers, the board and the sheriff. CHAIRWOMAN MAC'KiB: Basically it's because they're private streets, we have to extend the aherifi'e -- KR. RANT: ThLt'e correct, What yauLre, doing essentially is axtending the aouuty's jurisdiction permitting the sheriff to go in therm. You're not taking any responsibility for maintenance or any of thoea other costly type of issues. CHAIRWOMAN MAC'KTR: Is there a discussion4 It's public petition, our practice would be to give etatf direct if the board so deems. COMMISSIONER CARTSR; .1 move we give staft direction on this Jesus. CHAYkWOMU MAC1X13; I support that, Is there -- COMMISSIONER BERRY: I'II second it. CHAIRWOMAN MAC'KIR: -- a coaQensua? Okay, we won't have. an official vote eivae it's a ublic petition, but I think you can see there is sufficient direction from the board to move forward in that direction. MR. 1j=, Thank you, commissioners. We'll be back to you with that agreement. COMMISSIONER CONSTANTINE: Mr. Kant, what's a reasonable time frame they could expect that to come back? ZGR. XMT: Weed like -- because of the board's vacation schedule, Ted like to get it done before the and of June. COMMISSIONER CONSTANTI.NE; Thanks. MS. ELLISON; Thank you vary much, CHAIRWOMAN MAC'RIE; Thank you. Itam #7B XR. RICHARD SETTER RGARDING WIST9IRW 7LAZA PU'D LANDLOCKIBG 07 LOTS - 8TAS8 TO IRYBSTIGATR AND REPORT BACK And now Mr, Richard vettex regarding the WoNtvisw Plaza FM landlocking of Iota. Mr. Vetter ham changed a little bit and apparently looks a lot like Mr. Goodlette. MR. GOOMLET72: Thank you, Kadara Chairman and members. I'm Dudley Goodlette, actually xapraeenting the Girls' and Baym, Club of Collier County. We have been in negotiations with Mr, Vetter and Mr. Arnold for some time to acquire four lots at the easterly terminus of Wastview Plaza, Westview Drive. And just to orient you to where -- the land that we're talking about here, this is where the old Elks Club was located on Airport Road. There's a road that goes east from A.ixport Road back to a residential teighborhood, which is Donna street. When Westview Plasm. was initially platted in 1961, legal access to that westview Plaza property was actually off of Donna Street to the east. Since that's a residential neighborhood, thert was souse confusion, frankly, And when the PUD docu%ent was approved.by the county comission in 1963, the use of Donna Street was prohibited, and indeed barricaded, me that there is -- access has always been provided to Page Is ATTACHMENT NO. PAGE f OF 3 JLlr 1 1�, Kay 11, 1999 tbese 19 iota iti w*stview Plana by Westview Drive, which is east from Airport Road. But unfortunately, that's about a 2,400 -foot strip. Westview plasm is only half of that, about 1,300, so there's an inter there's, a gap of 11300 feet between -- again, if you can orient this, from the west boundary of Westview Plaza to Airport Road, So that 1.300 feet is a private S&GOment. And tbat'e avhab has created our problem. We've mat with Mr. -- cr representatives for Mr. Vetter and as well as the 8irls' and Boys' Club, Holly Maranon, has met with Mr. Weigel, talked to Mr. Kant, We +d simply like to have some direction, Boys' and Girls' Club needs to and Wants to and is anxious to go forward with its worthy program, but waive reached thia impediment, if you will, and ward like some direction and son;e help to sns.ble us, to go torward. mmxxtQOvAx MAC'KTS; If I can understand, the problem is that we're unable to negotiate access across that 1,300 feet of private easement? M. OOODLUTTE; It's eirnply -- it's a resa►rvation. 14r, Kant perhaps can address that more specifically, or Mr. Weigel, who's looked at it legally. It's a -- those are just -- we're sold by metes and bounds description. That other 1,300 feet, Madam Chairman, between the westerly boundary of westviem Plaza, the platted xestview Plaza, and Airport Road is not platted, as I understand it. And no that's a privately dedicated easement. we would like for the county to talcs over, either Accept that previously unplatted aocese so that we. can have legal access, or whatever we need to do. And that's why we're here asking for your direction. CX%ZR9f0MAN MAC'KTE: Commissioner Constantine? COMMIESTONER CONSTANTIxI. r understand the question aaatu&lly is one of financiag. There's some question as to whether or not that would be provided, if the easement question ramaine. is that an accurate -- MR. GOODLETTRi That is clearly a concern of the lender of your Hays' and Girls' Club project, yes. COMMI99IOMER COMSTANTUTE: I just want to be Careful. I don't mind if Mr. Arnold, it he's the appropriate -- Arnold wants to bring that up to county code and county taken over that portion, or do whatever we have to do. There was some discussion when we dealt with the Boys' and Girls' Club facilit as to Access and whether primary accesar would be from Westview or from Donna. And there are certainly representations made that that would be via westview, because we didn't want to have that traffic coming daily through a neighborhood, And as long as we still maintain that and make sure weirs helping out, as you Bay, a group that doss a ]not of good, then iet'p just give staff direction to work out the various options and bring it back to us. CHAIRwoKku KAC'KIB; Is that adequate direction for you, Kv. Kant? because that's certainly sufficient for -- MR. KANT, Edward Kant, transportation services director. There are Several -- the short answer to your question is yes. Unfortunately I have to ask for a little bit more -- give you a little more detail to get a little more detail. There may he -- and we have not dons an inspection of that existing roadway. But if there are deficiencies which may -- typically when somebody has to have a road dedicated to the county that was not previously a county maintained PAR* 19 ATTACHMENT NO. PAGE Z OF 3 Y j � E May 11, 1994 road, we do inspections to maedertaira whether or not it ham to have any deficiencies rectified. And typically that. is not a county expanse. Now, it is rW understanding that this roadway is owned is part by each of these property owners. 90 there is at this point no mechanism that I,rn aware of that would require these 13. 13 or however many 3ndividua.1 property o+ansrm between Airport Road and the western edge of this platted road to barn together to bring the road up to county standard. And so -- CHAIRWOMAN KXCIRMS: It may fall to the Girls] and Royal Club to fundraiee for that purpoae or ewomething, because -- CObI<M193TO= CONSTANTINE Or it may fall to Mr. , Arnold, who owns a number of theme properties, and it he wants to make that transaction happen -- MR. GOODLBTTE; Undarstand that westview Plaza, which is the 12 lots that are platted, which was Mr. Arnold and Mr. Vetter, are -- they do meet county standards~. We're now talking about that roadway tha►t,& not part of what is owned by Mr. Arnold, I believe, Commiasionor Constantine. CHANKOW KAC' RIB ; Talking about the 1,300 feet that has some numerous owners? MR. G00DL3TTE: That'e correct, yes. MR. FART: That's torreot, CHAIRWOKhN KACI8IE: So thane -- MR, RANT: But we will accept your direction to investigate what the issues are. 'He may have to come back to you on an interim basis to ask for future direction. COMKISSIONRR C=STANTIIM: I understand, Mr. Gocdlatte, the difference on who owns what, &ut my comment is just that those who stand to financially gain from this, might be worth their while to participate: in the improvement of that road, if that's part of the option. BUti certainly, the public shouldn't pay for that, if that's going to benolit Mr. Arnold aDd Mr. Vetter, MR, COODLETTB: rndeed, And there are a myriad of issues that we'd like to work through with your staff in terms of how it's going to be financed, what level it's going to be maintained by the county, and that's why we just heed to go forward, frankly. CHAiRWOMM MAC'KIE; And I think Mr, Kant haws sufficient direction to do that, And thank you for being here. Ite a 06ki PROGRISS RIVORT PRCii =3 COWUHN tSTW PLU STI► &nN AD ROC COlda2TT3L$ - XCCUPTID . UIZU DIU= !, OtTtON - 3PPROVZ13 . 111ICZAL WESTING TO BE $xLD bUkT 1E, 1990 11 RVIn POLICY Next, we will go to a progress re oxt from the comprehensive plan stsndardaa ad hoc committee, which I tlhluk is the rural fringe committee. Do I have that right? MR LORENZ.. Yee, For the record, Sill Lorenz, natural reaauraes director. That's- correct. This is the rural fringe CoMittaa that the board set up back on April 13th, what staff would like to do is to divide this three -part presentation. Firat, Marjorie. Student board on the timing and process with regard to the that we have to have. Page 20 up into baA3cally a needs to brief the DCA commitments ATTACHMENT NO. PAGE 3 OF 2 til er rs 0 a eo T. I' i I III e 0 W J Q V VJ a ul FE Lawyers' Abstract Service, Inc. 2670 Airport Road, South Naples, Florida 34112 -4895 Telephone (941) 774 -2627 Fax (941) 774 -1835 or 774 -0063 June 3, 1999 Collier County Government Real Property Division Cnty Government Bldg F 8`" Flr Naples, FI 34112 Attn: Kevin Hendricks Search No. 99 -3731 We have searched the Public Records of Collier County, Florida up to and including May 26, 1999 as to Deeds, Easements and Dedications pertaining to the Western half of {I'estview Drive lying and being in: The South '/ of the Northwest' /. of the Northwest'/ of Section 1, Township 50 South, Range 25 East, Collier County, Florida; S and find the following of record. Patent Deed recorded in Deed Book 3, Page 90 Deed recorded in Lee Deed Book 3, Page 211 Deed recorded in Lee Deed Book 24, Page 243 Deed recorded in Lee Deed Book 44, Page 220 Deed recorded in Deed Book 3, Page 435 Deed recorded in Lee Deed Book 3, Page 365 Deed recorded in Lee Deed Book 24, Page 388 Warranty Deed recorded in Lee Deed Book 17, Page 126 Release Deed recorded in Lee Deed Book 44, Page 596 Special Warranty Deed recorded in Deed Book 1, Page 12 Special Warranty Deed recorded in Deed Book 1, Page 106 Warranty Deed recorded in Deed Book 4, Page 144 Quit Claim Deed recorded in Deed Book 4, Page 573 Quit Claim Deed recorded in Deed Book 5, Page 268 Quit Claim Deed recorded in Deed Book 11, Page 447 Deed recorded in Deed Book 7, Page 69 Right -of -way Deed recorded in Deed Book 11, Page 56 Warranty Deed recorded in Deed Book 14, Page 61. Warranty Deed recorded in Deed Book 18, Page 108 Warranty Deed recorded in Deed Book 20, Page 269 ATTACHMENT NO. 3 PAGE / OF 4 Page 2 Deed recorded in Deed Book 31, Page 118 Warranty Deed recorded in Deed Book 33, Page 451 Warranty Deed recorded in Deed Book 49, Page 132 ' Warranty Deed recorded in Deed Book 49, Page 444 Warranty Deed recorded in Deed Book 54, Page 47 Warranty Deed recorded in O. R. 208, Page 581 Warranty Deed recorded in O. R. 208, Page 944 Warranty Deed recorded in O. R. 218, Page 804 Warranty Deed recorded in O. R. 230, Page 778 Warranty Deed recorded in O. R. 252, Page 756 Warranty Deed recorded in O. R. 266, Page 463 Warranty Deed recorded in O. R. 268, Page 15 I'arranty Deed recorded in O. R. 269, Page 555 Warranty Deed recorded in O. R. 291, Page 938 Agreement for Deed recorded in O. R. Book 300, Page 479 larranty Deed recorded in O. R. 309, Page 784 Warranty Deed recorded in O. R. 312, Page 165 Warranty Deed recorded in O. R. 341, Page 736 Warranty Deed recorded in O. R. 348, Page 923 Quit Claire Deed recorded in O. R. Book 361, Page 104 Warranty Deed recorded in O. R. 361, Page 105 Warranty Deed recorded in O. R. 371, Page 692 Warranty Deed recorded in O. R. 403, Page 496 Corrective Warranty Deed recorded in O. R. 429, Page 143 Warranty Deed recorded in O. R. 429, Page 145 Warranty Deed recorded in O. R. 446, Page 158 Warranty Deed recorded in O. R. 446, Page 250 Warranty Deed recorded in O. R. 495, Page 931 Warranty Deed recorded in O. R. 551, Page 777 Warranty Deed recorded in O. R. 566, Page 840 Warranty Deed recorded in O. R. 581, Page 526 Warranty Deed recorded in O. R. 583, Page 572 Warranty Deed recorded in O. R. 593, Page 1082 Warranty Deed recorded in O. R. 593, Page 1084 Warranty Deed recorded in O. R. 670, Page 813 Warranty Deed recorded in O. R. 670, Page 815 Warranty Deed recorded in O. R. 670, Page 817 Warranty Deed recorded in O. R. 679, Page 101 Easement recorded in O. R. Book 714, Page 1725 Fee Simple Deed recorded in O. R Book 752, Page 234 Warranty Deed recorded in O. R. 752, Page 239 Warranty Deed recorded in O. R. 796, Page 1423 Warranty Deed recorded in O. R. 854, Page 1592 . pAa 10) Ca�, ATTACHMENT N0. -3 PAGE OF 4`•;'° Page 3 Warranty Deed recorded in O. R. 873, Page 1727 Quit Claim Deed recorded in O. R. Book 885, Page 1556 Warranty Deed recorded in O. R. 885, Page 1658 Warranty Deed recorded in O. R. 975, Page 212 Warranty Deed recorded in O. R. 998, Page 1843 Quit Claim Deed recorded in O. R. Book 1001, Page 767 Warranty Deed recorded in O. R. Book 1008, Page 1694 Quit Claim Deed recorded in O. R. Book 1021, Page 689 Warranty Deed recorded in O. R. 1060, Page 2000 Warranty Deed recorded in O. R. 1074, Page 1487 Warranty Deed recorded in O. R. 1075, Page 556 Personal Representatives Deed recorded in O. R. Book 1079, Page 1615 Quit Claim Deed recorded in O. R. Book 1117, Page 175 Warranty Deed recorded in O. R. 1124, Page 1017 Warranty Deed recorded in O. R. 1127, Page 678 Easement recorded in O. R. Book 1154, Page 21 Quit Claim Deed recorded in O. R. Book 1176, Page 1500 Trustees Deed recorded in O. R. Book 1176, Page 1503 Warranty Deed recorded in O. R. 1176, Page 1505 Warranty Deed recorded in O. R. 1186, Page 1169 Warranty Deed recorded in O. R. 1194, Page 480 Corrective Warranty Deed recorded in O. R. 1197, Page 185 Warranty Deed recorded in O. R. 1203, Page 362 Quit Claim Deed recorded in O. R. Book 1233, Page 1246 Easement recorded in O. R. Book 1302, Page 1928 Quit Claim Deed recorded in O. R. Book 1316, Page 2345 Warranty Deed recorded in O. R. Book 1381, Page 2159 Quit Claim Deed recorded in O. R. Book 1398, Page 2191 Special Warranty Deed recorded in O. R. Book 1433, Page 1592 Corrective Special Warranty Deed recorded in O. R. Book 1444, Page 1816 Fee Simple Deed recorded in O. R. Book 1474, Page 1387 Easement recorded in O. R. Book 1708, Page 1443 Easement recorded in O. R. Book 1708, Page 1446 Easement recorded in O. R. Book 1708, Page 1449 Easement recorded in O. R. Book 1708, Page 1452 Warranty Deed recorded in O. R. 1713, Page 551 Warranty Deed recorded in O. R. 1713, Page 554 Warranty Deed recorded in O. R. 2027, Page 1684 Personal Representatives Deed recorded in O. R. Book 2058, Page 1976 ATTACHMENT NO..t v 4 I FQ.GE OF 4 kE j Page 4 Personal Representatives Deed recorded in O. R. Book 2199, Page 1447 Warranty Deed recorded in O. R. 2233, Page 1450 Quit Claim Deed recorded in O. R. Book 2289, Page 1002 Warranty Deed recorded in O. R. 2294, Page 1812 Warranty Deed recorded in O. R. 2364, Page 1553 Warranty Deed recorded in O. R. 2496, Page 1532 Copies attached. Sin cerely, LA WYERS' ABSTRACT SER VICE, INC. Authorized Signature DL/mg ATTACHMENT N0. PAGE OF A, EXECUTIVE SUMMARY Approval for an Increase In Purchase Order 805157 to Surety Construction Company in the Amount of $6,134.72 for Completion of Maintenance Building Construction. OBJECTIVE: That the Board of County Commissioners, as Ex- Officio the Governing Board of Collier County Water -Sewer District approve an increase in purchase order 805157 to Surety Construction Company in the amount of $6,134.72 for completion of Maintenance Building construction. CONSIDERATION: In that Surety Construction Company is completing the Maintenance Building construction under the annual contract for construction services (97- 2763), and that this change order will increase the purchase order total over the $200,000 limit, approval is being requested to exceed this limit. The changes being requested, installation of workbenches and soil pretreatment, were not explicitly mentioned in the specifications but are required for completion of the project. FISCAL IMPACT: The fiscal impact of this request is in the increase of Purchase Order 805157 in the amount of $6,134.72. Fund are available in the Water Capital Fund - Water Capital Projects - Maintenance Building Project. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners, as Ex- Officio the Governing Board of Collier County Water -Sewer District approve an increase in purchase order 805157 to Surety Construction Company in the amount of $6,134.72 for completion of Maintenance Building construction. SUBMITTED BY: ­�_::) • Date: 4° /S, (S, Bobb Reeder - Facilities Superintendent 7 REVIEWED BY Date: 6 Paul M #ausch - Water Director REVIEWED BY:� �l_�� `` Date: Steve C ell --Purchasing Director APPROVED BY: Date: Ed Ilschner - Public Works Admi istrator JUN i PG. 06/10/1999 09:52 9417320844 06/01/99 14:46 FAX 9417753310 May to 93 10:050 NCP FRUM : COL-110 COUWY M5104 AL LRTER PKM SM : PURCHASING (9#1)262-1316 MNV- 29 1999 08;5W P2 PAGE 02 Q02 COLLIER COUNTY WORKS ChLkxGz ORDOL -707- TO: =; MM"MiNi SMpany WW-- F-Wi7coanty *Vjj tm�rat 2844) S. Tamlarni Tr. 3301 E&3f Tent THUL OL"I'V e FA 3' 14 Bonita SpfiM. Fl. 34134 Naples. I'landa 341121 Pmjeo Nam= SCRWT? - Maim araace llaildirV Corztn"anAjM9M8V&Dead: 91I V96 Hid No.: chmp oniw No.; 2 D6L%-. 5/27M Ch&W Order DC30*i-lin'. WWAJIMOM"and stweid"I doco"ualim for (60 dfivac.) Two workbew1m with W support x&a;tur4;, 36" deep. I- I Ir 064. Office am "V sbqxd tabic-sop with support lava, bA*mm ftniA Ae@W& Soil 2!eparatian. Otig" agMen"M arts UM ....... ..... .......... ....... ................... . ........ Sum afpvviow chaqe orders armor ..... ..................................... 3 This Chanp Orda ^rnoot [add') (delewl ....... A&vL-cdAg#-emwm.4orft . .................. .. ........ .. .. ... .. .. ....... ....... S20S.543-AS S EUW 060PA conlrw time in calendar dap ... ... 120 AAjunW number of calendar days due w pmmw dwage orders 0 This change ardo t4oved fim is .— . ............... . ... . ......................... 45 kev&ifd Camiracl Time in calendar 40o .......... 165 0rW.v1 Morita w Proceed dm .... .... ........... NIA CompWrion due band on or*IzW Ponirw time ......................,,N /A Revbtd COM/efion dM .......... .......... .. ....... . .... . ................ . MIA (Contract tirme Is based ov 120 days from approvaL ofshop drawiap) Your wceptsho of Wir dwqe oidat shall coazdMur a raodificafion to mm Agagmem and wW be perfienned WOO to all TIM nm lam and conditions as conmW in our Apreammi *nikested above, As full} as if the sow *M nVeMed ill this =ccpta=. The adjusa mmt. if any, to thit Agreement iball ecru ftle a fizIL WW Anal sad=m otany and all cl*w of dw Contractor wisiAS out of, of P*IW*d to. the change w AR%h hartim iac olabw for intpw "d dewy costs. Prspared and I t�� - Recommumded b3: Accepted by. ^pp1VVL4 **d Ault orhmd by Cror use by Ov4w. rarst.412 Cog CANW273511 06)w Co&;M I" Ppvjgd N*.:70036) G,.%Fa*mekC%mv Order MwwAoc RcvWd 020094 )'J 7 1 T - .1 1. ; 7— -- - -7 JUN EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR PHASE II OF THE PROFESSIONAL SERVICES AGREEMENT WITH AGNOLI, BARBER AND BRUNDAGE , INC. FOR THE DESIGN OF LIVINGSTON ROAD FROM PINE RIDGE ROAD TO VANDERBILT BEACH ROAD (Project No. 62071, CIE No. 58). OBJECTIVE: Obtain Board approval of a Budget Amendment for Phase II of the Professional Services Agreement with Agnoli, Barber and Brundage, Inc. for the design of Livingston Road from Pine Ridge Road to Vanderbilt Beach Road. CONSIDERATIONS: On June 8, 1999 the Board approved the Professional Services Agreement for the design of Livingston Road, Phases I and II (Golden Gate Parkway to Pine Ridge Road and Pine Ridge Road to Vanderbilt Beach Road, respectively) under Agenda Item 16(B)(6). A Budget Amendment is needed to move funds from reserves in order to cover insufficient funds in Phase II - Project # 62071. The Board approved $456,491.00 for this Phase of the Professional Services Agreement. There is $100,000 available in FY99 for Engineering Fees. A Budget Amendment in the amount of $356,491 is needed to open the purchase order for these services. FISCAL IMPACT: There is currently $100,000 budgeted in the Road Construction Gas Tax fund for design in the Livingston Road Project from Pine Ridge Road to Vanderbilt Beach Road, Project No. 62071. A budget amendment is needed to transfer $356,491 from Road Construction Gas Taxes Reserves to the above project. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 58 is consistent with the Transportation Sub - Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the necessary Budget Amendment. SUBMITTED BY: , Richard Hellriegel, P.E. P.W.E.D. Senior Project Manager REVIEWED BY: Z ,�,� A � Q Jeff Bibby, P.E. P.W.E.D. Director Date: 26f' Date: JUN 2 2 1999 pg• I Executive Summary Page 2 (� REVIEWED BY: Edward J. Kant, P.E. Transportation Services Director APPROVED BY: Ed Ilschner Public Works Administrator Date: G. -(1 -9-� Date: � —//-19 Nn JUG E PG. a EXECUTIVE SUMMARY SIGNATURE OF BCC CHAIRWOMAN ON CONTRACT ADDENDUM WITH DATA RESEARCH ASSOCIATES, INC. OBJECTIVE: Signature of the BCC Chairwoman on a contract addendum with the Library's automation vendor Data Research Associates, Inc. (DRA) CONSIDERATIONS: The Library has been automated with an integrated library automa- tion system from DRA since 1992. We contract with DRA for hardware and software mainte- nance support. DRA has established a secure Web site to provide enhanced access to software downloads, online documentation and the help desk. Because of the significant amount of proprietary information contained on this Web site (Customer. DRA.com) the County is required to sign a contract amendment, before Collier County Public Library is granted access to this Web site. The County has already agreed to nondisclosure of proprietary information about the DRA automation system, on behalf of the Library, when the original contract was signed in 1992. Most library automation systems require customers to sign nondisclosure agreements. This DRA initiative has a great potential in improved information access for Collier County �--T'ublic Library. FISCAL IMPACT: There is no initial charge for access to this customer service Web site. If an access fee is charged, Library Staff will evaluate the costs and value of the Web site before subscribing. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Recommend the BCC Chairwoman be authorized to sign the `Addendum to Agreenent for Software Support, Maintenance and Update Service or Customer Support Services and Software Maintenance and Enhancements Agreement' . Prepared by: �62 ti DATE: - - arilyn Ma hes, Assistant Library Director Reviewed and Approved by: L j DATE: —3 -q9 J n W. ones, Libr Director Reviewed and ,,,Approved b . DATE:. �Z Thomas W. 011iff, is Services Administrator Agenda UeP No._Jc� =f-I JUN L i;,�g Addendum to: Agreement for Software Support, Maintenance and Update Service or Customer Support Services and Software Maintenance and Enhancements Agreement This Addendum ( "Addendum ") dated this day of , to that certain Agreement for Software Support, Maintenance and Update Service or Customer Support Services and Software Maintenance and Enhancements Agreement, as amended, between ( "Customer "), and Data Research Associates, Inc. ( "DRA "), is for the purpose of providing Customer with additional information and services, in accordance with the terms herein. WHEREAS, DRA and Customer are parties to a License Agreement, as amended ( "Agreement "), and Agreement for Software Support, Maintenance and Update Service or Customer Support Services and Software Maintenance and Enhancements Agreement, as amended by the parties from time -to -time (hereafter "Support Agreement "); and WHEREAS, DRA desires to make available to Customer certain optional services and information as determined by DRA, under the terms and conditions specified under the Agreement, the Support Agreement, and the terms herein; THEREFORE, in consideration of the mutual covenants hcrein, and for other good and valuable consideration, the undersigned parties hereby agree to the following additions to the Support Agreement: DRA is establishing a site available on the Internet solely for the benefit of licensed customers of DRA's software (tile "Site "), for the purpose of providing information, education and communication between DRA and designated contacts at Customer's site. Customer's access to and use of the Site is subject to the following terms and conditions ( "Terms and Conditions "), all agreements in effect with DRA, and all applicable laws. By accessing and browsing the Site, Customer accepts without limitation or qualification, the Terms and Conditions. Failure to comply with the Terns and Conditions, or any other abuse of the Site, will result in the termination of access to the Site, and such other legal remedies available. Terms and Conditions: This Site is being provided to DRA customers under the Support Agreement, initially without the requirement for payment of any additional fees. DRA reserves all rights concerning the availability of the Site, including but not limited to the right to charge additional fees, to enhance, modify, or delete, content and services provided at the Site; to dismantle the Site in part or in its entirety; and to limit access to the Site and availability of materials in accordance with the Agreement and Support Agreement. Except for changes required to maintain the security or integrity of the Site, DRA will notify Customer of any major policy changes concerning the Site by sending written notice to Customer at least ten (10) business days prior to making such major changes. Unless Customer notifies DRA of their objection to such changes, Customer agrees to be bound by any such modifications, or in the alternative, shall cease all use of the Site. Access to the Site is permitted only by use of a Password issued to each of Customer's designated contacts, as specified under the Support Agreement, as may be periodically amended. Passwords are to be kept private, and not shared among Customer's employees and/or the designated contacts. In the event that a designated contact ceases to be employed by Customer, or ceases to be a designated contact of Customer for any other reason, Customer must notify DRA within five (5) business days of such change. Customer will continue to be responsible for all acts, uses, misuses and abuses of the Site by the designated contact unless and until Customer advises DRA that such contact is no longer an authorized contact. 3. Customer may download material displayed on the Site for use in accordance with the provisions stated herein and in any applicable license agreements, provided that Customer retains all copyright and other proprietary notices contained on the materials. Customer may not however, distribute, modify, transmit, reuse, re -post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without DRA's written permission. Everything on the Site is copyrighted unless otherwise noted, and may only be used as provided in the Agreement, the Support Agreement, these Terms and Conditions or in the text on the Site. Agenda t No._ Jj u N 2 1999 4. Software and documentation which may be available from this Site is provided in accordance with the license terms of the Agreement and Support Agreement. Customer shall not download or use any software or documentation for which it has not been granted a license. 5. While DRA uses reasonable efforts to include accurate and up to date information on the Site, DRA makes no warranties or representations as to its accuracy. DRA assumes no liability or responsibility for any errors or omissions in the content of the Site. 6. DRA may from time to time monitor or review Customer's postings, transmissions, bulletin boards, and the like on the Site, however, DRA is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions; nor for any error, defamation, libel, slander, omission, falsehood, obscenity, or inaccuracy contained in any information posted to the Site by any customer. Customer is prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. DRA will fully cooperate with any law enforcement authorities or court order requesting or directing DRA to disclose the identity of anyone posting any such information or materials. 7. Customer's use of and browsing on the Site are at Customer's own risk. DRA assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, Customer's computer equipment or other property oil account of access to, use of, or browsing in the Site or Customer's downloading of any materials, data, text, images, video, or audio from the Site. 8. The Site may from time to time contain links to other Internet sites of DRA's vendors, customers, and independent groups such as standards organizations. DRA prov;des these links as an informational service only. DRA has no control over the timeliness and accuracy of the content on third -party sites, which are solely the responsibilities of those sites' owners. 9. 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Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of DRA or such third party that may own the Trademarks displayed on the Site. Misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. 11. DRA may at any time make changes required to maintain the security or integrity of the Site. DRA will notify Customer of any other major policy changes concerning the Site by sending written notice to Customer at least ten (10) business days prior to making such major changes. Unless Customer notifies DRA of their objection to such changes, Customer agrees to be bound by any such modifications, or in the alternative, shall cease all use of the Site. 12. The undersigned hereby represents that he /she has the authority to bind the Customer herein, and agrees to enforce the Terms and Conditions. Failure to properly use the Site or to enforce the Terms and Conditions will at DRA's sole determination, result in termination of access to the Site by Customer. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DATA RESEARCH ASSOCIATES, INC. meta S. Mac'Kie, Chairwoman By: Approve as to form and legal sufficiency: ATTEST : Dwight E. Brock, Clerk Thoma C. Palmer Assistant County Attorney Michael J. Mellinger President and CEO Agenda t m No. JUN 2 2 1999 EXECUTIVE SUMMARY APPROVE THE TRANSFER OF COUNTY PROPERTY TO THE GUADALUPE CENTER IN IMMOKALEE. Objective: That the Board of County Commissioners approve the transfer of a double wide trailer owned by the Parks and Recreation Department to the Guadalupe Center in Immokalee. Considerations: The Parks and Recreation Department owns a double wide trailer at South Immokalee Park. This trailer has been vandalized and the County has no interest in refurbishing the unit. Removal of the trailer would provide more visibility into the playground area, increasing park patron safety. The Guadalupe Center has expressed an interest in obtaining this trailer. (Letter attached). The trailer would be removed from the park by the Guadalupe Center at no cost to the County. Growth Management: None Fiscal Impact: None Recommendation: Staff recommends that the Board approve the transfer of the trailer to the Guadalupe Center. r Prepared by: Date: Murdo Smith, Recreation Manager Department of Parks and Recreation Reviewed and Approved by: f / ng',n Date: Marla Ramsey, Director Department of Parks and Recreation Reviewed and Approved by: u� /' b7 �! � , �, �� � � Date: Steve Carnell, Director Department of Purchasing Reviewed and Approved by: Date: (0.L- q�^ Thomas W. 0llifF,—A-7qVstrator Division of Public Services Agenda ert No. JUN 2 1 1999 P9• w Guadalupe CenterAn agency serving the poor of Immokalee P.O. Box 1053 • 211 ,South Ninth Street • Immokalee, Florida 34143 -1053 (941) 657 -4361 • Fax (941) 657 -6816 May 13, 1999 Collier County Parks and Recreation attn: Annie Popalardo, Immokalee Supervisor 310 Alucha Street Immokalee, Fl. 34142 Dear Annie, Thank you for informing Guadalupe Center of the possibility of obtaining a double -wide trailer from the county. The trailer, located at the old Immokalee Child Care site was examined by myself, the Director of our Family Center, and our General Contractor who is helping us enlarge our Center so --� more children can be enrolled. The trailer would need a great deal of work and I know that Parks and Rec. are planning to get rid of it or "scrap it ". Please let me know if it is acceptable with the county that Guadalupe Center takes the double -wide trailer off your hands. If you have any contacts to help us move it off the property, please let me know. Also, please inform us as to the time frame for removal. Sincerely, Sr. Judy Dohner, Executive Director Age=.21 No. J U N 2 Z 1999 P9. a MA-3140M NUT 0_u:' A ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF FEE SIMPLE TITLE INTERESTS FOR PROPERTIES ADJACENT TO THE EXISTING LANDFILL IN TOWNSHIP 49S, RANGE 26E, SECTION 25 FOR A PUBLIC RECREATIONAL PURPOSES. OBJECTIVE: To obtain authorization from the Board of County Commissioners (the "Board "), to acquire by gift or purchase of fee simple title interests for properties located in Township 49S, Range 26E, Section 25 for public recreational purposes. CONSIDERATION: On April 28, 1992, the Board adopted Resolution No. 92 -253 authorizing the purchase of vacant properties contiguous to the existing County Landfill. On November 3, 1998, the Board directed staff to pursue acquisition of additional parcels in Section 25, contiguous to the existing County Landfill to complete the 360 acres that was previously approved for public purpose. Purchase of these parcels will allow for the uninterrupted development of and a significantly improved design for a public golf course, and/or "action sports park". Staff has reviewed alternative locations, environmental factors, cost variable, safety and welfare consideration as they relate to public purpose and the Board finds that the most feasible location for the purchase of land is being more particularly described in Exhibit "A" of the attached Resolution. FISCAL IMPACT: Estimated cost to purchase the seven (7) parcels of land required to complete the 360 acres is $310,322. This includes all operating expenses such as title policies, appraisal fees and staff time. Funding for the acquisitions is recommended to be the Solid Waste Fund. As this is the funding source that was used to purchase all of the initial parcels, this will allow for a single fund to be repaid should the property ultimately be used for recreational purposes. A Budget Amendment is needed to transfer $310,322 from Reserves: From: Fund: 470 - Solid Waste Cost Center: 919010 - Reserves Object Code: 993000 - Reserve for Capital Outlay To: Fund: 470 - Solid Waste Cost Center: 173410 - Solid Waste Administration Object Code: 761100 - Land Project Number: 59019 - Surplus Land Acquisition GROWTH MANAGEMENT IMPACT• As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan. Agenda I No. --AP pg. -I _- Page 2 Executive Summary- Public Recreational Purposes (1) Adopt the attached Resolution authorizing the acquisition by gift or purchase of fee simple title interests for properties located in Township 49S, Range 26E, Section 25 for public recreational purposes. (2) Authorize the Chairman to execute the attached Resolution. (3) Approve the necessary Budget Amendment PREPARED BY: Wilma Iverson, Senior Specialist Real Property Management Department REVIEWED BY: Dave Russell, Director Solid Waste Department DATE: DATE: APPROVED BY: DATE S-Zo �q 1 Tom 011iff, Administ r Public Services Division k��e� as en 1 rte N�. k JUN 2 1995 """"�, I RESOLUTION NO. 99- 2 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR 3 PURCHASE OF FEE SIMPLE TITLE INTERESTS FOR PROPERTIES LOCATED IN a TOWNSHIP 49S, RANGE 26E, SECTION 25 FOR PUBLIC RECREATIONAL 5 PURPOSES. 6 WHEREAS, the Board of County Commissioners ( "Board "), on August 7, 1990 authorized 7 staff to acquire properties that were contiguous to the existing County Landfill; and 8 WHEREAS, the Board, on April 28, 1992, adopted Resolution 92 -253 authorizing the 9 purchase of vacant properties contiguous to the existing County Landfill; and 40 WHEREAS, the Board previously approved, for public purpose, the purchase of 360 acres of 11 vacant property in Section 25, Township 49S, Range 26E; and 12 WHEREAS, the Board, on November 3, 1998, directed staff to pursue acquisition of additional 13 parcels in Section 25, contiguous to the existing County Landfill to complete the 360 acres that was 14 previously approved for recreational purposes; and 15 WHEREAS, the continued pursuit of property for public recreational purposes is a component 16 part of the County's Comprehensive Plan; and 17 WHEREAS, alternate locations, environmental factors, long range planning, cost variables, I8 concurrence, safety and welfare considerations have been reviewed as they relate to the implementation 19 of said public recreational purposes such as a public golf course and other recreational facilities; and 20 it has been recommended by County Staff that it is necessary and in the best interest of Collier County, 21 Florida, to maintain flexibility over the acquisition of property rights required for vacant land for 22 public recreational purposes, hereinafter referred to as "Project" as identified on Exhibit "A" attached 23 hereto and incorporated herein by reference; and 24 WHEREAS, acquiring vacant property for public recreational purposes has been determined by 25 the Board to be necessary and in the best interest of Collier County in order to protect the health, safety 26 and welfare of the citizens of Collier County, and will assist Collier County in meeting certain 27 concurrency requirements of the Growth Management Plan for Collier County. 28 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 29 COLLIER COUNTY, FLORIDA, that: .. 1401 „l S Jr, 1 1. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final adopted location of the purchase of vacant property for public recreational 3 purposes. 4 2. The purchase of vacant properties by fee simple title interests identified on Exhibit "A" is 5 necessary for public purpose, is in the best interest of Collier County, and is the most feasible location, 6 in order for the County to accumulate properties contiguous with the presently County -owned property. 7 3. The purchase of the property is compatible with the long range planning goals and objectives of 8 the Growth Management Plan for Collier County. 9 4. It is necessary and in the best interest of Collier County for the Board to acquire vacant 10 properties by fee simple title interests, identified in Exhibit "A "; and County Staff is hereby authorized I 1 and directed to acquire by gift or purchase, fee simple title interests, on the properties identified in 12 Exhibit "A ". 13 5. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the 14 appraisal firm(s) selected from the list of firms pre - qualified by the Board of County Commissioners. — The Board further directs staff to use appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost - effective manner. 17 6. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby 18 formally waives the requirement for a formal, independent appraisal report for the purchase of a 19 property where the purchase price of the parcel (the compensation due to the property owner) is less 20 than One Hundred Thousand and 00 /100 Dollars (5100,000.00). In lieu of the independent appraisal 21 report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of 22 which shall be predicated on —staff compensation estimates" based upon independent appraisals (and 23 the data therefrom) obtained on similar properties and upon consideration and application of 24 appropriate market value and cost data pertinent to the subject parcels. 25 7. Upon the approval by the County Attorney's Office of all documents necessary for the subject 26 property acquisition, Real Property Management Department staff is hereby directed to offer 27 immediate delivery to the respective property owners of the full compensation (as established by the 28 appraisal or staff compensation estimates in accordance with the provisions of Chapter 125.355, Florida Statutes), in return for the immediate and proper execution of the deeds and such other legal 30 documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the 1 1999 I interests of the County; and the Board hereby authorizes its present Chaiitnun and any subsequent 2 Chairman, for the life of the Project, to execute any instruments which have been approved by the 3 Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose 4 as may be required for the acquired fee simple title interests. 5 8. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" 6 mechanism, the Public Works Administrator, or his designee, is charged with the responsibility for 7 completion of various public facilities, and is hereby delegated the authority to approve the purchase of 8 land interests above the staff compensation estimate or appraised value and pay normally related costs 9 when it is in the best interest of the Project, within the pro -rata share of the land rights acquisition to budget for the parcel being acquired, only when the difference between the purchase price and 11 compensation estimate or appraised value is less than Fifteen Thousand and 00/100 Dollars 12 (515,000.00) or the current purchasing limits established by the Collier County Purchasing 13 Department; provided, Project funding is available. 14 9. That the settlement approval authority is delegated by the Board to the extent that such 15 approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 16 10. The Chairman of the Board is hereby authorized to execute Purchase Agreements where the 17 land owner has agreed to sell the required land rights to the County at its appraised value or at that 18 amount considered the "Administrative Settlement Amount" as such term is internally used by the 19 administrative agencies of Collier County. 20 11. Where the property owner agrees, by "Purchase Agreement ", to convey a necessary interest in 21 real property to the County, and upon the proper execution by the property owner of those fee simple 22 title interests, and such other legal documents as the Office of the County Attorney may require, the 23 Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of 24 record, in those amounts as shall be specified on a closing statement and which shall be based upon the 25 appraisal or staff compensation estimate in accordance with this Resolution and the provisions of 26 Section 125.355, Florida Statutes. 27 12. All title to properties or interests in properties which have been obtained in the manner 28 described above shall be deemed "accepted" by the Board of County Commissioners, as the governing 29 body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is 30 hereby authorized to record in the Public Records of Collier County, Florida, said fee simple title 1 t I interests and such other instruments as may be required to remove the lien of any encumbrance from the acquired properties. 3 THIS RESOLUTION ADOPTED on this day of 19_, after motion, second 4 and majority vote. 5 BOARD OF COUNTY COMMISSIONERS OF 6 COLLIER COUNTY, FLORIDA 7 ATTEST: 8 DWIGHT E. BROCK, CLERK 9 By: 10 Pamela S. Mac'Kie, Chainvoman 11 12 Clerk- 13 14 Approved as to form and legal sufficiency: I L 17 18 Heidi F. Ashton 19 Assistant County Attorney 20 21 22 23 24 25 26 27 28 I m .t U N Tax Parcel 10.2 EXHIBIT "A" The Northwest '/4 of the Northwest '/a of the Southwest '/a of Section 25, Township 49 South, Range 26 East, Collier County, Florida. JUN 19 9 S Tax Parcel 11 EXHIBIT "A" The East '/z of the Northwest '/4 of the Northeast '/a of the Southwest '/4 of Section 25, Township 49 South, Range 26 East, excepting the North 30 feet which is reserved for County roadway; 5 acres more or less. A e; f ��' JUN 2 2 �19q Tax Parcel 16.1 EXHIBIT "A" The West %2 of the South '/z of the Southeast '/a of the Southwest' /4 of Section 25, Township 49 South, Range 26 East, Collier County, Florida, being 10 acres, more or less. F Tax Parcel 40 EXHIBIT "A" The Southwest' /4 of the Southeast' /4 of the Northwest' /4 of the Southeast 1/4, Section 25, Township 49 South, Range 26 East, Collier County, Florida. �a j e 4 Tax Parcel 41 EXHIBIT "A" The North'' /2 of the Southeast 1/4 of the Northwest' /4 of the Southeast'' /4 of Section 25, Township 49 South, Range 26 East, Subject to an easement for road over the South 30 feet thereof, in Collier County, Florida. J V Tax Parcel 42 EXHIBIT "A" The Southeast 1/4 of the Southeast' /4 of the Northwest' /4 of the Southeast 1/4, of Section 25, Township 49 South, Range 26 East, Collier County, Florida, with the North 30' subject to road and utility easement. s A r ; ) Tax Parcel 55 EXHIBIT "A" The Northeast' /4 of the Southwest' /4 of the Southwest 11/4 of Southeast' /4 of Section 25, Township 49 South, Range 26 East, Collier County, Florida. Subject to access and utility easements over the Westerly 30 feet. JINN 2 [ 19 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO MEET AN UNANTICIPATED BUDGET SHORTFALL IN THE SOCIAL SERVICES DEPARTMENT OBJECTIVE: Provide for additional funding to meet the unanticipated cost of indigent clients requiring out -of- county hospital care. CONSIDERATION: In 1988 The Health Care Responsibility Act, (HCRA) Florida Statute 154.308, was enacted. This state mandate requires that hospital costs incurred by indigent patients receiving medical care at an out -of- county hospital are the financial responsibility of the patient's county of residence. Since hospitals, in the past, have not always pursued payment from the patients home county, only a limited amount of funding has been budgeted. The total obligation required by law in $4.00 per capita, ($800,000 this year for Collier County). This years budgeted amount of $45,000 has been totally expended. It is anticipated that $40,000 from General Fund reserves will be needed to pay costs for the remainder of the year. There are no other funds available. If counties refuse to pay for eligible patients, the state may withhold sales, tobacco and/or gasoline taxes dollars from counties in order to pay hospitals. FISCAL IMPACT: $40,000 in additional funding is being requested from General Fund Reserves to meet an unanticipated shortfall in budgeted expenditures for HCRA. GROWTH MANAGEMENT IMPACT: None. This action has no growth management impact. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve a budget amendment in the amount of $40,000 to meet an unanticipated shortfall in the Social Services Department, HCRA budget. Submitted By: Date: '$ art ha L. Skinner, Social Services Director Reviewed and Approved By: A Date: Thomas W. 011i , u Services Administrator Age d tbj r• 0 BUDGET AMENDMENT REQUEST GENERAL FUND 001 FUND TITLE FUND NO. DATE PREPARED: 06/02/99 FOR BUDGET /FINANCE USE ONLY BAN JEN BARN A.P.H. DATE TO BCC YES NO PREVIOUSLY APPROVED, BCC AGENDA DATE: 06122199 ITEM NO. 16 C (ATTACH EXECUTIVE SUMMARY) EXPENSE BUDGET DETAIL EXPENDITURE TITLE (DECREASE) HEALTH CARE RESPONSIBILITY 155940 HEALTH CARE RESPONSIBILITY COST CENTER TITLE COST CENTER NO. PROJECT TITLE PROJECT NO EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 634112 HOSPITALIZATION -IN- PATIENT $40,000 $40,000 $80,000 RESERVES COST CENTER TITLE EXPENDITURE OBJECT CODE 991000 TOTAL $40,000 919010 COST CENTER NO. PROJECT TITLE INCREASE EXPENDITURE TITLE (DECREASE) RESERVE FOR CONTINGENCY ($40,000) TOTAL ($40,000) REVENUE BUDGET DETAIL COST CENTER TITLE COST CENTER NO. REVENUE OBJECT CODE REVENUE TITLE of 2 TOTAL PROJECT TITLE INCREASE (DECREASE) PROJECT NO $5,301,867 $5,261,867 PROJECT NO iliN 2. FYPI ANATIrM WHY FUNDS ARE NEEDED: Additional funding is needed to meet an unanticipated shortfall of $40,000 incurred by County indigent clients accessing out -of- county hospital care. The County's obligation of this state mandated program is up to $4.00 per capita per year. WHERE ARE FUNDS AVAILABLE: A request in the amount of $40,000 is needed from General Fund Reserves. REVIEW PROCESS CLERK OF BOARD ADMIN. INPUT BY BA NO FORM NO CC004 ; C,._ f 10/1/90 2 Of 2 t a; DATE: COST CENTER DIRECTOR: tg `1 N DIVISION ADMINISTRATOR: BUDGET DEPARTMENT: AGENCY MANAGER. FINANCE DEPARTMENT: CLERK OF BOARD ADMIN. INPUT BY BA NO FORM NO CC004 ; C,._ f 10/1/90 2 Of 2 t a; EXECUTIVE SUMMARY APPROVE THE HOME CARE FOR THE ELDERLY CONTINUATION GRANT AND AUTHORIZE THE CHAIRWOMAN TO SIGN THE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B /A SENIOR SOLUTIONS FOR SOUTHWEST FLORIDA OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: For the past 3 1/2 years, Collier County Services for Seniors has been providing in -home support services to Collier County's frail elderly through this state funded program. This continuation grant in the amount of $131,013 for the period July 1, 1999 through June 30, 2000 will provide in -home support services through the encouragement and management of family -type living arrangements in private homes as an alternative to costly and permanent nursing home care. The majority of these clients would be unable to remain in their homes without this help. The grant requires no local matching funds. GROWTH MANAGEMENT: There is no growth management impact from this recommendation FISCAL IMPACT: The total grant amount of $131,013 is funded from the State of Florida grants and aids appropriation administered by Area Agency on Aging for Southwest Florida, Inc. d/b /a Senior Solutions for Southwest Florida. Of the total grant award, $29,440 will require a budget amendment to recognize the direct funding portion to the County for administration and case management. The remaining $101,573 will be retained by Senior Solutions who contracts with service providers to pay for direct services authorized by Collier County Services for Seniors. This grant requires no local cash matching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Home Care for the Elderly grant and authorize the Chairwoman to sign the contract and approve the necessary budget amendment. The contract has been reviewed and approved by the County Attorney. Jet cCC� Date: Prepared By: J" John F rrell, Services for Seniors Accounting Technician Reviewed and ^ Approved by: Date: anci E. Lochner, Services for Seniors Program Manager Reviewed and Approved by: Date: _ (�Qtkoa, Marth kinner, Social Services Director Reviewed and Approved by: + ' _ Date: Thomas W. Olh Services Administrator ApendaI(e1�� _ BUDGET AMENDMENT REQUEST COLLIER COUNTY - SERVICES FOR SENIORS 123 FUND TITLE FUND NO. DATE PREPARED: 06/09/99 PREVIOUSLY APPROVED, BCC AGENDA DATE: 6122199 FOR BUDGET /FINANCE USE ONLY BAM JEN BAR#F A. P.H. DATE TO BCC YES NO ITEM NO. 16 C (ATTACH EXECUTNE SUMMARY) EXPENSE BUDGET DETAIL HOME CARE FOR THE ELDERLY 711199 - 6130100 155980 HOME CARE FOR THE ELDERLY 7111994130100 33080 COST CENTER TITLE COST CENTER NO. PROJECT TITLE CURRENT PROJECT NO EXPENDITURE BUDGET INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 512100 REGULAR SALARIES $20,725.00 $0.00 $20,725.00 513100 OTHER SALARIES & WAGES $0.00 $0.00 $0.00 514100 OVERTIME $0.00 $0.00 $0.00 521100 SOCIAL SECURITY - MATCH $1,555.00 $0.00 $1,555.00 ME CARE FOR THE ELDERLY 711199- 6130100 155980 -ST CENTER TITLE COST CENTER NO. EXPENDITURE OBJECT CODE 522100 523150 523160 EXPENDITURE TITLE RETIREMENT - REGULAR HEALTH INSURANCE LIFE INSURANCE 524100 WORKER'S COMPENSATION HOME CARE FOR THE ELDERLY 7/l/99-6/30/00 33080 PROJECT TITLE PROJECT NO PROJECT NO INCREASE CURRENT REVISED (DECREASE) BUDGET BUDGET $3,658.00 $0.00 $3,658.00 $1,579.00 $0.00 $1,579.00 $37.00 $0.00 $37.00 $81.00 $0.00 $81.00 REVENUE BUDGET DETAIL COST CENTER TITLE COST CENTER NO. PROJECT TITLE PROJECT NO REVENUE INCREASE CURRENT REVISED OBJECT CODE REVENUE TITLE (DECREASE) BUDGET BUDGET 3 TOTAL Agin t NO. J U N 1 1 1999 Pg.--A- BUDGET AMENDMENT REQUEST COLLIER COUNTY - SERVICES FOR SENIORS 123 FUND TITLE FUND NO. DATE PREPARED: 06 /09/99 PREVIOUSLY APPROVED, BCC AGENDA DATE: 6/22/99 FOR BUDGET /FINANCE USE ONLY BA* JE# BAR# .P.H, DATE TO BCC YES NO ITEM NO. 16 C (ATTACH EXECUTIVE SUMMARY) 33080 PROJECT NO REVISED BUDGET $725.00 $200.00 $45.00 $510.00 33080 REVISED BUDGET $55.00 $55.00 $165.00 $50.00 33080 PROJECT NO REVISED $29,440.00 Agenda t % No.1 JUN 2 2 �Qgg P 4 .='.3—_ EXPENSE BUDGET DETAIL HOME CARE FOR THE ELDERLY 711199- 6130100 155980 HOME CARE FOR THE ELDERLY 7/1/99- 6130100 COST CENTER TITLE COST CENTER NO. PROJECT TITLE EXPENDITURE INCREASE CURRENT OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET 640200 MILEAGE REIMBURSEMENT - REG $725.00 $0.00 640300 OUT -OF- COUNTY TRAVEL $200.00 $0.00 641210 FAX CHARGES $45.00 $0.00 641900 TELEPHONE ALLOCATED $510.00 $0.00 HOME CARE FOR THE ELDERLY 7 /1199- 6130/00 155980 HOME CARE FOR THE ELDERLY 7 /1/99 - 6130100 COST CENTER TITLE COST CENTER NO. PROJECT TITLE EXPENDITURE INCREASE CURRENT OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET 641950 POSTAGE & FREIGHT $55.00 $0.00 646710 OFFICE EQUIP R&M $55.00 $0.00 651110 OFFICE SUPPLIES $165.00 $0.00 654360 OTHER TRAINING /EDUCATIONAL $50.00 $0.00 TOTAL $29,440.00 _REVENUE BUDGET DETAIL HOME CARE FOR THE ELDERLY 711199. 6130100 155980 HOME CARE FOR THE ELDERLY 711199- 6130100 COST CENTER TITLE COST CENTER NO. PROJECT TITLE REVENUE INCREASE CURRENT OBJECT CODE REVENUE TITLE (DECREASE) BUDGET 331673 HOME CARE FOR THE ELDERLY $29,440.00 $0.00 $29,440.00 TOTAL 2 of 3 33080 PROJECT NO REVISED BUDGET $725.00 $200.00 $45.00 $510.00 33080 REVISED BUDGET $55.00 $55.00 $165.00 $50.00 33080 PROJECT NO REVISED $29,440.00 Agenda t % No.1 JUN 2 2 �Qgg P 4 .='.3—_ EXPLANATION MY FUNDS ARE NEEDED: Funds are needed to provide in -home support services through the encouragement and management of family -type living arrangements in private homes as an alternative to costly permanent nursing home care for low income frail elderly residents of Collier County. WHERE ARE FUNDS AVAILABLE: Grant funding in the amount of $29,440 is available through a State funded grant referred to as the Home Care for the Elderly (HCE) program. Collier County Services for Seniors has been awarded the funding for the contract period JULY 1, 1999 to JUNE 30, 2000. The program is entirely funded by the State grant and aid and requires no matching funds from the County. REVIEW PROCESS COST CENTER DIRECTOR: DIVISION ADMINISTRATOR: BUDGET DEPARTMENT: AGENCY MANAGER: FINANCE DEPARTMENT: CLERK OF BOARD ADMIN.: INPUT BY: B, A. NO.: JRM NO. CCO04 10/1/90 3of3 DATE: Agenda I m� No, J U N 2 2 1999 Pg.�� 7/1/99 HCE 311.203.99 STANDARD CONTRACT Area Agency on Aging for Southwest Florida. Inc. d /b /a Senior Solutions for Southwest Florida THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, d/b /a Senior Solutions for Southwest Florida, hereinafter referred to as the "agency ", and Collier County Board of County Commissioners, hereinafter referred to as the "provider ". This contract is subject to all provisions contained in the MASTER AGREEMENT executed between the Agency and the Provider, Agreement No. 203.99, and its successor, incorporated herein by reference. The parties agree: I. Provider Agrees: A. Services to be Provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in Attachment I of this agreement. B. Requirements of Section 287.058, Florida Statutes: These requirements are herein incorporated by reference. C. Final Request for Payment The provider must submit the final request for payment to the agency no more than 45 <` days after the contract ends or is terminated; if the provider fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider, and necessary adjustments thereto, have been approved by the agency. H. The Agency Agrees: Contract Amount To pay for contracted services according to the conditions of Attachment II in an amount not to exceed $29,440, subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The schedule of funds awarded to the provider pursuant to this contract X is _is not in state grants and aids appropriations and consists of 1 Agend t m NO. J U N 2 1 t9 i Pg. � 7/1/99 the following: SERVICES Case Management REIMBURSEMENT RATE $30.99 HCE 311.203.99 UNITS 950 Program Title Year Funding Source CFDA# Fund Amounts Home Care for the Elderly Case Management 1999- 2000 State of Florida $29,440 Home Care for the Elderly Subsidies 1999- 2000 State of Florida $101,373 TOTAL FUNDS CONTAINED IN THIS CONTRACT: 5131,013 III. Provider and Agency Mutually Agree: A. Effective Date: 1. This contract shall begin on July 1, 1999 or on the date the contract has been signed by both parties, whichever is later. 2. This contract shall end on June 30 2000_ B. Termination and Suspension The causes and remedies for termination or suspension of this contract shall follow the same procedures as outlined in Section III. B. And Section III. C. of the Master Agreement. Agenda It m 2 No. :W� J U N 2 2 1999 P9• 7/1/99 HCE 311.203.99 C. Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the representative responsible for the administration of this contract is: Terry F. White, Executive Director Area Agency on Aging for Southwest Florida, Inc. d/b /a Senior Solutions for Southwest Florida 2285 First Street Fort Myers, FL 33901 (941) 332 -4233 2. The name, address, and telephone number of the representative of the provider responsible for administration of the program under this contact is: Nanci Lochner, Senior Program Manager Collier County Services for Seniors 3 Tamiami Trail East, Bldg, H (941) 774 -8443 3. In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. 4. The name (provider name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Collier County Board of County Commissioners Collier County Services for Seniors 3301 Tamiami Trail East, Bldg, H (941) 774 -8443 A", JUN L [ 1 99 p9• 7/1/99 HCE 311.203.99 IN WITNESS THEREOF, the parties hereto have caused this 11 - page contract to be executed by their undersigned officials as duly authorized. PROVIDER: Collier County Board of County AREA AGENCY ON AGING FOR SOUTHWEST Commissioners FLORIDA, INC. d/b /a Senior Solutions for Southwest Florida BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED BY: TITLE: Chairwoman -Board of County Commissioners DATE: FEDERAL ID NUMBER: 5 9 6 0 0 0 5 3 8 PROVIDER FISCAL YEAR END DATE: SIGNED BY: NAME: John Koehler TITLE: BOARD PRESIDENT DATE: June 28, 1999 Approved as to legal form a Sufficiency: Melissa Vasquez Assistant County Attorney Dated: Attest: Dwight E. Brock, Clerk 4 Agenda I em No. JUN < <t 1999 7/1/99 HOME CARE FOR THE ELDERLY PROGRAM I. STATEMENT OF PURPOSE HCE 311.203.99 ATTACHMENTI Community Care for the Elderly Program provides community -based services organized in a continuum of care to assist aged 60 + elders at risk of nursing home placement to live in the least restrictive environment suitable to their needs. H. SERVICES TO BE PROVIDED C. Services: The Serice Provider Application for the Community Care for the Elderly funds for July 1, 1999 to June 30, 2000, and any revisions thereto approved by the agency and located in the agency's file, are incorporated by reference in this contract between the agency and the provider, and prescribe the services to be rendered by the provider. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the Service Provider Application for the Community Care for the Elderly funds for July 1, 1999 to June 30, 2000 and the Department of Elder Affairs Client Services Manual. In the event the manual is revised, the contract will incorporate any such revision and the provider will be given a copy of the revision. III. METHOD OF PAYMENT A. This is a contract incorporating cost reimbursement of actual expenses for lead agency operations and reimbursement for actual units of service delivered paid according to the schedule stipulated in Section II. Two reports will be submitted to the agency from the provider for reimbursement. The Invoice for Services and Contribution report will document the actual units of services deliverd. A request for payment and expenditure report will be submitted to support requests for payment of lead agency operations on the agency form MDOEA 105C. Duplication or replication of both forms via data processing equipment is permissible, provided all data elements are in the same format as included on agency forms. B. The provider if eligible, may request a monthly advance for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs 5 Agenda No UN c [ 1J99 7/1/99 HOME CARE FOR THE ELDERLY PROGRAM HCE 311.203.99 ATTACHMENTI for advances must be maintained in the agency's file. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT II to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. C. Advance funds may be temporarily invested by the provider in an insured interest bearing account. All interest earned on contract fund advances must be returned to the agency within thirty (30) days of the end of the first quarter of the contract period. D. Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by the agency of all financial and programmatic reports due from the provider and any adjustments thereto. E. The provider agrees to implement the distribution of funds as detailed in the Budget Summary, ATTACHMENT III to this Lontract. Any changes in the amounts of the funds identified on the Budget Summary form require a contract amendment. IV. SPECIAL PROVISIONS A. Match The provider will assure a match requirement of at least 10 percent of the cost for all services. The match will be made in the form of cash and/or inkind resources. At the end of the contract period, all Community Care for the Elderly funds expended must be properly matched. B. Program Income Program Income earned may be spent in the same year as earned. Any program income funds not spent may be carried forward into the next fiscal year. Any prior year program income carried forward must be spent in the following year. C. State Laws and Regulations 1. The provider agrees to comply with applicable parts of Rule Chapter 58C -1, Florida Administrative Code promulgated for administration of Sections 430.201 through 430.207, Florida Statutes, and the Department of Elder Affairs Client Services Manual. 6 Agenda m� No.� z z 1999 FV. 7/1/99 HCE 311.203.99 HOME CARE FOR THE ELDERLY PROGRAM ATTACHMENTI 2. The provider agrees to comply with the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. D. Reports The provider agrees to submit an annual report as described by the department's Division of Long Term Care Policy by August 31, 2000. E. Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) Program Those persons who are funcfunally assessed by the Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) Program to be at imminent risk of nursing home placement and referred to the Community Care for the Elderly Program will have services started immediately. The area agency and lead agencies must shelter an adequate portion of funds to serve these CARES referrals. F. Business Hours Lead agencies and service provider agencies must at a minimum maintain business hours from 8:00 AM to 5:00 PM daily, Monday through Friday. G. Medicaid Waiver The provider is encouraged, through the assessment by case managers, to identify Medicaid eligible CCE clients who meet Medicaid Waiver criteria and refer them to CARES and SSI related Payments (if applicable) for approval for Medicaid Waiver services. The assessment and provision of services should always consider the most cost effective means of service delivery. Approximately 44% of the general revenue funds necessary to support approved client's services will be transferred to match the 56% federal funds in order to increase provider Medicaid Waiver funding to serve the clients. The identified funding for transfer activity will be reported to the area agency for submission to the agency, at least quarterly. H. Co- payment Collections 1. Each month during the first seven months of the contract year, the area agency has the option to withhold a portion of the Requests for Payment, the aggregate of such withholding shall not exceed 5% of the total provider contract amount. The amount of funds so held back shall be released to a provider upon collection by the provider, by March 15, of 50 percent 7 AgerFd t,,�" No.a J�:+1[t�...i 7/1/99 HCE 311.203.99 HOME CARE FOR THE ELDERLY PROGRAM ATTACHMENTI (50 %) of the total co- payments projected for collection by the provider for the contract year. If providers have been successful in collecting projected co- payments, area agencies may choose not to exercise this option. 2. Within three business days of March 15, the AAA will determine which providers have collected, on or before March 15, 50 percent (50 %) of their total projected annual co- payments. The area agency will release to each such provider all funds so held back from such provider. The area agency will reallocate all funds held back from providers who fail, by March 15, to collect 50 percent (50 %) of their total projected annual co- payments. All such funds held back will be distributed pro rata only to providers who have collected, by March 15, 50 percent (50 %) of their total annual projected co- payments. 3. The area agency will certify to the department, not later than April 1, that funds held back pursuant to this clause have not been distributed to providers who failed to meet their co- payment collection projections by March 15. Upon failure of the area agency to so certify by April 1, the department will reallocate such funds among the PSA's for distribution to providers who have collected at least 50 percent (50 %) of their projected annual co- payments on or before March 15. 4. Co- payments include only the amounts assessed clients or the amounts clients opt to contribute in lieu of an as30ssed co- payment. The contribution must be equal to or greater than the assessed co- payment. I. Abuse Neglect and Exploitation The provider will ensure through subcontractual provisions that pursuant to Section 430.205(5), Florida Statute, those elderly persons who are determined by adult protective services to be high risk elderly persons in need of services, pursuant to s.415.1045(2)(b), or to be victims of abuse, neglect, or exploitation who are in need of immediate services to prevent further harm and are referred by adult protective services, will be given primary consideration for receiving Community Care for the Elderly Services. As used in this subsection, "primary consideration" means that an assessment and services must commence within 72 hours after referral to the agency or as established in accordance with agency contracts by local protocols developed between agency service providers and adult protective services. J. Outcome Achievement 1. Area agencies will assign the provider legislatively approved outcome measures. 8 Agen Itt No . _1a �,' JUN 2cE�..� Py. 7/1/99 HCE 311.203.99 HOME CARE FOR THE ELDERLY PROGRAM ATTACHMENTI 2. Area agencies will track outcome achievement on a monthly basis. Technical assistance will be provided to service providers when achievement levels drop 1% or more from the assigned outcome measures. Corrective action will be required specifying actions the providers will take to bring achievement levels up to assigned amount if achievement drops 2% or more. K. Care Plans Care plans will be costed out for each client. Projected costs will be provided to fiscal offices to manage resources and compare to actual expenditures for the provider. 9 A9Qn �'"� No.JIW j U N C � 1999 Pa.� 7/1/99 HCE 311.203.99 HOME CARE FOR THE ELDERLY PROGRAM ATTACHMENT H CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT Submit to Agency Report On This Number Month Based On Date 1 July Advance* July 1 2 August Advance* July 1 3 September July Expenditure Report August 10 4 October August Expenditure Report September 10 5 November September Expenditure Report October 10 6 December October Expenditure Report November 10 7 January November Expenditure Report December 10 8 February December Expenditure Report January 10 9 March January Expenditure Report February 10 10 April February Expenditure Report March 10 11 May March Expenditure Report April 10 12 June April Expenditure Report May 10 13- July Adv. Recon. ** May Expenditure Report June 10 Aug. Adv. Recon. ** June Expenditure Report July 10 1 ** Final Request for Payment August 15 16 ** Closeout Report September 1 Legend: * Advance based on projected cash need. ** Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the agency, payment is to accompany the report. Note # 1: Report #1 for Advance Basis Contracts cannot be submitted to the Agency prior to July 1 or until the contract with the agency has been executed. Actual submission of the vouchers to the State Comptroller is dependent on the accuracy of the expenditure report. Note # 2: Note # 3: A final request for payment may be submitted to the agency by the provider up to 45 days after the contract has ended. The last two months of the provider's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first two months of the contract. 10 Age n a I em JUN L L 1��9 Pg. 7/1/99 PSA 8 HCE 305.203.99 HOME CARE FOR THE ELDERLY PROGRAM BUDGET SUMMARY PROVIDER: Collier County Board of County Commissioners 1. Case Management $29,440 2. HCE Subsidies $101,573 3. Total $131,013 ATTACHMENT III Original X Amendment 11 Ager _ No JUN 1 [ 1999 Pg. I. EXECUTIVE SUMMARY APPROVE THE ALZHEIMER'S DISEASE INITIATIVE CONTINUATION GRANT AND AUTHORIZE THE CHAIRWOMAN TO SIGN THE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B /A SENIOR SOLUTIONS FOR SOUTHWEST FLORIDA OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: For the past 8 years, Collier County Services for Seniors has been providing in -home support services to Collier County's frail elderly through this state funded program. This continuation grant in the amount of $84,280 for the period July 1, 1999 through June 30, 2000 will allow the delivery of respite care and case management services to the County's frail elderly preventing premature and costly institutional placement. This grant enables victims of Alzheimer's disease to remain in their homes with help. The grant requires no local matching funds. GROWTH MANAGEMENT: There is no growth management impact from this recommendation FISCAL IMPACT: The total grant amount of $84,280 is funded from the State of Florida grants and aids appropriation administered by Area Agency on Aging for Southwest Florida, Inc. d/b /a Senior Solutions for Southwest Florida. Of the total grant award, $505 will require a budget amendment to recognize the direct funding portion to the county for administration and case management. The remaining $83,775 will be retained by Senior Solutions who contracts directly with service providers to pay for direct services authorized by Collier County Services for Seniors. This grant requires no local cash matching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Alzheimer's Disease Initiative grant and authorize the Chairwoman to sign the contract and approve the necessary budget amendment. The contract has been reviewed and approved by the County Attorney. Prepared By: ` Date: John Ferrell, Services for Seniors Accounting Technician Reviewed and Approved by: 1� '' Date: /Nanci E. Lochner, Services for Seniors Program Manager Reviewed and Approved by: Date: Marth kroner, Social Services Director Reviewed and Approved by: Date: Thomas W. 011iff, Pu i ervices Administrator A.gend t m No. JUN Z 1999 BUDGET AMENDMENT REQUEST COLLIER COUNTY - SERVICES FOR SENIORS 123 FUND TITLE FUND NO. DATE PREPARED, 06 /09199 PREVIOUSLY APPROVED, BCC AGENDA DATE; 8122199 FOR BUDGET /FINANCE USE ONLY BAN JEN BARN A.P.H. DATE TO BCC YES NO ITEM NO. 16 C (ATTACH EXECUTIVE SUMMARY) EXPENSE BUDGET DETAIL ALZHEIMER'S DISEASE INIT 711199- 6130100 155977 ALZHEIMER'S DISEASE INIT 711199- 6130100 33077 COST CENTER TITLE COST CENTER NO, PROJECT TITLE PROJECT NO EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 512100 REGULAR SALARIES $383.00 $0.00 $383.00 521100 SOCIAL SECURITY - MATCHING $29.00 $0.00 $29.00 522100 RETIREMENT - REGULAR $68.00 $0.00 $68.00 523150 HEALTH INSURANCE $21.00 $0.00 $21.00 TOTAL „ l.ZHEIMER'S DISEASE INIT 711199- 6130100 155977 ALZHEIMER'S DISEASE INIT 711199- 6130100 33077 COST CENTER TITLE COST CENTER NO. PROJECT TITLE PROJECT NO EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 523160 LIFE INSURANCE $1.00 $0.00 $1.00 524100 WORKER'S COMPENSATION - REGU $3.00 $0.00 $3.00 TOTAL $505.00 REVENUE BUDGET DETAIL ALZHEIMER'S DISEASE WIT 711199. 6130100 155977 ALZHEIMER'S DISEASE INIT 711199- 6130100 33077 COST CENTER TITLE COST CENTER NO, PROJECT TITLE PROJECT NO REVENUE INCREASE CURRENT REVISED OBJECT CODE __ REVENUE TITLE _DECREASE) BUDGET BUDGET 334677 ALZHEIMER'S INIT 7/1/99 - 6/30/00 $505.00 $0.00 $505.00 TOTAL $505.00 EAgenda EXPLANATION WHY FUNDS ARE NEEDED: Funds are needed to provide respite case management services for frail elderly Collier County Alzheimer's patients. WHERE ARE FUNDS AVAILABLE: Funding in the amount of $505 is available through a State funded grant referred to as the Alzheimer's Disease Initiative program. Collier County Services for Seniors has been awarded funding for the contract period JULY 1, 1999 to JUNE 30, 2000. This funding source provides case management services for Alzheimer's patients and is entirely funded by the State grant and aid requiring no County matching funds. REVIEW PROCESS DATE: COST CENTER DIRECTOR: DIVISION ADMINISTRATOR: l • 9' -1 BUDGET DEPARTMENT: AGENCY MANAGER: FINANCE DEPARTMENT: CLERK OF BOARD ADMIN.: INPUT BY: _ B.A. NO.. FORM NO. CCO04 Agen 10/1190 No. J P9,0 7/1/99 ADI 305.203.99 STANDARD CONTRACT Area Agency on Aging for Southwest Florida, Inc. d/b /a Senior Solutions for Southwest Florida TFHS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, d/b /a Senior Solutions for Southwest Florida, hereinafter referred to as the "agency ", and Collier County Board of County Commissioners, hereinafter referred to as the "provider ". This contract is subject to all provisions contained in the MASTER AGREEMENT executed between the Agency and the Provider, Agreement No. 203.99, and its successor, incorporated herein by reference. The parties agree: Provider Agrees: A. Services to be Provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the mannrr prescribed in Attachment I of this agreement. B. Requirements of Section 287.058, Florida Statutes: These requirements are herein incorporated by reference. C. Final Request for Payment The provider must submit the final request for payment to the agency no more than 45 > days after the contract ends or is terminated; if the provider fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider, and necessary adjustments thereto, have been approved by the agency. II. The Agency Agrees: Contract Amount To pay for contracted services according to the conditions of Attachment II in an amount not to exceed $505.00, subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement undo- this c,^ntraot, '.r he schedule of funds awarded to the provider pursuant to this contract X is is not in state grants and aids appropriations and consists of 1 Agen m No. Pg._� 7/1/99 the following: SERVICES Case Management REIMBURSEMENT RATE $33.71 ADI 305.203.99 MAXW UM UNITS 15 Program Title Year Funding Source CFDA# Fund Amounts Alzheimas Disease Initiative 1999- State of Florida S 505.00 Case Management 2000 Alzheimers Disease Initiative 1999- Stat! ^f Florida 583,775.00 Respite 2000 TOTAL FUNDS CONTAINED IN THIS 584,280.00 CONTRACT: III. Provider and Agency Mutually Agree: A. Effective Date: 1. This contract shall begin on July 1, 1999 or on the date the contract has been signed by both parties, whichever is later. 2. This contract shall end on June 30, 2000. B. Termination and Suspension The causes and remedies for termination or suspension of this contract shall follow the same procedures as outlined in Section III. B. And Section III. C. of the Master Agreement. 2 A.yencla No 1 I'999 7/1/99 ADI305.203.99 C. Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the representative responsible for the administration of this contract is: Terry F. White, Executive Director Area Agency on Aging for Southwest Florida, Inc. d/b /a Senior Solutions for Southwest Florida 2285 First Street Fort Myers, FL 33901 (941) 332 -4233 2. The name, address, and telephone number of the representative of the provider responsible for administration of the program under this contact is: Nanci Lochner, Senior Program Manager Collier County Services for Seniors 3301 Tamiami Trail East, Bldg, H (941) 774 -8443 3. In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. 4. The name (provider name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Collier County Board of County Commissioners Collier County Services for Seniors 3301 Tamiami Trail East, Bldg, H (941) 774 -8443 3 Agen2 I e No. J U N 2 t 1999 Pg. 0 7/1/99 ADI 305.203.99 IN WITNESS THEREOF, the parties hereto have caused this 10 page contract to be executed by their undersigned officials as duly authorized. PROVIDER: Collier County Board of County AREA AGENCY ON AGING FOR Commissioners SOUTHWEST FLORIDA, INC. d/b /a Senior Solutions for Southwest Florida BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED BY: NAME: Pamela S. Mac' Kie TITLE: Chairwoman -Board of County Commissioners DATE: FEDERAL ID NUMBER: 9 g 9 n n n 5 I a PROVIDER FISCAL YEAR END DATE: 9 / 3 0 / 9 9 A r d as to legal form Melissa Vasquez Assistant County Attorney Dated: Attest: Dwight E. Brock, Clerk SIGNED BY: NAME: John Koehler TITLE: BOARD PRESIDENT DATE: June 28, 1999 fficiency: 4 Agenda e No.--1&4 � J u N t 1999 P9.--7 7/1/99 ADI 305.203.99 I. STATEMENT OF PURPOSE Alzheimer's Disease Initiative Program is focused on caring for persons 18 +with memory disorders. H. SERVICES TO BE PROVIDED C. Services: The Service Provider Application for the Alzheimer's Disease Initiative funds for July 1, 1999 to June 30, 2000, and any revisions thereto approved by the agency and located in the contract manager's file, are incorporated by reference in this contract between the agency and the provider, and prescribe the services to be rendered by the provider. B. Manner of Service Provision: Respite and Model Day Care services will be provided in a manner consistent with and described in the Service Provider Application for the Alzheimer's Disease Initiative funds for July 1, 1999 to June 30, 2000 and the Department of Elder Affairs Client Services Manual. In the event the manual is revised, the contract will incorporate any such revision and the provider will be given a copy of the revision. M. METHOD OF PAYMENT A. This is a contract incorporating cost reimbursement of actual expenses for lead agency operations and reimbursemen` for act.taI ur_as or servicc delivered paid according to the schedule stipulated in Section II. Two reports will be submitted to the agency from the provider for reimbursement. The Invoice for Services and Contribution report will document the actual units of services deliverd. A request for payment and expenditure report will be submitted to support requests for payment of lead agency operations on the agency form MDOEA 105C. Duplication or replication of both forms via data processing equipment is permissible, provided all data elements are in the same format as included on agency forms. B. The provider may request a monthly advance for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be maintained in the agency's file. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT II to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final payment is made. All advance payments are r 5 Agee a I e /& h No. ;r I L L 'Id39 P9•� 7/1/99 subject to the availability of funds. ADI 305.203.99 C. Advance funds may be temporarily invested by the provider in an insured interest bearing account. All interest earned on contract fund advances must be returned to the agency within thirty (30) days of the end of the first quarter of the contract period. D. Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by the agency of all financial and programmatic reports due from the provider and any adjustments thereto. E. The provider agrees to implement the distribution of funds as detailed Budget Summary, ATTACHMENT III to this contract. Any changes in the amounts of the funds identified on the Budget Summary form require a contract amendment. IV. SPECIAL PROVISIONS A. Program Income Program Income earned may be spent in the same year as earned. Any program income funds not spent may be carried forward into the next fiscal year. Any prior year program income carried forward must be spent in the following year. B. State Laws and Regulations The provider agrees to comply with applicable parts of Rule 58D -1, Florida Administrative Code promulgated for administration of Sections 430.501 through 430.504, Florida Statutes, and the Department of Elder Affairs Client Services Manual. C. Research and Statistics and Reports The provider agrees to respond to requests for research information and statistical data concerning its clients based on information requirements of the Memory Disorder Clinics, Brain Bank and Alzheimer's Disease Research Database. Model Day Cares must develop and report on innovative therapies and interventions which can be shared with other Alzheimer's Disease Initiative health and social services personnel via training. Reports will include the hypothesis, data collection items, research methods, timeline for completion, and plan for dissemination of findings. Model Day Care programs must report all training activities provided to health care and social service personnel and caregivers, as well as serve as a natural laboratory for service related applied research by Memory Disorder Clinics. 6 Agee No P g- 7/1/99 ADI 305.203.99 D. Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) Program Those persons who are functionally assessed by the Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) Program to be at imminent risk of nursing home placement and referred to the Alzheimer's Disease Initiative Program will have services started immediately. The area agency and lead agencies must shelter an adequate portion of funds to serve these CARES referrals. E. Co- payment Collections 1. Each month during the first seven months of the contract year, the area agency has the option to withhold a portion of the Requests for Payment, the aggregate of such withholding shall not exceed 5% of the total provider contract amount. The amount of funds so held back shall be released to a provider upon collection by the provider, by March 15, of 50 percent (50 %) of the total co- payments projected for collection by the provider for the contract year. If providers have been successful in collecting projected co- payments, area agencies may choose not to exercise this option. 2. Within three business days of March 15, the AAA will determine which providers have collected, on or before March 15, 50 percent (50 %) of their total projected annual co- payments. The area agency will release to each such provider all funds so held back from such provider. The area agency will reallocate all funds held back from providers who fail, by March 15, to collect 50 percent (50 %) of their total projected annual co- payments. All such funds held back will be distributed pro rata only to providers who have collected, by March 15, 50 percent (50 %) of their total annual projected co- payments. The area agency will certify to the department, not later than April 1, that funds held back pursuant to this clause have not been distributed to providers who failed to meet their co- payment collection projections by March 15. Upon failure of the area agency to so certify by April 1, the department virill reallocate such funds among the PSA's for distribution to providers who have collected at least 50 percent (50 %) of their projected annual co- payments on or before March 15. 4. Co- payments include only the amounts assessed clients or the amounts clients opt to contribute in lieu of an assessed co- payment. The contribution must be equal to or greater than the assessed co- payment. F. Outcome Achievement 1. Area agencies will assign the provider legislatively approved outcome measures. 7 Agenaa t m� No. 7/1/99 ADI 305.203.99 2. Area agencies will track outcome achievement on a monthly basis. Technical assistance will be provided to service providers when achievement levels drop 1% or more from the assigned outcome measures. Corrective action will be required specifying actions the providers will take to bring achievement levels up to assigned amount if achievement drops 2% or more. G. Care Plans Care plans will be costed out for each client. Projected costs will be provided to fiscal offices to manage resources and compare to actual expenditures for the agency. Agend It No . ar JUN 1 t ) -.JS pg.--D 7/1/99 Report Number 4 • • ADI 305.203.99 ALZHEIMER'S DISEASE INITIATIVE PROGRAM 1 July 2 August 3 September 4 October 5 November 6 December 7 January 8 February 9 March 10 April 11 May 12--- June 1 July Adv. Recon. 14 Aug. Adv. Recon. 15 ** 16 ** ATTACHMENT II CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT Submit to State On This Based On pate - Advance* Advance* July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report December Expenditure Report January Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report ** May Expenditure Report ** June Expenditure Report Final Request for Payment Closeout Report July 1 July 1 August 10 September 10 October 10 November 10 December 10 January 10 February 10 March 10 April 10 May 10 June 10 July 10 August 15 September 1 Legend: * Advance based on projected cash need. ** Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the agency, payment is to accompany the report. Mote # 1: Report #1 for Advance Basis Contracts cannot be submitted to the State Comptroller prior to July l or until the contract with the agency has been executed and a copy sent to the Comptroller. Actual submission of the vouchers to the State Comptroller is dependent on the accuracy of the expenditure report. tote # 2: A final request for payment may be submitted to the agency by the provider up to 60 days after the contract has ended. Mote # 3: The last two months of the provider's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first two months of the contract. 9 Ageri t..�.. No. A Ir JUN 2 2 1999 Pg ---A LL\ 7/1/99 PSA 8 ADI 305.203.99 ALZHEIMER'S DISEASE INITIATIVE PROGRAM BUDGET SUMMARY AGENCY: Collier County Board of County Commissioners 1. Respite $ 83,775 2. Model Day Care $ 3. Total $ 83,775 ATTACHMENT III Original X Amendment _ Agenda I e 10 No.--- J U N 2 [ 1999 P 9 . _ __1 _ EXECUTIVE SUMMARY APPROVE THE COMMUNITY CARE FOR THE ELDERLY CONTINUATION GRANT AND AUTHORIZE THE CHAIRWOMAN TO SIGN THE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B /A SENIOR SOLUTIONS FOR SOUTHWEST FLORIDA OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: For the past 24 years, Collier County Services for Seniors has been providing in -home support services to Collier County's frail elderly through this state funded program. This continuation grant in the amount of $565,024 for the period July 1, 1999 through June 30, 2000 will allow the delivery of homemaking services, personal care services, respite care, medical transportation and case management services to the County's frail elderly preventing premature and costly institutional placement. The majority of these clients would be unable to remain in their homes without this help. The County's cash matching funds for this grant will be $64,900 which was approved in the County's 1998/1999 fiscal year budget. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: The total grant amount of $565,024 is funded from the State of Florida grants and aids appropriation administered by Area Agency on Aging for Southwest Florida, Inc. d/b /a Senior Solutions for Southwest Florida. Of the total grant award, $207,353 will require a budget amendment to recognize the direct funding portion to the county for administration and case management. The remaining $357,671 will be retained by Senior Solutions who contracts directly with service providers to pay for direct services authorized by Collier County Services for Seniors. A total of $64,900 in local cash matching funds was approved in the FY 98/99 budget and will be funded from the General Fund. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Community Care for the Elderly grant and authorize the Chairwoman to sign the contract and approve the necessary budget amendment. The contract has been reviewed and approved by the County Attorney. Prepared By: c < < . Date: % John F)rrell, Services for Seniors Accounting Technician Reviewed and Approved by: /` — Date: / Nanci E. Lochner, Services for Seniors Program Manager Reviewed and Approved by: Date: cQ 9 R c Martha inner, Social Services Director Reviewed and Approved by: r Date: f (1 r) Thomas W. 011iff, blic Services Administrator Agend�t No.�._ / BUDGET AMENDMENT REQUEST COLLIER COUNTY - SERVICES FOR SENIORS 123 FUND TITLE FUND NO. DATE PREPARED: 06 109/99 PREVIOUSLY APPROVED, BCC AGENDA DATE: 6122199 FOR BUDGET /FINANCE USE ONLY BA# JE# BAR# A.P.H. DATE TO BCC YES NO ITEM NO. 16 C (ATTACH EXECUTIVE SUMMARY) EXPENSE BUDGET DETAIL HOMEMAKERS CCE 7/1/99- 6130100 155975 HOMEMAKERS CCE 711199- 6130100 33075 COST CENTER TITLE COST CENTER NO. PROJECT TITLE PROJECT NO EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 512100 REGULAR SALARIES $157,721.00 $0.00 $157,721.00 513100 OTHER SALARIES do WAGES $13,575.00 $0.00 $13,575.00 514100 OVERTIME $4,316.00 $0.00 $4,316.00 519100 RESERVE FOR SALARY ADJUSTMEN $6,800.00 $0.00 $6,800.00 TOTAL JMEMAKERS CCE 711199- 6130100 155975 HOMEMAKERS CCE 7/1/99- 6130100 33075 COST CENTER TITLE COST CENTER NO, PROJECT TITLE PROJECT NO EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 521100 SOCIAL SECURITY MATCHING $14,060.00 $0.00 $14,060.00 522100 RETIREMENT - REGULAR $30,007.00 $0.00 $30,007.00 523150 HEALTH INSURANCE $13,910.00 $0.00 $13,910.00 523160 LIFE INSURANCE $470.00 $0.00 $470.00 COST CENTER TITLE REVENUE OBJECT CODE TOTAL (GONT'D) REVENUE BUDGET DETAIL COST CENTER NO. PROJECT TITLE REVENUE TITLE 1 OF 6 TOTAL INCREASE CURRENT (DECREASE) BUDGET PROJECT NO REVISED BUDGET No. 9 lk - &l.t7 P9. p;Z BUDGET AMENDMENT REQUEST COLLIER COUNTY - SERVICES FOR SENIORS 123 FUND TITLE FUND NO. DATE PREPARED: 06 /09/99 PREVIOUSLY APPROVED, BCC AGENDA DATE: 6/22/99 FOR BUDGET /FINANCE USE ONLY BA# JE# BAR# A.P.H. DATE TO BCC YES NO ITEM NO. 16 C ! (ATTACH EXECUTIVE SUMMARY) TOTAL HOMEMAKERS CCE 7/1/99- 6130100 155975 COST CENTER TITLE COST CENTER NO. EXPENDITURE OBJECT CODE EXPENDITURE TITLE 640200 MILEAGE REIMBURSEMENT 640300 640410 641150 COST CENTER TITLE REVENUE OBJECT CODE OUT OF COUNTY TRAVEL HOMEMAKERS CCE 711199. 6130100 PROJECT TITLE EXPENSE BUDGET DETAIL INCREASE HOMEMAKERS CCE 7/1/99- 6130100 155975 HOMEMAKERS CCE 711199- 6130100 COST CENTER TITLE COST CENTER NO. PROJECT TITLE $2,150.00 EXPENDITURE INCREASE CURRENT OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET 524100 WORKER'S COMPENSATION $1,196.00 $0.00 634104 PERS /RESPITE /HOMEMAKER SERV $61528.00 $0.00 634201 OTHER DP SERVICE CHARGES $200.00 $0.00 TOTAL HOMEMAKERS CCE 7/1/99- 6130100 155975 COST CENTER TITLE COST CENTER NO. EXPENDITURE OBJECT CODE EXPENDITURE TITLE 640200 MILEAGE REIMBURSEMENT 640300 640410 641150 COST CENTER TITLE REVENUE OBJECT CODE OUT OF COUNTY TRAVEL HOMEMAKERS CCE 711199. 6130100 PROJECT TITLE INCREASE CURRENT (DECREASE) BUDGET $2,125.00 $0.00 $2,150.00 $0.00 MOTOR POOL RENTAL CHARGES $166.00 $0.00 TELEPHONE BEEPERS - BASE COST $230.00 $0.00 TOTAL (CONT'D) REVENUE BUDGET DETAIL COST CENTER NO. PROJECT TITLE INCREASE REVENUE TITLE (DECREASE) _ 33075 RFVISFn $6,528.00 $200.00 33075 REVISED BUDGET $2,125.00 $2,150.00 $166.00 $230.00 (M IRGFIUT FFVICFII 2 OF 6 TOTAL Agenda t m� No.- JUN 1 s BUDGET AMENDMENT REQUEST COLLIER COUNTY - SERVICES FOR SENIORS 123 FUND TITLE FUND NO. DATE PREPARED: 06 /09/99 FOR BUDGET /FINANCE USE ONLY BA# JE# BAR# A.P.H. DATE TO BCC YES NO PREVIOUSLY APPROVED, BCC AGENDA DATE: 6/22/99 ITEM NO. 16 C (7 (ATTACH EXECUTIVE SUMMARY) CURRENT REVISED EXPENSE BUDGET DETAIL BUDGET BUDGET HOMEMAKERS CCE 7/1/99- 6130100 155975 HOMEMAKERS CCE 711/99- 6130100 33075 COST CENTER TITLE COST CENTER NO. PROJECT TITLE PROJECT NO EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 641210 FAX CHARGES $495.00 $0.00 $495.00 641700 CELLULAR TELEPHONE $107.00 $0.00 $107.00 641900 TELEPHONE SYSTEM SUPPORT $4,588.00 $0.00 $4,588.00 641950 POSTAGE, FREIGHT & UPS $1,278.00 $0.00 $1,278.00 TOTAL HOMEMAKERS CCE 7/1/99- 6130100 155975 HOMEMAKERS CCE 7/l/99- 6130100 33075 COST CENTER TITLE COST CENTER NO, PROJECT TITLE PROJECT NO EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 645100 INSURANCE - GENERAL $200.00 $0.00 $200.00 646180 BUILDING R &M - ISF BILLINGS $300.00 $0.00 $300.00 646710 OFFICE EQUIPMENT r & M - $831.00 $0.00 $831.00 646910 DATA PROCESSING EQUIP R &M $215.00 $0.00 $215.00 COST CENTER TITLE REVENUE OBJECT CODE 3OF6 TOTAL (CONT'D) REVENUE BUDGET DETAIL COST CENTER NO. REVENUE TITLE PROJECT TITLE PROJECT NO INCREASE CURRENT REVISED (DECREASE) BUDGET BUDGET TOTAL 1 O, '�- y C P r G � (t0 m� 9 1999 BUDGET AMENDMENT REQUEST COLLIER COUNTY - SERVICES FOR SENIORS 123 FUND TITLE FUND NO. DATE PREPARED: 06 /09/99 FOR BUDGET /FINANCE USE ONLY BA# JE# BAR# A.P.H. DATE TO BCC YES NO PREVIOUSLY APPROVED, BCC AGENDA DATE: 6/22/99 ITEM NO. 16 C ( (ATTACH EXECUTIVE SUMMARY) CURRENT REVISED EXPENSE BUDGET DETAIL BUDGET BUDGET HOMEMAKERS CCE N1199. 6150100 155975 HOMEMAKERS CCE 711199- 6130100 33075 COST CENTER TITLE COST CENTER NO. PROJECT TITLE PROJECT NO EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 647110 PRINTING /BINDING - OUTSIDE $415.00 $0.00 $415.00 649990 OTHER MISCELLANEOUS SERVICES $150.00 $0.00 $150.00 651110 OFFICE SUPPLIES - GENERAL $2,311.00 $0.00 $2,311.00 651910 MINOR OFFICE EQUIPMENT $400.00 $0.00 $400.00 TOTAL HOMEMAKERS CCE 7/1199. 6130/00 155975 HOMEMAKERS CCE 7/1/99- 6130/00 33075 COST CENTER TITLE COST CENTER NO. PROJECT TITLE PROJECT NO EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 652510 HOUSEHOLD & INSTITUTIONAL SUPP $700.00 $0.00 $700.00 652920 COMPUTER SOFTWARE UNDER $750 $500.00 $0.00 $500.00 654110 BOOKS /PUBLICATIONS & SUBS $530.00 $0.00 $530.00 654210 DUES & MEMBERSHIPS $120.00 $0.00 $120.00 TOTAL CONT'D COST CENTER TITLE REVENUE OBJECT CODE 40F6 REVENUE BUDGET DETAIL COST CENTER NO. REVENUE TITLE TOTAL PROJECT TITLE PROJECT NO INCREASE CURRENT REVISED (DECREASE) BUDGET BUDGET Agenua j O._ Pg. BUDGET AMENDMENT REQUEST COLLIER COUNTY - SERVICES FOR SENIORS 123 FUND TITLE FUND NO. DATE PREPARED: 06/09199 PREVIOUSLY APPROVED, BCC AGENDA DATE: 6/22/99 FOR BUDGET /FINANCE USE ONLY BA # JE# BAR# A.P.H. DATE TO BCC YES NO ITEM NO. 16 C (ATTACH EXECUTIVE SUMMARY) EXPENSE BUDGET DETAIL HOMEMAKERS CCE 7_/1/99- 6130100 155975 HOMEMAKERS CCE 7/1/99- 6130100 33075 COST CENTER TITLE COST CENTER NO. PROJECT TITLE PROJECT NO EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 654310 TUITION $300.00 $0.00 $300.00 654360 OTHER TRAINING /EDUCATIONAL $359.00 $0.00 $359.00 654370 ORGANIZATIONAL DEVELOPMENT $50.00 $0.00 $50.00 i� TOTAL COST CENTER TITLE COST CENTER NO PROJECT TITLE PROJECT NO EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 764900 DATA PROCESSING EQUIPMENT $4,950.00 $0.00 $4,950.00 TOTAL $272,253.00 REVENUE EUDGE- DETAIL HOMEMAKERS CCE 711199- 6130100 155975 HOMEMAKERS CCE 711199- 6130100 33075 COST CENTER TITLE COST CENTER NO. PROJECT TITLE PROJECT NO REVENUE INCREASE CURRENT REVISED OBJECT CODE REVENUE TITLE (DECREASE) BUDGET BUDGET 334675 CARE FOR ELDERLY 7/99 -6/00 $207,353.00 $0.00 $207,353.00 969060 - 48300133075 CONTRIBUTIONS FROM GEN FUND $64,900.00 $0.00 $64,900.00 TOTAL $272,253.00 SOFB Qp EXPLANATION WHY FUNDS ARE NEEDED: Funds are needed to provide in -home support services consisting primarily of case management, homemaking, personal care, respite, medical transportation and information services through the encouragement and management of family -type living arrangements in private home settings as an alternative to nursing home care for low income frail elderly residents of Collier County. WHERE ARE FUNDS AVAILABLE: Revenue in the amount of $207,353 is available through a State funded grant referred to as the Community Care for the Elderly (CCE) program. Collier County Services for Seniors has been awarded the funding for the contract period beginning JULY 1, 1999 to JUNE 30, 2000. Additional revenue in the amount of $64,900.00 has been budgeted and is available from Collier County as matching funds. REVIEW PROCESS COST CENTER DIRECTOR: DIVISION ADMINISTRATOR: BUDGET DEPARTMENT: AGENCY MANAGER: FINANCE DEPARTMENT: CLERK OF BOARD ADMIN.: INPUT BY B.A. NO.: FORM NO. CCO04 10/,/90 6OF6 DATE: 9 K A IR Agenda No- - 1 7/1/99 CCE 302.203.99 STANDARD CONTRACT Area Agency on Aging for Southwest Florida, Inc. d /b /a Senior Solutions for Southwest Florida THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, d/b /a Senior Solutions for Southwest Florida, hereinafter referred to as the "agency ", and Collier County Board of County Commissioners, hereinafter referred to as the "provider ". This contract is subject to all provisions contained in the MASTER AGREEMENT executed between the Agency and the Provider, Agreement No. 203.99, and its successor, incorporated herein by reference. The parties agree: I. Provider Agrees: A. Services to be Provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in Attachment I of this agreement. B. Requirements of Section 287.058, Florida Statutes: These requirements are herein incorporated by reference. C. Final Request for Payment The provider must submit the final request for payment to the agency no more than 45= days after the contract ends or is terminated; if the provider fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider, and necessary adjustments thereto, have been approved by the agency. H. The Agency Agrees: Contract Amount To pay for contracted services sliccordirg to the conditions of Attachment II in an amount not to exceed $207,353, subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The schedule of funds awarded to the provider — pursuant to this contract X is _is not in state grants and aids appropriations and consists of E J UP l� 1 [ tg95 P'� 7/1/99 the following: SERVICES Case Management Transportation Lead Agency Reimbursement Amount REIMBURSEMENT RATE $30.57 $8.53 $83,377 CCE 302.203.99 4,012 154 Program Title Year Funding Source CFDA4 Fund Amounts Community Care for the Elderly Lead Agency 1999- 2000 State of Florida $207,353 Comunity Care for the Elderly Spending Authority 1999- 2000 State of Florida 357,671.00 TOTAL FUNDS CONTAINED IN THIS CONTRACT: s6s,oza.o0 III. Provider and Agency Mutually Agree: A. Effective Date: 1. This contract shall begin on July 1, 1999 or on the date the contract has been signed by both parties, whichever is later. 2. This contract shall end on June 30, 2000. B. Termination and Suspenzfon The causes and remedies for termination or suspension of this contract shall follow the same procedures as outlined in Section III. B. And Section III. C. of the Master Agreement. '.t. 2 �, 7 J�gss pg,_ 7/1/99 CCE 302.203.99 C. Notice, Contact, and Pa,i °e Information: 1. The name, address, and telephone number of the representative responsible for the administration of this contract is: Terry F. White, Executive Director Area Agency on Aging for Southwest Florida, Inc. d/b /a Senior Solutions for Southwest Florida 2285 First Street Fort Myers, FL 33901 (941) 332 -4233 2. The name, address, and telephone number of the representative of the provider responsible for administration of the program under this contact is: Nanci Lochner, Senior Program Manager Collier County Services for Seniors 3301 Tamiami Trail East, Bldg, H (941) 774 -8443 3. In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. 4. The name (provider name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Collier County Board of County Commissioners Collier County Services for Seniors 3301 Tamiami Trail East, Bldg, H (941) 774 -8443 3 Agency I t 7 ,S u L d P g . _ —LL 7/1/99 CCE 302.203.99 IN WITNESS THEREOF, the parties hereto have caused this 11 page contract to be executed by their undersigned officials as duly authorized. PROVIDER: Collier County Board of County AREA AGENCY ON AGING FOR SOUTHWEST Commissioners FLORIDA, INC. d/b /a Senior Solutions for Southwest Florida BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED BY: NAME: Pamela S. Mac' Kie TITLE: Chairwoman -Board of Collier DATE: County Commissioners FEDERAL ID NUMBER: 5 9 6 0 0 0 5 3 8 PROVIDER FISCAL YEAR END DATE: 9�/3()/99 SIGNED BY: NAME: John Koehler TITLE: BOARD PRESIDENT DATE: June 28, 1999 Approved as to legal form and ufficiency: Melissa Vasquez Assistant County Attorney Dated: Attest: Dwight E. Brock, Clerk 4 Ager�µt I t�� No._11' % JUN l P4' -- 7/1/99 CCE 302.203.99 COMMUNITY CARE FOR THE ELDERLY PROGRAM ATTACHMENTI I. STATEMENT OF PURPOSE Community Care for the Elderly Program provides community -based services organized in a continuum of care to assist aged 60 + elders at risk of nursing home placement to live in the least restrictive environment suitable to their needs. H. SERVICES TO BE PROVIDED C. Services: The Serice Provider Application for the Community Care for the Elderly funds for July 1, 1999 to June 30, 2000, and any revisions thereto approved by the agency and located in the agency's file, are incorporated by reference in this contract between the agency and the provider, and prescribe the services to be rendered by the provider. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the Service Provider Application for the Communi:r Care for the Elderly funds for July 1, 1999 to June 30, 2000 and the Department of Elder Affairs Client Services Manual. In the event the manual is revised, the contract will incorporate any such revision and the provider will be given a copy of the revision. III. METHOD OF PAYMENT A. This is a contract incorporating cost reimbursement of actual expenses for lead agency operations and reimbursement for actual units of service delivered paid according to the schedule stipulated in Section II. Two reports will be submitted to the agency from the provider for reimbursement. The Invoice for Services and Contribution report will document the actual units of services deliverd. A request for payment and expenditure report will be submitted to support requests for payment of lead agency operations on the agency form MDOEA 105C. Duplication or replication of both forms via data processing equipment is permissible, provided all data elements are in the same format as included on agency forms. B. The provider may request a monthly advance for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for 5 Ayes U t.ts JUN 1 1 Py t 7/1/99 CCE 302.203.99 COMMUNITY CARE FOR THE ELDERLY PROGRAM ATTACHMENTI advances must be maintained in the agency's file. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT II to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. C. Advance funds may be temporarily invested by the provider in an insured interest bearing account. All interest earned on contract fund advances must be returned to the agency within thirty (30) days of the end of the first quarter of the contract period. D. Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by the agency of all financial and programmatic reports due from the provider and any adjustments thereto. E. The provider agrees to implement the distribution of funds as detailed in the Budget Summary, ATTACHMENT III to this contract. Any changes in the amounts of the funds identified on the Budget Summary form require a contract amendment. IV. SPECIAL PROVISIONS A. Match The provider will assure a match requirement of at least 10 percent of the cost for all services. The match will be made in the form of cash and/or inkind resources. At the end of the contract period, all Community Care for the Elderly funds expended must be properly matched. B. Program Income Program Income earned may be spent in the same year as earned. Any program income funds not spent may be carried forward into the next fiscal year. Any prior year program income carried forward must be spent in the following year. C. State Laws and Regulations 1. The provider agrees to cor,:ply with applicable parts of Rule Chapter 58C -1, Florida Administrative Code promulgated for administration of Sections 430.201 through 430.207, Florida Statutes, and the Department of Elder Affairs Client Services Manual. AgEr,aa I e s 6 hio._� 7 Pg• 7/1/99 CCE 302.203.99 COMMUNITY CARE FOR THE ELDERLY PROGRAM ATTACHMENTI 2. The provider agrees to comply with the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. D. Reports The provider agrees to submit an annual report as described by the department's Division of Long Term Care Policy by August 31, 2000. E. Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) Program Those persons who are functionally assessed by the Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) Program to be at imminent risk of nursing home placement and referred to the Community Care for the Elderly Program will have services started immediately. The area agency and lead agencies must shelter an adequate portion of funds to serve these CARES referrals. F. Business Hours Lead agencies and service provider agencies must at a minimum maintain business hours from 8:00 AM to 5:00 PM daily, Monday through Friday. G. Medicaid Waiver The provider is encouraged, through the assessment by case managers, to identify Medicaid eligible CCE clients who meet Medicaid Waiver criteria and refer them to CARES and SSI related Payments (if applicable) for approval for Medicaid Waiver services. The assessment and provision of services should always consider the most cost effective means of service delivery. Approximately 44% of the general revenue funds necessary to support approved client's services will be transferred to match the 56% federal funds in order to increase provider Medicaid Waiver funding to serve the clients. The identified funding for transfer activity will be reported to the area agency for submission to the agency, at least quarterly. H. Co- payment Collections 1. Each month during the first seven months of the contract year, the area agency has the option to withhold a portion of the Requests for Payment, the aggregate of such withholding shall not exceed 5% of the total provider contract amount. The amount of funds so held back shall be released to a provider upon collection by the provider, by March 15, of 50 percent t� 'l �l/1999 7/1/99 CCE 302.203.99 COMMUNITY CARE FOR THE ELDERLY PROGRAM ATTACHMENTI (50 %) of the total co- payments projected for collection by the provider for the contract year. If providers have been successful in collecting projected co- payments, area agencies may choose not to exercise this option. 2. Within three business days of March 15, the AAA will determine which providers have collected, on or before March 15, 50 percent (50 %) of their total projected annual co- payments. The area agency will release to each such provider all funds so held back from such provider. The area agency will reallocate all funds held back from providers who fail, by March 15, to collect 50 percent (50 %) of their total projected annual co- payments. All such funds held back will be distributed pro rata only to providers who have collected, by March 15, 50 percent (50 %) of their total annual projected co- payments. 3. The area agency will certifir to the department, not later than April 1, that funds held back pursuant to this clause have not been distributed to providers who failed to meet their co- payment collection projections by March 15. Upon failure of the area agency to so certify by April 1, the department will reallocate such funds among the PSA's for distribution to providers who have collected at least 50 percent (50 %) of their projected annual co- payments on or before March 15. 4. Co- payments include only the amounts assessed clients or the amounts clients opt to contribute in lieu of an assessed co- payment. The contribution must be equal to or greater than the assessed co- payment. I. Abuse Neglect and Exploitation The provider will ensure through subcontractual provisions that pursuant to Section 430.205(5), Florida Statute, those elderly persons who are determined by adult protective services to be high risk elderly persons in need of services, pursuant to s.415.1045(2)(b), or to be victims of abuse, neglect, or exploitation who are in need of immediate services to prevent further harm and are referred by adult protective services, will be given primary consideration for receiving Community Care for the Elderly Services. As used in this subsection, "primary consideration" means that an assessment and services must commence within 72 hours after referral to the agency or as established in accordance with agency contracts by local protocols developed between agency service providers and adult protective services. J. Outcome Achievement 1. Area agencies will assign the provider legislatively approved outcome measures. A4f'n N A 8 ha,_ Jug! 2 Z 19 93 P�. L 7/1/99 CCE 302.203.99 COMMUNITY CARE FOR THE ELDERLY PROGRAM ATTACHMENTI 2. Area agencies will track outcome achievement on a monthly basis. Technical assistance will be provided to service providers when achievement levels drop I% or more from the assigned outcome measures. Corrective action will be required specifying actions the providers will take to bring achievement levels up to assigned amount if achievement drops 2% or more. K. Care PIans Care plans will be costed out for each client. Projected costs will be provided to fiscal offices to manage resources and compare to actual expenditures for the provider. A7 1 G_ 9 "° -_L`�) -�7 JUN 1 L " :u09 P JL 7/1/99 CCE 302.203.99 COMMUNITY CARE FOR THE ELDERLY PROGRAM ATTACHMENT H CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT Submit to Agency Report On This Number Month Based On Date 1 July Advance* July 1 2 August Advance* July 1 3 September July Expenditure Report August 10 4 October August Expenditure Report September 10 5 November September Expenditure Report October 10 6 December October Expenditure Report November 10 7 January November Expenditure Report December 10 8 February December Expenditure Report January 10 9 March •7anuary Expenditure Report February 10 10 April k,ebruary Expenditure Report March 10 11 May March Expenditure Report April 10 12 June April Expenditure Report May 10 13 July Adv. Recon. ** May Expenditure Report June 10 14 Aug. Adv. Recon. ** June Expenditure Report July 10 15 ** Final Request for Payment August 15 16 ** Closeout Report September 1 Legend: * Advance based on projected cash need. ** Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the agency, payment is to accompany the report. Note # 1: Report #1 for Advance Basis Contracts cannot be submitted to the Agency prior to July 1 or until the contract with the agency has been executed. Actual submission of the vouchers to the State Comptroller is dependent on the accuracy of the expenditure report. Note # 2: A final request for payment may be submitted to the agency by the provider up to 45 days after the contract has ended. Note # 3: The last two months of the provider's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first two months of the contract. 10 Alter ci t. rm - � NC. Pg. 7/1/99 PSA 8 CCE 302.203.99 COMMUNITY CARE FOR THE ELDERLY PROGRAM ATTACHMENT III BUDGET SUMMARY Original X Amendment _ PROVIDER: Collier County Board of County Commissioners 1. Lead Agency Operations $ 83,377 2. Case Management $122,657 3. Transportation $ 1,319 5. Total $207,353 SPENDING AUTHORITY: 1. Spending Authority $350,190 2. Emergency Services Set Aside $ 7,481 3. Total $357,671 11 A.2er' i_ •r2� No.1 J U 11 L t ;egg P4� BUDGET AMENDMENT REQUEST COLLIER COUNTY - SERVICES FOR SENIORS 123 FUND TITLE FUND NO. DATE PREPARED 06/09,99 FOR BUDGET/ /FINANCE USE ONLY JE# BAR# A. P.H. DATE TO BCC YES NO PREVIOUSLY APPROVED, BCC AGENDA DATE 6122199 ITEM NO. 16 C (ATTACH EXECUTIVE SUMMARY) EXPENSE BUDGET DETAIL HOMEMAKERS CCE 711199- 6130100 155975 HOMEMAKERS CCE 7/1/99- 6130100 33075 COST CENTER TITLE COST CENTER NO. PROJECT TITLE PROJECT NO EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 512100 REGULAR SALARIES $157,721.00 $0.00 $157,721.00 513100 OTHER SALARIES & WAGES $13,575.00 $0.00 $13,575.00 514100 OVERTIME $4,316.00 $0.00 $4,316.00 519100 RESERVE FOR SALARY ADJUSTMEN $6,800.00 $0.00 $6,800.00 TOTAL HOMEMAKERS CCE 711199- 6130100 155975 HOMEMAKERS CCE 7/1/99- 6130100 33075 COST CENTER TITLE COST CENTER NO PROJECT TITLE PROJECT NO EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 521100 SOCIAL SECURITY MATCHING $14,060.00 $0.00 $14,060.00 522100 RETIREMENT - REGULAR $30,007.00 $0.00 $30,007.00 523150 HEALTH INSURANCE $13,910.00 $0.00 $13,910.00 523160 LIFE INSURANCE $470.00 $0.00 $470.00 TOTAL (CONT'D) COST CENTER TITLE REVENUE OBJECT CODE REVENUE BUDGET DETAIL COST CENTER NO PROJECT TITLE INCREASE REVENUE TITLE (DECREASE) I OF 6 TOTAL CURRENT BUDGET PROJECT NO BUDGET AMENDMENT REQUEST COLLIER COUNTY - SERVICES FOR SENIORS 123 FUND TITLE FUND NO. DATE PREPARED: 06/09/99 PREVIOUSLY APPROVED.. BCC AGENDA DATE 6/22/99 FOR BUDGET /FINANCE USE ONLY BA# JE# BAR# A.P.H. DATE TO BCC YES NO ITEM NO 16 C (' (ATTACH EXECUTIVE SUMMARY) EXPENSE BUDGET DETAIL HOMEMAKERS CCE 711199- 6130100 155975 HOMEMAKERS CCE 711199- 6130100 33075 COST CENTER TITLE COST CENTER NO. PROJECT TITLE PROJECT NO EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 524100 WORKER'S COMPENSATION $1,196.00 $0.00 $1,196.00 634104 PERS /RESPITE /HOMEMAKER SERV $6,528.00 $0.00 $6,528.00 634201 OTHER DP SERVICE CHARGES $200.00 $0.00 $200.00 TOTAL HOMEMAKERS CCE 7/1/99- 6130100 155975 HOMEMAKERS CCE 7/1/99- 6130100 33075 COST CENTER TITLE COST CENTER NO. PROJECT TITLE PROJECT NO EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 640200 MILEAGE REIMBURSEMENT $2,125.00 $0.00 $2,125.00 640300 OUT OF COUNTY TRAVEL $2,150.00 $0.00 $2,150.00 640410 MOTOR POOL RENTAL CHARGES $166.00 $0.00 $166.00 641150 TELEPHONE BEEPERS - BASE COST $230.00 $0.00 $230.00 TOTAL (CONT'D) _REVENUE BUDGET DETAIL COST CENTER TITLE COST CENTER NO PROJECT TITLE PROJECT NO REVENUE INCREASE CURRENT REVISED OBJECT CODE REVENUE TITLE (DECREASE) BUDGET BUDGET OF6 TOTAL BUDGET AMENDMENT REQUEST COLLIER COUNTY - SERVICES FOR SENIORS 123 FUND TITLE FUND NO. DATE PREPARED 061,09/99 FOR BUDGET /FINANCE USE ONLY BA# JE# BAR# A, P.H. DATE TO BCC YES NO PREVIOUSLY APPROVED, BCC AGENDA DATE: 6/22/99 ITEM NO 16 C (7 (ATTACH EXECUTIVE SUMMARY) EXPENSE BUDGET DETAIL HOMEMAKERS CCE 7/1/99- 6130100 155975 HOMEMAKERS CCE 7/1/99. 6/30100 33075 COST CENTER TITLE COST CENTER NO. PROJECT TITLE PROJECT NO EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE _ EXPENDITURE_ TITLE (DECREASE) BUDGET BUDGET 641210 FAX CHARGES $495.00 $0.00 $495.00 641700 CELLULAR TELEPHONE $107.00 $0.00 $107.00 641900 TELEPHONE SYSTEM SUPPORT $4,588.00 $0.00 $4,588.00 641950 POSTAGE, FREIGHT & UPS $1,278.00 $0.00 $1,278.00 TOTAL HOMEMAKERS CCE 74/99- 6/30100 155975 HOMEMAKERS CCE 711199- 6130100 33075 COST CENTER TITLE COST CENTER NO PROJECT TITLE PROJECT NO EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE _ EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 645100 INSURANCE - GENERAL $200.00 $0.00 $200.00 646180 BUILDING R &M - ISF BILLINGS $300.00 $0.00 $300.00 646710 OFFICE EQUIPMENT R & M $831.00 $0.00 $831.00 646910 DATA PROCESSING EQUIP R &M $215.00 $0.00 $215.00 TOTAL (CONT'D) _ REVENUE BUDGET DETAIL COST CENTER TITLE COST CENTER NO PROJECT TITLE PROJECT NO REVENUE INCREASE CURRENT REVISED OBJECT CODE REVENUE TITLE (DECREASE) BUDGET BUDGET 3 OF 6 TOTAL BUDGET_ AMENDMENT REQUEST COLLIER COUNTY - SERVICES FOR SENIORS 123 FUND TITLE FUND NO. DATE PREPARED; 06/09,199 PREVIOUSLY APPROVED. BCC AGENDA DATE 6/22/99 FOR BUDGET /FINANCE USE ONLY BA* JE# BAR# A PH DATE TO BCC YES NO ITEM NO. 16 C ( (ATTACH EXECUTIVE SUMMARY) 33075 PROJECT NO REVISED BUDGET $415.00 $150.00 $2,311.00 $400.00 33075 PROJECT NO REVISED BUDGET $700.00 $500.00 $530.00 $120.00 REVISED BUDGET EXPENSE BUDGET DETAIL HOMEMAKERS CCE 7,11/99- 6130100 155975 HOMEMAKERS CCE 7/1/99- 6130100 COST CENTER TITLE COST CENTER NO PROJECT TITLE EXPENDITURE INCREASE CURRENT OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET 647110 PRINTING /BINDING - OUTSIDE $415.00 $0.00 649990 OTHER MISCELLANEOUS SERVICES $150.00 $0.00 651110 OFFICE SUPPLIES - GENERAL $2,311.00 $0.00 651910 MINOR OFFICE EQUIPMENT $400.00 $0.00 TOTAL HOMEMAKERS CCE 7/l/99- 6130/00 155975 HOMEMAKERS CCE 711/99- 6/30/00 COST CENTER TITLE COST CENTER NO PROJECT TITLE EXPENDITURE INCREASE CURRENT OBJECT CODE _ EXPENDITURE TITLE (DECREASE) BUDGET 652510 HOUSEHOLD & INSTITUTIONAL SUPP $700.00 $0.00 652920 COMPUTER SOFTWARE UNDER $750 $500.00 $0.00 654110 BOOKS /PUBLICATIONS & SUBS $530.00 $0.00 654210 DUES & MEMBERSHIPS $120.00 $0.00 TOTAL CONT'D REVENUE BUDGET DETAIL COST CENTER TITLE COST CENTER NO PROJECT TITLE REVENUE INCREASE CURRENT OBJECT CODE REVENUE TITLE (DECREASE) BUDGET TOTAL 4OF6 33075 PROJECT NO REVISED BUDGET $415.00 $150.00 $2,311.00 $400.00 33075 PROJECT NO REVISED BUDGET $700.00 $500.00 $530.00 $120.00 REVISED BUDGET BUDGET AMENDMENT REQUEST COLLIER COUNTY - SERVICES FOR SENIORS 123 FUND TITLE FUND NO. DATE PREPARED: 06 /09/99 PREVIOUSLY APPROVED, BCC AGENDA DATE', 6/22/99 HOMEMAKERS CCE 711199- 6130,100 FOR BUDGET!FINANCE USE ONLY BA# JE# BAR# A.P H. DATE TO BCC YES NO ITEM NO. 16 C (ATTACH EXECUTIVE SUMMARY) __ EXPENSE BUDGET DETAIL 155975 HOMEMAKERS CCE 7/1/99.6/30/00 COST CENTER TITLE COST CENTER NO EXPENDITURE OBJECT CODE EXPENDITURE TITLE 654310 TUITION 654360 654370 OTHER TRAINING /EDUCATIONAL ORGANIZATIONAL DEVELOPMENT PROJECT TITLE TOTAL INCREASE CURRENT (DECREASE) BUDGET $300.00 $0.00 $359.00 $0.00 $50.00 $0.00 33075 PROJECT NO REVISED BUDGET $300.00 $359.00 $50.00 5OF6 TOTAL COST CENTER NO PROJECT NO COST CENTER TITLE PROJECT TITLE EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 764900 DATA PROCESSING EQUIPMENT $4,950.00 $0.00 $4,950.00 $272,253.00 TOTAL REVENUE BUDGET DETAIL HOMEMAKERS CCE 7/1/99- 6130100 155975 HOMEMAKERS CCE 7/1/99- 6/30/00 33075 COST CENTER TITLE COST CENTER NO. PROJECT TITLE PROJECT NO REVENUE INCREASE CURRENT REVISED OBJECT CODE _ _ REVENUE TITLE (DECREASE) BUDGET BUDGET 334675 CARE FOR ELDERLY 7/99 -6/00 $207,353.00 $0.00 $207,353.00 969060 - 483001 -33075 CONTRIBUTIONS FROM GEN FUND $64,900.00 $0.00 $64,900.00 $272,253.00 TOTAL 5OF6 EXPLANATION HY FUNDS ARE NEEDED: Funds are needed to provide in -home support services consisting primarily of case management homemaking, personal care respite medical transportation and information services through the encouragement and management of family -type living arrangements in private home settings as an alternative to nursing home care for low income frail elderly residents of Collier County. WHERE ARE FUNDS AVAILABLE: Revenue in the amount of $207,353 is available through a State funded grant referred to as the Community Care for the Elderly (CCE) program. Collier County Services for Seniors has been awarded the funding for the contract period beginning JULY 1, 1999 to JUNE 30, 2000. Additional revenue in the amount of $64,900.00 has been budgeted and is available from Collier County as matching funds. REVIEW_ PROCESS INPUT BY B A NO. rORM NO CC004 10,11/90 6OF6 DATE: COST CENTER DIRECTOR: 9 DIVISION ADMINISTRATOR: �j ,cn BUDGET DEPARTMENT: AGENCY MANAGER: FINANCE DEPARTMENT: CLERK OF BOARD ADMIN.: INPUT BY B A NO. rORM NO CC004 10,11/90 6OF6 EXECUTIVE SUMMARY AUTHORIZATION FOR THE CHAIRWOMAN TO EXECUTE A LEASE AGREEMENT WITH A SELECTED PROVIDER FOR CLINIC SPACE IN BUILDING «H ►, OBJECTIVE: To provide continuing clinic services through the Public Health Department with as little interruption as possible. CONSIDERATIONS: The County Public Health Department staff is attempting to develop an agreement with another provider for OB /Gyn - prenatal services to be provided from Building "H ". Although a provider has not as yet been finalized, it is requested that in an effort to limit the interruption to the public to the greatest extent possible, that the Chair be authorized to execute a lease given that it contains the same basic tenets as the existing lease (copy attached), and prior to execution will be reviewed by both the Risk Management Department and the County Attorney's Office. It is anticipated that the provider will be offering direct health care through an agreement with the State's Public Health Department as is done today. Resultantly the only participation that the County would have directly with the provider would be through the provision of the building space. This space has been used as a public clinic since the building was originally constructed, and regardless of the entity actually providing the space, no rent has been charged. The entity through its lease with the County, has and will be required to carry appropriate insurance coverage, hold the County harmless and provide indemnification. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact that will result from the requested action. While it is an allowable discretionary element there is no public health component within the County's Comprehensive Plan. FISCAL IMPACT: There will be no additional fiscal impact that results from this action. Once a lease is executed, the County through its Public Health Department Budget will continue to support the cost of the electricity and other utilities including janitorial services that are provided. These funds are budgeted and available within the Public Health Department annual budget. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, authorize the Chairwoman to execute a lease agreement with a yet- to -be- selected health care provider for the clinic services within Building "H" following the review and approval of the lease by the Risk Management Department and Office of the County Attorney. Prepared by: Thomas W. 011iff, Publlaprvices Administrator Agenda t Nq, 1999 P 9 Lease #803 THIS LEASE AGREEMENT entered into this /o; day of 1995, between State of Florida Department of Health and Rehabilitative Services, whose mailing address is P.O. Box 60085, 2295 Victoria Avenue, Fort Myers, Florida 33906, 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 33962, hereinafter referred to as "LESSOR ". W I T N E S S E T H 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 the property known as the First Floor and a portion of Second Floor of the Health Building, Collier County Government Center, which shall constitute an area of 32,240 square feet of primary space of which 549 square feet of space will be shared with Collier Health Services, Inc., described in Exhibit "A" which is attached hereto and made a part of this Lease, hereinafter collectively referred to as the "Demised Premises ", for the sole purpose of operating a Public Health Unit. LESSEE acknowledges and agrees that the LESSOR shall enter, use and occupy those areas within the Demised Premises such as entrances, exits, elevators, stairways, common reception areas, utility rooms and delivery areas for the purpose of operating and maintaining the building and in order to access and conduct business in those areas not being leased by the LESSEE. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of ten (10) years, commencing on March 6, 1991, and ending March 5, 2001 ( "Initial Term "). Provided that the LESSEE is not in default under any of the terms of this Lease, this Lease shall automatically be renewed on the tenth (10th) and twentieth (20th) anniversary of this Lease each for a term of ten (10) years ( "Renewal Term "), all without lapse whatsoever, unless one party gives the other party written notice to t„rnlnacc ninet, (90) days prior to the termination date of the Initial Term or the Renewal Term 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. ARTICLE 3. Rent In lieu of rent payments for the Demised Premises, LESSEE shall provide health care and health care related services for residents and visitors of Collier County. ARTICLE 4. Other Expenses and Charges LESSOR shall pay for all janitorial services and building maintenance concerning the Demised Premises. LESSOR shall provide utility service to the Demised Premises and LESSEE shall pay all charges pertaining to the Demised Premises including, but not limited to charges for telephone (local and long distance), gas, electricity, light, heat and air conditioning rendered and supplied thereupon or in connection with the Demised Premises. LESSEE shall pay for said utility costs through use of Health Unit allocated funds in County Budget Fund 001 Cost Center 155810 as long as funds are available for this purpose. Until such time that those funds allocated to the Health Unit may not be available through said County Budget and Cost Center, LESSOR shall invoice LESSEE on a monthly basis for those utility costs and shall be paid by LESSEE in full within thirty (30) days from receipt of LESSOR'S invoice. Page 1 - A enl tt JUN z 1 1999 p g .--.,g! ART 5. Modifications to Demised Premise 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. LESSEE covenants and agrees in connection 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, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become the property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove additions, improvements, alterations, fixtures and iustallations .:hich 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 LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or providing janitorial service therein, and for the purpose of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 7. Assignment and Sub LESSEE covenants and agrees not to assign this Lease or to sublet or allow use of 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 or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of services 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 The LESSEE is a state agency, as defined in section 768.28, Florida Statutes, and agrees to be responsible to the limits set forth in section 768.28, Florida Statutes, for its negligent acts or omissions or tortious acts which result in claims or suits against the LESSOR caused by acts of the LESSEE. Pursuant to 768.28, Florida Statues (1994 Supplement), LESSEE may not increase the limits of its liability in this Agreement with the LESSOR. Further, the parties are aware of no specific authority vested in LESSEE that would permit LESSEE to indemnify or hold the LESSOR harmless from liability. Nonetheless, LESSEE will required its contractors, construction manager, architects and engineers to be fully responsible for their negligent acts or omissions or tortious acts which result in claims or suits against the LESSOR. Nothing herein is is intended to serve as a waiver of sovereign immunity by the LESSEE to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parities in any matter arising out of any contract. Agenda No Page 2 - JUN 2 Z 1999 ARTICLE 9. Insurance -- LESSEE shall provide and maintain general liability and property liability insurance policy(ies) pursuant to the provision of the Florida Insurance Risk Management Trust Fund and pursuant to the provisions of Florida Statutes 768.28 during the term of thi: Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No /100 Cents ($100,000.00) each accident. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 33962, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring thirty (30) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. The LESSEE acknowledges and agrees that no changes or cancellations to the insurance coverage will occur without thirty (30) days prior written notice to Lessor. Lessee's insurance provider will be responsible for notifying the Lessor directly of any changes related to insurance coverage. Lessee shall also ensure that the insurance coverage provided in accordance with this agreement shall require that the company or companies writing such insurance policy(ies) shall provide to Lessor written notice of cancellation thirty (30) days prior to the proposed cancellation. 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 The LESSEE, at its sole cost, shall repair damages caused to the Demised Premises caused by the negligent acts of the LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. The LESSEE, at its sole cost, sha:1 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). In the event of the occurrence of a default, 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. - Page 3 - Agen t No J U N 2 1 1999 pg. 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. 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. LESSOR: LESSEE: Board of County Commissioners State of Florida Department of c/o Real Properly Mgmt. Dept. Health and Rehabilitative Services 3301 Tamiami Trail East District Administrator's Office Administration Building P.O. Box 60085 Naples, Florida 33962 2295 Victoria Avenue Fort Myers, Florida 33906 cc: Office of County Attorney cc: Collier County Public Health Unit Director Public Services Administrator ARTICLE 14. Surrender of Premises At the time LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements thereof, unless otherwise agreed upon as specified in Article 5 of this Lease, or its earlier termination as herein provided. The Demised Premises shall be 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 be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successors and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or a— Intenaace of it:iSOR'S standard operations where other operations share common facilities. (a) 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 Concerns LESSEE hereby agrees to dispose of all medical waste and hazardous materials in a method which conforms with all federal, state and local ordinances and laws pertaining to the removal, disposal and /or storage of such materials. LESSEE assumes full responsibility for failure to conform and comply with all federal state and locals laws and ordinances relating to the removal, disposal and /or storage of all garbage and trash located on the Demised Premises. Agend t m' Page 4 - NO •� JUN 2 1, �a3 pg. ____? -- _ t ARTICLE 17. 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 18. Extent of Liens 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 19. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 20. Governing 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: y / ATTEST: BOARD OF COUNTY :OMMISSIONE S DWIGHT E. BROCK, Clerk COLLI FLORI BY: Deputy erk ETTYE J. MA HEWS, Chair an AS TO LESSEE:,. ' DATED: �I-? ? /,i( WITNESS si at - errs (print name) TNES ( K'atu e) 1' Q c e- 01(Q r .n (print name) STATE OFF FLORIDA, DEPARTMENT OF PHILIP L. DORSEY, District Administrator District Eight LESSOR: LESSEE: Approved as to form and Approved as to form and le,.va-,l suffic enc legal sufficiency: '9CA Heidi F, shton Susan Scott Assistant County Attorney District Eight Legal Council Agen rnV N0. tf; - Page 5 - JUN2f_ , 1 . _ _� EXHIBIT "A" PACE 1 1 COLLILR COUNTY COVLRNMENT COMPLEX HKALTII UL•'PARTME'NT UUILUING 3301 EAST TAMIAMI TRAIL, NAPLES, FLUk1UA 3396Y NOT INCLUDED IN DEMISE'D Pki..•1 -1 Shared Space with Collier Ha,: Services, Inc. DEMISEU Pk1-:M1SI:S: 20,805 Square FLet 549 Square F1'et to be slier li with CHS1 I i (Shared area included above figure. Common ® included in First flo calculation) k xP� X x x y� X Ix x MH �Y r x = x , mot, �•• r� 5 - _ �.._ �- 7i E N end . Z Z 1999 . L•A III bl1 "A" • PAGE 2 COLLIER COUNTY GOVERNMENT COMPLEX HEALTH DEPARTMENT BUILDING 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA Demised Premises: 11,435 Sq. P No. / 44 JUN 2 2 999 Pg. EXECUTIVE SUMMARY AUTHORIZATION OF AN AGREEMENT WITH THE COLLIER COUNTY VETERINARY SOCIETY, INC. TO PROVIDE REDUCED COST EMERGENCY ANIMAL MEDICAL SERVICES, PHYSICALS AND NEUTER/SPAY OPERATIONS FOR ANIMALS HANDLED BY THE COLLIER COUNTY DOMESTIC ANIMAL SERVICES AND ANIMAL LICENSE SALES THROUGH AREA VETERINARIAN CLINICS. OBJECTIVE: To provide consistent reduced cost for emergency medical treatment and spay /neuter fees for animals treated or adopted from the Collier County Domestic Animal Services. This agreement also establishes the sale of Collier County animal licenses at all local veterinary clinics. CONSIDERATIONS: By entering into this agreement Collier County benefits in several ways. Collier County animal licenses are required by law for dogs and cats. This agreement establishes over 30 locations for animal licenses to be purchased by pet owners. Florida State Statute require all animals adopted from a shelter in Florida be spayed or neutered. This agreement helps provide compliance with that statute at the lowest possible cost at over 30 locations County -wide. Lastly this agreement provides a required 25% reduction for medical treatment provided by all Collier County Veterinarians to Collier County Domestic Animal Services resulting in a savings for emergency medical fees. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: There is no direct fiscal impact associated with this contract. Collier County animal license sales did generate $99,500.00 during fiscal year 1997 -98. RECOMMENDATION: That the Board of Collier County Commissioners authorize the Chairwoman to execute an agreement between Collier County and the Collier County Veterinary Society, Inc., following review and approval of the County Attorney's office, for the provision of emergency animal medical services, ph�ls, neuter /spay operations, and license sales. Jodi M relock,jYirector Collier'.County Domestic Animal Services Department Approved ka4L Thomas W. 011iff, A nistrator Public Services Date: Agtnd t M9 No. JUN 2 21999 AGREEMENT THIS AGREEMENT, made and entered into on this day of , 1999, by and between the Collier County Veterinary Society, Inc. hereinafter called the "Contractor", and Collier County a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The respective Contractor shall commence the work immediately after receiving a written Notice to Proceed from the County. The contract shall commence on the date first written above. 2. STATEMENT OF WORK: Subject to the specifics of this Agreement, the Contractor shall provide neuter, spay and general physical services in accordance with the general terms and conditions as follows: A. Services must be provided by a veterinarian, licensed to practice in the State of Florida, and possess a valid Collier County occupational license. B. Contractor must perform all surgeries in a location that is licensed and equipped to perform neuter and spay surgeries. C. Contractor must hold all animals received from the Department in indoor, covered, clean kennel facilities, with fresh water and food each day. D. Contractor must be available 24 hours a day, seven (7) days per week for emergencies that result from complications of any neuter -spay surgery performed or have arrangements made with other local veterinarians to handle such emergencies. E. Contractor must support and sell animal licenses through his/her practice. F. Contractor must provide Insurance (requirements specified in Paragraph 12 of this Agreement). G. Contractor must perform surgeries on all animals adopted (16 weeks and older). H. The general physical shall include occult heartworm test or combination leukemia/AIDS test. The neuter or spay procedure shall not be performed on any animal diagnosed with heartworm or leukemia without prior approval of the adopter. Contractor must provide the Animal Services Department with a monthly invoice for surgeries performed at the rate established. Each invoice will require a list of adoption numbers for each animal. The County wment Agenda I Na. / AN Z L 11999 policy is to provide payment within thirty (30) days of receipt of a correct invoice. 3. THE CONTRACT SUM. The County shall pay for the performance of this Agreement an aggregate of the units actually ordered and furnished at the unit price. The initial exam fee shall not exceed $15.00 which that amount shall be included in the neuter and spay prices as shown below: Canine neuter $65.00 Canine spay 75.00 Feline neuter 45.00 Feline spay 60.00 The Fifteen Dollar ($15.00) fee for the initial exam shall be charged when the Animal Services Department requests a physical for health problems or for an adopted animal already neutered or spayed. 4. TERM. This contract will commence on the date first written above and shall be in effect for a period of five (5) years. 5. CONTRACT RENEWAL. The County retains the right to renew this contract, with the consent of the contractor under the same terms and conditions for two (2) additional five -year periods. County shall provide written notice to the contractor not less than thirty (30) days prior to the end of the agreement term if renewal of the contract is desired. 6. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail to the Contractor at the following address: Collier County Veterinary Society, Inc. 3560 North Tamiami Trail Naples, Florida 34103 All notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County at the following address: Collier County Government Complex Purchasing Department — General Services Building 3301 East Tamiami Trail General Services Building Naples, Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. Agenda�I[teeq .i U N 2 2 1999 P9•- — 7. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. B. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10.TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per the specifications and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall use its reasonable discretion in determining non - performance. 11.NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. Age titm MD �I Np_ J U N 2 �,CZ 1999 12.INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractor; Products and Completed Operations and Contractual Liability. B. Professional Errors and Omissions Liability: Limits of $500,000 Per Occurrence. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Contract. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractor comply with the same insurance requirements that the Contractor is required to meet. The same Contractor shall provide County with Certificate of Insurance meeting the required insurance provisions. 13. INDEMNIFICATION. The Contractor/Vendor, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder, except for a claim or claims alleging sole negligence of Collier County. The ContractorNendor obligation under this provision shall be limited to the insurance protection required under the Contract provided the required insurance is in full force. The first Ten Dollars ($10.00) of money received on the contract price is considered as payment of this obligation by the County. 14. PROCEDURE. Once an adoption has been approved, the adopter shall be provided with a list of veterinarians. The list of veterinarians will consist of all participating veterinarians, which are all contractor willing to do spay or neuter procedures for the fees as provided for in this Agreement. r Ager' d It No , 0401 JUN 2 21-1999 P4'�- The adopter will choose a participating veterinarian at the time of adoption and a call will be made from Animal Services to set an appointment, when possible, appointments will be scheduled within two (2) business days of the adoption. The veterinarian will determine when it is medically appropriate to spay or neuter the adopted pet. However, the spay or neuter must be performed within two (2) months of adoption or by sixteen (16) weeks of age, whichever is longer. In the event the adopter does not show up for its spay /neuter appointment, the veterinarian will notify Animal Services and Animal Services will take appropriate action up to and including impoundment of the adopted pet. The appointment time and clinic chosen will be noted on the adoption form. The adopter must at that time pay a deposit as required by Section 823.15, Florida Statutes, for the spay /neuter of the adopted animal. The amount of the deposit will be established by the County. The adopter will be allowed to leave the shelter with the adopted animal after an appointment is set. Adopters will be responsible for transportation of the animal to the clinic for the physical exam and spay /neuter of the animal. The participating veterinarian shall notify Animal Services if the adopter does not keep their appointment for the animal's initial physical exam. Animal Services will take appropriate action up to and including impoundment of the adopted pet. If an animal is adopted on a weekend and the chosen participating veterinarian's office is closed, the appointment will be made on the following Monday. The adopter will contact Animal Services on Monday morning with the appointment information to be recorded on the adoption form. A follow -up will be done by Animal Services on Monday afternoon for any animals adopted without set appointments prior to release from the shelter. In the event an appointment has not been set up by the adopter, Animal Services will take appropriate action, up to and including impoundment of the adopted pet. 15. MEDICAL SERVICES. The veterinarians will provide medical services to Animal Services at a minimum of 25% discount. 16. PRICE ADJUSTMENTS. The prices established herein shall be firm, as a minimum, for a one (1) year period from effective date of - contract. Thereafter, the prices may be adjusted once per year on the anniversary date of the Agreement based on the annual change to the Consumer Price Index - Southern States, under "All Urban Consumers, All Items ", using the latest release available. 17. RELATION OF COUNTY: It is the intent of the parties hereto that each participating Veterinarian shall be legally considered as an independent contractor, and that neither he nor his employees shall, under any circumstances, be considered servants or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said contractor, his servants or agents, resulting in either bodily or personal injury or pro v daMaae to any individual, firm, or corporation. agenda IteV No._ Q JUN 2 2 1999 P9 • -- 18. COMPONENT PARTS OF THIS CONTRACT. This contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Insurance Certificate. 19. THIS AGREEMENT shall be administered on behalf of the County by the Animal Services Department. 20. IT IS FURTHER UNDERSTOOD AND AGREED, by and between the parties herein that this Agreement is subject to fiscal appropriations by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first written above. ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: (Seal) CORPORATE SEAL (Corporations Only) Approved as to form and Legal sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA in Pamela S. Mac'Kie, Chairwoman COLLIER COUNTY VETERINARY SOCIETY, INC. Contractor Signature Typed Signature and Title oft AgendaI [e No._ -I JUN 2 2199 Pg. EXECUTIVE SUMMARY APPROVE THE FINAL RANKING OF ARCHITECTURAL DESIGN FIRMS FOR THE GOLF COURSE / ACTION SPORTS PARK REQUEST- FOR - PROPOSAL, 99 -2916. Objective: That the Board of County Commissioners approve the final ranking of the Architectural / Landscape Design Firms as recommended by the RFP Selection Committee, and authorize staff to negotiate a Professional Services Agreement with the number one ranked firm, J. Roland Lieber, P.A., for professional architectural / landscape design services for a golf course / Off Highway Vehicle trail pursuant to RFP #99 -2916. Consideration: On February 10, 1999, request for proposal were distributed by the Purchasing Department to 122 landscape / golf design architectural firms. Thirty -nine (39) firms requested the full proposal package. Seven (7) firms returned proposals on or before the established deadline of April 9, 1999. The Consultant Selection Committee was empowered by the County Administrator on February 10, 1999 and ranked the respondents as follows: 1. J. Roland Lieber, P.A. 2. Wilson, Miller, Barton & Peek, Inc. 3. IBIS The Consultant Selection Committee ranked J. Roland Lieber higher because of their vast experience with golf course landscape architecture projects as well as a demonstrated understanding of the environmental issues associated with this project. A copy of the Ranking Matrix and the Summary of Significant Factors Forms are attached. Growth Management: None Fiscal Impact: There is no fiscal impact at this time. Recommendation: That the Board of County Commissioners approve the short list as recommended by the RFP Selection Committee for the Golf Course RFP / Action Sports Park and authorize staff to begin negotiations with J. Roland Lieber, P.A. Prepared by: '� / ' r' Date: Murdo Smith, Recreation Manager -� Department of Parks and Recreation Reviewed and Approved by: Date: Marla Ramsey, Director AgCnd t N°- ! 4l U 1N22 +99� Pte. __J__ Department of Parks and Recreation Reviewed and Approved by: Steve Carnell, Director Department of Purchasing Reviewed and Approved by _ Thomas W. 011iff, Admi Division of Public Servi 1 y L te: � - ` ' I e . Agend t No . CO JUN 2 2 1999 P •�_ CONSULTANT SELECTION SUMMARY OF SIGNIFICANT FACTORS FORM RFP #: 99 -2916 RFP TITLE: Architectural Services for Design of a Golf Course Facilitv SIGNIFICANT FACTORS PERTAINING TO SHORTLIST FIRMS: 1. Greater site olannina (Lieber spent more time reviewina the Actual site. 2. More research toward environmental issues. 3. Better qualified golf course architect. 4. Lieber & WMBP both had well- rounded teams. SIGNIFICANT FACTORS TO RANKING OF TOP THREE FIRMS: 1. 2. 3. 4. Cali) Lj wc`l Project Manager Buyer Date 57 Date AgEnra t. m "o � t4j o JUN 2 2 1 ,999 0 X C� Z Z r C) N C6 a) J cn O a a O U. H to W NW LL Z Z (-� a ° `� V1 d' fn LL O W N CD wq z m J Y ga z z m '-1110I�I�Icr)I�I� LL O w cn II\ t, O N O eo Z nv z-; wQ o CL z L z ti 0: LL V .� M �ti LL eua lC LL Z O w U en Z C1 z m -� Y v Q �(L z z O (/) z co M Cant V CD W C Z Ow N Co C� Y� w� Z a 2 g z O V) z In m Q Q z U- D 0 w C7 E E�- W- w < z O LU co a x cn z C cn h •� 0 Ow U N Vi C) w ? C Z mg Y CD cc ME < ` ? 0 Ager�cia t an s V V LL W W O U cn J U N 2 1999 w v LLJ CL z N 2 z Q -p = (4 \ z LL O W to uj M CL z � z IZ '-1110I�I�Icr)I�I� u R G ,C„ � � c u u Np� y c • c x e c c i N L y i � C O L J p y C Ve II\ t, O N O eo d U) nv z-; o �2 o O LL V " C M �ti •� "' eua � v V U u v z � r Cant an c W C u R G ,C„ � � c u u Np� y c • c x e c c i N L y i � C O li LL LL L J p y C Ve II\ t, O N W Q0 eo d U) O o z-; o �2 o O LL V " C t'4 O c W V U u v z J - Cant W O _c c Co p �cc z q� V) Q � E E�- L air +V+ 6� y � L C cn li LL LL L J p y C Ve II\ t, O N W Q0 eo d U) O o z-; o 4- O CD C W o� z 1 m L C z U- L, W i �C[ �2 o O LL V " C t'4 O c W V U u v J - Cant W O _c c Co p �cc V) LL V) E E�- L air +V+ 6� y � L C cn p W C C c „ c CD cc a s Ager�cia t an .wo m J U N 2 1999 FW- z L RFP ##99 -2916 "Architectural Services for Design of a Golf Course Facility', NAME OF FI:�I v" n # C y h ------------------------------------------------------------------ Firm's Credentials j r L�A v Firm's :_: _ r each to Scc- e 4th -o r--i �N� of Se \ ce_ {� �c %\rA,tu 25 Poi-: =s i� iP, I 20 IF Qualific: =_c-s of Persons vo ob I v� r? s s r cr_E Project &oLY, c- Selection Comr-:it=Ee Member's Sicnature JUN 2 2 ;fi g '� - 0� =ycE �cca =_on CCndit_Cn5 and 1nStruC = =CnS � _ _ o6A 4- I 4ri 4 --7 Z -3 I- RANKING FIRST FIRM i �n SECOND FIRM tt THIRD FIRM Late P Selection Comr-:it=Ee Member's Sicnature JUN 2 2 ;fi g RFP #99 -29 "Architectural Services f r Design . AME OF FIRM -------------------------------- Fir:n' s Credentials 15 PCL. r -ts 16 of a Golf Course Facility" 4a 5 Fir-11's Approach tc Sccp e Of Services 1' ay 25 Points Qualifications of Perscns! Ass-Qned to Project I �y 20 po___ tc meet all _•= _ j Conditions and i ns 7ructi ons TOTAL lV lL) !✓ (ll J� i Ccm�le_e Pro-ects c. Wi i --me and - ' -n 1 T^ _U 0 Gf�ice Locaticr: 5 Points 3 y tc meet all _•= _ j Conditions and i ns 7ructi ons TOTAL O FIRST FIRM SECOND FIRM THIRD FIRM RANKING Selection Committee Member's Sic-nature P.gEna� I ,SUN 2 'Z 1,9 RFP #99 -2916 "Architectural Services for Design of a Golf Course Facility" NAME OF FIRM �\ I ------------------------------------------------------------------ ------------------------------------------------------------------ Firm's Credentials 15 Points � I Firm's Approach to Scc�_e of Services 25 Points Qualifications of Persons I Assigned to Project 20 Points Previous Performance cn /%� Similar icbs and".. l I V 1 Reference Checks -- —t-- I 20 Po_ :cs Firm's Ability to Complete Projects on Time and Within Budge_ 10 Points Office Location i 5 Points Ability to meet all P.: Conditions and instructions 5 Points TOTAL 9-7 95 i I RANKING FIRST FIRM 0 1:, Xlri Nl i 6 �P-Q nDbyi✓1S SECOND FIRM I 2okind L 12flUP_ THIRD FIRM t a i S l.� yGVI�S Q `has h� Se ii;n C ittee Member's Signature .i U N 2 2 1999 Ny.�� be - RANKING FIRST FIRM Z /e, �p SECOND FIRM /SG) e) THIRD FIRM I -�.et . , Select ttee MErnher' s signature Ages;S t m No...l,� _1�1 JON 2 Z 09 RFP #99 -2916 "Architectural Services for Design of a Golf Course Facility" NAME OF FIRM Firm's Credentials � 15 Points Firm's :_Ccrcach to Sco_ e of Services 25 Points Qualifications of Persor.s! ;lssiQnEC to FrojecC ^0 PrZV_CL:S FE_ = crmance on c I_•,_ 1-r ich s ana Reference Ccrole -e Fr ,eccs cr. a G Vii it - -=- - „-dge: f— Office L:cca on Conditions and inStruc:_i cns TCTP. 1,57 (,57 3 ! �D �o be - RANKING FIRST FIRM Z /e, �p SECOND FIRM /SG) e) THIRD FIRM I -�.et . , Select ttee MErnher' s signature Ages;S t m No...l,� _1�1 JON 2 Z 09 RFP #99 -2916 "Architectural Services for Design of a Golf Course Facility, NAME OF FIRM b zea/!31 Firm's Credentials _5; Po_nts ! I 1 J Firm's Approach to Sccc_e of Services "5- 22 Points Qualifications of Persons' Assigned to Project tints i Performance on S__.,__ar Jchs and __eference Checks A�_llty tc Ccmpleze Projects on rr 0-f:_ce Locat,on C I V 5 Points = _1, =,J to meet a! tt= _ Conditions and '__ ^_Structlons P intS TCTAZ � <i� z� -7G i I FIRST FIRM SECOND FIRM THIRD FIRM RANKING Selection Committee Member's Sic-nature Age i'iG' $a1' so , 71 /0 JUN 2 1 1999 RFP #99 -2916 "Architectural Services for Design of a Golf Course Facility,, NAME OF FIRM ------------------------------------ Firm's Credentials 1 Pc n t s Firm's Az_croach to Sccze of Services j 5 Points :. Qualifications of Persons ?ss_cned to Projecz J Obs and `.= = =-=nCe Ch eels -- Cor- ,:c_e_e Projects cn G= =ice Lccacion C7 J I� I ...� to meet all Condit =cr_s and i nstruczi or_s TOT:_:_, �Z I L� RANKING FIRST FIRM i�b�� "S L ie-�o 2 SECOND FIRM �� � � < i THIRD FIRM -L U ►-� �' �.-- -- �r7 Selection Committed Member's Signature Age d 7,9 RFP #99 -2916 "Architectural Services for Design of a Golf Course Facility" NAME OF FIRM i ------------------------------------------------------------------ ------------------------------------------------------------------ Firm's Credentials 15 Fo;__..s Firm's Ap7crcach to Sccce i of Services 25 Poi _ts Qualifications of Persons Assicr_ea to Project Abili t'.r to meet all R=? Condi -ions ana i n -, t-rlir7i nrq TOTAL FIRST FIRM SECOND FIRM THIRD FIRM M RANKING r 7 w. �7, A& L Selection Committee is Signature 20 Points 4QQrF � Previous Per fermance Similar voL'S and Reference Checks I 20 Points Fi=' s to ComDleze Pro] ectS on Time and ,i i t.! in 3 d a e _ i 10 poi-- C71 Office Location I 5 points Abili t'.r to meet all R=? Condi -ions ana i n -, t-rlir7i nrq TOTAL FIRST FIRM SECOND FIRM THIRD FIRM M RANKING r 7 w. �7, A& L Selection Committee is Signature JUN 1 1 4QQrF � P —=+- F--'=-,'s Azzrcach to Sccce cf services 2 -; Pointe Qualifications of Perscnsl Assigned to Project lg RFP #99-2916 1-7 "A.rchitectural Services for Design of a Golf Course Facility- Conditions anc --zruc7 ons NAME OF FIRM lu c-*,-*I=- icbs and 755 Fi=ls Credentials D o -I'. n -L- S F--'=-,'s Azzrcach to Sccce cf services 2 -; Pointe Qualifications of Perscnsl Assigned to Project ce j-.ccatl.on -to lg 15 1-7 _1i me e all R P Conditions anc --zruc7 ons cus Performance on c-*,-*I=- icbs and 755 Pefe--ence Checks D 7, Cc=!-e::e Projects on -- i m E and W i th- i r, B d=e z Li Cl 9 ce j-.ccatl.on -to _1i me e all R P Conditions anc --zruc7 ons 755 RANKING FIRST FIRM SECOND FIRM THIRD FIRM 5"iftf 66 (3 sEaecticn committee Member' s E-Janature A t, rn N -4�41 C J U N RFP #99 -2916 "Architectural Services for Design of a Golf Course Facility" NAME OF FIRM c ' Firm's Credentials 15 Points i� ! Firm's Ancrcach to Scone of Service=_ I 25 Points Qualificat_cr_s of Persons I Assigned to Project %0 Points ! � Previous Performance cn C i iii l ar ic:. 5 a--.d Reference Checks 1 c 20 Points Firm's Pb_ i tv to Cem -olete Projects o G, T-.me and 10 Points Office Lccat_c —. 5 Points ! Ability to rreet al! RF ? i Conditions and instructions t- S 5 Points TOTAL I 1y �3 RANKING FIRST FIRM SECOND FIRM THIRD FIRM Selection Committee Member's Signature Agenda T F �'�o JUN 2 2 199-5 APPROVAL AND EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEES OBJECTIVE: Approval and execution of satisfactions of notice of promise to pay and agreement to extend payment of water and /or sewer system impact fees CONSIDERATIONS: The Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water /Sewer District of Collier County, Florida, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: SEE ATTACHED EXHIBIT A Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Payment in full of these Agreements increases the cash flow in Collier County's water impact fee fund by $900.00, and the sewer impact fee fund by $190,987.88 The fiscal impact for recording the Satisfaction of Liens is approximately $480.00 which is to be charged to the Department of Revenue. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the chairwoman to execute each satisfaction. To acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled, and to direct the Clerk of Circuit ourt of Collier County to cancel the same of record. Prepared by: % X Date: Gary Mo co, Revenue Supervisor Depa ent of Revenue Reviewed by: Teresa A. Riesen, Revenue Manager Department of Revenue Reviewed by: ��'` Jo n Yonkosky, ''rector Department of Re nue Approved by: Leo Ochs Jr., Administrator Support Services Date: Date: i i Date: MA 'ITEM No.--,— JUN 2 2 1999 Pq. EXHIBIT A 1. Louis Weston and Anita Weston, Husband and Wife securing the principal balance of One thousand five hundred dollars and thiry cents ($1,500.30) plus accrued interest. 2. Jill Ison Weeks and Billie Weeks, Husband and Wife securing the principal balance of One thousand five hundred dollars and thiry cents ($1,500.30) plus accrued interest. 3. Michael K. Schuh, a single person securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 4. W. Gary Sanders and Cassandra A. Sanders, husband and wife securing the principal balance of Two thousand eight hundred forty four and seventy eight cents ($2,844.78) plus accrued interest. 5. Margaret Riffle, Widow of John R. Riffle securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 6. Roy Scott Ramnick and David T. Huff securing the principal balance of Four thousand four hundred dollars ($4,400.00) plus accrued interest. 7. Martin C. McGill and Betty L. McGill, husband and wife securing the principal balance of Two thousand three hundred sixty three dollars and eighteen ~— cents ($2,363.18) plus accrued interest. 8. Martin McGill and Betty McGill, husband and wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 9. Michael L. McEndre and Tammy S. McEndre, Husband and Wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 10. Rockland David Lester and Norma Anne Lester, husband and wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 11. Agustin Lambert and Zonia Z. Lambert, husband and wife securing the principal balance of One thousand two hundred fifty nine dollars and sixty six cents ($1,259.66) plus accrued interest. 12.John G Hughes and Sharon K. Hughes, Husband and Wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 13. Herbert L. Hunter, Widower of Pearl Hunter securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 14. Nick Hook and Frances T. Hook, Husband and Wife securing the principal balance of One thousand one hundred dollars ($1,100.00) plus accrued interest. 15. David E. Beatty and Debra R. Beatty securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. AGE ND ITEM No. J U N 2 2 1999 Pg. oL 16.A H & M B Corp., a Florida Corporation securing the principal balance of Nine thousand eight hundred dollars ($9,800.00) plus accrued interest. 17. Lino E. Cruz and Olga Cruz, Husband and Wife as an estate by the entirety. securing the principal balance of One thousand seven hundred forty one dollars and twenty six cents ($1,741.26) plus accrued interest. 18. Keith Claassen, a married man securing the principal balance of One thousand two hundred fifty nine dollars and sixty six cents ($1,259.66) plus accrued interest. 19. Ray W. Miller and Ann C. Miller, husband and wife securing the principal balance of One thousand two hundred fifty nine dollars and sixty six cents ($1,259.66) plus accrued interest. 20. John Johnson and Dorothy Johnson, husband and wife securing the principal balance of One thousand two hundred fifty nine dollars and sixty six cents ($1,259.66) plus accrued interest. 21. Constance J. Bresee securing the principal balance of One thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. 22. James Joseph Grant, Jr. a married person securing the principal balance of One thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. 23. Ray J. Legris and Ellen C. Legris, husband and wife securing the principal balance of Two thousand six hundred three dollars and eighty two cents ($2,603.82) plus accrued interest. 24. Robert Dale Reynolds securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 25. Winifred T. Pike "Seller" Leon Peeples, "Buyers" securing the principal balance of One thousand two hundred fifty nine dollars and sixty six cents ($1,259.66) plus accrued interest. 26. Barbara S. Parks, a single woman securing the principal balance of Two _ thousand three hundred sixty three dollars and eighteen cents ($2,363.18) plus accrued interest. 27. David J. Neill and Debra Marie Neill, Husband and Wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 28.Aribel Gonzalez and Elsie Gonzalez, Husband and Wife securing the principal balance of Eight thousand eight hundred dollars ($8,800.00) plus accrued interest. 29. Wayne Exum and Sandra R. Exum, husband and wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 30. Joseph F. Cottage and Corrine A. Cottage, husband and wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 31. Michael E. Auer and Laurie A. Auer, Husband and Wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. AGENOL Em J U N 2 2 1999 Pg. 32. Wesley B. Brokopp and Joyce G. Brokopp, husband and wife securing the principal balance of Three thousand seven hundred seven dollars and thirty four cents ($3,707.34) plus accrued interest. 33. James Mootispaw and Dixie Mootispaw, husband and wife securing the principal balance of Two thousand six hundred four dollars and sixty cents ($2,604.60) plus accrued interest. 34. Edward R. Galli securing the principal balance of Two thousand eight hundred ninety one dollars and seventy eight cents ($2,891.78) plus accrued interest. 35. William Nelson Parry, a single person securing the principal balance of One thousand three hundred forty dollars ($1,340.00) plus accrued interest. 36. Erwin W. Stoddard and Betty J. Stoddard, husband and wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 37. Juan L. Oviedo, Trustee, under Land Trust Agreement securing the principal balance of Five thousand eight hundred eighty dollars ($5,880.00) plus accrued interest. 38. Rubin Alzamora and Emrick Palazzo, d /b /a R & R Investments securing the principal balance of One thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 39. James J. Jesella securing the principal balance of One thousand sixty nine dollars and seventy cents ($1,069.70) plus accrued interest. 40.Juan G. DeLeon and Rosa M DeLeon husband and wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 41. Ray J. Hill and Phyllis Jean Hill, husband and wife securing the principal balance of Two thousand eight hundred forty four dollars and seventy eight cents ($2,844.78) plus accrued interest. 42. David Taylor Huff and Laurel Hope Huff, husband and wife as to an undivided 1/2 interest and Scott Ramnick, a single man, as to an undivided 1/2 interest as tenants in common securing the principal balance of Two thousand six hundred three dollars and eighty two cents ($2,603.82) plus accrued interest. 43. Gerald D. Jolly and Dorothy S. Jolly, husband and wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 44. Leo F. and Marilyn W. Malinowski, husband and wife securing the principal balance of One thousand seven hundred forty one dollars and twenty six cents ($1,741.26) plus accrued interest. 45. Hilaria Mercado, an unremarried widow securing the principal balance of One thousand two hundred fifty nine dollars and sixty six cents ($1,259.66) plus accrued interest. 46. Roy Scott Ramnick and David T. Huff securing the principal balance of Two thousand two hundred dollars ($2,200.00) plus accrued interest. �-- 47. George T. Ryal and Phyllis Ryal, husband and wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500 plus accrued interest. AGE NI "NO. - J U N 2 2 1999 Pg. 48.Jeffrey R. Smith and Ann E. Smith, husband and wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 49. Roberto R. Rodriguez and Evelio Rodriguez, Father and Son securing the principal balance of Four thousand five hundred seventy dollars and twenty two cents ($4,570.22) plus accrued interest. 50.Charles Gregory Sowers securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 51. Marion Ireland, Jr. and Esther B. Ireland, sellers John M. Stevens and Judy A. Stevens, buyers securing the principal balance of One thousand two hundred sixty five dollars and sixteen cents ($1,265.16) plus accrued interest. 52. Robert H. Williams and Sandra L. Williams, husband and wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 53. William D. Winans and JoAnn E. Winans, Husband and Wife securing the principal balance of One thousand two hundred fifty nine dollars and sixty six cents ($1,259.66) plus accrued interest. 54. James S. Merrow and Michelle A. Merrow, husband and wife securing the principal balance of One thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. 55. Norman Lee Smith and Elsa I. Smith, husband and wife securing the principal balance of One thousand two hundred fifty nine dollars and sixty six cents ($1,259.66) plus accrued interest. 56. Mike Pike and Winifred T. Pike, Husband and Wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 57. Estella Morroni, a single woman securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 58. Gary John Edgington and Deborah A. Edgington, husband and wife securing the principal balance of One thousand two hundred fifty nine dollars and sixty six cents ($1,259.66) plus accrued interest. 59. Carol Jean Slaten, divorced securing the principal balance of One thousand two hundred fifty nine dollars and sixty six cents ($1,259.66) plus accrued interest. 60. Donald Wayne Cantrell and Wanda K. Cantrell, husband and wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 61. Wallace J. Stone Jr., and Kay C. Stone husband and wife securing the principal balance of Two thousand three hundred sixty three dollars and ninety cents ($2,363.90) plus accrued interest. 62. Phillip A. Marrone and Anna Maria Marrone, Husband and Wife securing the principal balance of Twenty seven thousand four hundred sixty dollars ($27,460.00) plus accrued interest. AGENDA ITEM NO._ J U N 2 2 1999 Pg. 63. Gary S. Arnold and Karen D. Arnold, Husband and Wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 64. Rae Crowder, a single woman securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 65. Maydell V. Des Rocher securing the principal balance of One thousand seven hundred forty one dollars and twenty six cents ($1,741.26) plus accrued interest. 66. R. Joyce Douglas, a single woman securing the principal balance of Two thousand three hundred sixty three dollars and eighteen cents ($2,363.18) plus accrued interest. 67. Thomas A. Elliott and Judith M. Elliott, husband and wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 68. Ismael Gonzalez and Maria T. Gonzalez, husband and wife securing the principal balance of Five thousand eight hundred eighty dollars ($5,880.00) plus accrued interest. 69. securing the principal balance of One thousand two hundred fifty nine dollars and sixty six cents ($1,259.66) plus accrued interest. 70. Louise Newland, a married woman securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 71. Walter W. Phillips, Jr. and Dorothy M. Phillips, husband and wife securing the principal balance of One thousand two hundred fifty nine dollars and sixty six cents ($1,259.66) plus accrued interest. 72. Darryl A. Weekly, a single person securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 73. William S. Tilbrook and Betty Tilbrook, husband and wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 74. Russell V. Piett, a widower securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 75. Kevin E. Maguire and Tonia Maguire, Husband and Wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 76. William J. Kearns and Rachel P. Kearns, Husband and Wife securing the principal balance of One thousand two hundred fifty nine dollars and sixty six cents ($1,259.66) plus accrued interest. 77. Vicente J. Mazorra and Maria E. Mazorra, husband and wife securing the principal balance of One thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. 78-Al D. Fayard SR., agent for Eloisa G. Fayard securing the principal balance of Two thousand three hundred sixty three dollars and eighteen cents ($2,363.18) plus accrued interest. FAGE 22 1999 Pg. 79.Al D. Fayard SR., agent for Al F. Fayard, JR., and Eloisa Fayard, husband and wife securing the principal balance of Four thousand five hundred seventy dollars and twenty two cents ($4,570.22) plus accrued interest. 80.James A. Elipoulos, a married man securing the principal balance of Two thousand three hundred sixty three dollars and eighteen cents ($2,363.18) plus accrued interest. no. J U N 2 2 1999 Pg. EXECUTIVE SUMMARY 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 OBJECTIVE: 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. CONSIDERATION: Authorize the filing of Liens, for the purpose of receiving compensation for nuisance of abatement on the real property described as follows: SEE EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due under said Liens. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the satisfaction of lien is approximately $108.00 and will be charged to MSTD General Fund – Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Chairwoman to execute the attached 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. SUBMITTED BY: ' Pam Callis, enue Supervisor Depart t of Revenug,— REVIEWED BY: Gc 41 Teresa A. Riesen, Revenue Mana er De mg of v u REVIEWED BY: ��- c John A. onkosky, Digect I iarE le t of revenue APPROVED BY: Leo Ochs, Administrator ^T Support Services Date: Date: Date: -K17 6 ,14�y Date: ! 4 AGEN D HEM J u N 2 /2 1999 Pg.--L- EXHIBIT "A" 1. Dina M Sinning, Folio # 57210200009, Lots 3, Marco Beach, Unit 5 2. Sheila Tempelmann TR, Folio # 58772280003, Lot 56, Marco Beach, Unit 2 3. Elena S Grossi, Folio # 57676400003, Lot 4, Marco Beach, Unit 7 4. Flora Acosta, Folio # 22623480001, Lot 4, Avalon Estates, Unit No 1 5. Palm Foundation Inc., Folio # 67342200006, Lot 14, Pine Ridge 6. Sunbrella Homes Inc, Folio # 36180440004, Lot 3, Golden Gate, Unit 4 7. Sunbrella Homes Inc, Folio # 36180400002, Lot 2, Golden Gate, Unit 4 8. Sunbrella Homes Inc, Folio # 36180480006, Lot 4, Golden Gate, Unit 4 9. Sunbrella Homes Inc, Folio # 36180480006, Lot 4, Golden Gate, Unit 4 10. Sunbrella Homes Inc, Folio # 36180440004, Lot 4, Golden Gate, Unit 4 11. Steven J Miller, Folio # 35986560008, Lot 10, Block 86, Golden Gate, Unit No.3 12. Carol Grant, Folio # 62093600002, Lot 4, Block 6, Naples Manor Addition 13. Susan D Proctor, Folio # 24537280007, Lot 6, Block 20, Bonita Shores 14. Michael & Claudia Schramm, Folio # 69004501203, Lot 120, Phase IV, Queens Park at Lago Verde 15. Steven Miller, Folio # 35986520006, Lot 9, Block 86, Golden Gate, Unit No. 3 16. Leonard J Bubri & Nicholas Karalis, Folio # 57740520000, Lot 15, Block 283, Marco Beach, Unit 8 17. John Pagliaro TR, Folio # 36561280003, Lot 14, Block 281, Golden Gate, Unit 8 18. Patricia Lutheroth de Martinez, Folio # 56879400005, Lot 27, Block 109, Marco Beach, Unit 3 A END %� I EM ,[.�•� JUN 2 2 1999 P9•� EXECUTIVE SUMMARY 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 OBJECTIVE: A Resolution approving the satisfaction of lien for certain residential account wherein the County has received payment and lien is satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATION: Resolution No. 93 -29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. 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 residential properties for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90 -30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached resolution list the 2 accounts that have paid in full for the 1991 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: Recording the satisfaction of liens and resolution is approximately $18.00 and will be charged to Department of Revenue - Special Assessments Fund. GROM TH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Chairwoman to execute the attached Resolution approving the 2 Satisfaction of Liens for the 1991 Solid Waste Collection and Disposal Services Special :Assessments and direct the Clerk of Courts to record same in the Publice Records of Collier County, Florida. SUBMITTED BY: U� Pam Callis, enue Supervisor De of Revenue REVIEVI'ED BY: Teresa A. Riesen, Revenue Manager Department of Revenue REVIE "'ED BY: John A. onkosky, Direct Departm nt of Revenue ... ' APPROVED BY:_ ' �r Leo Ochs, Jr., Admin' rat Support Services Di�'isio}�/ Date: ��\Ck!�' Date: Date: b 7/7 9 Date: 'f' /` A f ND I� E No. J U N 2 2 1999 P9• 2 RESOLUTION NO. 99 - 3 4 5 A RESOLUTION APPROVING SATISFACTION OF LIEN 6 FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL 7 THE 1991 SOLID WASTE COLLECTION AND DISPOSAL 8 SERVICES SPECIAL ASSESSMENTS 9 10 WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board 11 of County Commissioners on January 26, 1993 adopted Resolution No. 93 -29 authorizing 12 the recording of notices of liens for the delinquent solid waste collection and disposal 13 services special assessments for 1991; and 14 WHEREAS, Resolution No. 93 -29, was recorded on February 1, 1993 in Official 15 Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, 16 Florida, which placed a lien on certain properties for the delinquent solid waste collection 17 and disposal services special assessments for 1991; and 18 WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to 19 approve by Resolution and record in the Official Records a Satisfaction of Lien on all 20 accounts that have been paid in full. 21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 22 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County 23 Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 24 1991 Service Year Solid Waste Collection and Disposal Special Assessment for the 25 following account numbered below, subsequent to the adoption of Resolution No. 93 -29, 26 whereupon a lien had been recorded on real property pertaining to the account identified 27 herein. The Satisfaction of Lien attached hereto referencing the account identified herein 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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. 88750 Account No. 63209 This Resolution adopted this day of 1999 after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and GENOA legal sufficiency: No- ITE J U N 2 2 1999 P9• 0— EXECUTIVE SUMMARY 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 OBJECTIVE: A Resolution approving the satisfaction of liens for certain residential accounts where the County has received payment and liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATION: Resolution No. 93 -29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. 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 residential properties for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90 -30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached resolution lists the 6 accounts that have paid in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: Recording the satisfactions of liens and resolution is approximately $42.00 and will be charged to Department of Revenue - Special Assessments Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Chairwoman to execute the attached Resolution approving the 6 Satisfaction of Liens for the 1992 Solid Waste Collection and Disposal Services Special Assessments and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. SUBMITTED BY:A� Pam Call is, venue Supervisor Departm of Revenue REVIEWED BY: T resa A. Riesen, Revenue Manager Department of Revenue REVIEWED BY: John'A. onkosky, Dir for Dephrtme t of Revenue APPROVED BY: Leo Ochs, Jr., Admin' or Support Services Dipir si n Date: Date: Date: V Date: No. NC I EM JUN 2 /2 1999 P9• I 3 RESOLUTION NO. 99 - 4 5 A RESOLUTION APPROVING SATISFACTION OF LIEN 6 FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL THE 7 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES 8 SPECIAL ASSESSMENT 9 10 WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the 11 Board of County Commissioners on September 19, 1994 adopted Resolution No. 12 94 -668 authorizing the recording of notices of liens for the delinquent solid waste 13 collection and disposal services special assessments for 1992; and 14 WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board 15 to approve by Resolution and record in the Official Records a Satisfaction of Lien on 16 all accounts that have been paid in full. 17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 18 COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as 19 amended, the Board recognizes full payment and receipt of the 1992 Service Year 20 Solid Waste Collection and Disposal Special Assessment for the following account 21 numbered below, subsequent to the adoption of Resolution No. 94 -668, whereupon 22 a lien had been recorded on real property pertaining to the account identified 23 herein. The Satisfaction of Lien attached hereto referencing the account Identified 24 herein is hereby approved and the Chairwoman is hereby authorized to sign on 25 behalf of the Board of County Commissioners, and the Clerk is directed to record 26 this Resolution and this Satisfaction of Lien individually in the official records of 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Collier County: Account No. 27203 Account No. 88006 Account No. 94605 Account No. 129855 Account No. 140009 Account No. 152822 This Resolution adopted this day of '1999 after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Approved as to form and legal sufficien BY: PAMELA S. MAC'KIE , CHAIRWOMAN F U GE A • I N 2 2•-2— EXECUTIVE SUMMARY 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 OBJECTIVE: 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. CONSIDERATION: Resolution No. 93 -29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. 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 residential properties for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90 -30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached resolution list the 4 accounts that have paid in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: Recording the satisfactions of liens and resolution is approximately $30.00 and will be charged to Department of Revenue - Special Assessments Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Chairwoman to execute the attached Resolution approving the 4 Satisfaction of Liens for the 1993 Solid Waste Collection and Disposal Services Special Assessments and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. SUBMITTED BY: ��w„v� L Pam Callis evenue Supervisor Depart nt of Revenue REVIEWED BY: /�- Teresa A. Riesen, Revenue Manager Department of Revenue REVIEWED BY: John A. onkosky, Direc r Department of Revenue APPROVED BY: Leo Ochs, Jr., AdministP'ator' Support Services Division Date: �E Date: Z % Atz _ Date: r Date: �• ' Ir 01Z JUN 2 2 1999 P9• I RESOLUTION NO. 99- 2 3 4 5 A RESOLUTION APPROVING SATISFACTION OF LIENS 6 FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL 7 THE 1993 SOLID WASTE COLLECTION AND DISPOSAL 8 SERVICES SPECIAL ASSESSMENTS 9 10 11 WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of 12 County Commissioners on September 20, 1994 adopted Resolution No. 94 -694 authorizing the 13 recording of notices of liens for the delinquent solid waste collection and disposal services special 14 assessments for 1993; and 15 WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to 16 approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that 17 have been paid in full. 18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 19 OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as 20 amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste 21 Collection and Disposal Special Assessment for the following accounts numbered below, 22 subsequent to the adoption of Resolution No. 94 -694, whereupon a lien had been recorded on real 23 property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto 24 referencing the accounts identified herein are hereby approved and the Chairwoman is hereby 25 authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to 26 record this Resolution and these Satisfactions of Lien individually in the official records of Collier 27 County: 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Account No. 18966 Account No. 25603 Account No. 17527 Account No. 27601 This Resolution adopted this day of 1999 after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficienc BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, CHAIRWOMAN AGENDA b,.I JUN 2 2 1999 Pg. 2— _ EXECUTIVE SUMMARY 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 IT.X x1-V01 i s►II W OBJECTIVE: 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. CONSIDERATION: Resolution No. 93 -29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. 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 residential properties for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90 -30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached resolution list the 10 accounts that have paid in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: Recording the satisfactions of liens and resolution is approximately $66.00 and will be charged to Department of Revenue - Special Assessments Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Chairwoman to execute the attached Resolution approving the 10 Satisfaction of Liens for the 1994 Solid Waste Collection and Disposal Services Special Assessments and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. SUBMITTED BY:-- :�� io Pam Callis, venue Supervisor Departm of Revenue i REVIEWED BY: . Tefesa A. Riesen, Revenue Manager Department of Revenue REVIEWED BY Joh Yonkosky, I7irXtor Depart ent of Revenue APPROVED BY: Leo Ochs, Jr., Administrator Support Services Division Date: t~, Date: Date: b q Date: AGE No. JUN 2 2 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. 99- 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. 2956 Account No. 9962 Account No. 14216 Account No. 17844 Account No. 20860 Account No. 22826 Account No. 23362 Account No. 24109 Account No. 24484 Account No. 26107 This Resolution adopted this day of , 1999 after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, CHAIRWOMAN AGE A ITEM A . (� JUN 2 2 1999 P9 •��_ 1,1— EXECUTIVE AMA RETAIN FROM ACTIVE SALES VARIOUS PROPERTIES OBTAINED FROM AVATAR PROPERTIES INC. AND WHICH ARE A PART OF THE GAC LAND TRUST. OBJECTIVE: Recommendation to retain from active sales various properties obtained from Avatar Properties Inc. and which are a part of the GAC Land Trust for purposes of providing governmental facilities for existing and future residents of Collier County. CONSIDERATION: Pursuant to the 1983 Agreement between Avatar Properties Inc. and Collier County the lands deeded to the County shall be used only to provide governmental facilities for existing and future residents of Collier County, with all capital improvements to be physically located within the geographical boundary of the area known as "Golden Gate Estates" and any proceeds from the sale of dedicated lands as provided in the 1983 Agreement shall be utilized for capital projects to be located within the area known as "Golden Gate Estates ". The governmental facilities which can be constructed upon said property or with the proceeds of the sale of the property include fire protection facilities, police facilities, public schools, libraries and recreational facilities and equipment necessary for the operation thereof. Neither the property donated nor the proceeds from the sale of any dedicated property shall be used for the purposes of acquisition, construction or maintenance of roads and bridges, or similar projects. The Board of County Commissioners at their November 1, 1988 meeting (Item 14B(3)) and at their July 26, 1994 meeting (Item 16E(4)) approved a list of parcels to be retained from current sales and authorized the .,.Golden Gate Estates Land Trust Committee (f /k/a Golden Gate Estates Citizens Advisory Committee) to ontinually review the plans for each parcel to ensure its intended use and again return to the Board in five (5) years. The properties listed were to be utilized for governmental purposes. As directed, staff again contacted all Constitutional Offices, Division Administrators, Department Directors, the Golden Gate Fire & Rescue District, Big Corkscrew Island Fire & Rescue District and the Collier County School Board to inquire as to continued interest in the properties listed or any new interest in GAC Land Trust parcels still available for sale. The following list represents requests made by governmental agencies and Department Directors to retain those parcels originally conveyed to Collier County as part of the GAC Land Trust: Golden Gate Fire & Rescue District: Purpose: Proposed Substation Locations Phase Parcel Unit Tract Description *Acres Folio # 11 44 78 116 E75' of W180' 1.17 40749320001 II 45 78 116 E75' of E150' 1.17 40749320001 11 81 93 48 W 105' of W180' 1.59 41714000009 11 82 93 48 E75' of W 180' 1.14 41713880000 AGENDA I No. TE �. J U N 22 1999 1 Big Corkscrew Island Fire & Rescue District: Purpose: Proposed Substation Locations Phase Parcel Unit Tract Description *Acres Folio # III 91 67A 110 All of Tract 110 1.49 40120440005 School Board of Collier County: Purpose: Proposed Special Preschool /Basic Education Service Facilities Phase Parcel Unit Tract Description *Acres Folio # 1 2 7 81 All of Tract 81 7.92 36915200008 1 21 20 2 All of Tract 2 9.09 37590080008 1 75 97 10 All of Tract 10 5.22 41930520004 11 15 72 2 All of Tract 2 5.68 40410080007 II 16 72 3 All of Tract 3 5.68 40410120006 III 20 42 1 All of Tract 1 7.38 38840040001 III 72 64 94 All of Tract 94 5.00 39899040006 Phase Parcel Unit Tract Description *Acres Folio # III 96 22 A All of Tract A 56.69 37690040003 Purpose: Future Park Site III 31 43 80 All of Tract 80 4.50 38908560009 Purpose: Existing Sheriffs Office Multipurpose Training Facility * Acres was established by review of Property Appraiser's records. The Golden Gate Estates Land Trust Committee recommended, at their June 7, 1999 meeting, that these properties be retained from active sales. The properties will not be deeded to the respective governmental agencies until such time improvements are scheduled. Any proposed conveyance shall be presented to the Board of County Commissioners for review. The Committee shall review the intended use of these sites again in five (5) years to ensure its intended use. If the assigned governmental agency no longer requires said property, the Committee shall solicit interest from other governmental agencies. The Committee shall submit the reserved list, with revisions, if any, to the Board of County Commissioners at that time. The Golden Gate Estates Land Trust Committee is also recommending that the following parcels be retained from present sales due to their future marketability: AGE A I No. J U N 2 2 1999 P9•� Golden Gate Estates Land Trust Committee: Purpose: Future Marketability. Phase Parcel Unit Tract Description *Acres Folio 1 8 14 127 All of Tract 127 4.53 37289560004 1 13 17 89 All of Tract 89 5.00 37445840005 1 17 18 55 All of Tract 55 5.00 37493920003 1 35 24 97 All of Tract 97 5.00 37807880001 1 54 49 126 All of Tract 126 5.61 39271840002 1 71 95 53 W180' of Tract 53 3.92 41824360008 1 74 96 121 All of Tract 121 4.52 41887560007 1 93 195 85 All of Tract 85 4.77 45967400009 II 46 78 136 All of Tract 136 4.64 40750680002 11 47 78 137 All of Tract 137 6.83 40750720001 II 48 78 158 All of Tract 158 6.13 40752400002 111 59 53 1 All of Tract 1 7.38 39490040007 V 97 62 126 All of Tract 126 5.61 39786160002 * Acres was established by review of Property Appraiser's records. The Golden Gate Estates Land Trust Committee requests the Board of County Commissioners authorize the Committee to re -add the above listed properties to the sale list, without obtaining Board approval, when the. -Committee determines it is in the best interests of the GAC Land Trust. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: (1) approve the list of parcels to be retainers from current sales, (2) authorize the Golden Gate Estates Land Trust Committee to review the intended purpose of each parcel, reserved for governmental use, every five (5) years and submit the reserved list with revisions, if any, to the Board of County Commissioners; and (3) authorize the Golden Gate Estates Land Trust Committee to review those parcels reserved for future marketability and re -add the parcels to the active sales list if in the best interests of the GAC Land Trust. PREPARED BY: SANDRA-T.-TAYLOR, REAL PROP APPROVED BY: t LEO E. OCHS, DATE: �A'� MANAGEMENT DIRECTOR JR., SUPPORT,8ERVICES ADMINISTRATOR TE: AGE ND I E NO.- ! JUN 2 2 1999 Pg. 3 EXECUTIVE SUMMARY RECOMMENDATION TO ACCEPT STAFF'S SHORT LIST FOR FIXED TERM PROFESSIONAL ARCHITECTURAL SERVICES RFP, 99 -2930. OBJECTIVE: To have the Board approve the short list of professional architectural firms and authorize staff to negotiate with the three top seated firms. CONSIDERATIONS: On April 30, 1999, the County published a Request for Proposal (RFP) for Fixed Term Professional Architectural Services. A committee, comprised of representatives from Facilities Management, Parks and Recreation and the Office of Management and Budget, reviewed the eleven proposals that were received on May 28, 1999 and ranked and short listed the following six firms: 1. Barany Schmitt Summers Weaver and Partners Inc. 2. Victor Latavish, AIA Architect 3. Alfred French and Associates Inc. 4. Schenkel Schultz, Architecture 5. Gora McGahey, Associates in Architecture 6. Brooks Swanson, Architecture and Construction Some of the significant factors pertaining to the short listed firms were qualifications of staff, experience in County projects, communication with owners and minimum change orders initiated by the firm. FISCAL IMPACT: Funding for work orders for architectural services under RFP 99 -2930 shall be provided by the user division's or department's project budgets. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize staff to negotiate an agreement with each of the three top seated Professional Architectural firms as addressed in this summary. G PREPARED BY: -- DATE: /� Crognale, Construction Manager epartment of Facilities Management AUN70 TE No. _� J U N 2 2 1999 Pg. Executive Summary RFP 99 -2930 Page 2 REVIEWED BY:? Skip Camp, CFM, Director Department of Facilities management DATE: REVIEWED BY: �' 44 �-t DATE: Stephen arnell, erector Purchasing Department i APPROVED BY: DATE: Leo E. Ochs, Jr. Administer (or Support Services Divisiorf AGE No. No. . J U N 2 2 1999 P9•_42::. LL LL W Q z C t O N N @ R O v O mL Q C7 C .N d O d V c R 2 O Y _ d t 06 O �L a N m N C R CL L d O. L R 06 t ci _ L LL d G Q7 C d C W C .R U R G1 ar t V A _ R t0 u O N N Q d L R C7 R LO M CD Z_ Y Z J z LL w W F- 0 Z 0 w J W V Zj C� o ° r� V 1 c� u J E� C 1 Q ti 4- I:z iU V? 0 V) cr z O0 W l 2 7 1 0 F- LL ice.. Z z Y. 2 z 0 =) U LL O W to W Q z mJ Y �a z Z t- LL O W it c,S LU Ud Z 2 a �t z o, O V 0 �! W Q Z m a Y Z Z Z LL p O W N D-!S Z CnW IX Q Z N (n �r Q V N � c) > Z OW �• it (DR z LL CL z %4. X zo 0 r.+ J Q 0 d- O W L? =.E M IJ Y a i W 2 a' Z Z�aw Zc- < a. 1u- p ��W U O Q CA F- Q Z 2 a O Z C1 Z � Q ` z LLJ U. LL � = 0 o uj V �m J z W 2 Z w z ry t!1 0U�- CY W Q Z �='7 Q z c,4 m LL O W N O Ewa z 2 d z Z,- X`- LL LL W Q z C t O N N @ R O v O mL Q C7 C .N d O d V c R 2 O Y _ d t 06 O �L a N m N C R CL L d O. L R 06 t ci _ L LL d G Q7 C d C W C .R U R G1 ar t V A _ R t0 u O N N Q d L R C7 R LO M CD Z_ Y Z J z LL w W F- 0 Z 0 w J W V Zj C� o ° r� V 1 c� u J E� C 1 Q ti 4- I:z iU V? AGE A TE No. JUN 2� 999 Pg. a, on • v u R v t4 u �o v u O N i C O , O E U ' c O U '• CD 6. - c_:- u ea c 7 y J 7 7 x 0 V) cr z O0 W l 2 7 1 0 F- AGE A TE No. JUN 2� 999 Pg. a, on • v u R v t4 u �o v u O N i C O , O E U ' c O U '• CD 6. - c_:- u ea c 7 y J 7 7 x CONSULTANT SELECTION SUMMARY OF SIGNIFICANT FACTORS FORM RFP #: 99 -2930 RFP TITLE: Fixed Term Architectural Services SIGNIFICANT FACTORS PERTAINING TO SHORTLIST FIRMS: 1. 2. 3. T 4. �-- i / 1 %11, I., I,,( Llyr.3 SIGNIFICANT FACTORS TO RANKING OF TOP THREE FIRMS: 1. _.__�i¢ti c� 2. 3. 4. / roj ct Managcer Buyer 6 ? Date CF 7 IF i- bate' AGE Mo. JUN 2 21 1999 Pg. RFP #99 — 2930 "Fixed Term Architectural Services" SCORING FORM R INEING FIRST FIR.yI42A'bLL! ✓Ch -'.' t t cl ;'�'�1�1.(fCc (U-Fu �t ` l y�^ < : =� J tCC� SECOND FIRMM � �cnn� -b�i� �V�A�t'�� — DIiO��S S av-� THIRD FIRM � �! F SELECTION CO ITTE EMBER'S SIGNATURE DATE 6 -1-Ff AG_ No, M, w JUN 2 2999 Pg._ NAME OF FIRM Qualifications of Persons .assigned � To Project ?: Points , Firm's Credentials 15, Points �- Experience in Similar Projects and References ?; Points Projects Completed on Time and Within Budget 15 Points v Location of Firm 10 Points Project Management. Problem Resolution, Data Gathering Tech 0 Points a �j jt I' TOTAL 100 Points (� � ou � r R INEING FIRST FIR.yI42A'bLL! ✓Ch -'.' t t cl ;'�'�1�1.(fCc (U-Fu �t ` l y�^ < : =� J tCC� SECOND FIRMM � �cnn� -b�i� �V�A�t'�� — DIiO��S S av-� THIRD FIRM � �! F SELECTION CO ITTE EMBER'S SIGNATURE DATE 6 -1-Ff AG_ No, M, w JUN 2 2999 Pg._ iil ` i-4, ` RFP #99 — 2930 "Fixed Term Architectural Services" SCORING FORM FIRST FIRM SECOND FIRM THIRD FIRM RANKING SELECTION COMMITTEE MEMBER'S SIGNATURE DATE FGC E 1999 Pg. T� J NAME OF FIRM Qualifications of Persons Assigned To Project 25 Points i G I Z _ . Firm's Credentials 15 Points ✓f� `i� �` Experience in Similar Projects and References 25 Points L Projects Completed on Time and Within Budget 15 Points ! y f Location of Firm 10 Points Project Management, Problem Resolution. Data Gathering Tech 10 Points � 111 � TOTAL 100 Points .l FIRST FIRM SECOND FIRM THIRD FIRM RANKING SELECTION COMMITTEE MEMBER'S SIGNATURE DATE FGC E 1999 Pg. "Fixed Term Architectural Services" SCORING FORM FIRST FIRM SECOND FIRMM THIRD FIRM RANKING COMMITTEE MEMBER'S SIGNATURE DATE ASEEZ EP No. JUN 2 2 1999 Pq. NAME OF FIRM Qualifications of Persons _assigned To Project 25 Points j- Firm's Credentials 15 Points Experience in Similar Projects and References 25 Points r -- Projects Completed on Time and Within Budget 15 Points " Location of Firm 10 Points Project Management, Problem Resolution. Data Gathering Tech 10 Points TOTAL. 100 Points FIRST FIRM SECOND FIRMM THIRD FIRM RANKING COMMITTEE MEMBER'S SIGNATURE DATE ASEEZ EP No. JUN 2 2 1999 Pq. "Fixed Term Architectural Services" SCORING FORM FIRST FI M SECOND FIRM THIRD FIRIM AGE No. J U N 2 2 1999 p9•_ Z. 1A L' f NAME OF FIRM Qualifications of Persons .assigned To Project 25 Points -7Z/ Firm's Credentials 15 Points /� /� /3 / 27 Experience in Similar Projects and References 25 Point s % — - L7 i j J! y �� j Projects Completed on Time and Within Budget 15 Points Location of Firm 10 Points Project Management. Problem Resolution. Data Gathering Tech 10 Points TOT.aI. 100 Points 97 671 ZZ FIRST FI M SECOND FIRM THIRD FIRIM AGE No. J U N 2 2 1999 p9•_ RFP • • • , 42 i "Fixed Term Architectural Services" SCORING FORM FIRST FIRM SECOND FIRM THIRD FIRM RANKING 9y Mo. T 7 JUN 2 2 1999 P9. i na'NlE OF FIRJ( .i Qualifications of Persons assigned To Project 5 Points Firm's Credentials 15 Points Experience in Similar Projects and References ?; Points ^- C ✓ / / '. "; G' Projects Completed on Time and Within Budget I'; Points Location of Firm 10 Points Project Management. Problem Resolution. Data Gathering Tech 10 Points CJ' TOTAL 100 Points FIRST FIRM SECOND FIRM THIRD FIRM RANKING 9y Mo. T 7 JUN 2 2 1999 P9. i RFP #99 — 2930 "Fixed Term Architectural Services" SCORING FORM FIRST FIRM SECOND FIRM 54 THIRD FIRIM SELF RANKING 5GN M i T7— Y- c2 5l7-t4 t_'T Z- MEMBER'S SIGNATURE CG fill Z-./5-,57-14V DATE AGE No. . if J U N 2 2 1999 Pg.--LL)— 1 lfEIJK E� �� • �' 3- c r NAME OF FIRM �'TLLr.�NL� 51t4M , 7 i 5h4tjLT2— Qualifications of Persons Assigned To Project ?-� Points 2 �< Firm's Credentials 15' Points j I Experience in Similar Projects and References Points 7 4 (,� Projects Completed on Time and Within Budget J (I� fD �' 15 Points l Location of Firm 10 Points U / Project :Management. Problem Resolution. Data Gathering Tech 10 Points F 4 TOTAL 100 Points FIRST FIRM SECOND FIRM 54 THIRD FIRIM SELF RANKING 5GN M i T7— Y- c2 5l7-t4 t_'T Z- MEMBER'S SIGNATURE CG fill Z-./5-,57-14V DATE AGE No. . if J U N 2 2 1999 Pg.--LL)— 1 RFP #99 — 2930 &W,( VzJVC6'r✓r "Fixed Term Architectural Services" SCORING FORM FIRST FIRM SECOND FIRM THIRD FIRM RANKING No. JUN 2 2 1999 I'9•-1I 0 0S, 011, ' � A7/�}U `5 }� � "�C� S(•t ff�,ti Sj AJ NAME OF FIRM /- Qualifications of Persons Assigned To Project 25 Points Firm's Credentials 15 Points f Experience in Similar Projects and Refere nces 25 Points 1 �,. 2- " � 2-2- Projects Completed on Time and NN Po Budget 15 Poi nts ( 1•-- Location of Firm 10 Points Project Management, Problem Resolution, Data Gathering Tech 10 Points "l( TOTAL 100 Points Q FIRST FIRM SECOND FIRM THIRD FIRM RANKING No. JUN 2 2 1999 I'9•-1I 0 0S, 011, RFP #99 — 2930 "Fixed Term Architectural Services" SCORING FORM 1oA-3 /t r I Z a -G 1If+eru: RA.NIQ FIRST FIRM SECOND FIRM YWh-Vy SC,9'n17-r . vin W9X5 THIRD FIRM SELECTION COMMITTEE MEMBER'S SIGNATURE DATE AGE of No. J U N 2 2 1999 .r NA,NTE OF FIRM I A00P fftRpa. 1-t"-,4 VI-54 FRFVU-# SW DA✓ Qualifications of Persons Assigned LHpE bss n,rn Ags To Project 25 Points ZS Zs ZS L� Firm's Credentials 15 Points l S /0 A,1 Experience in Similar Projects and References /� Z SO ✓ 5 25 Points Projects Completed on Time and a, Within Budget 15 Points Location of Firm A-4 =X55 L�� � - C� r r �� � • S 1 o �o /o 10 Points 0r -,C) wd Project Management, Problem Resolution. Data Gathering Tech /O 10 10 Points TOTAL 100 Points RA.NIQ FIRST FIRM SECOND FIRM YWh-Vy SC,9'n17-r . vin W9X5 THIRD FIRM SELECTION COMMITTEE MEMBER'S SIGNATURE DATE AGE of No. J U N 2 2 1999 .r "Fixed Term Architectural Services" SCORING FORM FIRST FIRM SECOND FIRM THIRD FIR'yI Z R,ANKING SELECTION COMMITTEE MEMBER'S SIGNATURE U DATE AGE No. TE JUN 2 2 1999 Pg. 13 w NANIE OF FIRM !11,4AICE AJ Sct46 Keel, GDE'f} Qualifications of Persons assigned ���6 ' S ,�cr�SS C-0 M&- 7— Gib To Project Z ZS Zj Z� ZS" 25 Points Zee- (-0 Firm's Credentials 15 Points i V* 4-1. 3 . , •rr- / OF tco -C kd�-o6D Experience in Similar Projects and References ZS 20 Z ��' / Z S 25 Points Projects Completed on Time and PV0 L!S*tD z• Within Budget 15 Points Location of Firm l/�Pi� n .cc 0 L-�,Z ?; �� �� IS ��w 10 Points OUr of ^Cow/ "",% Q %Gi�C J'' L��ow�i vv' C< toy Project Management. Problem Resolution. Data Gathering Tech 10 Points TOTAL 100 Points / 75- ! / 1,5-- 95— FIRST FIRM SECOND FIRM THIRD FIR'yI Z R,ANKING SELECTION COMMITTEE MEMBER'S SIGNATURE U DATE AGE No. TE JUN 2 2 1999 Pg. 13 w RFP #99 — 2930 "Fixed Term Architectural Services" SCORING FORM 0 NAME OF FIRM 41z z 14ee Qualifications of Persons :assigned 1YE,7%- "'' To Project 25 Points Z Firm's Credentials r� 15 Points Experience in Similar Projects and References Zp 25 Points Projects Completed on Time and r ✓o-r IAc'c crt Within Budget 15 Points Location of Firm 'x+�t Jocs �O 10 Points Project Management. Problem Resolution. Data Gathering Tech 10 Points TOTAL. 100 Points QS FIRST FIRM SECOND FIR-NI THIRD FIR.N1 U RANKING SELECTION COMMITTEE MEMBER'S SIGNATURE DATE FP40 NDA IT M � 2 2 1999 Pg. RFP #99 — 2930 "Fixed Term Architectural Services" SCORING FORM FIRST FIRMM SECOND FIRM THIRD FIRM ON V RAND ER' S SIGNATURE 0, TE AGENO IT H No. JUN 2 2 1999 P9•� NAME OF FIRM �'c,�,. -,7)' 17/ Qualifications of Persons Assigned To Project 25 Points I � z Firm's Credentials 15 Points Ar Experience in Similar Projects and References 25 Points �,S � �3 23 Projects Completed on Time and Within Budget 15 Points Location of Firm b 10 Points fG) G / G Project Management, Problem Resolution. Data Gathering Tech ` r 10 Points AI TOTAL 100 Points lie FIRST FIRMM SECOND FIRM THIRD FIRM ON V RAND ER' S SIGNATURE 0, TE AGENO IT H No. JUN 2 2 1999 P9•� RFP #99 — 2930 "Fixed Term Architectural Services" SCORING FORM ii IJ (7 RAKIti G -- r FIRM j�13 f ,, FIRM SELECTION COMMITTEE MEMBER'S SIGNATURE DATE ATE _gy J U N 2 2 1999 Py.� 1.a.N IE OF FIRM S ti , T /t %l�✓u f ^�cc Qualifications of Persons Assigned To Project 25 Points 3� G � Firm's Credentials 1; Points Experience in Similar Projects and References 25 Points Projects Completed on Time and Within Budget 15 Points Location of Firm Z V 10 Points Project Management. Problem Resolution. Data Gathering Tech 10 Points 4, a C h i � � VZ TOTAL 100 Points 77 IJ (7 RAKIti G -- r FIRM j�13 f ,, FIRM SELECTION COMMITTEE MEMBER'S SIGNATURE DATE ATE _gy J U N 2 2 1999 Py.� APPROVE AN AGREEMENT WITH THE BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT WHICH PROVIDES FOR A MAXIMUM EXPENDITURE OF $51,413 FROM THE GAC LAND TRUST. ................................................................................................................................................ OBJECTIVE: Recommendation to approve and execute an Agreement between Collier County and the Big Corkscrew Island Fire Control & Rescue District which provides for a maximum expenditure of Fifty One Thousand Four Hundred Thirteen and 001100 Dollars ($51,413.00) from the GAC Land Trust allowing the District to purchase a lightweight brush patrol /rescue vehicle deemed necessary to provide efficient fire protection services to the residents of Golden Gate Estates and Collier County. CONSIDERATION: (Brief History): On November 15, 1983, Avatar Properties Inc. and Collier County entered into an Agreement (1983 Agreement) to convey 1,061.5 acres of property in Golden Gate Estates in five (5) geographical phases to Collier County. According to the 1983 Agreement, the property dedicated to Collier County would be used to provide facilities for such things as recreation, utility and community service for the existing and future residents and visitors of Collier County, and to provide a source of revenue to fund improvements within the area known as "Golden Gate Estates" and to provide for the acquisition of other lands, equipment, and materials for the future construction of improvements. The 1983 Agreement also required that the lands deeded to the County are to be used only to provide governmental facilities for existing and future residents of Collier County, with all capital improvements to be physically located within the geographical boundary of the area known as "Golden Gate Estates." In addition, any proceeds from the sale of dedicated lands are to be utilized for capital ,projects, to be located within the area known as "Golden Gate Estates ". The governmental facilities which can e constructed upon said property or with the proceeds of the sale of the property include fire protection tacilities, police facilities, public schools, libraries and recreational facilities as well as equipment necessary for the operation thereof. (issue): On June 7, 1999, Chief Frank Kovarik, Big Corkscrew Island Fire Control & Rescue District ( "District "), presented to the members of the Golden Gate Estates Land Trust Committee a request to assist the District in the purchase of a lightweight brush patrol /rescue vehicle which would include a foam system, water tank, pump, .hose and auxiliary equipment. According to a letter addressed to the Golden Gate Estates Land Trust Committee, dated June 2, 1999, from Chief Kovarik, (see attached), the District utilized a lightweight brush patrol /rescue vehicle and found it was of vital assistance in protecting structures and allowing for rapid response from one residence to another. The lightweight brush patrol /rescue vehicle also made it possible to drive over property without causing severe damage, which at times was necessary to protect the rear side of a structure. According to the District, the requested vehicle can also be used as a light rescue vehicle in order to respond to medical calls. If this request is approved by the Board of County Commissioners, staff shall prepare an Agreement similar to those utilized for prior expenditures from the GAC Land Trust. The Agreement shall provide for the maximum AGE No- MO. JUN 2 2 1999 P9• <penditure of Fifty One Thousand Four Hundred Thirteen and 00/100 Dollars ($51,413.00) for the purpow of purchasing a lightweight brush patrol /rescue vehicle. Terms of the Agreement shall include that the District agree that the vehicle shall be utilized solely by the District and shall service the area known as "Golden Gate Estates" as well as Collier County. The Distr , shall also be requested to agree that the purchase of the vehicle shall be in accordance with all applicabiie bidding or other requirements for the procurement of property and services set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may apply. The Agreement shall include a provision for payment which shall be made directly to the appropriate vendor upon the District's adherence to certain terms and conditions outlined in the proposed Agreement. The vehicle . must be received within an agreed upon time frame; otherwise, the Agreement shall become null and void and of no further effect. The Golden Gate Estates Land Trust Committee recommended 4/0, at their June 7, 1999 meeting, that a: maximum allocation of Fifty One Thousand Four Hundred Thirteen and 00 /100 Dollars ($51,413.00) be provided to the District for purposes of purchasing a lightweight brush patrol /rescue vehicle. Once the Agreement is reviewed and approved by the County Attorney's Office and a "Letter of No Objection" is received from Avatar Properties Inc., acknowledging the allocation of $51,413.00 for the purchase of the lightweight brush patrol /rescue vehicle, the Agreement shall be submitted to the Chairwoman for execution. FISCAL IMPACT: As of October 1, 1998, $388,300 was budgeted in Reserves in the GAC Land Trust Fund. -o date $100,000 has been appropriated to fund Rural Safety Refuge Shelters ($50,000) and to purchase droperty and initiate the design for an EMS /Sheriffs Office facility ($50,000). If this request is approved, an additional $51,413.00 will be transferred from Reserves to the appropriate operating fund. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: (1) approve an Agreement providing for a maximum expenditure of Fifty One Thousand Four Hundred Thirteen and 00/100 Dollars ($51,413.00) for the purchase of a lightweight brush - patrol /rescue vehicle to be used by the Big Corkscrew Island Fire Control & Rescue District in order to benefit the residents of Collier County once a "Letter of No Objection" is received and the Agreement is reviewed and approved by the County Attorney's Office ; (2) authorize its Chairwoman to execute the Agreement when presented; and (3) approve the necessary budget amendment. PREPARED BY: SANDRA I. TAYLOR, REAL PRO APPROVED BY: - ,^ DATE: �, - lb ANAGEMENT DIRECTOR LEO E. OCHS, JR., SUPPORT SERVICES ADMINISTRATOR A0END TE NO•M JUN 2 2 1999 P9• c-- BIG 'CORKSCREW ISLAND FIRE CONTROL & RESCUE DISTRICT 13240 Immokalee Rand, Naples, Florida 341M, (941) 348 -8006 (941) 455 -1219t June 2, 1999 Members of the Golden Gate Estates Land Trust Committee: This year has been the worst year since 1989 for brush fires - over 9000 acres of the estates has burned and hundreds of homes endangered. During these fires we, in the fire service, discovered that a new, lighter and highly mobile brush vehicle was of vital assistance in protecting structures and allowing for rapid response from one residence to another. This lightweight vehicle also made it possible for us to drive over property without causing severe damage, which. at times was necessary to protect the rear side of a structure. The larger apparatus (military style) are effective for thick brush area, but can and do cause damage to a persons yard, The lightweight vehicle comes standard equipped with a foam system and all wheel drive. The unit carries 350 gallons of water and can also be used as a light rescue vehicle - to run medical calls. This is advantageous in the fact that it keeps the larger, more costly, units available for structure fire or vehicle accident response. -- The Big Corkscrew Island Fire Control and Rescue District is growing rapidly, but our tax base is lagging behind. The growth of our District in people directly relates to growth in call load - we have currently run 47.22% more calls this year in comparison to the same time frame in 1998. During the past few years we have replaced and added much needed apparatus and equipment. This past year we have hired 2 additional employees to assist with the increase in demand for service. With our tax dollars this year going towards personnel we are seeking alternative funding for the purchase of a lightweight brush patrol /rescue vehicle. At this time we are asking for the support of the Golden Gate Estates Land Trust Committee to make this purchase. The cost of the vehicle is $51,413.00, This is a complete vehicle with the foam system, water tank, pump, hose and auxiliary equipment included. Thank you for allowing me to speak with you in regards to this purchase and for your consideration to our request. Res, ectfully, Chief nk O. Kovarik l Big Corkscrew Island Fire Control and Rescue District N floL J U N 2 2 1999 Pg. d. M APPROVAL OF A BUDGET AMMENDMENT FOR EMERGENCY AND UNANTICIPATED EXPENDITURES FOR BUILDING MAINTENANCE OBJECTIVE: To reimburse the Department of Facilities Management for emergency and unanticipated expenses incurred in the first two quarters of fiscal year 1998 -99. CONSIDERATIONS: The Facilities Management Department is responsible for maintaining the County's 246+ facilities. Annually, the Department budgets operational expenses for air - conditioning, plumbing, electrical and structural repairs based on previous years' expenses. Unanticipated expenses incurred during the first half of fiscal year 1998 -99 have depleted the operating budget, requiring additional funding to continue operations for the remainder of FY 1998 -99. Expenditures have included major work at the chiller plant to correct several failed systems. This work included the replacement of PC boards, motors, auxiliary pumps, and .- valves totaling approx. $46,540. Extensive plumbing repairs and parts have also contributed to increased operational expenses. Several broken sewer lines at the Main Collier County Jail required that structures had to be cut and the drains rerouted. In addition, failure of the septic system at the Immokalee Health Center required the entire drain field and sewer lines to be rebuilt. These unanticipated expenses totaled $33,763. Water system repairs and maintenance were high due in part because of wells running dry at three County facilities — the Agriculture Center, Orangetree EMS Station and the Golden Gate Estates Library. Inspection of these wells determined that the wells were too shallow. Immediate action was needed to restore water to these facilities. A private contractor was called to repair and drill the wells to an appropriate depth (90 feet) at a cost of 511,800. Other unanticipated expenses included $55,300 spent on indoor air quality testing and remediation of Building A (in November), as well as $6,900 dollars to replace broken steam piping at the Collier County Jail. Structural repairs for roofs, sidewalks, door replacement and safety railings totaled $31,485. Miscellaneous building maintenance expenses included $18,874 for light pole replacement, engineering work for Space Plan, Y2K upgrades and additional painting supplies. AGEM J( I�TE►� No. JUN 2 2 1999 Pg. Executive Summary Unanticipated Expenses Page Two Unanticipated Expenditures by Trade Trade Total HVAC (Air - conditioning) $ 46,540 Plumbing $ 33,763 Structural $ 31,485 In -door Air Quality $ 55,300 Steam Pipe Replacement $ 6,900 Misc. Building Repairs $ 18,874 Well Repair/ Drilling $ 11,800 Total Unanticipated Repairs $ 204,662 As these expenses have been unanticipated, funds are needed to continue operations for the rest of the fiscal year. These funds would be transferred from reserves and placed in the Building Maintenance cost center. FISCAL IMPACT: Total unanticipated expenses are $204,700 transferred from General Fund Reserves to Building Maintenance. GROWTH MANAGEMENT IMPACT: None. Funds would be RECOMMENDATION: That the Board of Collier County Commissioners approve the necessary budget amendments as addressed within this summary. Prepared By: .' %' �' Daniel R. Rodriguez, F ities,'dlanager The Department of Facilities Management Date: Reviewed By: �C�'"r'�" �I ✓�h j Date: 1 .% Skip Camp, CFM, Director The Department of Facilities Management Approved By: ' �s _ — Date: �- Leo E. Ochs, Jr., Adminstrat Support Services Divis' AGE No J U N 2 2 1999 Department of Facilities Management Unanticipated Expenses FY 1998 - 99 Repair Type Date Repairs and Equipment Replacement Location Amount By Trade Electrical 11/15/99 Reset parking lot light pole Building F Main Campus $3,568 Engineering 04/28/99 Space Planning - Public Works Building Main Campus $2,760 Fire /Safety 02/15/99 Rebuild booster fire pump Building F / Main Campus $3,700 IAQ 01/15/99 Indoor Air Quality Remediation Sheriff Building A $55,300 Security 12/06/98 Rekey Buildings on the main campus Building F / Main Campus $1,514 Painting 04/25/99 Additional Painting Supplies All County Buildings $5,000 Misc 04/08/99 Replacement of Steam piping and insulation Naples Jail $6,900 Well 04/15/99 Well drilling and repair Organge Tree EMS & GG Lib $11,800 Security 02/15/99 Y2K Upgrade for Simplex Building H, L and others $2,332 $92,874 HVAC 02/17/99 Replace York PC Board for Chiller Building K Chiller Plant $2,471 HVAC 04/25/99 Installation Cross -over valve Building L Courthouse $9,000 HVAC 04/25/99 Cross -over valve and Controls Building K Chiller Plant $7,200 HVAC 10/13/98 New 71/2 ton Condensing Unit GG Community Center $3,280 HVAC 04/25/99 Installation of Butterfly Valve & Controls Building K Chiller Plant $3,500 HVAC 12/22/98 Replace 25hp motor for cooling tower Main Campus $1,236 HVAC 11/10/98 Replace Air - handler Jail - Blew apart Jail $2,049 HVAC 04/16/99 Replacement valves for Air handlers Building F / Main Campus $4,830 HVAC 05/24/99 Replace air - conditioning Unit Water Distribution Teryle R $600 HVAC 05/24/99 Replacement of a Purge Unit for chiller Building K Chiller Plant $4,400 HVAC 06/01/99 Freon for Chillers Building K Chiller Plant $982 HVAC 04/25/99 Energy Management Y2K Upgrade All Buildings $4,942 HVAC 02/24/99 Rebuild Carrier Air Handling Unit Jail Air Handler # 9 $2,050 $46,540 Plumbing 12/07/98 Replace burner on boiler Naples Jail $2,143 Plumbing 01/23/99 Install New Dishwasher in Jail Jail $4,056 Plumbing 01/19/99 Replace new sewer lines Immokalee Health Immokalee Health Building $5,964 Plumbing 01/16/99 Jail sewer line repair and replacement Naples Jail $4,030 Plumbing 02/15/99 Repair 2" copper pipe in jail underground Naples Jail $4,291 Plumbing 03/20/99 Rebuild Sewer Lines Medical Room Naples Jail $2,893 Plumbing 03/27/99 Replace 30 Flush Masters Naples Jail $1,463 Plumbing 03/27/99 Repair 4 inch water main and replaced valve Naples Jail $3,774 Plumbing 04/09/99 Rebuild Mixing valves in Boiler Room Naples Jail $1,977 Plumbing 02/20/99 Jail cell block line replacement Building F / Main Campus $3,173 $33,763 Structural 01/10/99 Airport Authority roof repairs Marco Island Airport $3,710 Structural 11/12/98 Remove trailer from Immokalee Health Clinic Immokalee $1,325 Structural 11/23/98 Replace facia and eves around building Sheriffs Substation Marco $2,450 Structural 11/17/98 Replace facia boards around substation Carnestown Substation $2,450 Structural 12/21/98 Repair curbing around traffic Island Main Campus $1,650 Structural 12/21/98 Move area wall and door Building L Main Campus $1,450 Structural 12/21/98 Replace stairs at Immokalee Ballfield Immokalee Comm. Park $3,150 Structural 12/21/98 Concrete pad & awning for vending machine Main Campus $3,850 Structural 01/15/99 Replacement of double doors on Building F Main Campus $3,250 Structural 03/03/99 Wall in Building D for Sheriffs Department Building D $1,750 Structural 04/10/99 Install a wall for Courthouse Building L $1,950 Structural 12/31/98 Install safety railing around Building H Building H $4,500 $31,485 Total Unanticipated Expenses FY 1998 - 99 $204,663 $204,663 AGENO TEM Na.ld V t� 2--�2 1999 P9, EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TO FUND AN ORGANIZATIONAL AUDIT OF THE COUNTY ADMINISTRATOR'S AGENCY OBJECTIVE: To request BCC approval of a budget amendment to fund an organizational audit of the County Administrator's Agency to be performed by Florida Gulf Coast University. CONSIDERATION: On April 27, 1999, the County Administrator introduced to the Board of Commissioners a plan to partner with Florida Gulf Coast University to perform an organizational audit of the County Administrator's Agency. The purpose of the audit is to identify internal strengths and areas for improvement in the organization related to leadership and management styles, internal service delivery, and satisfaction and dissatisfaction of the employees. Dr. Arthur Rubens and a team of faculty consultants for Florida Gulf Coast University's Center for Leadership and Innovation will perform the audit with support from the Human Resources staff The audit will be performed over a 4 -to -6 -month timeframe and will be conducted in three phases, as follows: Phase One: Job and Organizational Needs Analysis. This phase will consist of focus groups discussing critical areas and issues regarding employee satisfaction, general operations and leadership of the County. • Phase Two: Quantitative Satisfaction Analysis. This phase will include completion of a series of questionnaires by all employees that include questions concerning job satisfaction, leadership and service delivery. • Phase Three: Qualitative Satisfaction Analysis. This phase includes interviewing a representative sample of professional staff. Areas of focus will include the organization's culture, effectiveness, and the barriers faced by employees in accomplishing their work. The information resulting from this effort will be used to develop a plan for reinforcing and enhancing areas of job satisfaction and organizational effectiveness as well as correcting problems related to employee dissatisfaction and organizational deficiencies. Pursuant to its proposal, the University is requesting that the County sign the University's standard agreement for service. This agreement will be reviewed by staff and submitted to the County Attorney for review before being forwarded to the Chairwoman for her signature. GROWTH MANAGEMENT IMPACT: None. Mo. JUN 2 2 1999 Pg._L._ FISCAL IMPACT: Funds are available in General Fund Reserve in the amount of $30,000 to be budgeted in the Human Resources Department operating budget. A decision will be made during the FY Ol budget planning process regarding funding subsequent annual assessments of the organization. RECOMMENDATION: It is recommended that the Board approve a budget amendment in the amount of $30,000 from general fund reserves to fund an organizational audit and authorize the chairwoman to sign the agreement upon staff and County Attorney review. PREPARED BY: ji DATE: Z%• Cj i Jewtfer J. E aid "'Human Resources Director APPROVED BY: I DATE: I /, -1 0 nistrator AGEND I• E No. J U N 2 2 1999 P9• EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT RECOGNIZING ADDITIONAL REVENUES TO FUND THE RADIO COMMUNICATION SYSTEM MAINTENANCE CONTRACT AND INCREASING FUND EXPENDITURES. OBJECTIVE: Request Board approval of a budget amendment recognizing additional revenues in Fund 188 to fund the maintenance contract and increasing fund expenditures. CONSIDERATION: Fund 188, the $12.50 allocation from moving traffic violation fines, provides funds for the operational and maintenance expenses of the 800 MHz radio system. This Budget Amendment is necessary as a result of: • Costs incurred conducting radio system testing to verify proper operation.($12,000) The purchase of an inventory of ten (10) spare portable radios. These radios are refurbished models available at a saving of $600 per radio. Numerous requests for additional radios have been received during emergency incidents and for use coordinating numerous special events. ($14,100) �' • The warranty on mobile and portable radio equipment will expire on July 27, 1999. Maintenance costs for Board agencies inventory of mobile and portable radio equipment will be paid from Fund 188 and departments will then, through an inter - department transfer of funds, reimburse Fund 188 for these costs resulting in an increase in revenue for Fund 188. ($11,000) FISCAL IMPACT: The 800 MHz fund expenditures will increase by $37,000 and revenue will increase $23,000. The remaining funds will be taken from the 800 MHz fund reserves. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approves the Fund 188 budget amendment recognizing additional revenues and increasing fund expenditures. SUBMITTED BY: _ Date: .6 — '16) ohn Daly, Radio Communications Manager REVIEWED BY: Date: William oakk�le , nformation Technology Director APPROVED BY: ` x {Cam`' �r� Dlite: Leo E. Ochs, Jr. , Admipistrator, Support Services ^' ✓ r AGEM A I! TEM No. JUN 2 2 1999 pg. APPROVAL OF BUDGET AMENDMENTS BCC Agenda of 6/22/99 Clam Bay Restoration (Fund 320) Budget Amendment #99 -275 Freshwater /Stormwater Analysis Environmental Consultant Fees Other Contractual Services $20,000 (20,000) Total -0- Explanation: Funds are needed to transfer funds into a project number. General (Fund 001) Budget Amendment #99 -287 Recreation Proerams Other Salaries & Wages $4,500 Other Contractual Services (4,500) Total -0- Explanation: Funds are needed to pay the cost of specialized instructors for a pilot program in handicap or special needs programming for youth being conducted by the Parks & Recreation Department. There appears to be a big need in the county for this specialized camp. Pelican Bay M.S.T.U.B.U. (Fund 109) Budget Amendment #99 -301 ROW Beautification Field Other Contractual Services $45,000 Regular Salaries (45,000) Total -0- Explanation: Funds are needed to pay temporary laborers being used to cover vacant positions. AGENDA ITEM No. 6, _ ") JUN 2 2 1999 Pg. EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE ADDITIONAL REVENUE FROM THE STATE EMS GRANT PROGRAM FOR BONUS PAY AND PHYSICAL FITNESS EQUIPMENT. OBJECTIVE: For the Board of County Commissioners to approve the budget amendment to recognize and appropriate additional revenue from the State EMS Grant Program for bonus pay and physical fitness equipment. ('ONSIDERATION: This budget amendment recounizes additional revenue achieved from the State EMS Grant Program. The State has approved use of this additional revenue for compensation of the Paramedics who have additional responsibilities as participants of the ALS engine program through September 30, 1999 and for purchase of physical fitness training equipment The ALS engine partnership was a pilot program approved by the Board on September 1, 1998. This program has achieved the stated goal of providing rapid advanced life support care by County Certified EMS Paramedics staffing an ALS engine. The bonus pay for Paramedics participating in the ALS engine program after September 30, 1999 will be included in the proposed F)'00 Emergency Medical Services bud` =et. FISCAL IMPACT: The cost of the bonus pay will be $4,500 and $7,43-1.31 for the physical fitness equipment. Funds are available by recognizing additional grant monies in the Emer_,encv Medical Services Trust Fund. GROWTH MANAGEMENT IMPACT: hone RE('ONlNIENDATION: That the Board of County Commissioners approve the budget amendment to recognize and appropriate additional revenue for bonus pay and physical fitness training equipment. SUBMITTED BY: Lmander Date: Steve Rockey, Emergency Medi REVIEWED BY:�� Date: Di�f ie B. Flagg, Chief, Emergency Se ices ep /� l� � ��' APPROVED BY: C Date. Michael A. McNees, Assistant County Admi ��c��rvu ITEM No. rtment BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JUNE 22, 1999 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. 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. May 24 - 28, 1999 3. Districts: A. East Naples Fire Control and Rescue District - Annual Financial Report for Year Ended September 30, 1998; Audited Financial Report; Management Letter; Budget for 1998; and Description of Outstanding Bonds B. Port of the Islands Community Improvement District - Proposed Budget for Fiscal Year 1999 -2000 C. Golden Gate Fire Control & Rescue District - Agenda of June 9, 1999 4. Minutes: A. Environmental Advisory Council - Agenda of June 2, 1999 and minutes of May 5, 1999 meeting B. Parks and- Recreation Advisory Board - Agenda of May 26, 1999 and minutes of April 28, 1999 meeting C. Comprehensive Plan Standards - Agenda for May 7, 1999 and minutes of April 27, 1999 and May 6, 1999 D. Bayshore Avalon Beautification Advisory Committee - Agenda of May 5, 1999 and minutes of April 7, 1999 meeting 5. Other: A. The Cleveland Clinic Foundation - 1998 Audited Consolidated Financial Statements of Obligated Group AGEN A ITEM No. JUN 2 2 1999 pg. 1 EXECUTIVE SUMMARY REQUEST THAT THE BCC AUTHORIZE EXPENDITURE OF BUDGETED 301 FUNDS FOR THE PURCHASE OF A FULL BODY X -RAY SYSTEM FOR INSTALLATION IN THE NAPLES JAIL FACILITY. OBJECTIVE: To obtain authorization for expenditure of 301 Funds for the purchase of a full body x -ray systems to be installed in the Naples Jail facility to replace the obsolete system currently being used. CONSIDERATIONS: The BCC allocated $75,000 for replacement of the x -ray machine in the FY 1999 Fund 301 budget. The existing system is obsolete. Proper purchasing procedures were followed by issuing an Invitation to Bid per ITB CCS099 -001. The Sheriff's Office is requesting that the Board authorize the expenditure of budgeted 301 funds and approve the necessary budget amendments for replacement of the x -ray machine. FISCAL IMPACT: The quotation in response to ITB CCS099 -001 for a full body replacement system is $62,503. Funds are available as follows: GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the purchase of a full body x -ray system for the Naples Jail facility. REQUESTED BY: REVIEWED BY: APPROVED BY: DATE: exsumlexxrafu\dv Myers, L . p n)V1 la, Acfingr Jail Administrator ',\T Don`I` tinter, Sh riff June 10 No. JUN en 1999 Fund Cost Fund Title Number Center Object Project Funding Level FY '99 Fund 301 611010 764990 00000 $ 62,503 301 Budget GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the purchase of a full body x -ray system for the Naples Jail facility. REQUESTED BY: REVIEWED BY: APPROVED BY: DATE: exsumlexxrafu\dv Myers, L . p n)V1 la, Acfingr Jail Administrator ',\T Don`I` tinter, Sh riff June 10 No. JUN en 1999 EXECUTIVE SUMMARY REQUEST THAT THE BCC AUTHORIZE EXPENDITURE OF BUDGETED 301 FUNDS FOR THE PURCHASE OF 800 MHz MOBILE AND PORTABLE RADIOS FOR THE SHERIFF'S OFFICE. OBJECTIVE: To obtain authorization for expenditure of 301 Funds for the purchase of 800 MHz mobile and portable radios. CONSIDERATIONS: The BCC allocated $80,000 for Sheriff's Office radios in Fund 301 budget. The Sheriff's Office is requesting that the Board authorize the expenditure of budgeted 301 funds and approve the necessary budget amendments for purchase of the 800 MHZ radios. FISCAL IMPACT: Funds are available as follows: The attached budget amendment transfers the budgeted funds to the correct object code (764210 - Communications Equipment). GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the budgeted purchase of 800 MHz mobile and portable radios. REQUESTED BY: - 0-/v, J n Myers, REVIEWED BY: APPROVED BY DATE: exs urn \ ex8 o ora d \ d v 'Analyst No. JUN Oi999 Fund Cost Fund Title Number Center Object Project Funding Level FY '99 Fund 301 611010 764370 00000 $ 78,908 301 Budget The attached budget amendment transfers the budgeted funds to the correct object code (764210 - Communications Equipment). GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the budgeted purchase of 800 MHz mobile and portable radios. REQUESTED BY: - 0-/v, J n Myers, REVIEWED BY: APPROVED BY DATE: exs urn \ ex8 o ora d \ d v 'Analyst No. JUN Oi999 EXECUTIVE SUMMARY RECOMMENDATIONS TO APPROVE A RESOLUTION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SPRINT /UNITED TELEPHONE COMPANY OF FLORIDA. OBJECTIVE: To gain Board of County Commissioners approval of the attached Resolution between the Board of County Commissioners and Sprint/United Telephone Company of Florida, for continuing the existing E -911 system. CONSIDERATIONS: To provide an enhanced "911" emergency telephone system for the citizens of Collier County. A Resolution to be executed by the Board of County Commissioners to allow Sprint/United Telephone Company of Florida to collect a fee at $ .31 per month per access line to fund the cost of maintaining the enhanced "911" system, from September 30, 1999 to September 30, 2000. 2. The Board of County Commissioners authorizes the Sprint/United Telephone Company of Florida to deduct an administrative fee equal to 1% of the monies collected for the enhanced "911" emergency telephone system. FISCAL IMPACT: The cost of funding this system will be paid by the subscribers. No ad valorem tax dollars will be expended. The fee for FY 98 -99 was $ .32. There is a reduction in the fee due to increased access lines and revenue. Any reserves will be accumulated according to Statute.(199- 919010- 991000- 00000) GROWTH MANAGEMENT IMPACT: The subscribers will pay for the system. RECOMMENDATIONS: That the Board of County Commissioners authorize the Chairman to execute the Resolution. See attachment for Resolution. PREPARED BY: Deborah R. D'Orazio, 911 Coor ' for APPROVED ¢Y: i - A L-t. /- Don Hunter, Sheriff, 911 Director DATE: AGEND ITEITEM No. 3) J U N 2 2 1999 Pg, � RESOLUTION NO. 99 - A RESOLUTION PROVIDING FOR THE IMPOSITION AND COLLECTION OF A LOCAL OPTION FEE FOR PROVISION OF ENHANCED EMERGENCY "911" TELEPHONE SERVICE AND EQUIPMENT WHEREAS, Section 365.171(13), Florida Statutes, provides that a county may impose a fee for charges for "911" service and equipment to be paid by local exchange subscribers on an individual exchange basis at a rate not to exceed fifty cents ($.50) per month per access line; and WHEREAS, The Board of County Commissioners of Collier County, Florida, deems it appropriate and in furtherance of public health, safety and welfare to access a fee for the enhanced "911" telephone service availability in Collier County. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Pursuant to Section 365.171(13), Florida Statutes, there is hereby imposed against local exchange subscribers a local option fee for the provision of enhance "911" emergency telephone service and equipment in Collier County. This fee shall be adjusted annually to cover allowable expenses as described in Section 365.171(13(a)(6), Florida Statutes. For the period of September 30, 1999 through September 30, 2000, the fee will be $ .31 cents per subscriber per access line per month. 2. The County requests that the telephone company (exchange telephone service provider) providing enhanced "911" service and equipment to Collier County collect from its subscribers within Collier County, the local option fee assessed by this Resolution and remit those fees to Collier County. 3. Said telephone company, pursuant to Section 365.171(13)(c), Florida Statutes, may retain as an administrative fee an amount of one percent (1 %) of the total "911" fees actually collected by said telephone company. 4. Money in reserve is being carried forward to provide for capital improvements described in Section 365.171(13)(a)(3), Florida Statutes. Additional money from fiscal year 1998 revenues to be added to the total reserves shall not exceed ten percent (10 %) of such fees billed for the 1998 fiscal year. The cumulative reserves are to pay for projected expansion and replacement of E911 equipment and service features described in Section 365.171 (a)(1 3)(6), Florida Statutes. All carry forward reserves shall be administered in accordance with Subsection 365.171(13), Florida Statutes. This Resolution adopted on the day of , 1999, after motion, second and majority vote for adoption. No J 'i iJ 2 2 1999 DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. BY: Pamela S. Mac'Kie, Chairwoman No J ; �1 2 2 1999 3 RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS. 713A, 713B, 813A & 813B IN THE LAWSUIT ENTITLED COLLIER COUNTY v. NAPLES ITALIAN - AMERICAN CLUB, INC., ET AL., Case No.98- 1672 -CA (Airport - Pulling Road 6- Laning Project -Pine Ridge Road to Vanderbilt Beach Road) OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of the easement on Parcel Nos, 713A, 713B, 813A & 813B for the Airport- Pulling Road 6 -Laning Project (Pine Ridge Road to Vanderbilt Beach Road) in the lawsuit entitled COLLIER COUNTY v. NAPLES ITALIAN - AMERICAN CLUB, INC.., et al., Case No. 98- 1672 -CA. CONSIDERATIONS: On July 23, 1998 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Airport- Pulling Road 6- Laning Project No. 62031 (Pine Ridge Road to Vanderbilt Beach Road). On August 12, 1998, Collier County deposited with the Registry of the Court the sum of Ninety Thousand Nine Hundred and No /100 Dollars ($90,900) for Parcel Nos. 713A, 713B, 813A & 813B in accordance with the Order of Taking. A Mediation Conference was held on June 2, 1999 at which the parties reached a settlement agreement whereby the property owners, Harry M. Buckley, Individually and as co- partner d/b /a Buckley Enterprises; Donald E. Buckley, Individually and as co- partner d/b /a Buckley Enterprises; Thomas E. Buckley, Individually and as co- partner d/b /a Buckley Enterprises and Ileus N. Buckley, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 98 -22). The terms of the Mediated Settlement Agreement (attached as Exhibit "A ") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement sets out in detail the stipulations agreed to by the parties concerning construction and use of Parcel Nos. 713A, 713B, 813A & 813B. The Mediated Settlement Agreement provides for Forty -Five Thousand Four Hundred Fifty and No /100 Dollars ($45,450.00) to be paid to Respondents in full settlement of all claims for compensation including business damages from Petitioner, including statutory interest, but excluding attorney's fees, expert's fees, costs and expenses. AGENDA IT M No. IL 33 C I ` " `, 2 2 1999 Pg. I Executive Summary CC v. Naples Italian- American Club, Inc. Parcels 713A, 71313, 813A & 813B Page 2 The Mediated Settlement Agreement provides for Respondents to reimburse the County Forty - Five Thousand Four Hundred Fifty and No /100 Dollars ($45,450.00) being the difference between amount awarded to Respondents for compensation and the amount County deposited as its good faith estimate of value. County has agreed to re- convey parcels 713A, 713B, 813A and 813B to Respondents by Quitclaim Deed within sixty (60) days of the court execution of the Stipulated Final Judgment pertaining to parcels 713A,713B, 813A and 813B. The Mediated Settlement Agreement provides that the Court shall retain jurisdiction as to the matter of Respondent's attorney fees, expert's fees, costs and expenses. FISCAL IMPACT: The reimbursement of $45,450.00 will be deposited into the District I (North Naples) Impact Fee Fund, Airport- Pulling Road Six -Laning Project - Pine Ridge Road to Vanderbilt Beach Road Project upon execution of the Stipulated Final Judgment by the Court. RECOMMENDATION: That the Board of County Commissioners: 1. approve the attached Mediated Settlement Agreement; and 2. approve the Stipulated Final Judgment which will incorporate the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. Prepared by: /s/ Julio Ordonez. Project Man a>?er Public Works Engineering Department Reviewed by: /s/ Ed Ilschner. Administrator Public Works Division Approved by: avid C. Weigel, County Attorney h: /ew /Executive Summary/CC v. Naples Italian- American Club RPTMIUMM • 4 -/l -? 9 Date JUN -10 -99 THU 13 13 BE /la /1399 03 ;23 JUM-- 8 -88 WED 15 :18 EARLE & PATCHEN ei EARLE & PATCHEN FAX N0. 3053723691 H M BUGKL.EY INC FAX No. 3053723891 i IN T" MVLCL"T COMIr OF TIM TWP.Z*MMH JUDICIAL C'1RMT IN AND FOR COLUER COUNTY. FLORIDA P. 03 MiE B2 P. 02 COL LIM COUNTY, FLORMA, a political wbdiyisiw of the state oCitlaclda, CASE NO. 98 -1672 CA Potttiorar. . vs. CIVIL, ACTION 1110 A "LEN I'TAIIAN- AMIRAWAN t''I.UD, PARCELS-. 713A, 7139, 913A. INC., a Florida catpamtion; st 41, Alin 1'fI AT D —MErus liczINACRFXMrr�T At a Mediation Cortferctiee held an June 2, 1999, the partIcs rraclica [lie tbllowing Settlement A.groo ent: 1. Pcthloner will Pity to Rcsltondcnta, fit RR' M. BUCKLLY. Individutilly anti as Co- Patna d& /ti BUCKLRY BNTERPRIMS.' DONALD 8, BUCKLEY, individually and its ca partner d/b/a BUCKLEY F.AIT>?I wsm; ?i o mA3 B. DUCISUY, individually and us co- pArtnor ftla BUCKLEY ENTSAPAISPS; and IMUS N. BUCKLEY, the atone of in lint settlement of sill Claims for compenzation Including bwiitoss damages from Petitioner, Including statuta y itttemsl, but excluding atimey"s lbti, expo!', foes, cojt9 and oxpalIg a. 2. Petitioner is entitlal tb ■ cradt'l In tits tlm4unt or Ninety Thoysnnd Aline Hundred and NO/100 Dalian (590,900.00), which was proviausly 'deposited in this ease by P4tittirW ft (he benefit of Respondents. 9 EXHIBIT - AGENDAITEM No. J 2 2 M99 P9. -------- JUN -10 -99 THU 13:13 BE-/115/1993 69:29 01 JUK- 9-90 WED 15 :16 R EARLE & PATCHEN EA RLE & PATCHEN FAX N0, 3053723691 P,04 H M BUCKLEY INC F'I 03 FAX NO, 3053723691 P' 3 3. R.9opmdemts slloll pay Potitiorw* tho balonce of _, ' d—i ty k:!C • l rl al d,apd } - � c.1i -?± 5�.�• �� j within sixty (60) days ol mun caccution of the Stipulated rinal Jadsmant pertaining to parvols 713A, 7135, 813A 813B. 4. Tbls mcdlatlon is sutbjew to the approval of the Dowd of County Cornrnimionm. t�.a�tl}la- caust�tth � � e�- e�ko,StWu � �' 44fti•fodginent VW=Wrig tome" 13A-. it 311, 8tsArwd- 84-38, t S.— .' bet this sottl meat agreement attd the msulung proposed Stipulated) F 11..1.1. ]udgraerht rq rrcncsed hcazin era based on Patitiontea -a rnauucilon plops kmd speeiraatiOng, att"W herato as composito fixhiblt "P ", 13 staid piano relate to namets 713A, 71313. 113A and 2130 and IW&r nurtainder, being lmplemonled by Politioner. A tordingly, if tleo projoet is not sa impkmoirted, Respondents shall havo Lite same remodiaa as would have been xMir led to them had the case been =91v9d by vardlct with said piano and spcdllcntions having bccn made a pod Of the record at iriM. Ceniml and Southern Florida Flood CorMibl Dirlr(ot v. Wyd R(rcr r- an) +s. lac., 247 So.2d 323 (Pit%. 41h DCA 1974) Fari. de #1144310 So.2d 743 021n. 1975). 6. Petitioner shall convoy pamelo 713A, 7130, 80A anti 813E to Aeapondcnts by Quitclaim Deed within sixty (60) days of the court exechttion or tic Stipulated Final Judgment partafnitrg to porecla 713A. 71313, $13A and 8130. This Conve'yanee in based on the County's represeniation that 11 has tatcaa 4o action to • result in ttte ' plcteame,nc or lion or ancutubranaes against theca panels ft+om the drat of tlta Ciiier of Tutting to ilia date Quitelsftta Dead In recorded 'in lira pub[ [a hand rrcordw 7. Attached hereto is an addendum to this Agrt;cntrnt., Yes _ No 2 No. it, 71 L1 J 2 1999 JUN -10 -99 THU 13 :14 EARLE & PATCHEN FAX N0, 3053723691 P.05 06/10/1999 09:29 01 H M BUCKLEY INC; PA p4 M 9 -99 WED 15;17 EAEZLE PATCHEN FAX H10, 3053723681 P. 4 8. This ASrccment (and addendum i f arty) containo) all oC the agr�cetnauts br ►6 parties. and every part ofavory MiSM tmo„ t, 9. The Court will ratain jurir4coon ttmin to enforce the torms set forth in 9t1pulated Flml Judgment relbremed in paragraph 10 sad as to the matter of Rospond*u )a' JdUmey A=, expmVI fees, costa, and expensde. 10. Counsel fbr Petitioner and Raspondents will jointly submit to the Court signatm A mutually Approved form of a proposed Stipulated Final Judgment as soon as tremtitpr,_ jwd In any t:vtnt w;thin o„ pf _rho gate qr this awry t. atd. PMP°�` '' Bupulatd l Ju ant sitioll incorporate, include And sot firth' all proviaiona of this at c�ccapt s um>s�red 111. Hrian Patal3cn, $agvt m )oa W. F izol, Esquire Flotilla >3Ar 01 $7545 Florida Bar 11019=6 RARLIE 4 PATCH12N, P -A. VIXIiI.. & MAWRE iWO Bri*oil Av«nue 211 South Gudaclon StrCCt - Saito 1112 Taliahassoe "'Florida 32001 MiaMi, Flarldo 33131 Tvlcphonc: (11SO) 691 -1800 Telephone: (305) 372 -1112 FaCsjrni18 (810) 681.94 17 Fecdlmil'o: ('305) 372 -1691 MorrAy for Petitioner Attoximy for k4spotnlanes 3 AGEN A ITE No. �' I� N4 2 1999 t Pg. �41 HARRY M. BUCKLEY, OdIvidually and a4 Heidi F. Ashton. Eaquire co- partner dWa BUCKLEY ENTRRPRISBS Assistant Co(Inty Altoracy Florldn Bar #0966770 Assistinl Copnly Attontcy Collloc Couiiiy Attorney,a OMCC 301 East Tumiaml Trull DONALD 13. BUCL , IndividWly Noplea, Florida 34112 -4902 as t:o Wimr tllbla Bt]CKI.,BY gi�l'T8 28 Tolephono; (441) 774 -8400 FacalmilC (941) 774.0225 Attont" ibr Petitioner 3 AGEN A ITE No. �' I� N4 2 1999 t Pg. JUN -10 -99 THU 13:15 EARLE & PATCHEN 06110/1999 09:29 01 JUN - 5-99 WD 15:17 EARLE & PATCHEN to TAUMAS in. DU'CKLEY, lndividuuliy and as coyio►rptat We BUCKLBY ANTERMSM 4 FAX N0, 3053723691 H M BUCKL.EY INC FAX NO, 3053723991 . . is . P. 06 05 P. AGEP IDA ITEM No. Ite 7, 2 1343 "9 Pg. JUN -lU -H fHU 13 :15 p� /1,8(1599 09:29 JUN-- 9 -86 WED 15;18 01 EARLE & PATCHEN EARLE & PATCHEN FAX N0. 3053723691 H M BUCKL,EY INC FAX NO, 3053723691 i P. 07 ©a P. le �. -_.... ���, -SI � /,�, ter. �d_. �_�:!��� - - . - - -- . • _ �r .._. _ • J —. iYW ..._rrr•.w-_'—= �= YIIMIInfw.+_ _.. . ►�.._. -.. ...... F.. __ _._ � .. _. .. rr Y _COME - i ��r.►a ��_.. �. 47L'��.Jy� P. .. r....._.........y____� ....- .w rr. .-- w- ..._.�... . w w.....-- _.. —_.__ .. a u....yu .w .1• .. ._ .- AGENOA ITENt \ _. 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O.n o O t � o o 'R. 0 o {� 0 i 3h C F n�aU n n ia�xy . am m a� c� U 0 + n S to o ti — �^ n N y s �� IT M AG4ND RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS. 106A, 106B, 706 AND 806 IN THE LAWSUIT ENTITLED COLLIER COUNTY v NAPLES ITALIAN - AMERICAN CLUB, INC., ET AL., Case No.98- 1672 -CA (Airport- Pulling Road 6- Laning Project -Pine Ridge Road to Vanderbilt Beach Road) OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of the easement on Parcel Nos. 106A, 106B 706 & 806 for the Airport- Pulling Road 6 -Laning Project (Pine Ridge Road to Vanderbilt Beach Road) in the lawsuit entitled COLLIER COUNTY v. NAPLES ITALIAN - AMERICAN CLUB, INC.., et al., Case No. 98-1672 - CA. CONSIDERATIONS: On July 23, 1998 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Airport- Pulling Road 6 -Laning Project No. 62031 (Pine Ridge Road to Vanderbilt Beach Road). On August 12, 1998, Collier County deposited with the Registry of the Court the sum of Sixty -One Thousand One Hundred and No /100 Dollars ($61,100.00) for Parcel Nos. 106A, 106B, 706 & 806 in accordance with the Order of Taking. A Mediation Conference was held on June 2, 1999 at which the parties reached a Mediated Settlement Agreement whereby the property owner, Naples Italian- American Club, Inc. will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 98 -22). The terms of the Mediated Settlement Agreement (attached as Exhibit "A ") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement sets out in detail the stipulations agreed to by the parties concerning construction and use of Parcel Nos. 106A, 106B, 706 & 806. The Mediated Settlement Agreement provides for Ninety Thousand and No /100 Dollars ($90,000.00) be paid to the Respondents in full settlement of all claims for compensation from Petitioner, including statutory interest, but excluding attorney's fees, expert's fees, costs and expenses for the property rights taken as to Parcel Nos. 106A, 106B 706 & 806. The Mediated Settlement Agreement provides that Collier County shall deposit the additional amount of Twenty -Eight Thousand Nine Hundred and No /100 Dollar ($2A "T! with the Registry of the Court. No. __(o Z(.2 V ii 2 2 113,C19 Pa.. Executive Summary CC v. Naples Italian- American Club, Inc. Parcels 106A, 10613, 706 & 806 Page 2 The Mediated Settlement Agreement further provides that the Court shall retain jurisdiction as to the matter of Respondent's attorney fees, expert's fees, costs and expenses. Cost: $28,900.00; to be obligated in the budget for FY 98/99. Fund: (33 1) Road Impact Fee District 1 North Naples Cost Center: (163650) Road Impact Construction Project Number: (62031) Airport- Pulling Road 6 -Laning Project (Pine Ridge Road to Vanderbilt Beach Road) �e'��1�'.Ti�l�u ����7 �►�i ��Jl �f�I�T�.1�►`� RECOMMENDATION: That the Board of County Commissioners: 1. approve the attached Mediated Settlement Agreement; 2. approve the Stipulated Final Judgment which will incorporate the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry; and 3. approve the expenditure of the funds as stated. Prepared by: ; Heidi F. Ashton _A4ssistant County Attorney - - Julio t3rdonez, Project Manager Public Works EngineMng Department Reviewed by: Ed Ilschner, Administrator Public Works Division Approved by David C. Weigel, CQhty Attorney h: /ew/Executive Summary /CC v. Naples Italian- American Club Date Date a Dat zP fib Date AG EiA T N� IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, vs. CASE NO. 98 -1672 CA CIVIL ACTION THE NAPLES ITALIAN- AMERICAN CLUB, PARCELS: 106A, 106B, INC., a Florida corporation; et al. 706 & 806 Respondents. MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on June 2, 1999, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Respondent, THE NAPLES ITALIAN - AMERICAN CLUB, INC., a Florida corporation, the sum of ($ "1 y , 000 ) in full settlement of all claims for compensation from Petitioner, including statutory interest, but excluding attorney's fees, expert's fees, costs and expenses. 2. Petitioner is entitled to a credit in the amount of Sixty -One Thousand One Thousand and No /100 Dollars ($61,100.00), which was previously deposited in this case by Petitioner for the benefit of Respondent. All said funds deposited with the Registry of the Court shall be released to Respondent, The Naples Italian- American Club, Inc., after entry of the Stipulated Final Judgment for proper distribution. 3. Pc -� h'c 'U.K will pay es o n cl_t-, i" the balance of 1_ h n" S t "Ici n . -u t--f« ($ K `' T-) 0 ), subject to the approval of the Board of County Commissioners, into the registry of this Court within thirty (30) days of the Court's execution of the Stipulated Final Judgment pertaining to parcels 106A, 106B, 706 and 806. 4. Petitioner shall provide the following during the construction of ran GEi4DA ITr" Blossom Drive: f o. _1G, *3-1 t� f � c!✓CJ _Ti -� EXHIBIT g• a. Close Respondent's existing driveway connection located on Orange Blossom Drive. b. Construct a driveway connection on Orange Blossom Drive which aligns with the driveway entrance to the County's Animal Control facility on the North side. c. Provide Respondent a "stub -out" along their northern right -of -way line on Orange Blossom Drive and adjacent to the eastern boundary of the parking lot, for sewer force main connection at a later date, which connection shall be made pursuant to the Petitioner's specifications, at Petitioner's sole expense. 5. This Settlement is conditioned upon Petitioner obtaining a formal written interpretation, pursuant to Section 1.6 of the Land Development Code (LDC) , from the appropriate County planning staff, satisfactory to Respondent, from which no appeal has been taken, that gross acreage for the development or redevelopment of Respondent's remainder property equals 5 acres for purposes o density calculation and minimum lot size. /0 9111 t _ 6. This Settlement is conditioned upon Respondent obtaining ao foot setback J variance along Parcel 106B. County real estate acquisition staff shall use its best efforts to the extent of its authority to assist in processing said variance, and shall not object to Respondent's request for a waiver of the filing fee, and the County Public Works Engineering department and/or the Office of the County Attorney shall issue a letter of support for a variance application depicting the 40 foot setback resulting from the taking of parcel 106B. If Respondent proceeds in good faith and the variance is denied, then this Settlement Agreement shall be null and void. Respondent shall file the application for the variance within 25 days of the date of this Mediated Settlement Agreement. 7. Attached hereto is an addendum to this Agreement: Yes X No 8. This Agreement (and addendum if any) contain(s) all of the agreements of the parties, and every part of every agreement. 9. The Court will retain jurisdiction herein to enforce the terms set forth in the Stipulated Final Judgment referenced in paragraph 10 and as to the matter of Respondent's attorney fees, expert's fees, costs, and expenses. 10. Counsel for Petitioner and Respondent will jointly submit to the Court for signature a mutually approved form of a proposed Stipulated Final Judgment as soon as practical hereafter, and in any event within 30 days of the date of this agreement. Said proposed Stipulated Final Judgment shall incorporate, include and set forth all provisions of this agreement except this final paragraph numbered 10. AGEigDA 1TQM No. J1 1 t 6l -4 IS C; 7 . J. Christopher Lombardo, Esquire Florida Bar #372641 WOODWARD, PIRES & LOMBARDO, PA Pelican Bay 801 Laurel Oak Drive Suite 710 Naples, Florida 33963 Telephone: (941) 556 -3131 Attorney for Respondents NAPLES ITALIAN AMERICAN CLUB, INC. By: AL , �' r its` '/ Fixel, Esquire Bar #0192026 FIXEL & MAGUIRE 211 South Gadsden Street Tallahassee, Florida 32301 Telephone: (850) 681 -1800 Facsimile (850) 681 -9017 Attorney for Petitioner Heidi F. Ashton, Esquire Assistant County Attorney Florida Bar #0966770 Assistant County Attorney Collier County Attorney's Office 3301 East Tamiami Trail Naples, Florida 34112 -4902 Telephone: (941) 774 -8400 Facsimile: (941) 774 -0225 Attorneys for Petitioner AGENDA No J 2 2 Kw3 Pg. 3 r RECOMMENDATION FOR THE BOARD OF COUNTY COMMISSIONERS TO WAIVE THE PURCHASING POLICY AND DIRECT THE RISK MANAGEMENT DEPARTMENT ON BEHALF OF THE COUNTY TO RETAIN DAVID BRYANT, ESQ. AND DAVID E. BRYANT, P.A. TO REPRESENT COLLIER COUNTY AND THE FORMER AND CURRENT COLLIER COUNTY EMPLOYEES THAT HAVE BEEN NAMED AS DEFENDANTS IN THE LAWSUIT STYLED THOMAS WAJERSKI Y. COLLIER COUNTY, ET AL., CASE NO. 99-303 - CIV-FTM-24D, NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA. OBJECTIVE: For the Board of County Commissioners to waive the Purchasing Policy and direct the Risk Management Department to retain David Bryant, Esq. and David E. Bryant, P.A. to represent Collier County and all current and former County employees that have been sued in the lawsuit styled Thomas Wajerski v. Collier County, et. al., Case No. 99- 303 -CIV- -- FTM -24D. CONSIDERATIONS: David Bryant, Esq. and David E. Bryant, P.A. currently represent Collier County and several current or former County employees that have been sued in two lawsuits filed in state court by former County employee Thomas Wajerski. Those two suits are styled, respectively, (1) Thomas Wajerski v. Kopka and Bolton, Case No. 95- 2955- CA- 0I -CTC and (2) Thomas Wajerski v. Collier County, Bolton, Ijams and Flagg, Case No. 95- 3067- CA -01- TB. These cases have been pending since 1995 and extensive discovery, including many depositions, has occurred over that period. On or around June 7, 1999, Mr. Wajerski filed a third lawsuit, this time in federal court, against Collier County as well as a number of individuals. Several of these individuals are also defendants in the state court lawsuits. Mr. Wajerski's federal lawsuit, although alleging a conspiracy to violate his federal civil rights, generally contains allegations that are already at issue in the two state court lawsuits. Accordingly, Mr. Bryant is ultimately the logical choice to represent the County and the various individuals in the federal court lawsuit. Under Resolution No. 95 -632, it is the County's policy to provide legal representation to current or former County employees who have been sued where there is no information to indicate that the person sued has acted or failed to act in bad faith or with a malicious purpose or in wanton disregard of human rights, safety or property. Accordingly, it would be the recommendation of the Risk Management Department and the Office of the County Attorney that the Board agree to provide a defense to the current and former County employees sued by Mr. Wajerski in the federal court lawsuit including Peter Bolton, Walter Kopka, AGENDA IT Norris Ijams and Tom Whitecotton. N0. S 3 1 JUN 2 2 1999 To the extent that it is necessary to waive the Purchasing Policy, i.e., Collier County Resolution No. 95 -353, as amended, for the procurement of legal services, the Risk Management Department and the Office of the County Attorney are in agreement that it would be in the best interest of the County to do so and to direct the Risk Management Department to retain Mr. Bryant and his law firm for representation. This is so in light of the knowledge Mr. Bryant has gained over the past five (5) years about the issues in the litigation with Mr. Wajerski and the extensive discovery, including depositions of many of the defendants in the new lawsuit, that has already occurred in the earlier cases. FISCAL IMPACT: The fees of Mr. Bryant would be approximately $95.00 per hour to handle this representation. It should be noted that because of the discovery that Mr. Bryant has already conducted, the overall fee to be incurred by the County is likely to be far less than if other outside counsel were retained to handle this matter. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners waive the Purchasing Policy in the best interest of the County and direct the Risk Management Department on behalf of the County to retain David Bryant, Esq. and David E. Bryant, P.A. to represent the County and the former and current County employees that have been sued in the lawsuit styled Thomas Wajerski v. Collier County, et al., Case No. 99- 303- CIV- FTM -24D, now pending in United --- States District Court for the Middle District of Florida, and to authorize the Risk Management Director to execute the contract with Mr. Bryant and his firm. PREPARED BY: Date: Michael W. Pettit Assistant County Attorney REVIEWED BY: _2�b Lid �' ✓vG� Date: Steve Carnell, Director Purchasing Department APPROVED BY: Date: AJW alker, Director Risk Management Department APPROVED BY: Date: David C. Weigel County Attorney h :Lit \Wajerski \ExSum-counsel s...+.�.. AGENDA ITEM 2 NO. _Jh j ) JUN 2 2 1999 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE A CONTINUING RETENTION AGREEMENT FOR LEGAL SERVICES ON AN "AS NEEDED" BASIS WITH THE LAW FIRM OF CARLTON, FIELDS, WARD, EMMANUEL, SMITH & CUTLER, P.A., TO MEET COUNTY PURCHASING POLICY CONTRACT UPDATE REQUIREMENTS. OBJECTIVE: The Board approve a continuing retention agreement for outside legal services on an "as needed" basis. CONSIDERATIONS: Attached for the Board's approval is a Continuing Retention Agreement with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., ( "Carlton, Fields ") which is a law firm used by the County on an as- needed basis to provide specialized legal services. The contract does not address any specific project or assignment, but rather sets forth the criteria under which payment will be made when services are requested. Although this firm has a wide array of legal expertise, the County generally requests services on an as- needed basis in the area of construction law and contract matters. The most recent agreement with the firm expired by its own term April 18, 1999 prior to a renewal with revised rates. The rates charged by the law firm vary, as with any law firm, depending upon the attorney working on the matter and the other resources that are necessary to provide the County with the services it requests. Although this firm has increased its rates slightly over the prior agreement, the firm previously had agreed that the increased rates would not be charged to the County under past agreement renewals and would only be effective when it was necessary to revise the contract. Slightly increased rates are therefore reflected in the attached agreement. The agreement also provides for reimbursement of actual out -of- pocket expenses to make clear that lodging and traveling expenses are to be paid in accordance with Section 112.061, Florida Statutes, which is the section applicable to travel by County personnel. FISCAL IMPACT: The approval and execution of the attached continuing retention agreement has no fiscal impact in and of itself but there will be a fiscal impact in accordance with the terms and conditions of such contracts, upon the County's request for legal services. Such fiscal impact will be determined on an AGENDA ITEM JUN 2 2 1999 Pg. hourly basis at the rate of the attorney working on the request or project and will include appropriate reimbursable expenses including travel and per diem expenses in accordance with Section 112.061, Florida Statutes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve Chairman to execute the attached continuing with the law firm of Carlton, Fields, Ward, Cutler, P.A. for specialized legal services needed basis. Additionally, direct the Clerk at the prior contract rate for work performed through the effective date of this agreement. Approved by: G /4 9f David C. We g��� Da Ye �— County Attorney DCW /dda/H /exec summ/1999/ re Carlton, Fields Continuing Retention Agreement and authorize the retention agreement Emmanuel, Smith & requested on an as- to pay all invoices from April 18, 1999 AGENDA REM ND, JUN 2 2 1999 Pg. :P SENT BY= CFWESC- FAXROOM ; 6 -15 -90 ; 1:28PM ;CARLT01,FILLDS- IA.NWA- 1U41ii4u22D ;n Zi 5 CONTINUING RETENTION AGREEMENT This Continuing Retention Agreement is made between the Board of County Commissioners of Collier County, Florida (the "County "). and the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., of Tampa, Florida ( "Carlton, Fields ") Whereas, Carlton, Fields has special expertise and resources in a wide range of legal matters, with particular expertise in construction law, litigation, appellate matters and utilities; and Whereas, the County from time to time has a requirement and deed for legal services which are particularly within the expertise of Carlton, Fields; Now, Therefore, it is agreed as follows: Carlton. Fields agrees to render legal services to the County for work which may be assigned to Carlton, Fields from time to time through the County Attorney's Office. For all previously assigned, continuing and subsequently assigned work performed by Carlton, Fields, the County agrees to pay Carlton, Fields for services rendered, with fees based on the normal hourly rates Carlton, Fields customarily charges to its similar clients for similar services. At present, such rates are as follows for the indicated Carlton, Fields partners currently providing the principal illegal services to the County in certain matters: Michael F. Nuechterlein (construction law) Luis Prats (construction law) TP"1 581769.01 Page 1 of 4 $220.00 Oper hour $200.00 Oper hour AI No 2 2 1999 2 SENT BY:CFKESC- FAXR00M 6 -15 -88 : 1 :28P11 :CARLT0N,FIELDS -TAMPA 18417740225:» 3/ 5 Rates charged by other attorneys in the firm are not to exceed $180.00 per hour. Lesser hourly rates are applicable for legal services to the County rendered by Carlton, Fields law clerks and legal assistants. Invoices to the County for legal services rendered shall be itemized and shall set forth the attorney or paralegal, subject of the charge, the time applicable to the charge and the rate per hour. The County agrees tv reimburse Carlton, Fields for all out- Of-pOGKet expenses/production costs directly related to assigned work, including the retention and utilization of sub - consultants. The use of a multiplier for these expenses /production costs will not be allowed. Typical reimbursable expenses include travel, lodging, meals and travel expenses when traveling on the County's behalf, identifiable cGmmunicdtion cmtzi, identifiable reproductions costs, and special computer expenses not applicable to general overhead. The County will reimburse per them and travel expenses in accordance with Section n11 12.061, Florida Statutes, entitled Per Diem and Travel Expenses of Public Officers. Employees and Authorized Persons, as amended. This requirement currently includes, but is not limited to, expenses such as automobile travel expenses reimbursement at $.25 per mile and meal expenses reimbursements at the following rates: Breakfast -$3.00 Lunch -$6.00 Dinner -$12.00 Carlton, Fields shall have professional liability insurance. Coverage shall have minimum limits of $3,000,000 Per Occurrence, Combined Single Limits. If any liability insurance obtained by Carlton, Fields to comply with the insurance requirements contained TPASi5ainmo1 Page 2 of 4 AGED y No . 1 2 1999 Pg. SENT BY:CFWESC- FAXROOM ; 6 -15 -99 ; 1 :29PNI ;CARLTO \,FIELDS- TAMPA- 19417740225:-, 4/ 5 herein is issued on a "claims made" form as opposed to an "occurrence" "form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non - renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. This agreement may be executed in multiple counterparts. In Witness Whereof, the County and Carlton, Fields have caused this Continuing Retention Agreement to be executed on the date stated below. DATE. BOARD OF COUNTY GOMMISSIONEK OF COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency,] David C. Weigel County Attorney DATE: - x43208 CARLTON. FIELDS, WARD, EMMANUEL, SMITH & CUTLER. P.A. By: AGEN No._ I TPA *1581789.01 Page 3 of 4 J1,,1 2 2 1999 Pg. AGEN No._ I TPA *1581789.01 Page 3 of 4 J1,,1 2 2 1999 Pg. SENT BY :CFWESC- FAXROOM 6 -15 -99 ; 1 :29PM ;CARLT0N,FIELDS- TAMPA- 19417740225;# 5/ 5 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this /fj day o 1999, by z4-', Q__Z� as ,rte �w - of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., a Florida Professional Association, on behalf of the professional association. He /she is p rsonally known to a or produced as identification. r' _ Signature of Notary Public Name of Notary Public typed, printed or My Commission Expires: _i. X�rt wn GDMMIS" I GC30M WIRES NOWMbW 12, 1908 TP"1 se 1 7s9. o1 Page 4 of 4 J U N 2 2 1999 P EXECUTIVE SUMMARY PETITION VAC 99 -007 TO VACATE A 12' WIDE PLATTED DRAINAGE EASEMENT ALONG THE LOT LINE COMMON TO LOTS 22 AND 23, BLOCK C, ACCORDING TO THE PLAT OF "GOODLAND ISLES FIRST ADDITION", AS RECORDED IN PLAT BOOK 8, PAGES 1 AND 2, PUBLIC RECORDS OF COLLIER COUNTY, LOCATED IN SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST, AND TO ACCEPT A 10' WIDE REPLACEMENT DRAINAGE EASEMENT. OBJECTIVE: To adopt a Resolution to vacate the above described Drainage Easement and to accept a 10' wide Drainage Easement as a replacement easement. CONSIDERATIONS: Petition VAC 99 -007 has been received by Planning Services from Jay McMillen, as agent for the petitioners, Gordon E. Culver and Conrad Lee Culver, requesting the vacation of the above - described 12' wide Drainage Easement to accommodate future construction improvements. They are also requesting that Collier County accept a 10' wide Drainage Easement as a replacement easement. Letters of no objection have been received from all pertinent users and agencies. Zoning is V.R. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioners which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition VAC 99 -007 for the vacation of the above - described Drainage Easement; and 2. Approve and accept the replacement Drainage Easement: and 3. Authorize the execution of the Resolution by it's Chairman and direct the Clerk to the Board to record the replacement Drainage Easement documents and to record a certified copy of the Resolution in the Official Records; and 4. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: Rick Grigg, P.S.M. Plannin Services REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager REVIEWED BY: Robert Mulhere, AICP DATE: 5 - /,e -- W DATE: ff DATE: Pl ' g Services partment Director APPROVED B - DATE: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services AGENDA ITEM No.�,� S9 P9.— _/_ i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 .. ---2Q i 22 23 24 P& 26 27 28 29 30 31 32 33 34 36 37 38 RESOLUTION NO. 99- RESOLUTION FOR PETITION VAC 99-007 TO VACATE A 12' WIDE PLATTED DRAINAGE EASEMENT ALONG THE LOT LINE COMMON TO LOTS 22 AND 23, BLOCK C, ACCORDING TO THE PLAT OF "GOODLAND ISLES FIRST ADDITION ", AS RECORDED IN PLAT BOOK 8, PAGES 1 AND 2, PUBLIC RECORDS OF COLLIER COUNTY, LOCATED IN SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST AND TO ACCEPT A 10' WIDE REPLACEMENT DRAINAGE EASEMENT. WHEREAS, pursuant to Section 177.101, Florida Statutes, Jay McMillen, as agent for the petitioners, Gordon E. Culver and Conrad Lee Culver, does hereby request the vacation of a 12' wide platted Drainage Easement along the lot line common to Lots 22 and 23, Block C, according to the plat of "Goodland Isles First Addition ", as recorded in Plat Book 8, Pages 1 and 2, Public Records of Collier County, located in Section 18, Township 52 South, Range 27 East and to accept a 10' wide Drainage Easement as a replacement easement; and WHEREAS, the Board has this day held a public hearing to consider vacating said Drainage Easement as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the 10' wide Drainage Easement, more particularly described in Exhibit 'B" attached hereto and incorporated herein, is hereby accepted as the replacement easement for the Drainage Easement vacated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to form and legal su c ncy: Heidi F. Ashton Assistant County Attorney BY: PAMELA S. MAC'KIE, Chairwoman N0. —,/, Ed — 1 U1 'N 2 2 1999 Pg. cl� PORTELLA -RoWE ASSOCIATES. INC. 't.l surveyors - l,oneu[fing (! ngineere 2384 LINWOOD AVE.. NAPLES. FLORIDA 34112 PHONE 941 - 775 -6511 FAX 941- 775 -6465 FW. "BILL- ROWE. PLS MAILING ADDRESS: DENNIS M. PORTELLA SR.. PLS MARCH 2, 1999 P.O. BOX 10065 NAPLES. FLORIDA 34101 Exhibit "A' Sheet 1 of 2 DESCRIPTION OF DRAINAGE EASEMENT TO BE VACATED VAC 99-007 A 12 FOOT DRAINAGE EASEMENT LYING 6 FEET ON EACH SIDE OF THE PROPERTY LINE BETWEEN LOT 22 AND 23, BLOCK "C ", GOODLAND ISLES, FIRST ADDITION, AS SHOWN AND DEDICATED IN PLAT BOOK 8, PAGES 1 AND 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DENNIS M. PORTELLA SR., PLS #4504 DATE: MARCH 2, 1999 Not valid unless signed and sealed with embossed seal. AGENDA ITEM No._Z'Z'�—� JUN 2 2 1999 Pg. 3 PALM WATERWAY N 87.53'43' W 67.57' (M) 67,5' (P) L EA" "A" ShM 2 of 2 VAC 99 -007 FND WITNESS COW** 5 /e. ROD FHD NAf� 6 /J 6 PSR DISK116646 w 6` x a O 10.2 6' a! Lai U 7.3' WOOD _ 12' z N N SHED b I 19.61 U Z z y 3 QU z a LOT 22 � ru � F. BLOCK 'C' N � U LOT 21 (z y �► W� ca o BLOCK 'C' W 1 W 0- cs ` .+/ — p t/1 kn LOT 24 BLOCK J 2 � J � W U W \ 3 z CD • J ~ O U cu N Ron :PLR N 87.53'43' W N 12.7 18.8' (VACrTIO1 in { fu M iu t RI 1u E- ' 13 C3 67.57' (M) 67,5' (P) of(r1 O CU W F- p J t 3 0 C) to F7+ID VIINESS CORNER 0,38, S 67,57' (M) 67.5' (P) — -- —�� b-- PALM AVENUE 60' R/W DESCRIPTION 13F DRAINAGE EASEMENT TO BE VACATED A 12 FOOT DRAINAGE EASEMENT LYING 6 FEET ON EACH SIDE OF THE PROPERTY LINE BETWEEN LOT 22 AND 23, BLOCK 'C', GOODLAND ISLES, FIRST ADDITION, AS SHOWN AND DEDICATED IN PLRT BOOK 8, PAGES 1 AND 2 OF THE PUBLIC RECORDS OF COLLIER, COUNTY, FLORIDA. Dennis M. Portello, Sr. PLS #4 4 Not valid unless slpned and sealed with embossed seal, NUf A 140 /%e JUN 2 2 1999 Pg 'D 1119/2:5 1 X*73 Pr4WAIM M OXTUN UZD STrjc1uK3 W Sw FL OR MA Pawrw" -wn AMC& lM. W. to join 2304 LOOM OL NMuLa R 34112 foY1A f. W CM o WrM1 & 1s" (90) 7M-W1 DRAINAGE EASEMENT Exhibit "B" Sheet 1 of 3 VAC 99 -007 THIS EASEMENT, granted this 2 !! D day of ,c7p &z j L , 1999 between Gene Culver and Conrad Culver as GRANTOR, COLLIER COUNTY BOARD OF COIvIlvIISIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEE. WITNESSETH That the GRANTOR, for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration paid by the GR�TEE, receipt of which is hereby acknowledged. Hereby conveys, grants, bargains and ells unto the GRANTEE, its successors and assigns perpetual, non - exclusive easement, license, and privilege to enter upon and to install and maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida. (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating and maintaining stormwater drainage facilities thereon, GRANTOR and GRANTEE are used for singular or plural, as the context requires. AGENDA {TL No. / Zd 2 2 1999 pg._ Exhibit `B" Sheet 2 of 3 VAC 99-007 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in our presence: W1 ess ?;or don E u ver /4- e 104. �',"-.14 d YinLea Name- Wi ness )] Conra Lee Culver L4 PI-Nf i llp: o KUolt— Whose Mailing Address is: Printed Name 13010 Azealea Dr. Seneca SC 29678 STATE OF - COUNTY OF c 0 w t-e he foregoing instrument was acknowledged before me this ..^J day of P� k-U' L- , 1999 by Gordon E Culver and CO�—Lee Culver. T ey are personally known to me or produced as identification and did not take an oath. NOTARY PU IC 011r Printed Na e Nt s -rA e:.. %-- 3 k My 00Mjr:ission ExpI'1es 3-24 2008 AGENDA JUN 2 2 10 29 Pg. PALM WATERWAY N 87'53'43" W 57.57 (M) 67.5 (P) FND NAIL-- IND WITNESS 10' CORNFR 5/8'• RnD A PAR LY M W `- z W 7 UH z y v> CJ 12.2 w z w v7 v7 FT LOT 22 o I--- BLOCK "C" LOT 21 BLOCK "C" 01, 9' a ? a v z z , Y ry� ? 7 Z Q U 0 N (n FND 5/8" ROD # PAR X 67.57' (M) 67.5' (P) TOTAL t 2' W z � J m 1 N POINT OF COMMENCEMENT SW CORNER LOT 23 BLOCK "C" GOODLAND ISLES. FIRST ADDITION, PLAT BOOK B. PAGE 1, 87'53'43" 17.50' POINT OF BE GINNINI O r� NT OF DING y I — I I 7i n L� I— o � m Q w CV W 2 F— I- O J f IN Exbbit "B" Sheet 3 of 3 VAC 99-007 LOT 24 BLOCK "C" FIND WITNESS 67.57 (M) 67.5 (P) CORNER 0.38' S PALM AVENUE EO' R f W DESCRIFTION OF DRAINAGE EASEMENT TO BE DEDICATED 4 A 10 FOOT DRAINAGE EASEMENT LYING 5 FEET ON EACH SIDE OF THE FOLLOWING BLOCRISED CGOOTDLAND ISLEOSMFIRSITNADD�TION, ASOD RECORDED OIN ER OF LOT , PLAT BOOTHBNCEGRUN1SA87D'53' OF 3" E THE PUBLIC THE SOUTH ONE COLLIER, SAID COUNTY, FLORIDA; 23 THE CENTER FORJE OF AA 110EFOOT 17.5' DRAINAGE EASEMENT, TH ENCEE RUN IN OF NORTH 02.06'17" 3 AST FOR AF OR TAECPOOJT OF ENDING. TO THE NORTH LINE J/ 1 NOT A BOUNDARY SURVEY NOTES & REViS30NS SKETCH TO ACC DESCRIPTION PREPARED FOR -- 15691.DWG BU075 D -2 L -G CUSTOMIZED STRUCTURES OF SW FLORIDA cg 1119 35 PORTEI LA -R014E AS 7 2384 UNWOOD AvE. Dennis M. Porte lla, Sr. PLS # 4504 SCALE: i 20' ATE!h 2D• 7999 Not valid unless signed and sealed -i+k Ar,- hn—,Pd seal. J`j *l 2 2 1 C C 9 10' (r W X z y CJ 12.2 O z w v7 v7 4 Lj r- r U`) w 3 Y N�O0�wlw Uj O CD w Q IZ J f -7t: CC)j ? Q ` I 0co oI�x �ala�o� LD 0 v V O 0 N Q I 12.7 18.8' wX I CD n 3 vt X O O I O I`N l N r7 N CV Q ( IZ jlljj N -i° ! I V) POINT OF COMMENCEMENT SW CORNER LOT 23 BLOCK "C" GOODLAND ISLES. FIRST ADDITION, PLAT BOOK B. PAGE 1, 87'53'43" 17.50' POINT OF BE GINNINI O r� NT OF DING y I — I I 7i n L� I— o � m Q w CV W 2 F— I- O J f IN Exbbit "B" Sheet 3 of 3 VAC 99-007 LOT 24 BLOCK "C" FIND WITNESS 67.57 (M) 67.5 (P) CORNER 0.38' S PALM AVENUE EO' R f W DESCRIFTION OF DRAINAGE EASEMENT TO BE DEDICATED 4 A 10 FOOT DRAINAGE EASEMENT LYING 5 FEET ON EACH SIDE OF THE FOLLOWING BLOCRISED CGOOTDLAND ISLEOSMFIRSITNADD�TION, ASOD RECORDED OIN ER OF LOT , PLAT BOOTHBNCEGRUN1SA87D'53' OF 3" E THE PUBLIC THE SOUTH ONE COLLIER, SAID COUNTY, FLORIDA; 23 THE CENTER FORJE OF AA 110EFOOT 17.5' DRAINAGE EASEMENT, TH ENCEE RUN IN OF NORTH 02.06'17" 3 AST FOR AF OR TAECPOOJT OF ENDING. TO THE NORTH LINE J/ 1 NOT A BOUNDARY SURVEY NOTES & REViS30NS SKETCH TO ACC DESCRIPTION PREPARED FOR -- 15691.DWG BU075 D -2 L -G CUSTOMIZED STRUCTURES OF SW FLORIDA cg 1119 35 PORTEI LA -R014E AS 7 2384 UNWOOD AvE. Dennis M. Porte lla, Sr. PLS # 4504 SCALE: i 20' ATE!h 2D• 7999 Not valid unless signed and sealed -i+k Ar,- hn—,Pd seal. J`j *l 2 2 1 C C 9 02/16,'99 12.55 FAX 9416436968 COLLIER CO COMM[TVITY DEN' �., . �r .`, FAUM i i PETITIC N FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND Date Received: M ig = ,q 2 (6 nob 16N1 Petition #. V Ac qq - 007 Petitioner, o �( Address: (mod 00 JA-zAL X JCL Telephone: $$�'- Cit}'State: �a ALc t w _ S:- — Zip Code: !;� ct 6,1 SC Agent: ="'e u _, Addres`s:Li'A 4 -9 V— i'rt! � Telephoue:,J tl,_ LiS!;' Cl 1 y City /State:_ j���- Zip Code: .3,+ LDt Address of Subject Property: & a. L - A+..� —_ Lt.-_ ^ 5r Location: Section_ Township�� Range a/ ? Subdivision :,�ys'D�++L,i �Slt7s Legal Description: Loti.L4 Block G. Unit _ Plat Boo Page(s)_� Reason for Request:gtgz cu `r � k14 P" "� + " cam a -mss Current Zoning: _ Does this affect density? I hereby authorize Agent above to represent me for this petition: VYes CJ No - ILL- Date trt Gib ' L= i�J L2 4k- ��_I.�c �-�- BL4—t tJu Print Name (Title) C N ocs r7 Please see "Policy and Proc.dure for the Vacation and Annulment of Plats or Portions of Plats of r14 Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or c , retail to: `C�` Community Development & Environmental Services Division Planning Services Department 2800 North 'I iorseshoe Dr. Naples, Flor da 34103 (1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a Corp Ovation other than a public corporation, indicate the name of officers and major stockholders. (3) if applicant is a parts iership, limited partnership or other business entity, indicate the name of principals. (4) List all other owners. Attachment "B" ?age 4 of 4 AGENDA ITEM No,_ 1-71L, JUN 2 2 1999 pg. o Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number I Date I Post Date Payment Slip Nbr 119269 03/04/1999 8:13:57 AM 03/04/1999 MS 49707 GENE CULVER OR CONRAD L. CULVER New or Exist: N Payor : CULVER Fee Information Fee Code Description GL Account Amount I Waived 12PVAC I PETITION TO VACATE 111313890032910000000 1 $1000.00 Total 1 $1000.00 Payments Pa ment Code I Account/Check Number Amount CHECK 238 $1000.00 Memo: VAC99 -007 Goodland Isles Check #0238 Collier County Board of County Commissioners CD -Plus for Windows 95 /NT Total Cash Total Non -Cash Total Paid $0.00 $1000.00 $1000.00 Cashier /location: GARRETT_S / 1 User: KENDALL M AGENDA Printed:03 /04f 9991 N119 iM'9 pg.-2— r� V— :, - ,9417 8330958 L�j SOY INK i,. 278901 -AA c' I m 1 rlm ru go = " w �a °ui a rr ra LL J t W W C) m ~ =W N � ru W m WJ Wti F- z c ca re r=J' Xu W ° O ca(A14 92 =a efl zz ru Y V N y a .iJWH O r _ W Q -B JZ v Qr/r _r = =M-a z ° _ vI V •.N c z N W -r W0 --3-Lnru O J � N -AA C5 m 1 rlm ru go = " w �a °ui rU JQ ra LL J t W W C) m ~ =W N a -° z o o V W m WJ Wti .A z c ca re r=J' Xu W ° O ca(A14 92 =a efl W- ru Y V N y a Z� r- O r d = W °s W Q -B JZ z = c _r = =M-a z <p-1 c z N wz ru > --3-Lnru C.3 °0 HVY 00 Drn1r -4=r4 .D C) m� V V ru .a Om ° r Qri W ao v r rV ' w V sm °c s 0 ococ a z ru Hy o WW>-V o m 41 S » >r ►.r zz rU :J JJHZ Q m0(=l rucmLnrn i OJ W N_-r.A L >-Z 0-00 Z ru uNr0 D rr'Lnr-RM■a u,ra,a .Drurumo a z " ru � ru r- r�l V� w W HA Jz r <>W [� V.0 W W O V O H � H Q _ A go An ru oc r- o t-- u o fU dir. �cm W � W lIt a o 00 c 'm OGV V 00 rr�'rd�+ W OLAJ a r=J' Xu W ° O ca(A14 92 =a JA W a N . > M CONN rrr a-u,z z ra f -Dom = =M-a z CC)r-qQ T, a --3-Lnru -I'M' cr, HVY Drn1r -4=r4 .D LL-x m� ru =r-a ru .a Om ° r 0 o W ao v W ru w V sm °c s 0 3 ci to Hy r--O 41 OZ rU Z N m0(=l rucmLnrn N_-r.A unrULnc'_-r >-Z 0-00 ..a_oo---rr~ E--H uNr0 D rr'Lnr-RM■a Z 0 mu�ru ru � O \ r�l V� w W HA Jz r <>W [� V.0 W W O V O H � H Q _ A go An )fr' ati a m H O J L r ALL 0 LON J� New H� A + z 4ru Jru A Or- 0 U x 0 Q c S co O O 0 O O O O O O O O 0 O O ru c- rr r- ru O O O O N o Z C _ 0 6 rU � c rA z N s -F _ •D s O � ' CO O c i O W Gn N W i C ' W H i HO�, 130 lON Oa + + V �qC %q' CO7 JUN 2 2 1999` Pg.-A-- ru oc r- o c ru W N J O V X a I, I r... un i 00 m •z ^qOP- \ Ow CC)r-qQ T, J A �► HVY QW1 d -oCl+� m� Qa ° 0 o W ao v �7cm w V sm °c s 0 3 ci to )fr' ati a m H O J L r ALL 0 LON J� New H� A + z 4ru Jru A Or- 0 U x 0 Q c S co O O 0 O O O O O O O O 0 O O ru c- rr r- ru O O O O N o Z C _ 0 6 rU � c rA z N s -F _ •D s O � ' CO O c i O W Gn N W i C ' W H i HO�, 130 lON Oa + + V �qC %q' CO7 JUN 2 2 1999` Pg.-A-- IN THE CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA IN RE: ESTATE OF LORA MAE BLAKENEY VEAL, Deceased. PROBATE DIVISION File No.: ORDER ADMITTING WILL TO PROBATE, SUMMARY ADMINISTRATION AND DETERMINATION OF HOMESTEAD 0 On Petition of Gordon E. Culver, this court find the following: The instrument presented to this court as the last will and testament of LORA M. VEAL, deceased, having been established by the oath of Kathie H. Perry and Thelma Hubbard, as subscribing and attesting witnesses, as being the last will of the decedent, and no objection having .a been made to its probate, and the court finding that the decedent died on October 1, 1996, it is o`OO ADJUDGED that the will dated April 19, 1991, and attested by Kathie H. Perry and N � Thelma Hubbard as subscribing and attesting witnesses, is admitted to probate according to law .MaM a " as the last will of the decedent. ,' a FURTHER, the court finding that the decedent died on October 1, 1996 and that all 0 � p interested persons have waived notice of hearing, that the material allegations of the petition are p ;9 true; that the will dated April 19, 1991, has been admitted to probate by order of this court c Q incorporated herein as the last will and testament of the decedent; and that the decedent's estate qualifies for summary administration and an Order of Summary Administration shou be entered, it is ADJUDGED that: a. There be immediate distribution of the assets of the decedent as fo ows: y4 Name Addres Asset. areorArnoiai * f Gorden E. Culver 6 Ivy Court, Seneca, SC 29678 50% i Conrad Lee Culver 103 Greenwood Lane, Cumming, GA 30130 50% b. Those to whom specified parts of the decedent's estate are assigned by this order shall f M a a be entitled to receive and collect the same, and to maintain actions to enforce the right. C. Debtors of the decedent, those holding property of the decedent, and those with whom securities or other property of decedent are registered, are authorized and empowered to comply with AGENDA ITEM Na /Z-d JUN 2 2 1999 P9.� i OR, 2254 PG: 0287 this order by paying, delivering, or transferring to those specified above the parts of the decedent's estate assigned to them by this order, and the persons so paying, delivering, or transferring shall not be accountable to anyone else for the property. ` ADJUDGED that the following described property: Lot 22 and the West 1/2 of Lot 23, in Block "C" of Goodland Isles, First Addition, according to the Plat thereof, as recorded in Plat Book 8, at Pages 1 and 2, of the Public Records of Collier County, Florida. constituted the homestead of the above decedent Arithing the meaning of §4 of Article X of the Constitution of the State of Florida, and it is ADJUDGED FURTHER that title to the above - described property passes to Gordon E. Culver and Conrad Lee Culver as to an undivided '/z interest to each as tenants in common under the residuary devise under the decedent's Last Will and Testament, ADJUDGED FURTHER that inasmuch as the beneficiaries of the testamentary estate are the decedent's heirs -at -law, their interests are free of claims, creditors and costs and expenses of administration pursuant to ArtiicclmO6 §4(a) and (b). ORDERED thi� day of November, 1996. Circuit Judge AGENDAIYEM No. zz-z JUN 2 2 1999 Pg.� Li La Rpl Pg Fm UT UL FC[M2] OC[NR1 I0146372960405113546000082211 FOLIO 1463729604051 OWNER> GOODLAND INC STRAP 380200 Y1.117C18 PO BOX 248 ORB /P[ 16041/[1531] SALE DATE [281[03901 $ AMT [ 01 ACRES [ 1.68] HALLANDALE TRS- >[52][271[181 LEGAL -1 GOODLAND ISLES BLK Y BEG AT NE -2 CNR LT 24 BLK C GOODLAND ISLES -3 iST ADD,E 117.28FT, ALG ARC OF -4 CURUE 181,51FT, S 16DEG E CURRENT -EX -AMT HMSTD -X $ [ 01 MILL -CODE FL [ 091 LND L -USE IMP MKT ASO TAXABLE 100} -X $ [ 01 [ 241 CNTY $[ CIU -X $ [ 01 S -SL $[ UET -X $ [ 01 MILL -RATE S -LB $[ BLD -X $ [ 01 [15.87431 CITY $[ vr�c R4�? -- CERTIFIED -- 1998 TAX ROLL 33000 0248 CERT -97 -UAL $[ 4756701 $[ 0] $[ 4756701 $[ 4756701 $[ 4756701 1708.751 MSTU $[ 2008.361 WMB $[ 1239.681 ISO $[ .001 UADP $[ AREA GL CERT -98 -UAL [ 4756701 [ 01 [ 4756701 [ 4756701 [ 4756701 1410.461 267.331 92.901 23.551 WID -X $ [ 01 -1998 - AG -X $ [ 0l (1998 TAXES) TOTAL $[ 7550.951 WH -X $ [ 0l -CERTIFIED - SITE [GL PALM RUE E 6111 RES477 02/17/1999 02:08 PM No ZZ JUN 2 2 1999 Pg. ? _ FOLIO [463727288811 OWNER> LAW, DRUID G =A RITA I STRAP 388288 Y 1.17C1B 684 EAST PALM RUE ORB /P[ 13611/[18981 PO BOX 174 SALE DATE 1301186881 AMT [ 7678881 -- CERTIFIED -- 1998 TAX ROLL ACRES [ 1.671 GOODLAND FL 34148 8174 AREA GL .- TRS- >[521[271[181 CERT -97 -UAL CERT -98 -UAL EGAL -1 GOODLAND ISLES BLK Y BEG AT [ 281 LND $[ 4728431 [ 4728431 -2 NE CNR OF LOT 20-BLK 0 L -USE IMP $[ 2362421 [ 2482861 -3 GOODLAND ISLES 1ST ADD, S 16 MKT $[ 7898851 [ 7218491 -4 DEG W 144.17FT, N 87 DEG W ASO $[ 7898851 [ 7218491 CURRENT -EX -AMT TAXABLE $[ 7898851 [ 7218491 HMSTD -X [ 81 MILL -CODE 188X -X [ 81 [ 241 CNTY $[ 2598.221 MSTU $[ 2138.851 CIU -X $ [ 8l S -SL $[ 4257.871 WMB $[ 485.231 UET -X $ [ 81 MILL -RATE S -LB $[ 1879.851 ISO $[ 148.821 BLD -X $ [ 81 115.87431 CITY $[ .881 UADP $[ 35.691 WID -X $ [ 8l -1998 - AG-X $ [ 8l (1998 TAXES) TOTAL $[ 11446.131 WH -X $ [ 81 - CERTIFIED- SITE [GL PALM AUE E 6841 RES477 02/17/1999 02:06 PM 7e JUN 2 2 1999 P9. �7` FC[M21 OC[NR1 ID[4637296838811354688888221[ I FOLIO 1463729683881 OWNER> COON KEY PASS FISHING UILLAGE STRAP 388288 Y1.187C18 CONDOMINIUM ASSOCIATION INC ORB /P[ 15971![28951 PO BOX 786 SALE DATE [ 81183911 $ AMT [ 81 -- CERTIFIED -- 1998 TAX ROLL ACRES [ .881 GOODLAND FL 34148 8786 TRS- >[52l[271[181 CERT -97 -UAL LEGAL -1 GOODLAND ISLES SECOND ADD, COM [ 801 LND $[ 581 -2 AT SE CNR LOT 24 GOODLAND ISLE L -USE IMP $[ 8l -3 FIRST ADD, S 16BEG W 64FT TO MKT $[ 581 -4 PT CURVE, THENCE ALG ARC OF ASO $[ 581 CURRENT -EX -AMT TAXABLE $[ 581 HMSTD -X $ [ 81 MILL -CODE 1BOX -X $ [ 81 [ 241 CNTY $[ .181 MSTU $[ 81 S -SL $[ .381 WMB $[ UET -X $ [ 81 MILL -RATE S -LB $[ .131 ISD $[ BLD -X $ [ 81 115.87431 CITY $[ .881 UADP $[ AREA GL CERT -98 -UAL [ 501 [ 81 [ 581 [ 581 [ 581 .151 .821 .811 .881 WID -X $ [ 81 -1998 - AG -X $ [ 81 (1998 TAXES) TOTAL $[ .791 WH -X $ [ 8l -CERTIFIED - SITE [GL PALM RUE E 6111 RES477 02/17/1999 02:07 PM NO.� JUN 2 2 1999 Pg. A-5 Rpl Pg Fm UT UL OEM FC[M21 OC[NRl ID[46428808888113546888882211 1 FOLIO 1464288888881 OWNER> TWIGGS TRS, FLOYD C =& EMILIE -- CERTIFIED -- STRAP 388588 C 167C18 ITF TWIGS FAMILY REU LIUING TR ORB /P[ 24661/1 8221 UTD 9/24/98 1998 TAX ROLL SALE DATE [ 11118981 15153 MARKS RD $ AMT [ 81 ACRES [ .181 STRONGSUILLE OH 44136 4 ?12 AREA GL TRS- >[521[271[181 CERT -97 -UAL CERT -9B -UAL LEGAL -1 GOODLAND ISLES iST ADD BLK C [ 821 LND $[ 424351 [ 424351 -2 LOT 16 L -USE IMP $[ 47251 [ 475 ?1 -3 MKT $1 471681 [ 471921 -4 ASO $[ 471681 [ 471921 CURRENT -EX -AMT TAXABLE $[ 471681 [ 471921 HMSTD -X $ [ 81 MILL -CODE 188X -X $ [ 81 [ 241 CNTY $[ 169.531 MSTU $[ 139.931 CIU -X $ [ 8l S -SL $[ 278.621 WMB $[ 26.521 UET -X $ [ 81 MILL -RATE S -LB $[ 122.981 ISO $[ 9.221 BLD -X $ [ 81 [15.87431 CITY $[ .881 UADP $[ 2.341 WID -X $ [ 8l -1998 - AG-X $ [ 81 (1998 TAXES) TOTAL $[ 749.141 WH -X $ [ 81 -CERTIFIED - SITE [GL PALM RUE 6331 RES477 02/17/1999 02:09 PM AGENDA ITEM NO., JUN 2 2 1999 pg._ /Al Rpl Pg Fm UT UL FC[M21 OC[NRI I0[46428928889113546888882211 FOLIO 1464289288891 OWNER> STRAP 388588 C 177C18 ORB /P[ 18921/1 2811 SALE DATE [ 91112931 $ AMT [ 788881 ACRES [ .181 TRS- >[521[27l[181 LEGAL -1 GOODLAND ISLES 1ST -2 LOT 17 OR 1892 PG -3 -4 NAFTAL, DWAIN M PO BOX 2492 -- CERTIFIED -- 1998 TAX ROLL MARCO ISLAND FL 34146 2492 AREA GL CERT -97 -UAL CERT -98 -UAL ADD BLK C [ 821 LND $[ 424351 [ 424351 281 L -USE IMP $[ 163771 [ 381711 MKT $[ 588121 [ 726861 ASO $[ 588121 [ 726861 02/17/1999 02:09 PM NO.� JUN 2 2 1999 Pg.� CURRENT -EX -AMT TAXABLE $[ 338121 C 476861 HMSTD -X $ [ 258881 MILL -CODE 188: -X $ [ 81 [ 241 CNTY $[ 171.821 MSTU $[ 141.171 CIU -X $ [ 8l S -SL $[ 281.871 WMB $[ 26.751 UET -X $ [ 81 MILL -RATE S -LB $[ 124.861 ISO $[ 9.381 BLO -X $ [ 81 [15.87431 CITY $[ .881 UADP $[ 2.361 WID -X $ [ 81 -1998 - AG -X $ [ 8l (1998 TAXES) TOTAL $[ 755.731 WH -X $ [ 8l -CERTIFIED - SITE [GL PALM RUE 6311 RES477 02/17/1999 02:09 PM NO.� JUN 2 2 1999 Pg.� FCQ1 OCITRI ID[4642O96OOO1113546OOOO82211 FOLIO 1464209600011 OWNER> ELLINGTON, MARTY U =& NORMA J -- CERTIFIED -- STRAP 388500 C 187C18 PO BOX 102 ORB/P[ 1124)/[17741 1998 TAX ROLL SALE DATE [ 81 [ 83851 $ AMT [ 01 ACRES [ .101 GOODLAND FL 34140 0182 AREA GL TRS- >[521I271[181 CERT -97 -UAL CERT -98 -UAL LEGAL -1 GOODLAND ISLES iST ADD BLK C [ Oil LND $[ 424351 [ 424351 -2 LOT 18 OR 1124 PG 1774 L -USE IMP $[ 373981 [ 415991 -3 MKT $1 798331 1 840341 -4 ASO $1 739771 [ 752351 CURRENT -EX -AMT TAXABLE $[ 48977] [ 502351 HMSTD -X $ [ 258001 MILL -CODE 100y.-X $ [ 01 [ 241 CNTY $[ 188.451 MSTU $[ 148.951 3 CIU -X $ [ 01 S -SL $[ 296.591 WMB $[ 20.241 UET -X $ [ 01 MILL -RATE S -LB $1 130.911 ISO $[ 9.811 BLD -X $ [ 01 115.87431 CITY $[ .801 UADP $[ 2.491 WID -X $ [ 01 -1998 - AG -X $ [ 01 (1998 TAXES) TOTAL $[ 797.441 WH -X $ [ Ol - CERTIFIED- SITE [GL PALM RUE 6291 RES477 02/17/1999 02:16 PM JUN 2 2 1999 Pg.�� FC[M21 OC[NRI I0146421000009113546000082211 1 FOLIO 1464218888891 OWNER> HARDEN, CALUIN F =& MARIAN -- CERTIFIED -- STRAP 388588 C 197C1B PO BOX 233E ORB/P[ 6871!1 1721 1998 TAX ROLL E SALE DATE [ 81185771 $ AMT [ 81 ACRES [ .181 GOODLAND FL 34148 8233 AREA GL TRS- >[521[271[181 CERT -97 -UAL CERT -98 -UAL LEGAL -1 GOODLAND ISLES 1ST ADD BLK C [ 821 LND $[ 424351 [ 424351 -2 LOT 19 OR 687 PG 172 L -USE IMP $[ 118221 [ 113781 -3 MKT $[ 534571 [ 538131 -4 ASO $1 488871 1 489841 CURRENT -EX -AMT TAXABLE $[ 238871 [ 239841 g HMSTD -X $ [ 258881 MILL -CODE 188v.-X $ [ 81 [ 241 CNTY $[ 85.871 MSTU $[ 78.881 CIU -X $ [ 81 S -SL $[ 141.131 WMB $[ 13.441 UET -X $ [ 81 MILL -RATE S -LB $[ 62.291 ISO $[ 4.671 BLD -X $ [ 81 115.87431 CITY $[ .881 UADP $[ 1.181 WID -X $ [ 81 -1998 - AG -X $ [ 8l (1998 TAXES) TOTAL $[ 379.461 WH -X $ [ 8l -CERTIFIED- E SITE [GL PALM RUE 6271 RES477 02/17/1999 02:10 PM AGENDA ITEM No. /7d JUN 2 2 1999 FC[M2l OC[NRI ID[464218488811[354688888221[ l FOLIO 1464218488811 OWNER> POLLEY ET UX, ROBERT F -- CERTIFIED -- STRAP 388588 C 287C18 PO BOX 352 ORB /P[ 4841/1 9991 1998 TAX ROLL SALE DATE [ 81111721 $ AMT [ 8l ACRES [ .181 GOOOLAND FL 34148 8352 AREA GL TRS- >1521127][181 CERT -97 -UAL CERT -98 -UAL IEGAL -1 GOOOLAND ISLES 1ST ADD BLK C [ 821 LND $[ 424351 [ 424351 -2 LOT 28 OR 484 PG 999 L -USE IMP $[ 113141 [ 112411 -3 MKT $[ 537491 [ 536761 -4 ASD $[ 481411 1 489591 CURRENT -EX -AMT TAXABLE $[ 231411 [ 239591 HMSTO -X $ [ 258881 MILL -CODE 1888 -X $ [ 81 [ 241 CNTY $[ 86.871 MSTU $[ 71.841 CIU -X $ [ 81 S -SL $[ 141.451 WHO $[ 13.461 UET -X $ [ 81 MILL -RATE S -LB $[ 62.441 ISO $[ 4.681 BLD -X $ [ 81 115.87431 CITY $[ .881 UAOP $[ 1.19) +k WID -X $ [ 81 -1998 - AG-X $ [ 8l (1998 TAXES) TOTAL $[ 388.331 WH -X $ [ 8l -CERTIFIED - SITE [GL PALM AUE 6251 RES477 02/17/1999 02:10 PM JUN 2 2 1999 FC[M71 OC[NRI ID[46421168884113546888882211 I FOLIO [464211688841 OWNER> WOJTYLKO, LARRY =& DIANA STRAP 388588 C 247C18 28188 SWAN ISLAND OR ORB /P[ 24531/[27891 SALE DATE [241[88981 $ AMT [ 1158881 -- CERTIFIED -- 1998 TAX ROLL ACRES [ .151 GROSSE ILE MI 48138 2828 TRS- >[52l[271[181 [ CERT -97 -UAL LEGAL -1 GOODLAND ISLES iST ADD BLK C [ 021 LND $[ 636531 -2 LOT 24 + El/2 OF LOT 23 OR L -USE IMP $[ 85511 -3 344 PG 162 + OR 968 PG 972 MKT $[ 722841 -4 AG -X ASO $[ 722841 CURRENT -EX -AMT HMSTD -X $ I 8l 188v.-X $ [ 81 CIU -X S -LB $ [ 81 UET -X CITY $ I 81 BLO -X $ [ 8l WID -X $ [ 81 AG -X $ [ 81 WH -X $ [ 81 02/17/1999 02:10 PM TAXABLE Of 722841 MILL -CODE [ 241 CNTY $[ 268.381 S -SL $[ 427.811 MILL -RATE S -LB $[ 188.831 115.87431 CITY $[ .881 -1998- (1998 TAXES) -CERTIFIED - SITE [GL PALM RUE MSTU $[ WMB $[ ISO $[ UAOP $[ TOTAL $[ AREA GL CERT -98 -UAL [ 63653] [ 88881 [ 724611 [ 724611 [ 724611 214.871 48.721 14.151 3.591 1158.271 6171 RES477 AGENDA ITEM NO. JUN 2 2 1999 pg. FC[M21 OC[TR1 I0146421080005113546008082211 FOLIO 1464218888851 OWNER> SEARLES ET UX, ROBERT STRAP 388588 D 167C18 PO BOX 134 ORB /P[ 01 /1 81 SALE DATE [ 81188881 x S AMT [ 81 -- CERTIFIED -- 1998 TAX ROLL NO.� JUN 2 2 1999 pg. czz ACRES [ .181 GOODLAND FL 34148 8134 AREA GL ._ TRS- >[521[271[18l CERT -97 -UAL CERT -98 -UAL EGAL -1 GOOOLANO ISLES 1ST ADD BLK O [ 821 LND $[ 461251 [ 498151 -2 LOT 16 OR 346 PG 818 L -USE IMP $[ 98421 [ 128751 -3 MKT $1 551671 1 626981 -4 ASD $1 496321 1 545381 CURRENT -EX -AMT TAXABLE $[ 246321 1 295381 HMSTO -X $ [ 258881 MILL -CODE i88X -X $ [ 81 [ 241 CNTY $[ 186.881 MSTU $1 07.561 CIU -X $ [ 81 S -SL $[ 174.351 WMB $1 16.681 UET -X $ [ 81 MILL -RATE S -LB $[ 76.961 ISO $[ 5.771 BLD -X $ [ 81 115.87431 CITY V .881 UADP $[ 1.461 WID -X $ [ 8l -1998 - AG -X $ [ 81 (1998 TAXES) TOTAL $[ 460381 WH -X $ [ 8l - CERTIFIED- SITE [GL PALM AUE 6201 RES477 02/17/1999 02:11 PM NO.� JUN 2 2 1999 pg. czz FC[M2] OC[NR1 ID[46421O488871[35468888O2211 I FOLIO 1464218488871 OWNER> TIMBERTOWN CLEANING A -- CERTIFIED -- '' STRAP 308588 D 177C18 RESTORATION CONTRACTORS INC ORB/P1 19481/[11411 186 HOYT RUE 1998 TAX ROLL SALE DATE [ 271 [ 8494 l $ AMT [ 1658881 ACRES [ .181 SAGINAW MI 48687 1123 AREA GL TRS- >[52112711181 CERT -97 -UAL CERT -90-UAL . LEGAL -1 GOODLAND ISLES 1ST ADD BLK D [ Oil LNO $[ 461251 [ 498151 t -2 LOT 17 OR 1948 PG 1141 L -USE IMP $[ 617261 [ 602471 -3 MKT $[ iB ?8511 [ 1188621 -4 ASD $1 18 ?8511 1 1108621 CURRENT -EX -AMT TAXABLE $[ 1878511 [ 1108621 1> HMSTD -X $ [ 81 MILL -CODE 188X -X $ [ 81 [ 241 CNTY $[ 424.121 MSTU $[ 358.871 CIU -X $ [ 81 S -SL $[ 697.841 WMB $[ 66.351 UET -X $ [ 81 MILL -RATE S -LB $[ 38 ?.671 ISO $[ 23.861 BLD -X $ [ 81 115.8 ?431 CITY $[ .881 UADP $[ 5.841 WID -X $ [ 8l -1990 - AG -X $ [ 8l (1990 TAXES) TOTAL $[ 1874.151 WN -X $ [ 8l -CERTIFIED - SITE [GL PALM RUE 6261 RES47? 02/17/1999 02:11 PM AGENDA ITEM Nm JUN 2 2 1999 Pg.___!�___ FC[VJ2] OC[NR] I0146421890009113546088882211 1 FOLIO 1464218888891 OWNER> ROBERTS ET UX, PHILIP E -- CERTIFIED -- ' STRAP 388588 D 187C18 PO BOX 193 ORB/P[ 389111 2721 1998 TAX ROLL SALE DATE [ 81180881 $ AMT [ 0l ACRES [ .181 GOODLAND FL 34140 0193 AREA GL -- TRS- >[521[271[181 CERT -97 -UAL CERT -90 -UAL LEGAL -1 GOODLAND ISLES 1ST ADD BLK 0 [ 021 LND $[ 461251 [ 498151 -2 LOT 18 OR 389 PG 272 L -USE IMP $[ 86961 [ 89901 -3 MKT $1 548211 [ 588051 -4 ASO $1 548211 [ 588851 CURRENT -EX -AMT TAXABLE $[ 548211 [ 588851 HMSTO -X $ [ 01 MILL -CODE 100'r: -X [ 01 [ 241 CNTY $[ 211.251 MSTU $[ 174.371 CIU -X $ [ 01 S -SL $[ 347.181 WMB $[ 33.051 UET -X [ 01 MILL -RATE S -LB $[ 153.251 ISO $[ 11.481 BLD -X $ [ 01 115.87431 CITY $[ .801 UADP $[ 2.911 WID -X $ [ 01 -1998 - AG -X $ [ 8] (1998 TAXES) TOTAL $[ 933.491 WH -X $ [ 01 -CERTIFIED - 4 SITE [GL PALM RUE 6241 RES477 02/17/1999 02:11 PM JUN 2 2 1999 Pa -_Ji RpI Pg Fm UT UL 8MM FC[M21 OC[NRl I0146421920890113546000082211 l FOLIO [464219288881 OWNER> OVER JR, SYDNEY A -- CERTIFIED -- STRAP 388588 0 197C18 1132 DEWITT TRL ORB /P[ 4981 /1 6321 1998 TAX ROLL SALE DATE [151[81731 $ AMT [ 9I ACRES [ .181 ROSCOMMON MI 48653 7598 AREA GL TRS- >[521[27l[181 CERT -97 -UAL CERT -98 -UAL LEGAL -1 GOODLAND ISLES 1ST ADD BLK D [ Oil LNO [ 461251 [ 498151 -2 LOT 19 OR 498 PG 632 L -USE IMP $[ 192381 [ 212861 -3 MKT $1 653631 1 711811 -4 ASO $1 653631 1 711911 CURRENT -EX -AMT TAXABLE $[ 653631 [ 711911 HMSTD -X $ [ 91 MILL -CODE 199y.-X [ 91 [ 241 CNTY $1 255.421 MSTU $1 219.831 CIU -X [ 9l S -SL $[ 419381 WMB $[ 39.961 UET -X $ [ 91 MILL -RATE S -LB $[ 185.291 ISO $[ 13.891 BLD -X $ [ 91 [15.8743) CITY $[ .991 UADP[ 3.521 WID -X $ [ 8l -1998 - AG -X $ [ 9I (1998 TAXES) TOTAL $[ 1128.691 WH -X $ [ 9l - CERTIFIED- SITE [GL PALM RUE 6221 RES477 02/17/1999 02:12 PM JUN 2 2 1999 PQ._12L'L- FCI 21 OCINR1 I01464219600001135460@8082211 FOLIO 1464219688881 OWNER> RITCHIE IU, JOHN C STRAP 388588 0 287C18 RICHIE, ELAINE G R ORB/PI 23361/118431 1883 COLLIER BLUR #345 Y SALE DATE 1 51188971 3 $ AMT 1 458881 -- CERTIFIED -- 1998 TAIL ROLL 02/17/1999 02:12 PM A ND I� N& /I .JUN 2 2 1999 PQ.-jL2� ACRES 1 .891 MARCO ISLAND FL 34145 8888 AREA GL TRS- >152112711181 CERT -97 -UAL CERT -98 -UAL '.EGAL -1 GOODLAND ISLES iST ADD BLK D 1 811 LND $1 485551 1 524391 -2 LOT 28 L -USE IMP $1 112821 1 581 -3 MKT $1 597571 1 524891 ti -4 ASO $1 59 ?571 1 524891 CURRENT -EX -AMT TAXABLE $1 59 7571 1 524891 HMSTD -X $ 1 81 MILL -CODE 188'x. -X $ 1 81 1 241 CNTY $1 188.561 MSTU $1 155.641 CIU -X $ 1 8l S -SL $1 389.981 WMB $1 29.581 UET -X $ 1 81 MILL -RATE S -LB $1 136391 ISO $1 18.251 BLD -X $ 1 81 115.87431 CITY $1 .881 UAOP $1 2.681 WID -X $ 1 81 -1998 - AG -X $ 1 81 (1998 TAXES) TOTAL $1 833.241 WH -X $ 1 8l -CERTIFIED - SITE 1GL PALM RUE 6281 RES47? 02/17/1999 02:12 PM A ND I� N& /I .JUN 2 2 1999 PQ.-jL2� March 11, 1999 Mr. Gordon Culver 6 Ivy Court Seneca, SC. 29678 RE: Goodland Isles First Addition, Block C, Lot 22 and West 'h of Lot 23 Dear Mr. Culver: We have reviewed the proposed vacation of the 12' drainage easement between Lots 22 & 23. The easement appears to have been created to direct storm water runoff from the street to the canal. We would have "no objection" to the vacation, provided that an alternate easement is granted along the new property line. The grant of easement should also be submitted to Rick Grigg of our office along with the vacation. If I can be of any further assistance to you in this regard, please let me know. Sinoerely, � t John R. Houldsworth Senior Engineer Cc: Rick Grigg, County Land Surveyor JUN 2 2 1999 Pg. , 17 February 11, 1999 Mr. John H.. Boldt P.S.M. P.E. Director Collier County Stormwater Management 3301 East Tamiami Trail Naples, FL 34112 Dear Mr. Boldt, My brother Conrad and I own lot 22 and West' /2 of 23 in Goodland Isles, Block C, Goodland Florida. It was just brought to our attention about a 12 foot drainage easement between lots 22 and 23. This easement was recorded August 3, 1965 and has never been used. The easement makes this lot unbuildable and we are petitioning the Board of County Commissioners to vacate this easement for the above stated reasons. One of the prerequisites to vacating an easement is to have a "Letter of No Objection" from various agencies of which yours is one. If you have no objection to this request, I would appreciate it if you would sign under the statement °I have no objection to the proposed vacation ". Sincerely, Gordon E. Culver I have no objection to the proposed vacation on the above mentioned property. Signed: Jo S. Boldt 2/w -2 1 AGENDA ITEM NM 1,7z JUN 2 2 1999 P:•_ .oE�— February 11, 1999 Mr. Ed Kant, P.E. Director Transportation Department 3301 East Tamiami Trail Naples, FL 34112 Dear Mr. Kant, My brother Conrad and I own lot 22 and West ' /Z of 23 in Goodland Isles, Block C, Goodland Florida. It was just brought to our attention about a 12 foot drainage easement between lots 22 and 23. This easement was recorded August 3, 1965 and has never been used. The easement makes this lot unbuildable and we are petitioning the Board of County Commissioners to vacate this easement for the above stated reasons. One of the prerequisites to vacating an easement is to have a "Letter of No Objection" from various agencies of which yours is one. If you have no objection to this request, I would appreciate it if you would sign under the statement "I have no objection to the proposed vacation". Sincerely, Gordon E. Culver 7F 2 - I have no objection to the proposed vacation on the above mentioned property. _ __ - Sigr ecVW/ 5 "Z 3 S� AGENDA JUN 2 2 1999 Pg. O 17 19 2 - 6 « 12 Is 36 L M 2 O e i !4 13 g 12 11 10 9 3. 8 0l 6 >S O O_ 53 so a Ia �� .3 5 '° PEAR TREE AVENUE 75 d1 AO 7 Q 5 1 3. f7 g f6 15 14 13 12 ! i !0 0 0 0 0 0 4 3 2 1 O �V ' 4 ,x o$ o z� 4 0000Q �-5 05u 0 C23 24 O O 7 J 14 x i f a Q b ru 80 �G 18 19 20 2! 71 27 O O 30 3f 32 33 3q 0 x W U i ee is n � 15 s � @80 b g MANGO AVENUE 3 n.v n 13 n.n 17 au 1 16 aMi6 15 14 13 !2 1! i0 O O O O : O 4 3 :2 '00 1 O o O O: s o.. 1A z4 $.. -4 17 18 !9 O 21 O 23 21 O O 27 28 29 3a in 33 2AO,a O 5A5 �r,S g COCONUT AVENUE 1e 4 �o 4�1 0 O 33 32 31 30 O O 2726 25 2, 23 22 21 20 17 f6 15 14 9 9 �1� s� f3 12 11 10 V3-8)74A as • , r . `' ^111 4/ 5 33 f�(� 6.. 5 ............... ........... 4 ..` .. .... .... 4 TRACT 2 Block Y s GOON N8Y PAYS IIS8I��IJ.ACI � Block ,� f.1 !e Y O Block d P DG(l(:k TRACT 1 •�-� V f.5 f.7 1.1 I HILL JUN 2 2 1999 Pg. �� I i i 1 i I t I i t ! M � I I I CD l Q) N l D uj Nt iZ v 4-A Q� t � 4CA h 41 4J �% vp �K 43 witt ��O ate F vt b rJ q �o t- : ; r da 0 �'4t ap��v2 �y @ b0 �hlr �R totZ.tG j v° w� 0 h : 0 t� �a h ago o� �t to a ow � U W Z w s AGENDA ITEM hkx- JUN 2 2 1999 ;4�Ut3 Cs.� Lo , a CD t%a• --� 6.4 CO W Z w s AGENDA ITEM hkx- JUN 2 2 1999 MW 1 I n ;o i 1 .a 00 ,09 - ' 1 1 � NL--- 4M-1 � f i ^I ? t' a f s 3� -------- j • �..� nl l 10 _1 n Ti �) a - - -- Os 1 I�q IA -�j r---- - - -„_. i • ,b WI A � s � Er. �000 f raiau 1 z W W 0 ti V� a� eo Q 4 h col v c q9 -oo17 2 W ti 4 cl .r 1 Ot I �r Gtiooa`ga1D rsl-�5 �, ��T pa.8 P.i I I N, I I I � � H f raiau 1 z W W 0 ti V� a� eo Q 4 h col v c q9 -oo17 2 W ti 4 cl .r 1 Ot I �r Gtiooa`ga1D rsl-�5 �, ��T pa.8 P.i I I I I � � N � w I V �, O w w IQ- C,�i h w � > >� lk L I J a a a i �° V �1 yzh 4 ?,,"a i4 AGENDA rWM JUN 2 2 9 PETITION NO. SV- 99 -02, MR. ROY M. TERRY, PRINCIPAL, REPRESENTING THE COLLIER COUNTY BOARD OF PUBLIC SCHOOLS REQUESTING A VARIANCE FROM SEC. 2.5.5.2.3.12. OF THE LDC TO ALLOW FOR A 15 FOOT HIGH DOUBLE - FACED OFF - PREMISE DIRECTIONAL SIGN WITH A COPY AREA OF 75 SQUARE FEET AS OPPOSED TO THE CURRENT LDC REQUIREMENTS FOR OFF - PREMISE SIGNS OF 2 ONE -SIDED SIGNS WITH A COPY AREA OF 12 SQUARE FEET EACH AND A MAXIMUM HEIGHT OF 12 FEET TO BE LOCATED AT THE CORNER OF US- 41 AND BROWARD AVENUE IN EAST NAPLES. OBJECTIVE: The petitioner is requesting the above described variance in order to install an off - premises directional sign for the Lely High School. CONSIDERATIONS: Lely High School is located one half of mile northeast of US -41 at the terminus of Broward Street. Lely High School in addition to providing educational services provides for different public and community events. One or even two 12 square foot signs will not provide the visibility needed for an important educational center such Lely High School. Circle K Corporation owns an automobile service station at the corner of Broward Street and US -41. They have granted permission to Lely High School to erect a directional sign on their property. The proposed sign will be located outside of the school property and will be considered an off - promises sign hence, requiring the approval of a sign variance. The Collier County Planning Commission reviewed this petition on May 20, 1999 and by a vote of 7 -0 recommended approval. This petition does qualify as a Summary Agenda item. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. HISTORIC /ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical /Archaeological Survey and Assessment is required. •u •RIA *110) Jihvd _��_ • That the Board of Zoning Appeals approve SV -99 -2. 1 AGENDA ITEM NO.—/-Z(Z JUN 2 2 1999 P='---.I- PREPARED BY: �J vw wr r- vZtc�i4 l h CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER IEWED BY: RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION R6BERt J. MULHERE, AICP, DIRECTOR PLANNING SERVICES APPROVED BY: 61e, 4"- 9 9 DATE DATE DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION 0 AGENDA ITEM No. 1% JUN 2 2 1999 Pg• o? RESOLUTION NO. 99- 2 3 4 S RELATING TO PETITION NUMBER SV- 99 -02, FOR A 6 SIGN VARIANCE ON PROPERTY HEREINAFTER 7 DESCRIBED IN COLLIER COUNTY, FLORIDA. 8 9 10 WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred 11 on all counties in Florida the power to establish, coordinate and enforce zoning and such business 12 regulations as are necessary for the protection of the public, and 13 WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 14 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, 1s among which is the granting of variances, and 16 WHEREAS, the Board of Zoning Appeals being the duly elected constituted Board of the area 17 hereby affected, has held a public hearing after notice as in said regulations made and provided, and has 1a considered the advisability of variances from the requirements of two one -sided off - premises directional 19 signs with a copy area of 12 square feet each and a maximum height of 8 feet to allow for one 15 foot 2o high double -faced off - premises directional sign with a copy area of 54 square feet as shown on the 21 attached plot plan. Exhibit "A ", in a C -4 zone for the property hereinafter described, and has found as a 22 matter of fact that satisfactory provision and arrangement have been made concerning all applicable 23 matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of 24 said Land Development Code for the unincorporated area of Collier County, and 25 WHEREAS, all interested parties have been given opportunity to be heard by this Board in public 26 meeting assembled and the Board having considered all matters presented, 27 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier 28 County, Florida, that: 29 The Petition SV -99 -02 filed by Roy M. Terry, representing the Collier County School Board with 30 respect to the property hereinafter described as: 31 Lots 8 and 9, Block 1, Naples Manor Lakes as recorded in Plat Book 3, Pages 86 through 32 87 of the Official Records of Collier County, Florida. 33 -I - AGENDA / .�ITEM �__.0 L 6 JUN 2 2 1999 pg._ T 1 be and the same hereby is approved for a variance from the requirements of two one -sided off - premises 2 directional signs with a copy area of 12 square feet each and a maximum height of 8 feet to allow for one 3 15 foot high double -faced off - premises directional sign with a copy area of 54 square feet as shown on the 4 attached plot plan, Exhibit "A ", of the C -4 zoning district wherein said property is located. 5 BE IT RESOLVED that this Resolution relating to Petition Number SV -99 -02 be recorded in the 6 minutes of this Board. 7 This Resolution adopted after motion, second and majority vote. s Done this day of , 1999. R!l 10 ATTEST: 11 DWIGHT E. BROCK, Clerk 12 13 14 15 16 Approved as to Form and Legal Sufficiency: 17 18 19 Mae M Student 20 Assistant County Attorney 21 22 PSV -99 -02 RESOLUTION 23 24 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN -2- JUN 2 2 1999 pg.____/7../_ AGENDA ITEM 7E MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: May 4, 1999 RE: SV -99 -2 AGENVAPPLICANT: Agent: Mr. Roy M. Terry, principal Lely High School 1 Lely High School Blvd. Naples, FL. 34113 REQUESTED ACTION: The applicant is requesting a variance from Sec. 2.5.5.2.3.12. of the LDC to allow for a 15 feet high double - faced off - premise directional sign with a copy area of 75 square feet as opposed the current LDC requirements for off - premise signs of 2 one -sided signs with a copy area of 12 square feet each and a maximum height of 12 feet. GEOGRAPHIC LOCATION: The subject property is located at the corner of US 41 and Broward Street in Section 29, Township 50 South, Range 26 East, Collier County Florida. PURPOSE /DESCRIPTION OF PROJECT: Lely High School is located one half of mile northeast of US -41 at the terminus of Broward Street. Lely High School in addition to providing educational services provides for different public and community events. One or even two 12 square feet signs will not provide the visibility needed for an important educational center such Lely High School. Circle K Corporation owns a automobile service station at the corner of Broward Street and US -41. They have granted permission to Lely High School to erect a directional sign on their property. The proposed sign will be located outside of the school property and will be considered an off - promises sign hence, requiring the approval of a sign variance. IA a 1 JUN 2 2 1999 P9. Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection 4)(a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) are as follows: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes, the school is located at the end of a dead -end road over one half of mile northeast of US-41. The school is not visible from a major road. With a speed limit of 45 MPH on US -41 a 12 square feet directional sign is not adequate to provide visibility for a major educational institution such as Lely High School. b. Are there special conditions and circumstances which do not result from the action of the applicant such as pre - existing conditions relative to the property which is the subject of the variance request? Yes, the School District built this school on property donated by Lely Development Corporation. The property is not located on a major road. The existing conditions were not caused by the School District. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No, the school is entitled to up to 2 one -sided directional signs. The denial of this variance will not cause a hardship on the applicant. However, the approval of this variance will improve the visibility of this important civic and educational institution and will benefit the community. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No, as discussed above a variance is not necessary to make possible the use of land. However, this sign will provide motorists advanced indication of the location of the school, which will promote standards of health, safety and welfare. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? I ADD JUN 2 2 1999 2 1 Pg. Yes, however, this institution provides educational services in Collier County, it is a community asset, allowing the construction of this sign will have a positive impact in the area. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, this variance will not be in harmony with the intent and purpose of the LDC in that it will cause pole sign proliferation which will have a deleterious effect on the aesthetics of the road. However it will not be injurious to the neighborhood or detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. h. Will granting the variance be consistent with the Growth Management Plan. Approval of this variance will not affect or change the requirements of the Growth Management Plan. •11 �� • Staff recommends that the CCPC forward Petition SV 99 -2 to the BZA with a recommendation for approval. AGENDA 3 I JUN 2 2 1999 Pg. 9 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER REVIEWED BY: R ALD F. NINO, AICP, MANAGER DATE CURRENT PLANNING SECTION ROBE T J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition Number: SV -99 -2 Staff report for MAY 20, 1999 CCPC meeting. This Petition has tentatively been scheduled for June 22, 1999 BZA Public Hearing. Collier County Planning Commission: MIC L J. BRUET, CHAIRMAN JUN 2 2 1999 4 Pg._ C s' e' r r 7 LELY HIGH SCHOOL, !i ce 4 WaTI30JANS • HAME I=EFFS. • = ► ■ AR EA °- EXHIBIT "A" -- SCALE: 1�2" = F-U" Tucsay, March 23, 1999 t5 AMMA ITW No '7 Pg. ZQ ice. iv • .�.a 0�ivtivvavv I_V l,U.1011.1111 VC1 4+. UUC APPLICATION FOR VARIANCE FRO"i THE RSQUIREMENTS OP DIVISION 2.5 OF THE COLLIER COUNTY L>_ND DEVELCPXENT CODE THE SIGN ORDINANCE PETITION NO. V S v - 9 9 2 RECMVE-Dol PLANNER: _ DATE: APR 13 1Q0�� ---------------------------- - - - - -- ------------- - - - - -- -------- - - - - -- KANMM SERVMs APPLICANT NAME (AGE T) : Lely High School pHOiiE:(941) 774 -7224 APPLICANT ADDRESS: 1 Lely High School Blvd., Naples, Florida 34113 PROPrRTY OWNER (PET CTIONER) NAME & ADDRESS: LARRY W. HODGES 1803 S. Australian Avenue., West Palm Bch., Florida PHONE: (561) 686 -5377 3 409 ADDRESS OF SIGN LOCaTION_South East corner of Broward St. & US 41 CURRENT ZONING: LEGAL DESCRIPTION OF SUSOECT PROPERTY: Naples Manor Lakes, Block 1 Lots 8 -9 WIDTH OF THE PROPERTY (ROAD FRONTAGE): LENGTH AND HEIGHT 07 THE WALL UPON WHICH THE SIGN WILL BE SECURED (IF WALL SIGN): NSA NATURE OF PETITION PLEASE EXPLAIN IN DETAIL THE EXACT NATURE OF THIS VARIANCE REQUEST INCLtiDING -_HE ?_MOUN r 'OF %1ARIANCE: The Circle K Corporation has granted to Lely High School permission to erect a pylon informational sign on the corner of Broward and 41. This sign would be by definition, an off -site sign and would provide identification as to the location of Lely High Snhnnl Lip aro run„a.� a variance to build the sign at this location. M>D NM JUN 2 2 1999 Pg.1�_ 12 21,'98 11:44 FA1 941613e9e$ COLLIER CO COMMUtiITY DES' Z003 Please note that staff shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its deter-aination to approve or deny a sign variance petition by the below listed criteria (a -f) . (Please address this criteria using additional pages if necessary). a. Are there special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings similarly situated? Lely High SChool occupies a 25 acre site on Lely High School Blvd. approximately 1/2 mile north of US-4L-which was ciongtpci by LplI z Ovalnpmant r„o.,,,, :«.a. The u; BI, cl•1,nn1 cprlya � as a student i,n jy n{ i �� a alSe makes facilities available for community „sP_ The location is not on a major roadway necessitating his _ sign to make the community aware of its' location. b. Are there the special conditions and circumstances -Which do not result from the action of the applicant? Lely High School sits on property donated by Lely Development Corporation and the school district had no say in the site tha t was rhnsOn C. will granting the variance requested confer on the petitioner any special privilege that is denied by the this Code to other lands, buildings or structures similarly situated? Many school and community events occur on the grounds of Lv High Schnnl, The off cam us sign wo ,l ci help i n l nrati ng thO -shoal —it will -e .hanee the visibility and provide important information to the community. d. will a literiLl interpretation of the provisions of the Land Development Cade deprive the applicant of rights commonly enjoyed by other properties similarly situated under the terms of the Code and work unnecessary and undue hardship on the applicant? The fact that Lely High School is not visible from the highway limits it's visibility, preventing it from serving the community in a positive way. -2- AGENDA ITEM JUN 2 2 1999 pg. 1 :2 41,'U6 11:44 1,r1S 9416436968 COLLIER CO C:0'ULNITY DEN' Z 004 e. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or stracture? We are planning a 16' sign with approximately 75 square feet of signage. Permission has been secured from the land owner to put a sign on the corner of Broward and U.S. 41. We are asking for a similar request that was granted to Edison Community College on 951. f. Will the granting of the variance be in harmony With the general intent and puzpose of this code, and that variance will not be injurious to the area involved or otherwise detrimental to the public welfare' The identification of Lely High School would have a positive effect on the commtinity and it's citizens. It could in no way be considered injurious to tha area invnlvetl or otherwise detrimental to the public welfare. SIGNATURE PIZITIONER R P. ENT DATE SUBMISSION CHCRLIST 1. completed appl:.caticn 6 copies 2. Survey of property yr scale drawing 6 copies 3. Rendering of proposed sign w ;th all dimen =_ions 6 copies 4. Signed and nOtilrized Affidavit (pages 4 & 5 of the application) 1 copy 5. A location map depicting major streets in the area for reference. 1 copy 6. Fee: $425.00 (`:850.CO if after- the -fact} -3- AGENDA JUN 2 2 1999 Pg. F ®1 LELY HIGH SCHOOL'. -6 --CF- M--GE- 1-FZtE8-,3- - T Q- B E_ U S E D._LN _IL-ilS _ -. AREA_ .. - . - -- -- L wig ,0: wj:) SCALE: 1/2" = l' -0" Tuesay, March 23, 1999 JUN 2 2 1999 Pg._Z �-- C, I ?<W LOT- 6 flo rr f 7 jdt)* f AGENDA ITEM Na yie JUN 9 7 lqqq Pg•Z ..... • 3 : 43' I 95121 OA 4-08-43- ... 'PAGE ' 81 19 _�_'EA M/ _ H COM CU1C'iNVlSTME ,114C. t.kw"d R" Estate Brokers LARRY W. M093GE-S I 803 S. Auctr Rn Ave., Suite A, Wes! Pa(m Beach, FL 33409 President Teieptxm (581) 88&5377 Facsimile (561) 689-5121 ROY M. TERRY, PRINCIPLUi., LELY HIGH SCHOM 1 LELY HIGH. BLVDT NAPLES, FL. 34113--77" 01 -90 -1999 VIA FAX 1 -941- 774 -6399 RE: SIGN Kr. Terry, I received Your fax this morning regarding the placement of a sign on our property. I have no problems with the sign but i do have several questions. How will you be obtaining power for the sign? Who will be providing insurance both liability and replacement? Also we would like a hold harmless agreement for your school and Collier County• we would like a letter from the County Building Department verif yinq that this sign shall not in any way count against our property for future signage. SincWely, W.lHodges, President t., Ync. general partner 3tores,LTD Cornrnerdel Investment Marketing, Merchandising and Sales Experience W � _ THE 10 4l. R!WlCIiR6e r47rW O1e1H1 L amrA7 Ue }ow'en1o�`�e A .A7�! �eoPP. CANM 1■ .aoo . EA•T w ►Mf N lOPM JTH XLES R25E R26E °l LELY G EST RD s l �`; • PANlWOOD�CWI J �,, f>�K ! @"rRO1fAL feANL11E4LE DR WOOD �..� ADKWS AY ■A� Lr1MCT Oti/ HI 1 t • POLLY AV i s WDOD M aLEe VILM GPJM _ PARK EST. MHP PAN= $ q LN fi9 : > CT ` 3 = = a z mivm : OIL) A 3 m ue ,' uYi� fiOYALge01. o u1 8 L o rN.aPr ^zone ■ RurrLESi1 lAeeOlw4LN HAMMOCK +�'""'� no 6 ■ • o. 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GAGE • - A P H NITMM WOODS bg rig A ,yam Lta l TA 1 f GVE CB/18e \\ WDDDS ELY MB g s .sANrr o IELY ° PAW oMOIGT� YUMATBEMOOD ■ cw m ! y / , < Y C � � u�V � 4 _ y�. \rte Fffis ■ J^_ — v � TE 6S 9t � �SSI O O9 MRS REA NE JMI %V" " MMKU BLw J89 REGATTA CT 622 - NEpTUE"! SR214f 072 PERNY U4 F-M REGATTA RD C•22 LN Ci' O • �� NETTLEI■OOpIJI 11•D P'EPPEYITW P2/ - C?5 • 7 carR.AS■noo •1EWNOOi CT Ea P9rERMOOD CPR 670 REOElf CPI F•17 4 sfe� • tt.lM Cti.. MEWOURY PL H.94 PEIpQT AV J-32 REPUBLIC OR Em 9 Y LRY G \T( a 0011COtow NEII■LAVE4 CN E49 PEi MMON PL M_x REYNOLDS CT F -20 l • .� N./TZ Sr bit PERRYW H_n ROLE CT D-19 ey1 .Ue00L I ■mft7vl! NORPOLR PME LN ma PET9E AV H RDOE DR D•19 rTNTLE g( I NOIrMPpV OR F47 - E-27 - D40 NORTH RD an P mom WP7 H-19 1BLOE ST 0.22 " POLY AV J21 RIDWROOO OR 619 NORTH ST Oi PICA LY CIRCUS 020 - 62D i er C 1r NORTH powm OR 619 PlCAMV CT H27 RIFLE PAPM RD K27 NORTH0ATE OR D21 P%MJF CT 024 RNAAD RD Em TTr3<IDrS V NOPITHIJMHT OR NORfl1YY0ES 011 Rey AE AV E-M Rr4M WY E-24 ■t NOT7fYOlm 011 E•17 PPE CT C24 RIVER REACH OR E2. jE ! r �� NLWN91YLM 4.19 P0EO1 J-M FVVEFAN0E BLVD b1• raj. pl�e 0A4■1 OR 627 PRE ST E-20 RIVE 4004T OR D45 J�, FALM i181llAf Ij Y OAKAV Lti - E47 PNVEW41EW OR E -27 'AK OR JM P.E ACM AD P-M FWVWAOOD 011 .142 -im LIN J41 PME OOE W J24 I.VB1A BLVD E D•7f •�� P'�1 LILY OAK PORN OR E22 PM CAL CT 619 1 ENE BLVD W 627 �, !1. � CTJ OAK Y0wm D•1• POE ap L W C, 1r0101A OR C22 1 W ]AIQAPO Hl" 011 C-n " PEE 910tlE W Gil ROmmLB" PALM LM _ 4MPm a 0* OA1E BLYDPOW IM PEE NMUV U1 lnUm IIOMI AV F-0 ' LFO PEE LMM M RE PKMR HOOD CM 1.24 OM0VO00 01 I-= POE ROGER 041 PM M BLVD Eli O�CT P29 PO R OMME O NO MMM Cr 619 a OCE IR BLVD •m - E20 RDIOA CT E_" DOO9LJtOCr J-0 - 4ia InEEAY - +V iLR ! A 01�0mmST RO PEE LEEOR P,a IORLN. _ J:11 _ OLD IB.IOA7ORAitV P0E1�O1 - 11 0 WY .r • P.m TbO S 4e+.- bM.PEOiwILIC[�iM Cr -^.• Pdf T OLD ffr OLD pt_ = 011V1 d• -.. Xi 'Pw1O 4!0 'ebMA. PATll C7 rt.r _ _ �•' ti' R.rt� ' - t , a 1 •. ..� • ;��!'_h;1n . •%� r.i •rte .. r ! � I 1.1 . 1 - - (a�- -_ • .• .•. •11 ..• • r , .,_ a♦ rrr AW rvr- Ij+ i • � •_ ri =�;r� � -ice C •'•1R• ,•,••r '• •r, r• � r 1 - .,�ji� • • r Mae Z • - r r I I 1 ti • - •r ' • • � III •III . • r. �, :, 1 I �. M, 'fir AF- ore • • '13�� i r - ,f 29 . 4 r � J' 7;• „Ic. ULT CM MIRY CIA )EEiwonr r,caao.l L4" Ft' OCT E-2 � cr Eta D-t! RIOM OR 5.27 wts FKm sr 0� o-2� s t� 14DOEVMW OR &1 _ Bit T AR MW-p off,. Rwm wY 6,24 RMM REAC14 OR SE ewo 0-19 OA m-n- r . 3-a L. ,f 29 . 4 r � J' 7;• „Ic. ULT CM MIRY CIA )EEiwonr *0111 1! 1 PETITION NO. CU -99 -5 R. J. WARD, P.E. SPECTRUM ENGINEERING, INC. REPRESENTING JOHN J. NEVINS, BISHOP OF THE DIOCESE OF VENICE REQUESTING APPROVAL OF A CONDITIONAL USE FOR A CHURCH AND CHURCH RELATED SERVICES FOR A PROPERTY LOCATED AT THE SOUTHWEST CORNER OF TAMIAMI TRAIL EAST AND HENDERSON DRIVE APPROXIMATELY ONE MILE EAST OF CR. -951, IN SECTION 2, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 25 ACRES. OBJECTIVE: The applicants are requesting Conditional Use 7" of the "A" Agricultural zoning district for a church and church related uses. The proposed development will consist of a 28,000 square foot church with 1,400 seating capacity, a 13,000 square foot parish hall with 1,000 seating capacity. The parish hall will include offices, kitchen, storage, etc.. The applicants are also proposing a 3,000 square foot office building, a 1,200 square foot maintenance building, a 8,500 square foot religious education building with a child care facility, a columbarium, and a residential building with four suites. The site will contain 611 parking spaces. This site is adjacent to vacant properties on three sides. On the west side, it is separated from a mobile home park with a sixty foot ROW. The closest non - residential building will be set back 100 feet from the western property line. The closest pavement will be set back 50 feet from the same property line. With the retained natural vegetation and enhanced landscape buffers, very little of site activities will be visible from Henderson Drive. The Collier County Planning Commission reviewed this petition on June 3, 1999 and with a vote of 8 -0 recommended approval of this petition. This petition qualifies to be placed on the Summary Agenda. FISCAL IMPACT: None. GROWTH it a ..._. L _. IMPACT: JUN 2 2 1999 Pg. Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical /Archaeological Survey and Assessment is required. • • • 1 �' • That the Board of Zoning Appeals approve Petition CU -99 -5. JUN 2 2 1999 pg. -:2- PREPARED BY: rAti., L-1 CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER EWED BY: DONALD F'NINO, AICP, MANAGER CURRENT PLANNING SECTION ROBER J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE �- C)q-. Q9 DATE DATE APPROVED VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AGENDA ITEM No JUN 2 2 1999 Pg• 3 1 2 RESOLUTION 99 -_ 3 4 5 6 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT 7 OF A CHURCH CONDITIONAL USE "7" IN THE "A" 8 ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF 9 THE COLLIER COUNTY LAND DEVELOPMENT CODE 10 FOR PROPERTY LOCATED IN SECTION 2, TOWNSHIP 51 11 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 12 13 14 WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and 15 Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and 16 enforce zoning and such business regulations as are necessary for the protection of the public; and 17 WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance 18 No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the 19 zoning of particular geographic divisions of the County, among which is the granting of Conditional 20 Uses; and 21 WHEREAS, the Collier County Planning Commission, being the duly appointed and 22 constituted planning board for the area hereby affected, has held a public hearing after notice as in said 23 regulations made and provided, and has considered the advisability of Conditional Use "7" of Section 24 2.2.2.3. in an Agricultural Zone for a church on the property hereinafter described, and has found as a 25 matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all 26 applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land 27 Development Code for the Collier County Planning Commission; and 28 WHEREAS, all interested parties have been given opportunity to be heard by this Board in a 29 public meeting assembled and the Board having considered all matters presented. 30 NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of 31 Collier County, Florida that: 32 The petition filed by R.J. Ward, P.E., of Spectrum Engineering, Inc., representing John J. 33 Nevins, Bishop of the Diocese of Venice, with respect to the property hereinafter described as: 34 35 Exhibit "B" which is attached hereto and incorporated by reference herein 36 be and the same is hereby approved for Conditional Use "7" of Section 2.2.2.3. of the "A" Zoning 37 District for a church in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the 38 39 40 41 following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE No. ,l7Z- JUN 2 2 1999 Pg. I BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. 2 This Resolution adopted after motion, second and majority vote. 3 Done this day of 1999. 4 5 6 7 8 9 10 11 12 ATTEST: 13 DWIGHT E. BROCK, Clerk 14 15 16 17 Approved as to Form and 18 Legal Sufficiency: 19 20 Marj ie M. Student 21 Assistant County Attorney 22 g/admin /sue /CU -99 -05 RESOLUTION 23 t 24 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman AGENDA I 1 LM No.— / 7,15 . JUN 2 2 1999 - 2 - Pg. AGENDA ITEM 7 -I MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: May 10, 1999 RE: PETITION NO: CU 99 -5 OWNER/AGENT: Owner: John J. Nevins Bishop of the Diocese of Venice 1000 Pinebrook Park Venice, FL. 34292 Agent: R. J. Ward, P. E. Spectrum Engineering, Inc. 1342 Colonial Boulevard Suite 32 Fort Myers, FL. 33907 The applicant is requesting approval of a conditional use for a church and church related services. The subject property is located at the southwest corner of Tamiami Trail East and Henderson Drive approximately one mile east of CR -951, in Section 2, Township 51 South, Range 26 East, Collier County, Florida. This site consist of 25 acres. The applicants are requesting Conditional Use "7" of the "A" Agricultural zoning district. The proposed development will consist of a 28,000 square feet church with 1,400 seating capacity, a 13,000 square feet parish hall with 1,000 seating capacity. The ,,..1 parish hall will include offices, kitchen, storage, etc.. The applicants are also proposing a 3,000 square foot office building, a 1,200 square foot maintenance buildin - Aim square foot religious education building with a child care, a columbariu , Ln residential building with four suites. The site will contain 611 parking spaces. .SUN 2 2 1999 -1- 1 P9 _- 12__ -__ Ymn ML ION / CL Q � W � � -1 06 i � §� § � t: ak E � 7 � � e � k / . Ymn ML ION / CL Q � W � � -1 06 i � §� � E � 7 � k | | |■ k§ � . 7 , ■ _ L K - E " Q §k | O Q ©® V 41V ■ , _ § � 22 1999 P. Existing: - Vacant, zoned "A" Agricultural Surrounding: North - Vacant, zoned "A" Agricultural East - Vacant, zoned "A" Agricultural South - Vacant, zoned "A" Agricultural West - Mobile home residences, zoned "MH" Mobile Home a. Consistency with this code and Growth Management Plan. Pro: The site in question is zoned "A" Agricultural. Churches and houses of worship are permitted as Conditional Uses in the "A" district. The subject property is designated Mixed Use Residential, which allows churches. Con: None. Summary Conclusion (Finding: The use in question is permitted within the Mixed Use Residential. This district allows some commercial and service uses, provided certain criteria are met. This request is deemed to be consistent with the requirements of the Growth Management Plan. b. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The proposed church facility will have a single ingress and egress point on US -41. This access point will have all deceleration and acceleration lanes required be the Florida department of Transportation. Con: None. Summary Conclusion (Findings): The ITE Trip Generation manual indicates that this site will generate 1,302 trips on a Sunday and 332 trips on a weekday. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on US-41. In addition, the site generated trips will not lower the LOS below the adopted LOS standard for any segme ' the project's radius of development influence (RDI). Therefore, this ojecliG&OD1 1111 consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (T E). eP�e -�--- JUN 2 2 1999 -2- pg.�r a TCE lists US-41 as a 2 lane arterial road fronting the project. The traffic count for this segment is 4,412 AADT and is operating at LOS "B ". It should be noted that this segment is not projected to be deficient at the build out of this project. C. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro: This site is surrounded on three side by vacant agriculturally zoned land. On the west side this project will be separated from a mobile home subdivision by a 60 foot wide road ROW. No access is proposed from this road (Henderson Drive). Therefore, this development should have no negative impact on the adjacent properties. Con: None. Summary conclusion (Findings): The proposed church will have no negative effect on neighboring properties in relation to noise, glare, economic or odor. d. Compatibility with adjacent properties and other property in the district. Pro: As discussed above, this site is adjacent to vacant properties on three sides. On the west side, it is separated from a mobile home park with a sixty foot ROW. The closest non - residential building will be setback 100 feet from the western property line. The closest pavement will be setback 50 feet from the same property line. With the retained natural vegetation and enhanced landscape buffers, very little of site activities will be visible from Henderson Drive. Furthermore, houses of worship are traditionally considered compatible with residential uses in the residential areas. Cone: None. Summary Conclusion (Findings): The proposed use is compatible with the existing land uses surrounding this site. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition CU 99 -5 to the BCC with a recommendation for conditional approval subject to staff stipulations.. -3- AGENDA IT, No. JUN 2 2 1999 I C/ P9. --L-- PREPARED BY: Caniofvo� �� ✓' /%3/9 CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER WED BY: RONALD F. NINO, AICP, MANAGER DATE CURRENT PLANING SERVICES OBE J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES 4 z-� �V.171c� VINCENT CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Petition Number: CU -99 -5 Staff Report for June 3,'l 999 CCPC meeting. NOTE: This Petition has been advertised for the June 22, 1999 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: MICFe5A BRUET, CHAIRMAN -4- AGENDA, IITEEMM 2 2 1999 L FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -99 -05 The following facts are found: 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes_ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ,x• No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wit in district Yes No Based on the above findings, stipulations, (copy attached) approval Y2��Bti� DATE: g /amain /sue /CU -9905 this conditional use should, with (should not) be recommended for HA EXHIBIT "A" AGENDA ITEM No._,Z,Z,g�7— JUN 2 2 1999 Pg.�_ DESCRIPTION: SAN MARCOS MISSION A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 51 SOUTH, RANGE 26 EAST, BOUNDED ON THE NORTHEAST BY TAMIAMI TRAIL (U.S. 41) BOUNDED ON THE SOUTH BY THE SOUTH LINE OF SAID SECTION 2, BOUNDED ON THE WEST BYTHE WEST LINE OF SAID SECTION 2 AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF SAID SECTION 2: THENCE NORTH 00 DEGREES 41 MINUTES 40 SECONDS EAST, ALONG SAID WEST LINE OF SAID SECTION 2 FOR 1494.67 FEET TO A CONCRETE MONUMENT MARKING THE INTERSECTION OF SAID WEST LINE OF SECTION 2 WITH THE SOUTHWESTERLY RIGHT -0F -WAY LINE OF SAID STATE ROAD 41 (SR41)(TAMIAMI TRAIL); THENCE SOUTH 54 DEGREES 21 MINUTES 31 SECONDS EAST, ALONG SAID SOUTHWESTERLY RIGHT -OF -WAY LINE OF STATE ROAD 41, FOR A DISTANCE OF 1183.92 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 36 SECONDS WEST FOR 817.82 FEET TO THE SOUTH LINE OF SAID SECTION 2; THENCE NORTH 89 DEGREES 27 MINUTES 07 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 2 FOR 893.73 FEET TO THE POINT OF BEGINNING. CONTAINING 25.0 ACRES, MORE OR LESS SUBJECT TO EASEMENT, RESERVATIONS AND RESTRICTION OF RECORD AGENDA ITEM No. 47,65- JUN 2 2 1999 EXHIBIT "B" 3 Hill gills i ill fidil 1 01111 lip, EXHIBIT "C" SAN MARCO MISSION CONCEPTUAL USE PLAN naa, a..a /1' o � F y _ �� All 939 11p 11 la 1s ; jAjj -� a No. pg.— ? CONDITIONS OF APPROVAL FOR CU -99 -5 1. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 2. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty -five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structual buffers shall be provided in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. 3. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4 of the Collier County Land Development Code. 4. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan /construction plan approval. This plan shall include the methods and time schedule for removal of exotic vegetation within areas of retained native vegetation. 5. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan /construction plan approval. AGCNDA ITEM N 1999 EXHIBIT "D" tiry 191'A Petition No.: C U 99- 0- Date Petition Commission District: 1. General Information Planner Assigned! ABOVE TO BE COMPLETED BY STAFF NameofApplicant(s) John J. Nevins, Bishop of the Diocese of Venice Applicant's Mailing Address 1 000 Pinebrook Park City Venice State FL Zip 34292 Applicant's Telephone # 9 41 - 4 8 4 - 9 5 4 3 Fax # 941-484-1121 Name of Agent R. J. Ward, P. E. Firm Spectrum Engineering, Inc. Agent's Mailing Address 1 342 Colonial Boulevard, Suite 32 City Fort Myers State FL Zip Agent's Telephone # 941-277-1182 33907 Fax # 941-277-1786 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES /CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403 - 2400 /FAX (941) 643 -6968 AGENDA ITEM NO. 4ZL- APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL. USE - 6198 PAGE 1 5 J U N 2 2 1999 Pg.--z3--, . .................... 2 . Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock John J. Nevins as Bishop of 100% the Diocese of Venice, a Corporation Sole P.O. Box 2006 Venice, FL 34282 C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of interest AGEND A /IITEEM Y J' N 2 2 1999 APPLICATION FOR PUBLIC H -ARIN . FOR CONDMONAL USE - UPS PAGE 2 15 Pg. / / d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ( ) leased ( ): Term of lease yr. /mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option h. Should any changes of ownership or changes in contracts for purchase subseallp-nt to the date of application, but prior to the date of the final public hearing, it is'figOaITE1' No.� Y�'d 2 2 1999 APPLICATION FOR PUBLIC H -ARIN . FOR CONDMONAL USF - 6/98 PAGE 3 F 15 Pg.—/ Z responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the propeM covered_ by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum V to 400' scale) if required to do so at the pre- application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 2 Township: 51 Range: 26 Lot: N/A Block: N/A Subdivision: N/A Plat Book Page #: Property I.D. #: 00724040100 Metes & Bounds Description: See Attached Exhibit "A" 4 . , Size of property: j 1 R d ft. X 1 1 5 5 ft. = Total Sq. Ft. N/A Acres 25.0± Averaged - property is irregular S. Address /general location of subject oroneM Property is located at SW corner of Tamiami Trail (US 41) and Henderson Drive 6. Adiacent zoning and land use: Zoning Land use N A VACANT S A VACANT E A VACANT W MH MOBILE HOME Ad ND��A IITFE�M'' y 2 2 1999 _ PAGE 4 OF 15 / Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: 7. Type of Conditional Use: This application is requesting conditional use # of the district for CMEOFUSE) Place of Worship - See Concept Plan Present Use of the Property: undeveloped Vacant nand 8. Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is c slstettt -WA 1TE No.r,Z2-4L APPLICATION FOR PUBLIC H FARING FOR CONDITIONAL. USE - 6198 J V y 2 2 1999 PAGE 5 O 15 Pg. 8. Evaluation Criteria a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable portions of the future land use element.) The project consists of a Place of Worship which is permitted in this land use category as conditional use. The lands to the west of the project are developed as a mobile home park. Henderson Drive is between the subject property and the mobile home park. The project site does not directly abut the r/w line of Henderson Drive. There is a ten foot strip between the r/w line and our property line which and the property which is owned by others. The project has road frontage on Tamami Trail which is on the north property line. The land adjacent to the south and east is undeveloped. The proposed use of a Place of Worship is consistent and complementary with both residential and commercial uses. This request is consistent with the applicable section or portions of the future land use element of the Collier County Land Development Code and Growth Management Code b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or castrophe. Access to the site is from US 41 (Tamiami Trail). The entrance will have a center median to provide physical separation between the entering and exiting traffic. The site is served by access drives which completely encircle the main compound to provide a continuous loop. Sidewalks will be provided in strategic locations for pedestrian movement. c. Describe the effect the conditional use will have on neighboring properties in relation to noise glare, economic and odor effect. The parking area is set back fifty feet from the west property line. This area will be left natural if possible and will be enhanced with additional vegetation to provide an effective screen from Henderson Drive. To the south and east a large vegetated wetland area (approximately 10 acres) will buffer the adjacent properties. In light of the considerable buffer area provided for this project no changes in noise, glare, economic or odor effect are expected for this project. , <,,(;5 DA ITEM I � 1999 C Now d. Describe the site's and the proposed use's compatibility with adjacent properties in the district. A Place of Worship is compatible and complementary to both residential and commercial properties. There is an existing mobile home park to the west of the site. The parking area adjacent to the west property line is set back approximately fifty feet in order to allow some of the existing vegetation to be preserved. The remainder of the surrounding properties are undeveloped lands. Ten acres of jurisdictional area is being preserved and will provide a considerable buffer to the lands to the south and east of the site. Please provide any additional information, which you may feel is relevant to this request. AGENDA ITE No. /% YU, iN 2 2 1999 PB•_. Jerome A. Carosella, AFFIDAVIT as Attorney in Fact for John J. Nevins as Well, Bishop of the Diocese of Venice being first duly sworn, depose and say that well amlare the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize Spectrum Engineering, Inc. to act as our /my representative in any matters regarding this Petition. Signature of Property Owner Jerome John J Typed or Printed Name of Owner of Property Owner Sella, as Attorney in fact for , as Bishop of the Diocese of Venice Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 1 N O day of M AR 01+i , 19YI_, by igeootE P. C A R oSi= i.LA who is personally known to me ?#i{ 4)Wdf tcl personally known to me OCIMM92=01M State of Florida County of Collier ' o��Hr Pis Betty L. Adler t Notary Public, State of Florida t �4�iy n Commission No. CC 584749 i OF FLOP My Commission Exp. 111038000 I •800- 900 F ?� Plotary 4ertioe k Bare Co t .ai ..yi.,•.,.,,,ar {iii e eeee i le - k4& (Signature of Notary Public - State of Florida) Betty L. Alder (Print, Type, or Stamp Commissioned Name of Notary Public) CC # 584748 AGENDA ITEM Expires 11 -03 -2000 1 ""•_.c=e JUN 2 2 1999 PAGE 1 i OF Pg AFFIDAVIT OF OWNERSHIP OR UNIFIED CONTROL AND AUTHORIZATION OF AGENT I do hereby swear and affirm that I have full power and authority to represent and bind all legal and equitable owners of the property herein described. Further I affirm that I authorize Spectrum Engineering, Inc. to act as agent in procuring the required reviews, permits, rezoning, and/or any other approvals associated with the development of this property. This authority to represent my interest included the ability to bind the parcel for the purposes of unified control documents necessary for any zoning actions, as well as any and all other documents required by the rezoning, planning, or permitting requests submitted on my behalf by Spectrum Engineering, Inc. Description: SAN MARCO MISSION A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 51 SOUTH, RANGE 26 EAST, BOUNDED ON THE NORTHEAST BY TAMIAMI TRAIL (U.S. 41) BOUNDED ON THE SOUTH BY THE SOUTH LINE OF SAID SECTION 2, BOUNDED ON THE WEST BYTHE WEST LINE OF SAID SECTION 2 AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF SAID SECTION 2: THENCE NORTH 00 DEGREES 41 MINUTES 40 SECONDS EAST, ALONG SAID WEST LINE OF SAID SECTION 2 FOR 1494.67 FEET TO A CONCRETE MONUMENT MARKING THE INTERSECTION OF SAID WEST LINE OF SECTION 2 WITH THE SOUTHWESTERLY RIGHT -0F —WAY LINE OF SAID STATE ROAD 41 (SR41)(TAMIAMI TRAIL); THENCE SOUTH 54 DEGREES 21 MINUTES 31 SECONDS EAST, ALONG SAID SOUTHWESTERLY RIGHT -OF -WAY LINE OF STATE ROAD 41, FOR A DISTANCE OF 1183.92 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 36 SECONDS WEST FOR 817.82 FEET TO THE SOUTH LINE OF SAID SECTION 2; THENCE NORTH 89 DEGREES 27 MINUTES 07 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 2 FOR 893.73 FEET TO THE POINT OF BEGINNING. CONTAINING 23.0 ACRES, MORE OR LESS SUBJECT TO EASEMENT, RESERVATIONS AND RESTRICTION OF RECORD J e A. Carosella, as Attorney in Fact for J. Nevins, as Bishop of the Diocese of Venice, 000 Pinebrook Road, Venice, Florida 34292 A Corporation Sole State of Florida County of Sarasota Sworn to and subscribed before me this -. N a day of n► A R 0_ 1 , 1998 by the aforesigned, who is personally known to me. 4wr Betty L. Alder r Notary Public CC # 584748 My commission expires: 11 -03 -2000 0� O Y P6 f. Betty I,. Adler < Notary Public, Stste of Florida ' P Commiuion No, CC 584748 < or ae My Cmmnission Exp. 11/03/2000 14M3-NOTARY. Fla Noary So vice t Bowms C& AGENDA ITEJ► NO. /- JUN 2 2 1999 Pg. j EXHIBIT `A' DESCRIPTION: SAN MARCOS MISSION A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 51 SOUTH, RANGE 26 EAST, BOUNDED ON THE NORTHEAST BY TAMIAMI TRAIL (U.S. 41) BOUNDED ON THE SOUTH BY THE SOUTH LINE OF SAID SECTION 2, BOUNDED ON THE WEST BYTHE WEST LINE OF SAID SECTION 2 AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF SAID SECTION 2: THENCE NORTH 00 DEGREES 41 MINUTES 40 SECONDS EAST, ALONG SAID WEST LINE OF SAID SECTION 2 FOR 1494.67 FEET TO A CONCRETE MONUMENT MARKING THE INTERSECTION OF SAID WEST LINE OF SECTION 2 WITH THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF SAID STATE ROAD 41 (SR41)(TAMIAMI TRAIL); THENCE SOUTH 54 DEGREES 21 MINUTES 31 SECONDS EAST, ALONG SAID SOUTHWESTERLY RIGHT -OF -WAY LINE OF STATE ROAD 41, FOR A DISTANCE OF 1183.92 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 36 SECONDS WEST FOR 817.82 FEET TO THE SOUTH LINE OF SAID SECTION 2; THENCE NORTH 89 DEGREES 27 - MINUTES 07 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 2 FOR 893.73 FEET TO THE POINT OF BEGINNING. CONTAINING 25.0 ACRES, MORE OR LESS SUBJECT TO EASEMENT, RESERVATIONS AND RESTRICTION OF RECORD No. X7E JUN 2 2 1999 pg. --;? 4 EXECUTIVE SUMMARY PETITION V- 99 -05, GARY KRAFT AND DONALD HEFFNER, REPRESENTING QUAIL CREEK VILLAGE FOUNDATION, INC., REQUESTING A VARIANCE OF 50 FEET FROM THE REQUIRED SETBACK OF 75 FEET TO 25 FEET FOR PROPERTY LOCATED AT 11719 QUAIL VILLAGE WAY, IN THE QUAIL II PUD, IN SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a 50 -foot variance from the required 75 -foot setback to 25 feet to allow construction of a pro shop and pool pavilion. CONSIDERATIONS: The petitioner wishes to construct a new golf pro shop and pool pavilion. The proposed addition would encroach into the required yard by 50 feet. A golf course is directly behind the proposed addition, and there is a wall between the proposed structures and Valewood Drive. The Planning Commission required additional landscaping to further buffer the structure. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: Since the use is accessory to a private residential community, the use of the property proposed for the variance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. HISTORIC /ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioners' property is not located within an area of historical and archaeological probability as referenced on the official G Probability Map. Therefore, an Historical /Archaeological Survey and As waiver is not required. mier count 5e smeA ITEM JUN 2 2 1999 Pg. / - PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on June 3, 1999, and by a unanimous vote, forwarded Petition V -99 -05 to the Board of Zoning Appeals with a recommendation of approval. PREPARED BY: j. FR EISCHL, SENIOR PLANNER CURFZ NT PLANNING D BY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER ROBEWT J. MULHERE, AICP PLANNING SERVICES DIRECTOR APPROV�D BY: C -5-99 DATE DATE DATE 6 -- s -4 7 VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summaryN -99 -05 JUN 2 2 1999 Pa. a- PURPOSE /DESCRIPTION OF PROJECT: The petitioner wishes to construct a new golf pro shop and pool pavilion. The proposed addition would encroach into the required yard by 50 feet. A golf course is directly behind the proposed addition, and there is a wall between the proposed structures and Valewood Drive. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - Quail Village Clubhouse Facility; zoned PUD Quail Village Way ROW Valewood Drive ROW Golf course; zoned PUD Tennis facility; zoned PUD HISTORIC /ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical /Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? JUN 2 2 1999 2 i Pg. 3 _ CL Q W swag m low u ;i� M O F U G � _ C w w ^ 3 r - J O !g - i3 u ~ Up 0, w r IgR m () 6 pi - p! CL 0, WVAYrM Ono e C� �OMWIN F- a WM .uwnoo • ,,,, woo. I R �3 Di ------------ , Fly $ END 111 I rL (C.R r) 22 999 a A I 2 O H W d MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: APRIL 30, 1999 RE: PETITION V -99 -05 LZLZLZLZLZLZLZLZLZLZLZLZLZLZLZLZLZZZLZLZZZLZLZZZLZLZLZLZLZ AGENT /APPLICANT: Owner: Quail Creek Village Foundation, Inc. 11719 Quail Village Way Naples, FL 34119 Agent: Gary Kraft Quail Creek Village Foundation, Inc. 11719 Quail Village Way Naples, FL 34119 REQUESTED ACTION: The petitioner requests a 50 -foot variance from the required 75 -foot setback to 25 feet to allow construction of a new golf pro shop and pool pavilion. GEOGRAPHIC LOCATION: The subject property is addressed as 11719 Quail Village Way and is located within the Quail II PUD. AGENDA ITEM N& JUN 2 2 1999 Pg. No. The existing facility fits on the property within the required setbacks. The petitioner wishes to expand the facility and the available land falls within the required yard. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre- existing conditions relative to the property, which is the subject of the variance request? No. The Petitioner wishes to construct an addition to the existing facility. C. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. There is an existing club and pro shop on the property. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No, the existing facility is a reasonable use of the land. However, the proposed improvements would increase the usable area. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a clubhouse facility closer to parcel boundaries than would be permitted in the Quail If PUD. An alternate method of accomplishing this would be a PUD Amendment. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this variance will reduce the amount of the required yard, which will not be in harmony with the general intent, and purpose of the PUD. However, approval of this request will not be injurious to the neighborhood or detrimental to the public welfare and will have the effect of amending the PUD. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? AGENDA ITEM I N&1 3 1 JUN 2 2 1999 Pg. 0 Yes. Tennis and golf facilities and two roads surround the site. In addition, there is a wall between the proposed addition and Valewood Drive. h. Will granting the variance be consistent with the Growth Management Plan. Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Due to the fact that the proposed addition will be ameliorated by a wail and will abut a golf course tract, and that the variance serves the same effect as a PUD amendment, staff recommends that the CCPC forward Petition V -99 -05 to the BZA with a recommendation for approval. PREPARED BY: FREE(fotCHL, SENIOR PLANNER DATE CURRENT PLANNING EVI WED BY: RON LD F. NINO, AICP DATE CURRENT PLANNING MANAGER R6BERVF J. MULHERE, AICP DATE PLANNING SERVICES DIRECTOR APPROV D BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR bATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition Number: V -99 -05 Staff report for the June 3, 1999 CCPC meeting. Collier County Planning C ission: M iA B UET, CHAIRMAN Ho.17,c JUN 2 2 1999 Pg.-_ _ " n2,-1; •99 11): 2S FAX g416456965 - -- cnLLIER (70 rn)jJjr�ITy DEc � rf ki CIN (VARLA— CE FROM. SETBACK �S) REQUIRED FORA PARTICULAR ZONING DISTRICT) -' r Ali 0 Petition No. Date Petition Received: Commission District: Planner Assigned: C� -7 SQL ABOVE TO BE COMPLETED BY STAFT G .N R- 1.I`FOR-IIATION: Petitioner's - ame: 0001 Vd la a e rou n drx4 ia✓l :.1<_ . Petitioner's Address: 1 ] 3) J C uu 1� y, ))� f_ Lt fJ�5�F'J 3VW19 Telephone: -FIE - 9 9ao2 Agent's Name: rre1r\j , �t - qa Agent's Address: -JI712 C212aid y-t to l urap)e_S I Fl Telephone: COLLIEF. COUNTY COMMUNITY DEVELOPMENT PLAT KING SERVICES /CURRENT PLANNING AGENDA ITEM 21,00 N. HORSESHOE DRIVE - NAPLES, FL 34104 No. /7i, PHONE (941) 403- 2400IFAX (941) 643 -6968 JUN 2 2 1999 __ .Appftatior for Varianc :; 4ge Petition - SM 1 Pdf•4-- ±� :1'I�fi'��7 i s i7n4 Compiete tine follov:;zo fer ail ?.ssociat*cr(s) affiliated with this petition. , -Provide add: Tonal si:eets .: ne:.essaty> - Name ofHomeown--- �socia ^c =. �reeb: ��iIlaGe F'oU�1c�a ion f `lailinz a Jess )) %1`���i;a i j jai I la rat Waw C Nap Its State j ? ZiD j )) Nam:: c: � omeo\w Ter Sccia :.on: MlaiiiLe - ad: ess Name of Master .Asst ciaton: Name of CiNic Assoc:atiou. PROPERTY DES E IPTION : Leta? Descry --icy c= f ubject Pm.?e:-:-y. Subdi-�Zslor: Unit Section -Ranz° State Z Ci:v :ate 7-1) Metes & Bounds De: cription: Sec A H a c Lot (s) Block (s) ?-ope ^r I.D. _ IUN 2 2 1999 pg._ .application for Variance Petition - 8l99 Page 2 of 8 f I I �sn '1W1 as �esA tv m 0 r ` h y •1'ti • , a �y..1 Description of Tract CC -) tCclf Course) pe:. o: Sectla^ 20, 7o,n_htp :2 = cute,, P,anoe 1S Les: 1 Collier Coin :}, Floc: lAefererce nail .._. a . e :Cwt +e St COCne. •! .eCl �'� - z ^ —�`n1. , 7T :anc,e 26 Cast, Collier County, Florida; c :atnce along the soutn line of said Section :0, Horth 89'- 09'-18' Ea� t :99.49 ,r._nce '.ccth 1'- 08'-47" nest 100.'0 feet to :tie north 11ne of the ^r County Canal Drainage rignt-of -way as recorded in Cted ?oo'c page 267, Collier County Public Record -, :hence continue North 1'-08'-47' we;;t 860.6' feet; tnenc,! South 70'- 00' -00" East 541.22 feet to a t,oint on the westerl; right -of -way line of '.'alewood Drive as shown on "Quad Creer, Unit One' according to the plat thtceof as recorded in ?)at. Cook 13 paces 19 through 26, Collier County public f,ecords, Collier County, Florida; :hence Along said westerly right- of-way 1_:'ie of valewood Drive, northeasterly 459.96 feet along tr,e arc of a non- tanaential circular, : curve concave to the southeast, having a radius of 930.00 feetp,. through a central angle of 28'- 2U' -15" and be:r,a subtended by a chorti3) which bears tlorth 28'- 48' -13' Last 455.:9 feet to the Poiht 021 :.eginnin,3 of the parcel herein described; thenc,� north 4�'- 00' -00" )test +00.49 feet; thence westerly 78.54 feet along the r.cC c: a t-'ncential circular curve concave to the south, havinq a radius of .O.GO feet, throuqh a central angle of 90'-00'-00" and being :ubten,�cd by a chord which Lear. !;Or-.h °i'- 00'-00" tryst 70.71 feet; t:,encc South -00 feet; thence scwthwcster'.y, westerly and nocth_esctrl;, 25:.22 feet along the Arc of a tangential circular curve concave tr,e nerthea�t, having a radius of feet, through a central angle w of 114'- 00' -00" and being subtende: by a chord which bears 11orth LD 56'- UU' -00" Nest 204.62 fret! :hence northerly '`52.77 feet along the arc of a tangential circular curve concave to the west. Laving a radius Of 438.67 fee: through a central angle of 33'- 00'-00" and heing suGte,,Lics by a chord which bears North 2'- 30' -00" East :49.29 feet; thence North 14'- UO' -00" Wtst 81-CO feet; thence northerly =46.92 feet along the arc of a tangential circular curve concave to the east, '.aving a radius of 6;3.07 feet, through a central angles of 22'- 00'-00" and being subtended by a chord which bears North 3'- 00' -00' Nent 245.41 feet; zw sp ", thence )forth 8'- 00' -00" Cast 360.00 eat; ~+�t cp thence North 4'- 00'-(10' 'cst 658.00 feet; X11 co o thence northerly 178.85 act along the arc of a tangential circular �•'r a cost, navin a radius of 441.96 feet, through �' yf co Cur�c concave to the y a central angle of 18'•-00' -00" and belrg subtended by a chord which ,� C' v bears North 5'- 00' -00" East 138.28 feet; "- �;'.�i thence North 14'- 00'-OU' East 160.50 feet; thence South 87'- 00' -00" East 387.09 feet; thence southeasterly and southwesterly 71.90 fret aloha the arc of a tangential circular curve concave to the southwest, having a Continue on page 2 r � � a• -, r. 'AN. { f P9•_,Zi2_ - ?,,ltx� �'•4v ,Ui' aar�;F ": LI 1• 'fry kd ca Descrip )n of Tra.t GC -1 I.clf Cc 'se) _einq a part :f Saetlon 20, p ;c Sou:.., Aance .6 Eas: Collier Co.:nty, rlor.da (Reference: ; oi L c 'n 7 cwnan. rt•. _ -_. .~ ••'"� ...e,- County da- IPe;erer;e: :0n ;aQ t _.,ct ortn 6' -3G -00' erect 660.00 eet -. ..-- _r.e.l7 5E.94 feet -'.cng ,e arc c' a .anaent,al ci:cu:_. rve "concave to the east, having a radius of tbv.:7 feet, tar ventral angle of 24'- 30'-00' And being subtended by a chord which a:s 11orth 5'- 45' -00' East 195.45 !eets , I ;orth 18'- 00' -00' Cast 60.00 feet; _n- :e northeasterly 135.36 feet e!ong the arc of a tangential Cn :twig: cur�:e concave to the southeast, having a radius of 215.;: � a% through a central angle of 36'- DO' -00" and being subtended t Cz chord which bears ssorth 36'- 00' -00' east 133.15 feet; � oD ence !sort~. 54'- 00' -00' East 65.OG feet; --7; crs ence northeasterly 195.41 feet r:10 ^q •he arc of a tangential rcular curve concave to the north..ast, having a radius of 3 ?3.21 1\ et, through a central angle of 30'- 00' -C." and being Subtended by chord which bears North 39' -00' -G „ East 193.19 feet; ar.ce I}orth 24'- 00' -00" East 35.00 feet; ence northwesterly 97.69 feet along the arc of a tangential rcular curve concave to the sour:iwest, having a radius o, 66.64 et, thrcugh a central angle of 84'- 00' -00" and being subtended by chord which bears 110rth 19'- 00' -''u" hest 89.18 feet; ence North 60'- 00' -00' test 114.95 fret; ence 11orth 30'- 00' -00' East 164.17 feet; p- ence ssorth 88'- 55' -58' East 11.4.48 feet to a point on sai sterly right -of -way line of t'ale400d Drive; ence along said westerly right -of -way line of valewood Drive in ' L fcllok�!ng'sixtp!en (16) descril,ad courses; (1) South 1'- 04' -02" Cast 109.10 feet; (2} Southerly 99.48 feet along the arc of a tangential circular curve concave to the west, av1ng a radius of $70.00 fret, through a central angle of 10'- 00' -00' and be !no subtended by a chord which tears South 3'- 55' -50" West 99.36 feet; (3) South 8'- 55' -58' west 124.0 feet; (4) Southerly 219.91 feet along the arc of a tangential circular curve concave to the east, having a radius of 630.00 feet, th:ouah a central angle of 20'- 00' -00" and being subtended by a chord which beers So,ith 1'- 04' -02" Fast 2)8.80 feet; (5) South 11'- 04' -02" East 124.00 feet; (6) Southerly 99.48 feet along the arc of a tangential circular curve concave to the west, having a radius of 570.00 feet, through a central angle of 10'- 00' -00" and being subtended by a chord which bears South 6'- 04' -02' Cast 99,36 feet; (7) South 1'- 04' -02" East 340.00 feetl (8) Southerly 156.79 feet along the arc of.a tangential circular curve concave to the west, having a radius of 770,00 feet, through a cenv.ral angle of 11'- 40' -00" and being subtended by a chord which bears South 4'- 45' -58" Nest 156.52 feet; (9) South 10'- 35' -58" Nest 132.00 feet; (10) Southerly 338.01 feet along the arc of a tangential circular curve concave to the east, havil,g radius of 830,00 feet, through a central angle of 23'- 20' -00" and being subtended by a chord which bears South 1'- 04' -02" Cast 335.68 feet; (1 1) South 12'- 44' -02' East 132.00 feet; (1 2) Southerly 156,79 feet along the arc of a tangential circular curve concave to the west, having a radius of 710.00 feet, through a central angle of 11'- 40' -00' and being subtended by a chord which bears South 6'- 54' -02" Cast 156.52 feet; lnue on page 4 00 S Ho. /7F JUN 2 2 1999 PQ, /oZ Description of Tract GC -! !Golf Ccurse) L:elr•c a part of Secttun 20, Towntn:;, 48 South. �,ange 26 Cast Collier County, !!or:da (Rtferencei Quill 21 ant.nued .rata page (131 South 1'- 04' -02' Cast 650.00 !set: (141 Southwesterly $72.84 feet along the arc C,f a tangential - _rcular curve to the northwest, having a radius of 545.00 feet, through a central ana:e of 60'- 13' -20' and being subtended by a chord whicn nears South 29- 02 -33' Feet ::(.63 feet; S 51 South 59'- 09' -18' Nest 447.92 feet; It 61 Southwesterly 262.67 feet aI"no T arc of a tangential _ circular curve concave to the southeast, ')avino a radius of 930.00 feet, thrdugh central angle c.: 16'- i0' -58" and being subtended by a chord which !ears South 51- 03 -49 West 261.80 feet to a point on said curve anj the Polpt of Beginning of the parcel herein described. ac a part of Section ' -0, township 48 South, Range 26 East, Collier Florida; _eject to easements and restrictions of recor_,; >- .tasninc 54.21+ acres more or less. !_ so: 1, 1',II-LER, BARTOII, SOLL t PEER, IUC :e stered Engineers and Land Surveyors rx// 'ihom�$ h. CeY. f of valid unless embossed with the Profet-sional'3 seal. .O. Ref: Date to M w _ a o a' 0 I co NC co O CD _ m r: CD :1989 (GGG ;ms) 5L-7)X may 21, 1984 C..J � cr. O __j o 1 » JUN 2 2 1999 P>i -� 8 111111 Pill .�� �_iSti� : {. :L, :.: yi�C► .� S a`1 • 4--. « - �', .r - _ . 1i . 1• ,._.. '7 l I 1 . 71. _--I DEVCL0I1a1ENT 1LTAtIDARDS. „tJl_TI n1;ILY SITES: '.lini�num building selZac:, from street; 50 ft. fron back of curb for 4•story raultl-!ar..t :y structures; 40 ft. .fron back of curb for : -s:arr structures. l0 ft. fron oach of curt) for 1-story structures; l0 t. am L]c1. -' cup u for - ccessory structures, t.tinimu.n setbacks cf st- ,cturts fr,r., ;o:f Nona. ven 1 3nQ 2, story structures: D ft. 7.t,in i—n separation ue :.,ccn 3 I)ri;,c,,..+1 :lruCLure and its accessory 11ructures: S fl. M —;Atum scpa,.I ion Lct tY Can aCCUs ry slrcC t ur.:i: (l. .Mininun S,:e yarns in .,II other Ciro : :n :l0nces. Onc -half the building height, but not Ic,.. than 1: !I. �,taaimurn u—idmj hci jl•t: Four Ijrin-J Min ;mum dt.elling unit 'lu)r area: 1.0000 ;q.:I. Atin :.min otfstreet spaces: : spaces per dtYelling unit, I of nhich sh311 ba inpruved, i of which m,.y x unimproved and land - scapad. Plannad, but unimprcv�d sp.;ces shall be improved at a future data shout.. actual parking demands aict :la tnat necessity. In the case of Cluster Luildings Y itn a common arcttitoctural thema, the above Clstances may L,: reduced prcviazU the site plan is approved by Ute Community Oevelop,nent Director. CWAMEfiCIAL, CIVIC. CULTUR. \L [ PUOLIC SERVICE USES: Yard reSuir ::ocnls, builcing ht:irnt, minimum building floor area, landscape rtquirtmeots, signs, 1St }hts, and related development features shall be subjc.l to development peen approval as set forth in Section 10.5 of the County Zontnr, Ordinance. Tha C -3 District regulations shall be uat.-d as a guide in Cetermining whether davcl- opment plan approval shall be grrnteU. ON 017 ?A,[ 318 JUN 2 2 1999 Pq• -/ . d t i t I' COLT COURSE t, COt_F CLUB %taximurn golf club building hcigr.; : 2-stCrlc:. ..�iiwiiwn separatian :�ei,ecn clu:,i.L,._. „ad street: 7, fl, from -..CK of cur;:. ..:in iflu :7 acpjrttion netween Ienris courts ur uthcr rccreabonaf equipment from b.a[n cf curb ft. t,tinimurt separation ta_tt,een a coi..iuc'.i;y S.1lR1SJnCJ pool or community recreation struetur2 and sire.::: 2S f1, back of curb. '.animism 1cparat/un bet %Yccn Clu;a�UUSa, otller recreallun building, pool, tennis court, or othar ,:crc.,ucit cyuip ;ncnt anal a resiic:ntial structure: 2; It. D t :('LLI•:C t,NIT OISTRIOUTIG.N Prior 1.1 issuance of Uu11d1n1.) per ., t�, a �;It—icd n sho.rin� L'uilJu,g locations, including t,utlding hci.;'.ts and n,rWef of . clling units per u— ildincj; accees drives :n1 ..ffs;rae: l :arL : :.�, shall be prepare:, su;,nut;ed to, and approve,l by tl.d Dircc.�r. SUBDIVISION ',:ASTER PLAN: The approved Quail 2 .. \'.a s;er Plan s,`.ail Llso constitute the approved Suuurvis.an Mailer Plan. EXCEPTiOrIS TO COUNTY SUt3DIVI IJx RECI ��TIONS: Article X, Section 19: Street nu.•.c signs sht.11 be approved by the County Engineer, but need nut sect the U.S.D.O.T.F.H.W.A. .Manual of Uniform Tr�.Ific Conircl Daviccs, S;raet pavenent painting, striping, and refle._tive edging requirements shall be waived, - J- iou ti17 w319 2 1999 W r;;.—.l M � UTILITIES: 1. All on-size anu of( :I: utility f�iCllilta$ cunslruClcd by the devuloncr in c3r,ncc;�,:n nh Covclopment shall be ccn- structed ;o Cou.-„y ., near .0 Cos: ..a tr.,! County no aha.l C_ :o _ iiStrict In acCord- once "W1 asplica 1c „ ;y ,,Cir. nces and regulations. 1, 1,11 eustu.::er ccnnaet n$ :a „ , seni:ary sewer and water Jistri- ::ut,on fac.l, ;.as ,ntl ,;Q wuS:Llr. rs u: ir.e COun ;1 later- Sa+.er District a.'1J ;II '..n led in cccordanca ,v::h a Caunly approved rate struCte(e. ]. All cu+sslructwn pi..ts and tachnical specifications (or the proposed ulih!'/ la,_ li ;l.s inc,,: be ,cvL:,,cC and aapruved by U,e Utdily Oi. swi, to Lo.mi enccmenl of Ccostrucuon, v, As p,opusd,J• tilc . ., ;m%-ui- _y ,r ltll/l) the proj.ct ,,,,I be priv, te•ly 0, 1, u .a.•I A.) :,r Ui)rlJIC elllity cJly- ments 1L .lw Coen:-; mus; b� provided for tlhe ,...,I,u.�J r,atcr anu sc, r facilities to be Con Slf uCleJ, S. All construction L,, u'.c SLnttJr) saner system shall u:iiita pruper :ne:1. j a Jnu l: Is ;o ins ,r,t ,va ;ar tight Con C 1; IU Its. 6. Data rcquircu un.!:c County Or0103nC.: K0. 6J -111 must be sulamilled and appruvLl <�r.1.7.1. 1 prior to approval of the Con - struction documer.is fur t ^,u pro :cct. Su Lam. t a copy u( the approved DER permit appticJtiun for tha sawage celiection and transmission syst. n and a cL.)y of the approved DER permit application and 0,;traling h... .,:71 f..r the wasle,ratar treatment facl:i;y 10 be utilized, clone )ri ::'t ll:a data required for Ordin,:nCe No. C,, 111. 7. Ali construction I.ICns and ;ccar,ical specifications (or the pl,;nl relocai:on, irans;,:r pump sl2tio.n• forca main and purnp Cesign da;a must be re•:,:wed and epproved by the Witity Division prior to commencement of CLr,SlruCllOn. 8, a. If required b appl:cabl,: Z:ou:lty Ordinance, connection to the County's Central Water and Saver faeiiitias wi:l be made by the owners, their assigns or successors, at no cost to the County or the County hater -Scorer Gistrict, within 90 days after such facilities become avail:.ble. 1__ - M: eou 017 PACE 321 I N .I r P J r cS 1 `r!t 1 1� I 1 JUN 2 2 1999 PQ'_Z_J�_ .ia„rav• 1 • � l�...� 6. U. Tne owners, their assl.pts or successors shell pay all system d.:velciament charc,QS at It- ;I; :e diet builCing permits or connee- t,uns to the County-: Z.n:,:.I water and Sewer (achlties are re4. que >ivu, wnic:lQvcr is ap;.ifcaote. ;.,.rsucn; ;o the appropriate C.)u -lily Grcl,nances at'.O at Inc tulle of permit lr :or.neCt-On rec;'.JcSL. note: The alluve utiiities rcl..;,:c rccl,�ir�n-.�nts are c ■traded from Utilities Manager, I.R, (lerron's r.t.::no of May 10, 1591 to '.'wry Lee Kirchhoff, Planning Decartment. TL..: requi: c -sets are intancee to represent current County Utilities 1, licy. In the uvenl that County policy or ordinances regarding utilities arc a.uCtficu, the mudified policy and/or uruutance requirements s:i.il tie api:l icaiae. In the ev.nt thot a water .nulor sewer franchis. is ,ranted to the is nail CrQak Deve:apers or their successors or assiq wn . fe ,uirci.wr.ts set fcorm in ;hc franchise aac,,ments ihiil tae conlrLu ng %.here they are at variance with the ,,t —v. listed 1)olicy requir—:ients. rr.�.TER MA-;4ACEr.tENT: _- A detailed water manatie,r.en; Lien shall be submitted to the County Enejineer for appruval prior w the star; u' any construction. A r,ctr control structure shall be provWed t.y the dcvelo.ocr on the pr..jccl outfall canal near Inc l,nmol.ale� Ruad canal. .t he Immokatce Road canal shall be improved _long the entire southerly boundary or the Quail 2 project. :,:ainlenanca of ;nu outflow canal and the weir within it shall be a continuing re6ilonsit):lily of the Quail Cretk andlor Quail 1 orc;anizattonal endues. -6- t)K 017 WE 322 8 .e •s.•t►�•' •1t aM'• r...• e. s •ee'1 •► v. r �. r s OLDIX&MC£ 82- 68 iY ORDITA7�C£ A0tt1'Dl`cC OR.DINA-SCI IS2 -1 TILE CUM -^ rxiJUFSIVE ZOSIFC RLC'.;LATIOAS ft,a TIIE 0,t�Lult- MmAILD AArA OF CULLILII C04-111, ILOLIUA RT �_•tLAI)1 \C 111E :RTC AIL-" T'. \P M. -ZER 18 -26 LT CILAM.IXC 1hE 201•IT:C LL- i4SIF:C.&TI -N Uf 111E ItL}LIS lifSCRIIIfI) RLAL PF.OPIRTY FM1Y -A -2" IU r'.XLD UNIT UL \•Ll4PY.L\T FOR ��All 2 LiCA1F' SUUIIt Of LILAIL CLELA A.NU PKOVIUI�C A% ITFIC71l 1 UAIL, UILLII -%S, L'SiII - a R. Clues, pet ltt,.ued the Eoard of Coust7 CO l saioocrs to chance the Zu IaL Cl—tillcatloo of the bcrelo J<.CCIbcJ t<al prUfctLj; NOW. 2llrYLfURE 6L IT ORDAINED bf the 2-414 of COVOtT C—Iss I — %a of CQl l fet CO rtT, Florida: SICTIO'S O•:L: 11,4 Z.,oioc Clu►Vocation of the b<ICIo Jeactiled rctl plop-city lrcated to Secti" 20, luveablp t8 S. Raoee 26L, CJlllec Couol J, I IuFi4• Ia ctuoecd ftw 'A-Z' to 'Pt 'D- rlaos:cJ Volt Detelopa,cot in a.cordaoc< rLtb ;1>4 PCD dxr4tal Att:,heJ betcto e• fabiblt "A' rt.leb Is lucorperate4 herein and bT refctenc -e "de part hereof. Tlae Official Zoolat Atlaa Pip NWOcr, !cua:, <r 46 -26-1, as described Is OrJttuoc< 62 -1, to bctcby —n4ed aCcotdl. &Ij. � r •a w• w 's Q m m ti a • e'J]t 01 r n 22 T �- __ ;c Eoo5 Address of Subject Pi opertF•: ,if difi..=tn-t from R:,=oner s address) Current Zoning and '-and use of Subject Parcel: _adjacent Zoning & I and Use- ZONING S t� , + -E }� LARD L �F kkesI, cc4fd,I ID RPS t d fin ► 4 Minimum Yard Req iirements for Subject Pronern•: :cnt: v`y QOM �Jr Side: C9 ('041 011.6 RLar: o*2s Cm M OLA :kpplieation for `'arianc : Petition - 8%98 Corn.-:- Lc.t: Yes , No _ Waterfront Lc,,: Yes :— NO AGENDA ITEM NatZ�_ JUN 2 2 19099 99 10: _9 9416,16969 TY DES' Nature of Petition ZI)n6 Provide a detailed exp anation of the request including what structures are existing and what is proposed. the amount of encroachment proposed using numbers, i.e. reduce front setback from Z5' to 18'; when pro•)erry owner purchased property; when existing principal structure was built ( include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. ;r► \�n < e�� i5 a r3 e ca3 b ro sk ez t � W fo �r�����e�m 2xi�ln -I-h� S �--bac� �'6autirern�n�' �ascd 8� G�sta�1ti51�cc� f�, U rwkJ*6 S i-a�eS 75" 4: --O rn c o rd c Coll 4,c Q6UVI `1--v- ally c)r a pr-C S;-04) 4v > S 1' a rI 4 O c- o ;) aS cF4 ,�b CJJ �6 + a y i l ht yi 95' i:�-Cnh- CW r Ond a�- tk e ra --sk Ob /s • . 9 9 A - • AGENDA Appbcatioa for Vananc! Petition - 8198 :(1:31) FAX 9416436,6S OLLIER rr� rn�f)IL'�IT1' DE', � -- -- _ .�; tiff' ?!case note that staff and the Collicr County Planning Commission shall be guided in their recantmendation to the Board of zoning Appeals, at d that the Board of zoning appeals shall be cu:ded in its determination to approve or ceny a variance petition by the below listed criteria (1.9). (Please address this criteria using additional pages if necessary.) Arc there special condii ions and ctrcucutances existing which are peculiar to the locatiom size and characterisnes of the laj id, structure. or buaidine involved. �fes, Q ELI) VJ)1a((e &O1 L) arc r�� < exaan 0� q��. ,' ri alp ar e✓► ,�r� s hod - n I Curd' ba( OrC n egged �& +herd our dtomlan 4 , Tl)e Dc-� Shoff ( l� I e bV I I vi e nc,rn a c; r1 e, r, Js -�o 6 2 --o be +h e be6r ('or- 1+,5' 5fie. :he-: sp•eciz; cerca ions -.d cu _- *rstanccs which do ;,et result -om the action of the anplic= such as pre - exist -mg c; ^di;:o Is 'eiatve w :he prep::,, Bich .s ae sui jec: of the v=ance - equest Na_ _ . Will a literal interprets Lion of the provisions of this zoning cede work uanecessary and undue hardship on the applicant er create practical difficulties ou the applicant. Ye-,;, 6,j4 14_ i+ I's t�,e 9�f x 1 r) jer0 rt �• fan of e Quai Ul I1��, ��, U. l�,�,� ntL not + r, Zan1n K re aSv -ino to Oft, rrvl ee y. W ill the variance, iF r anted, be the minimwn variance that will make possible the reasonable use of the land, building or : nucture and which promote standards of health, safety or welfare. ot }o Var ance would P's t �)_PA M ►n I ;-"Um 7E a+ WIN nd i AP �)-e 5a Cc i0 0C ��%e 22 1999 Pg•- 2y ' - -1:.•- •�:.•.. P..� VorConnc pohiHnn _ R /OR Pa 02 11 =99 11:10 F .'1 9416416965 _ Ct?LLIE3 r';� c'f1!hII�IT',' PEA' Ong will granting the vanai cc requested conirr on the pentioner nay special privilege that is denied by these zoning regulanoz s to other lands, buildings, or structures in the same zorung dissict. o. will granting the vara ace be in harmony with •W. intent and purpose of this zoning cede. and not be inlurous tc the aeighb:rhocd. or other -.;ze de= =entai to the public xeL °ire. -41t Are :here zaturai conc itions or phvsicaJv induced cctdinoris that =.-i crate :hc goals +zC objectives of the rczi stion such as =Lrami preserves, rakes. golf course. etc YeS �XlSi-►►'1�; we'll w�,C�k bo tr-S -Do I arCA - 't -ar► -� Va l ec,�aood 1�c- ► "v C hero is 1d a I-<,.-, b o P Ce r f m A ,,�- s Oro 6-hap , 010nd aj ,• ►e corn +► rn p i e waJI ,&2J fur- � ti- lay► d s OaP I;I j 8. Will granting the vari ince be consistent with the growth management plan. JUN 2 2 1999 _ Application for N'arianc s Petition - 8/98 p3 PORMON OF Cr -' O.R. BOOK 115a, PAGES 610-613 b 4? A,* JJ AGENDA ITti, No.—Zz'� JUN 2 2 1999 pg- ADDITION AND RENOVATION FOR: QUAIL VII,T,AGE GOLF CLUB NAPLES, FLORIDA OWWELDEVELOPER: QUAIL VILLAGE FOUNDATION "" TM CVAI V L►oc WAY — � °ter Carllab we r. rr WCIW W AV v lav ! HoM A Aaoablw tr � r..r •w 40" �.. rw w. N&_Z" JUN 2 2 1999 Alp i *4'ln ft 2 F-0 K Nm_ /a JUN 2 2 1999 Pg. o2J� A -3,3 AGENDA ITEM N&_Z_Z,�� JUN 22 TOM PQ. i am�40 •� -MN �NY�Y�Y !w�aTT�wt^ !°PQO- 6t-+OI° �L�yATICIV m v� W aW = I i csr sow— A -3.-41 "r . AGENDA ITEM NM - JUN 2 2 1999 Pg._-,' /",_ Cs Nm-zzl�- JUN 2 2 1.'Ofi',9 Pa.--,2j' O 1 LLJ o ul Nm-zzl�- JUN 2 2 1.'Ofi',9 Pa.--,2j' I Ii A� r ■ AGENDA ITEM JUN 2 2 1999 11 11 b fi \I ���� �' •i )Cf�l �seaa .ape aaa� I ' �I•I / r I - -.I Gill) II �+ � \I i j I - -_ I I j t I Ii A� r ■ AGENDA ITEM JUN 2 2 1999 Z m M ry m° m~ U r- 0 � J Q � a Z m M ry m° m~ U r- 91 11X8 TS 4 P4 4cmi VO r**44= I ML Vo a JUN 22 1299 pg. lu z z V z ID V Ll IX4., 7-4 AGENDA JITtE)MA a JUN 22 1299 pg. tiJ � Z N c NW � 6 r - d sr� WOO l.J 5 i O W d� D J O �-►' o a ua O � O J uj O. 1 4 rl Ud �yJ d C7 d 0 . O N � r d 031N�d �' � r J �c O ! � CD ern 3 N J % 03 %0; 0 =w cs3 � L) o� a ul 0 V) G1 co Z � U a N 3 � CU - co U c'► � off,,,. �c"h' �► AGENDA ITEM W No 4 W JUN 2 2 1999 a RESOLUTION NO. 99- RELATING TO PETITION NUMBER V -99 -5, FOR A VARIANCE 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 variances; 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 a 50 -foot variance from the required 75 foot front setback to 25 feet as shown on the attached plot plan, Exhibit "A ", in a PUD Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision w„ and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V -99 -5 filed by Gary Kraft, representing Quail Creek Village Foundation, Inc., with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 50 -foot variance from the required 75 feet to 25 feet as shown on the attached plot plan, Exhibit "A ", of the PUD Zoning District wherein said property is located, subject to the following conditions: This variance is for the encroachment depicted in Exhibit "A ". Other encroachments shall require separate variances. BE IT RESOLVED that this Resolution relating to Petition Number V -99 -5 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. AGENDA ITEM No. /Z'�F7 JUN 2 2 ''' ^9 Pg. Done this day of , 1999. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney g/sdrrurvsue/V•99 -5 RESOLUTION PAMELA S. MAC'KIE, Chairwoman JUN 2 2 .'99