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Agenda 01/26/1999 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, January 26, 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. 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 CHAIRMAN. 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 - Father Tim Nayin, St. Peter the Apostle Catholic 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 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the month of February as Beach and Water Safety Month. To be accepted by Ranger Janet Sellars, Collier County Parks and Recreation Dept. 1 January. 26, 1999 2) Proclamation proclaiming the month of January as Volunteer Blood Donor Month. To be accepted by Vicki A. Gaeta R.N., Sr. Donor Recruiter, Community Blood Center B. SERVICE AWARDS 1) James Scarbrough, Road and Bridge - 15 years 2) John Miles, HI, Wastewater - 10 years 3) Richard Lockerby, Water Distribution - 10 years 4) Steve Peffers, Parks and Recreation - 10 years 5) Robert Reeder, Water - 10 years 6) Phil "Greg" Thacl~er, Wastewater - 5 years C. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Joe Bl~ek, Jr. Representing Messiah Lutheran Church requesting a variance to upgrade/rei~!ace sign. 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Budget Amendment to fund the rclocation of the Housing and Urban Improvement Department, installation of dehumidi~cation equipment, balancing the A/C system, and interior building renovations at the Development Services Center. B. PUBLIC WORKS 1) Further information regarding state~vide efforts to acquire Avatar Holdings, Inc. Utility Systems. C. PUBLIC SERVICES 1) Approve an agreement for sale and purchase of 175+/- acres of land and authorize the sale of a long term revenue bond for a proposed north Naples regional park. 2) Review the counter offer regarding the historic Roberts Ranch property in Immokalee. D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR 1) 1999 Calendar of Key Activities. 2 January 26, 1999 F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT A. Recommendation for the Board to consider settlement l~roposal in the case of Laverne Blanford vs. Collier County, Case No. 97-209-CIV-FTM-26D, in the United States District Court in tl/e Middle District of Florida. 10. BOARD OF COUNTY COMMISSIONERS A. Apl}ointment of members to the Golden Gate Community Center Advisory Committee. B. Recommendation to declare a vacancy on the Hispanic Affairs Advisory Board. C. Appointment of members to the Historical/Archaeological Preservation Board. D. Discussion regarding Interim Government Sen'ices Fees. (Commissioner Carter) E. Discussion regarding Board expcndltures for community/civic invitations (Commissioner Constantine). F. Motion to reconsider Agenda Item 10(I) of the January 12, 1999 Board meeting pertaining to the status of the PGA audit/mediation endorsement. 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 B. ZONING AMENDMENTS 1) Petition PUD-98-9, Mark W. Minor of Q. Grady Minor & Associates, representing Glen Eden on the Bay Limited Partnershill, requesting a rezone from "A' rural agriculture to "PUD" Planned Unit Development to be known as Glen Eden on the Bay for a maximum of 94 single family dwelling units, for property located on the west side of Vanderbilt Drive (C.R. 901) approximately ~ mile north of Wiggins Pass Road (C.R. 888), in Section 8, Township 48 South, Range 25 East, Collier County, Florida, consisting of 40.93+ acres. C. OTHER 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition CU-98-22 Emilio J. Robau, P.E. of RWA, Inc. representing Hideout Golf Club LTD., requesting conditional use "17" of the agricultural "A" zoning 3 January 26, 1999 district per Section 2.2.2.3. of the Land Development Code for a private golf course, club house and driving range facility for property located on Brantley Boulevard, east of the Golden Gate Canal, in Sections 24 and 25, Township 49 South, Range 26 East, Collier County, Florida consisting of 180 +/- acres. 2) Petition V-98-23, Richard Yovanovich, Esq. representing Gus Sciaqua, requesting a 15 foot variance from the required 15 foot side yard to 0 feet on the south and north prol~erty lines for office and retail buildings to be located at 3078 Tamiami Trail North. 3) Petition V-98-21, James W. Viergutz representing Wedgemont Condominium, requesting a 25 foot variance from the required 35 foot front yard to 10 feet along Palm View Drive for carports for a condominium complex located on Palm Vieiv Drive al}proximately one half mile north of Immokalee Road in Palm River area. 4) Petition CU-98-24 Mark W. Minor, P.E. of Q. Grady Minor & Associates, P.A., representing Robert Duncan for the Task Force for the Homeless, requesting conditional use "9" of the "C4" zoning district per Section 2.2.15.3. to add twenty (20) beds to an existing homeless shelter for property located at 2001 Airport Road South (C.R. 31), further described as Lot 1, Block K, The Glades, Unit Two, in Section 12, Township 50 South, Range 25 East, Collier County, Florida consisting of 2.3 +/- acres. 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) xvill be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) To apl~rove a budget amendment that authorizes the Office of Management and Budget to establish a project budget account for the 1998 Economic Development - Community Development Block Grant (CDBG) Project White Lake Industrial Park. 2) Request to approve recording the final plat of Cotton Greens and approval of the performance security. 3) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Northshore Lake Villas Replat" 4) Recommendation to al~prove commercial Excavation Permit No. 59.673, "Roberts Homesite and Commercial Excavation" located in Section 29, Toxvnship 47 South, Range 28 East; bounded on the north, east, and south by vacant !and zoned estates and on the west by a canal and vacant land zoned agricultural. 4 January 26, 1999 5) Recommendation to allprove Excavation Permit No. 59.678 Tim Maloney II Commercial Excavation located in Section 28, Township 48 South, Range 28 East; bounded on the noah by 72na Avenue N.E. R/W, on the west by 40tl' Street N.E. R/W and on the south and east by vacant tract. 6) Request to approve the final plat of "Forrest Glen of Nal~ies" 7) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Dekl~er Estates" 8) Recommendation to ap!~rove commercial excavation permit No. 59.672, "Lilac Excavation" located in Section 24, Township 47 South, Range 27 East; bounded on the north and west by occupied agricultural land, on the south and east by vacant land zoned agricultural. 9) Authorize staff to reject !~roposals received for RFP 98-2871 - Software for optical Imaging and re-bid at a later date. 10) Budget Amendment to fund relocation of Utility and Franchise Regulation. (Companion to 8(A)l.) B. PUBLIC WORKS 1) Request the Board declare a public safety emergency to authorize the installation of additional traffic control devices for the intersection of Industrial Boulevard (County Maintained) and Mercantile Avenue (Non-County Maintained). 2) Approve a Budget Amendment for road~vay and drainage repairs to Lynnmore Lane in Pelican Bay. 3) A!~prove Work Order #WMBP-FT-98-4 with Wilson, Miller, Barton & Peek, Inc. to provide data collection and initial permitting work for proposed improvements to the Sabal Palm Roadway Extension. 4) Apl~rove a Cooperative Agreement with the South Florida Water Management District for a replacement bridge at Broken Back Road over the Cocohatchee Canal. 5) Approve Amendment No. 1 to the Professional Services Agreement with Wilson, Miller, Barton, Peek, Inc. for the Gordon River Extension Basin Study Project # 31005. 6) Authorize the Public Works Engineering Department (PWED) Director to Apl~rove a Work Order with Wilson, Miller, Barton, Peek, Inc. to obtain aerial mapping of Haldcman and Rock Creek Basins Utilizing the Fixed Term annual contract. Project # 31010, Work Order # WM-FT-99-1. 7) Approval of Budget Amendment to re-appropriate funds for the completion of Water Department projects currently in progress. 8) Rejection of Bid #98-2832 for Dcgasifier/Media and Header replacement. 9) Rejection of Bid #98-2815 for Domestic Water Meters. 5 January 26, 1999 10) Addition to Bid #98-2882 for construction of the 6th Street Sidewalk as part of the Annual Pathway Project. 11) Approve a Land Purchase Agreement with Pelican Ridge of Naples Association, Inc. pursuant to Eminent Domain Case No. 95-5071-CA-01-TB for the recently constructed Vanderbilt Beach Road Four Laning Improvements (Hammock Oak Drive to Airport-Pulling Road). 12) Approve Amendment No. 4 to the Professional Services Agreement with Humiston & Moore Engineers for work associated with the Big Marco and Capri Pass Inlet Management Plan. 13) This item has been deleted. 14) A~vard a Contract to Gulfcoast Commercial Electric Inc., to construct Master Pumping Stations Motor Control Renovations, Bid 98-2893, Project 73044. 15) Allprove Amendment No. 2 to the Professional Services Agreement with Humiston & Moore Engineers for the Marco Island Segmented Breakwater Project. 16) CONTINUED FROM SEPTEMBER 15, 1998 - To al~prove the transfer of I~roperty h'om Collier County to the State of Florida to satisfy the requirements of Permit #11-00368-S. 17) Recommendation th:tt the Board of County Commissioners award Bid #98-2901 for the Clam Bay Tidal Creek and Main Channel Dredging to Energy Resources, Inc. and Ludlum Construction Co., Inc. and api~rove Chainroman to execute the Contract Documents upon Attorney review. 18) Adopt a Resolution authorizing the acquisition by gift, purchase or condemnation of fee simple title interests and/or perpetual, nonexclusive, road right-of-way, sidewalk, utility, drainage, maintenance and temporary construction interests by easement for the construction of the four-laning improvements for Immokalee Road (C.R. 846) project between 1-75 and C.R. 951 CIE No. 08. 19) Adopt a Resolution authorizing the closing of the purchase of Rookery Bay Services, Inc. Utility Company. C. PUBLIC SERVICES 1) This item has been omitted. 2) Approve the master agreement relating to Services for Seniors Grant Programs and authorize the Chairman to sign the master agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. Approve the Older Americans Act Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of Commissioners and the Area Agency for Southwest Florida. 6 January. 26, 1999 4) Apl~rove an agreement between Collier County and the Gulfcoast Skimmers Water Ski Show, Inc. for the comifietion of the grandstand facility construction. 5) Award a concession agreement for the Golden Gate pool. D. SUPPORT SERVICES 1) A!~proval to Award Bid #98-2887 to Shamrock Plumbing Inc. for On-Call Plumbing Equipment Repair and M.'fintenance. 2) This item has been deleted. 3) Approval to Purchase Three (3) Full-Size, 2 Door, 4-Wheel Drive Utility Vehicles from the State of Florida Automobiles and Light Trucks Contract. 4) Award Contract #95-2338 to Law Engineering and Environmental Services Inc. for the Replacement of Integral Piping on Underground Fuel Storage Tanks. 5) Al>provai and Execution for Satisfactions of Claim of Liens for Water and/or Sewer System Imp-'lct Fees. 6) Recommend4tion to Aw-'trd Bid #98-2898 for the Advertising of Delinquent Real Estate and Personal Property Taxes. 7) Recommendation that the Board of County Commissioners Approve and Execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Imp-'tct Fees. 8) Approval of an Agreement between the State of Florida Dei~artmen/of Community Affairs and Collier County to Accept State and Local Assistance Funding for Emergency M'.m.'~gcmcnt Activities. E. COUNTY ADMINISTRATOR 1) Ai~proval of a Disaster Relief Funding Agreement with the State of Florida, Department of Community Affairs. 2) Approval of Budget Amendments 99-106, 99-108, 99-112 3) Approval of a Contract Amendment with Henderson, Young & Co. F, BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. H. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve the purchase of specialized communications equipment from confiscated trust funds in order to participate in a Florida Sheriffs' Task Force. 7 January26,1999 2) This item has been deleted. 3) Recommendation that tile Board of County Commissioners recognize a contractual obligation between fiscal years and approve carry forward funding. 4) Request that the BCC authorize expenditure of budgeted 301 funds and 199 fund resen'e for the purchase of a Printrak International Computer Aided Dispatch (CAD) System for the Sheriff's Office. L COUNTY ATTORNEY 1) Recommendation that the Board fortyard Notice to Proceed to the Tax Collector for tax deed al~lfiications on the 1996 county tax certificates. 2) Recommendation to allprove a legal sen'ices agreement with Fixel & Maguire as legal counsel to represent county relating to county's IIroperty acquisition interests, including eminent domain proceedings, for the North Naples Ro-'ldway MSTU (AKA Livingston Road; Project No. 65041). 3) Recommendation for the Board of County Commissioners to pay the legal fees and costs of former Isles of Capri Fire Control District Advisory Committee members pursu;Int to Collier County Resolution No. 95-632. 4) Request by tile Collier County lndustrlal Development Authority for allprovai of a resolution authorizing tile Authority to issue revenue bonds to be used to finance he;dth c.'n'e f:lcilities for NCH Healtthcare System and educational facilities for The Community School of Naples. J. 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. Petition PUD-98-12, Mr. Kevin McVicker, of Phoenix Planning & Engineering, representing Ann Dee Development, Inc., requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Fountain Park PUD for property located on the west side of Airport-Pulling Road (C.IL 31), and al~proximately 350 feet south of Vanderbiit Beach Road in Section 2, Townshill 49 South, Range 25 East, Collier County, Florida, consisting of 10.14 acres. B. Petition V-98-22, Walter Chevillet representing Anchorage Condomlnium, requesting a 10 foot variance from the required 15 foot side yard to 5 feet on the south property line for carports for a condominium complex located on Vanderbiit Drive approximately one half mile south of Wiggins Pass Road. C. Petition V-98-20, Roger Hill, representing Lowell and Claudia Newton, requesting a 10.3 foot variance to the required 15 foot rear yard setback to 4.7 feet for property located at 8 January 26, 1999 520 Bald Eagle Drive, further described as Block B, Lot 18, Naples Bath and Tennis Club #B, in Section 14, Township 49 South, Range 25 East, Collier County, Florida. D. Petition PUD-89-23 (1), Mr. Robert L. Duane. AICP, of Hole, Montes & Associates, Inc., representing the Jim Colosimo, Trustee, requesting to rezone the property previously approved as a "PUD" namely the Lawmetka Plaza PUD to a new PUD having the effect of adding to the list of permitted uses and relocating the wetland preserve for property located on the northwest corner of Wiggins Pass Road and US-41, in Section 16, Township 48 South, Range 25 East, Collier County, Florida, consisting of 33.6 acres. E. Petition R-98-7, William L. Hoover, AICP, of Hoover Planning, rel~rcscnfing Marpet Investment, Inc., requesting a fezone h'om RSF-3 to C-4 for i~roperty located on the east side of S.R. 951 api}roximatcly 700 feet south of U.S. 41 in Section 3, Township 51 South, Range 26 East, Collier County, Florida consisting of 1.43 +/- acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 9 Janua~'26,1999 PROCLAt~A TZON ~VHEREAS, the beautiful coastal waters of Collier County represent o world renowned recreational resource,' and, PVMEREAS, Co///er County residents and v/sHors a//ke are drown to these beaches by the m/i/ions each year for beach and water octiv/ties,' and, PVMFREAS, the aquatic environment has dan~oers that con be efYecffve/y managed ~h~ough public awareness,' on~ ~MFRFA5, fo~ ~eosons of pub/ic safer, o reminded of the joys and hazards associated wHh ~he aquoffc enrichment o?e appropriate du?/n9 ~his bu~ beach season,' WHFRFA~, to learn to swim, never swim during thunder- and do the WHEREAS, to enjoy themselves NOW f bONE ANI) COLLZER COUNTY, FL ORZDA ...... PAMELA 5. MACKItE, CHA]~RWOMAN ATTEST.' BROCK, CLERK JAN 2 Pg PRO~'LA~A TION WHEREAS, more than 4 m/H/on patients have been 9/yen a 'second chance" because of the caring generasHy of blood donors,' and, WHEREAS, every three seconds, someone needs blood, and every day approximately 40,000 units of blood ore used throughout the not/on,' and, WHEREAS, medical research has achieved remarkable progress to help ensure that oH Floridions have access to a safe and adequate blood supply,' and, WHEREAS, the need for additional healthy blood donors to join the ranks of those who a/ready 9ire is greater than ever before, and the nat/on~ supply needs constant replenishment,' and WHEREAS, an estimated 8 1 ' blood in the United States each year,' and WHEREAS, each for some the an emergency WHEREAS, rtween life and NOW of in , blood.;. the gift of life. DONE AND ORDERED THIS Z5 th Day of January 1999. BOARD OF COUNTY COIkfA41rSSIONEl~5 COL~ZER COUNTY, FLORIDA PAMELA 5. MACKIE, CHAIRWOMAN D WZdHT E B~>OCK, CLERK No. ~ JAN 2 6 1999 Pg. / C01J]ER COUNTY ADMINISTRATOR'S OFFICE 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 January 15, 1999 (941) 774-8383 FAX (941) 774-4010 A CERTIFIED BLUE CHIP COM2MUNITY Joe Blazek, Jr. Messiah Lutheran Church 5800 Golden Gate Parkway Naples, Florida 34116 Re: Request for Public Petition - Variance to Upgrade/Replace Sign Dear Mr. Blazek: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 26, 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, RFF/bp cc: County Attorney /~Eh!DA T Community Development Division ;~,_ ~ · "'~"- i~1" pcJ._ 5800 GOLDEN GATE PARK'A'AY, NAF .Ei ;. F:..2~: ::., _',.,. , ~ .:, .... : ,' County Admfnis~razor Robert Fernandez 3301 E. Tamiami Trail Naples, FL. 33962-4977 January 15, 1999 Dear Mr, Fernandez: At. ~his time, ! ,~cu!d !<'.Be co req!:~-:t a public pc.riO!o:': varience ~ upgrade and replace our message Sl&n for Ness-~.. Church at 5800 Golden Ga~e Pky, Thank you for your help in this matter, Sincerely, Joe B .'- "'~ ..... ah Lutheran Chu:ch' ' "' ..... Church P~operties .:, EXECUTIVE SUMMARY BUDGET AMENDMENT TO FUND THE RELOCATION OF THE HOUSING AND URBAN IMPROVEMENT DEPARTMENT, INSTALLATION OF DEHUMIDIFICATION EQUIPMENT, BALANCING THE A/C SYSTEM, AND INTERIOR BUILDING RENOVATIONS AT THE DEVELOPMENT SERVICES CENTER OBJECTIVE: To utilize Fund 113 Reserves for Contingencies to fund operational and capital costs associated with the relocation of the Housing and Urban Improvement Department (HUI), installation of dehumidification equipment, balancing of the A/C equipment, and interior renovation of the Development Services Center. CONSIDERATION: On December 15, 1998 the Board of County Commissioners approved the lease agreement for office space to house HUI, which is scheduled to relocate mid-January. The move is a pan of the overall renovation to the Development Services Center. This move was necessitated due to the expansion of staff in the Development Services Center who are part of the one-stop permitting process. The breakdown of costs is: Other Contractual Services IT - Underground Cable (Gulfcoast Telephone) $15,012.00 IT - Networking Equipment (Cabletron) 8,187.00 Minor Office Equipment APC UPS 647.00 Minor Office Furniture Office Pavilion 9,500,00 $33,346.00 Additionally, the Facilities Management staff has responded to several complaints in the past years from management staff who have reported that employees have experienced extreme high and low temperatures in various offices. Thus part of this Budget Amendment includes the installation of new dehumidification equipment and balancing the air conditioning system. Other Contractual Services Professional Building Systems $139,153.00 Balancing the A/C system 8.250.00 $147,403.00 The movement of various staff members has resulted in the need for additional renovation plans both by a professional architect and our office space planning consultants, Office Pavilion. Other Contractual Services Brooks R. Swanson Architect $ 91,000.00 Electrical & data line support for Office Pavilion 4,000.00 Permitting Fees 5,000.00 ~., Contingency 16,000.00 Minor Office Equipment Office Pavilion 90,500.00 $20-~ ~,~ ,,,~ JAN 2 6 1999 Finally, this request purports to fund from 113 Reserves those operating and capital expenditures related to the relocation of the Housing and Urban Improvement office, the installation of a dehumidi~cation system and the balancing of the A/C system, and the costs associated with the additional renovation plans for the Development Services Center which total $387,249.00. FISCAL IMPACT: Approval of this budget amendment will result in a decrease $387,249.00 from Fund 113 Reserves for Contingency. RECOMMENDATION: Staff recommends approval of the budget amendment. SUBMITTED BY: ~g~2-Z- ~ Date: /-/5-~C~ Constance A. John(on Administrative Assistant JAN ,?, 6 1999 ! COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF FACILITIES MANAGEMENT ' DATE: December 17, 1998 TO: Vincent Cautero, Administrator Community Development and Environmental Services FROM: Jack Crognale, Construction Manager Department of Facilities Management E m m and Renovations RE: Budget for Dehumidi~cation q 'p at Horse~oe Drive The following is the proposed budget for installing dehumidi~cation equipment, balancing the A/C system and doing the interior renovations at 2800 N. Horseshoe Drive as shown on pIans by Brooks Swanson, Architect. Budget for Development Services A/C &Interior Renovations Install Dehumidification Equipment Complete $139, 153 Proposals received: Professional Building Systems $139,153.00 Vanderbilt Bay Const. Inc. 164,200.00 Win. J. Varian Const. Co: 172,500.00 Balance A/C system ~ 8,250 Renovations per plans. by Brooks R. Swanson Architect 101,000 (estimate by Surety Const.) Modular Furniture (Office Pavilion) 100,000: Electrical &Data line support for Office Pavilion 4,000 Permitting fees 5,000. Contingency : .16,0.00. .' : TOTAL $ 373,403 This proposed budget includes some work performed on weekends and aRer normal working hours so as to keep the disruption of your operations to a minimum. .. cc. Skip Camp, Director Department of Facilities management JAN 2 6 ~999 COLLIER COUNTY COMlvlUNITY DBVBLOP1VIBNT Estimated budget for recon~guration of systems furniture 16 December 1998 I.T. Department: partial new systems furniture, 2 new task chairs, and installation costs $14,800.00 Code Compliance Dept.: 15 new systems worksurfaces, new furniture in one office, and installation costs: 12,600.00 Planning Dept.: (2 areas: Comp. Planning & adjacent Admin.) 4 new storage cabinets, 4 new lateral files, and installation costs ($2,100. already complete) 6,500.00 Building Review Dept.: installation costs 840.00 (already complete) Dept. of Revenue: partial new Systems furniture (no new files or chairs), and installation costs: 45,100.00 Housing relocafion: new systems furniture, re-use of freestanding existing furniture at Collier Business Plaza, ~ind installation costs 9,500.00 Design fees including space planning beyond hours already billed, Architect's fees 11,000.00 '."".':-:- -~;bovc: estimates include a factor of approximately half over-time installation hours, and assumes a continuous installation process, as furniture product from one department may be used in another area.. Should the project be phased, additional costs for materials and/or labor may be incurred~ ,~ffice Pavilion "errram Miller Dealer .,,~0 Royal Palm Squar~ Blvd. " NOAGEN~hE~/ ' Suit~ 310 R. Myers, Florida JAN 2 6 : 999 941 278 · ~.S8S (FAX) 941 2?8 · 1627 4 I~g'~ , J COH,IF, R COUNTY GOVERNMENT DEPARTMENT OF FACnJTIES MANAGEMENT 3301 E. TAMIAMI TRAIL DIVISION OF SUPPORT SERVICES NAPES, FL 34112 (94 1) 774-8380 FAX (941) 793-3795 A CERTI/IED BLUR CHIP COMMUNFF~ DATE: November 16, 1998 TO: Vanderbilt Bay Construction, Inc. Surety Construction Co. Win. J. Varian Construction Professional Building Systems, Inc. FROM:Jack Crognale, Construction Manager Facilities Management REF: Bid Results For CTSI Installation, Horseshoe Drive. Thank you for participating in the bidding process for the Purchase and Installation of five CTSI units for Horseshoe drive. The bid results are as follows: 1. Professional Building Systems $139,153.00 2. Vanderbilt Bay Const. $164,200.00 3. Wm. J. Varian Const. Co. $172,500.00 4. Surety Const. Co.' No Bid JAN 2 6 1999 Executive Summary Further Information Reqardin.q Statewide Efforts to Acquire Avatar Holdinqs, Inc. Utility Systems Objective: To update the Board of County Commissioners (BCC) regarding an interlocal agreement entered into by the Sarasota, Hillsborough, Lee, Polk, Osceola and Brevard counties concerning all water and wastewater utility systems owned or controlled by Avatar Holdings, Inc., or its subsidiaries ("Avatar"), within the state of Florida. Considerations: On August 4, 1998, the BCC was briefed on the development of an Interlocal Agreement allowing for an investigation of the feasibility of creating a multiple-jurisdiction governmental authority to acquire and hold all of the water and wastewater utility systems owned by Avatar in the state of Florida. Avatar's utility systems are located within Brevard, Polk, Osceola, Hillsborough, Sarasota, Lee, and Collier Counties. In August the County Commission declined to enter into an Interlocal Agreement with the other counties or to direct Collier County staff to participate in the investigation of such .-.. an undertaking. However, the Commission did encourage the other counties and the feasibility working group.to share additional information with the county in the future. Notice of all progress meetings involved in this matter have been provided to the County. The Interlocal Agreement entered into by Lee, Sarasota, Hillsborough, Osceola, Polk, and Brevard Counties created an interlocal advisory group and a negotiating team to continue discussions with Avatar. These discussions have resulted in a Summary of Acquisition Terms acceptable to Avatar and approved by the designated interlocal advisory working group. During discussions with Avatar the interlocal working group has been made aware of another offer from an investor-owned utility organization; which the working group represents would require the investor-owner to seek a substantial rate increase in order to recover its investment. On the other hand, the Summary of Acquisition Terms worked out by the interlocal advisory group pursuant to the Interlocal Agreement was done within the constraint that the acquisition by a public entity must not result in an increase in rates to rate payers as a result of the acquisition. The advisory group has provided copies of preliminary due diligence, debt service calculations, and cash flows to substantiate this principle of acquisition. Such preliminary due diligence also* addresses operations, maintenance, administration and management of the individual utility systems within the ~ ~ ;'~ ~,i ~' current rates. The tentative structure of the acquisition would require that each operating division/utility system be purchased and treated separately. The purchase price for the Golden Gate utility system, subject to prorations and adjustments, would be $27,126,000. This amount is substantially less than anticipated by the County Commission in its August 4th discussions or the $48,000,000 apparently discussed by the Golden Gate Civic Association in 1994195. At this juncture the participating counties in the preliminary Interlocal Agreement are developing interlocal, acquisition, management and other agreements necessary to move forward with the transaction. A central aspect of the final interlocal agreement will allow each county the opportunity either at closing or any time thereafter the option to acquire any former Avatar system within that county and incorporate such system into a system owned by county government. All debt issued by the acquiring governmental authority will be independent of each county. however, any county wishing to participate at this juncture must immediately indicate whether or not it chooses to preserve the option to later acquire the utility system located within its boundaries and/or preserve an option to "assume" the indebtedness issued to acquire the utility system located in its midst. ._.. Representatives of the acquisition working group have indicated that this "willingness to participate" need take only the form of a non-binding letter indicating that the BCC would like to preserve its option to acquire Avatar's Golden Gate system in the future at the price as fixed today. As a condition to agreement on the Summary of Acquisition Terms Avatar has required the local government group to create the acquiring entity, structure the transaction and appropriate financing, and close by March 31, 1999. Fiscal Impact: None to Collier County at this time. The Summary of Acquisition Terms agreed to by Avatar and the interlocal working group is within the acquisition principles upon which the transaction has been negotiated. This requires that all costs of acquisition and the budgeted costs for operation, maintenance, management and administration upon acquisition must be done within the current rate structure for each of the respective utility systems. Growth Management: The effect of the overall transactiontion is that the water and wastewater utility facilities located in the Golden Gate utility system service area will be transferred into governmental ownership, Such ownership can be made subject to the option of Collier County at any time in the future to acquire and incorporate such facility into its regional water/sewer system. In ..-.. any event, ownership, operation and management by the interlocal governmental authority will coordinate with local government with regard to comprehensive planning, infrastructure, and service delivery resp. onsibilities. Information obtained by the interlocal advisory working group from public records indicates that in the area served by the Golden Gate utility system there are over 500 unimproved residential parcels that do not have water and sewer service available. As well, over 2,500 improved residential parcels in the same area do not have water and sewer service available. The public ownership of the water and wastewater utility facilities at Golden Gate is expected to advance and coordinate both shod and long term planning with Collier County to better facilitate service and development of water and sewer infrastructure in this area. Recommendation: This informational update has been prepared from information provided by the interlocal working group as a result of the County Commission's suggestion that the working group share information with the County when and if the statewide acquisition began to materialize. No action is required by the County Commission. However, if the County commission desires to preserve its option, but not the obligation, to later acquire the Golden Gate utility system, the BCC should direct and authorize the County Manager and County Attorney to notify the interlocal working group that although it does not wish to join in the interlocal agreement, Collier County does wish to preserve the option, but not the obligation, to later acquire the Golden Gate utility system. Prepared by: Michael A. McNees From information provided by the working group. EXECUTIVE SUMMARY APPROVE AN AGREEMENT FOR SALE AND PURCHASE OF 175+/- ACRES OF LAND AND AUTHORIZE THE SALE OF A LONG TERM REVENUE BOND FOR A PROPOSED NORTH NAPLES REGIONAL PARK OBJECTIVE: To provide a regional park facility, to meet the active and passive recreational needs of the County. CONSIDERATION: For several years the staff of the Parks and Recreation Department has been loo'king for a suitable site in the North Naples area to construct a regional park. This effort has been in keeping with Board policy to redirect the priorities of future park development from smaller 35-40 acre community park to the larger, mulf-purpose and lower maintenance cost regional park. This park project has been part of the County's approved five year capital plan since June 24, 1997, and is included in this year's approved capital budget. The park would include both active recreation in the form of soccer and softball fields in quantities that could support regular league play and in-County tournaments as well. The plan also calls for roughly half of the site to be used for passive recreational opportunities such as picnic'king, trails, and playgrounds. By combining both uses on one site, the site can ~exibly meet a variety of recreadonal activities at a single location. A site south of Immokalee Road and east of future Livingston Road has been found that would appear to meet all of the criteria for this park including location, access, percentage of usable acreage, and compatibility with surrounding land uses. A location map is attached for reference. The site is comprised of approximately 175 acres. The property was listed for Thirty Seven Thousand Five Hundred Dollars ($37,500) per acre for a total listing price of $6,562,500. The owner originally offered to sell the site to the County for SLx Nfillion Dollars (S6,000,000). The owner has since agreed to a purchase price of Five Million Two Hundred Fifty Thousand and No/100 Donars (s5,250,000) or Thirty, Thousand Dollars (530,000) per acre. Pursuant to Florida Statute 125.355, the Count}' must obtain two (2) appraisals on the site prior to its purchase. The Agreement provides for an Appraisal Period of ninety (90) days from the execution of the Agreement to obtain the two appraisals. If for any reason whatsoever, the County is not satisfied with the results of the appraisals, the County may terminate the Agreement given proper notice. Pursuant to Florida Statutes, if the agreed purchase price exceeds the average appraised price of the two (2) appraisals, the Board of County Commissioners is required to approve the purchase by extraordman7 vote. Pursuant to the Agreement,' the County has one hundred twenty days (120) days from the execution of the Agreement to obtain a report from the County's Natural Resources Department and the Countv's Pollution Control Department advising of any environmental concerns in order to determine whether the site can be utilized for its intended purpose. If for any reason whatsoever, the Count}., is not satisfied with the results of anv environmental report, the County may terminate the Agreement given proper notice. If the County has not terminated the Agreement pursuant to any other provision in the Agreement and decides, prior to closing, to terminate the Agreement, it may do so; however, the County shall incur a one time cost of Fifty. Thousand and No/100 Dollars ($50,000). If the Agreement is approved by the Board of Count3, Commissioners, a closing date of no later than April 30, 1999 has been proposed by the seller. The Seller has requested that the Count}', within thirty, (30) days following the execution of the attached Agreement, contact the record owners of Tax Parcels 49, 53, 55, 58 and 66 in Section 30, Toxvnship 48 I>tl "' / South, Range 26 East (located adjacent to the 175 acres subject site) and present an Agreement for Sale and Purchase at a price determined by the County for consideration by the record owners. .Any and all Agreements for Sale and Puxchase shall be contingent upon approval by the Board of County Commissioners. The adjacent property may be of benefit to the Parks and Recreation Depart_merit. It is suggested that staff include contingencies in any additional agreements based upon the successful purchase of the subject 175 acres. Staff shall return to the Board with any and all agreements for additional acreage. FISCAL IMPACT: The following are the costs associated with the purchase of the subject site: 1. Purchase Price: An amount not to exceed $5,250,000 2. Environmental Audit: $10,000 3. Title Commitment/Policy and miscellaneous costs (recording, etc.): $20,000 4. Survey, if obtained: $4,900 to $6,500 5. Appraisals: $4,100 Total pre-construction costs, which includes land, closing costs, surveys, environmental audits, appraisals, title commitments, title policies, design and permitting are anticipated to be $6.7~I. Construction is anticipated to cost $8M, bringing the total project cost to S14.7M. This project is budgeted in the FY 99 budget at $14.1~/. However, this estimate was submitted prior to any specific land being found. There is currently S2.9M in unbudgeted impact fee reserves (Fund 368) that can be put toward the land purchase leaving $3.8M to be borrowed. This project has been reviewed by the Counry's Finance Committee. ~5_ile the approved budget shows the project's total cost being borrowed in this fiscal year, the committee has recommended borrowing short term for the land, design and permitting costs, and borrowing the balance or the hard development costs at the me of construction. This is recommended as the length of time required to acquire the property, design and obtain permits (which will likely involve the Axrny Corps of Engineers) will take upwards of two years. For the short term note it is recommended that the staff work with the County's Financial Advisor to distribute an RFP to local lending institutions, compare these rates against the available Commercial Paper Program and select the option that provides the best rates and terms and return to the Board with the firml documents. Once construction is ready to proceed it is recommended that the projected cost of $8M be funded using a long term revenue bond. Both, the short and long term notes would be pledged against future impact fees. The current impact fee revenue stream generates roughly $2.6M annually. The short term borrowing for the unfunded portion of the land, design and permitting costs ($3.8M) would require roughly $2,021,000 on a two year note or $1,387,000 over three years. Borrowing the balance of the estimated S8M of construction funds would require annual debt ser~qce payments of approximately $688,000 annually for a term of twenty (20) years. A standing debt service expense payment of $325,000 currently e.-dsts for Sugden Park, which is required until the year 2003-04. Estimating a northern regional park debt of $688,000 along with the Sugden Park payments, the total debt load would be roughly $1M annually, which amounts to a very manageable 38% in the short term and only 26% of the current revenue stream after 2003-04. The term "current" revenue stream is being used as the f_trm of Henderson Young and Company is in the process of completing the parks impact fee update study. The study, in part, is designed to review rates being charged, which have not been considered in over eight years. In addition, the Board dixected staff to 'nc. lude beach parking as part of its level of service standard in an effort to implement a park impact fee that would provide sufficient funding to increase the oppommities for public beach access. Thi: study shall be JAN'2 ' 1g 9 _ Pg" presented to the Board in February,. Due to the time constraints associated xvith the attached Agreement, the findings of the study are not included xvith this presentation. It should be noted that part of the recommendation being brought for*yard v¢ith the impact fee studv is to collapse both of the existing park impact fees (regional and cogunit),:) into a single fee, which is more typical of other communit3' ordinances. ~hile this executive summary does not presume any increase in the fees, it does assume a single fee will be utilized from which all park projects can be funded. Borrowing funds to finance a portion of the land acquisition and support the construction of this project is strongly recommended not only due to the extremely favorable rates that exist today, but also from a practical standpoint as the demand for the project exists today. There is an insufficient number of soccer and softball fields to address the current demand, even ta-king full advantage of facilities oxvned by public and private schools, the City, of Naples and most recently, the City, of Marco Island. If the Board approves staff recommendafons today, it is anticipated that a full three (3) years will be required before any of the facilities xvill be available to the public. This schedule is due to the time required to design, permit, bid and construct the park project. In addifon, the project is contingent upon access from the future Livingston Road, from Vanderbilt Beach Road to Immokalee Road, which, according to the AUIR Report of 1-12-99 is scheduled to start construction in October 2002 with a completion date of October 2003. GROWTH MANAGEMENT IMPACT: The full acreage of the 175-acre regional park site along with the complete value of the improvements would be added to the Collier Count),' park inventor,'. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS: 1. Approval and execution of the attached Agreement for Sale and Purchase (Agreement) with William Schxve'-d,:hardt, as Trustee, for 175 +/- acres; 2. Authorize the Chairman to execute the Agreement; 3. Direct staff to obtain two (2) appraisals required bv Florida Statute 125.355; 4. Direct staff to obtain any necessan,~ environmental reports and any other reports (including a survey) to ensure the propert3- may be utilized for its intended purpose; 5. Direct staff to proceed to acquire the subject site and follow all appropriate closing procedures including obtaining the acceptance of the proper conveyance document and approval to record any and all necessar,~ documents (once approved bv the County Attomey's Office) to obtain clear title to the propert3' - only if the purchase price does not exceed the average of the two (2) appraisals and all other criteria proves safsfactory; 6. Authorize the staff to xvork with the Counw's Financial Advisor to competitively compare short term borrowing institufons and return with final loan documents for Board approval. 3a'xd lastly, 7. Approve any and all necessary Budget ~d4ments to fund said purchase and related expenses. - PREP32,.ED BY: ,""'~'/"~.__,_~p.' .2.-~. ~._~_ ~--., , 'LL'\ ~-. DATE: S.~NvDtL*X I. TAYLOR, RE.M. PROPE~"'R~' NL~NAGEMENT DIRECTOR M.~RLA R:M\~S ,. S LND RECREATION DIRECTOR THb:x. Gg PU fi Rx;IcEs , DMIN STk ,TOR AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between WILLIAM SCHWEIKHARDT, AS TRUSTEE, under Land Trust No. 5197, with full power and authority either to protect, conserve and to sell or to lease or to encumber or otherwise manage and dispose of the real property described herein, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as: SEE ATTACHED EXHIBIT "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereina~er set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. ~ 1.01 In consideration of the purchase price and upon the terms and conditions heroinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "PURCHASE PRICE") for the Property shall be FIVE MILLION TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($5,250,000). Notwithstanding anything to the contrary herein, the PURCHASE PRICE shall not be less than FIVE MILLION TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($5,250,000). The PURCHASE PRICE shall be paid in U. S. Currency and shall be payable at time of closing. 111. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held after January 31, 1999, following execution of this Agreement by the Purchaser but not later than April 30, 1999, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and -- ~. ,, 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, JAN 2 6 1999 free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. P~ ._..~__.__ (b) Such other easements, restrictions or conditions of record. 3.0112 Mechanics Lien and Possession Affidavit. 3.0113 Combined Purchaser-Seller closing statement. 3.0114 A "non-foreign person affidavit" as required by Section 1445 of the Internal Revenue Code. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0116 Such instruments as may be required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.012 At the Closing, the Purchaser, or its assignee, shall deliver to the Seller the following: 3.0121 A cashier's check drawn on a bank with an office in Collier County, Florida, or a County Warrant issued by Purchaser, in an amount equal to the PURCHASE PRICE. No funds shall be disbursed to Seller until the Collier County Title Company, herein called the "Title Company" verities that the state of the title to the Property has not changed adversely since the date of the last endorsement to the title insurance commitment, referenced in Section 4.011 hereto, and the Title Company is irrevocably committed to pay the PURCHASE PRICE to Seller and to issue the Owners title policy to Purchaser in accordance with the commitment immediately after the recording of the deed, 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article Ill hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay, at Closing, all documentary stamp taxes due on the transaction in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Sellers title to the Property. The cost of the Owners Title Insurance Policy, issued pursuant to the Commitment provided for in Section 4.011 below shall be paid by Purchaser. The cost of the title commitment shall be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title, an ALTA Commitment (1966) for an Owner's Title Insurance Policy covering the Property, issued by a title insurance company selected by the Purchaser. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If Purchaser is not satisfied, for any reason whatsoever, with the results of i :: ..... intention to waive the applicable contingencies or to terminate this Agreement. JAN 2 6 1999 2 Pg.---~ 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. If any objections to title exists, and upon notification of .,--- Purchaser's intention to waive the applicable contingencies, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period. Purchaser, by providing written notice to Seller within two (2) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to purchase the Property in accordance with this Agreement, 4.013 Purchaser shall have the option, at its own expense, obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain two (2) independent appraisals in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisals, Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V. shall be deemed.waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller. 5.03 Seller acknowledges that if the agreed PURCHASE PRICE stated in Paragraph 2.01 exceeds the average of the two (2) independent appraisals, the Purchaser is required to approve the purchase by an extraordinary vote. VI. INSPECTION PERIOD 6.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the ...-.. Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of Purchaser with respect to the Property. · JAN 2 6 1999 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. EQ~8_EESLO~[ 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1997 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon Fifty Thousand Dollars ($50,000.00) shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in 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 appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.011A Seller is the owner of the Property in fee simple. JAN 2 6 1999 4 PG-. 7 ~ 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, --- threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or. investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any """ rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there 'are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system. Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation -.-- or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. i' P~i 11,019 There are no unrecorded restrictions, easements or rights of way (other than / existing zoning regulations that restrict or affect the use of the Property, and there JAN 2 6 1999 are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11,022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. Y, ll. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Heidi F. Ashton, Assistant County Attorney ' 'Agend~(~Hs Office af the Oau nty Attarnay NO. ~ / Administration Building 33ol Tamiami TraiS East JAN 2 6 1999 Naples, Florida 34112 6 If to Seller: William Schweikhardt, Trustee 900 6~h Avenue South Naples, Florida 34102 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, - .. ...... corporation, trust or any form of representative capacity whatsoever for others, Seller ~ n under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the JAN 2 6 1999 corporation is registered with the Federal Securities Exchange Commission or P(I. [~ registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the ? general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. 14.11 All references herein to the date of this Agreement shall mean the date that it is delivered to Seller after it has been executed by Purchaser. 14.12 Purchaser is notified that RICHARD L. JAEGER is a registered Real Estate Broker and that VAN L. SWIFT and EDWIN HEDLUND are registered real estate salespersons. Each has a beneficial interest in land trust 5197. 14.13 Within thirty (30) days following the date of this agreement, Purchaser shall contact the record owners of Tax Parcels 49, 53, 55, 58 and 66 in Section 30, Township 48 South, Range 26 East, Collier County, FL and shall present an agreement for sale and purchase at a price determined by Purchaser for consideration by the record owners. Any and all Agreements for Sale and Purchase shall be contingent upon approval by the Collier County Board of County Commissioners. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. This Agreement shall terminate and be null and void if not executed by Purchaser and returned to Seller on or before 5:00PM EST January 30, 1999. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk PAMELA .S. MACKIE, CHAIRWOMAN Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney Wl~~'~]~z~ 2 ~L~'~IVI"8~HWEI~HA"IS, DT, TRUSTEE (Print Name) 2 6 1999 EXHIBIT "A" Parcel 1: The East (E) ¼ of the Northeast (NE) ¼ of the Southwest (SW) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 2: The East (E) ¼ of the Southwest (SW) ¼ of the Southwest (SW) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 3: The West (W) ¼ of the Southwest (SW) ¼ of the Southeast (SE) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 4: That portion of the East (E) ¼ of the Southwest (SW) 1/. of the Southeast (SE) ¼ of Section 30, Township 48 South, Range 26 East, lying West of Parcel 129 (I-75 Right-of- Way), which right-of-way parcel is described in Official Records Book 986, Page 1273, Public Records of Collier County, Florida; and, Parcel 5: The West (W) ¼ of the Northwest (NW) ¼ of the SW ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 6: The West (W) ¼ of the Southeast (SE) 1/, of the Southwest (SW) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 7: The East (E) ¼ of the Southeast (SE) ¼ of the Southwest (SW) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 8: The West (W) ¼ of the Northwest (NW) 1,/, of the Southeast (SE) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 9: The East (E) ¼ of the Northwest (NW) ¼ of the Southwest (SW) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 10: The Southwest (SW) ¼ of the Northeast (NE) ¼ of the Southwest (SW) 1/. of Section 30, Township 48 South, Range 26 East; and, Parcel 11: The Northwest (NW) ¼ of the Northwest (NW) ¼ of the Southwest (SW) ¼ of the Southwest (SW) ¼, less the West (W) 30 feet AND the Northeast (NE) ¼ of the Northwest (NW) ¼ of the Southwest (SW) 1,/, of the Southwest (SW) ¼ of Section 30, Township 48 South, Range 26 East. All of the above parcels situated and lying in Collier County, Florida, and consisting of approximately 175 acres, as referenced in O. R Book 1753, Page 328 and O. R. Book 1753, Page 329, et. seq. ; ~!!i Location Map · o o Z - ~ - ~ Z ,.,~ ~1~ ...:~. ~~ ~ ~ :,= ~ ' . ..... : ~.,.: ::':~ :...' ..............~:~~ ~ ~l ~ >~ JAN 2 6 1999 EXECUTIVE SUMMARY REVIEW THE COUNTER OFFER REGARDING THE HISTORIC ROBERTS RANCH PROPERTY IN IMMOKALEE. OBJECTIVE: Review the attached Counter Offer and determine if Collier County desires to the purchase the additional property associated with Roberts Ranch located in Immokalee, Florida. CONSIDERATION: In June, 1996, the Roberts family oflmmokalee gifted 4.1 acres known as Tract "E" to Collier County. On October 13, 1998, the Board of County Commissioners authorized staff to pursue the purchase of 8.8 acres of property known as Tract "D" which is adjacent to Tract "E" for purposes of developing a living history museum. Staff prepared an offer to purchase Tract "D" for $500,000.00 and presented same to the Trustees of the Roberts Family Trust. The Trustees of the Roberrs Family Trust have the duty to liquidate all parcels (Tracts "B", "C" & "D") of the Roberts Ridge PUD to realize the greatest benefit to the beneficiaries of the Roberts Family Trust. The Trustees have recently executed a Contract for the sale of Tract "B". ~--- Staff has received a counter-offer (attached for review) from the Trustees requesting that Collier County purchase Tract "C" and Tract "D" which is a total of 18.64 acres for $1,100,000.00. FISCAL IMPACT: If Collier County acquires this property the cost will include: Purchase of Property $1,100,000.00 Environmental Task 1 Assessment 3,500.00 Title Commitment &Policy 5,525.00 Appraisals 7,500.00 Mi scelleneous 2,500.00 Approximate Total Cost: $1,119,000.00 This project is not budgeted leaving the following funding options for Board consideration: A. Funds could be transferred from general fund reserves. B. A short term note could be taken through the commercial paper program, and repaid through non capital improvement element (CIE) capital funds in next year's budget (fund 301 ). C. Funds could be borrowed against future tourist taxes. Current tourist tax ordinances allow for the use of the tax for the operations of the existing museum only and do not allow for capital purchases. While the current ordinance does not allow for capital museum purchases, the state statute does. In order to close, an interim financing would likely be required to allow time for the necessary ordinance amendments. It must also be noted that there is no guarantee that this offer from the County would not be countered by the other commercial entity interested in the property. In addition to the cost of the land, the estimated cost of restoration is $1,200,000 bringing the total cost of the project to $2,120,000. Once the property is purchased there is no immediate obligation to restore the buildings, and State grants could be applied for using the property as the required local match. The local match requirements are usually 50% of the project cost, and the value of the property at $1.1M represents almost exactly half of the total project. The total restoration would likely require three to four years of grant awards and awards of $1.2M are rare and are much more often in the $300,000 to $400,000 range annually per project. While the County was successful in obtaining substantial funds for the restoration of the Museum of the Everglades, there is no assurance that these grants can be obtained. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this project. RECOMMENDATION: Based on the Board of County Commissioners previously expressed direction in regards to this project the following is the recommended option that would allow an acceptance of the property owners counter offer: 1. Review the attached counter-offer and authorize staff to proceed with the Board's direction. 2. Should the Board desire staff to proceed with the acquisition, then authorize Chairman to execute any document necessary for the transfer of property from the Trustees to Collier County. 3. Authorize staff to proceed with proper closing and recording procedures for the subject Property. 4. Authorize the staff to establish a short term borrowing for the project. 5. Direct staff to amend the existing tourist development ordinances to provide a funding source that would provide the necessary debt service payments. "' / ' c~X,~;--'~ ,-~ ~~ -~ -~ DATE/-/_V'- rf c PREPARED BY: ,, ;~ - c7 [ -, :r-- - ~ / Wilma Iverson, Senior Property Specialist Real Property Management Department PROPOSED CHANGES 1. The legal description would be changed to: Tract "C" and Tract "D" of Roberts Ridge, a subdivision recorded in Plat Book 25, Page 100 and 101, of the Public Records of Collier County. 2. Paragraph 2.01: a. First Sentence: The purchase price (THE "PURCHASE PRICE") for the property shall not be less than ONE MILLION ONE HUNDRED THOUSAND and NO/100 DOLLARS ($1,100,000). b. Third Sentence: The PURCHASE PRICE shall be FIFTY-NINE THOUSAND, THIRTEEN DOLLARS AND NO/100 ($59,013) per acre for the eighteen and 64/100 (18.64) acres within Tracts "C" and "D" as determined by a survey previously obtained by the Seller or that amount as may be determined during the Appraisal Period as defined in Article V, however, under no circumstances will the PURCHASE PRICE be less than FIFTY-NINE THOUSAND, THIRTEEN DOLLARS AND NO/100 ($59,013) per acre. 3. Paragraph 3.0111: Warranty Deed would be changed to Trustee's Deed. 4. Paragraph 3.012: The word "delivered" should be inserted between the words "be" and "to." 5. Paragraph 3.0121: The second sentence should be removed because the law requires the company or agent issuing the title insurance to insure the "gap" between the date of commitment and the date of actual title transfer. . 6. Paragraph 4.011: a. First sentence: the words "a national title insurance company" should be changed tc 2Attome~/~' Title Insurance Fund, Inc. or Chicago Title." JAN ;' 1999 b. Second sentence: This sentence should be removed since the Seller is required to provide the ALTA Commitment for an Owner's Title Insurance Policy. c. Last sentence: This sentence should be changed as follows: "If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this agreement." 7. Paragraph 4.012: a. Second sentence: The words "of Purchaser's intention to waive the applicable contingencies," should be changed to "by the Purchaser of such objections." b. Last sentence: The last sentence should read as follows: "A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to purchase the Property and accept the exceptions to title as shown in the title commitment." 8. Paragraph 4.013: a. Last sentence: The words "175 acres," should be changed to "18.64 acres," 9. Paragraph 5.03: The second and third sentences should be removed. 10. Paragraph 10.02: The words "Ten Thousand Dollars ($10,000)" should be changed to "Fifty Thousand Dollars ($50,000)". / 11. Paragraph 10.03: This paragraph should read as follows: "Should any litigation or other action be commenced between the parties arising out of this Agreement, the prevailing p$ :ts in such litigation or other action shall be entitled, in addition to such relief as may 5e JAN Z 1999 granted, to an award of a reasonable sum for its attorney's fees, paralegal charges and all fees and costs to include investigations, trials, appeals, post judgment proceedings and bankruptcies; which sum may be determined by the court or in a separate action brought for that purpose." 12. Paragraph 11.013: The second sentence should be removed unless there is a specific obligation that is to be included in this agreement. 13. Paragraph 11.017: The next to the last sentence should be removed, because the Seller does not have that knowledge. 14. Paragraph 11.024: The following words should be added to the end ofthd sentence: ", except as provided in Paragraph 6.03." 15. Paragraph 13.01: The first sentence should be changed as follows: "The Seller acknowledges that Gulf Citrus Properties, Inc. has been engaged as the sole real estate broker and that any and all brokerage commissions or fees earned by Gulf Citrus Properties, Inc. shall be the sole responsibility of the Seller." The following sentence needs to be added at the end of the paragraph: "The Seller will accept no responsibility for brokerage commissions or fees incurred through the actions of the Purchaser." 16. Paragraph 14.08: This paragraph should be removed since this Agreement should not be signed by Collier County until it has been approved. AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MARY E. GIDDENS, JOHN DALE GALLAGHER AND PHILLIP C, SHERROD, AS TRUSTEES OF THE ROBERTS FAMILY TRUST DATED SEPTEMBER 2'1, 1994, with full power and authority either to protect, conserve and to sell or to lease or to encumber or otherwise manage and dispose of the real property described heroin, (heroinafter referred to as "Seller"), and ': COLLIER COUNTY, a political subdivision of the State of Florida, (hereina~er referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter ' referred to as "Properly"), located in Collier County, State of Florida, and being more particularly described as: Tract "D" of Roberts Ridge, a subdivision recorded in Plat Book 25, Page 100 and 101, of the Public Records of Collier County, Florida Subject to easements, restrictions. and reservations of record. , ; WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafier set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. 1.01 In consideration of the purchase price and upon the terms and conditions heroinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. PAYMENT OF PURCHASE PRICE :' 2.01 The purchase price (THE "PURCHASE PRICE") for the Property shall in no event exceed FIVE HUNDRED THOUSAND and NO/100 DOLLARS ($500,000). The PURCHASE PRICE shall be based upon a survey to be obtained by the Purchaser pursuant to Paragraph 4.013. The PURCHASE PRICE shall be FIFTY-SIX THOUSAND, EIGHT HUNDRED NINETEEN DOLLARS AND NO/100 ($56,819) per acre as determined by a survey or that amount as may be determined during the Apl~raisal Period as defined in Article V. The PURCHASE PRICE shall be paid in U.S. ~drrency and shall be payable at time of closing. 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held after January 31, 1999, following execution of this Agreement by the Purchaser but not later than April 30, 1999, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples. Florida. The procedure to be followed by the parties in connection with the Closing shall ,:. be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to - applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and free and clear of all liens and encumbrances other than: JA (a) The lien for current taxes and assessments. :: (b) Such other easements, restrictions or conditions of record. : ' 3,0112 Mechanics Lien and Possession Affidavit. :' 3.0113 Combined Purchaser-Seller closing statement. 3.0114 A "non-foreign person affidavit" as required by Section 1445 of the Internal Revenue Code. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0116 Such instruments as may be required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by . the title insurance commitment. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the purchase price. No funds shall be disbursed to Seller until the Title Company verities that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each pady shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost '. of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid 1~9'Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15)days after the date hereof, Seller shall fumish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by a national title insurance company, together with hard copies of all exceptions shown thereon. Purchaser ~ : ·. may elect to order an ALTA Commitment on behalf of Seller. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If Purchaser is not satisfied, for any to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. JAN Z 1999 · 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. If any objections to title exists, and upon notification of Purchaser's intention to waive the applicable contingencies, Seller shall have thirty "~ (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, ' Purchaser, by providing wdtten notice to Seller within two (2) days after expiration of said thidy (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to purchase the Property in accordance with this Agreement. 4.013 Purchaser shall have the option, at its own expense, obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. (Please.see II. Payment Of Purchase Price regarding any change in acreage, 175 acres, a~ shown in the current survey of the Property if a survey is obtained by Purchaser.) V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal . Period), to obtain two (2) independent appraisals in order to determine the value of the i" ' Properly pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisals, Purchaser shall deliver to the Seller within thirty (30) days from !' the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Adicle V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal repods shall be furnished to the Seller. 5.03 Seller acknowledges that if the agreed PURCHASE PRICE stated in Paragraph . 2.01 exceeds the average of the two (2) independent appraisals, the Purchaser is required to approve the purchase by an extraordinary vote. If the PURCHASE PRICE stated in Paragraph 2.01 exceeds the average of the two (2) independent appraisals, the Seller, within ten (10) days of obtaining notice of the results of the two (2) *' i~ependent appraisals, may elect to reduce the PURCHASE PRICE to an amount edual to or less than the average of the two (2) independent appraisals whereas the reduced amount shall, for purposes of this Agreement, become the PURCHASE PRICE. The basis of value for which the two (2) independent appraisals shall be based i is a per acre value and shall be multiplied by the total acreage of the Property stated in .'~ Exhibit "A" or the acreage stated in a survey to be obtained by Purchaser pursuant to - :.. · Paragraph 4.013. VI. INSPECTION PERIOD 6.01 Purchaser shall have one hundred twenty (120) days from the date of this " Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed ', without any abnormal demucking, soil stabilization or foundations, " 2. There are no abnormal drainage or environmental requirements to the development - of the Properly. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination, 4. The properly can be utilized for its intended purpose. JAN 2 1999 3 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the result,s of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement· If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Adicle VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering repods and environmental and soil testing results commissioned by Purchaser with respect to the Property. 603 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and ' conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. :... 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Properly at any time prior to the Closing. - 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. : X. TERMINATION AND REMEDIES ,' - 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within fifteen (15) days of written ': notification of such failure, Purchaser may, at its option, terminate this Agreement by .'; giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, ' including the right to seek specific performance of this Agreement. !. 1~'."(::f2 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction ~ · contemplated hereby or otherwise fails to perform any of the terms, covenants and ".. conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon Ten Thousand Dollars ($10,000.00) shall be paid to Seller as liquidated '; .. damages which shall be Seller's sole and exclusive remedy, and neither party shall :' have any further liability or obligation to the other except as set forth in paragraph 13.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event '.i~!! :~. of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a "~ reasonable sum for its attomey's fees, paralegal charges and all fees and costs for by the court or in a separate action brought for that purpose. 10.04 The padies acknowledge that the remedies described herein and in the other :~: ,.. provisions of this Agreement provide mutually satisfactory and sufficient remedies to ..:,,.. ,--, each of the padies, and take into account the peculiar risks and expenses of each of the padies. .. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011A Seller is the owner of the Properly in fee simple. 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undedake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the .' said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. .--. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Properly or any podion thereof. :: ' 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any :.~ '- ,,-fights therein, nor enter into any agreements granting any person or entity any rights : "///'with respect to the Property or any part thereof, without first obtaining the written :.: . consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. .., - 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on :! the Property; all waste, if any, is discharged into a public sanitary sewer system. "- Seller represents that they have (it has) no knowledge that any pollutants are or :' have been discharged from the Property, directly or indirectly into any body of !' '; water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic , substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and ~; i .. there is no proceeding or inquiry by any authority with respect thereto. Seller .,_." represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landnil. JAN Z ti 1999 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Properly are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply ,,' with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or - improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreemenl based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the '-' Property to change from its existing state on the effective date of this Agreement up .",' to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Properly or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereina~er called the "Closing Representative Statement") reasserting the foregoing :,. representations as of the Date of Closing, which provisions shall survive the .~ Closing. I and all costs (including attorney's fees) asserted ~ ~,!, .' against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ('CERCLA" or "Supeffund"), which was amended and upgraded by the Superfund Amendment and ~.' Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement :': ' and the date of Closing shall be Seller's sole risk and expense. ., XII. NOTICES '!' 12.01 Any notice, request, demand, instruction or other communication to be given to ,: · J .N 999 If to Purchaser: Real Properly Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Heidi F. Ashton, Assistant County Attorney Office of the County Attorney ~- Administration Building 3301 Tamiami Trail East . ' Naples, Florida 34112 If to Seller: Roberrs Family Trust c/o Dallas Townsend P. O. Box 1110 Immokalee, Florida 34143 12.02 The addressees and addresses for the purpose of this Article may be changed ' by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the padies. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14,03 Any amendment to this Agreement shall not bind any of the parties hereof unless s~'~;h amendment is in writing and executed and dated by Purchaser and Seller, Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the pady against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. holiday, then the date to which such reference is made shall be e~ended to the next ' No,~ succeeding business day. ? . 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Properly in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Properly before Properly held in such capacity is conveyed to Collier County. (if the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. ~.. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force . or effect unless made in writing and executed and dated by both Purchaser and Seller. :.': Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: :. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk BARBARA B. BERRY, Chairman DATED: WITNESSES: ' FIRST WITNESS (Signature) MARY E. GIDDENS, TRUSTEE (Print Name) :' SEGOND WITNESS (Signature) (Print Name) FIRST WITNESS (Signature) JOHN DALE GALLAGHER, TRUSTEE Print Name) SECOND WITNESS (Signature) (Print Name) FIRST WITNESS (Signature) PHILLIP C. SHERROD, TRUSTEE (Print Name) SECOND WITNESS (Signature) (Print Name) Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney .: EXECUTIVE SUMMARY RECOMMENDATION FOR THE BOARD TO CONSIDER SETTLEMENT PROPOSAL IN THE CASE OF LA VERNE BLANFORD FS. COLLIER COUNTY, CASE NO. 97-209- CIV-FTM-26D, IN THE UNITED STATES DISTRICT COURT IN AND FOR THE MIDDLE DISTRICT OF FLORIDA OBJECTIVE: That the Board consider a settlement proposal from the plaintiff in the case entitled Laverne Blanford vs. Collier County,.. Case No. 97-209-CIV-FTM-26D, now pending in the United States District Court in and for the Middle District of Florida, in the amount orS10,000.00 plus attorneys' fees in exchange for full release and a dismissal of the lawsuit with prejudice. CONSIDERATIONS: In December of 1996 the above-named plaintiff filed a five (5) count complaint in the U.S. District Court for the Middle District of Florida, naming the County and former Collier County employees Dawn Breheney and Susan Copeland as co-defendants. Collier County retained Lawrence Samuel Pivacek, Esq., as counsel and, pursuant to County resolution, both Breheney and Copeland were provided with outside counsel. In response to this complaint, each individual defendant filed a motion to dismiss and in response thereto, plaintiffs counsel withdrew the initial complaint and filed an amended complaint. This new pleading continued to name all previously identified defendants, however the complaint was now seven (7) counts in length. At that point in time all defendants filed motions to dismiss, and eventually, motions for summary judgment, at the close of the discovery process. Currently, the status of the lawsuit is such that co-defendants Breheney and Copeland have been dismissed from the case in its entirety and, pursuant to order of the Court, only three (3) counts of the amended complaint continue to exist against Collier County. These counts are identified as e!legations of sexual harrassment, retaliation for a complaint of sexual harrassment and a violation of the plaintiffs rights under the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The County has continued to maintain denial of all allegations presented by the plaintiff. This matter was submitted to mediation in November of 1998 and impasse was reached at that time. As a consequence of the failure of mediation to resolve this matter, the case is currently set for trial in Fort Myers, Florida for the month of March, 1999. At the last appearance of counsel before the Board regarding this matter, it was determined that the County should pursue a resolution of this matter throM h-a p ~e.~A ~ "" 8'~ ITE · of settlement by offering the plaintiff $10,000.00 is exchange for dismissi~ ~ . _. q ~ .. J A 2 6 i 99 pg.__ I _ After extensive discussions between the attomeys involved in this matter, the plaintiffs counsel has forwarded a proposed agreement whereby the County would offer $10,000.00 to the plaintiff and an additional amount of money for costs and attorney's fees not to exceed $10,000.00 to the plaintiff in exchange for dismissal of the lawsuit with prejudice. This counter-offer by the plaintiff represents a reduction in their proposal for settlement from $37,000.00 to the current figure. It is the opinion of outside counsel for the County, as well as the Collier County Risk Management Department, that the above described settlement offer should be accepted by the Board. FISCAL IMPACT: By agreeing to the settlement proposal, the fiscal impact on the County would be limited to an amount not to exceed $20,000.00, plus the expenses incurred to date for costs and outside counsel. Payment of the settlement would come from the County's Property and Casualty Fund No. 516-121650. As stated to the Board previously, the expense of proceeding through a trial in this type of case would be in the range of $15,000.00 to $20,000.00 in attomey's fees, plus the potential exposure of an award to the plaintiff based upon a jury verdict in her favor and, consequently, payment of her attomey's fees. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board authorize outside counsel and the Risk Management Department to settle this lawsuit pursuant to the terms outlined above and to authorize the Zoard hairm~ssary documents when presented. PREPARED Date: Lawrence Samuel Pivacek Attorney At Law, Counsel For Collier County /JeTWalker, Director Risk Management Director D;ti, id C. Weigel, County Attomey AGENDA ITEM Z. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE OBJECTIVE: To appoint 3 members to serve 2 year terms, expiring on December 31, 2001, on the Golden Gate Community Center AdvisoD' Committee. CONSIDERATIONS: The Golden Gate Community Center Advisory Committee had 3 terms expire on December 31, 1998. This 5 member committee assists the Board of County Commissioners by reviewing and making recommendations regarding the budget and operation of the community center. Applicants must reside within the Golden Gate Community Center MSTU District. Terms are 2 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 D1ST ELECTOR ADV. COMM. CheD'le L. Nexvman (re-appt) n/a 3 yes GGBAC & GGCC Tom Henning (re-appt) n/a 3 yes GGCC Glenn E. Wilt n/a 3 yes none COMMITTEE RECOMMENDATION: Cher}'le L. Newman - re-appt Tom Henning - re-appt Glenn E. ~;ilt - new appt. FISCAL IMPACT: NONE GROXVTH MANAGEMENT IMPACT: NONE RECO.'MMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members to serve 2 year terms. and direct the Count}, Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JANUARY 26,1999 ASE'Ni3 ' i:TE JAN 2 6 1999 pg._ Golden Gate Community Center Advisory Committee Work Phone Appt'd E.rp. Date Term Name Home Phone DateRe-appt 2.dExpDate 2.d Ternt Nancv McLean 01/23.96 12/31/97 2 'fears 5415 26th Avenue. S .\\: . 455-5629 1/20,"98 12'3 t.,,'99 2 Years Naples, FL 34116 District: 3 Category: Tom Herruing 01/07/'97 12/31/98 2 Years 2151 42nd Terrace, S.W. 455-9448 ...... Naples, FL 34116 District: 3 Category: Vicki A. Clavelo 01/0Y/95 12/31/96 2 Years 3610 21st Avenue. S.\V. 455-1475 12./3,'96 12/31/98 2 Years Naples. FL 34117 District: 3 Category: Cheryle L. Nev,,rnan 12/03/96 12"31,/98 2 Years ""' 5101 3lst Avenue, S.W. 353-7969 Naples, FL 34116 District: 3 CategoD': Ernie Bretzmann 01/20/98 12/31/99 2 Years 2284 50th Terrace. S.W. 455-3496 Naples, FL 34116 District: 3 Category: Weclnesaay, JiT.~O, 21,)~i'jS Page I of 2 "' NO. JAN 2 6 1999 Golden Gate Community Center Advisory Committee IVork Phone Appt'd E.x;p. Date, Term Nattie Home Phone DateRe-appt 2ndE. x'pDate 2rid Term This 5 member committee was created by Ord. No. 75-4 to advise the Board of County Commissioners on the budget and operation of the Golden Gate Community Center. Members must reside within the boundaries of the Golden Gate Community Center Municipal SeNices Special Taxing District. Terms are 2 years. FL STA T: 125.01 Staff.' Maria Ramsey: 353-0404 t~'ednesda)', Jatlttary 21, 1998 Page 2 of 2 , _ ~ . - JAN 2 6 1999 illson s From: larson k Sent: Tuesday, January 05, 1999 3:10 PM To: illson s Subject: FW: ~GCC Advisory Board Sue, I added that info into the memo. Thanks again. Keith From: ~lson s Sent: Tuesa'ay, January 05, 1999 2:30 PM To: larson k Subject: RE: G~;CC Advisory Board Keith, if you don't mind, would you please put the date that the committee met in case the commissioners have a question? Thank you, Sue. It will be on the agenda of 1-26-99 From: larson k Sent: Tuesd]y. January 05. 1999 2:27 PM To: ~lson s Subject: GGC~_, Advisory Board Sue, The Golden Gate Community Center Advisory Board voted unanimously to accept the applications of Tom ""' Henning, Cheryle Newman, and Glenn VVilt to the center advisory board. The vote took place on Monday, January 4, 1999 as part of the board's monthly meeting. I want to thank you for your help. I know you will put it on the BCC agenda as soon as possible. If you can, E-Mail me with the da'ce. I will forward Nancy McLean's letter as soon as I get it. Thanks, Keith Page 1 JAN 2 6 1999 pg. MEMORANDUM DATE: December 21, 1998 %;7: ': T.T '.':' '.',:,~ ...."' :"' 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 CounW. Also, please list the commission district in which each applicant resides. G G COMMUNITY CENTER ADV COMM COMMISSION DISTRICT Glenn E. Wilt 5019 31st Avenue, S.W. q/b_5 Naples, FL 34116 .. Tom Henning 2151 42nd Terrace, S.W. ~ 3 Naples, FL 34116 Thank you for your help. JAN 2 6 1999 MEMORANDUM DATE: November 23, 1998 TO: ' ' , ' " FROM: ssist Board of Co~ty Co~issioners E: Voter Registration - Adviso~ Board Appointments The Board of County Commissioners will soon consider tt:e following individuals for appointment to one of the county's advisor2,' committees. Please let me l, mow if those listed below are registered voters in Collier Count','. Also, please list the commission district in which each applicant resides. GOLDEN GATE COMM CENTER ADV COMM COMMISSION DISTRICT .,_, Chery. le L. NewTnan ~ 5101 31st Avenue. S.W. ~/D Naples, FL 34116 , Thank you for your help. JAN 2 6 1999 MEMORANDUM DATE: December 21, 1998 TO: Marla Ramsey, Parks and Recreation Dire or i Golden Gate Co~ity Center Adviso~ Co~iuee As you know, we currently have 3 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: Glenn E. Wilt 5019 31st Avenue, S.W. Naples, FL 34116 Tom Henning 2151 42nd Terrace, S.W. Naples, FL 34116 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 JAN 2 6 1999 December 1, 1998 Ms. Sue Fi]son Collier County Commission Office DEC D ,2 223 3301 E. Tamiami Trail Naples, FL 34112 ~!,~;it'!~ ~.,.f' Ccl;n'c:,' Cc,~n~ssicners Dear Ms. Filson; Re: Golden Gate Community Center Advisory Committee I wish to be considered as a possible member of the above referenced Advisory committee. Glenn E. Wilt 5019 3 1st Ave SW Golden Gate, FL 34116 (P) 353-6843 FAX 353-6841 E-Mail - IABTIMAINtJuno.com Married: Wife - E. Roberta Wilt I have resided in Golden Gate, FL since August 1993. I serve as the Chairman of the Golden Gate Code Volunteer's I serve as a member of the Board of Directors, Golden Gate Area Civic Association I serve as a member of the LOCC committee Business Organizations: Golden Gate Chamber Fratemal Organizations: V.F.W. & F.O.E. My Background: 1. Military Service: Retired U.S. Army, ( 21 yrs ) Ordnance Corps, Explosive Ordnance Disposal 2. Federal Law Enforcement: Explosives Enforcement Officer w/Bureau ofATF ( 91/2 yrs ) 3. Current Employment: Executive Director, International Association of Bomb Technicians and Investigators. ( Since April 1979 ) I thank you for your consideration. Glenn E. Wilt JAN 2 6 1999 I)EC-gl--98 84:41 PM GOLI]EN GATE AUTO REPAIR 941 455 9566 P.01 RECEIVED rlON SUF, FII,SON Saard of Count4, Cc,,'~l~sieners RE: Golden Gate miry Center Advisory Board Dcat Suc, I would like to remainthe Golden Gate Community (.'enter Advisor- Board for one more or term. there is some unfinished business at the Community Center that would like Io complete. I am a seventeen year rc idcnt of Gotdcn Gate; past Prcsident of Goldcn Gate Area Civic Association 995; Vice President Elect Golden Gate Area Civic AssOciation 1999; Gold~ i~ Gate Fire & Rcscuc Conu~issioner C:haimmn 1998-1999, last but not Least; a concerned citizen of the [.and fill odor. Tom Hcnning 215 1 42"a Terrace SW Golden Gate, FI.. 3411 ~ (94~1) 4554448 N JAN 2 6 1999 MEMORANDUM DATE: November 23, 1998 TO: Marla Ramsey, Parks and Recreation Direct i RE: Golden Gate Community Center Advisory Committee As you 'know, we currently have 3 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: Cheryle L. Newman 5101 31st Avenue, S.W. Naples, FL 34116 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 summar3' 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 JAN 2 6 1999 RECEIVED CHERYLE L. NEWMAN NOV - 6 1998 5101 31st. Avenue, S.W, Naples, Florida 34116 Home Phone g41-353-7969 [~rd of County Comissic Email Birdldy2@aol.com November 4, 1998 Ms. Sue Filson Administrative Assistant Collier County Board of Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 RE: Golden Gate Community Center Advisory Committee Dear Ms. Filson: I would like to take this opportunity to say, my last two (2) years as a member of the Golden Gate Community Center Advisory Board has been rewarding. It is due to this experience, that I wish to express the desire to be considered for appointment to another term. Enclosed is my latest resume per your request. Thank you for considering me for this position. Sincerely, Enc. JAN 2 6 1999 11 Cheryle L. Newman 5101 31st Avenue, S.W. Naples, Florida 34116 941-353-7969 E-Mail Birdldy2@aol.com EDUCATION. Grade School - Fraser Public Schools Fraser, Michigan High School - Fraser Public Schools Fraser, Michigan Graduation - June 1964 College - Ferris State University Big Rapids, Michigan Associates WORK EXPERIENCE BUDD COMPANY - DETROIT, MICHIGAN NOV.1965 - JULY 1968 CLERK TYP IST/FILE C LE RK/STATION ERY STORES - SALES & ENGINEERING DEPT. Order and supply all stationery items to the Sales and Engineering Departments. All central filing of Sales Orders, etc. for the Sales Department. DESIGN PRODUCTION INCORPORATED - ALEXANDRIA, VIRGINIA SEPT. 1968 - APRIL 1969 ASSISTANT TO: PRODUCTION MANAGER TRAFFIC MANAGER PURCHASING MANAGER ART DEPARTMENT MANAGER JAN 2 6 1999 BUDD COMPANY - DETROIT, MICHIGAN FEB. 1970- JAN. 1971 STENOGRAPHER - PURCHASING DEPARTMENT Secretary to the Capital Equipment Buyer, Head Steel Buyer and Head Tooling Buyer. BUDD COMPANY - DETROIT, MICHIGAN NOV. 1973 - DEC. 19-93 PURCHASING DEPARTMENT 1973-1981 - SECRETARY 1981-1984 - WHEEL & BRAKE DIVISION CONFIDENTIAL SECRETARY 1984-1985 - ADMINISTRATIVE SECRETARY 1985-1989 - SENIOR BUYER MAY 1989-NOV. t 989 - CONFIDENTIAL SECRETARY TO THE PRESIDENT. NOV. 1989-DEC. 1993 - ADMINISTRATIVE ASSISTANT-SEN IOR BUYER Purchasing items of responsibility have consisted of stationen/supplies, perishable tooling, nuts and bolts (small fasteners}, bearing cups, hubs and fOFgings, office equipment (faxes, copy machines, etc.) office services (janitoFial, tempoFan/employees, equipment services, etc.) telephone system, vehicles and all hl.R.O. items for the Farmington Hills Offices. Past Vice-President Golden Gate Area Civic Association President - Golden Gate Area Civic Association Member Golden Gate Volunteer Code Enforcement Group Co-Chairman Golden Gate Beautification Advisory Committee Past Chairman - Golden Gate Civic Adopt-A-Road Program Vice-Chairman - Golden Gate Community Center Advisory Board Member Volunteer Civic Association - "Citizens on Patrol" Member Golden Gate Womens Club "CurTent Student" - Sheriffs Citizens Academy Recommendation letters available upon request. JAN 2 6 1999 EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE A VACANCY ON THE HISPANIC AFFAIRS ADVISORY BOARD OBJECTIVE: To declare a vacancy on the Hispanic Affairs.Advisory Board and to direct staff to issue a press release soliciting resumes in an effort to fill the vacant position. CONSIDERATIONS: Ordinance No. 92-42, Section 4, reads as follows: "It is the intent and strong desire of the Commission that there be full attendance of advisory Board members at all meetings of the Boards, recognizing, however, that it may be necessary for Board members to be absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at Board meetings is encouraged and necessary for the proper operation of the Boards and in furtherance thereof the following requirements are established: A. Any Board member who is absent for more than one-half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation for such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant by the Commission. B. In the event that any Board member is absent from two consecutive Board meetings without a satisfactory excuse acceptable to the Board chairman, the Board chairman shall state such fact at the next regularly scheduled Board meeting and shall thereafter notify, in wTiting, the Administrative Assistant to the Commission of the Board member's failure to attend without satisfactory excuse. The Commission shall review the Board Chairman's notification at a Commission meeting and shall declare the Board member's position to be vacant if the Commission concurs that the Board member was absent from two consecutive Board meetings without a satisfactory excuse and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant. C. A member of a Board shall be deemed absent from a meeting when he or she is not present during at least 75% of the meetings. Attached is a memorandum from the staff coordinator advising that the committee is requesting that the Board of County Commissioners declare a vacancy on the committee and direct staff to advertise to fill the vacancy. Jorge Chemas has been absent for several meetings in 1998 without satisfactory excuses. On May 21, 1998 the HAAB voted unanimously to recommend to the Board to have his seat declared vacant. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation to declare a vacancy on the Hispanic Affairs Advisory Board and direct staff to issue a press release soliciting new members. It is also recommended that the Board of County Commissioners direct the County Attomey to prepare a resolution declaring the position vacant. '" A~IE~B,~" I'rE~ Prepared By: Sue Filson, Administrative Assistant rio. , d~ /~ Board of County Commissioners JAN 2 6 1999 Date: JANUARY 26, 1999 MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: t County Attorney DATE: January 8, 1999 RE: Vacancies on the Hispanic Affairs Advisory Board On August 20, 1998, the Hispanic Affairs Advisory Board (HAAB) considered two applicants for appointment. Maria Henry xvas not present at the meeting, but advised the HAAB that she would not be able to attend all HAAB meetings. The Board was also notified that Marguerite Gregory is not a citizen of the United States and, therefore, not able to register to vote. I am attaching, for your information, a copy of the minutes of the August 20, 1998 HAAB meeting. One member, Jorge Chemas, was absent for several meetings in 1998 without satisfactory excuses. On May 21, 1998, the HAAB voted unanimously to have his seat declared vacant. I have attached a copy of these minutes for your information. Please have the Board of County Commissioners consider declaring a vacancy for this position. If the Board does declare the position vacant, two seats will need to be filled. Thank you for your assistance in this regard. If you have any questions, please do not hesitate to contact me. RM/kn attachments cc: David C. Weigel, County Attorney HAAB Members JAN 2 6 1999 Pg. ,2..., HISPANIC AFFAIRS ADVISORY BOARD MINUTES OF MEETING · May 21, 1998 Collier County. Government Center Board of County Commissioners Meeting Room PRESENT: Frank Rodriguez, I-L~at3 Chairman Sandra Buxton Pete Cade AGEt~ Frank Loney, HAAB Member t~o. David Correa, I--L~.AB Member Dr. Kate Wamer J/IN 2 6 1999 Ramiro Mafialich, HAAB Liaison and Chief Assistant County Attorney Yolanda Dustin Pg. ~ Reg Buxton The meeting of the Hispanic Affairs Advisory Board commenced at approximately 7:28 p.m. A correction was made to the Agenda, specifically item number II., to reflect that the prior meeting minutes to be approved were from March 18, 1998. Item number Ill. on the Agenda (Discussion regarding diversity issues in the workplace presented before the Black Affairs Advisory Board) was continued due to unavailability of a guest speaker from the Collier County Black Affairs Advisory Board. A motion was made by David Correa to approve the minutes of March 18, 1998. A second was provided by Dr. Kate Warher. A unanimous vote occurred in favor of approval of the minutes as submitted. Ramiro Mafialich, Chief Assistant County Attorney and Liaison to the HAA. B, explained the requirements for attendance under the HAAB Ordinance and distributed the record of attendance kept by the County Attorney's Office regarding the Hispanic Affairs Advisory Board from February, 1997 forward. Frank Loney commented that it is his strong belief that the community issues require regular attendance at HAAB meetings in order to address problems, with solutions, before the issues and problems get cold. A discussion was held among the members and the consensus was to create an attendance tracking sheet, reminder calls from the County. Attorneys Office to the members, to schedule meetings for every. 3~a Thursday of the month at 7:00 p.m. and to provide a regular meeting location at the Board of County Commissioners meeting room. Other locations for meetings will be arranged by special notice. Frank Rodriguez explained that sometimes the lack of a quorum has been due to the Board having a small number of members due to resignations. It was requeste'd that Ramiro Ma~alich contact member Dora Vidaurri regarding her future attendance on this Board. Ms. Vidaurri had previously advised the HAAB that she would not be able to attend meetings in the first part of 1998 due to school, The FL~d3 had previously agreed to grant a satisfactory excuse for Ms. Vidaurri for that period. A discussion took place regarding potential amendments to the HA.~B Ordinance to change quorum and/or voting requirements to facilitate action by the FLzkA_B. After some discussion the consensus among-the' Board members was to renew the attendance commitment by all of the members and to wait and see if the quorum situation improves before approaching the Board of County Commissioners about any Ordinance amendments. Based on the attendance record submitted, Frank Loney made a motion to declare vacant the position held by member Chemas due to absences beyond those allowed by the Ordinance. A second was made by member Correa and a unanimous vote was rendered in favor of the motion. It was directed that a letter would be sent by the Chairman to the Board of County Commissioners, pursuant to the Ordinance with a copy to member Chemas. Chairman Rodriguez reported to the HAAB that he attended a meeting regarding the Collier County Learning Alliance. He stated that this group is working on a proposal to incorporate into the public schools curriculum a requirement for communicating effectively in a foreig-n language. He said that the emphasis was for the foreign language to be Spanish. Frank stated that 'there were no specifics yet on the number of credits that would be given for fulfilling that requirement as part of the graduation program. He mentioned that the learning alliance is an outgrowth of the FOCUS program and planning. Frank mentioned that this concept had already been discussed with the School Board and had received a good reception from the board, school administration, State Superintendent of Schools Frank Brogan as well as the Economic Development Counsel and the Taxpayer Action Group. Frank stated that there were some issues that needed to be resolved such as the structure of the program and the grades in which the proMam would be offered. He stated that many influential people were presently involved in this effort. Yolanda Dustin, former member of the HAAB and presently employed by the school system in Immokalee, commented that school administration appeared to be in favor of implementing the foreign language program in the elementary schools. Frank Loney commented that he was disappointed in Proposition 257 in California. He stated a strong belief in the need to be multilingual and that he thought the Learning Alliance Foreign Language program would be a great asset and help all students. He was concerned as to whether there would be official County support for this effort. Frank Rodriguez responded by stating that the business community recognizes the increasing need for foreign language knowledge. He said the program has support in the business community and in the school system. At this point the program organizers are looking for community feedback. Yolanda Dustin clarified that the Proposition 257 attack in California had to do with bilingual education which was a different issue from the Learning Alliance foreign language proposal. Yolanda provided a history of the foreign language proposal and di ~cuss~al;ltlhtDltiffelt~llt considerations affecting the program as well as different aspects of the program No./~ ~ JAN 2 6 1999 2 Pg.- ~, David Correa stressed that the HAAB should support this concept. Sandra Buxton inquired as to what the school system would need from the HA.~dB to support the pro~am. Yolanda Dustin explained that the pro~am was already started but the issue was the expansion to the loxver Fades. Frank Rodriguez mentioned he would be attending additional meetings regarding the pro~am and would gather information and would report to the I-IAmbiC. Kate Wamer added that she could see many social benefits from the development of foreign language skills by students and not just economic benefits. Frank Rodriguez suggested that the HAAB extend a letter to the School Board expressing interest in the subject. Yolanda Dustin thought that this was a good idea but asked if the HAAB should advise the BCC of its actions in this regard. She pointed out that one of the BCC members is a liaison to the School Board. A motion was made by Sandra Buxton to send a letter of interest and support for the foreig-n language pro~am to the Collier County School Board. A second was made by Frank Loney and David Correa. The vote was unanimous in favor of the motion. Copies of the letter were to be directed to the Board of County Commissioners and the Learning Alliance. Frank Rodriguez reported that a response had been received from Commissioner Hancock regarding the HAAB/Farm Worker letter. Copies of the letter were to be made pan of the HAAB minutes. The meeting of the I-L~.B adjourned at approximately 9:10.p .m. Respectfully submitted by: Chief Assistant County Attorney APPROVED BY THE HISPAN'IC AFFAIRS ADVISORY BOARD ON g-)--,~- , 1998. FISank Ro~['dgue '- Chairman, ~ AGEN ~ I EM APPOINTMENT OF MEMBER(S) TO HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD ' OBJECTIVE: To appoint two members to serve 3 year terms expiring on October 1. 2001, on the Historical/Archaeological Preservation Board. CONSIDERATIONS: The Historic/Archaeological Preservation Board had 2 terms expire on October 1, 1998, representing the category of Law and Citizen-At-Large. This 7 member board is vested v~ith the power, authority, and jurisdiction to designate, regulate, and administer historical, and archaeological resources in Collier County,: under the direct jurisdiction and control of the Board of County Commissioners. Members must comply with the financial disclosure la~vs of the State of Florida. Terms are 3 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 DIST ELECTOR ADV. COM~I. Joanne Marro Quinn (reappt) Citizen-At-Large 4 yes H/APB Diane M. Gonzalez (reappt) Law 3 yes H/APB COMMITTEE RECOMMENDATION: Joanne Marro Quinn - Re-appointment Diane M. Gonzalez - Re-appointment NOTE: Section Seven (b.) (1) of Ordinance 86-41 states "Terms of office for BOard members shall be limited to two consecutive terms of service on any one Board..." Under (2) of the same section. it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (b) (1) above may be waived". According to available records, Diane M. Gonzalez has served 2 full terms. Should the Board wish to re-appoint Ms. Gonzalez, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROV~'TH MANAGEMENT IMPACT: NONE RECO1MMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 2 members to serve 3 year terms, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners ... Agenda Date: JANUARY 26, 1999 No../;f) C. .... JAN 2 6 1999 Pg- Historical/Archaeological Preservation Board IVork Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2rid Term John W. Thompson 10/15/96 10,"01/99 3 Years 5 76 Retreat Drive, Apt. 202 597-2269 Naples, FL 34110 District: 2 Category: Archaeology William J. Tyson 09/08/98 10./01/00 2 Years 732 Hemando Drive 394-0800 Marco Island, FL 34145 District: 1 Category: Landscape Architect Lora Jean Young 09/27/94 10,."01/97 3 Years Box 1823 642-5925 9/23/97 10/01/00 3 Years Marco Island, FL 34146 District: 1 Category: Citizen-At-Large Thomas W. Franchino 263-8357 10/15/96 10/01/99 3 Years 660 8th Street, North Naples, FL 34102 District: 4 Categon.': Real Estate/I. and Development Alex Dusek 09/01/98 10,,'01/00 2 Years 1635 Windy Pines Drive, #5 774-2428 Naples, FL 34112 District: 1 Category: History. Joanne Ivlarro Quirm 03/24/98 10/01/98 7 too. 1084 Sixth Street, South 261-9468 Naples, FL 34102 District: 4 Category: Citizen-At-Large Diane M. Gonzalez 649-0088 09/01/92 10/01/95 3 Years 809 Walkerbilt Road, Suite 3 434-8696 9/12/95 10/01/98 3 Years Naples, FL 34110 District: 2 Category: Citizen-At-Large Friday, September 11, 1998 Page 1 of 2 AGENDA iTEM c. JAN 2 6 1999 Historical/Archaeological Preservation Board Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndE.vpDate 2rid Term This 7 member committee was created by Ord. No. 91-70, and repealed and amended by LDC Div. 1.22.10rd. No. 91-102. This board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical and archaeological resources in Collier County., under the direct jurisdiction and control of the Board of County Commissioners. Membership is composed of 7 members from the following categories: a. history; b. archaeology; c. Real Estate. land development, or dinance; d. architecture; e. law or urban planning; and, f. 2 positions will be filled by citizens at large. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. FL STA T: Staff.' Bob Mulhere, Current Planning Manager:: 403-2300 .... 27. AGENDA ' Friday, September 11, 1998 fi~&;2 of 2 NO - /_~') ~H JAN 2 6 1999 Pg .~__TY' __ PLANNING SERVICES DEPARTMENT MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Robert J. Mulhere, AICP .~ Planning Services Director DATE: September 2, 1998 RE: Historic Preservation Board Vacancies Please be advised that the Collier County Historic and Archaeological Preservation Board has discussed the request for consideration relative to the two vacancies on the above referenced advisory committee. The first vacancy is for the "At-Large" category while the second is for "Law" category. Please note that the Preservation Board has reviewed the resumes of the applicants and has recommended that Joanne M. Quinn be re-appointed as "" the At-Large member and Diane Gonzalez be re-appointed for the Law category. If you have any questions concerning this matter, please do not hesitate to contact my office. cc: Vincent A. Cautero Ron Nino Ray Bellows AGENDA ITEM JAN 2 6 i999 MEMORANDUM DATE: August 31, 1998 TO: . . , . 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 advisor>,, 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. HISTORICAL/ARCHAEOLOGICAL PRES BD COMMISSION DISTRICT Joanne Marro Quinn 1084 Sixth Street S. Naples, FL 34102 Diane M. Gonzalez 809 Walkerbilt Road, Suite Naples, FL 34110 Thank you for your help. 'AGE~'DA iTEM JAN 2 E: 1999 pg. ,..5"' ,.I. ~ ~ T ,.L.' ..I.,.Environmenlal Consultants January, 6. 1999 Mrs. Susan Murray Collier County Community Development Sen, ices Division Current Planning Section 2800 North Horseshoe Drive Naples, FL 34104 Subject: Hideout Golf Club Ltd. Petition for Conditional Use Dear Susan: Please accept this additional information regarding the subject conditional use application. We are requesting in addition to the Golf Course Conditional Use all other uses typically allowed in Golf Course Zoning. Specifically we are asking for a clubhouse. restaurant facility, maintenance facility, dri\'ing range and a pro shop with the ability to conduct golfing lessons. Please understand that these fiacilities are intended for the sole use of the members and their guests. Should you have any questions regarding this submittal, please call this office. Sincerely, RWA Inc; ,.., Emilio J. Robau. P.E. Principal Enclosures Cc: TerO' Archer, Hideout Golf Club Ltd. Don Picworth JAN g 6 ?999 F:',,98-0046 Hideout GolfClub\Conditional I. se ..~,pplication and Sup onLAdditional Information to Susan Murrav. nn _~_J_ 3050 North Horseshoe Drive, Suite 270, Naples, Florida 341'F:F~ · (941) 649-1509, fax: (941) 649:(;[))(556 "Www.consult-rwa.~""~om e. Please provide any additional information which you may feel is relevant to this request: Hideout Golf Club is intended to be a private golf course with a maximum of 350 members and a 5,000 'square foot clubhouse with no residences. The proposal provides for the preservation of privately-owned open green spaces in close proximity to Urban and Estates Designated lands. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions, You may wish to contact the civic or property owners' association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10- Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No known land use petitions within 1 year of this application 11. Additional Submittal rec/uirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre- application meeting. a. A copy of the pre-application meeting notes; b. Ten (10) copies of a 24" x 36" conceptual site plan [and one reduced 8 1/2 × 11" copy of the site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution. E:\98-00~6 Hideout Gol~ Club\Cond~[lonal U~Conditional Use Application Itideo JAN 2 6 7999 ~PLI~TI~ ~R P~LIC H~ING ~R CO~ITIO~ USE 9 eliminated as a result of the approval of the Conditional Use for the golf course. Recreational open space uses, such as golf course, are permitted and encouraged by the Comprehensive Plan and the Land Develomment 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 catastrophe: The applicant proposes to improve Brantley Road (AKA Keane Avenue)to a 40 ft wide privately maintained right of way section adjacent to the property and connecting into the existing improved 23rd st S.W.. These proposed roadw~y..improvements will not only provide access to the Golf Course but will also provide access to several estate homesites located within the Naples Little Farm Subdivision and other adjacent homes on Agriculturally zoned land adjacent to the proposed improvements on Brantley Road. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic and odor effect: The proposed land use and off site improvements will enhance the appeal of [he area and will generally have the effect of fortifying p~operty values. The Golf Course will not produce any adverse noise impacts, glare impacts, or odor impacts. d. Describe the site' s and the proposed use' s compatibility with adjacent properties or other properties in the district: Adjacent surrounding properties consist of vacant unimproved land and some single family homes. Some of the residences are also used for ornamental horticulture activities and small farm animal and livestock raising activities. An open space recreational use such as this facility is fully compatible with the adjacent USeS. Course Flnal.doc ~PLI~TION ~R P~LIC H~ING ~R CO~ITIO~ 8 7. Type of Conditional Use: This application is requesting condition use No. 17 of the A district for (TYPE OF USE) Golf Courses and/or Golf Driving.Ranges. Present use of the property: Vacant forested lands and citrus qrove operations. 8. Elevation 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 maters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. iAttach 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 consistent with the applicable section or portions of the future land use element) :The Agricultural/Rural Future Land Use Designation permits open space and recreational uses. Other stand-alone golf course facilities that have been approved as conditional uses in Aqricultural/Rural Designated lands include Bonita Bay East Golf Course along Immokalee Road and the Olde Florida Golf Club off of Vanderbilt Beach Road. There is a potential for thirty eight (38) single family ..... - on the subject property, which density wi~~j/ E:\98-0046 Hideout Golf Club\Conditional U,e\Condttionai use Application Hid ,out~N~ ~ G 1999 Course Final.doc ~PLI~TI~ ~R P~LIC H~ING ~R CO~ITI~ USE 4. Size of property: varies ft X ft varies See Exhibit A Total Approximate Sq. Ft.7,840,800 Acres 180 5. Address/general location of. subject property: Naples Farm Sites East of White South on 23~ st S.W. West on Brantley Road (AKA Keane Avenue) 6. Adjacent zoning and land use: Zoning Land Use N A Rural Agricultural S A Rural Agricultural E A Rural Agricultural W E Estates Golden Gate Estates, Estates Zoning 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). The applicant does not own contiguous property adjacent to this proposed development. Section: N/A Township: N/A Range: N/A Lot: N/A Block: N/A Subdivision: N/A Plat Book Page No.: N/A Property I.D. No.: N/A Metes & Bounds Descript'ion: N/A E:\98-0046 Hideout Golf Club\Conditional Use\Conditional Use Application Hid;out Golf Course JAN 6 1999 ~PLI~TION ~R P~LIC ~ING ~R C~ItIO~ US~ 6 g. Date subject property acquired( )leased ( ): Term of lease yrs./mos. If Petitioner has option to buy, indicate date of option: August 7,1998,May 19,and 21,1998 October 31 1997 and date option terminates: or anticipated closing date: January 4 and 6, 1999. h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page). If request involves change to more than 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:24 and 25 Township:49S Range:26E Lot: Naples Farm Sites Various Lots and Unplatted land Plat Book 4 Page No.: 34 Property I.D.No.:00290200005,0028900003,00291961107, 61734280009,00290240007,,61734320008,61734240007, 61734400009,61734360000,61734200005,61734440001, 61734520002,61734480003,61734160006 Exhlbl Metes & Bounds Description: See ' E:\98-0046 Hideout Golf Club\Conditional Use\Conditional Use Application Hi eout Golf COUrse Ftnal.doc JAN ~PLI~TION ~R P~LIC HEARING ~R CO~ITIONAL USE 5 e. if the property 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 Percent of Ownership Hideout Golf Club Ltd. One qeneral partner: Hideout Golf Club, Inc. (1%). The directors of Hideout Golf Club, Inc. are: Maurice Kent, Lawrence Kent and Terry Archer The limited partners and remaininq 99% interests are listed below. Maurice Kent 40% 1207 Third Suite South, Suite 2 Naples, Florida 34102 Lawrence Kent 40% 1207 Third Suite South, Suite 2 NapleS., Florida 34102 Larry Bird 20% 1207 Third Suite South, Suite 2 Naples, Florida 34102 Date of Contract: Varies 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 Percent of Ownership Course Final. doc ~ ~PLX~TION ~R P~LIC M~ING ~R CO~XTI~ USE 4 PO._ ~ ~ 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 Percent of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the names of the general and/or limited partners. Name and Address Percent of Ownership E:\98-0046 Hideout Golf Club\Conditional Use\Conditional Use Application Hide. ut G~N 2 6 1999 Course Final .doc APPLICATION FOR PUBLIC ~KARING FOR CONDITIONAL USE j'Y Disclosure of I.nterest Information: a. If the property is owned fee simple by an INDIVIDUAL tenancy by l~he entirety, tenancy in common, or joint tendency, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary)). Name and Address Percent of Ownership John Mauriel 100% 25 Acres Pa~ricia Turner i00% 30 Acres John Burden iII 100% 40 Acres Joseeh Costa et al 100% 10 Acres b. If the property is owned by a CORPORATION, list the officers and stockholders and the Dercennage of stock owned by each. Name, Address, and Office Percent of Stock Approximately 80 ac Citrus Grove Tract Hideoui Golf Club Ltd. One general DarEher: Hideou~ Gol~ ?!ub, Inc {~%~ mRe a/rectors of Hideout Golf Club, Inc. ~re: Maurice Kent, Lawrence Kent and Terry Archer The limited partners and remaining 99% interesEs are lisEed below. Maurice Kent 40% 1207 Third Suite South, SuiEe 2 Naples, Florida 34102 Lawrence Kent 40% 1207 Third Suite South, Suite 2 Naoles, Florida 34102 Larry Bird 20% 1207 Third Suite South, Suite 2 Naples, Florida 34102 F:",98-0046 Hideout GOlf C!ub\Conditional Use\Conditional Use Appllsanlon ..ld ut ~aurse Flnal.Coc ~ APPLICATION FOR PUBLIC HEAR2[NG FOR CONDITIONAL USE 2 COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SECTION Cd- q%' DATE OF APPLICATION: COMMISSION DISTRICT: District V PLANNER ASSIGNED: Susan Murry ABOVE TO BE COMPLETED BY STAFF APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE 1. General Information: Name of Applicant(s)Hideout Golf Club Ltd. Applicant's Mailing Address 1207 Third Street South Suite 2 City Naples State Florida Zip 34102 Applicant' s Telephone No. 941-435-4544 Fax No. 941-435-4546 Name of Agent Emilio J. Robau, P.E. Firm RWA Inc. Agent's Mailing Address:3050 North Horseshoe Drive City Naples State Florida Zip 34104 Agent's Telephone No. (941) 649-1509 Fax No. (941) 649-7056 S:\ge-O046 .i~eou~ Sol~ Club\Condi~iona~ Use\Conditional Us. ~pplication nid, aut 3~ g 6 1999 Fin~.doc ~PLI~TION ~R P~LIC ~ING ~R CO~ItI~ USE 1 pa /~ 11. The Golf Course and its accessory uses shall be limited for use by members and their guests only, and shall not be open to the public. Membership shall be limited to a maximum of 350 people. 12. Restaurant size shall be limited to a maximum seating capacity of 150 seats and shall serve patrons not later than 10:00 p.m. 13. Pro-shops with equipment sales shall be limited to a maximum of 1,000 square feet in size. PP~PAR~D BY: DATE CHIEF PLANNER , VIEWED Y: NALD F. O, CP DATE PLANNING MANAGER , AICP DATE PLANNING SERVICES DIRECTOR APPROVED BY: VINCENT A. CAUTERO, A/CP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRON. SVCS DMSION Staff Report for the January 21, 1998 CCPC meeting. NOTE: Tentatively scheduled for the January 26, 1999 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: MICHAEL J. BRUET, CI--IA/RPERSON i J J/XN 2 6 1999 Summary Conclusion: Adjacent properties include vacant rural agricultural (A) zoned properties to the north, east and south. Estates (E) zoned property is located to the west, across a 100 foot wide canal. The proposed conditional use for the golf course is strictly for the use of the members of the golf club and their guests, and not open to the public. Thus, potentially, this type of use could have lesser effects on adjacent properties than some of the permitted accessory uses for adjacent properties that are zoned agricultural. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU- 98-22 for Conditional Use 17 - golf courses and/or driving ranges of the Agricultural (A) zoning district as described in the Resolution of Adoption and Exhibits, and subject to the following stipulations which are attached to the resolution hereto. 1. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. 2. 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 (CCLDC). 3. 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 methods of exotic vegetation removal to be used within areas of retained native vegetation. 4. The 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 impacts to protected wildlife species. Where protected species occur 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. 5. A roadway surface condition survey of 23~d St. SW shall be submitted to the Collier County Transportation Services Department for review and approval prior to final site plan/construction plan approval. 6. The Collier County Transportation Services Department reserves the right to monitor the roadway conditions to determine if roadway improvements such as, but not limited to, mm lanes are required as a result traffic associated with Hideout Golf Club. If improvements are deemed necessary, the developer shall be responsible for their proportionate share of required improvements. 7. Prior to the issuance of building permits for the project, the petitioner shall post a $10,000 bond for future road maintenance. 8. The petitioner shall pave Brantley Boulevard to County standards with a miramum pavement width of twenty-two (22) feet. 9. Brantley Boulevard shall not be vacated or closed through the limits of the proposed project. 10. A sixty (60) foot wide right-of-way shall be reserved along the current privately maintained right- of-way of Brantley Boulevard. Upon their request, said right-of-way shall be dedicatea'~a~__~ County. No ~ JAN 2 6 1999 6 west. The additional 650 average daily trips from this project will have significant impact on Brantley Boulevard and 23~ Street SW. Summary Conclusion: Provided Brantley Boulevard, a private roadway is not closed or vacated, access to the site as well as access to abutting properties to the west should not be problematic. The additional trips generated by this use will have significant impact on the roadway conditions of Brantley Boulevard and 234 Street SW. Therefore, the need for turn-lanes and other roadway improvements shall be reviewed during the time of the Site Development Plan (SDP) review process. c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: Noise generated by the proposed use will be minimal. The Clubhouse site and Maintenance facility are located abutting Brantley Boulevard and are surrounded by vegetation and golf course on three sides. The 180 acre site and Golf Club is intended to be a private golf course with a maximum of 350 members and a 5,000 square foot clubhouse with no residences. Neighboring properties are agricultural in nature, located on property five (5) acres or more in area. Con: Increased traffic volumes and higher levels of activity may occur should the proposed use include competitions or special events. Summary Conclusion: The proposed conditional use will have minor effects on adjacent properties once construction of the golf course is completed. The petition as proposed, provides for approximately 99 percent of the overall 180 acres of open space in the form of golf course, lakes and conservation areas. Although competitions or special events held on the site may generate additional traffic or activity, the proximity of the site to residential land uses is such that the impact should be minimal to these areas. Any special events which occur on site will be required to obtain a Temporary Use permit. This permitting process will address the impacts of additional parking and traffic concerns prior to or as a condition of permit issuance. d. Compatibility with adjacent properties and other property in the district. Pro: The properties to the north, east and south are zoned Agricultural. According to the petitioner's representative, the only two (2) structures on site will consist of a clubhouse facility (maximum of 5,000 square feet), and a maintenance facility (size not provided).The remaining portions of the site will remain as open space in the form of lakes, golf course and conservation areas. Con: A golf course will generate greater amounts of traffic and associated impacts than what currently exists. CRITERIA EVALUATION: The Current Planning staff has coordinated 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 below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for 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 below, and are categorized as either pro or con as 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. CONDITIONAL USE: a. Consistency with the Land Development Code and Growth Management Plan. Pro: The requested uses are consistent with the applicable elements of the GMP and provisions of the LDC. Con: Not applicable in view of the consistency evaluation with the GMP and LDC. Summary Conclusion: The proposed use is authorized in the Agricultural/Rural Mixed Use Residential designated areas in the "A" Agricultural zoning district, which provides for the requested uses as conditionally permitted uses. 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 and/or catastrophe. Pro: Access to the site will be provided fi'om a driveway entrance located off of Brantley Boulevard. Brantley Boulevard also provides access to neighboring residential properties on land five (5) acres in size or greater. The addition of a driveway entrance serving the golf course should not have a negative impact on traffic flow or access onto Brantley Boulevard. Con: Although a significant portion of the property abuts Brantley Boulevard on the north and south sides, Brantley Boulevard also provides access to properties abutting the subject site to the west, up to its western terminus at the canal. The Collier County Transportation Services Department has mentioned a possible easterly extension of 25th ' Avenue SW, linking to Brantley Boulevard, for public use. It is their recommendation .. that a 60-foot wide privately maintained right-of-way for Brantley Bouleva rffbe ~ '~'~ for this use as well as to provide access to those properties abutting the sub2 ect s~~ JAN 2 6 1999 4 Traffic Circulation Element: The ITE Trip Generation Manual indicates that the proposed use will generate 643 trips on a weekday and 49 trips during the peak hour. Based on this data, the site generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Brantley Boulevard and 23~ Street SW. However, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists each segment of Brantley Boulevard and 23'~ Street SW as a 2-lane road. The traffic count for 23~ Street SW is 4,899 AADT and is operating at LOS "A". It should be noted that his segment is not projected to be deficient at the build out of this project. Staff has reviewed the layout of the conceptual site plan from a planning and traffic safety stand point and finds the following: The access point from Brantley Boulevard provides clear sight distance, therefore, these access points should operate adequately subject to any required engineering improvements. The final on-site traffic circulation system and access throat depth will be reviewed at the time of site development plan review. Other Applicable Element: 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 extension of available public utilities is required, these will be mandated at the time of approval of the required site development plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as designated on the official Collier County Probability Map. Therefore, no survey and assessment is required. However, 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. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the Environmental Advisory Board (EAB) at the December 2, 1998 meeting. The EAB unanimously recommended approval subject to staffs stipulation which have been incorporated in the resolution of adoption. Other staff as appropriate which are responsible for oversight related to the other above referenced areas of critical concern have reviewed this petition and have offered comments. This primarily includes a review by the Community Development environmental and engineering staff, and the Transport-' t~ Division staff. N / JAN g 6 1999 3 SW, south, to just south of the eastem terminus of 27m Avenue SW. The site has 2,062 feet of frontage on the 100 foot wide canal abutting 21" Avenue SW (to the west) to south of 23"~ Avenue SW, and an additional 1,008 feet of frontage along the same canal between 25m Avenue SW and 27~ Avenue SW (see attached map). The site is 180 acres in area. The proposed buildings and parking areas shown on the conceptual site plan are located adjacent to the eastern boundary of the site. The proposed site plan indicates a golf course type of development scenario including a golf maintenance facility, a 5,000 square foot clubhouse, a driving range and an 18- hole golf course. The petitioner is also requesting accessory type of uses commonly associated with a golf course including a small restaurant and pro-shop for exclusive use of the country club's members. Access to the site is planned via a main driveway entrance located off of Brantley Boulevard leading to the Clubhouse site which provides access to the golf course/driving range areas. SURROUNDING LAND USE AND ZONING: Existing conditions: The site is currently undeveloped. A portion of the southern half of the site contains jurisdictional wetland areas. The site is currently zoned Agricultural (A). ZONING LAND USE Surrounding: North- Agricultural Vacant South -Agricultural Vacant East- Agricultural Vacant West- Estates (E) Canal GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as noted below: Future Land Use Element: The property lies within the Agricultural/Rural Mixed Use designated area on the Future Land Use Map to the Future Land Use Element (FLUE). A limited type of non-residential and non- agricultural uses are permitted as conditional uses in this zoning district such as parks; cemeteries; open space and recreational uses including golf comes. This golf course and its accessory uses are to be used by its members and their guests and is not open to the general public. The Land Development Code establishes a procedure which may result in approving a development order for golf courses and/or golf driving ranges in agriculturally zoned districts. To that extent this petition is consistent with the FLUE. Other consistency relationships are as follows: JAN 2 6 1999 1999 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION DATE: JANUARY 4, 1999 RE: PETITION NO: CU-98-22 Hideout Golf Club Ltd. AGENT/APPLICANT: Agent: Emilio J. Robau, P.E. RWA Inc. 3050 North Horseshoe Drive Naples, FL 34104 Applicant: Hideout Golf Club Ltd. 1207 Third Street South Suite 2 Naples, FL 34102 GEOGRAPHIC LOCATION: The subject site is located east of C.R. 951 on the east side of the canal which abuts the eastern terminus of 21st Avenue SW, south, to 27th Avenue SW. The north and south parts of the subject site are divided by Brantley Boulevard, a private roadway. The site is located in Sections 24 and 25, Township 49 South, Range 26 East, Collier County, Florida. REQUESTED ACTION: The applicant is seeking to obtain approval for Conditional Use 17, Golf Courses and/or Golf Driving Ranges in an Agricultural "A" zoning district. The petitioner is also requesting accessory uses typically associated with Golf Course development, including a small restaurant and a pro- shop. The golf course and its related accessory uses will not be open to the public, rather will be limited to 350 private members. PURPOSE/DESCRIPTION OF PROJECT: The site is an elongated rectangular shaped parcel, presently undeveloped, and located east of C.R. 951 on the east side of the canal which abuts the eastern terminus just north of 21st AvPnn~' 1 JAN 2 6 1999 for 23~d Street SW is 4,899 AADT and is operating at LOS "A". It should be noted that his segment is not projected to be deficient at the build out of this project. 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. PLANNING COMMISSION RECOMMENDATION: Due to unforeseen circumstances, the scheduling of this petition did not allow for staff to summarize the Planning Commission vote and recommendation at the time of submittal of this summary. Therefore, the Planning Commission's recommendations and vote will be verbally presented at the Board meeting scheduled for January 26, 1999 unless the petition is approved unanimously by the CCPC and with no public opposition, in which case it will be requested to be placed on the Summary Agenda. Staffs conditions for recommendation of approval as they will be presented to the Planning Commission at the January 21, 1999 are attached to the resolution of adoption. PREPARED BY: CUS~ ANNEMURRARY, AICP C]' DATE ./ vI ED B: 1.-7. AGER DATE CURRENT PLANNING SECTION BEi~T J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT AP~iS~BY: C~p~,AD /4. ff ' Vn, a~iNT ,~. CAUTERO, MrN~S RATOR DATE T COMMUNITY DEVELOPMENT & ENV. SVCS. DIVISION Petition Number: CU-98-22, Hideout Golf Club NOTE: This Petition has been tentatively advertised for the January 26, 1999 BCC meeth~ENDA JAN 2 6 1999 properties to the north, east and south are zoned Agricultural. According to the petitioner's representative, the only two (2) structures on site will consist of a clubhouse facility (maximum of 5,000 square feet), and a maintenance facility (size not provided).The remaining portions of the site will remain as open space in the form of lakes, golf course and conservation areas. CONS: Although a significant portion of the property abuts Brantley Boulevard on the north and south sides, Brantley Boulevard also provides access to properties abutting the subject site to the west, up to its western terminus at the canal. The additional 650 average daily tTipS from this project may have significant impact on Brantley Boulevard and 23"~ Street SW. FISCAL IMPACT: This conditional use request by and of itself will have no 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. 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. GROWTH MANAGEMENT IMPACT: Future Land Use Element: The subject site is designated Agricultural/Rural Mixed Use on the Future Land Use Map of the Growth Management Plan. This district permits residential development at low densities and non-residential uses, including recreation and open space type of uses. The Land Development Code establishes a procedure which may result in approving a development order for golf course and driving range facilities in Agricultural zoned districts. To that extent this petition is consistent with the FLUE. Development of this site will have no impact on the Growth Management Plan. Traffic Circulation Element: The ITE Trip Generation Manual indicates that the proposed use will generate 643 trips on a weekday and 49 trips during the peak hour. Based on this data, the site generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Brantley Boulevard and 23~a Street SW. However, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists each segment of Brantley Boulevard and 23ra Street SW as a 2-lane road. The traffic count JAN 2 6 1999 EXECUTIVE SUMMARY PETITION NO. CU-98-22 EMILIO J. ROBAU, P.E., OF RWA, INC. REPRESENTING HIDEOUT GOLF CLUB LTD., REQUESTING CONDITIONAL USE "17" OF THE AGRICULTURAL, "A" ZONING DISTRICT PER SECTION 2.2.2.3. OF THE LAND DEVELOPMENT CODE FOR A PRIVATE GOLF COURSE, CLUB HOUSE AND DRIVING RANGE FACILITY FOR PROPERTY LOCATED ON BRANTELY BOULEVARD, EAST OF THE GOLDEN GATE CANAL, IN SECTIONS 24 AND 25, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 180 +/- ACRES. OBJECTIVE: The applicant is seeking to obtain approval for Conditional Use 17, Golf Courses and/or Golf Driving Ranges in an Agricultural "A" zoning district. The petitioner is also requesting accessory uses typically associated with Golf Course development, including a small restaurant and a pro- shop. The golf course and its related accessory uses will not be open to the public, rather will be limited to 350 private members. CONSIDERATIONS: The site is an elongated rectangular shaped parcel, presently undeveloped, and located east of C.R. 951 on the east side of the canal which abuts the eastern terminus just north of 21 st Avenue SW, south, to just south of the eastern terminus of 27th Avenue SW. The site has 2,062 feet of frontage on the 100 foot wide canal abutting 21st Avenue SW (to the west) to south of 23~d Avenue SW, and an additional 1,008 feet of frontage along the same canal between 25th Avenue SW and 27th Avenue SW .The proposed buildings and parking areas shown on the conceptual site plan are located adjacent to the eastem boundary of the site. The proposed site plan indicates a golf course type of development scenario including a golf maintenance facility, a 5,000 square foot clubhouse, a driving range and an 18-hole golf course. The petitioner is also requesting accessory type of uses commonly associated with a golf course including a small restaurant and pro-shop for exclusive use of the country club's members. Access to the site is planned via a main driveway entrance located off ofBrantley Boulevard leading to the Clubhouse site which provides access to the golf course/driving range areas. PROS/CONS: The list below contains a summary of the evaluation of the criteria which are specifically noted in Section 2.7.4.4. of the Land Development Code requiring staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. PROS: Noise generated by the proposed use will be minimal. The Clubhouse site and Maintenance facility are located abutting Brantley Boulevard and are surrounded by vegetation and golf course on three sides. The 180 acre site and Golf Club is intended to be a private golf course with a maximum of 350 members and a 5,000 square foot clubhouse with no residences. Ne ghbc~~ ) Properties are agricultural in nature, located on property five (5) acres or more in are~ The JhN 2 6 1999 pq._ / 6.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: 1. 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. 2. All approved Agency (SFWMD, ACOE, FGFWFC) permits shall be submitted prior to any final development order approval (Plat/Construction Plan, SDP). 3. 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 Subsection 3.2.8.4.7.3. of the LDC. 4. 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, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Staff. 5. 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 plan approval. A schedule for exotic removal within all preservation areas, shall be submitted with the above mentioned plan. 6. 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 Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 7. A gopher tortoise relocation/management plan shall be submitted for review and approval at the time of SDP or construction plan submittal. The approved language shall be added to the Site Development Plan or Construction Plan. Off- site relocation may be required if the applicant cannot provide adequate habitat for on-site relocation. F:GE~ .PUD (14) ~ JAN 2 6 1999 6.5 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: Arterial level street lighting at the project entrance shall be provided by the developer prior to the issuance of any certificate of occupancy. 6.6 WATER MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: 1. Water Management design and construction shall conform to Subsection 3.3.5.5.5.4. of the Collier County Land Development Code. 2. A copy of the SFWMD Permit or Early Work Permit with staff report is required prior to construction plan approval. 3. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Land Development Code and SFWMD Rules. 6.7 UTILITIES 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. 6.8 ENGINEERING The development of this PUD Master shall be subject to and governed by the following conditions: 1. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 2. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3.2 Subdivisions. 3. Offsite removal of excavated material conforming to the "commercial excavation" provisions of Division 3.5 is permitted. (13) ! JAN g 6 1999 SECTION 6 DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successors and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition any successor or assignee in title is subject to any commitments within this agreement. 6.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed tract, 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 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. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION This PUD shall be subject to the Sunset Provisions, Section 2.7.3.4 of the Land Development Code. (12) ] J A N 6 1999 SECTION 5 ' PRESERVE AREA 5.1 PURPOSE Preserve Area The purpose is to preserve and protect vegetation and naturally functioning habitat such as wetlands in their natural state. 5.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional, state and federal permits when required; A. Principal Uses: 1. Open Spaces/Nature Preserves. 2. Boardwalks subject to appropriate approvals by permitting agencies. 3. Any other use deemed compatible by the Planning Services Director. JAN ~ 6 1999 SECTION 4 CLUBHOUSE AREA PLAN 4.1 PURPOSE The purpose of this Section is to set forth the development plan and development standards for the area designed as Tract R, Clubhouse Area on the PUD Master Development Plan, Exhibit "A". The primary function and purpose of this Tract will be to provide aesthetically pleasing open area and recreational facilities. 4.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Use: 1. Clubhouse. 2. Open Space. 3. Shuffleboard courts, tennis courts, swimming pools and other types of facilities intended for outdoor recreation. 4.3 DEVELOPMENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. B. Buildings shall be setback a minimum of twenty-five (25) feet abutting adjacent residential districts. C. Lighting facilities shall be arranged in a manner which will protect neighboring properties from direct glare or other interference. D. MAXIMUM HEIGHT 1 Principal Structure - 35 feet. E. MINIMUM OFF-STREET PARKING AND LOADING As required by Division 2.3 of the Land Development Code in effect at time of building permit application. JAN g 6 1999 H. 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. If after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions. 1. Excavation activities .shall comply with the definition of a "development excavation" or "commercial excavation permit" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall not be limited. 2. All other provisions of said Division 3.5 are applicable. JAN 2 6 1999 B. MINIMUM LOT AREA 5,000 square feet. C. MINIMUM LOT WIDTH (1) Comer Lots - 55 feet (2) Interior Lots - 50 feet D. MINIMUM YARDS (1) Front Yard - 20 feet. (10' on comer lots for yard not containing a driveway) (2) Side Yard - 5 feet. (3) Rear Yard - 20 feet. (4) Rear Yard (Screen Enclosure) - 5 feet. (5) Rear Yard (Pool) - 5 feet. E. MINIMUM FI_,OOR AREA (1) 1,200 square feet F. OYF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. G. MAXIMUM I~IGHT (1) Principal Structure - 35 feet and 2 stories above the minimum base flood elevation. (2) Accessory Structure - 25 feet and 1 story above the minimum base flood elevation. JAN g 6 1999 SECTION 3 RESIDENTIAL PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tracts A, B, C, D, Residential. 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units allowed within the PUD shall be as follows: TRACT A: 12 TRACT B: 28 TRACT C: 26 TRACT D: 28 TOTAL 94 3.3 USES PERMITTED 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 Dwelling Unit B. Accessory Uses: (1) Customary accessory uses and structures, including private garages. (2) Clubhouse. (3) Temporary sales trailer. (4) Model units, model center. (5) Gatehouse and entrance features. (6) Any other accessory use deemed compatible by the Development Services Director. 3.4 DEVELOPMENT STANDARDS A. The following sets forth the development standards for the single family residential lots within the Glen Eden On The Bay PUD. All setbacks are measured from the property line of the individual lot. (7) jAN g 6 1999 g. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. 2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.8 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further tO the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. (6) ~ JAN g 6 1999 C. The provisions of Division 3.3 of the Collier County Land Development Code when applicable shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACILITIES Model homes/model home centers including sales center shall be permitted in conjunction with the promotion of the development subject to the following: a. One "wet" and four "dry" models may be constructed prior to recording of a plat. Location is limited to future, platted single family lots. All permits for models must be applied for by project owner. b. The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. c. The model ("wet model") utilized as "sales offices" must obtain approval by and through the Site Development Plan process. d. Prior to the recording of any plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the like as set forth herein. e. Access shall be provided to each "dry" model from the "wet" model. Access shall be for pedestrian traffic only, no paved road will be allowed. Access to the "wet" model shall be provided by a paved road or temporary driveway and shall have a supporting parking lot. f. Sales, marketing and administrative functions are permitted to occur in designated "wet" model homes within the project only as provided herein. (5) ~ J/~N 2 6 1999 TYPE UNITS/SQ.FL. ACREAGE Single Family Lots 94 18.0± Acres Internal Roads 4.5± Acres Lakes 5.3± Acres Conservation Area 12.1 ± Acres Clubhouse Area 1.0 ± Acres TOTAL 40.9± Acres B. Areas iljustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, pans thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A" . Minor modification to all tracts, lakes or other internal boundary may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5 respectively, of the Collier County Land Development Code or as otherwise permitted by this PUD document. C. In addition to the various areas and specific items shown in Exhibit "A " , such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 94 single family residential dwelling units shall be constructed in the total project area. The gross project area is 40.93 ± acres. The gross project density will be a maximum of 2.3 units per acre. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code. and the platting laws of the State of Florida. (4) i N~~ SECTION 2 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 Glen Eden On The Bay 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 building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Glen Eden On The Bay PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of the Collier County Land Development Code where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development pe.rmitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15. Adequate Public Facilities Section of the Collier County Land Development Code at the earliest or next to occur of either final SDP approval, final plat approval or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan. The project shall have a maximum of 94 single family lots, clubhouse area, water management lakes and native preserve area. jAN g 6 1999 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Glen Eden On The Bay, L.P., 14510 Vanderbilt Drive, Naples, Florida 34110. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in the SE 1/4 of Section 8, Township 48 South, Range 25 East, Collier County, Florida. The property is currently vacant and located on the west side of Vanderbilt Road approximately 3/4 mile north of Wiggins Pass Road. B. The zoning classification of the subject property prior to the date of this approved PUD Document was A (Agriculture). 1.5 PHYSICAL DESCRIPTION The 41.0 + acres Glen Eden on the Bay parcel includes 29.6 + acres of uplands and 11.4 acres of wetlands. The site's topography and surface flow generally run down hill to the west. The eastern three-quarters of the site is uplands and consists of a combination of habitat types which includes rosemary scrub, xeric oak scrub, scrubby flatwoods, and live oak forest. The western one-quarter of the parcel quickly transitions into the intercoastal waters which consists of four habitat types. These types include, from east to west: bay swamp forest, salt marsh, disturbed areas and finally mangrove forests. Water management for the project is planned to be lake retention. Elevations within the project site range from 3.7 to 12.7 feet NGVD, 1929. The property is located within Flood Zone AE, having a base flood elevation of 11' and 12', per the Federal Emergency Management Agency Flood Insurance Rate Map//120067 0187 E, dated August 3, 1992. The soil types on the site are Myakka fine sand, Satellite fine sand and Durbin muck. 1.6 PROJECT DESCRIPTION The project will be a high quality residential community with a maximum of 94 single family lots. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Glen Eden On The Bay PUD, Planned Unit Development Ordinance". 1999 SECTION 1 PROPERTY OWNERSHIP AND DESCRIFFION 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 Glen Eden On The Bay PUD. 1.2 LEGAL DESCRIFrION PROPERTY DESCRWTION The North-half (N¼) of the South-half (S~h) of the Southeast quarter (SE%) of Section 8, Township 48 South, Range 25 East, Collier County, Florida, (less and except the East 50 feet thereof). J A N 2 6 1999 STATEMENT OF COMPLIANCE The development of approximately 40.93 :[: acres of property in Collier County, as a Residential Planned Unit Development to be known as Glen Eden On The Bay PUD, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Residential Project 1. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The subject property 's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable forthcoming land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 .H and L of the Future Land Use Element. 6. The project development is planned to protect the function of natural d/'ainage and recharge systems as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The projected density of 2.3 dwelling units per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the following relationships to required criteria: Base density: 4 dwelling units per acre 8. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. [ NAoG,~~ 6) JAN 2 G 1999 TABLE OF CONTENTS Statement of Compliance i SECTION i Property Ownership & Description 1 SECTION 2 Project Development Requirements 3 SECTION 3 Residential Plan 7 SECTION 4 Development Commitments 10 SECTION 5 Preserve Area 11 SECTION 6 Development Commitments 12 EXHIBIT A Master Plan JAN 2 6 1999 I:'cj :, .~,_ GLEN EDEN ON THE BAY A PLANNED UNIT DEVELOPMENT Regulations and Supporting Master Plan Governing the Glen Eden On The Bay PUD A Planned Unit Development Pursuant to Provisions of The Collier County Land Development Code Prepared For: Glen Eden On The Bay, L.P. ' 14510 Vanderbilt Drive Naples, Florida 34110 Prepared By: Bob Thinnes, AICP Q. Grady Minor and Associates, P.A. Civil Engineers ~ Land Surveyors · Planners 3800 Via Del Rey Bonita Springs, Florida 34134 Date Filed 7/16/98 Date Revised 11/23/98 Date Approved by BCC -- ORDINANCE NUMBER EK IB~~ / F:GEI .PUD H r~ JAN ~ 6 1999 1 2 3 4 PASSED AND DULY ADOPTED by the Board of County 5 Commissioners of Collier County, Florida, this __ day of 6 , 1999. 7 s BOARD OF COUNTY COMMISSIONERS s COLLIER COUNTY, FLORIDA 10 11 12 ATTEST: 13 14 BY: 15 Chairman 16 DWIGHT E. BROCK, Clerk 18 19 2o Approved as to Form 21 and Legal Sufficiency 22 23 25 Student 26 Assistant County Attorney 27 28 P~-9B-90~CE/ 29 :, JAN 2 6 1999 -2- I ORDINANCE NO. 99- 2 4 AN ORDINANCE AMENDING ORDINANCE NI/MBER 91-102 5 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH 6 INCLUDES THE COMPREHENSIVE ZONING REGULATIONS 7 FOR THE UNINCORPOEATED AREA OF COLLIER COUNTY, e FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS 9 MAP NUMBER 8508S; BY CHANGING THE ZONING 10 CLASSIFICATION OF THE HEREIN DESCRIBED REAL 11 PROPERTY FROM "A" AND "A-ST" RLFAAL AGRICULTURE 12 TO "PUD" PLAN'NED UNIT DEVELOPMENT KNOWNAS GLEN 13 EDEN ON THE BAY FOR A MAXIMUM OF 94 SINGLE 14 FAMILY DWELLING UNITS, FOR PROPERTY LOCATED ON 15 THE WEST SIDE OF VANDERBILT DRIVE (C.R. 901) 16 APPROXIMATELY ~ MILE NORTH OF WIGGINS PASS ROAD 17 (C.R. 888), LOCATED IN SECTION 8, TOWNSHIP 48 18 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, 19 CONSISTING OF 40.93± ACRES; AND BY PROVIDING AN 20 EFFECTIVE DATE. 21 22 WHEREAS, Mark W. Minor of Q. Grady Minor & Associates, 23 representing Glen Eden on the Bay Limited Partnership, 24 petitioned the Board of County Commissioners to change the 25 zoning classification cf the herein described real property; 26 NOW, THEREFORE BE IT ORDAINED by the Board of County 27 Commissioners cf Collier County, 'Florida: 28 29 The zoning classification of the herein described real 30 property located in Section 8, Township 48 South, Range 25 31 East, Collier County, Florida, is changed from "A" and "A-ST" 32 Rural Agriculture to "PUD" Planned Unit Development in 33 accordance with the Glen Eden on the Bay PUD Document, attached 34 hereto as Exhibit "A" and incorporated by reference herein. The 35 Official Zoning Atlas Map Number 8508S, as described in 36 Ordinance Nun%her 91-102, the Collier County Land Development 37 Code, is hereby amended accordingly. 38 39 This Ordinance shall become eEfective upon filing with the 4o Department of State. 41 42 43 No JAN g 6 1999 -1- Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners C,I~ADY MINOR, P.E. ALAN V. ROSEMAN MARK W. MINOR, P.E. ROBERT W. THINNES, A.I.C.P. C. DEAN SMITH, P.E. ERIC V. SANDOVAL, P.S.M~ DAVID W. SCHMITL P.E. December 30, 1998 Mr. Ronald Nino Collier County Planning Services 2800 N. Horseshoe Drive Naples. FL 34104 RE: Glen Eden on the Bay PUD PUD-98-9 Dear Mr. Nmo: Please find attached two (2) copies of the PUD Document that have been revised pursuant to the request of Marjorie M. Student, Assistant County Attorney. The ownership of the property is as follows: Property Owner: Glen Eden on the Bay, L.P., a Delaware Limited Partnership Managing Partners: Mr. Henry Littier Mr. Gary Kinsella General Partners: Western Sales and Development Company, a Delaware Corporation Mr. Harry Littler, President Mr. Gary Kinsella, Vice President If you have any questions or need of any additional information, please do not hesitate to contact our office. Bob Thinnes. AICP Attachment cc: Gary Kinsella i JAN 2 6 1999 (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com ~ 3800 Via Del Rey · Bonita Springs, Florida 34134 ] P~. ~ LIST OF CONSULTANTS ENGINEER: MARK W. MINOR, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. 3800 VIA DEL REY BONITA SPRINGS, FL 34134 ENVIRONMENTAL: PASSARELLA & ASSOCIATES, INC. 4575 VIA ROYALE, SUITE 104 FORT MYERS, FL 33917 PLANNER: BOB THINNES, AICP Q. GRADY MINOR & ASSOCIATES, P.A. 3800 VIA DEL REY BONITA SPRINGS, FL 34134 JAN g 6 1999 ._ t 1. IS PROPOSED USE PF OtlIBI'FED BY DEED RES'II~iCT~ONS7 Yes X No t~' YES, PROVIDE COPY OF TI[E DEED RESTRICTIONS. 12. IS 'HadS REQUEST A I;ESULT OF A VIOLATION'~ No [F SO, TO WHOM WAS THE, NOTICE SERVED7 __ 13. HAS A PUBLIC HEAI~ ING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NKcLE? No 14. ARE THERE EXISTLN ..3 STRUCTLrRES ON THE PROPERTY? .No TYPE: CBS , FRA~ME , MOBILE HOME , OTHER We. Gary Kinsella being first duly sworn, depose and say that I am axe the owners of the property tiescribed herein and which is the subject matter of the proposed hearing; .. - that all the answers to the ques ions in this application, and all sketches, data, and other supplementary matter attached to and made a ]tort of this application, arc honest and true to the best of our knowledge and belicf. I understand this application must be completed and accurate before a hearing can be advertised. I further permit th: undersigned to act as our representative in any matters regarding this Petit/on. .. SIGNATURE OF OWNER SIC Gaery insella., SIGNA OF AGENT '' State of Florida Mar W. Minor, P.E. County of Collier . ' . The foregoing'Appllcat on was acknowledg d before I d of me this _ ay _, ... by ~'o-c,.q ~-i.-~. ex. ~ e~ , .who is personally known to me or who has produced as id ' cation and who did (did not) take an oath. (Signature of Notary Public) ('PEnt Name of Notary Public) .~r~.}....~...../~..~.~c.~a~ N 0 TAR Y P LIB L/C Serial/Corn. mission f# My Commission Expwes: CU/PUD/RF2,0NE APPLICATIONXn d/4/l 7B8 JAN 2 S 1999 3. DETAILED LF. GAI. DESCRIPI'ION OF 'rile PROPERTY COVERED BY THE APPr.ICA'HON (If sp; ce ,s madequate, attach on s~.'parate pagc. If request involves change to more than ore: zoning :h:;tnc:, azxcludc separate [t:gal descriptmn for property revolved in each dSstnct. lfpmp,:rty is ~,dd-shapcd, submit four (,l) copms of stnvcy CI" to 4(j0' .~caic). THE APPLICANT [S RESPONSIBLE FOR SUPPLYI2NG 'FFLE CORRECT LEGAL DESCRIPTION. rF QUESTIONS ARISE (:ONCEP~ViNG THE LEGAL DESCRIPTION, AN ENGENEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 0 B TOWNSHIP 48 S RANGE 25 E The North-half (N½) of the South-half (S½) of the Southeast quarter (SE¼) of Section 8, Township 48 Southr Range 25 Eastt Collier County, Florida, (less and excep~ the eas.t 50 fe~ thereof) . 4. Size of property 2610 _+ f~. X 680 + fL Acres 4 O. 93 ' ' ' 5. Address 0r location of subject propeny On the west .Side of Vanderbilt Drive approximately 3/4 mile north of Wiggins Pass Road. 6. Existing ]and clcvatio~.. 3.7'-12.5' CountyFloodCdte~aE]eva~on ll'-and 12' 7. a_ Datesubjectpropertyacquired~)orlcased(): 1st dayof June_ .. ~ 19 98 Term of lease yrsJmos. b. If, Petitioner t' as option to buy, indicate date of option: and date option termi~ ales: 8. Does property owner ~,wn contiguous property to the subject property? If so, give complete legal description of entire c,,ntiguous property. (If space is inadequate, attach on separate page). No 9. THIS APPLICATIOI~I IS [NXENDED TO COVER: (Check which type of petition your are requesting): A.REZONING: P [LESENT ZONING A KEQUESTED ZONTNG P UD FOR 94 Residential single family lots. B. PRO~qSIONAJ. USE OF ZONING FOR I0. REASON WHY APPLICATION SHOLFLD BE APPROVED (Attach addltiona] sheets if necessary): The pro~ect is compatible with surroundin~ land uses, has public s. er. vices available and is consistent with the Collier ~ou~ty Land Development Code and Growth Management Plan. j o ~ i - JAN 2 6 1999 2 DAT~ .'tPPLf(~ATION FOR PrfBLIC fiEAgING FOR STk~ ) ~ZO~ ~ CO~ON~ USE EQ~STS PLI ,~ ~T DE~LOPM~ EQESIS CO~~ DEVt ~LOP~NT ~ E~O~~ SER~CES D~SION ~NT PL~'G I. N~eofApplicant(s)_ Gary Kinsella, Glen Eden on the Bay,_~p. Applicant'sMai]ingAd&oss 14510 Vanderbilt Drive Ci~ Naples State Florida Zip 34110 App]ic~Ps Totophono ~umkr: Res.: B~.: Is ~e applicant the o~ ,er of tht subject prop~? X Yes No (a) If app]ican~ is a ]~d ~st, so indicate and nine benefici~es below- ~) If sppHc~E is co~ora~on oth~r tk~ a public coloration, so indicata ~d o~cers ~d m: ,jot sto~o]dcrs X (c) ~ spptican' is a p~S~p, limited pa~hip ~ o~er business ¢nd~, so indicate ~d ~me p~n, :ipals below. (d) If app]ic~ {s ~ o~, i~dicate exactly as recorde~ and list all o~ o~s, if~y. (e) If applicm.t ~s ~ Jesse, a~nh copy of lease, ~d indicate actual o~s if not indicated on · ~ (D If spp]ic~ t is a ~nnct p~chas~. a~ach copy of con~ac~ ~d indicate actual o~e~s) ~mf and ~d&oss below. · See A~ched Ga~ K~sella, ~ag~g P~er (If space is inadequate, attach an separate page.) 2. NameofAgcnt Ma?rk W. blino~ Firm Q- Grady Minor & Assoc., P.A. Agents Mailing Addreis ,. 3800 Vii~ Del Rey City Benira Sprinqs State FL Ztp 34134 Telephone, Number: P. :s.' Bus.: ( 941 ) 947 - 11 ~ ~ N~C:~,~' ?~J/ JAN g 6 1999 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. Summary_ Findings: This site in pan is zoned "A-ST" rural Agricultural. To deny rezoning would be to deny the property owner the right to use the land in a manner consistent with the GMP. 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. Summary Findings: The site will be altered to the extent necessary, to execute the 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 Findines: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. NOTE: GMP as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Use Element of the GMP. PUD-98-9 REZONE FINDINGS/md 6 jAN 6 1999 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: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Growth management Plan. a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is 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 is zoned Rural Agricultural. The revision serves to allow the petitioner to develop the property consistent with provisions of the County's Comprehensive Plan. 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 Growth Management Plan. a policy statement which has evaluated the scale. density and intensity of land uses deemed to be acceptable for this site. JAN g 6 1999 5 8. Whether the proposed change will create a drainage problem; Pro: (i) The project design for storm water management will be designed in accordance with Collier County requirements and the rules and regulations of the South Florida Water Management District. Con: (i) None. Summary Findinas: 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. 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 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; Pro: (i) Typically urban intensification increases the value of contiguous underutilized land. Other orientations deal with similar land use, and therefore should have no detrimental effect on land value. Con: (i) 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. ,, i jAN 2 6 1999 Summary Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Contiguous relationships are with residential communities clearly a compatible relationship. Con: (i) None. Summary Findings: The proposed change 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. The only contiguous residential development lies adjacent to the proposed golf course. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding !and 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) All ingress and egress to the property is via Vanderbilt Drive with access requirements. which provide for best management practices relative to turn lanes. (ii) No traffic level of service will be abridged by this approval which is the principal criteria for evaluating traffic impacts. Con: (i) None. 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. tum lanes. traffic signals. dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. 3 JAN 2 6 1999 Surrounding: North- To the north the property abuts the Waterglades PUD (Villages at Emerald Bay) which is developed with multiple family structures and is zoned PUD. East - To the east lies Vanderbilt Drive and opposite the subject land lies the western end of multiple family development in the Retreat PUD. South- To the south lies the Arbor Trace single and multiple family community which is congregate living/ALF housing project. Arbor Trace is a PUD. West - To the west the land is undeveloped. all of which is pan of a jurisdictional wetland system. upon which no development is expected even though the land is zoned RSF-3ST. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary Findings: The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of the land simply implements a part of the GMP FLUE Urban Designation, an action which is expected given that timing is appropriate. Availability of adequate infrastructure. nearby urban development, support the timing relationship and justify revisiting the PUD and amending its development strategy. 4. Whether existing district boundaries are iliogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summary Findings: The district boundaries are logically draw~ and in part predetermined by the FLUE to the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. i N _ / ,JAN 2 6 1999 2 i Po. _ /~"' REZONE FINDINGS PETITION PUD-98-9, GLEN EDEN 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. Summan' Findings: The proposed development is in compliance with the Future land Use Element of the Growth Management Plan tbr Collier Countv and all other elements, their objectives and policies. Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses this same finding. 2. The existing !and use pattern; Pro/Con: Evaluation not applicable. Existing: The subject propert>' is an undeveloped 41 acre site located on the' west side of Vanderbilt Drive approximately 1/: mile north of Wiggins Pass Road. A little over seventy percent (29+ acres) of this site is comprised of rare. high qualit.,,' upland habitats. They are. rosemary. scrub. scrubby flatwoods. xeric oak scrub and live 6ak hammock. A small fraction of the upland habitats are proposed to be preserved. The remaining 11.4 acres are jurisdictional wetlands. per the agency reviews by South Florida Water Management District (SFWMD) and the United States Army Corps of Engineers (ACOE). A little over ten acres of wetlands will be preserved. A listed plant and wildlife species survey was conducted in the uplands with specific care to survey for gopher tortoise (Gopherus polyphemus). Within the rosemary scrub. xeric oak scrub and the scrubby fiatwoods. 77 active and inactive burrows were identified. The property is zoned "A-ST" Rural Agricultural With overlay district. 1 i JAN g 6 1999 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. Findim,: 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 particular housing structures and associated area requirements. FINDINGS FOR PUD-98-9/md jAN g 6 1999 Con: (i) None. Findine:The subject petition has been found consistent with the goals. objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. 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: (i) Land uses are compatible with adjacent properties. (ii) PUD development standards are consistent with standards employed by PUD's that have been successfully marketed. Con: (i) 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. Finding: The amount of open space set aside by this project is greater then 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. Findine: Timing or sequence of development in light of concurrency requirements is not a significant problem. See finding No. 1. also applicable for this finding. 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 system. potable water supplies. characteristics o[ the N~%B.~t'~ ,~,_Z-~' relative to hazards. and capacity of roads. is supportive of conditions epanating from ~ JAN 2 6 1999 FINDINGS FOR PUD PUD-98-9, GLEN EDEN Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Public utilities and highways are in place to support the planned uses of the land (ii) Physical characteristics of adjacent land as represented by their use are clearly compatible with the planned use. Con: 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. 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. 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 described by the PUD is structured to be consistent with all applicable goals, objectives and GMP. - -_- - F'c]. // Community Services Support Facilities - Both fire. police and other emergency services can be readily provided from the appropriate provider jurisdiction. The North Naples Fire District has a station at Vanderbilt Drive and 9'h Street a distance of approximately 1½ miles. Master Plan and PUD Development Standards: Master Plan - The master plan iljustrates Land Development Code requirements relative to landscape buffers and water management facilities via a series of lakes. An internal roadway system serves to establish distinct building areas along the proposed local street system. PUD Regulations/Development Standards - The PUD regulations only provide for a single family detached home. The development standard most closely resemble the reduced lot width, area and setbacks allowed for cjuster housing development and a standard similar to many single family portions of PUD's throughout Collier County. Building heights are limited to two stories. Adjacent projects have both two story and multi-story accidental structures. STAFF RECOMMENDATION: T the Collier County Planning Commission recommend approval of Petition PUD-98-9 as ibed by the Ordinance of Adoption and Exhibits thereto (i.e. Glen Eden PUD document). ~NAL~'F~. NINO, AICP I~AT~." CURRENT PLANNING MANAGER REVIEWED BY: A ,//Z/c, ,//- q RO~I/ERT J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR A : ,' VINICENT:~. CX'UTERO, XICP, ADMINIST TO DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-98-9 Staff Report for the December 3, 1998 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: ~RUET, CHAIRM"'%?"~~AN .. ~ JAN 2 6 1999 Regarding the standard of compatibility, the residential development proposed is less intensive than residential projects on either side (i.e. Waterglades 5.75 d.u.'s per acre and Arbor Trace 5.34 d.u.'s per acre) and is clearly compatible due to its residential character. Timing of development. criteria intended to maximize the utilization of public infrastructure clearly favors the rezoning of this land to an urban function because all required and supporting urban infrasture is in place (i.e. sewer, water, community facilities and services, etc.). Traffic - Analysis for consistency with TCE policies advised that this project will not have a significant impact as measured by TCE policies and, is therefore, technically consistent. Approval of this project will not cause Level of Service standards to be exceeded. In any event, should development in the Vanderbilt Drive corridor cause "LOS" deficiencies to arise there is an established procedure for correcting said deficiencies, or otherwise establishing a moratorium on the issuance of building permits. Policy 7.3 of the TCE requires the provision of safe and convenient on-site traffic flow and the need for adequate parking. Staff has reviewed the layout of the PUD Master Plan and finds the following: Required entryway geometry including turn lanes should establish a safe means of entry and exiting from this project. Emergency evacuation personnel advise that it is desirable that the project be interconnected at best with an emergency access provision thru Arbor Trace. This petition is deemed to be consistent with Policy 7.3 of the TCE. It should be noted that the fina' traffic circulation system design is subject to the Access Management Plan. The access will also be reviewed at the time of site development plan review (SDP) or preliminary subdivision plat review (whichever is required). It should be noted that Policy 9.3 of the TCE encourages the interconnection of local streets between developments to facilitate the convenient movement throughout the local road network. Both developments to the north and south are gated communities and therefore a requirement for interconnection of local streets is not possible. however, staff is recommending that the first cul-de- sac be extended all the way to the south property line so that emergency usage is possible between the two projects should it become necessary. Transportation engineering stipulations contained within the PUD address the need to install turn lanes at all project entrances and for the developer to pay a proportionate share of the costs of required traffic signals. Utility Infrastructure (i.e. Sewer, Water, Storm Water - Development occurring at this property will be connected to the County's sewer and water distribution system. evidence which further attests to the timeliness of development of property. All development must comply with surlhce water management requirements invoked at the time of subdividing or approval of SDP's whichever first occurs. ' jAN 2 6 1999 EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff. Public Utilities and the Transportation Services Department staff. Staff recommendations are included in the development commitments sections of the PUD. This petition was further reviewed and recommended for approval by the EAC on November 4, 1998. Recommended stipulations for approval are now included in the PUD. 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 overv'iew. The listed criteria are specifically noted in Section 2.7.2.5 and 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 Cornmission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria noted, and are categorized as either pro or con, whichever the case may be. 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 use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan and all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation, infrastructure (i.e. sewer. water, storm drainage and private utilities) and other infrastructure (i.e. community facilities and services) 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. 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. This petition is consistent with the FLUE to the GMP because the FLUE designates this area as residential and establishes a maximum density of three (3) dwelling units per acre both of which criteria are met by this petition. 1999 Future Land Use Element - This petition is consistent with the FLUE because it consists of a residential development at a density of 2.3 dwelling units per acre which is less than otherwisr allowed by the density rating system which is 3.0 units per acres. Traffic Circulation Element - The ITE Trip generation manual indicates that this petition will generate approximately 897 average weekday trips at build-out after trip adjustments are made. The total AM Peak Hour Trips are approximately 75 while the PM Peak Hour trips are 102. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Vanderbilt Drive after trip adjustments and assignments are made. However, this petition will not lower the level of service below the LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 & 5.2 of the Traffic Circulation Element (TCE). Conservation and Open Space - Approximately forty-two (42%) percent of the land will be preserved or used as water management/lake amenities. Qualifying open space is required to constitute at least sixty (60) percent of residential developments. When the normal amount of open space attributable to individual lot development is accounted for (i.e. typically at least 30%) more than sixty (60) percent of the land in this project will qualify as open space. Appropriate stipulations will be included in the PUD to assure compliance with conservation, and native vegetation retention requirements and to require consistency with these elements of the GMP. Water, Sewer and Storm Water Management - The subject property is served by the County's sewe system and water system. The project will be designed according to LDC requirements for storm water management. During the site development plan approval process any approved plan will be required to be consistent with all relevant provisions of the LDC. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located within an area of historical and archaeological probability or known archaeological site as designated on the official Collier County Probability Map. Therefore, an historic and archaeological survey and assessment conducted by a Certified Archaeologist is required to be submitted to the Planning Services Department for review and recommendations prior to the CCPC public hearing. The resulting recommendations and findings shall be presented to the CCPC for incorporation into the local development order. The Historic Preservation Board shall also be provided an opportunity to review the survey and assessment so they may present their recommendations. It should be noted that properties with a low potential for historic or archaeological artifacts may qualify for a waiver from the Historic and Archaeological Survey and Assessment requirement. Such a request was made and approved subject to a provision that any accidental find during the construction phase would stop all construction. 3 J A N 2 6 1999 Wiggins Pass Road. A little over seventy percent (29+ acres) of this site is comprised of rare. high quality upland habitats. They are, rosemary scrub, scrubby fiatwoods. xeric oak scrub and live oak hammock. A small fraction of the upland habitats are proposed to be preserved. The remaining 11.4 acres are jurisdictional wetlands, per the agency reviews by South Florida Water Management District (SFWMD) and the United States Army Corps of Engineers (ACOE). A little over ten acres of wetlands will be preserved. A listed plant and wildlife species survey was conducted in the uplands with specific care to survey for gopher tortoise (Gopherus polyphemus). Within the rosemary. scrub, xeric oak scrub and the scrubby flatwoods, 77 active and inactive burrows were identified. The property, is zoned "A-ST" Rural Agricultural with an "ST" overlav district. Surrounding: North- To the north the property abuts the Waterglades PUD (Villages at Emerald Bay) which is developed with multiple family structures and is zoned PUD. East - To the east lies Vanderbilt Drive and opposite the subject land lies the western end of multiple family development in the Retreat PUD. South- To the south lies the Arbor Trace single and multiple family community which is a congregate living/ALF housing project. Arbor Trace is a PUD. West - To the west the land is undeveloped. all of which is pan of a jurisdictional wetland system, upon which no development is expected even though the land is zoned RSF-3ST. GROWTH MANAGEMENT PLAN CONSISTENCY: The property is located within the urban-mixed use - urban residentially designated area on the Future Land Use Element of the Collier County Growth Management Plan. This designation provides for all manner of residential development. A consistency evaluation with applicable elements of the GMP advise as follows: ~ JAN g 6 1999 AGENDA ITEM 7-G MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: NOVEMBER 3, 1998 RE: PETITION NO: PUD-98:9, GLEN EDEN ON THE BAY OWNER/AGENT: Agent: Mr. Mark W. Minor, P.E. Q. Grady Minor & Associates. P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Owner: Gary Kinsella Glen Eden On The Bay, L.P. 14510 Vanderbilt Drive Naples, Florida 34110 (see application for owner/buyer details) REQUESTED ACTION: This petition seeks to rezone certain lands located on the west side of Vanderbilt Drive, from its current classification of "A ....ST" - Rural Agricultural with an "ST" overlay. to "PUD" Planned Unit Development. GEOGRAPHIC LOCATION: The property is located on the west side of Vanderbilt Drive. approximately 1¼ miles north of 111th Avenue N. (see location map following page) PURPOSE/DESCRIPTION OF PROJECT: The development scheme iljustrated by the PUD Master Plan and PUD development regulations provide for a residential, single family development to consist of ninety-four home sites, and supporting recreation amenities. The development is intended to be a private gated comnmnity. SURROUNDING LAND USE AND ZONING: Existing: The subject property is an undeveloped 41 acr~ site~.lii?&drv6~r2 the west side of Vanderbilt Drive approximately~ ½ mile north o~(~){ !' JAN 2 g 1999 PREP D BY 1 K RONALD F. NINO, AICP DATE CURRENT PLANNING MANAGER REVIEWED BY: LHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCEN/T A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-98-9 EX SUMMARY/md JAN 2 6 1999 4 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. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. In view of the consistency findings staff finds that there is no negative or other adverse impact resulting from the adoption of this petition. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability or known archaeological site as designated on the official Collier County Probability Map. Properties with a low potential for historic or archaeological artifacts may quality for a waiver from the Historic and Archaeological Survey and Assessment requirement. Such a request was made and approved subject to a provision that any accidental find during the construction phase would stop all construction. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition PUD-98-9 (Glen Eden On The Bay) as described by the Ordinance of Adoption and Exhibits thereto (i.e. Glen Eden PUD). 1999 development influence (RDI). Therefore, the project is consistent with Policy 5.1 & 5.2 of the Traffic Circulation Element (TCE). Conservation and Open Space - Approximately forty-two (42%) percent of the land will be preserved or used as water management/lake amenities. Qualifying open space is required to constitute at least sixty (60) percent of residential developments. When the normal amount of open space attributable to individual lot development is accounted for (i.e. typically at least 30%) more than sixty (60) percent of the land in this project will qualify as open space. Appropriate stipulations will be included in the PUD to assure compliance with conservation, and native vegetation retention requirements and to require consistency with these elements of the GMP. Water. Sewer and Storm Water Management - The subject property is served by the County's sewer system and water system. The project will be designed according to LDC requirements for storm water management. During the site development plan approval process any approved plan will be required to be consistent with all relevant provisions of the LDC. With respect to the relationship of compatibility the residential development proposed is less intensive than residential projects on either side (i.e. Waterglades 5.75 d.u.'s per acre and Arbor Trace 5.34 d.u.'s per acre) and is clearly compatible due to its residential character. All staff with jurisdictional responsibilities were given an opportunity to identify jurisdictional needs resulting from development at this project'. Their response, identifying conditions needed to assure consistency with the GMP or LDC are reflected in the PUD Document. All rezoning actions require a findings on the part of the Collier County Planning Commission (CCPC) based on the provisions of Section 2.7.2.5. A preponderance of the rezone finding support an action to rezone the subject lands to the Planned Unit Development zoning district. The rezone findings are formatted to give both reasons for or against a decision to rezone the property. Said findings are included in this Executive Summary submission together with the staff report which is approved by the CCPC. The Collier County Planning Commission heard this petition on December 3, 1998 and unanimously recommended approval of this petition as presented. No written objections were received. Several people from the project to the noah expressed concern over the loss of this natural habit but specifically did not object to some development of this land. FISCAL IMPACT: This amendment by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The Co.unty impact fees prior to the issuance of building permits to help off-set the impact df each-~~/ 2 EXECUTIVE SUMMARY PETITION NO. PUD-98-9, MARK W. MINOR OF Q. GRADY MINOR & ASSOCIATES, REPRESENTING GLEN EDEN ON THE BAY LIMITED PARTNERSHIP, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS GLEN EDEN ON THE BAY FOR A MAXIMUM OF 94 SINGLE FAMILY DWELLING UNITS, FOR PROPERTY' LOCATED ON THE WEST SIDE OF VANDERBILT DRIVE (C.R. 901) APPROXIMATELY ~ MILE NORTH OF WIGGINS PASS ROAD (C.R. 888), IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.934- ACRES. OBJECTIVE: This petition seeks to rezone certain lands located on the west side of Vanderbilt Drive, from its current classification of "A" "ST" - Rural Agricultural with an "ST" overlay, to "PUD" Planned Unit Development. CONSIDERATIONS: The property is located on the west side of Vanderbilt Drive, approximately 1 ~A miles north of 111th Avenue N. and ~ mile north of Wiggins Pass Road. The development scheme iljustrated by the PUD Master Plan and PUD development regulations provide for a residential, single family development to consist of ninety-four home sites, and supporting recreation amenities. The development is intended to be a private gated community. The property is located within the urban-mixed use - urban residentially designated area on the Future Land Use Element of the Collier County Growth Management Plan. This designation provides for all mannerof residential development. A consistency evaluation with applicable elements of the GMP advise as follows: Future Land Use Element - This petition is consistent with the FLUE because it consists of a residential development at a density of 2.3 dwelling units per acre which is less than otherwise allowed by the density rating system which is 3.0 units per acres. Traffic Circulation Element - The ITE trip generation manual indicates that this petition will generate approximately 897 average weekday trips at build-out after trip adjustments are made. The total AM Peak Hour Trips are approximately 75 while the PM Peak Hour trips are 102. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Vanderbilt Drive after trip adjustments and assignments are made. However, this petition will not lower the level of service below the LOS "D" standard within the project's radius of ' JAN ~ 6 1999 1 DIANE MUENZE GONZALEZ 809 WalkerbiB Road, Suite 3 Naples, Florida 34110 (941) 649-0088 PROFESSIONAL Admitted Federal Court - Middle District Member of the Florida Bar ~ Member of the Collier County Bar Associan'on Chairman - Historical & Archeological Advisory Board ED UCA TION UNIVERSITY OF MIAMI - Bachelor 19 70 UNIVERSITY OF MIAMI SCHOOL OF LAW Coral Gables, Florida Juris Doctor Degree: Januar);, 1986 Honors: Dean's List - Spring Semester, 1985 Fall Semester, 1985 Activities: Forum - Student Bar Association Florida Association of Women lawyers LEGAL EXPERIENCE Sole Practitioner \, October, 1989 - Present Criminal law - extensive trial experience in Federal and State Court Also specialize in Immigration Law, Persotu~l Injury and Family Law Office of the Public Defender, Collier County, Florida February, 1988- October, 1989 Attorney: Felony Division ~ Independently matraged a caseload including all phases of client representation; arraignments, depositions, legal research, pre-trial motions, client interviewing wid counseling, plea bargaining, pre-trial hearings, jury and non-jury trials, sentencing and appeals. July, 1986 - February 1988 Attorney.' Juvenile, Criminal Traffic and Misdemeanor Divisions Independently managed a separate case load simuhw~eously in each division which included all phases of client r, t~, ~ " " ' JAN 2 6 1999 August 25, 1998 VIA FACSIMILE TRANSMISSION - 774-3602 Sue Filson, Administrative Assistant Board of Collier County Commissioners Collier County Courthouse 3301 East Tamiami Trail Naples, FL 34112 Re: Historical/Archaeological Preservation Board Advisory Committee Term Expiring October 1, 1998 Dear Ms. Filson: Pursuant to your letter dated August 7, 1998, I am writing to inform you that I wish to renew my membership on the Collier County ~ Historical and Archaeological Advisory Board. I have accumulated a great deal of knowledge and experience since becoming a member of this Board. I feel my prior experience will make me a more effective member if I am asked to serve a third term. Please find enclosed a current updated resume for your review. Thank you for your consideration and attention to this matter. I remain, Sincerely, · .' '~- _Y,' ~ :~'' .... ' ..... , ' ..... : '~-- i,.. ~ DMG/cb Enclosure X'GENDA ITEM No . /O, JAN 2 6 1999 · JOANNE MARRO QUINN 1084 Sixth St. S. Naples, FL 34102 (941) 261-9468 Education: Mercy College, White Plains, New York - Paralegal Program SUNY Albany, New York - BS (Biology, Chemistry, Physics) MS (Education) Alfred Ag-Tech College, Alfred, New York - AAS (Medical Tech.) * recipient of 14 educational grants--National Science Foundation, NASA, Dept. Of Energy, Audubon * certified in NY - school district administrator, teacher of science K-12 * certified in NJ - supervisor of science, teacher of science K-12 * certified in Calif. -teacher of science 7-12 Former Leadership Roles: State Director, Science Teachers Assoc. of N.Y.S. Chair, Westchester Section, Science Teachers Assoc. of N.Y.S. Pres., Westchester/Rockland Science Supervisors Assoc. Pres., Granada Condo Assoc., White Plains, NY Science Supervisor, Edgemont Jr/Sr HS, Scarsdale, NY Co-Chair, Tri-County Science/Technology Fair Professional Accomplishments: * professor at Marymount College, Summer Math/Science For Girls * tagged Monarch Butterflies, National Geographic migration study * developed Outdoor Ed. program for 5th Graders at Brookside School, Ossining, NY * supervised student teachers with elementary science major * participated in Middle States evaluation teams * initiated & coached Science Olympiad Team at Edgemont HS * created and taught computer courses for gifted students at Teachers' College, Columbia Univ. * recipient of $4000+ grant for Physics-Teach To Learn Volunteer Activities: president-elect, American Assoc. of University Women, Naples Branch docent at Palm Cottage volunteer at the Collector's Corner, Philharmonic Center co-chair Alliance For Informed Voters set-up volur~teer program, Marine Habitat Foundation, Naples Aquarium' Organizations: Science Teachers Assoc. of N.Y.S, American Assoc. of University Women, Naples Branch Collier County Historical Society, Inc. Women's Republican Club of Naples Federated N - The Women's Political Caucus of Collier County J A N 2 6 1999 F ECEIVED AUG ?-7 1998 Joanne Marro Quinn P.O. Box 8142 ~,.'>.a,,'~ 0" !:c, un%v '~:cmm,.iss~c Naples, FL 34101-8142 (941) 261-9468 (941)261-4674 fax August 26, 1998 Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Mrs. Filson: On October 1, 1998, I will complete serving a six month term on The Historic/Archaeological Preservation Board representing the category of Citizen-At- Large. Today. I submit my candidacy for a full three year term position. Over the past few months, I have endeavored to fulfill my commitment of dedication and responsibility. I have furthered my knowledge of Collier County through site visitations, and map and code readings. The prospect of participating in staff workshops would be a priority for me. Two years ago, I retired from over twenty-five years in science education. For me, Archaeology opened the door to history, making it relevant. Preserving keys' to learning insures the future. I would like to help. Please consider my application to serve my community. Sincerely yours, JAN 2 6 1999 Pg--- ! -- MEMORANDUM DATE: August 31, 1998 TO: Robert Mulhere, Current Planning Man oe FROM: Sue Filson, Administrative Assist~ Board of County Commissioners ' RE: HistoricalJArchaeological Preservation Board As you kno~v, we currently have 2 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 follo~vs: Joanne Marro Quinn 1084 Sixth Street S. Naples, FL 34102 Diane M. Gonzalez 809 Walkerbilt Road, Suite 3 Naples, FL 34110 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 eategorize 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 AGgNDA I'TEM No./O C- JAN 2 6 1999 Moe Kent, Partner Larry Kent, Partner t Larry Bird, Partner Terry Archer, Project M 1207 3rd Street South, Suite 2 Naples. Florida 34102 1941 ) 435-4544 · Fax (941) 435-4546 January, 4, 1999 TO WHOM IT MAY CONCERN: Please be advised that Emilio Robau of the engineering finn of RWA Inc. is our registered agent for H/DEOUT GOLF CLUB in all permitting business associated with the golf club. Maunce D. Kent Date I-HDEOUT GOLF CLUB INC. PRESIDENT HIDEOUT GOLF CLUB LTD. PARTNER JAN g 6 1999 2375269 OR: 2464 PG: 0802 RMCORD~D in OHICIAL RICORD~ of COLLI[E COF 09/28/98 a~ 09:3lAX DWIGHT M. BROCK, CL]RK COlS ZZOoO0 R/C FIB IND!IIi6 1 DOC-.?O 1540 FIRST AHRICA~ TITH CO PICK UP THIS WARRANTY DEED Made the ./D'/'Pday of if. 'k'. A.D. 1998 by JOHN J. MAURIEL, individually, and as TRUSTEE, and MARY AN~T. MAURIEL, his wife, whose post office address is 13 Fieldstone Terrace, BrewsteL MA 02631 and DAVID R. KERSEY and BARBARA KERSEY, husband and wife, whose post office address is 2289 Arbour Walk Circle, Naples, FL 34109, Co-tenants in common with a 80%/20% respective interest, hereinafter called the Grantor, to HIDEOUT GOLF CLUB, LTD., a Florida Limited Partnership, whose post office address is 1207 3rd Street South, No. 2, Naples, FL 34102, hereinafter called the Grantee: WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, demises, releases, conveys and confirms unto the Grantee, all that certain land situated in Collier County, Florida, viz: See Exhibit "A" attached hereto and made a part hereof. Subject to restrictions, reservations and easements of record. Property ID (Tract 30) #61734380009 (Tract 30) #61734340007 firact 31 )//61734320008 TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1997. IN WITNESS WHEREOF, the said Grantor has signed and sealed these p ' . / and year first above written. I JAN 2 6 1999 Signed, sealed and delivered in our presence: jWitness #1- AS t~ Both ~~. MAURIEL,"I~USTEE Print ~'~ame of Witness /Witness #2 - As to Both JO lly Print Name of Witness M "15: ~' :_~' { ~ ' . i '~ ,'-L_ ~:. ~ W.~L~ess' #2 - As to Both BARBA~ KERSE~ C ~ ~int Name of Witn~ ~ STATE OF MASSACHUSETTS ~ The foregoing W~ty D~ was ac~owl~g~ before me this i ~ day of ~ ~; ~,-.. ~. , 1998, by JOHN J. MA~IEL, individu~ly ~d as ~US~E and ~Y ~E T. MA~IEL, ( ) who are personally known to me or ( '-,, ) who have produced drivers licenses, ( ) who have produced as identification. ,_, NOTARY'i:;UBLIC My Commission Expires: .,, /,- ,4.- STATE OF FLORIDA COUNTY OF COLLIER g Warranty Deed was acknowledged before me this /,.:~:~/day of , by DAVID R. KERSEY and BARBARA KERSEY, ( ) who are personally known to me or ( l-/~who have produced drivers licenses, ( ) who have produced as identification. ") ~,. ~ c/ ." ' .... "!" ~': ~:~-'. E:.:i>. 3.;2-;;98 NOTARY PUBLrC i~(:',~gE~TT~,~.~Ti gcE~:~:e, t?.5' S,rv,~= Za,s My Commission Expires: This Instrument prepared by: John L. Licciardi, P.A. 1400 Gulf Shore Blvd. N. Suite 208-B Naples, Florida 34102 - 3 - JAN g 6 1999 .:.ECORD[D in OFFiCiAL ~,ECGRDS of CCLLiER COUNTY, lO/12/~ st 2D:05A× DWIGHT E. BROCK. CLERK CONS i8000( DOC-.TO 125C FIRST AMERICAN TITLE CO PICK UP WARRANTY DEED THIS WARRANTY DEED Made the'~77?z day of October A.D. 1998 by PATRICIA A. TURNER, a single person, whose post off'xce address is 221:5 River Ridge Road, DeLand, FL 32720-4321, hereinafter called the Grantor, to HIDEOUT GOLF CLUB, LTD., a Florida Limited Partnership, whose post office address is 1207 3rd Street South, No. 2, Naples, FL 34102, hereinafter called the Grantee: WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, demises, releases, conveys and confirms unto the Grantee, all that certain land situated in Collier County, Florida, viz: _--- The North 1/2 of the Southwest 1/4 of the Northwest 1/4 and the Northwest 1/4 of the Southeast 1/4 of the Northwest 1/4 all in Section 25, Township 49 South, Range 26 East, Collier County, Florida. Subject to restrictions, reservations and easements of record. Property ID #00290240007 TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1997. i IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. = < , 1 JAN Z 6 1999 .... JG · , 'v 'n r presence: Wt%ess ~1 ] (,,~ 3 PATRICIA A. ER ' FDL#Tf56-681-39-901-0 ",'ivian O. Quig]ey Print Name of Witness Kimberly A. Smith Print Name of Witness STATE OF FLORIDA COUNTY OF Volusia The foregoing Warranty Deed was acknowledged before me this 7th day of October, 1998, by PATRICIA A. TURNER, ( who is/are personally known to me or ( who has/have produced drivers licenses, ( x who has/have produced FDL#T656-681-39-901-0 as identification. N(i~ARY PUBLIC deanne H. Edmunds My Commission Expires: April 8. 2000 This Instrument prepared by: Je~ne H. E~lmun~ John L. Licciardi, P.A. ....:,:'~i~:'-;;~,.. MY c0m~smo, ~ cc,.~ m.lats 14~ Gulf Shore Blvd. N. . ........~~,..,~,~ Suite 208-B Naples. Florida 34102 98re\wd -2- JAN 2 6 1999 t 2374711 0R: 2463 PG: 2839 D9/22/98 at I/:{2A~ DiIG~T ~. BROC[, CLBRI COXS I100000.00 ~C ~! 6,00 ~et~: D0C-.70 1700.00 PiCK UP Pax~xim Num~r: 517341EOOO6/5i7342CCOCE Warranty Deed This Indenture, Made d~i~ day ot , 19 ko.. Between The S.M. Group, inc., a corporation exis~n~ unde; =he laws o~ :he sta~e oE Florida ,,[ftmCoumyof Collier , s~.f Florida ,graotor~ ~ Hideout Golf Club LTD.. a Florida Limlted ~artnershi~, ~h0,t.dU~ ..... 1207 3rd Street SO. ~2, Naples, FL 34102 ~f dlf C~nW ~r , ~i~lc ,~f , Withesseth c::~ =~, GRANTOR. A,, end h~ cnn~Klcmtion of ~¢ sum of .............. ......... TEN & NO/100($~C.00) .......... ;mnte~. ~;r~udncb .nd ..1~ m ~c ~icl GRANTEEandGRA~'S ]lci~ v~ ..x,~,, mrcvcr, the ~llowm :~,.~ ..u ~,n~ ,n ,lit cs,.n~ of CO 11 i e r ~..f Florida ~0 ~,~: All of Tracts 28 and 29, Napies Farm Sites, Inc., according :c the pia~ thereof, as recorded in Plat Book 4, Page 34, Public Reccrds cf cc!l:er County, F!crida: Tract 32, Naples Farm Sl;es, inc., according tc the plat :hereof, as recorded in Plat Book 4, Page 34, Pubilc Records cf Ccl!:er County, Florida. and All cf Tracts 33 and 34, Naples Farm Sites, inc., according to the plat thereof, as recorded in Plat 3ook 4, Page 34, Public Records of Collier County, Florida. Subject :c restricticns, reservations and easements of record, if any, and taxes subsequent to 1998. :,nd die Cramor dur... hcrchy fully w,~rrnm UIc ull¢ to sa~d ia~, anU will 4IcYend lhe/~me a~lnft lawful uluim~ nt nit ~rion$ whon%s~vet. Si~~d d~ ~he S. ~. G~o~p, Z nc. ~y: ~~ (se~) Prin:e~ Name: Gv~ C~.~ Sern~lin, President wl tnes~ ~ -- P,o, Address 13355 ~.c~ L~. N~DI~, ~L 341 t0 Proted Name. _ ].-,~,:~ ,;~,-, ?,,R Witness ~ STATE OF Flor=da CO~Y OF Ccllier ~c fore~ot.~ ,..n~n, ~r,~ Rc,nowm~lcd ~tbrc mc mU ,'?/~ dny or Septe~er. t9 98 iern;rd Pout;n, Pros;den; of The S M Group, on ~h~t of d,c comorouon. He i~ ~c~..Hy known ro me ~S ~ ~ C~IRE Th~ D~ul.cnt ~rc~nrcd By: m~,.~int. l,nieraod~m.l,.A. Printed Name: :,~)~ ~JAN 2 6 1999 2~ Gn~cn G~ P~a~ Suim 2~; NOTARY PL~C :374721 0R: 2463 PG: 2857 :.:CSRDED in 0H!CIAL RBCORD~ 0f COLLIII COUNTT, ~L 2~/i2/9B at iI:48~ DWIGHT L BROCK, C01l 55000,00 'rhiSDocumcntPreparcdUva-~.a-/.isSvv'W.'t~,~ ~]C [~l Michael A. Bavieiio, Jr., Es~ire DOC',TQ Michael A. Bavielio, Jr., P.A. 1025 Fifth Avenue North Naples, Florida 34102 FIRST AMBRIC~ T!TL~ C~ Without opinion or title exa.mxnation Parcei|D~um 291961107 V rr n[v Deed This Indenture, Made this 6 AUguSt 1998 A.D.. Between Joseph E. Costa and Jo~ Costa, husband ~d wlfe and Walter D. Breeding ~d Deborah J. Breeding, husb~d ~d wife or the Cou.~ of Collier , Sa~e of Florida , gra~to~ and Hideout Golf CI~, Ltd., a Florida lmited partnership ,.l~,sc addr ...... 1207 Third Street South Suite ~2, Naples, FL 34102 or the cou.ty of Collier , Sure of Florida , grantee. ~Vitnesseth that the G~.XNTORS. for and m constrictor,on of the sum of' ........................ TEN DOL~S ($10) ....................... and other good and ~a~uabtc c0ns~dcmuon to GhNTORS in hand paid by GhNTEE. the receipt whereof is hereby ac~wl~g~, have granted. bargemeG an~ sold h~ the sald G~NTEE and GRANTEE'S helm, 5ucccsso~ ana assigns lbrcver, the Ibllowlng de$cn~ laM. simile, :.m~ an~ ~c~ng ,n n;c <'o~.ty os Collier sure The South 1/2 of the South 1/2 of the Northwest 1/4 of the Northwest 1/4 of Sectlon 25, To~ship 49 South, Range 26 Bast, Collier Co~ty, Florida. S~ject to restrictions, reservations and easeeats of record, if any, and taxes s~se~ent to 1997. Gr~tor does not warrant legal access or ~y fo~ of ingress egress to said land. and the ~mnlors do hereby fu~i.s ,,arrant tl~e nile to sald land, and will dc[cnd the same against lawlhi claims of all persons whomsoever In Witness Whereof. ,it ~nlo~s ha~c hereunto >ct their hands and scais the day and year firs1 abo',c v. nuen Signed, sealed and delivered in our presence: '~" \ - ,- ,,; -, 'Printe~ Name: L n~ ~ ;.li AN Witness s o ' h ~L5 ' '~ Witness as to Boeh ~-7~ - P..A' r.s 55 .nake mockRo #101 .... e~ng ~' ' WitheS8 S tO Ot ' ~C~,,~'~ " P.O. Address' 553$ Ranl~nske Hammock Road ~10] ' ' Napt~, Florida 34113 STATE OF Florida COUNTY OF Collier ' Ti~e 10redoing maimmere was acknowlcdgcd bclbrc m¢ this oseph'E. Costa ~d Joe Costa, husband a~d wife, and Wal~ r D. to,,~ ~ ~ ~ MyCo~ionExm "2366422 0R: 2457 PG: 0074 RBCO~ID in O~PICIAL UCOID~ of COLLIII CODifi, FL 05/02/98 at 08:5]Mi DWIGHT ]. BRI~I, CL!!I C015 TO000.O0 R.IC ~11 6.00 DOC-.70 ffO.O0 ~eta: FIIST A~IICAI TITL[ CO PIC[ UP Pa~c| ID Numl~cr: 0029016006 V arrantF Deed The S.M. Group, Inc., a n existing under the laws of the state of Florida or~hc~umyor Collier , s~mcor Florida ,gmntor, and Hideout Golf Club, Ltd., a Florida Limited Partnership wh~addrc~: 1207 T~rd S~t Suo~, Suite 2 Naples, FL 24102 or mc County oF Collier , s:a,c or Florida , grantee. Witn~e[h ~ho~ thc G~'~'O]L [or and in consldcradoo of lhc sum o[ ......... TEN & NO/100($10.00) - - - DOL~. and other ~d and valuable consiacrallon lo G~TOR in han~ paid by GI~%X'i~E. mc rccc~p( w. ncrco( ,s hcrcDy IcknMcd~gd. h~ ~mnlcd. bargained anO sold to tnc stud G~N'I'Ei] unoG~X~IZ'S h=~5 and a~lgns forever. the (ollowmB Qc~nbcd land. slluatc. l~ng and bcin6 tn the Coumy of CO 11 i 6r Saalc of Florida ~o The South 1/2 of the North 1/2 of the Northwest 1/4 of the Northwest 1/4, Section 25, Township 49 South, Range 25 East, Collier County, Florida. Subject to resttic:ions, reservations and easements of record, if any, and taxes subsequent to 1998. and the granlor does hereby fully warrant znc title Io sa,d land, and wiil defend the .~lnlc against lawful claims of all persons whomso~,~r. In Witn~s Whereof, the ;rantor has hcrcunlo set h~ hand and seal ~hc day and year R~t able writIon. Stgned d~~~ The S.M. Group, Inc, a Florida . P~inte~Name: ~uy C~A~o~'~ residen~ Witness CO~Ty=OF~Z,~, ,;_~:,d~'- (corporate seal) Bernard ~oulin, ~:esident o~ ~he S.H. g:oup, Inc., ~,,., ~ u ~ ~cn Gatc Pa~y Suite ~ x** 2374713 0Re 2463 PG: 2842 ?.3CORDBD in OPFICIAL REORDS of COLLIe] COONT], [L 99/22/98 a~ iI'.~2~ DWIGHT B. BROCK, CLBRI ~C FIB 6.00 D0C-.10 Retn: IIRST AMBRICAM TI%B CO PICK UP ~iS Indenture, Madc m~ day or' September. 1998 A.D,. Between The S.M. Group, Inc., a corporation existing under the laws of the state of Florida o~m, Cau~yof Collier , s.~:~r Florida , 8rantor, Hideour Golf Club, Ltd., a Florida limited par%nersnip w,naee44r,.Is: 1207 Third Street South, Suite 2 Naples, FL 34102 Grebe County or , s~.lu ur ,8rantee. Withesseth ~. me GRANTOR, For am] in eun, lderafion er~: I~m ot TEN & NO/lO0($io.oo) DOLL,UU. lad Olher L, OO~ end valuable cnns,,i,.~rit~on to GRANTOR in hand paid by GR. ANT'rE, ~ha mcc~pi wh¢rc~l' is |lobby ackn, qwled~$d, his Cren¢ed, hsr~nine,J an',] :o~d m ~h: ssa~ GRANTEF. Rnd GRAN"Tr..r"S .ue:n.gn an~ 0uil:n:/orEvet, ~he foliowinc d~,¢e~bcd land. ~h.s)e, lyinc .n~ hcm~ tn ~o C~lmy ur CO11 ier su.~ or F]0nda 1o The South 1/2 of the North i/2 of the Northwest I/4 of the Northwest ~/4, Section 25, Township 49 South, Range 26 East, Collier County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1998. This Corrective Deed is being recorded to correct the Range in the Legal Description. end Lhc ¢ruUor dries hobby I',i|}. wsrrsm the Lhle In Ikhl lend, and will dcJ'cnd Ih¢ ,an~ aCeinsl Jlwhll clm~ Or ,It pcnu~ whum~vcr. In Witn~ ~ereaf, ,.. :~.,o, ,., ..re....~ Z...,a.,. am, .., ,h. U...u y..r r,,., Inc __ (~ea) Printed Name:GuV C~o~ S Bernard Poulin, President Wi~ /' P.O. Addre~1335~ Rosewood ~,¢. NapIn. ~ 34119 Witness STA~ OF Florida (Corporate Seal) COUNTY OF collier' '~~.y orSept~998 ~e fordCOin~ ;n~mn~m was tck~led~¢~ bcl~ mc ,1,%. , Bernard Poulin, President o~ The S.M. Group, Inc., . Flora cn Mholrarme co~o~lion. Hc i, pemnlily k~n tn ~ ~h~s ~is D~u~m P~pe~d Dy. ,,.. 1999 , 26~ Golden Gels Parkway Suite ~ Naples. ~ 33942 *** 2374721 0R: 2463 PG: 2857 .R]CORDRD in OFFICIAL HCORDS 0f COLLIH ¢OUNTL ?L 3,~/2Z/98 a~ IlaleU DWIG~ M. BROCK, COES 55000.00 This Document Prepared By ~ R~C [~ 6.00 Michael A. Baviello, Jr., Es~ire O0C-.70 385.~0 Michael A. Baviello, Jr., P.A. Re~: 1025 Fifth Avenue North Naples, Florida 34102 ?]RST AMBRICAN TITLi CC withoun opinion or ~i=le ex~nanion ~ICZ UP Parcel [D~umb/er','~291961107 Warranty Deed This Indenture, Made this --'-'6.' ""~ay of AUgUSt , 19 98 A,o.. Between Joseph E. Costa and Joan Costa, husband and wife and Walter D. Breeding and Deborah J. Breeding, husband and wife of t~e count~ or Collier , s~,. oc Florida , grantors, Hideout Golf Club, Ltd., a Florida limited partnership ,~c.~rcs~ i~, 1207 Third Street South Suite #2, Naples, FL 34102 oc the Cou.~ oa' Collier , state of Florida , grantee. Withesseth that the G~NTORS, for and m co~acauon of the sum of ........................ T~ DOL~S ($10) ....................... ~ARS. and other good and valuable conslacmuon to GhNTORS in hand paid by GhN~E, the receipt wheel ~s hereby ack~wl~g~, ~ve gmntcU, bargam~ ann sold to the sa~d G~NTEE and G~NTEE'S he,~, succ~son and ~stg~ fo~ver. the following d~n~ ~, s~m. ]ymg and being m the CounW of Collier Sure of Florida to The South 1/2 of =he South 1/2 of ~he Northwest 1/4 of the Nor=hwes~ 1/4 of Section 25, To~ship 49 Sou=h, Range 26 East, Collier Florida. S~ject to restrictions, reservations and eas~en=s of record, if ~y, and t~es s~se~ent to 1997. Grantor does not warrant legal access or ~y fo~ of ingress ~d egress ~o said land. and the grantot~ do hereby f~ily warrant the litle to sa~d land, and ~,ll] dcfcnd the samc agamst lawful claims of all pcr~n~ whomsoever Witness Whereof. t~e grantor~ have hereunto set their hands and seals the day and year first above wnncn. Signcd, sealed and delivered in our presence: ' 'e ~e: ~~ / o~'C sea ~ ' Prl=ted N~e: ~ n,.j~ F. ~tt'/-n2 walter Witness s to ~: ' ~re f~ ,V&Z' ' mo Add~s: SSSS TATE OF 'Florida OUNTY OF Collier The rotegoing ms~ment w~ acknowl=dg~d before m. this ~ ~day of ~ffi~ ~ by oseph E. Cos~a ~d Jo~ Costa, husband ~d wife, ~d Wal~e · re ~ and ah J Breeding husb~d ~d wife / 98r-123e ~e~s~,~., zM ~IITe~SSSS F~FLW~ RESOLUTION 99- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A PRIVATE GOLF COURSE AND CLUBHOUSE FACILITY CONDITIONAL USE "17" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 24 AND 25, TOWNSHIP 49 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 protectton tf the public; and WHEREAS, zne County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-i02) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which ms the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the du_ 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 cf Conditional Use "17" cf Section 2.2.2.3 in an "A" Zone for a private ~oif course ant clubhouse facility cn 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, F!orida that: JAN 2 6 1999 -1- 7he =esz~/cn filed ~v Emills j. Robau, i.E. cf RWA, inc., representing Hideou~ Golf Club, Ltd., with respect zc the property heroinafter CescrlbeQ as: Exhibis "B" which Ls assached hereto ant incorporated by reference herein be and the same is hereby approved for Conditional Use "!7" of Section 2.2.2.3 cf the "A" Zoning District for a private golf course and clubhouse facility in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference heroin. BE IT FURTHER RESOLVED that this Resolution be recorded in the mlnutes of this Board. This Resoiusion adopted after motion, seccnd and majority vote. Zone zhls Say cf , 1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: Chairman ATTEST: DWIGHT E. BROCK, Clerk Apprcve~ as to Form and Legal Sufficiency: Mar~Fr'ie M. ~t~ent ' Assistant County Attorney f/CU-98-22 RESOLUTION JAN 2 6 1999 -2- _.,__ FINDING CF FACT BY COLLIER CSUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-22 The following facts are found: 1. Section 2.2.2.3.17 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 wizh 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 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 within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: f/FINDING OF FACT CI-IAIRFd&N/CU-98-22 JAN 6 1999 " Exhibit B CU-98-22 DESCRIPTION-Hideout Golf Club ,'-'q nP'F;',',PFD BY T;-~I% F1RM)-BCI, InC. 'RACTS ?8.29. 30. 32, 33 AND 34. THE SLIDDIVISION Or SECTION 24, T49S.. =( 26E IT;TO 16 ACRE TRACTS AS RECCtr~DED IN PI~T BOOK 4. PAGE 34. COLLIER ' ,I~INIY rj OR~DA, PUBLIC r~Er,(~OS ,~N[) AL~,,, ~&R1 Or TPAITT 31, THE S~eE'lVlSqON Or SECTION 24, T 49S.. R Z~.E INTO 16 A~:RE fRACIS AS RECORDED u~ PlAI 8C~Ok 4. PAGE 34. COLLIER COUNR FLORIDA, PUBI.IC r~ECORDS. MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCIHG Af THE 50LITHWEST CORNER OF SECTION 24. TOWNStIIP 49 SOUTH. RANGE 26 FAST, COI.L~E~ COUN~ FLOR~0A AND THE SOUTHWEST CORNER Or TROT 31. THE %UBOe~S~ON OF SECTION 24, T.49%. R.26E. INTO 16 ACRE TROTS AS RECORDED ~N PlAT BOOk ,l. PAGE 34. COLLIER COUN~ FLORIDA PUBLIC RfCORD$; THENCE NOO'59'50"'w. ALONG THE WEST I.INE Or 5AID SECTION AND THE WEST LINE or SAID SLIDDIvISiON FOR 525.15 rEEf ~O THE POINT or BEGINNING; THENCt CONTINUE N 00'59'50"W. ALONG SAID WEST LINE FOR 7Tq.07 rEEf TO TIlE NORTHWEST CORNER ,r c, AID TPACT 51; THENCE ~4 nB'48'45"E AtOmIC THE NORTH LINE OF SAID TRACT ~1 IOR %2789 FEET TO lUE NOR1HEA51 CORNER Or 5A~D TRACT 51: THENCE ':. ,30'58',~5"w ALONG THE COMMON LINE Or TRACT 31 AND TRAC1.10 FOR 7Jg.Sg :;F'T. THErICE S.BB'D2'OB"w Fc~P 52766 FEET rO THE POtN[ Or BEGINNING c. OMMENCING AT THE SOUTHWEST CORNER Or SECTION 2~ AND lttE NORTI~WEST CORNEP i~f S~CTION 2r,. TOWN%NIP 49 SOU1N, RANGt' 2G EAgT; IHENC[' %0{r53'50"[. ALONG ~l~E w~:ST LINE OF SAID 5EC1fi)N 25 FOR 1DIm O0 rrrt TO f~tf' PoiNT OF BEGINNING: THENCE CONTINUE % 0~55'50"E ALONG SAID WEST UIIE rOB IO0800 ~ET. THENCE N.89'0T24"E rOB 198093 FEET. THENCE N.O0'58%1"W. FOR 04 FEET; THENCE N89'OO'22"E FOR 659.g8 FEET TO THE EAST LINE OF TI{WEST ONE QUARTER (NWl/4) OF SAID SECTION 25; 1HErICE N.01'00'SO"E ,,,.,~P4G SAID EAST LIHE rOB 1354 79 rEEf To TJlE NORTH L~NE Or SAID SECTION r~EFJrE H88'46'18'~ ALONG; SAIl1 NORTH IIHF FOR ~,~18.67 fC[~ I~4ENC[ ,O(vmT'~1"E rOB ~012.04 FE[,t TNENCF :R~'t,G'SI"W rO~ ~,)64 rEU TO THE ih.lll4f ~f BEGINNING JAN g 6 1999 pg. __ JAN 2 6 1999 ~;c.hl'~it o CE;-~8-22 pa. ~9 Exhibit D cu - 9 8 - 2 2 Subject to the following Conditions: 1. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. 2. 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 (CCLDC). 3. 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 methods of exotic vegetation removal to be used within areas of retained native vegetation. 4. The 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 impacts to protected wildlife species. Where protected species occur 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. 5. A roadway surface condition survey of 23'a St. SW shall be submitted to the Collier County Transportation Services Department for review and approval prior to final site plan/construction plan approval. 6. The Collier County Transportation Services Department reserves the fight to monitor the roadway conditions to determine if roadway improvements are required as a result traffic associated with Hideout Golf Club. If improvements are deemed necessary, the developer shall be responsible for their proportionate share of required improvements. 7. Prior to the issuance of building permits for the project, the petitioner shall post a $10,000 bond for future road maintenance. 8. The petitioner shall pave Brantley Boulevard to County standards with a minimum pavement width of twenty-two (22) feet. 9. Brantley Boulevard shall not be vacated or closed through the limits of the proposed project. 10. A sixty (60) foot wide fight-of-way shall be reserved along the current privately maintained right-of-way of Brantley Boulevard. Upon their request, said fight-of-way shall be dedicated to the County. 11. The Golf Course and its accessory uses shall be limited for use by members and their guests only and shall not be open to the public. Membership shall be limited to a maximum of 350 people. 12. Restaurant size shall be limited to a maximum seating capacity of 150 seats and shall serve patrons not later than 10:00 p.m. 13. Pro-shops with equipment sales shall be limited to a maximum of 1,000 square feet in size. JAN 2 6 1999 f COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SECTION DATE OF APPLZCATZON: COMMZSSZON DZSTRZCT: District V PLANNER ASSIGNED: Susan Hurry ABOVE TO BE COMPLETED BY STAFF APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE 1. General Information: Name of Applicant(s)Hideout Golf Club Ltd. Applicant's Mailing Address 1207 Third Street South Suite 2 City Naples State Florida Zip 34102 Applicant' s Telephone No. 941-435-4544 Fax No.941-435-4546 Name of Agent Emilio J. Robau, P.E. Firm RWA Inc. Agent's Mailing Address:3050 North Horseshoe Drive City Naples State Florida Zip 34104 Agent's Telephone No. (941) 649-1509 Fax No. (941) 649-7056 E:\98-0046 Hideout Golf Club\Conditional UsekConditional Use Application Hideoui Golf Course Final.doc ,~,,,..'~o,.',zo. ,,,:,,,. ,,,.,'.L',c .~,..,~:,,,,= ,,o,, co,,~zTzo.~ ,.,s-- JAN 2 6 1999 1 ,=','.,. ~'::F ..__ 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 tendency, list all parties with an ownership interest as well as the percentage of such interest. <Use additional sheets if necessary)). Name and Address Percent of Ownership John Mauriel 100% 25 Acres Patricia Turner 100% 30 Acres John Burden III 100% 40 Acres Joseph Costa et al 100% 10 Acres b. If the property is owned by a CORPORATION, list the officers and s[ockholders and the percentage of stock owned by each. Name, Address, and Office PercenE of Stock Approximately 80 ac Citrus Grove Tract Hideout Golf Club Ltd. One general partner: Hideout Golf Club, Inc. (1%) . The directors of Hideout Golf Club, Inc. are: Maurice Kent, Lawrence Kent and Terry Archer The limited partners and remaining 99% interests are listed below. Maurice Kent 40% 1207 Third Suite South, Suite 2 Naples, Florida 34102 Lawrence Kent 40% 1207 Third Suite South, Suite 2 Naples, Florida 34102 Larry Bird 20% 1207 Third Suite South, Suite 2 Naples, Florida 34102 Date of Contract: Varies F:\98-0046 Hideout Golf Club\Conditional Use\Conditional Use Application HideouI Golf Course Final.doc APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE ! JAN 2 6 ?999 2 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 Percent of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the names of the general and/or limited partners. Name and Address Percent of Ownership E:\98-0046 Hideout Golf ClubkConditional Use\Conditional Use Application Hideou~ Golf Course Final.doc APPLICATION FOR PUBLIC HEARING FOR CONDITIONA~ ~ JAN ~ 8 1999 3 e. If the property 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 Percent of Ownership Hideout Golf Club Ltd. One general partner: Hideout Golf Club, Inc. (1%). The directors of Hideout Golf Club, Inc. are: Maurice Kent, Lawrence Kent and Terry Archer The limited partners and remaining 99% interests are listed below. Maurice Kent 40% 1207 Third Suite South, Suite 2 Naples, Florida 34102 Lawrence Kent 40% 1207 Third Suite South, Suite 2 Naples, Florida 34102 Larry Bird 20% 1207 Third Suite South, Suite 2 Naples, Florida 34102 Date of Contract: Varies 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 Percent of Ownership E:\98-0046 Hideout Golf Club\Conditional Use\Conditional Use Application Hideou Golf Course Final.doc ~,,~,~o. ,'o,, ,,~,.~c ,~.~u~,~ ~,~ co~=~o~ ~s. J~N ~ 8 7999 4 g. Date subject property acquired( )leased ( ): Term of lease yrs./mos. If Petitioner has optio~ to buy, indicate date of option: August 7,1998,May 19,and 21,1998 October 31 1997 and date option terminates: or anticipated closing date: January 4 and 6, 1999. h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) . If request involves change to more than 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:24 and 25 Township:49S Range:26E Lot: Naples Farm Sites Various Lots and Unplatted land Plat Book 4 Page No.: 34 Property I.D.No.: 00290200005,0028900003, 00291961107, 61734280009,00290240007/61734320008,61734240007, 61734400009,61734360000,61734200005, 61734440001, 61734520002,61734480003, 61734160006 Metes &Bounds Description: See Exhibit "~A E:\98-0046 ltideout Golf Club\Conditional Use\Conditional Use Application Htdeoui Golf Cour,. Final.doc 3AN 2 6 1999 ~PLI~TION ~R P~LIC H~ING ~R CO~ITIO~ USE 5 4. Size of property: varies ft X ft varies See Exhibit A Total Approximate Sq. Ft.7,840,800 Acres 180 5. Address/general location of subject property: Naples Farm Sites East of White South on 23rd st S.W. West on Brantle¥ Road (AKA Keane Avenue) 6. Adjacent zoning and land use: Zoning Land Use Rural Agricultural Rural Agricultural Rural Agricultural Estates Golden Gate Estates, Estates Zoning 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). The applicant does not own contiguous property adjacent to this proposed development. Section: N/A Township: N/A Range: N/A Lot: N/A Block: N/A Subdivision: N/A Plat Book_Page No.: N/A Property I.D. No.: N/A Metes & Bounds Descript'ion: N/A E:\98-0046 Hideout Golf Club\Conditional Use\Conditional Use Application Hideout~Golf Course Final.doc 6 7. Type of Conditional Use: This application is requesting condition use No. 17 of the A district for (TYPE OF USE) Golf Courses and/or Golf Driving Ranges. Present use of the property: Vacant forested lands and citrus grove operations. 8- Elevation 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 maters, 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 consistent with the applicable section or portions of the future land use element) :The Agricultural/Rural Future Land Use Designation permits open space and recreational uses. Other stand-alone golf course facilities that have been approved as conditional uses in Agricultural/Rural Designated lands include Bonita Bay East Golf Course along Immokalee Road and the Olde Florida Golf Club off of Vanderbilt Beach Road. There is a potential for thirty eight (38) single family homes on the subject property, which density wil-l---~ E: \98-0046 flideout Golf Club\Conditional UseXConditional Use Application Hideout iGolf cour,. rin.l.~oc ~ JAN ~ 6 1999 ~PLI~TION ~R P~LIC H~ING ~R CO~ITIO~ USE eliminated as a result of the approval of the Conditional Use for the golf course. Recreational open space uses, such as golf course, are permitted and encouraged by the Comprehensive Plan and the Land Development 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 catastrophe: The applicant proposes to improve Brantley Road (AKA Keane Avenue)to a 40 ft wide privately maintained right of way section adjacent to the property and connecting into the existing improved 23rd 'st s.w.. These proposed roadway improvements will not only provide access to the Golf Course but will also provide access to several estate homesites located within the Naples Little Farm Subdivision and other adjacent homes on Agriculturally zoned land adjacent to the proposed improvements on Brantley Road. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic and odor effect: The proposed land use and off site improvements will enhance the appeal of the area and will generally have the effect of fortifying property values. The Golf Course will not produce any adverse noise impacts, glare impacts, or odor impacts. d. Describe the site' s and the proposed use' s compatibility with adjacent properties or other properties in the district: Adjacent surrounding properties consist of vacant unimproved land and some single family homes. Some of the residences are also used for ornamental horticulture activities and small farm animal and livestock raising activities. An open.. space recreational use such as this facility is fully compatible with the adjacent USeS . E:\98-0046 Hideout Golf Club\Conditional Use\Conditional Use Application Hideout Solf Course Fina] .doc 8 e. Please provide any additional information which you may feel is relevant to this request: Hideout Golf Club is intended to be a private golf course with a maximum of 350 members And a 5,000 square foot clubhouse with no residences. The pr9posal provides for the preservation of privately-owned open green spaces in close proximity to Urban and Estates Designated lands. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions, You may wish to contact the civic or property owners' association in the area for which this use is being requested in order to ascertain whether or n6t the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No known land use petitions within 1 year of this application 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre- application meeting. a. A copy of the pre-application meeting notes; b. Ten (10) copies of a 24" x 36" conceptual site plan [and one reduced 8 1/2 x 11" copy of the site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution. E:\98-0046 Hideout Golf Club\Conditional Use\Conditional Use Application Hideout poll Course Final.doc ~ APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE i JAN Z 6 1999 9 ~ Moe Kent, Partner OUt Larry Kent, Partner Larry Bird, Partner Terry Archer, Projecl M,e,r. 1207 3rd Street South, Suite 2 Naples, Florida 34102 (941) 435-4544 · Fax (941) 435-4546 January 4, 1999 TO WHOM IT MAY CONCERN: Please be advised that Emilio Robau of the engineering firm of RWA Inc. is our registered agent for HIDEOUT GOLF CLUB in all permitting business associated with the golf club. Maurice D. Kent Date HIDEOUT GOLF CLUB INC. PRESIDENT HIDEOUT GOLF CLUB LTD. PARTNER JAN 2 6 1999 z38i924 OR: 2469 PG: RECORDD in O~FICiAL RECORDS of COLLIER COUNTY, i0/i2/~ a: iO:CSAM DWIGHT [. BROCK. CLERK CONS RBC FEE DOC-.TD ReEn: FIRST AM]RICAN TITLE CC PICK UP WARRANTY DEED THIS WARRANTY DEED Made the'/~77/day of October A.D. 1998 by PATRICIA A. TURNER, a single person, whose post office address is 2215 River Ridge Road, DeLand, FL 32720-4321, hereinafter called the Grantor, to HIDEOUT GOLF CLUB, LTD., a Florida Limited Partnership, whose post office address is 1207 3rd Street South, No. 2, Naples, FL 34102, hereinafter called the Grantee: WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, demises, releases, conveys and confirms unto the Grantee, all that certain land situated in Collier County, Florida, viz: The North 1/2 of the Southwest 1/4 of the Northwest 1/4 and the Northwest 1/4 of the Southeast 1/4 of the Northwest 1/4 all in Section 25, Township 49 South, Range 26 East, Collier County, Florida. Subject to restrictions, reservations and easements of record. Property ID//00290240007 TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining. TO HAVE ANT) TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all r5 encumbrances, except taxes accruing subsequent to December 31, 1997. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. ._~ \ = < ~ 3~,N 2 6 1999 :<:'::': 0R' :"z 69 ?G' ..... W,t%ess ~1 J (~ j PATRICIA A. FDL~T656-68~-39-90~-0 V~v~an D. qu~gley Print Name of Witness K~mberly A. Sm~h Print Name of Wimess STATE OF FLORIDA COUNTY OF Volusia The foregoing Warranty Deed was acknowledged before me this 7th day of October, 1998, by PATRICIA A. TUILNER, ---- ( ) who is/are personally known to me or ( ) who has/have produced drivers licenses, ( x ) who has/have produced FDL#T656-681-39-901-0 as identification. N(Z~ARY PUBLIC Oeanne H. Edmunds : My Commission Expires: April 6, 2000 This Instrument prepared by: John L. Licciardi, P.A. .~.~ ~...4 ~v C0~0N ~ C~ ~S 14~ Gulf Shore Blvd. N. Suite 208-B Naples, Florida 34102 JAN 2 G 1999 2374711 0Re 2463 PG: 2839 RECORDED :n 0[FICIAL RECORDS of COLLIMa COUEy, FL 09/22/98 at lI:42AM DWIGHT ]. BROCK, CLERK COHS ll00000.00 R]C FE! 6.00 Rein: D0C-.70 7700.00 FIRST AMERICAN T!TL] C0 PICK UP Pa~l ~ Num~r: Warranty Deed This Indenture, Made Cxis day or .19 ~.l~., Between The S.H. Group, Inc., a corpora:ion existing under the !aws of tile state of F!crlda I,rmoCoumyof Collier , s.~n?' Flor~ da , grantor, Hidecut Golf Club LTD., a F!or~da Limited Partnership, wh0~e~aUr:~,:~' 1207 3rd Street So. ~2, Naples, FL 34102 Withesseth u:~: the G~NTOR. Ibr ,rid h~ cnn,tclCntion Of ~¢ SUm Of .............. ......... TEN & NO/1O0 ($i0 . O0) .......... DOLLARS. ~r~nied, barga:n=U .rid ~,~d m ~c ~id GRANTEEm~dGP. ANlq2~'S heir~ w~ wsmgns f~revcr, d~e f~llowing described I~nU. ,i~{=, :y{nn ~nd ~mp In who C0un~ of Cell !or ~. of Florida ,o ,~,t: ~i1 cf Trac~s 28 and 29, Naples Farm Si~es, Inc., according ~o :he plam thereof, ae recorded in Pla~ Book ~, page B~, Public Records of Ccii~er Counny, Florida; and Tract 32, Naples Farm Sites, inc., according tc the plat thereof, as recorded in Plat Book 4, Page 34, Public Records of Cci!ier County, Florida. and All of Tracts 33 and 34, Naples Farm Sites, Inc., according to the plat thereof, as recorded in Plat Book 4, Page 34, Public Records of Collier County, Florida. SubEect tc restrictions, reservatlcns and easements of record, if any, and taxee subsequent to 1998. and dle E. tan~Jt doc~ hcrclmy lully warran{ Ihe {mile to said lal,,}, unU will defc~ {he same n~ain$t lawful ul~imx nfnll ~rson$ whomi0eveL In Witu~s Whereof, ,h~ grantor ha~ h=rcunm s~ h~s haz~ a,~ scui mc duy nnd ycnr fxl~x nbov~ wriltc. Si~ed. suled and delivcr~ in o~ proonce: The S.M. Group, Inc. Pr:n~e~ Name: GvX C~o~.~J sern~lin, presiden~ Wi t~e S~ ~ P+O. Address 13355 R,~w~d Lane, Naples, FL 341 Witness '--' x ' STATE OF Flor=da (Cc~ora:e Seal) CO~Y OF Ccll2er '~a~ septembe~ [998 by ~c foregoing in~mcnt ~ll~ ac~Ow)~dgcd ~forf ~c this , d~y Of ~ernard Pculln, President of The S.M. Group. Inc., ,,~,,~t~4<, AGE M The: D~u,nenc Prepared By; - , ~~049 ,,,=,., ,.., g 6 1999 · ,,,~ 2~ Go~cn Oa~ P~kway $uim 206 NOTARY PUBLIC Nap'.. PL 33942 My Co,,,n~i. iu. Expires: ~ , 09/22/98 a~ li:~8lg DWIGHT B. BROCK, CL~RK This Document Prepared I~y I025 Fi~h ~ven~e Naples, Florida 34102 FIRST AM3RICAh' T!TL~ CO Withou~ opinion or title ex~ination PiCK Warrant)' Deed This Indenture, .\lade this ~ August 1998 AD --- ' "'av of , . Between Joseph E. Costa and Joan Costa, husband and wife and Walter D. Breeding and Deborah J. Breeding, husband and wife of Ihe Coumy of Collier , Slam or Florida , grantors, and Hideout Golf Club, Ltd., a Florida limited partnership ,,h.scadd.~ 1207 Third Street South Suite ~2, Naples, FL 34102 of the County of Collier ~ Stae or Florida , grantee. Witnesseth :~:~ d~c GRAXTORS. forand in cons~dcra.on ofd~e sum of ........................ TEN DOLLARS ($10) ....................... DOLLARS. a~:d od~c~ ~ocd and ~amabMc cons,dcrauon m G]L~NTORS in hand paid b) GRANTEE. ~he rectum whereof is hacby acknowledged, have grained. bargained and sold b d~c said GIb~NTEE and GRANTEE'S hcl~, s~cccssors and assigns tbrevcr, lhc following d~scnbed land. ]:.mg ami bcmg ,n mc County u~ Collier ~tate ot Florida to wn: The South 1/2 cf the South 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 25, To~ship 49 South, Range 26 East, Collier County, Florida. S~ject to restrictions, reservations and easements of record, if any, and taxes s~se~ent to 1997. Grantor does not warrant legal access or any fom of ingress and egress to said land. and the ~rantors do lietoby I'uib v,,arrant the tzl]c 1o said ]and. and ',','ill dcI'cnd the same against !a~'.u] claims o[' all persons whomsoever In Witness VVhereof, the g~an,ors na,'c hcrca.uo ~,ct Ihc,r hands and scais Ihc da.', and year .qrst above v,'rmcn Signed. sealed and delivered in our presence: ~~H'~iTE OF Florida ~'~ The 10rc~omg mst~mcm ~as acknowledged bez~rc me flus ~ 'day or ~u~;s~ 19 98 b>. ep ~n na n n No 2366422 0R: 2457 PG: 0074 HCO~DID in OFFICIAL ILlCORDS of COLLI!I COUNT/, FL D9/02/98 at 08:53kM DWIGHT B. BROCK, CLBRI COI~ 7OOOO.O0 DOC-.70 UO.OD Re~n: FIRST AMIRICA) TITLN CO PICI UP Part'el ID Numbcr: 0029016006 Warranty Deed This Indenture, Made thts 3.-0 day of ,~.} July, 199 8 A.D.. Between The S.M. Group, Inc., a c~rpo~ation existing under the laws of the state of Florida of thc County of Collier , Slatco/ Florida , grantor, and Hideout Golf Club, Ltd., a Florida Limited Partnership whose address is: 1207 Tkird Street Suoth, Suite 2 Naples, FL 34102 Of the County of Collier , State oc Florida , grantee. Witnesseth ,hat the GI1AN'I'O]< for and in Constdcralt0n o[ Ihe sum of TEN & NO/!00($10.00) DOLLARS. and other good and valuable Consideration Io GI>,AN'I'OP, in hand paid by GI~A.N'I'EE. lhc receipt vwhcrcoC :s hereby acknowledged. has gr~ntcd, bargained and sold to thc said GILA, N'I'EE andGIt,AN'It~.IZ'S hci~ and a.,,.~tgns forcvc r. Ihc roleowing dcscnbcd land, situate. I~ng and bcing tn the County of CO I 1 i e r Stale or Florida ,o The South 1/2 of the North 1/2 of the Northwest 1/4 of the Northwest 1/4, Section 25, Township 49 South, Range 25 East, collier County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1998. and the grantor does hcrcby fully ,,.'arrant the title Io said land. and will dcrcnd Ihc same againsl lawiul claims Of all persons whomsoevcr. In Witness Whereof, the grantor has hereunto sctht~ hand and scal the day and year first above wnllcn. Stagned sealedand~ur~ The S.M. Group Inc: , a Florida rl~ (Seat) P ame: ~y CHA~a~'~ Bernard F0ulin, PresidentS. Withe ~ P.O. Address 13355 Rosewood Lane, Naples, FL 34119 Witness / COUNTY- OF[,~:, ,:/5'~.'~ t {Corporate Seal) Bernard Poulin, President of The S.M. Group, Inc., ~*s D~umcnl Preparcd I1F ~ Goldca Gatc ParMy Sufic 2374'13 0R: 2463 PG: 2842 ~3CORDED in OFFICIAL RECURDS Of COLLIBR COUNTY, [L D/22/98 at iI:42AM DWIGHT 2.5ROCK, CLERK LBC FEE 6.00 DOe-.70 .70 Earn: FIRST AMERICAH TITLE CO PICK UP h~:} m Numberr O029016006 CORRECTIVE Warranty Deed This Indenture, Madethis day m' September, 1998 A.D.. Between The S.M. Group, Inc., a corporation existing under the laws of the state of Florida orm=co..,yof Collier s~t:.r Florida , grantor, Hideout Golf Club, Ltd., a F~orida limited partnership ~n~au4,,.i.; 1207 Third Street South, Suite 2 Naples, FL 34102 or o,~ c~.,y or . s,.w ~r , grantee. Withesseth ~.t ~t GRANTOR. for and in :unlldertfion oCt~u lure of ......... TEN ~ HO/~O0($~O.~o) - - DOL~. and ether ;~d and valuable cnnlsdaralion i0 GRA~OR in hand paid by GRANTEE, ~hc CFanc=d, hmrgn~n~d end void tc the sl~d GRA~EE And GRAhT[~'S succc~ur~ =ha oatEnd rotever, the followlaG described la~, ~ih,.,., lyl.~ .ha hcin~ in h~d C~mly or Col Iier s~= or Fl0nda ,0 The South I/2 of the North 1/2 of the Northwest Nor=hwest ~/4, Section 25, Township 49 south, Range 26 East, Collier County, Florida. Subject to restrictions, reservations and easements cf record, if any, and taxes subsequent to 1998. This Corrective Deed is being recorded to correct the Range in the Legal Descr2pticn. .nd ~a Ersntor doo~ hereby ~zlJy warrant Ihe li)le tc~ sldd Imml, and will dcl'and the same s~einml lawAH clnimm OCul{ p{rsuns whummev:r. In Witu~ Whereof, ,h~ g~.,o, h., ~.,.~n,..~ hi. hn,,a ,.,, ....,m ,h, d.r ~.U S,gned, seal~ a~ . . ame:Gu~ C~o~ Bernard Poulin, President Wit~eSS /' P.O. A~dr:~, Z33~] Roeewoo~ ~ne, Naplee. FL 34~19 P~nted N~e: , ~ '),~F5/~ Witness / STATE OF Florida (Corporate Seal) COUNTY OF Collier 'Z~ a.roc Sept ~4~998 by ~a¢ ror~oin~ ~nslnln~nt wae ocknnw~dEed ~:lb~ m~ dm~ Bernard Poulin, President of The S M. Group, inc., ' ~ Florl ~hol/ofdlo coloration Hc i4 pouonll]y known In ~ ~h~} ' il~E NDA ~ M Thi~ D~nzn[ Prepared By. ' ,~, .....~,~,-. ~.,.,..~ ....,~. ~o=~y p~b~i: '~ JAN 2 6 1999 26~ Golden O.ie Parkw,y $uiic 2~ Niplom, FL 33942 _ *** 2374721 0R: 2463 PG: 2857 *** i]CGRD]D in OFFICIAL RBCORDS of COLLIIR COUMTY, [L 3L122/98 at Ii:ISAM DWIGHT E. BROCK, CL~RK This l]ocument Prepared 8) ]n_~...,., .4 REC [BI 6.00 Michael A. Baviello, Jr., Esquire DOC-,70 385.00 Michael A. Baviello, Jr., P.A. Rein: 1025 Fifth Avenue North Naples, Florida 34102 FIRST AHBRICAN TITLE CO Without opinion or title examination PiCK UP ParcellDNum '(er;F'291961107 Warranty Deed This Indenture, Made this ~ Between --- -"'CFayof August , 1998 ~.D, Joseph E. Costa and Joan Costa. husband and wife and Walter D. Breedin~ and Deborah J. Breeding, husband and wife of me co~n~ ox' Collier , s~a~c of Florida , graB[or$~ and Hideout Golf CI~, Ltd., a Florida limited partnership ~,h,,~ ~dd~css ,~ 1207 Third Street South Suite ~2, Naples, FL 34102 or ,he Conroy or Collier , Stale or Florida , graBtee. Withesseth ~ha~ lhc G~.~NTORS. for and m cons~demimn of the sum of ........................ TEN DOLL~S ($10) ....................... DOLLARS, and omcr good an~ ~l~ab[c consmc~uon ~o GRANTORS m hand prod by GIL,~N]55. ~he receipt whereof Is hereby acknowledge, have grained. bargained and sold ~o ~he said GKANTEE and GRANTEE'S heirs. successors and assigns forever, t[~e following described land. situate. ~>lng and being m :i~c C'k,ullty of Collier Sla~c or Florida ~o wit The Sou~ Z/2 o~ ~he Sou~h Z/2 of ~he Nor~hwes~ ~/4 of ~he Nor~we8~ I/4 o~ Sec~Lon 25, To~s~p 49 Sou~h, Range 26 3as~, Collier Co~y, Florida. S~ject to restrictions, reservations and easements of record, if any, and taxes s~se~ent to 1997. Grantor does not warrant legal access or any fo~ of ingress and egress to said land. and tile grantors do hcrcb? t'u]]) ~arrant Ihc IIt]e io said [and. and will defend ~hc same aga:nst lawful cialms of all persons whomsoever. hi XVitness \Vhereof, tile grantors ha~c hereunto set !heir hands and seals the Gay and year :~rst above wnUen Signed, sealed and delivered in our presence: Witness S tO h ~LS ' ' ; ,' , ~ ......Xaples, Florida 341 ~TATE OF 'Florida fn oseph E Costa and Joan Costa hZ~and and wxfe and Walter D o have produced their ~ %~*'~ e~a-~sss Notary P~ ' ' i ' ~ My C0mm,ssion Expi~ "' 2366422 0R: 2457 PG: 0074 ,, H~COID~D i~ O~FICIAL MCORD3 o~ COLLIli COOlYe, ~L 09/Q2/gB at Q8:53~ DWIGHT ]. BROCK, CLIG _ COlS 70000.00 P3C PI! L00 DOC-.70 490.00 Re~: MJ~BT AMIKICAIq TITLI CO PlCl UP Pa~! ID Numbc~ 0029016006 V arrantF Deed The S.M. Group, Inc., a n existing under the laws of the state of Florida ofthcCounlyof Collier , sta,cof Florida , gra{ltor~ and Hideout Golf Club, Ltd., a Florida Limited Partnership wh~:addrc~is: 1207 T~rd Street Suo~, S~te 2 Naples, FL 34102 Of IhC Counly of Collier , s:atc of Flori~ , ~ntee. Withesseth Ihal the G~N'I'OIL for and m consideration o[ [he sum of TEN & NO/100($10.00) and olhcr g~d and valuable consideration {o O~NTOR in hand pard by GI~N'I'EE. ~hc receipt whereof ~s hereby acknowledged. has gnnlcd. barKatncd and sold to mc said G~N'I'~E andG~N~E'S hct~ and a~dgns forever. thc foll~ing described land. situate. I~ng and bcing in the ~unly of CO 11 i e~ S~aEc or Florida to ~: The South 1/2 of the North Northwest 1/4, Section 25, Township 49 Sou~h, Ran9e 25 Collie~ County, Florida. Sub3ect to restrictions, :eserva~ions and easements of record, if any, and ~axes subsequent ~o 1998. and the grantor does hereby fully warrant the UIlc to said iand, and w~ll defend lhc same against lawfu[ claims of all persons whomsoever. In Witn~s Whereof, ,h= grunlor has hcrcunlo set his hand and seal the day and year ~t ab~c written. · ' P;inte~Name: ~ CH~~'~ Bernard Poulin, Presiden~ Withe ~ ~ P.o. Addrc~ 13355 Roscw~ ~n:, Napl~, ~ ~ll9 pri ...... Na~7~ c:~ witness CO~_OFC. V~' ~5_~3~5~,' (Corporate seal) ~ foregoing ,nsz .... t ~s acknowledged bcrorc mc ,his ~ ~h day or July, 1998 by Bernard Poulin, Presiden~ of The S.N. Group, Inc., on behalf of the co~ratmon~ :r h; ,~"'cd h5 ' ~ jAN 2 6 1999 2374713 0Re 2463 PG: 2842 R~CORD]D :n OFFICIAL R~CORDS cf COLtIBR COUR?T, FL 09/21/98 at 11:42~ DWIGHT ]. BR0Cl, CL~RK HC ~ll 6.00 DOC-.?0 Rein: FIRST AM]RICAN TITLI C0 PICK UP Pm=:I ~ Nu~cr~ 0029016006 Warrant Deed ~is Indenture, M.d~ Ihi~ day of september. I998 A.D.. Betwee~ ?he S.M. C~o~p, Inc., a corpora%ion exls%ing onde~ ~he la~s of ~he sta%e c~ ~lo~ida o~,co=m~of Collier s=,,or Florida ,arant0r, ,~ Hldeo~t Gol~ Clob, ~d., a ~o~ida Z~m~e~ whnmam~Jn,,{,: 1207 Third Street South, Suite 2 Naples, FL 34102 aroma cou.w or . s,.,..r , grantee. Wttnesseth th,~ the ORANTOR. for and ~n considerat;on orthu mum or ......... TEN & NO/1OO($10.OO) DOLLAR& ml~d Olhetr ~..o~d alnd viiarabia ¢nnsid,~rlfiOn IO GP. ANTOR in hand paid by GRANTEE. Ihc C,mnled. bmrgnin,kl and mold to Ihc mild GRANTEE And GP, ANTE~'S vuccclleuri and aamil:nm l'oravcr, ',he i'ollowln/demcrihcd land. ~ilualL ly;n; and hcin; in ~hO CramW of CO 11 ier sat, 0r Florida ,o The South 1/2 of %he North 1/2 of the Nort:h~est 1/4 ol[ the lqorth~est 1/4, Sectlon 25, ?o~nshlp 49 South, Range 26 East, Collier County, Florlda. sub3ect to restrictions~ reservations and easements of record, if any, and taxes subsequent to 1998. This Corrective Deed is being recorded to correct the Range in the Legal Description. rand I. hc ;rmnlor do, as hereby fully warrant th,-. ti'.le Io sN~ct Irarid, and ,,viII ticfond the mama mgeinst ImwAal c.l.irr~ of all pcno~ whum~evcr. In Witness Whereof, lha ~re.l,~r him hcraumo &,:k him liltlid ~nd m<ul Ih~ day and year i'lrmt above writlc~. S~~a~ The S.M. Inc.- ~y~ - -- ' ~ ' ' (S~ml) Prln~ed Name: Gu~- C~.~.60ed~JI-I-I-I-I-I-I-I-I-I~A~J Bernard PouZin~ PresLdent WLtness Witness STATE OF Florida (Corporate Seal) COUNTY OF collier '~? d,yor Sept ~.4~.998 by Bernard PouZin, ~res:iden't of ~he S.M. Croup, TnC., ""~ , Florl on b4::holf of~ho corpore,tlon. He i. p0rl~nmlly knm~,n m Them D~u~n[ Prepared D~; /2",'/'~-~/ , ..- -..,,.,. K. ... ,., ...i,. ,' JAN 2 6 1999 Not~,rv Publ'Zc Richretort, I~i~, Laniet and P. omm. P A. 2640 Goldcn Gat~ Pmrkwmy $uitc Nmplem. FL 33942 *** 2374721 0R: 2463 PG: 2857 2ECRDED :n OFFICIAL R]CORDS 0f COLLIBR COUNTY, FL CCMS 55000.DO This Document Prcparcd By ~ R~C FMM 6. ~0 ,____ Michael A. Bavie!lo, Jr., Esquire D0C-.TO Michael A. Baviello, Jr., P.A. 1025 Fifth Avenue North Naples, Florida 34102 FIRiT AMBRICAN TITL] CO Without opinlon or title exanlination PICK UP Parcel [D N umDcr:/2 91961107 Warranty Deed This Indenture, Made th,s & August 1998 ..x D. Between -u- ' ""a'uy of Joseph E. Costs and Joan Costs, husband and wife and Walter D. Breeding and Deborah J. Breeding, husband and wife ,f the Count' ot Collier ~ State of Florida , grantors, and Hideout Golf C!~, Ltd., a Florida limited partnership ,,h,,~c~a,,~.~ ~ 1207 Third Street South Suite ~2, Naples, FL 34102 o~ ~he %umy ~; Collier , Sure of Florida ~ grantee. Withesseth that the G~XNTORS. lbr and m consideration ofthe sum of ........................ TEN DOLL~$ ($~0) ....................... DOkLARS. and ~,thcr goo~ and xaWablc considcmuon ~o GRANTORS m hand paid by G~.~NTEE. the rcce,p~ ~Bcrcof ts hereby acknowledged. have granted. oarga:ncd ant sold to fi~e said GleNTEE and GRANTEE'S hints. success05 and ass,gn~ forever. the followtag desenDed land, situate. ;'.aug and bcm~ m ~hc County o( CO 11 ier S;atc of Florida to The South i/2 cf the South 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 25, To~ship 49 South, Range 26 East, Collier Coyly, Florida. S~ject to restrictions, reservations and easements of record, if any, and taxes s~se~ent to 1997. Grantor does not warrant legal access or any fo~ of ingress and egress to said land. sad tile graalors do hercOy mily v, arrant the [:tic Io sad land, and ~lJl defend the same against law~hl clamps o:' all pcmons whomsoever In Witness Whereof, the granto~ ha~c hereunto ~c~ their hands and seals the da) and year first above wnucn Signed. sealed and delivered in our presence: Witness s to ;t , ~r~ecL,~G~'""' P.O. Addrcss:SS3SRanlcsnakeHammocjRoad~101 Florida F Collier the rovegoing instrument was acknowlcdgca before me this ~ 'day of AUguSt ,19 98 ~ oseph E. Costa and Jo~ Costa, husband and wife, and Walter D ~o have produced their ~ / ~ o io 98r-123e ~G~byCDuplmy5~ Inc 1998 (941}763-5555 F~FLWD-I ] 2 RESOLUTION 99- 3 5 6 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF 7 A PRIVATE GOLF COURSE AND CLUBHOUSE FACILITY 8 CONDITIONAL USE "17" IN THE "A" ZONING DISTRICT 9 PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER 10 COUNTY LAND DEVELOPMENT CODE FOR PROPERTY l] LOCATED IN SECTIONS 24 AND 25, TOWNSHIP 49 12 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 13 ]5 WHEREAS, the Legislature of the State of Florida in Chapter 16 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has 17 conferred on Collier County the power to establish, coordinate and lS enforce zoning and such business regulations as are necessary for the ]9 protection cf the public; and 20 WHEREAS, the County pursuant thereto has adopted a Land 2] Development Code (Ordinance No. 91-102) which includes a 22 Comprehensive Zoning Ordinance establishing regulations for the 23 zoning cf particular geographic divisions of the County, among which 24 is the granting of Conditional Uses; and 25 WHEREAS, the Collier County Planning Commission, being the duly 26 appointed and constituted planning board for the area hereby 27 affected, has held a public hearing after notice as in said 28 regulations made and provided, and has considered the advisability of 29 Conditional Use "17" of Section 2.2.2.3 in an "A" Zone for a private 30 golf course and clubhouse facility on the property hereinafter 31 described, and has found as a matter of fact (Exhibit "A") that 32 satisfactory provision and arrangement have been made concerning all 33 applicable matters required by said regulations and in accordance 34 with Subsection 2.7.4.4 of the Land Development Code for the Collier 35 County Planning Commission; and 36 WHEREAS, all interested parties have been given opportunity to 37 be heard by this Board in a public meeting assembled and the Board 38 having considered all matters presented. 39 NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of 40 Collier County, Florida that: JAN 6 1999 -1- 1 The petition filed by Emilio J. Robau, P.E. of RWA, Inc., ~-- 2 representing Hideout Golf Club, Ltd., with respect to the property 3 hereinafter described as: 4 5 Exhibit "B" which is attached hereto and incorporated by 6 reference herein be and the same is hereby approved for Conditional Use "17" cf Section 2.2.2.3 cf the "A" Zoning District for a private golf course 9 and clubhouse facility in accordance with the Conceptual Master Plan 10 (Exhibit "C") and subject to the following conditions: 12 Exhibit "D" which is attached hereto and incorporated by ]3 reference herein. ]4 BE IT FURTHER RESOLVED that this Resolution be recorded in the 15 minutes of this Board. 16 This Resolution adopted after motion, second and majority vote. 17 Done this day of , 1999. ]g 19 20 BOARD OF ZONING APPEALS 21 COLLIER COUNTY, FLORIDA 23 BY: 24 Chairman 25 26 ATTEST: 27 DWIGHT E. BROCK, Clerk 28 29 30 3] Approved as to Form and 32 Legal Sufficiency: 34 Mar]~rie M. Student 35 Assistant County Attorney 36 f/CU-98-22 RESOL~ION 37 38 -2- JAN 2 6 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-22 The following facts are found: 1. Section 2.2.2.3.17 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 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 within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: f/FINDING OF FACT C":{AIRMAN/CU-98-22 E~hikit A i JAN ~ 6 7999 ! "',', H o., Exhibit B CU-98-22 ~' ". DESCRIPTION-,ideo.t Goz cz.b IAq PPrt.'td1FD BY TI-IIS FIRM)-BCI, Inc. tRACTS ?8.29.30, 52, 55 AND 54. THE SUBDIVISION OF SECTION 24. I 4gS.. R,Z6.E li'ITO t5 ACRE TRAC1S AS RECORUE[~ IN P~f BOOK 4, PAGE 34. COLLIER fEi/IINIY rI.OPlDA, PUBLIC r~Er,()RD3 ~Nf) ALS,', PAR1 Or 1PAtEr 31, THE 51)BDIV~S~ON Or SECTION 24, T 49S.. R 2~.E INTO 16 AT:RE ;RACIS AS RECORDED UJ PlAT 8()Ok 4. PAGE 34. COLLIER COUNh rLORIDA. PLIBt.IC RECORDS. MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCIHG AT Tile 5OLITJlWEST cORNER OF SECTION 24. TOWNSIIIP 49 SOUTH. RANGE 26 FAST. COI.[IER COUN~ FLf~PlDA ANT/THE 5OIJTNWEST CORNER OF TRACt 31. THE SUBDIVISION OF SECTION 24. T.495.. ~.26E. INTO 16 ACRE TRACTS AS RECORDED PI~T BOf}K ,l, PACE 34. COLLIER COUN~ FLORIDA PUBLIC RECORDS; THENCE HOO'Sg'50"w. ALONG THE WEST I_INE or SAID SECTION AND THE WEST LINE Or SAID ~L)BDIvlS~ON FOR 525 15 FEET 10 THE POINT Of BEGINNING; TNENC~ CONTINUE NO()'59'[~O"W. ALONG 5AID WEST LINE rOB 71007 rEEf TO TIlE NORTHWEST CO~NE~ ,~r qAID TRACT 31; THENCE N RB'48'45"E ALO~IG THE NORTH LINE OF SAID TRACT 51 JOR q27.80 FEET TO THE NOR]NEAS1 CORNER OF SAID TRACT 31: THENCE <;O0'58'45"W. ALONG THE COMMON LINE or TRACT 3t AN0 TRAC1 ]0 FOR 7~9,59 r'EET. T~ENCE S.88'52'OB"W. rOB 521.66 FEET TO THE POINt Or BEGINNING t,~p A~ ',,. COMMENCING AT THE 5OUTI4WE%T CORNER Or c;ECTION 24 AND lIE NORTHWEST CORNEP I~J ~rC!~C>FJ 2~. TOWH%NIP 49 5~UIN. PANG[ 2G RAqT; lttEN(.[' %Orr55'50"E. ALONG ~tE w[~r LINE OF SAlt) %q_CIH)N 25 FOR 10(}~ 00 FFFT TO Tiff POINt or R~'GItJr, IING: THENCE CONTINUE %00'53'50"~ AI~ING SAID WEST LltlE FOR 100800 rrrT THENCE N.89'07'24"E rOB 19809~ FEE'T, THEHCE N00'58'~I'W. FOR F~'4 FEET, THENCE N,~9'OO'2'2"E FOR 659.~8 FEE1 10 THE LA%I LINE OF IWEST ONE QUARTER (NWI/4) OF 3AIO SECTION 25; THErIC[ NOl'0O'3O"E AL .G S~lb EAST LINE FOR 1~54 70 rErT 10 1}1~ NORIN LINE Or SAID SECTION 1H~NPE NBF46'lR'~ AL(')N(; %AlJl NOR/It IffIF rOB ~,%18,67 lEFT. IN[NC[ ';O[~":,TII"F FOR 1Ol2.O.l rF~l THENCr ~%,R~'~,G'RI"W ro~ T~,)~4 FEET TO THE /~tllJ'J/ ~)r 8EGINNIHG J ,N g 6 1999 r::hibit C CU-98-22 JAN Z 6 1999 Exhibit D Subject to the following Conditions: CUo98-22 1. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. 2. 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 (CCLDC). 3. 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 methods of exotic vegetation removal to be used within areas of retained native vegetation. 4. The 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 impacts to protected wildlife species. Where protected species occur 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. 5. A roadway surface condition survey of2Yd St. SW between 16m Ave SW and Brantley Boulevard, shall be submitted to the Collier County Transportation Services Department for review and "' approval prior to final site plan/construction plan approval. 6. The Collier County Transportation Services Department reserves the right to monitor the roadway conditions to determine if roadway improvements are required as a result traffic associated with Hideout Golf Club. If improvements are deemed necessary, the developer shall be responsible for their proportionate share of required improvements. 7. Prior to the issuance of building permits for the project, the petitioner shall post a $10,000 bond for future road maintenance of 23ra St. SW. 8. The petitioner shall pave and maintain Brantley Boulevard from 2Ya St. SW to the Clubhouse entrance, to County standards, with a minimum pavement width of twenty-two (22) feet. 9. Brantley Boulevard shall not be vacated or closed through the limits of the proposed project. 10. The Golf Course and its accessory uses shall be limited for use by members and their guests only and shall not be open to the public. Membership shall be limited to a maximum of 350 people. 11. Restaurant size shall be limited to a maximum seating capacity of 150 seats and shall serve patrons not later than 10:00 p.m. 12. Pro-shops with equipment sales shall be limited to a maximum of 1,000 square feet in size. JAN 2 6 1999 EXECUTIVE SUMMARY PETITION NO. V-98-23, RICHARD YOVANOVICH, ESQ. REPRESENTING GUS SCIAQUA, REQUESTING A 15 FOOT VARIANCE FROM THE REQUIRED 15 FOOT SIDE YARD TO -0- FEET ON THE SOUTH AND NORTH PROPERTY LINES FOR OFFICE AND RETAIL BUILDINGS TO BE LOCATED AT 3078 TAMIAMI TRAIL NORTH. OBJECTIVE: The petitioner is requesting the above described variances in order to build commercial buildings with no side yard setbacks when adjacent to commercial properties, CONSIDERATIONS: The applicant, Augustino's Furniture, purchased the property that borders the furniture store property on the east and south sides. This property used to contain a restaurant known as Casablanca Restaurant. The applicant is proposing to build several retail and office buildings on the property with no side setbacks, when adjacent to commercially zoned properties. It should be noted that the furniture store had obtained a side yard variance on the north side and is constructed on the property line. A portion of this property is zoned RMF-6 residential; however, the applicant does not request any variances for this portion of the property. The Collier County Planning Commission reviewed this petition on January 7, 1999 and by a vote of 8-0 recommended approval of the' variance. Staff has not received any letters in opposition to the granting of this request. At the CCPC meeting no one spoke in opposition to this variance petition. However, due to staffs recommendation to the CCPC for denial, this petition does not qualify to be placed on the Summary Agenda. FISCAL IMPACT: None. GROVVTH 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 Probability Map. Therefore, no Historical2Archaeological Survey and Ass, required. JAN ~ 6 1999 PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals approve V-98-23. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER RE IEWED : NALD F. INO, AIC , MANAGER DATE CURRENT PLANNING SECTION ROBERT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES JAN 2 6 1999 AGENDA ITEM 7-B MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: December 10, 1998 RE: PETITION V 98-23 AGENT/APPLICANT: Owner: Richard Yovanovich, Esq. Goodlette Coleman & Johnson, P.A. 4001 Tamiami Trail North Suite 300 Naples, FL. 34103 Agent: Gus Sciacqua 3078 Tamiami trail North (, Naples, FL. 34103 REQUESTED ACTION: The petitioner is requesting a 15 foot variance from the required side yard setback of 15 feet to zero foot on the north and the south side of the property. GEOGRAPHIC LOCATION: The subject property is located at 3078 Tamiami Trail, further described as a portion of Lot 82, Naples Improvement Co.'s Little Farms, recorded in Plat Book 2, page 2 of Public Records of Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The applicant, Augustino's Furniture, purchased the property that borders the furniture store property on the east and south sides. This property used to contain a restaurant known as Casablanca Restaurant. The applicant is proposing to build several retail and office buildings on the property with no side setbacks. It should be noted that the furniture store had obtained a side yard variance on the north side and is constructed on the property line. A portion of this property is zoned RMF-6 residential; however, the applicant does not request any variances for this portion of the property. ! i ~ , '~ JAN 2 6 1999 ,. SURROUNDING LAND USE AND ZONING: Existing: - Existing furniture store and a restaurant (Casablanca Restaurant) to be demolished, zoned, C-4. Surrounding: North - Commercial development, zoned C-4, and residential Condominium zoned RMF-6 East - Undeveloped property owned by the applicant, zoned RMF-6 South - Commercial development, zoned C-4 West - US-41 ROW, Commercial City of Naples HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioners 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: Approval of this variance request will have no effect on infrastructure, transportation or required environment relationships. 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 Subsection(6)(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 (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, the property is of adequate size and width for the proposed use. The existence of a building built on the north property line is the only special condition or circumstance on this property. This building was built a few years ago with a side yard variance obtained from the County. b. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relati~ property which is the subject of the variance request? ! JAN 2 6 1999 ,, No, The applicant proposes to remove all existing buildings on this property with the exception of the building that they own on the adjacent lot which will be combined with this property. The existing building to remain is built on the north property line and the applicant wishes to expand the building using the same zero foot side yard setback on the north side of the property. The applicant is also requesting to reduce the side setback on the south side to zero, and there are no pre-existing conditions on the south side of the property. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No, this property is no different than any other property in the area. The denial of this request will not work unnecessary and undue hardship on the applicant. 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, a variance is not necessary to make possible the reasonable use of the land. .--'-- 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, the granting of the variance requested will allow the applicant to build a series of building with no side setbacks which is denied to others unless a similar variance is granted. 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. the variance, if granted, will reduce the side setback, which will not be in harmony with the intent and purpose of the LDC, 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 FE~.a~2~,I¢.~,,I I ! pg. ~ The granting of this variance will not change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition V 98-23 to the BZA with a recommendation for denial. PREPARED BY: 6/~A r~ vv, ~~C~,,~ I Z., 1~/ CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER I~EWED B: .~. R~INA~'D'I~. Ni~I b,v/~iE;~,MANAGER D~E CURRENT PLANNING SECTION ~ERE, AIO DATE PLANNING SERVIOES VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-98-23 Staff report for January 7, 1999 CCPC meeting. This Petition has tentatively been scheduled for January 26,1999 BZA Public Hearing. Collier County Planning Commission: MI~F'j'E BRUET, E:;HAIRMAN ~~ JAN L~. 6 1999 -4- 1 RESOLUTION NO. 99- S RELATING TO PETITION NUMBER V-98-23, 4 FOR A VA.RIANCE ON PROPERTY HEREINAFTER S DESCRIBED IN COLLIER COUNTY, FLORIDA. 6 7 S WHEREAS, the Legislature of the State of Florida in Chapter 125, 9 Florida Statutes, has conferred on all counties in Florida the power to 10 establish, coordinate and enforce zoning and such business regulations as 11 are necessary for the protection of the public; and 12 WHEREAS, the County pursu'ant thereto has adopted a Land Development 13 Code (Ordinance No. 91-102) which establishes regulations for the zoning 14 of particular geographic divisions of the County, among which is the 15 granting of variances; and 16 WHEREAS, the Board of Zoning Appeals, being the duly elected 17 constituted Board of the area hereby affected, has held a public hearing 18 after notice as in said regulations made and provided, and has considered 19 the advisability of a 15-foot variance from the required 15 foot side 20 yard setback to 0 feet as shown on the attached plot plan, Exhibit "A", ~_~ 21 in a C-4 Zone for the property hereinafter described, and has found as a l' 22 matter of fact that satisfactory provision and arrangement have been made 23 concerning all applicable matters required by said regulations and in 24 accordance with Section 2.7.5 of the Zoning Regulations of said Land 25 Development Code for the unincorporated area of Collier County; and 26 WHEREAS, all interested parties have been given opportunity to be 27 heard by this Board in public meeting assembled, and the Board having 28 considered all matters presented; 29 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of 30 Collier County, Florida, that: 31 The Petition V-98-23 filed by Richard D. Yovanovich, Esq., of 32 Goodlette, Coleman & Johnson, P.A., representing Gus Sciacqua, with 33 respect to the property hereinafter described as: 34 35 Lot 82, Naples Improvement Co.'s LiEtie Farms, as recorded in 36 Plat Book 2, Page 2, of the Public Records of Collier County, 37 Florida. 38 be and the same hereby is approved for a 15-foot variance from the 39 required !5 foot side yard setback to 0 feet as shown on the attached JAN Z 6 1999 1 plot plan, Exhibit "A", of the C-4 Zoning District wherein said property 2 is located, subject to the following conditions: 3 This variance is for encroachments depicted on the plot plan 4 (Exhibit "A"): kny encroachments not shown on the plot plan shall 5 require a separate variance approval. 6 BE IT RESOLVED that this Resolution relating to Petition Nun~oer 7 V-98-23 be recorded in the minutes of this Board. 8 This Resolution adopted after motion, second and majority vote. 9 Done this day of , 1999. 10 11 ATTEST: BOARD OF ZONING APPEALS 12 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 13 14 15 16 Chairman 17 18 Approved as to Form and Legal Sufficiency: 19 21 22 M/Fyc~ie M. Student 23 Assistant County Attorney 24 25 ]/V-98-23 RESOLUTION 26 27 !. JAN 6 1999 -2:- ~ EXHIBIT A PARCEL NO. 1: The East 100 feet of hte West 400 feet of the South 1/2 of Lot 82, NAPLES IMPROVEMENT CO.'S LITTLE FARMS, according to the plat in Plat Book 2, Page 2, Public Records of Collier County, Florida. PARCEL NO. 2: The West 590 feet of the North 1/2 of Lot 82, excepting therefrom the North 86 feet of the West 200 feet, NAPLES IMPROVEMENT CO.'S LITTLE FARMS, according to the plat in Plat Book 2, Page 2, Public Records of Collier County, Florida. JAN g 6 1999 EXhibit "A" __ ~,~1~ ' JAN g 6 1999 gXHIBIT "A" i "- (VARIANCE FROM SETBACK ( S ) REQUIRED FOR A PARTICULAR ZONING DISTRICT) PETITION NO. ~ V 9 8- o ;3 ~ DATE PETITION RECEi=~MDf.~i~.S / ,, (ABOVE TO BE FILLED IN BY STAFF) PETITIONER'S NAME Gus Sciacqua PETITIONER'S ADDRESS 3078 Tamiami Trail North, Naples, Florida 34103 TELEPHONE 941-261-8808 FACSIMILE 941-263-5888 AGENT'S ADDRESS Richard D. Yovanovich, Esq., Goodlette Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103 TELEPHONE 941-435-3535 FACSIMILE 941-435-1218 LEGAL DESCRIPTION OF PROPERTY: LOT(S) BLOCK(S) SUDIVISION SECTION TWP. RANGE (If legal description is lengthy, i.e. metes a bounds description, attach additional page) SEE EXHIBIT "A" attached hereto and incorporated herein. CURRENT ZONING OF SUBJECT PROPERTY C-4 EXISTING LAND USE ON SUBJECT PROPERTY Commercial~ Furniture ADJACENT ZONING & LAND USE N f_m~_jLS~E:/ Commercial Development along the area in which the variance S C-4 Commercial strip shopping center and alleyway. E RMF 6 Undeveloped and owned by W US41 US 41 and Commercial uses across US 41 MINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY FRONT: 25 CORNER LOT: no SIDE: ~ WATERFRONT LOT: no REAR 25 JAN g 6 1999 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 number, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroachment is necessary; how existing encroachment came to be; etc. The request is for a variance to reduce the required 15 foot side yard setback within the C-4 zoning district to a zero setback requirement along the side yards adjacent to commercial zoning. There s an existing building along the North boundary of the property with a zero setback which was originally constructed on and remodeled and expanded on The adjacent property to the North also has a zero setback along its southern boundary. The requested setback along the northern boundary is consistent with existing development on the property as well as the existing development on the adjacent property. The requested setback will enable the existing building to be expanded in a manner which is consistent with the current setback and architectural theme which will result in uniform development. The setback on the southern boundary will allow for safer access to the parcel off of US 41. The parcel immediately adjacent to the southern boundary of the property is a developed strip shopping center. The rear of the building on the adjacent parcel will face the rear of the building on the property. The variance will allow for better access to the property, a courtyard type project and a building lower in height'than currently allowed within the C-4 zoning district. Please note that staff and the Collier County Planning Co~ission shall be guided in their recoAmL~endation 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 (1-6). (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. The property is a long narrow parcel with minimal frontage along US 41. The property is located in an area that currently is developed with zero side yard setbacks ~ N~GE~)~ shopping center with the rear of the building f i g~ JAN ~ 8 1999 proposed building. There is an alleyway which will buffer -- the two buildings. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes. The property is a long narrow parcel with limited access off of US 41. Adjacent property to the north is developed with a zero sideyard setback. Developing the property with the required setbacks will be out of character for the existing development in the area and would result in development of taller buildings which is also out of character for the area. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. Yes. The required development standards are inconsistent with existing development, will result in a dangerous access off of US 41. "' 4, Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes. The variance requested will allow for a high quality mixed use retail and office project. The variance allows for better access off of US 41, increased landscaping and buildings with setbacks and height consistent with existing buildings in the area. The variance will prevent the adjacent residential properties from being adjacent to a parcel of property with minimum landscaping which could be up to 100 feet in height. 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. No. Due to the existing development in the area, the property is unique and not a typical C-4 parcel. Requiring the established setback requirements to be met will result in a project that is out of character with the existi~ N development. CG~__j~ JAN 2 6 1999 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. Yes. Granting the variance will preserve and maintain the character of the area including the residential uses adjacent to the property. 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. Yes. Existing buildings in the area are developed with zero lot lines. The safety of the access to the parcel will be greatly reduced if the property is developed according to the current setback requirements. 8. Will granting the variance be consistent with the growth management plan. Yes. Development of the property as an office and retail project will be consistent with the growth management plan.. JAN Z 6 1999 VARIANCE PETITION CHECKLIST NOTE: This petition will not be processed unless all of the following items .are submitted. 1. Completed Application packet (NOTE: (15) Petitioner is to be listed as the property owner) 2. A notarized letter signed by the (1) property owner authorizing your (the agent) to act on behalf of the petitioner and deposing that all information is honest and true to the best of your knowledge and belief. (You may sign the petition as the agent.) 3. A check for the proper amount, made out (1) to the "Board of County Commissioners" 4. A survey of the property, showing the (1) encroachment (measured in feet), lot dimensions and all structures, unless waived at pre-app meeting. 5. A Plot Plan depicting all of the (1) following: 24"x36" a) Scale, date, north arrow (15) b) Property boundaries & dimensions 8 1/2"x11" c) Zoning District d) Existing & proposed structures (labeled such) e) The required setbacks & the proposed setbacks 6. A location map depicting major streets in (1) the area for reference. 8 1/2"xll" JAN 2 6 1999 _ EXECUTIVE SUMMARY PETITION NO. V-98-21, JAMES W. VIERGUTZ REPRESENTING WEDGEMONT CONDOMINIUM, REQUESTING A 25 FOOT VARIANCE FROM THE REQUIRED 35 FOOT FRONT YARD TO 10 FEET ALONG PALM VIEW DRIVE FOR CARPORTS FOR A CONDOMINIUM COMPLEX LOCATED ON PALM VIEW DRIVE APPROXIMATELY ONE HALF MILE NORTH OF IMMOKALEE ROAD IN PALM RIVER AREA. OBJECTIVE: The petitioner is requesting the above described variance in order to install open sided carports. CONSIDERATIONS: The applicant is proposing to cover some of the existing parking spaces with carports. The property in question is zoned RMF-6 and the front setback in this district is 35 feet. Because of the location of existing parking spaces it is necessary to obtain a variance to build carports. The Collier County Planning Commission reviewed this petition on December 17, 1998 and by a vote of 7-0 recommended approval of the variance. Staff has received three letters in opposition to the granting of this request. At the CCPC meeting one person spoke in opposition to this variance petition. Because of the above facts and staff's recommendation to the CCPC for denial, this petition does not qualify to be placed on the Summary Agenda. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: .None. 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. JAN 8 6 1999 Pg, / PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals approve V-98-21. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER I~ALD ~: NINO, AICP, MANAGER DATE CURRENT PLANNING SECTION R/T'~~R " ' ROBE E, AICP, DIRECTOR DATE PLANNING SERVICES BY: VINCENT A. GAUTERO, AIGP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES JAN 2 6 1999 2 AGENDA ITEM 7-E MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: November 6, 1998 RE: PETITION V 98-21 AGENT/APPLICANT: Owner: Wedgemont Inc. 955 Palm View Drive Naples, FL. 34110 Agent: James W. Viergutz 3670 Bali Lane Estero, FL. 33928 REQUESTED ACTION: The petitioner is requesting a 25 foot variance from the required 35 foot front yard to 10 feet along Palm View Drive for carports. GEOGRAPHIC LOCATION: The subject property is located on Palm View Drive, approximately one half mile north of Immokalee Road in Palm River area, in section 23, Township 48 south, Range 25 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The applicant is proposing to cover some of the existing parking spaces with carports. The property in question is zoned RMF-6 and the front setback in this district is 35 feet. Because of the location of existing parking spaces it is necessary to obtain a variance to build carports. SURROUNDING LAND USE AND ZONING: Existing: - Multi-family residential, zoned RMF-6 Surrounding: North -Golf course, zoned RSF-3 East - Multi-family residential, zoned RMF-16 ~°~"~' ? JAN 2 6 1999 -1- -~P~' South - Multi-family residential, zoned RMF-12 West - Single-family residential, zoned RSF-3 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. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or required environment relationships. 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 Subsection(6)(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 (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? Yes, all buildings and parking lots are existing. This project was not designed to contain carports. 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 site was developed several years ago. All buildings and parking lots are existing. It is not possible to relocate the parking lot where a variance would not be necessary for carports. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No, there are several condominium buildings in Collier County without carports. Carports are not a necessity. Unit owners lived in this developmen': for without them. -2- JAN (- 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 healtl~, safety and welfare? No, A variance is not necessary to make possible the reasonable use of the land. The land is being used for a condominium complex. However, this variance is the minimum variance necessary to allow each unit owner to have a carport. 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, if granted, will allow the petitioner to build carports 10 feet from the front property lines, which will be denied to others in the same zoning district unless a similar variance is granted. 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, if approved, will reduce the front yard requirements and will not be in harmony with the general intent and purpose of the Land Development code; 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. The granting of this variance will not change the requirements of the Growth Management Plan. STAFF RECOMMENDATION; Staff recommends that the CCPC forward Petition V 98-21 to the BZA with a recommendation for denial. JAN g 6 1999 -3- PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER R I WED B · RONALD F. NINO, AICP, MANAGER DATE CURRENT PLANNING SECTION zI~:~H / z ' ~/" ~'' ERE, AICP, DIRECTOR DATE PLANNING SERVICES VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-98-21 Staff report for December 17,1998 CCPC meeting. This Petition has tentatively been scheduled for January 26,1999 BZA Public Hearing. Collier County Planning Commission: MIC J. B~AN J A N ~3 6 1999 -4- ~ m RESOLUTION NO. 99- 2 ~ 3 RELATING TO PETITION NUMBER V-98-21, , 4 FOR A VARIANCE ON PROPERTY HEREINAFTER 5 DESCRIBED IN COLLIER COUNTY, FLORIDA. 6 v 8 WHEREAS, the Legislature of the State of Florida in Chapter 125, 9 Florida Statutes, has conferred on all counties in Florida the power to 10 establish, coordinate and enforce zoning and such business regulations 11 as are necessary for the protection of the public; and 12 WHEREAS, the County pursuant thereto has adopted a Land 13 Development Code (Ordinance No. 91-102) which establishes regulations 14 for the zoning of particular geographic divisions of the County, among 15 which is the granting of variances; and 16 WHEREAS, the Board of Zoning Appeals, being the duly elected 17 constituted Board of the area hereby affected, has held a public 18 hearing after notice as in said regulations made and provided, and has 19 considered the advisability of a 25-foot variance from the required 35 2o foot front setback for accessory structures to 10 feet as shown on the 21 attached plot plan, Exhibit "A", in a RMF-6 Zone for the property - 22 hereinafter described, and has found as a matter of fact that 23 satisfactory provision and arrangement have been made concerning all 24 applicable matters required by said regulations and in accordance with 25 Section 2.7.5 of the Zoning Regulations of said Land Development Code 26 for Ihe unincorporated area of Collier County; and 27 WHEREAS, all interested parties have been given opportunity to be 28 heard by this Board in public meeting assembled, and the Board having 29 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 V-98-21 filed by James W. Viergutz, representing 33 Wedgmont, Inc., with respect to the property hereinafter described as: 34 35 Exhibit "B' 36 be and the same hereby is approved for a 25-foot variance from the 37 required 35 foot front setback for accessory structures to 10 feet as 38 shown on the attached plot plan, Exhibit "A", of the RMF-6 Zoning JAN Z 6 7999 -1- District wherein said property is located, subject to the following conditions: 1. Prior to the issuance of a building permit for carports, a double row of shrubs 24" on center shall be installed along Palm View Drive adjacent to the existing parking spaces. BE IT RESOLVED that this Resolution relating to Petition Number V-98-21 be recorded in the minutes of this Board. 10 This Resolution adopted after motion, second and majority vote. 11 Done this day of , 1999. 12 13 ATTEST: BOARD OF ZONING APPEALS 14 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 15 16 17 18 Chairman 19 20 21 Approved as to Form and Legal Suffi.ciency: 22 23 25 Mar3B~e M. Student 26 Assistant County Attorney 27 28 f/v-98-21 RESOLUTION 29 30 JAN 6 1999 -2- Palm River Estates Unit 4, Block '-'E" Lots 10, 11 and WEST 70 FEET OF Lot 12 as recorded in Plat Book 8, pages 69 and 70 of Collier County Public Records. SXa~B~T "$" JAN 2 6 1999 December 14, I998 Collier County Government Environmental Services Division 2800 North Horseshoe Dr Naples, Florida 34104 Attention: Chahram Badamtchian Principal Planner Re: Petition No. V-98-21, James W. Viergutz Representing Wedgmont Inc. We live on the third floor of Country Club Gardens condominium, directly across from Wedgmont. We speak for several of our upper floor neighbors when we ask that you not approve the (25 foot) variance request by WedSnnom to build a (22) bay car port. A nine foot high structure so close to the street could not be properly screened for residents on the two upper floors. It would destroy a pleasant view and the aesthetics of the neighborhood. We ask that this variance request be denied. Very truly yours, Hugh Ayers Irene M. Ayers JAN ~ 6 7999 Clin c_ s. c ~ F/tfr' 211 N. Eddy at kagalle, PO. Box 1755, South Bend, IN 46634 Phone 219/234-8161 ROBERT W CLAUSEN, MD .,/ JAMES B HARRIS III. M.D. DERMATOLOGY ENDOCRI~OLOGY - DIABETES ELDRED H MacDONELL, MD JOHN J CAVANAUGH, MD F~CIAL P~8TIC SURGERY DAVID A CAMPBELL, M.D. GRANGER FAMILY MEDICINE /' S JESSE HS~EH, MD ,~~~ GASTROENTEROLOGY ~ , RANDOLPH E SZLABiCK. M D. JOHN W SCHURZ, MD ~NTERNAL MEDIC~NE MICHAEL A. STRZELECKI, M D. ~HOMAS P BARBOUR, MD OBSTETRICS AND GYNECOLOGY NANCY KELLER MADDEN, MD ' ' SUZANNE C SWANSON, MD SARA C STRICKLER, MD t OPHTHALMOLOGY KAZIMIR J. ODRCIC, MD. '~~ MAR~N A, WILLS. MD DAVID M ~VEY, M.D. ORTHOPEDIC SURGERY · ~ ' ZW SOBOL, MD. FREDERICK D RAU, MD ~O~RYNGOLOGY (EAR-NOSE-THROA~ ~ , G, WALTER ER~CKSON, M.D ~ . GEORGE A HORVATH, M.D TIMOTHY J. DURHAM, M.D. J~LL O. NOREU~L, M.D. JAN E SANDERS, M.D RHEUMATOLOGY MICHAEL A. BORKO~KI, M.D. ALAN J BIRNBAUM, M.D, UROLOGY RICHARD J. HOLLOWAY. M.D. ) ' AUDIOLOGY MA~ E. DILLON, MS. ROENTGENOLOGY ADMINISTRA~R ,~~ EUGENE LADE~KI CHIEF FINANCIAL OFFICER - RICHARD F. KLEE, JR., CPA CHIEF OPERATING OFFICER N JAN 2 6 999 Dec. 11, 1998 Collier County Government Environmental Services Division 2800 North Horseshoe Dr. Naples Florida 34104 Attention: Chahram Badamtchian Principal Planner Re: Petition No. V-98-21, James W. Viergutz Representing Wedgrnom Inc. The unit owners of our condominium, Country Club Gardens Inc., have questions and concerns regarding this (25 ft.) variance. We are across the street from Wedgemont, and feel a (22) bay carport, with an average height of(9 ft.) and over (1 0 ft.) from the street, would be an ugly and ungainly sight. It would be impossible to properly screen such a structure so near the street, due to the facts that there are (6) trees surrounded by flower beds which are (5 ft.) in diameter. In addition there are also (3) lampposts. All these items are in the (10 ft.) grass strip between the parking area and the curb. Screening cannot be placed forward of the trees and lampposts as it would be less than (2 ft.) from the street. A sketch of the area is enclosed. We recently had carports installed, and from the information we had on footage and requirements needed by the county, it appears that they should have other alternatives that would meet the set back requirements. The date of this meeting is very untimely. Most of our owners will be away for the holidays, and will not be back home until the first of the year, therefore we are not sure if we will be represemed at this meeting. We would like it noted that we object to the building of such a large structure so close to the street and ask that the (25 ft.) variance be denied. Yours very truly Country Club Gardens Inc. Board of Directors j.a.e. JAN g 6 1999 VARIANCE PETITION (VARIANCE FROM SETBACK(S) · 'V 9 8- 2 I ~ 15 199~ PETITION NO. DATE PETITION ~CEI (~O~ TO BE FILLED IN BY STAFF) PETITIONER' S NAME W,/~eLQ6--/~o/V T" Nhf~5/~L. D~fld TELEPHO~ ~-I~ f~. AGENT'S ~D~SS .~70 ~1 ~, TELEPHO~ LEG~ DESCRIPTION OF SUBJECT PROPERTY: LOT(S) BLOCK(S) s~n~ws~o~ sgcTzo~ ~3 TwO. (If legal description is lengthy, i.e. metes & bonds description, attach additional page) C~RENT ZONING OF SUB~CT PROPERTY EXISTING ~D USE ON S~CT PROPERTY ~JACENT ZONING & ~D USE ZONING ~ USE MINI~ Y~D REQUIR~ENTS FOR S~JECT PROPERTY ~ONT: CO~ER LOT: ~YES (CIRCLE ONE) SIDE: WATERFRON LOT: NO~ (CIRCLE O~) 1 Po. /5 _ NATURE OF PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroacbjnent 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 if possible); why encroachment is necessary; how existing encroachment came to be; etc. 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 (1-6). (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. rt4~. o(= D~'E~af ,v,E,rr, 7-#~ 5',T/'~/G ~/~ r,~ . 2 I,,( ' T'''~C~ T Ttf~ (.z,'L~ ~f T',.~/C.. of'- A ;.-'A,~, /,~NCl iEi: . . 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. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. 4. Will the variance, if granted, be the minim~ variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. r 5. Will granting the variance re~ested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the s~e zoning district. JAN 2 6 1999 3 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. 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. 8. Will granting the variance be consistent with the growth management plan. JAN ?~ 6 1999 4 /,¢ AFFIDAVIT I, ~uF~D~c~- ~NC. being first duly sworn, depose and say that I am 't~e owner 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 completed and accurate before a hearing can be advertised. I further permit ,~J w. J~~ to act as my (AGENT ' S N~E ) representative in any matters regarding this Petition. SI~~ OF ~R State of Florida F~a~,r/ County of Collier ~F The foregoing Agreement Sheet was acknowledged before me this day of Oc~ , 199~ by Covao~ , who is personally kno~ to me o ~tificaticn &nd who a~a ~a~a net) ........... an o~th. , , ot'ary ublicl i gn~ ~~ NOTARY PUBLIC Commission # My Commission Expires: State of Florida ~IGNATURE OF AGA~TU County of Collier The foregoing Agreement Sheet was acknowledged before me this day of , 1996 by , who is personally known to me or who has produced as identification and who did (did not) take an oath. (Signature of Notary Public) NOTARY PUBLIC Commission # My Commission Expire': VARIANCE APPLICATION/md JAN 2 6 1999 5 VARIANCE PETITION CHECKLIST NOTE: This petition will not be processed unless all of the following items are submitted. ITEM # COPIES 1. Completed Application packet (NOTE: (15) Petitioner is to be listed as the property owner) 2. A notarized letter signed by the (1) property owner authorizing your (the agent) to act on behalf of the petitioner and deposing that all information is honest and true to the best of your knowledge and belief. (You may sign the petition as the agent). 3. A check for the proper amount, made out (1) to the "Board of County Commissioners" 4. A survey of the property, showing the (1) encroachment (measured in feet), lot dimensions and all structures, unless waived at pre-app meeting. 5. A Plot Plan depicting all of the (15) following: 24"x36" a) Scale, date, north arrow (1) b) Property boundaries & dimensions 8 1/2"x11" c) Zoning District d) Existing & proposed structures (labeled such) e) The required setbacks & the proposes setbacks 6. A location map depicting major streets in (1) the area for reference. 8 1/2"x11" VARIANCE CHECKLIST/md NAGEN I J JAN 2 6 1999 EXECUTIVE SUMMARY PETITION NO. CU-98-24 MARK W. MINOR, P.E., OF Q. GRADY MINOR & ASSOCIATES, P.A., REPRESENTING ROBERT DUNCAN FOR THE TASK FORCE FOR THE HOMELESS, REQUESTING CONDITIONAL USE "9" OF THE "C-4" ZONING DISTRICT PER SECTION 2.2.15.3. TO ADD TWENTY (20) BEDS TO AN EXISTING HOMELESS SHELTER FOR PROPERTY LOCATED AT 2001 AIRPORT ROAD SOUTH (C.R.31 ), FURTHER DESCRIBED AS LOT 1, BLOCK K, THE GLADES, UNIT TWO, IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 2.3 +/- ACRES. OBJECTIVE: The applicant is seeking to obtain approval for Conditional Use "9" (Homeless Shelters) in a General Commercial, "C-4" zoning district in order to add twenty (20) beds to an existing homeless shelter for a total of 104 beds. CONSIDERATIONS: The 2.3 acre site is currently developed with an existing 84 bed Homeless Shelter which has been in existence since late 1994. The facility was originally constructed when homeless shelters were a permitted use in a C-4 zoning district. Subsequently, the C-4 zoning district was amended to allow homeless shelters as a conditional use within the district. The petitioner wishes to add an additional twenty (20) beds to the existing shelter for a total of 104 beds. The beds would be used as a women and children's wing and would allow the shelter to increase its services to women and children. The petitioner proposes to add the twenty (20) beds in a section of the existing building which is presently used as a storage area, therefore, the footprint of the existing building will not be enlarged. The only physical change to the site will be to construct six (6) additional parking spaces to comply with the current parking regulations. Access to the site will be provided via the existing driveway entrance off of Glades Boulevard and an exit-only onto Airport-Pulling Road. No new ingress or egress is planned. Driveway access and site circulation are not proposed to change. PROS/CONS: The list below contains a summary of the evaluation of the criteria, which are specifically noted in Section 2.7.4.4. of the Land Development Code requiting staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. PROS: Surrounding land uses on three sides are more intense in nature than the proposed use. The site fronts on a 6-lane arterial road surrounded by C-3 and C-4 commercial zoning on two sides. There is an established landscape buffer, a drainage ditch and a six (6) foot high opaque fence which provides significant buffering between the subject site and the abutting residential uses to the east. The addition of twenty (20) beds within the confines of the existing structure should not be detrimental to surrounding properties. Due to the high activity levels associated with the neighboring commercial zoning districts, and the residential nature of the existing use, the expansion of the existing use should not prove to be detrimental to neighboring properties. The existing footprint of the strucU;re~s proposed to change. The existing site circulation pattern and access points will not chang J~N ~ 6 1999 CONS: The abutting property to the east is currently developed with multiple family type of land uses. However, the existing landscape buffer and drainage ditch help mitigate somewhat, any perceived negative impacts associated with the existing use. FISCAL IMPACT: This conditional use request by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing structure will be redeveloped. The mere fact that redevelopment has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset 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. GROWTH MANAGEMENT IMPACT: Future Land Use Element: The subject site is designated Urban Residential Mixed Use on the Future Land Use Map of the Growth Management Plan. This district permits mixed use commercial and residential development, including recreation and open space type of uses. The Land Development Code establishes a procedure, which may result in approving a development order for a homeless shelter in Commercial "" zoned districts. To that extent this petition is consistent with the FLUE. Approval of this petition will have no impact on the Growth Management Plan. Traffic Circulation Element: The ITE Trip Generation Manual indicates that the proposed use will not exceed the significance test standard (5 percent of the LOS "C" design volume) on CR-31. In addition, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists this segment ofCR-31 as a 6-lane arterial road. The traffic count for this segment fronting the project is 29,845 AADT and is operating at LOS "D". It should be noted that this segment is not projected to be deficient at the build out of this project. Staff reviewed the layout of the conceptual site plan from a planning and traffic safety standpoint and finds the following: The existing main access point from Glades Boulevard provides clear sight distance. A secondary exit only access is provided onto Airport-Pulling Road (CR-31 ). These access points should operate adequately subject to any required engineering improvements and the Collier County Access Management Plan. 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. N JAN ,~ 6 1999 PLANNING COMMISSION RECOMMENDATION: At the Planning Commission meeting held on January 7, 1999, the Planning Commission voted unanimously to forward a recommendation for approval of CU-98-24 to the Board of County Commissioners subject to staffs stipulations as outlined in the resolution of adoption. This petition was not eligible for the summary agenda because planning staff received one (1) telephone call from a person who identified himself as the property owner of a commercial building across the street, on the west side of Airport-Pulling Road. The property owner was concerned that previously, he had found people loitering around his building. Apparently, when he questioned the individuals as to why they were there, some claimed to have been asked to leave St. Matthew's House. Staff received no other written or oral objections. PREPARED BY: S( SA gY ,AY, A CP ' CHIEF PLANNER CURRENT PLANNING SECTION ROBERT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENV. SVCS. DIVISION Petition Number: CU-98-24, St. Matthew's House NOTE: This Petition has been tentatively advertised for the January 26, 1999 BCC meeting. JAN 2 6 1999 ~ Pa. AGENDA ITEM 7-F MEMORANDUNI TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: DECEMBER 8, 1998 RE: PETITION NO: CU-98-24 St. Matthew's House AGENT/OWNER: Agent: Mark W. Minor, P.E. 3800 Via Del Rey Bonita Springs, FL 34134 Owner: Robert Duncan, Task Force for the Homeless 2691 Airport Road South Naples, FL 34112 GEOGRAPHIC LOCATION: The subject site is located on the east side of Airport-Pulling Road just north of the existing Collier County Government Center site, located in Section 12, Township 50 South, Range 25 East, Collier County, Florida, more specifically described as Block K, Lot 1, The Glades Subdivision Unit 2. REQUESTED ACTION: The applicant is seeking to obtain approval for Conditional Use '~9" (Homeless Shelters) in a General Commercial, "C-4" zoning district. PURPOSE/DESCRIPTION OF PROJECT: The 2.3 acre site is currently developed with an existing 84 bed Homeless Shelter which has been in existence since late 1994. The facility was originally constructed when homeless shelters were a permitted use in a C-4 zoning district. Subsequently, the C-4 zoning district was amended to allow homeless shelters as a conditional use within the district. The petitioner wishes to add an additional twenty (20) beds to the existing shelter for a total of 104 beds. The beds would be used as a women's and children's wing and would allow the shelter to increase its services to women and children. The petitioner proposes to add the twenty (20) beds in a section of the existing building which is presently used as a storage area, therefore, the footprint of the existing building will not be enlarged. The only physical change to the site will be to construct six (6) additional parking spaces to comply with the Driveway access and site circulation are not proposed to change. i JAN g 6 1999 1 SURROUNDING LAND USE AND ZONING: Existing conditions: The subject site is currently developed with an existing homeless shelter. The site is zoned General Commercial, C-4. The C-4 zoning district permits homeless shelters as a conditional use. ZONING LAND USE Surrounding: North- C-4 Vacant South - C-3 Automotive Sales East - RMF- 16 Multi-family residential West -C-4 Office and Retail GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The property lies within the Mixed Use Urban Residential designated area on the Future Land Use Map to the Future Land Use Element (FLUE). Mixed Use Urban Residential land use are intended to be mixed-use in character. This land use classification provides for commercial and residential types of land uses, essential services, and institutional type of land uses. The Land Development Code establishes a procedure which may result in approving a development order for a homeless shelter in Commercial zoned districts. To that extent this petition is consistent with the FLUE. Other consistency relationships are as follows: Traffic Circulation Element: The ITE Trip Generation Manual indicates that the proposed use will not exceed the significance test standard (5 percent of the LOS "C" design volume) on CR-31. In addition, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists this segment of CR-31 as a 6-1ane arterial road. The traffic count for this segment fronting the project is 29,845 AADT and is operating at LOS "D". It should be noted that this segment is not projected to be deficient at the build out of this project. Staff reviewed the layout of the conceptual site plan from a planning and traffic safety standpoint and finds the following: The existing main access point from Glades Boulevard provides clear sight distance. A secondary exit only access is provided onto Airport-Pulling Road (CR-31 ). These access points should operate adequately subject to any required engineering improvements and the Collier County Access Management Plan. Other Applicable Element: 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 ir 'ra.qtructure and/or extension of available public utilities is required, these will be mandated at the me o .~ .~ENDA ITEM ~ of the required site development plan. 2 N g 6 1999 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as designated on the official Collier County Probability Map. Therefore, no survey and as s es sment i s requi red. However, pursuant to Section 2.2.2 5.8.1. o f 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. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. CRITERIA EVALUATION: The Current Planning staff has coordinated 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 below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for 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 below, and are categorized as either pro or con as 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. CONDITIONAL USE: a. Consistency with the Land Development Code and Growth Management Plan. Pro: The requested uses are consistent with the applicable elements of the GMP and provisions of the LDC. Con: Not applicable in view of the consistency evaluation with the GMP and LDC. Summary Conclusion: The proposed use is authorized in the Mixed Use Activity Center designated areas in the "C-4" General Commercial zoning district, which provides for the requested use as a conditionally permitted use. JAN 2 6 1999 PrL 2/ 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 and/or catastrophe. Pro: Access to the site will be provided from an existing driveway entrance located off of Glades Boulevard and a secondary, exit-only driveway from the site to Airport-Pulling Road. Glades Boulevard provides direct access to the driveway along the northern boundary of the site which leads to parking areas located on the west side of the structure, and the adjacent outdoor, covered courtyard on the west side of the site centrally located within the building. The existing parking area exits in a right-ram only onto Airport-Pulling Road via an "exit-only" driveway The overall site circulation pattem is already established and functioning. The development of this site does not propose to alter that pattern. Con: None. Summary Conclusion: The major points of ingress and egress to the site are already established and functioning due to the existence of the existing homeless shelter. The additional beds will not significantly not alter existing traffic patterns. c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: The existing shelter has existed at the same location for more than three years without known adverse impacts on adjacent land uses. The site is developed with an outdoor covered walkway and courtyard on the west side, centrally located in the existing building, adjacent to Airport-Pulling Road. The shelter provides a secure and isolated congregation area to minimize noise impacts on adjacent properties. Since the proposed use is significantly residential in nature, the time of high activity levels generally occur during regular daytime hours. The building is not proposed to be expanded; existing space within the building will be re-allocated to provide for twenty (20) additional beds. The existing landscape buffering along the eastern property boundary consists of a six (6) foot high, opaque fence, coupled with trees and shrubs required by the Land Development Code. There is also an existing drainage ditch between the eastern landscape buffer and the subject site which creates a 74-foot separation distance betweeh the existing structure and its eastern property boundary. The rear of the structure abuts the residential uses to the east. The front of the structure, where the majority of the site related activities are located, including the parking area and main entrance, abut the north and west property lines. Con: None. Summary Conclusion: The layout of the site, the configuration of the buildings within the development, the existing landscape buffer, and the residential nature of the use will help to lessen somewhat, any noise affects associated with the subject use. ' J A N 2 6 1999 d. Compatibili~ ~vith adjacent properties and other proper~, in the district. Pro: The subject site is located adjacent to commercially zoned properties to the north and south. The property to the north is currently undeveloped. The property to the south is under construction for a car dealership. The site abuts Airport-Pulling Road to the west. Con: The abutting property to the east is currently developed with multiple family type of land uses. However, the existing landscape buffer and drainage ditch help mitigate somewhat, any perceived negative impacts associated with the existing use. Summary Conclusion: Surrounding land uses on three sides are more intense in nature than the proposed use. The site fronts on a 6-lane arterial road surrounded by C-3 and C-4 commercial zoning on two sides. There is an established landscape buffer, a drainage ditch and a six (6) foot high opaque fence which provides significant buffering between the subject site and the abutting residential uses to the east. The addition of twenty (20) beds within the confines of the existing structure should not be detrimental to surrounding properties. Due to the high activity levels associated with the neighboring commercial zoning districts, and the residential nature of the existing use, the expansion of the existing use should not prove to be detrimental to neighboring properties. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-98-24 for Conditional Use 9 -Homeless Shelters of the C-4, General Commercial zoning district as described in the Resolution of Adoption and Exhibits, and subject to the following stipulations. a. The Planning Services Department Director may approve minor changes in the location of the use within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91 - 102). b. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code, as amended. c. 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 plan/construction plan approval. d. The site shall be brought up to current landscape code requirements prior to the issuance of a certificate of occupancy for the portion of the structure converted for the additional beds. JAN 2 6 1999 5 Pg._ ~ ~ PREPARED BY: /4jIJSANMURRAY'AICP C DATE ,6"1 fIEF PLANNER EVIEWE BY: 1~ ~NALD F. NTNO, AICP DATE CURRENT PLANNING MANAGER /, fro.-,- y t - "' ,/i~OBE~T J. MULHERE, AICP DATE PLANNING SERVICES DIRECTOR APPROVED BY: /& VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRON. SVCS DIVISION Staff Report for the January 7, 1999 CCPC meeting. NOTE: Tentatively scheduled for the January 26, 1999 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: MICH~ BRUET, CHAIRPERSON JAN g 6 1999 6 RESOLUTION 99- A RESOLUTION PROVIDING FOR THE ESTA-mLiSHMENT OF AN ADDITIONAL TWENTY (20) BEDS TO AN EXISTING u'~'v=~"'"S SHELTER CONDITIONAL USE "9" IN THE C-4 ZONING EiSTRICT PURSUANT TO SECTION 2.2.15.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 12, TOWNSHIP 50 SOUTH, FANGE 25 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, ~he County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-!02) which includes a Comprehensive Zoning Ordinance establishing regu!azlons for the zoning of parEicu!ar geographic divisions of the County, among which is the granting cf Conditional Uses; and WHEREAS, the Collier County Planning Cornissicn, being the du. appointed and constituted planning board for the area hereby affected, has held a public hearing after neEice as in said Conditional Use "9" of Section 2.2.15.3. in a C-4 Zone for an additional twenzv (20) beds to an existing homeless shelter on the property hereinafzer described, and has found as a mateer 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 asse~ted and the Board havin~ considered all matters presented. NOW, THEREFORE BE IT RESOLVED,-BY THE BOARD OF ZONING APP~S of Collier County, Florida that: AGEN JAN 2 6 1999 The Fetiticn filed b'v [,'.ark W. ,Minor, P.E., of Q. Gr=-d'; :.:inor & ~ Associates, ? ~ , re.zresen:in7 F. cber~ ~ ...... f~r the Task Force for -_he Homeless with respect Is llqe .~rcperty hereinafter described Lot i, ~lock K, The Glades, Uniz Two, as recorded in Plat ~ .. ~ock 1O, iage 88, cf ~he Pub!it Records cf Collier Czur. zy, ---~~ .... '~ ..... be and the same is hereby apprcved for Ccndi~icnal Use "9' cf Section --="'r==~<'- ..... =""= ...... 2.2.15.3. of the C-4 Zoning District for an additional twenty (20) "' """.'-'t=lY'= ..... /' ~ beds to an existing homeless she!~er in accordance wi~h the Conceptual Master Plan Exhibit "B") and subject to the following ~~;~_ .,~__. . conditions: ........... = Exhibit "C" which Is atEached hereto and incorporated by reference herein. ~ ......... ~E iT FURTHER RESOLVED thaz this Resolution be recorded in the ....... ===- ...... --~. --- r~nutes of this BoarC. ~ This Resolution atoptee after mczion, second and majori%y vote. ' -'" :' ~='~= =" ...... =:"=' ..... '= Done this day cf , 1999. ~ ........ ~"=~~ SOARD OF ZONING APPEALS ~.<,--,= =.- .... .... ~_~:,. - ......;_:=:. COLLIER COUNTY, FLORIDA .-,:- r-L L--: ...... ,' _.; ~ Chaixman ATTEST: · --" ' ' DWIGHT E. BROCK, Clerk Approved as Eo Form and "'~'F',,.-.- : - Legal Sufficiency: "' .... ....... ;'~~ Marjo~e M. thSe~t 77...7 ~: ,2 '-//"7 =~: ';-, '- s .,~.:.~z~;~;~>_~~.., Assistant County Attorney ' ~;~ '-~X;~' - -;; ::lr~~~ f/CU-98-24 RESOLUTION ,__.,-l_~- ...... ..' .... .' N F':"".TDTi'':v''- "": COLLiEP. COL,.~TY ~L"-_~.i~iNG COF2<iSSION FOP~ A CONDITIONAL USE PETIT!O)i FOP, CU-9=~-24 The following facts are found: 1. Section 2.2.15.3.9 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will non adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Deve!opmenz Code and Growth Managemenn ~lan: Yes No B. Ingress and egress to property and mroposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adecuate ingress a egress Yes 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 properly in the district: Ccmmatibie use within disfritz Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: C~IIRMAN: , _. f/F.I_NDING OF FACT CEAIRMAN/CU-98-24 Exhibit A ., r I · JAN 6 4999 E.,Cmbit C Subject to the following conditions: a. The Planning Services Department Director may approve minor changes in the location of the use within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as pan of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). b..~un appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County. Land Development Code, as mended. c. An exotic vegetation removal, monitonng, and maintenance (exotic free) plan for the site, with emphasis on the conservatiorvpreservation areas, shall be submitted to Current Planning environmental staff for review and approval prior to final site plarv'construction plan approval. d. The site shall be brought up to current landscape code requirements prior to the issuance of a certificate of occupancy for the portion of the structure converted for the additional beds. EXECUTIVE SUMMARY BUDGET AMENDMENT TO ESTABLISH A PROJECT BUDGET ACCOUNT FOR TFIE 1998 ECONOMIC DEVELOPMENT - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT WHITE LAKE INDUSTRIAL PARK. OJllF..~jZL~i To have the Board of Commissioners authorize the Office of Management and Budget to establish a project budget account for the 1998 Economic Development - Community Development Block Grant (CDBG) Project White Lake Industrial Park, and to establish an appropriate Budget for that project. CONSIDERATION: In 1998 Collier County was awarded a $750,000 Economic Development Grant for the construction of a new road with appurtenances in the PUD known as White Lake Industrial Park. Collier County has recently received a fully executed contract from the Department of Community Affairs (DCA) for the amount of $750,000. A copy of this contract has been forwarded to the Clerk of Courts, Finance Department. This is a reimbursement grant, in which funds will be received from the Department of Community Affairs (DCA), in Tallahassee, Florida. Since the County has the signed contract with the DCA, a revenue and expenditure budget for the project must be established. FISCAL IMPACT: Once the budget amendment has been approved, the Finance Dept. will establish the Revenue Budget by setting up line items: Fund 121 (Urban Improvement Grants) Cost Center 138755 (CDBG Grants) Object Code 331550 (Community Development Block Grant Revenues)-$750,000 Project No: 33022 (White Lake Industrial Park Project) The Office of Management and Budget will establish the Expenditure Budget by setting up line items: Fund 121 (Urban Improvement Grants) Cost Center 138755 (CDBG Grants) Object Code 63 1550 (Construction Management)-$60,000 763110 (Road & Bridge Construction) -$690, O00 Project No: 33022 (White Lake Industrial Park Project) GROWTH MANAGEMENT IMPACT: As stated above these funds will be used to construct a new road with appurtenances in the County Approved PUD known as White Lake Industrial Park. This road will allow a manufacturing company to construct a 70,000 SF facility, which will bring approximately 250 jobs to the Collier County area. RECOMMENDATION: That the Board of County Commissioners authorize the Office of Management and Budget to establish a project budget for the 1998 Economic Development - Community : Development Block Grant (CDBG) Project White Lake Industrial Park, for the designated line items nonald/RTBTalock, Jr., Mana~r Housing and Urban Improvement Greg M' c, Director · ---, ~Urban Im vement APPROVED BY: ~j~~" ~ Date: / ' Vince A. Cautero AICP, Administrator dAN Comm~iW Development and Environmental Se~ices EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF COTTON GREENS AND APPROVAL THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of Cotton Greens. CONSIDERATIONS: The Board of County Commissioners on March 10, 1998 approved the final plat of Cotton Greens 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 $260, 128.00 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 $150,263.00. The developer has provided a Letter of Credit 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: $5,084.75 Fees are based on a construction estimate of $260,128.00 and were paid in December, 1997 and are reflected in the Executive Summary of March 10, 1998. J/XN 2 6 7999 Pg. _,/ Executive Summary Cotton Greens Page 2 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Cotton Greens", with the following stipulations: 1) Accept the Letter of Credit as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Cotton Greens" 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. 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 APPR JAN g 6 1999 Document Prepared By Mark W. Minor, P.E. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of 199 between 951 Land Holdings Joint Venture hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of subdivision to be known as: "Cotton Green" 2. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby convenient and agree as follows: 1. Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping and irrigation improvements within 36 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A") and by reference made a part of in the amount of $150,263.00 which amount represents 10 % of the total contract cost to complete construction plus 100 % of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. AGENDA ITEM No JAN E 6 1999 4. The required improvements shall not be' considered complete until a statement of substantial completion by Developer' s engineer along with the final project records have been furrushed to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Developer Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one 'year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director inspect the improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the 10% subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for the reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemmfy the Board, upon completion of construction, the final cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to carry out all of the provisions of the Agreement. 9. All of terms, covenants and conditions herein contained are and shall be finding upon the respective successors and assigns of the Developer. JAN 2 6 1999 IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this __ day of , 199 . Signed, Sealed and Delivered in the presence of: 95 1 Land Holdings Joint Venture A Florida General Partnership By: Gulf Bay 100, Ltd., a Florida Limited Partnership, a Partner By: Gulf Bay 100 Inc., a Florida Corp ation Its eral Parmer A bd ly (Printed ~r Typed Name) --/ '- (Printed or Typed Name) Attest: Board of County Commissioners Dwight E. Brock, Clerk of Collier County, Florida BY: Deputy Clerk Chairman Approved as to form and legal sufficiency: David C. Weigel Collier County Attorney F: FIDCREEKXFC 16. PR JAN 2 6 1999 F'.g:_ L,,,. OI,~i(.~IINAL '~k~ I nr'" I q,./f%,takl c}/.M~lr~, LI L/. NEW YORK BRANCH IRRE'VOCABLE: P.~,.RK AVENUE PLAZA LETTER OF CREDIT 55 EAST 52rid STREET NEW YORK, N Y 10055 U S A. CABLE ADDRESS: TOKAIBANK TELEX: 422857 (TOKAI 422857) IRREVOCABLE STAND-BY LETTER OF CREDIT No. CLG(92)0300 DATE OF ISSUE: December 21, 1998 PLACE OF EXPIRY: At Issuer's counters DATE OF EXPIRY: This credit shall be valid until December 20, 1999, and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any anniversary date, the issuer notifies the Beneficiary, in writing by registered mail, that the Issuer elects not to so renew this credit. APPLICANT: Tomen America Inc. on behalf of 951 Land Holdings Joint Venture (hereinafter "Applicant"), 4001 Tamiami Trail North, Suite 350, Naples, FL 34103. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary"), c/o Office of the County Attorney, Collier County Courthouse Complex, Naples, Florida. AMOUNT: $150,263.00 CU.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer BY: Payment against documents detailed herein and Beneficiar}.,'s drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT THAT: "951 LAND HOLDINGS JOINT VENTURE has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Cotton Green, a replat of Tract F-16 of Fiddler' s Creek, Phase 1B Unit Three, or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory altemative performance security has not been provided to and formally accepted by the Beneficiary." Page I of 2 --'--*"" JAN 2 6 1999 O~IGINAL- ~ THE TOKAI BANK, LTD. NEW YORK BRANCH IR It['VOC ABL [;' PARK AVENUE PLAZA LETTER OF CREDIT 55EAST 52rid STREET ~ N0. NEW YORK, NY 10055 US A. ~ E ADDRESS: TOKAIBANK ': 422857 ('TOKAI 422857) CONTINUATION OF CREDIT NO, CLG(92)0300 DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under Credit No. CLG(92)0300, dated December 21, 1998". The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engage with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of the Credit. This Credit is subject to the Uniform Costumes and Practice for Documentary Credits ( 1993 revision) International Chamber of Commerce Publication No. 500. The Tokai Bank, Limited ~v~etbr Sastri Senior vice President & Assistant General Manager Page 2 of 2 JAN 2 6 1999 EXECUTIVE SUMMARY ~-- REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "NORTHSHORE LAKE VILLAS REPLAT" OBJECTIVE: To grant final acceptance of "Northshore Lake Villas Replat" CONSIDERATION: 1. On July 7, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Northshore Lake Villas Rep!at" 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 JAN 2 6 1999 Executive Summary Northshore Lake Villas Replat Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Northshore Lake Villas Replat" 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 ThomaF E. K6ck, P.E. Date Engineering Review Manager here, AICP Date~ Planning Services Department Director APPROVED By.~ Vincent A. Cautero, AICP, Administrator Date Community Dev. and Environmental Svcs. j rh JAN 5. 6 1999 1 RESOLUTION NO. 99- 2 4 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF 5 THOSE ROADWAY, DRAINAGE. WATER AND SEWER 6 IMPROVEMENTS IN NORTHSHORE LAKE VILLAS, 7 RELEASE OF THE MAINTENANCE SECL'PdTY, AND 8 ACCEPTING THE MAINTENANCE RESPONSIBILITY 9 FOR THE ROADWAY. DRAINAGE, WATER AND 10 SEWER IMPROVEMENTS THAT ARE NOT REQUIRED 11 TO BE MAINTAINED BY THE HOMEOx3,.rNERS 12 ASSOCIATION. 13 14 15 16 WHEREAS, the Board of County Commissioners of Collier County, Florida, on January 17 28, 1997 approved the plat of Northshore Lake Villas for recording; and 18 19 WHEREAS, the developer has constructed and maintained the roadway, drainage, water 20 and sewer improvements in accordance with the approved plans and specifications and as 21 required by the Land Development Code (Collier County Ordinance No. 91-102. as mended); 22 and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and 23 24 WHEREAS, the developer has now requested final acceptance of the roadway, drainage, 25 water and sewer improvements and release of his maintenance security; and 26 27 WHEREAS, the Compliance Services Section of the Development Services Department 28 has inspected the roadway, drainage, water and sewer improvements and is recommending 29 acceptance of said facilities. 30 ,._.. 31 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF. COUNTY 32 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for 33 those roadw.ay, drainage, water and sewer improvements in Northshore Lake Villas, and 34 authorize the Clerk to release the maintenance security. 35 36 BE IT FURTHER RESOLVED AND ORDERED that the County accept the future 37 maintenance and other attendant costs for the roadway, drainage. water and sewer improvements 38 that are not required to be maintained by the homeowners association. 39 40 This Resolution adopted after motion. second and majority vote favoring same. 41 42 43 44 DATE: BOARD OF COUNTY COMMISSIONERS 45 ATTEST: COLLIER COUNTY, FLORIDA 46 Dx3,qGHT E. BROCK, CLERK 47 48 By: 49 CHAIRMAN 50 51 52 Approved as to form and legal 53 sufficiency: 56 Heidi F. Ashton 57 Assistant Collier County Attorney ~ 58 60 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.673, "ROBERTS HOMESITE AND COMMERCIAL EXCAVATION" LOCATED IN SECTION 29, TOWNSHIP 47, SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH, EAST, AND SOUTH BY VACANT LAND ZONED ESTATES, AND ON THE WEST BY A CANAL AND VACANT LAND ZONED AGRICULTURAL. OBJECTIVE: To issue an excavation permit to Jolly Trucking for the project known as "Roberts Homesite and Commercial Excavation" in accordance with County Ordinance No. 92-73, Division 3.5. CONSIDERATIONS: The Petitioner proposes to excavate one lake with a surface area of 2.67 acres + on a 9.75 acre site to a depth of 20 feet. The resultant 56,000+/- C.Y. of fill will be used for house pad construction in Golden Gate Estates with the exception of a small amount to be left onsite to fill for a proposed house. This project was reviewed and approved by the E.A.B. on 2 DEC 98. FISCAL IMPACT: The Community Development Fund, Development Services (11313890032940000000) has or will ,,--, receive $1,076.00 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $ 226.00 $1076.00 TOTAL FEES A security in the amount of $25,000 must be posted prior to permit issuance. Road impact fees will be computed at the time of permit issuance, but are estimated to be about $2700. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.673 to Jolly Trucking for the project known as "Roberrs Commercial Excavation and Homesite" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 20 feet below grade. "" 2. Off-site removal of material shall be subject to "Standard Conditions" iml: ;~sed bv the Transportation Services Division in document dated 1/13/98 (copy attached). .~.~?2e,~];~t JAN 2 6 1999 ._..__pg, / ~ ,--- 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. 5. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for a Vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. 6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be field determined. 7. No Excavation Permit shall be issued until all impact fees have been paid. PREPARED BY STAN CH~ANOWSKI DATE SENIOR ENGINEER THOMAS E. KUCK, P.E. DATE ENGINEERING REVIEW MANAGER '/ T J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.631 EX SUMMARY/md j/ rq 2 6 ' 999 2 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 fight 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" J/~N 2 6 t999 Page One of Two 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 fi'om 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 JAN 2 6 1999 Z ~ ~, \ S,R. 29 l_ / ,j. .. . , , , , '[' ' . .LiL~--*. , '1 i]II ~ ~1~1 I~ll II I~11 ":l I I11~ r Pn i''~''' EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE EXCAVATION PERMIT NO. 59.678 TIM MALONEY II COMMERCIAL EXCAVATION LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH BY 72r~n AVENUE NE R/W, ON THE WEST BY 4OTH STREET NE R/W AND ON THE SOUTH AND EAST BY VACANT TRACT. OBJECTIVE: To issue Excavation Permit No. 59.678 for the Tim Maloney II Commercial Excavation 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 20,000.00 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 Agency: County Manager Cost Center 138900 - Development Services Revenue generated by this project Total $3,183.00 The breakdown is as follows: a) Excavation Review Fee - $ 850.00 b) Excavation Permit Fee - $ 118.00 c) Road Impact Fee - $2,215.00 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.678 for the Tim Maloney II Commercial Excavation with the following stipulations: 1. The excavation shall be limited to a maximum depth of twelve (12) feet below water table and a minimum depth of six (6) feet below low water table. JAN 2 6 7999 1 ,,_~g~_.../ 2 Off-site removal of material 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. All provisions of Collier County Ordinance No. 913102, Division 3.5 shall be adhered to. 5. Groundwater shall not be pumped during the excavating operation. 6. No blasting will be permitted unless issued a separate permit by Collier County Engineering Review Services. 7. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around the entire perimeter of the stockpile area. 8. Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion control device installed. 9. No excavation permit shall be issued until the road impact fees has been paid. 10. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence. STEPiN'/SZ/f~6~.~E.,'~N~OR ENGINEER ENGINEERING REVIEW REVIEWED B~: i? TOM KUCK, P.E. " " DATE ENGINEERING REVIEW MANAGER ROBERT J. MULm~RE, MCP DATE PLANNING SERVIC DEPARTMENT DIRECTOR APPROVEi~- ~ "- VINCENT , ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Perrllit No.59.656 EX SUMMARY/SS/den 2 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 track 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. EXHJ'lqlT "B" ,JAN 2 6 ' 999 Page One of Two 6. Based on soil boring information per Ordinance No. 91-102 as mended, 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 fight 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 pennit 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 JAN 2 6 1999 REGIONAL LOCATION OF THE PROJECT S]TE:.~?;~-- J/~N ~ 6 199,c~ EXECUTIVE SUMMARY ~-, REQUEST TO APPROVE THE FINAL PLAT OF "FORREST GLEN OF NAPLES" OBJECTIVE: To approve the final plat of "Forrest Glen of Naples", a subdivision of lands located in Section 2, Township 50 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Forrest Glen of Naples" 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 construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. ~-- Engineering Review Section recommends that the final plat of "Forrest Glen of Naples" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $952,240.30, to be borne by the developer. The cost breakdown is as follows: a) Water& Sewer - $345,162.75 b) Drainage, Paving & Grading - $607,077.55 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: $20,145.69 Fees are based on a construction estimate oJ $952,240.30 and were paid in August, 1998. JAN ~ 6 ?999 Pg. / Executive Summary Forrest Glen of Naples Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $ 4./ac) - $2922.'12 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $1725.81 Drainage, Paving, Grading (.425% const. est.)- $2580.08 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $5177.44 Drainage, Paving & Grading (1.275% const. est- $7740.24 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 "Forrest Glen of Naples" with the following stipulations: 1 That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2 Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3 That no building permits be issued until the final plat is recorded. 4 That any outstanding issues with the construction plans and plat are resolved prior to the pre-construction meeting. JAN 2 6 1999 Executive Summary Forrest Glen of Naples Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager ~obe'rt Mulhere, AICP Date Planning Services Department Director Vincent A. Cautero, AICP, Administrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JAN 2 6 1999 . PLAT BOOK PAGE SHEET 1 OF 10 ~ .,-Z~::~,~'o~L ~ ~~~ :NTERSTATE 75 RO~,D "~'' 'il . :':' 3 ~ ~ I , ~, "'~ . s~oc~ cou~ c~ SITE ARETE ~ ~ 10 " 11 12 .. L0C ATIO N M~P No. i JAN ~6 1999 i. 15 ~ 14 15 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT entered into this day of , 19 between Forest Glen Golf Communi~' Limited Partnership. hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Forest Glen of Naples Phase 1-B. 2. Division 3.2 of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: the Required Improvements within 12 months from the date of approval of said subdivision plat, said improvements (water, sewer, drainage and roadway) hereinafter referred to as the required improvements. 2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. 3. Upon co~pletion of said improvements. the. Developer shall tender its subdivision performance security in the amount of $ :~2-~'4'~svhich represents ten percent of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Serdces Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall. within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminaD' approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are i,: fact constructed and submitted for approval in accordance with the requirements of this Agreement· 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if ibund to be sti!l in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the ten percent subdivision performance security. The Developerfs responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. JAN 2 6 1999 7. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such hilure, the CounB' Administrator may call upon the subdivision security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Bored thereof, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 8. All of the terms, covenants and conditions herein contained are and shall be bind;i,,,, upon the Developer and the respective successors and assigns of the developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of , 19 .- ~ Zyy: ~/o~ll__~~It~~ral Partner ~~V i ~ 12"')./)IflCC-~ : ~lark S. Taylor, Vicl President AITEST: BOARD OF COL.XIY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Chairman Approved as to form and legal sufficiency: County Attdrn~y J/~N 2 6 1999 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "DEKKER ESTATES" OBJECTIVE: To grant final acceptance of "Dekker Estates" CONSIDERATION: 1. On July, 20 1996, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Dekker Estates" 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 JAN S !999 Executive Summary Dekker Estates Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Dekker Estates" 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: Jo~n R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas ]~. ~{~ck, P.E. Date Engineering Review Manager RQSert/~ulhere, AICP Date Planning Services Department Director ~ ~~ p_~~~. APPROVED : Ad Vincent A. Cautero, AIC , min~strator Date Community Dev. and Environmental Svcs. j rh JAN 2 6 1999 1 RESOLUTION NO. 99- """ 2 3 4 RESOLUTION AUTHORIZING FINAL 5 ACCEPTANCE OF THOSE ROADWAY, 6 DRAINAGE, WATER AND SEWER 7 IMPROVEMENTS IN DEKKER ESTATES, 8 RELEASE OF THE MAINTENANCE SECURITY, 0 AND ACCEPTING THE MAINTENANCE 10 RESPONSIBILITY FOR THE ROADWAY, 11 ' DRAINAGE, WATER AND SEWER 12 IMPROVEMENTS THAT ARE NOT REQUIRED TO 13 BE gAINED BY THE HOMEOWNERS 14 ASSOCIATION. 16 18 WHEREAS, the Board of County Commissioners of Collier County, Florida, on 19 June 24, 1994 approved the plat of Dekker Estates for recording; and 20 21 WHEREAS, the developer has constructed and maintained the roadway, drainage, 22 water and sewer improvements in accordance with the approved plans and specifications 23 and as required by the Land Development Code (Collier County Ordinance No. 91-102, 24 as amended); and the Utilities Standards and Procedures Ordinance (Collier County 2S Ordinance No. 97-17), and 26 27 WHEREAS, the developer has now requested final acceptance of the roadway, 28 drainage, water and sewer improvements and release of his maintenance security; and ,.._ 29 3O WHEREAS, the Compliance Services Section of the Development Services 31 Department has inspected the roadway, drainage, water and sewer improvements and is 32 recommending acceptance of said facilities. 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 35 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be 36 granted for those roadway, drainage, water and sewer improvements in Dekker Estates, 37 and authorize the Clerk to release the maintenance security. 38 39 BE IT FURTHER RESOLVED AND ORDERED that the County accept the 4o future maintenance and other attendant costs for the roadway, drainage, water and sewer 41 improvements that are not required to be maintained by the homeowners association. 42 43 This Resolution adopted after motion, second and majority vote favoring same. 44 45 46 47 DATE: BOARD OF COUNTY COMMISSIONERS 48 ATTEST: COLLIER COUNTY, FLORIDA 40 DWIGHT E. BROCK, CLERK 50 51 By: 52 CHAIRMAN 53 55 Approved as to form and legal '~ 56 sufficiency: s0 Heidi F. Ashton 60 Assistant Collier County Attorney JAN 2 6 1999 PCl. EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.672, "LILAC EXCAVATION "LOCATED FN SECTION 24, TOWNSHIP 47, SOUTH, RANGE 27 EAST: BOUNDED ON THE NORTH AND WEST BY OCCUPIED AGRICULTURAL LAND, ON THE SOUTH AND EAST BY VACANT LAND ZONED AGRICULTURAL. OBJECTIVE: To issue an excavation permit to Joseph S. and Connie G. Smith for the project known as "Lilac Excavation" in accordance with County Ordinance No. 92-73, Division 3.5. CONSIDERATIONS: The Petitioner proposes to excavate one lake with a surface area of 2.39 acres + on a 4.83 acre site to a depth of 20 feet. The resultant 56,000+/- C.Y. of fill will be used for house pad construction in the area. This project was reviewed and approved by the E.A.B. on 2 DEC 98. FISCAL IMPACT: The Community Development Fund, Development Services (11313890032940000000) has or will receive $1,076.00 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $ 226.00 $1076.00 TOTAL FEES A security in the amount of $25,000 must be posted prior to permit issuance. Road impact fees will be computed at the time of permit issuance, but are estimated to be about $2700. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.672 to Jolly Trucking for the project known as "Lilac Excavation" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 20 feet below grade. 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). AGENDAJTEM 3. Where groundwater is proposed to be pumped during the excavating operation a DB~tennE Permit shall be obtained from the South Florida Water Management Distri~ t, and a copy JAN 2 6 1999 ,__ provided to Project Plan Review for approval prior to the commencement of any dewatering activity on the site. 4. No blasting will be permitted. 5. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for a Vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. 6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be field determined. 7. No Excavation Permit shall be issued until all impact fees have been paid. PREP~,MtED BY / ' C,'/' '*;~' sTAN c}mZ~iv'S~a ..... DATE SENIOR ENGINEER THOMAS E. KUCK, P.I~ ' """ DATE ENGINEERING REVIEW MANAGER n~OS~T ~. MYtHERE, A~CP DA~E PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.672 EX SUMMARY/h:/EABExecufiveSummafies JAN 2 6 1999 2 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 JAN 2 6 1999 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 pennit 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 JAN 2 6 1999 1999 EXECUTIVE SUMMARY AUTHORIZE STAFF TO REJECT PROPOSALS RECEIVED FOR REP #98-2871 SOFTWARE FOR OPTICAL IMAGING AND RE-BID AT A LATER DATE. OBJECTIVE: To have the Board reject proposals received for RFP #98-2871 - software for optical imaging and re-bid at a later date. CONSIDERATION: The Planning Services Department solicited proposals for an optical imaging software system. Two proposals were received by the due date of October 2, 1998. After these bids were received the scope of functionality was changed due to the hiring of a Global Information Systems (GIS) Manager in the Information Technology Department. To avoid compatibility problems in the future it is necessary to send the proposal out for re-bid with the new requirements needed to allow the system to integrate with the proposed GIS program. The Planning Services Department has surveyed the functionality of other existing systems as well as those submitted. However, due to the change in scope, the Planning Services Department would like to modify the proposal and send the proposal out for re-bid. FISCAL IMPACT: Not Applicable GROWTH MANAGEMENT IMPACT: Not Applicable RECOMMENDATION: To reject proposals received for RFP 98-2871 Planning Services Department Software for Optical Imaging and authorize staff to re-bid. SUBMITTED B .... Date: Danidle E. Chard Principal Information Technology Professional Vincent A. Cautero, AICP Community Development & Environmental Services Administrator ~"~, EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENT TO FUND RELOCATION OF UTILITY & FRANCHISE REGULATION. OBJECTIVE: To utilize "Reserve for Contingencies" to fund operational and capital costs associated with the recent relocation of Utility & Franchise Regulation (UFR) to leased space on North Horseshoe Drive. CONSIDERATIONS: On November 3, 1998, the Board approved the lease for office space to house UFR, which approved all Budget Amendments concerning lease payments. UFR's relocation to Collier Business Plaza was completed on November 16, 1998. This request purports to fund from reserves those operating and capital expenditures directly related to the move, which include costs through FY end of $21,463 for rent, $1,608 for copier lease, and $26,805 in one-time costs under contractual services for phone/network cable installation and moving expenses, data processing equipment, and minor office furniture (workstation panels, conference table & chairs). The majority of the one-time costs, $17,553, is related to infrastructure cabling costs and equipment to provide phone/network capability to the department at its new location. UFR is funded by a 1.5% Regulatory Assessment Fee paid by regulated water and sewer utilities and deposited in the Utility Fee Trust Fund (669). The requested transfer from "Reserve for Contingencies" will not require adjustment of the Regulatory Assessment Fee. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: Approval of this budget amendment will result in a decrease of $49,876 from Utility Regulation Reserves. RECOMMENDATION: Staff recommends approval of budget amendment. PREPARED BY:/~J~/~---~"~" Date:/Z---,5't9- ~' ~F> · ." " la , ' , ' ity & Franchise Regulation Vincent A. Cautero, Administrator, Community Development & Environmental Services Division JAN ,~1t~ 1999 / ~ , , , , Z * * * * I~L) ~ * * EXECUTIVE SUMMARY REQUEST THE BOARD DECLARE A PUBLIC SAFETY EMERGENCY TO AUTHORIZE THE INSTALLATION OF ADDITIONAL TRAFFIC CONTROL DEVICES FOR THE INTERSECTION OF INDUSTRIAL BOULEVARD (COUNTY MAINTAINED) AND MERCANTILE AVENUE (NON-COUNTY MAINTAINED). OBJECTIVE: Request that the Board declare an emergency recognizing the existence of a public safety hazard at the intersection of industrial Boulevard and Mercantile Avenue. CONSIDERATIONS: Approximately 15 years ago the Naples Industrial Park, Ltd. and the Naples Production Park (collectively referred to hereinafter as the Arnold Industrial Subdivision), an unrecorded subdivision, began development. Lots were sold on a metes and bounds description with a thirty-foot reservation at the noah or south end of each lot for roadway and access to abutting lots (Attachment No. 1 ). For the past several years there has been an ongoing dialog among the original developers, the lot owners and the -.-- county with respect to who is responsible for the maintenance of the streets within this subdivision. The original developers have sold most of the lots and the roadways lie along the non-platted thirty-foot easements described above. No one entity has been established to provide maintenance for these roadways, including maintenance of the traffic control devices. The roadways within the industrial park are used by the general public for access to individual businesses. As such, there have been several petitions by the property owners to have Collier County assume maintenance responsibility for the two main east-west roads within the subdivision, Mercantile Avenue and Arnold Avenue. There are also several north-south connectors, Dean Street, a portion of Industrial Boulevard and Don Street. In 1995, when the Collier County Production Park MSTBU was created, the subject area was requested to become part of the MSTBU; however, since there was an existing package sewage treatment plant in operation and since the developers were still actively marketing the lots, they declined to participate. As a result of the recent crash at the intersection of Industrial Boulevard and Mercantile Avenue which resulted in a dual fatality, the Transportation Services Department has completed a crash history analysis for the past three years at this location (Attachment No. 2). This research indicates that there is a safety concern relative to traffic movements which can be corrected with the installation of additional Stop Signs at the intersection. These additional controls will create a four-way stop condition. Executive Summary Request the Board Declare a Safety Emergency Page 2 of 2 Staff is requesting that the Board declare a public safety emergency at this location and authorize staff to provide the additional traffic controls. Further, staff is requesting Board direction to proceed with a preliminary cost estimate to determine what improvements will be required to permit the county to assume maintenance of the roadways within the subdivision. FISCAL IMPACT: The stop sign materials and labor and equipment for installation will cost a total of about $200. Funds are available for the work in: Road and Bridge Fund 101 Cost Center 163630. GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: That the Board authorize the Transportation Services Department to install and maintain a four-way stop control at the intersection of Industrial Boulevard and Mercantile Avenue; that the Board direct the Transportation Services Department to perform a cost estimate for the work necessary to bring the roadways within the Arnold Industrial Subdivision, an unrecorded subdivision, to minimum county standards; direct staff to report back to the Board with a recommendation and plan for perform. in.g.t.he necessary improvements and ena.bti.ng acceptance of maintenance Ed Ilschn~r, Public Works Administrator Attachments: No. 1 - Plan of Arnold Industrial Subdivision No. 2 - Crash History Analysis JAN 2 6 1999 ~ Attachment No. .... . ..............................................,~ZRPORT...RQ~,O., i ~ [~ ~t to sc~t.~ . ... .~ [] .-r~. SO~ I~ME~ION ~ INDUSTRIAL BOULEVARD __ .~.I~W..{ ...... ,, =~~ ,~ ...... -, Attachment No. 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COLLIER COUNTY DEPARTMENT OF TRANSPORTATION STUDY NAPLES, FLORIDA December 31, 1998 COLLISION DIAGRAM LOCATION: Industrial Blvd. @ Mercantile Ave PERIOD: 1/1/98 - 12/10/98 1/1/97 - 12/31/97 -- -- 1/1/96 - 12/31/96 ' ' - Prepared By; Nancy Frye Number of Crashes Susceptible to Correction:/~: 7 Engineer Tech, Street Name: Industrial Blvd J N I Name M.$1/'B 75q 1~c2.. ' .1}a~l% ~'3~, ~cJ- R N /C~/aql,?l, gl~r DcL. (, Time of Day: Military / I/ Rear End Side Swipe · IX ~ Pavement Conditions: Dry = D, Wet = W, Slippery = S Right Angle Weather Conditions: _.~ 0 Injury Clear = C, Rain = R, Fog = F Right Tum Light Condition: Daylight = L, Dark = DK N/( Left Turn [] Fatality Dawn or Dusk = LD Day Time /I ;' ' _~ "' A {~ 199 N,ghn,me AT NO.- Z* ~ sk/awn ~ gF" / OF [ "~"' ~ ' EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR ROADWAY AND DRAINAGE REPAIRS TO LYNNMORE LANE IN PELICAN BAY. OBJECTIVE: To gain Board approval of a budget amendment to cover the cost of unanticipated additional repair work to correct the Lynnmore Lane roadway and drainage system damages. CONSIDERATIONS: During budget preparation for this fiscal year, staff requested $25,000 as an expanded item for roadway and drainage system repairs to Lynnmore Lane in Pelican Bay. These repairs are necessary due to the settling of the curb inlet structure which has, in tum, caused settlement of half the width of the roadway--or an approximate area 25-feet in diameter. Previous asphalt overlays have proved to be only a temporary solution. Corrective action requires excavating the area, repairing and/or replacing the pipe and drainage structure, and stabilizing the area to prevent future settlement. The contractor, J.N. Higgins, Inc., discovered more extensive damage to the drainage system while excavating the site. Therefore, additional materials/equipment are needed in order to effectively repair the damaged area to prevent other problems such as sinkholes or pipe failure. FISCAL IMPACT: Additional costs are estimated at $11,000. Funds are available in Reserves of MSTD Road District 2 Fund 103-919010-991000. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the budget amendment for unanticipated additional repairs needed to correct the roadway and drainage system damage on Lyrmmore Lane in Pelican Bay. DATE: 7- 7 APPROVED B . ', ' ' es Director __ _ DATE/-- ~- ~ Ed Ilsc~er, Public Works Administrator JAN 2 6 1999 PG. ~' EXECUTIVE SUMMARY APPROVE WORK ORDER #WMBP-FT-98-4 WITH WILSON, MILLER, BARTON & PEEK, INC. TO PROVIDE DATA COLLECTION AND INITIAL PERMITTING WORK FOR PROPOSED IMPROVEMENTS TO THE SABAL PALM ROADWAY EXTENSION. OBJECTIVE: To obtain approval of a work order with Wilson, Miller, Barton & Peek, Inc. to provide professional services necessary to determine the feasibility of obtaining permits for proposed improvements to the Sabal Palm Roadway Extension. CONSIDERATIONS: On October 28, 1986, the Board of County Commissioners adopted Ordinance #86-72 creating the Sabal Palm Roadway Extension Municipal Service Taxing Unit for the purpose of providing improvements to a six mile extension of Sabal palm Roadway. Improvements authorized and completed to date include limerock stabilization and stormwater culvert improvements to the existing roadway terminating approximately 3.1 miles east of CR 951. The Sabal Palm Road Association has requested that similar improvements be provided for an additional 2.6 miles of roadway to enable adequate year round access to property owners within the MSTU boundaries. Such improvements would include construction of a stabilized roadway embankment with culvert cross drains along the existing roadway corridor. A summary of the professional services and costs associated with the proposed improvements is as follows: * Phase I: Data Collection/initial Permitting Work - $42,200.00 * Phase II: Preliminary Roadway Plan Development - 100,600.00 * Phase III: Permit Follow Up - 140,250.00 * Phase IV: Final Plans - 61,600.00 Work Order #WMBP-FT-98-4 includes the scope of work associated with Phase I. Upon completion of Phase I, if it is determined that it is feasible to obtain permits for the proposed improvements, a subsequent work order would be processed for authorization to proceed with Phase II. ~Q~C~oSsU...AL IMPACT: $42,200.00; to be obligated in the budget for FY 98/99. Fund: (151) Sabal Palm Road Extension MSTU Cost Center: (162516) Sabal Palm Road Extension Project Number: (68060) Sabal Palm Roadway Executive Summary Work Order #WMBP-FT-98-4 Page Two Funds for this purpose were appropriated in the budget for FY 97/98 but were not obligated. Therefore, a budget amendment is necessary whereby additional carry forward funds from FY 97/98 will be recognized and transferred to the appropriate expenditure category for this obligation. GROWTH MANAGE/%IENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners: 1. Approve the attached Work Order #WMBP-FT-98-4 with Wilson, Miller, Barton & Peek, Inc. to provide data collection and initial permitting work (Phase I) for proposed improvements to the Sabal Palm Roadway Extension. 2. Approve the necessary budget amendment. 3. Authorize the Director of the Public Works Engineering Department to execute the Work Order. Mitch Momtaz, P.E., Project Manager Public Works Engineering Department REVIEWED BY: ,,~~,,/~ DATE: Harry Huber, Project Manager III Public Works Engineering Department REVIEWED BY: j~effBibby' pN'f~E.' Direc'L~or DATE: //'P/'~ Public Works Engineering Department APPROVED BY:/~~~~~~ DATE: Ed Ilschner, Administrator Public Works Division attachment NO J ..... L: ~__ WORK ORDER # WMBP-FT-98-4 Agreement for Fixed Term Professional Engineering Services Dated September 26, 1995 (Contract #95-2422) This Work Order is for professional engineering services for work known as (Title) Sabal Palm Roadway Extension (Reason for Proiect) Roadway Design and Permit Services, PhaSe 1 The work is specified in the proposal dated September 17, 1998 , which is attached hereto and made a part of this Work Order. In accordance with the Tcrms and Conditions of the Agreement referenced above, Work Order #WMBP-FT-gg~4 is assigned to Wilson, Miller, Barton &. Peek, Inc. (Firm Name) Scope of Work: See the attached scope of services and fees thereto. Schedule of Work: Complete work within 120 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. All Tasks: $ 37,200.00 (lump sum) Reimbursables $ 5 000.00 TME TOTAL FEE $ 42,200.00 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. Milch Momtaz, P.E., Project Manager Date Public Works Engineering Department APPROVED BY: Jeff Bibbv.~ P.E., Director · Date Public Wor s Engineering Department Approved as to Form and Legal ' ' nty Allorney ACCEPTED BY: ~/c/'/b'//fizd'~7~ Da,.: Wilson, Miller, Barton & Peek, Inc. Name of Firm ATTEST: ~~ure*'~ (Corporate Secretary) By: Ferman Diaz, Vice President By: EXECUTIVE SUMMARY APPROVE A COOPERATIVE AGREEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR A REPLACEMENT BRIDGE AT BROKEN BACK ROAD OVER THE COCOHATCHEE CANAL OBJECTIVE: To present an Agreement t0the Board for the maintenance and operation of a new bridge to be designed and constructed as part of the Immokalee Road Four-lane Project (CIE No. 69101) at Broken Back Road over the Cocohatchee Canal as part of an ongoing District canal improvement project. CONSIDERATIONS: The District is in the process of widening and deepening the Cocohatchee Canal to improve both flow characteristics for conveyance and retention/detention characteristics of the waterway. As pan of this ongoing project, the District has requested replacement of the present metal culvert structure at Broken Back Road. This structure is a multiple-barrel pipe culvert. The replacement structure will be a bridge structure. The new bridge will be a pile supported simple-span structure. The District has agreed to reimburse the county for the cost of the replacement structure in the amount of $175,000.00. The County will assume responsibility for the operation and maintenance of the final structure after the construction has been completed. The County will benefit ~'om the new structure in that a new District right-of-way permit will be issued to the County for the operation and maintenance of the structure. This right-of-way permit will allow the County to maintain and operate both the bridge structure and the roadway approaches to the bridge without having to obtain site-specific permission each time some maintenance operation is to be performed. In addition, the new structure is anticipated to have significantly lower maintenance costs than the present structure. Further, the new bridge will be located about 100' to the west of the existing structure; thus, affording a full four-way intersection at CR 951 and Immokalee Road. Staff has reviewed the District's request and finds that the execution of the Agreement will be in the public interest and will permit a safer operating condition at the existing intersection as a consequence of the new bridge geometry. Staff recommends that the Board execute the Agreement. FISCAL IMPACT: No additional funding is sought for the implementation of the provisions of this Agreement. Design funding and funds for the bridge appurtenances have been made available in Fund 331-163650-XXXXXX-69101. The costs of construction in the amount of $175,000 will be reimbursed by the SFWMD. Annual operating and maintenance costs are estimated to be less than $1000.00 and are available in Fund 106, MS TD Road District 5 (106-163645-600000). GROWTH MANAGEMENT IMPACT: N/A Executive Summary Approve a Cooperative Agreement with the SFWMD Page 2 of 2 RECOMMENDATIONS: That the Board approve the Agreement; authorize the Chair to sign on behalf of the Board; authorize staff to provide the necessary documentation for permitting, and; authorize the Road and Bridjge Sectigd of the Transportation Services Department to operate and maintain the new structure upon completion. SUBMITTED BY: ~~ ~/ DATE:/Z- 7' 7~ ~war . , .'., rans o a ion ervices irec or fBibby,.P.E., u ~c or~~ Engineering Director ~' APPROVED BY:~~~kf~,~itor DATE: 7-/~ 4q Attachments: No. I - Proposed Cooperative Agreement 1999 Q SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT THE SOUTH FLORIDA WATER MANAGEMENT This number must appear on all Invoices and Correspondence DISTRICT 0aereinafier referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: COLLIER COCnCr SOA Or cou,C-9039 COMMISSIONERS Address: 3301 Tamiami Trail E M/WBE Goal: 0% Naples, FL 33962-4996 COST SHARING INFORMATION Project Manager: Edward Kant Total Project Cost: $ 210,000.00 Telephone No: (941) 774-8494 Fax No: (941) 774- 5375 COUNTY Contribution: $ 35,000.00 ltereinafter referred to as: COUNTY PROJECT TITLE: BROKEN BACK ROAD BRIDGE REPLACEMENT The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "A" - Not Applicable Exhibit "H" - Not Applicable Exhibit "B" - General Terms and Conditions E,xhibit 'T' Not Applicable Exhibit "C" - Statement of Work Exhibit "J" Not Applicable Exhibit "D" - Payment and Deliverable Schedule Exhibit "K" - Not Applicable Exhibit "E" - Not Applicable Exhibit "L" - Not Applicable Exhibit "F" - Not Applicable Exhibit "M" - Not Applicable Exhibit "G" - Not Applicable TOTAL DISTRICT CONSIDERATION: $175,000.00 AGREEMENT TYPE: Not-to-Exceed Multi-Year Funding (If Applicable) Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: · Subject to District Governing Board Annual Budget Approval AGREEMENT TERM: 2 years EFFECTIVE DATE: Last Date of Execution by the Parties District Project Manager: Robert A. Laura District Contract Administrator: Telephone No: (561) 682-6238 Jim Robinson (561) 682-6373 Fax No. ( ) Fax No.: (561) 682-6397 or (561) 681-6275 SUBMIT INVOICES AND NOTICES TO THE DISTRICT SUBMIT NOTICES TO THE COUNTY AT: AT: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS South Florida Water Management District 3301 Tamiami Trail E 3301 Gun Club Road Naples, FL 339624996 West Palm Beach, Florida 334164680 Attention: Edward Kant Attention: Procurement Division IN WITNESS WFI2EREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts a!! Terms and Conditions under which it is issued. COLLIER COUNTY BOARD OF COUNTY SOUTH FLORIDA WATER MANAGEMENT DISTRICT CO1VIIVIISSIONERS BY ITS GOVERNING BOARD Accepted Bv: Accepted By: fVli./,-- C~ [ / / Pamela S. Iqac 'Kie, Chair woman chael~!a,vton, Deputy Executi Director Date: Date: IXl e)_,,~ ~ t~ 6 ~ ~ ~ "1 X Ct ~ OFFICE OF COUNSEL APPROVED Attest: zC. Date: Dwight E. Brock, Clerk ~ PAGE / OF_ / 6 .' SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption 1.1 The COUNTY shall, to the satisfaction of the of the final DISTRICT budget for each subsequent DISTRICT, fully and timely perform all work items fiscal year if funding is not approved for this described in the "Statement of Work," attached hereto AGREEMENT. as Exhibit "C" and made a part of this AGREEMENT. 2.3 The COUNTY assumes sole responsibility for 1.2 As part of the services to be provided by the all work which is performed pursuant to the Statement COUNTY under this AGREEMENT, the COUNTY of Work, Exhibit "C". By providing funding shall substantiate, in whatever forum reasonably hereunder, the DISTRICT does not make any requested by the DISTRICT, the methodology, lab warranty, guaranty, or any representation whatsoever analytical examinations, scientific theories, data, regarding the correctness, accuracy, or reliability of any reference materials, and research notes. The of the work performed hereunder. COUNTY shall also be required to substantiate any and all work completed, including but not limited to, 2.4 The COUNTY by executing this work completed by subcontractors, assistants, AGREEMENT, certifies to truth-in-negotiation, models, concepts, analytical theories, computer specifically, that wage rates and other factual unit costs programs and conclusions utilized as the basis for the supporting the consideration are accurate, complete, final work product required by the AGREEMENT. and current at the time of contracting. The COUNTY This paragraph shall survive the expiration or agrees that the DISTRICT may adjust the termination of this AGREEMENT. consideration for this AGREEMENT to exclude any significant sums by which the consideration was --- 1.3 The parties agree that time is of the essence in increased due to inaccurate, incomplete, or non-current the performance of each and every obligation under wage rates and other factual unit costs. The this AGREEMENT. DISTRICT shall make any such adjustment within one ( 1 ) year following the expiration or termination of this ARTICLE 2 - COi%IPENSATION/ AGREEMENT. CONSIDERATION ARTICLE 3 - INVOICING AND PAYMENT 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT 3.1 The COUNTY's invoices shall reference the shall not exceed the amount as indicated on Page 1 of DISTRICT's Contract Number and shall be sent to the this AGREEMENT. Such amount includes all DISTRICT's address specified on Page 1 of this expenses which the COUNTY may incur and AGREEMENT. The COUNTY shall not submit therefore no additional consideration shall be invoices to any other address at the DISTRICT. authorized. 3.2 The COUNTY shall submit the.. invoices on a 2.2 Notwithstanding the foregoing, the amount completion of deliverable basis, pursuant to the expended under this AGREEMENT shall be paid in schedule outlined in the Payment and Deliverable accordance with, and subject to the multi-year funding Schedule, attached hereto as Exhibit "D" and made a allocations for each DISTRICT fiscal year indicated part of this AGREEMENT. In the event the on Page i of this AGREEI~,IENT. Funding for each schedule does not specify payment on a completion of applicable fiscal year of this AGREEMENT is subject deliverable basis, all invoices shall be substantiated to DISTRICT Governing Board budgetary by adequate supporting documentation to justify appropriation. In the event the DISTRICT does not hours expended and expenses incurred within the not- approve funding for any subsequent fiscal year, this to-exceed budget, including but not limited to, copies .-- AGREEMENT shall terminate upon expenditure of of approved timesheets, payment vouchers, expense the current funding, notwithstanding other provisions in reports, receipts and subcontractor invoices. Page 1 of 9, Exhibit "B" ~o no.~ ATTACHMENT NO. / contract Fne:\County. c J~,.~ 6 1999 PAGE SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 3.3 The DISTRICT shall pay the full amount of the ARTICLE 5 - INSURANCE invoice within thirty (30) days following DISTRICT acceptance of services and/or deliverable(s) required 5.1 The COUNTY assumes any and all risks of by this AGREEMENT. However, failure by the personal injury, bodily injury and property damage COUNTY to follow the foregoing instructions and attributable to the negligent acts or omissions of the submit acceptable services and or deliverables(s) may COUNTY and the officers, employees, servants, and result in an unavoidable delay of payment by the agents thereof. The COUNTY warrants and DISTRICT. represents that it is self-funded for Worker's compensation and liability insurance, covering at a 3.4 Unless otherwise stated herein, the DISTRICT minimum bodily injury, personal injury and property shall not pay for any obligation or expenditure made damage with protection being applicable to the by the COUNTY prior to the commencement date of COUNTY's officers, employees, servants and agents this AGREEMENT. while acting within the scope of their employment during performance under this AGREEMENT. The ARTICLE 4- PROJECT MANAGEMENT/ COUNTY and the DISTRICT further agree that NOTICE nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy 4.1 The parties shall direct all technical matters or defense available to such party under the laws of arising in connection with the performance of this the State of Florida; (2) the consent of the State of AGREEMENT, other than invoices and notices, to the Florida or its agents and agencies to be sued; or (3) a attention of the respective Project Managers specified waiver of sovereign immunity of the State of Florida on Page I of the AGREEMENT for attempted beyond the waiver provided in Section 768.28, resolution or action. The Project Managers shall be Florida Statutes. responsible for overall coordination and oversight relating to the performance of this AGREEMENT. 5.2 In the event the COUNTY subcontracts The COUNTY shall direct all administrative matters, any part or all of the work hereunder to any third including invoices and notices, to the attention of the party, the COUNTY shall require each and every DISTRICT's Contract Administrator Specified on subcontractor to identify the DISTRICT as an Page 1 of theAGREEMENT. additional insured on all insurance policies as required by the COUNTY. Any contract awarded by All formal notices between the parties under this the COUNTY for work under this AGREEMENT AGREEMENT shall be in writing and shall be shall include a provision whereby the COUNTY's deemed received if sent by certified mail, return receipt subcontractor agrees to defend, indemnify~ and pay requested, to the respective addresses specified on Page on behalf, save and hold the DISTRICT harmless 1 of the AGREEMENT. The COUNTY shall also from all damages arising in connection with the provide a copy of all notices to the DISTRICT's COUNTY's subcontract. Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, ~vritten ARTICLE 6 - TERMINATION/REMEDIES notice of such new address shall promptly be sent to the other party. 6.1 If either party fails to fulfill its 0bligations under this AGREEMENT in a timely and proper manner, the All correspondence to the DISTRICT under this other party shall have the right to terminate this AGREEMENT shall reference the DISTRICT's AGREEMENT by giving written notice of any Contract Number specified on Page 1 of the deficiency. The party in default shall then have ten AGREEMENT. (10) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, the non-clefaulting party Page 2 of 9, Exhibit "B" ATT~CHMElqT N0. / Contract File:\County.doC A, GE 3, OF / N 2 1999 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS shall have the option to terminate this AGREEMENT The mediation process shall be confidential to the at the expiration of the ten (10) day time period. extent permitted by law. Should the DISTRICT elect to terminate for default in accordance with this provision, the DISTRICT shall 6.5 The DISTRICT may order that all or pan of the be entitled to recover reprocurement costs, in addition work stop if circumstances dictate that this action is in to all other remedies under law and/or equity. the DISTRICT's best interest. Such circumstances . may include, but are not limited to, unexpected 6.2 The DISTRICT may terminate this technical developments, direction given by the AGREEMENT with or without came at any time for DISTRICT's Governing Board, a condition of convenience upon thirty (30) calendar days prior immediate danger to DISTRICT employees, or the written notice to the COUNTY. The performance of possibility of damage to equipment or property. This work under this AGREEMENT may be terminated by provision shall not shift responsibility for loss or the DISTRICT in accordance with this clause in damage, including but not limited to, lost profits or whole, or from time to time in part, whenever the consequential damages sustained as a result of such DISTRICT shall determine that such termination is in delay, from the COUNTY to the DISTRICT. If this the best interest of the DISTRICT. Any such provision is invoked, the DISTRICT shall notify the termination shall be effected by delivery to the COUNTY in wTiting tO StOp work as of acertain date COUNTY of a Notice of Termination specifying the and specify the reasons for the action, which shall not extent to which performance of work under the be arbitrary or capricious. The COUNTY shall then AGREEiMENT is terminated, and the date upon which be obligated to suspend all work efforts as of the such termination becomes effective. effective date of the notice and until further written direction from the DISTRICT is received. Upon In the event of termination for convenience, the resumption of work, if deemed appropriate by the DISTRICT shall compensate the COUNTY for all DISTRICT, the DISTRICT shall initiate an authorized and accepted deliverables completed amendment to this AGREEMENT to reflect any through the date of termination in accordance with changes to Exhibit "C", Statement of Work and/or the Exhibit "C", Statement of Work. The DISTRICT shall project schedule. be relieved of any and all future obligations hereunder, including but not limited to lost profits and 6.6 The DISTRICT anticipates a total project cost consequential damages, under this AGREEMENT. as indicated on Page 1, with the balance of matching The DISTRICT may withhold all payments to the funds and/or in-kind services to be obtained from the COUNTY for such ~vork until such time as the COUNTY in the amount as specified on Page 1 of this DISTRICT determines the exact amount due to the AGREEMENT. In the event such COUNTY COUNTY. matching funding and/or in-kind services becomes unavailable, that shall be good and sufficient came for 6.3 If either party initiates legal action, including the DISTRICT to terminate the AGREEMENT appeals, to enforce this AGREEMENT, the prevailing pursuant to Paragraph 6.2 above. party shall be entitled to recover a reasonable attomey's fee, based upon the fair market value of the services provided. ARTICLE 7 - RECORDS RETENTION/ OWNERSHIP 6.4 In the event a dispute arises which the project 7.1 The COUNTY shall maintain records and the managers cannot resolve between themselves, the DISTRICT shall have inspection and audit rights as parties shall have the option to submit to non-binding follows: mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost A. Maintenance of Records: The COUNTY of the mediation shall be borne equally by the parties. shall maintain all financial and non-financial records Page 3 of 9, Exhibit "B" C t t F I \Co t> d ATTACHMENT NO. / 6 1999 PA, GE "~ OF SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS and reports directly or indirectly related to the additional consideration by the DISTRICT. The negotiation or performance of this AGREEMENT COUNTY may not disclose, use, license or sell any including supporting documentation for any service work developed, created, or otherwise originated rates, expenses, research or reports. Such records shall hereunder to any third party whatsoever. This be maintained and made available for inspection for a paragraph shall survive the termination or expiration period of five years from completing performance and of this AGREEMENT. receiving final payment under this AGREEMENT. 7.3 The COUNTY represents and warrants that B. Examination of Records: The DISTRICT proprietary software, if any, to be provided to the or its designated agent shall have the right to examine DISTRICT by the COUNTY hereunder, as in accordance with generally accepted governmental specifically identified in Exhibit "C", Statement of auditing standards all records directly or indirectly Work shall have been developed solely by or for the related to this AGREEMENT. Such examination may COUNTY, or lawfully acquired under license from a be made only within five years from the date of final third party, including the right to sublicense such payment under this AGREEMENT and upon software. The COUNTY shall include copyright or reasonable notice, time and place. proprietary legends in the software and on the label of the medium used to transmit the software. The C. Extended Availability of Records for Legal COUNTY shall grant to the DISTRICT a perpetual, Disputes: In the event that the DISTRICT should non-transferable, non-exclusive right to use the become involved in a legal dispute with a third party identified software without an additional fee. The arising from performance under this AGREEMENT, DISTRICT acknowledges that title to the software the COUNTY shall extend the period of maintenance identified in Exhibit "C" shall remain with the for all records relating to the AGREEMENT until the Licensor. final disposition of the legal dispute, and all such records shall be made readily available to the 7.4 Any equipinent purchased by the COUNTY DISTRICT. with DISTRICT funding under this CONTRACT shall be returned and title transferred from the 7.2 The DISTRICT shall retain exclusive title, COUNTY to the DISTRICT immediately upon copyright and other proprietary rights in all work items, termination or expiration of this AGREEMENT including but not limited to, all documents, technical upon the written request of the DISTRICT not less reports, research notes, scientific data, computer than thirty (30) days prior to AGREEMENT programs, including the source and object code, expiration or termination. Equipment is hereby which are developed, created or otherwise originated defined as any non-consumable items purchased by hereunder by the COUNTY, its subcontractor(s), the DISTRICT with a value equal to or greater than assign(s), agent(s) and/or successor(s) as required by $500.00 and with a normal expected life of one (1) the Exhibit "C", Statement of Work (the "Work"). In year or more. The COUNTY will maintain any such consideration for the DISTRICT entering into this equipment in good working condition while in its AGREEMENT, and other good and valuable possession and will return the equipment to the consideration the sufficiency and receipt in full of DISTRICT in good condition, less normal wear and which is hereby acknowledged by the COUNTY, the tear. The COUNTY will use its best efforts to COUNTY hereby assigns, transfers, sells and safeguard the equipment throughout the period of otherwise grants to the DISTRICT any and all rights performance of this AGREEMENT. However the it now has or may have in the Work (the "Grant"). DISTRICT will not hold the COUNTY liable for This Grant shall be self-operative upon execution by loss or damage due to causes beyond the COUNTY's the parties hereto, however the COUNTY agrees to reasonable control. In the event of loss or damage, execute and deliver to the DISTRICT any further the COUNTY shall notify the DISTRICT in writing assignments or other instruments necessary to within five (5) working days of such occurrence. evidence the Grant, without the payment of any Page 4 of 9, Exhibit "B" Contract File:\County.doc ATTACHMENT NO. / PAGE .S' OF/ , ! . a,N 2 6 1999 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 7.5 The DISTRICT has acquired the right to use on the convicted vendor list. The COUNTY further certain software under license from third parties. For understands and accepts that this AGREEMENT shall purposes of this AGREEMENT, the DISTRICT be either void by the DISTRICT or subject to may permit the COUNTY access to certain third immediate termination by the DISTRICT, in the event party owned software on DISTRICT computer there is any misrepresentation or lack of compliance systems. The COUNTY acknowledges the with the mandates of Section 287.133, Florida Statutes. proprietary nature of such software and agrees not to The DISTRICT, in the event of such termination, reproduce, distribute or disclose such software to any shall not incur any liability to the COUNTY for any third party. Use of or access to such software shall be work or materials furnished. restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed 8.5 The COUNTY shall be responsible and liable software is prohibited. for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.6 The COUNTY warrants that it has not employed or retained any person, other than a bona fide 8.1 The COUNTY, its employees, subcontractors employee working solely for the COUNTY, to solicit or assigns, shall comply with all applicable federal, or secure this AGREEMENT. Further the COUNTY state, and local laws and regulations relating to the warrants that is has not paid or agreed to pay any performance of this AGREEMENT. The DISTRICT person, other than a bona fide employee working solely undertakes no duty to ensure such compliance, but will for the COUNTY, any fee, commission, percentage, ,-- attempt to advise the COUNTY, upon request, as to gift, or other consideration contingent upon or resulting any such laws of which it has present 'knowledge. from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may 8.2 The COUNTY hereby assures that no person terminate this AGREEMENT without liability and, at shall be discriminated against on the grounds of race, its discretion, deduct or otherwise recover the full color, creed, national origin, handicap, age, or sex, in amount of such fee, commission, percentage, gift, or any activity under this AGREEMENT. The other consideration. COUNTY shall take all measures necessary to effectuate these assurances. 8.7 The COUNTY shall allow public access to all project documents and materials in accordance with the 8.3 The laws of the State of Florida shall govern all provisions of Chapter 119, Florida Statutes. Should the aspects of this AGREEMENT. In the event it is COUNTY assert any exemptions to the requirements necessary for either party to initiate !egal action of Chapter 119 and related Statutes, the burden of regarding this AGREEMENT, venue shall be in the establishing such exemption, by way of injunctive or Fifteenth Judicial Circuit for claims under state law and other relief as provided by law, shall be upon the in the Southern District of Florida for any claims which COUNTY. are justiciable in federal court. 8.7.1 Pursuant to Sections 119.07(3)(o), and 8.4 The COUNTY, by its execution of this 240.241 Florida Statutes, data processing software AGREEMENT, acknowledges and attests that neither obtained by an agency under a license it, nor any of its suppliers, subcontractors, or AGREEMENT which prohibits its disclosure and consultants who shall perform work which is intended which software is a trade secret, as defined in to benefit the DISTRICT is a convicted vendor or, if Sections 812.081 (c), Florida Statutes is exempt from the COUNTY or any affiliate of the COUNTY has the disclosure provisions of the Public Records law. been convicted of a public entity crime, a period longer However, the parties hereto agree that if a request is ""' than 36 months has passed since that person was placed made of the DISTRICT, pursuant to Chapter 119, Page 5 of 9, Exhibit "B" i e: oun . [c A'[TACHMENI NO. / Contract F 1 \C ty d 11t13/~ PAGE ~, OF/ 2 8 1999 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS Florida Statute, for public disclosure of proprietary COUNTY and the DISTRICT. No person or entity property being licensed to the COUNTY (Licensee) other than the COUNTY or the DISTRICT shall have hereunder, the DISTRICT shall advise the any rights or privileges under this AGREEMENT in COUNTY (Licensee) of such request and, as any capacity whatsoever, either as third-party between the DISTRICT and the COUNTY beneficiary or otherwise. (Licensee), it shall be the COUNTY's (Licensee's) sole burden and responsibility to immediately seek 9.3 The COUNTY shall not assign, delegate, or and obtain such injunctive or other relief from the otherwise transfer its rights and obligations as set forth Courts and to immediately serve notice of the same in this AGREEMENT without the prior written upon the Licensor to protect the Licensor's claimed consent of the DISTRICT. Any attempted assignment exemption under the Statute. in violation of this provision shall be void. 8.8 The COUNTY shall make reasonable efforts 9.4 The COUNTY shall not pledge the to obtain any necessary federal, state, local, and other DISTRICT's credit or make the DISTRICT a governmental approvals, as well as all necessary guarantor of payment or surety for any private authorizations and permits, prior to the AGREEMENT, debt, obligation, .judgement, lien, or commencement of performance of this any form of indebtedness. AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the COUNTY for 9.5 The DISTRICT assumes no duty with regard to additional compensation. If the COUNTY is unable the supervision of the COUNTY and the COUNTY to obtain all necessary permits in a timely manner, shall remain solely responsible for compliance with all either party may elect to terminate this safety requirements and for the safety of all persons and AGREEMENT, each party to bear its own costs, property at the site of AGREEMENT performance. notwithstanding other provisions of this AGREEMENT to the contrary. ARTICLE 10 - M/WBE PARTICIPATION 8.9 Pursuant to Section 216.347, F.S., the COUNTY is prohibited from the expenditure of any 10.1 The COUNTY hereby acknowledges that no funds under this AGREEMENT to lobby the Minority andWomenBusinessEnterprises(M/WBE) Legislature, the judicial branch, or another state agency. participation goal has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of co~npetitive ARTICLE 9 - RELATIONSHIP BETWEEN contracts that may result from this AGREEMENT THE PARTIES along with timelines for public notice and award of such contracts. In the event Subsequent competitive 9.1 The COUNTY shall be considered an contract awards do result in M/WBE participation, independent contractor and neither party shall be such participation shall be reported to the other party. considered an employee or agent of the other party. Both the COUNTY and the DISTRICT will ensure Nothing in this AGREEMENT shall be interpreted to compliance with the provisions of their respective establish any relationship other than that of program, laws, ordinances and policies and will independent contractor between the parties and their support the other's initiatives to the extent allowed by respective employees, agents, subcontractors, or law. assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. ARTICLE 11 - YEAR 2000 COMPLIANCE 9.2 It is the intent and understanding of the Parties In the event that the COUNTY's performance, as that this AGREEMENT is solely for the benefit of the required by this AGREEMENT, inv,-,lves the use Page6of9, Exhibi)"B" I ,J,/~N 2 6 1999 ATTACHMENT NO. / Contract File:\County.~.oc ~dp/29/98 ~ PAGE ? OF/(' SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS and/or delivery of a software, firmware and/or firmware and/or hardware and diagnose and correct hardware product of any kind, the following language Year 2000 Compliance problems that may exist with in this Article 11 shall apply: either the software, firmware and/or hardware, (iii) and, if deemed necessary by the DISTRICT, 11.1 COUNTY represents and warrants that the replacement software, firmware and/or hardware software, firmware and/or hardware is designed to be which is compliant with this Year 2000 Compliance used prior to, during, and after the calendar year 2000 Warranty. A.D., and that the software, firmware and/or hardware will operate during each such time period 11.4 If this AGREEMENT involves the purchase without error relating to date data, specifically and/or license and/or receipt of a software, firmware including any error relating to, or the product of, date and/or hardware product of any kind previously data which represents or references multiple developed by the COUNTY or other third party, and centuries. in the event fixes, corrections and updates of the software are not technically feasible, the COUNTY 11.2 Without limiting the generality of the shall accept the return of the software, firmware foregoing, COUNTY further represents and warrants: and/or hardware if this Year 2000 Compliance 1) that the software, firmware and/or hardware will Warranty is breached, and terminate any and all not abnormally end or provide invalid or incorrect applicable Schedules and/or License Agreements. results of date data, specifically including date data Further, the COUNTY shall refund to the which represents or references multiple centuries; 2) DISTRICT the full amount of the License Fee that the software, firmware and/or hardware has been actually paid to the COUNTY for the software; and, designed to ensure Year 2000 Compliance, including, in the case of hardware return, the COUNTY shall but not limited to, date data century recognition, refund to the DISTRICT the full amount of the calculations which accommodate same century and hardware actually paid to the COUNTY by the multiple century formulas and date values, and date DISTRICT. In addition to the foregoing, the data interface values that reflect the century; and 3) COUNTY shall refund to the DISTRICT all that the software, firmware and/or hardware includes maintenance fees paid by the DISTRICT, if any, for Year 2000 Compliance. For the purposes of this on-going support, new software releases and product AGREEMENT, Year 2000 Compliance also means updates. All such refunds shall be made to the that the software, firmware and/or hardware will: DISTRICT. Notwithstanding any other provision in the AGREEMENT to the contrary, the DISTRICT (i) manage and manipulate data involving hereby reserves all rights to obtain all remedies to the dates and leap year calculations, including single fullest extent of the law, without any limitation century formulas and multi-century formulas, and will whatsoever, as may be determined by a court of not cause an abnormally ending scenario within the competent jurisdiction (including damages and application or generate incorrect values or invalid equitable relieD. results involving such dates; and 11.5 The term Year 2000 Compliance Warranty (ii) provide that all date-related user interface shall mean, collectively, the warranties set forth functionalities and data fields include the indication herein. This Article 11, in its entirety, shall survive of century. the expiration or termination of this AGREEMENT. 11.3 Included as part of this Year 2000 Compliance Warranty, COUNTY shall provide to the DISTRICT, at no additional charge with, (i) fixes, ARTICLE 12 - GENERAL PROVISIONS corrections and updates to the software, firmware and/or hardware that are necessary to ensure Year 12.1 Notwithstanding any provisions of this 2000 Compliance as defined herein, and (ii) advice, AGREEMENT to the contrary, the parties shall not be consultation and assistance to use the software, Page 7 of 9, Exhibit "B" JAN 2 6 1999 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS held liable for any failure or delay in the performance 12.5 This AGREEMENT may be amended only of this AGREEMENT that arises from fires, floods, with the written approval of the parties hereto. strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of 12.6 This AGREEMENT states the entire under- Government, riots, civil commotion, force majeure, act standing and AGREEMENT between the parties and of God, or for any other cause of the same character supersedes any and all written or oral representations, which is unavoidable through the exercise of due care statements, negotiations, or contracts previously and beyond the control of the parties. Failure to existing between the parties with respect to the subject perform shall be excused during the continuance of matter of this AGREEMENT. The COUNTY such circumstances, but this AGREEMENT shall recognizes that any representations, statements or otherwise remain in effect. This provision shall not negotiations made by DISTRICT staff do not suffice apply if the "Statement of Work" of this to legally bind the DISTRICT in a contractual AGREEMENT specifies that performance by relationship unless they have been reduced to writing COUNTY is specifically required during the and signed by an authorized DISTRICT occurrence of any of the events herein mentioned. representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their 12.2 In the event any provisions of this respective assigns, and successors in interest. AGREEMENT shall conflict, or appear to conflict, the AGREEMENT, including all exhibits, attachments and all documents specifically incorporated by ARTICLE13 - SAFETY REQUIREMENTS reference, shall be interpreted as a whole to resolve any inconsistency. 13. I The COUNTY shall require appropriate personal protective equipment in all operations where 12.3 Failures or waivers to insist on strict there is exposure to hazardous conditions. performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors 13.2 The COUNTY shall instruct employees and assigns shall not be deemed a waiver of any of its required to handle or use toxic materials or other rights or remedies, nor shall it relieve the other party harmful substances regarding their safe handling and from performing any subsequent obligations strictly in use, including instruction on the potential hazards, accordance with the terms of this AGREEMENT. No personal hygiene and required personal protective waiver shall be effective unless in writing and signed measures. A Material Safety Data Sheet (MSDS) by the party against whom enforcement is sought. Such shall be provided by the COUNTY to the waiver shall be limited to provisions of this DISTRICT on each chemical product used. AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. 13.3 The COUNTY shall comply with the No waiver shall constitute a continuing waiver unless standards and regulations set forth by the the writing states otherwise. Occupational Safety and Health Administration (OSHA), the Florida Department 0'f Labor and 12.4 Should any term or provision of this Employment Security and all other appropriate AGREEMENT be held, to any extent, invalid or federal, state, local or DISTRICT safetv and health unenforceable, as against any person, entity or standards. circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent 13.4 It is the COUNTY's sole duty to provide safe jurisdiction, such invalidity shall not affect any other and healthful working conditions to its employees and term or provision of this AGREEMENT, to the extent those of the DISTRICT on and about the site of that the AGREEMENT shall remain operable, AGREEMENTperformance. enforceable and in full force and effect to the extent permitted by law. 13.5 The COUNTY shall initiate and maintain an Page 8 of 9, Exhibit "B" N0. f Contract File:\County.doC 1~/99~8--~~ OF/ ' ! JAN 2 1999 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS accident prevention program which shall include, but COUNTY shall be responsible for handling these shall not be limited to, establishing and supervising chemical constituents in accordance with federal, programs for the education and training of employees state and local regulations during the terms of the in the recognition, avoidance, and prevention of AGREEMENT. For accidental discharges or unsafe conditions and acts. releases onto the floor, air, ground, surface waters, ground waters, it shall be the COUNTY's sole 13.6 The COUNTY shall erect and maintain, as responsibility to respond immediately to clean the required by existing conditions and performance of site, at his expense, to the complete satisfaction of the AGREEMENT, reasonable safeguards for safety federal, state, local regulatory agencies and to the and protection, including posting of danger signs and DISTRICT requirements. other warnings, against hazards. 13.12 The DISTRICT may order the COUNTY to 13.7 The COUNTY shall take reasonable halt operations under the AGREEMENT, at the precautions for safety of, and shall provide reasonable COUNTY's expense, if a condition of immediate protection to prevent damage, injury, or loss to: danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not 13.7.1 employees on the work and other shift the responsibility or risk of loss for injuries or persons who may be affected thereby; including damage sustained from the COUNTY to the pedestrians, visitors, or traveling public; DISTRICT; and the COUNTY shall remain solely responsible for compliance with all federal, state and 13.7.2 the work, materials, and equipment to local safety requirements, provisions of this section, be incorporated therein; whether in storage on or off and safety of all persons and property on or about the the site, under care, custody or control of the site. COUNTY, or the COUNTY's subcontractors; and 13.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 13.8 The COUNTY shall provide first aid services and medical care to its employees. 13.9 The COUNTY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. 13.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the COUNTY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 13.11 Environmental: When the COUNTY, COUNTY's subcontractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the ATTACHMEN! N0. / Contract Ftle.\Coun ,.do 10 EXHIBIT "C" STATEMENT OF WORK BROKEN BACK ROAD BRIDGE REPLACEMENT 1.0 BACKGROUND The South Florida Water Management District (the District) is currently undertaking a four phase water management improvement plan in the Cocohatchee Canal Watershed in the Big Cypress Basin. The Cocohatchee Canal is adjacent to Immokalee Road in Collier County, Florida. The purpose of this improvement plan is to prevent salt water intrusion, reduce overdrainage in the watershed, and enhance flood protection. The Cocohatchee Canal drains a watershed of approximately 186 square miles, consisting of mixed development, agriculture, and natural areas. The water resources of the Cocohatchee Canal Basin are unique in that they include the sensitive environmental corridor of the Bird Rookery Swamp, Corkscrew Marsh, and Corkscrew Sanctuary. Phase 1 was completed in 1994 and consisted of construction of one water control structure (salinity barrier), and improvements to approximately 2,000 linear feet of canal in the western portion of the canal. Phase 2 is ongoing and consists of construction of a second water control structure, and improvements to approximately 6,000 linear feet of canal in between Structure Number I and Structure Number 2. Remaining Phase 2 improvements include replacement of the Palm River Boulevard bridge and one utility crossing. Phase 3 is currently in the design stage and includes construction of a third water control structure and improvements to approximately 5.5 linear miles of canal. Phase 4 is currently in the planning stage and will include improvements to approximately 4.5 linear miles of canal. The Collier County Board of Commissioners (County) is planning and designing improvements to Immokalee Road and a portion of County Road 951 at its intersection with Immokalee Road to meet the desired access and traffic requirements. The objectives for this contract are to replace the culverts crossing the Cocohatchee Canal at Page 1 of 5, Exhibit C, Agreement No. C-9039 ATTACHMENT NO. / "' 6 1999 PAGE "" Broken Back Road with a larger bridge crossing the canal as part of the Phase 3 Improvements. The existing culvert crossing is located in the southwest comer of Section 23, Township 48 south, Range 26 east. There is a 30 feet wide public roadway easement (O. R. Book 149, Pg. 489) along the east 30 feet of Section 22, Township 48 south, Range 26 east. The new bridge should meet the requirements identified in the Scope of Services, Section 2.0. This bridge replacement was identified in an H/H study of the Cocohatchee Canal conducted by the South Florida Water Management District in February 1997. 2.0 SCOPE OF WORK The scope of work is broken down into specific tasks to identify the responsibilities of each party. Task 1 - Spoil Disposal Site This task consists of selecting and acquiring a site for the disposal of excess spoil material obtained by the bridge/roadway removal outlined in Task 4. Any excess materials shall not be deposited within the canal right of way, and shall 'not constrict the canal conveyance. The County shall be responsible for obtaining and funding a suitable disposal site. Task 2 - Permitting This task consists of obtaining the necessary regulatory permits, construction easements and access to complete the remaining tasks. The County shall be responsible for all funding and other technical aspects of this Task subject to provisions of this Agreement and requirements of all other tasks. Page 2 of 5, Exhibit C, Agreement No. C-9039 ATTACHMENT NO. / [ "°'~1 Task 3 - Engineering Design This task consist of the engineering and design work to prepare a set of construction plans and specifications for a new canal crossing. The County shall be responsible for this task subject to provisions of this Agreement and description of the other Tasks herein subject to provisions of this Agreement. The new bridge design shall meet the hydraulic conditions required to provide the desired level of flood protection. The canal and new bridge structure shall be able to convey a flow of,t,-7+cubic feet per second with a water surface elevation not higher then 13.'8'5'feet NGVD and energy head losses not more than 0.05 feet. The low member of the bridge should have a minimum elevation of 15.85 feet NGVD. The new bridge shall have one northbound and one southbound traffic lanes and shall meet COUNTY codes and transportation requirements in effect at commencement of this agreement. Task 4 - Removal of Existing Structure and Excavation This task involves the removal of the existing culverts and the canal excavation required to obtain the desired cross-sections. The County shall be responsible for culvert removal and excavation. The County shall be responsible for the relocation of any utilities that cross or enter the Cocohatchee Canal right of way at this location including, but not limited to, electric lines, telephone, cable TV, water and sewer lines, drainage structures, street lights, and signs. The new canal cross section shall be excavated underneath the footprints of the existing culverts and new bridge, and a transition to the existing canal cross sections to the east and west. The new cross-section shall have a trapezoidal shape, a bottom width of 35 feet, two horizontal to one vertical side slopes (2:1), and a bottom elevation of 7.5 feet NGVD. The centerline of this trapezoid shall be 12.5 feet south of the centerline of the canal right of way. Page 3 of 5, Exhibit C, Agreement No. C-9039 ATTACHMENT NO/ PAGE ' OF/ ' , JAN 2 6 1999 Task 5 - Construction of New Bridge This Task consists of constructing a new roadway crossing on the Cocohatchee Canal to replace the existing structure according to the plans and specifications developed in Task 3. The County shall be responsible for this task. The District shall reimburse the County for the construction costs of the new bridge, culvert removal and excavation up to $175,000.00 or the actual construction cost, whichever is less. The District will make one lump sum payment after removal of the existing structure and after completion of the new structure. The County shall provide all necessary documentation for confirmation of construction cost and construction completion of this crossing to the District to verify the amount due to the County. The County shall have all responsibility for access and traffic circulation related to culvert removal and new construction. Task 6 - DISTRICT Right of Way Permit The County shall obtain a District right of way permit to operate and maintain a canal crossing and any appurtenant facilities that may encroach within the District right of way. Within thirty (30) days of the completion of the construction of the bridge and roadway crossing as outlined in Task 5 and acceptance by the District, the County shall file an application for a right of way permit pursuant to Chapter 373.085, Florida Statutes. The County shall be responsible for the completeness of the application and provide such information as is reasonably necessary to complete the application. The District shall issue a right of way occupancy permit to the County within 90 days of a complete application which is in conformance with applicable District rules and criteria, and the County shall accept the permit and any conditions. Any application processing fees applicable to the right of way occupancy permit are waived. However, the County shall be responsible for any fees associated with any future permit modifications. Page 4 of 5, Exhibit C, Agreement No. C-9039 PAGE / 4 OF/~, JAN 2 6 1999 .G. ~ ,,, 3.0 PROJECT ACCEPTANCE For Tasks 4 and 5 the County project manager shall verify in writing that the work for which the invoice is rendered has been completed. The County bridge design engineer shall provide final certification that the work as described and outlined in this Statement of Work is complete in accordance with the County contract documents and all claims relative to these projects are satisfied. The County shall provide whatever supporting documentation may be deemed necessary for the District to verify satisfactory completion, and to support the lump sum payment amounts specified in Exhibit "D". Page 5 of 5, Exhibit C, Agreement No. C-9039 ATTACHMENT NO. / , No.~ PAGE /-.( OF/~ JAN 2 6 1999 P6, o ,/2;f EXHIBIT "D" DELIVERABLES AND PAYMENT SCHEDULE BROKEN BACK ROAD BRIDGE REPLACEMENT 1.0 DELIVERABLES The County project manager shall verify in writing that the work has been completed. The County bridge design engineer shall provide final certification that the work as described and outlined in the Statement of Work in Exhibit "C" is complete in accordance with the County contract documents and all claims relative to these projects are satisfied. The County shall submit a single invoice upon the submission of the final certification. Such invoice shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not-to-exceed budget, including, but not limited to, copies of approved timesheets, payment vouchers, expense reports, receipts and subcontractor invoices. -.- 2.0 DELIVERABLES AND PAYMENT Task Description Due Date~ Payment2 1 Spoil Disposal Site 12 months 0 2 Permitting 12 months 0 3 Engineering Design 12 months 0 4 Removal of Existing Structure and Excavation 24 months 0 5 Completion of Construction of New Bridge 24 months $175,000 6 District Right of Way Permit 24 months "' 0 TotalI $175,000 Note ~ The due date is expressed in months following the execution of this Agreement Note2 The District shall make a single Not-to-Exceed payment in the amount shown below. Page 1 of 1, Exhibit D, Agreement No. C-9039 ATTACHMENT NO. // ' PAGE /d, OF/a- JAN 2 lii 1gag pG./,r' EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WILSON, MILLER, BARTON, PEEK, INC. FOR THE GORDON RIVER EXTENSION BASIN STUDY PROJECT # 31005. OBJECTIVE: That the Board of County Commissioners approve Amendment No. 1 to the subject Agreement to provide for additional engineering, surveying, and environmental services in the mount of $16,500 to complete the required Basin Study. It is also requested that the Board approve the modification of Section 3.1 and Section B.2 of the original Agreement. CONSIDERATIONS: On April 7, 1998 the Board approved the Professional Services Agreement with Wilson, Miller, Barton, Peek, Inc. for the study of Gordon River Extension Basin. The Agreement was the third phase of an extensive study for this region with the ultimate goal of improving the water quality, groundwater recharge, and attenuation of stormwater flow for the entire area. The limits of the study extended from Vanderbilt Beach Road in the north to Golden Gate Parkway in the south. The cost of the Study ($166,000) is shared by the City of Naples (16.66% of the total cost), Big ""' Cypress Basin (33.34% of the total cost), and the remaining 50% (of the total cost) is provided by Collier County. At the request of the City of Naples and approval of the County and the Big Cypress Basin, the limits of the project is proposed to be extended to the south to cover a major drainage sub-basin located within the City of Naples. Amendment No.1 will authorize the consultant to add the aforementioned area to the current scope of services. Staff has negotiated the proposed scope and compensation provided in the attached Amendment No.1 to the Professional Services Agreement. The County Attomey's Office has already approved this Amendment. This Amendment will also modify the language in the original Agreement to ensure that in the future, only those amendments exceeding the limits set by the Purchasing Department would be presented to the Board. .~--~XJFISCAL IMPACT: Funds are available in the following account: Fund 325 1981 Water Management CIP Cost Center 17292 1 Basin Studies Project 31005 Gordon river Extension Basin Study Original Contract $166,000.00 ---- Previous Amendments $ 0.00 This Amendment $ 16,500.00 - Revised Contract $182,500.00 ,0. ~927,~_(f~5) JAN 2 1999 Executive Summary Page 2 GROWTH MANAGEMENT IMPACT: N.A. RECOMMENDATION: That the Board of County Commissioners approve Amendment No.1 to the subject Agreement to provide for additional engineering, surveying, and environmental services, also modification to the original Agreement language for the Gordon River Extension Basin study project. SUBMITTED BY: ff/'~t'TZ~~'~/~ C_~ DATE: ] J ''~ / ~ ff Mitch Momtaz, P.E., Project Manager Public Works Engineering Department REVIEWED BY~eff~Bibby' P.E., Director Public Works Engineering Department REVIEVCED BY: H~P~i DATE:/'/Z ' ~ ~ John rector Stormwater Management Department APPROVED BY~ DATE: Ed Ilschner, A~'ministrator Public Works Division 1999 GORDON RIVER EXTENSION BASIN STUDY AMENDMENT NO. I TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 1 to the Agreement dated April 7, 1998 (hereinafter referred to as the "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 (hereinafter referred to as the "OWNER") and Wilson, Miller, Barton, Peek, Inc., authorized to do business in the State of Florida, whose business address is 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the Gordon River Extension Basin Study (hereinafter referred to as the "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications (expansion of the project limits to the south, due to a request from the City of Naples) 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: ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional Engineering, Surveying, and Environmental 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 Exhibit A of this Amendment;as attached hereto. 1.3 Section 3.1 (Page 6) of the Agreement shall be amended to read as follows: However, the PROJECT Coordinator is not authorized to issue any verbal or written orders .---- or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatsoever unless approved, in advance, by the County Administrator or his designee: (a) The time the CONSULTANT is obligated to commence and complete all such services; or (b) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT provided that the change (or the sum of the changes) amounts to 10 percent or less, of the current Board approved amount and does not exceed $50,000. 1.4 Section B.2 of Schedule B, Basis of Compensation (Page 30) of the AGREEMENT shall be amended to read as follows: The time and reimbursable cost sum figures on Exhibit B shall not be exceeded without a change in the scope of the PROJECT being approved by the County Administrator or his designee. 5' JAN/._~6 1999 2 PG. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Exhibit B, entitled "Exhibit B - Fees" For Basic Services and Consultanrs Estimate of Additional Services, as outlined in said AGREEMENT with the modifications to Exhibit A to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said PROJECT will remain unchanged. ARTICLE FOUR 4.1 The AGREEMENT, as amended, shall remain in full force and effect. JAN 2 6'1~t~'9 3 PS.~e~ - -JN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional .~ervices Agreement for the Gordon River Basin Study the day and year first written above. ATTEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: By: Dwight E. Brock, Clerk Pamela s. MacKie, Chairwoman Apprcved as to form and ~egal sufficiency: Assistant County Attorney ' ~ " Wils , ' , , . ,/ . ' ,; .__~ --~--~. ,'~--"j_By: Fermin ATDiaz, Exec,Ut, i~e Vice ~ident Nitness ~ (CORPORATE SEAL) JAN 2 6 1999 4 PG, ~ _ EXHIBIT A - SCOPE OF SERVICES PROJECT: Gordon River Extension Basin Study Phase III DATE: December 8. 1998 Supplemental Agreement No. 1 PARAGRAPH SERVICE 4.1. Mapping Additional Services 4.1.1. In accordance with Assumption 2.3, Wilson Miller will obtain a copy of the Sections 34 and 35, Township 49 South, Range 25 digital map from the Collier County Property Appraiser's Ofiqce. Wilson Miller will geo-reference and edge- match the additional parcel maps. 4.2. Surveying Additional Services 4.2.1. Wilson Miller will survey the existing storm sewer trunk line running on the west side of Goodlette-Frank Road from Fleischmann Boulevard south to the beginning of the trunk line across from the City of Naples Public Safety Building and including the existing 72" outfall across Goodlette-Frank Road near Broad Avenue South. WoM shall provide survey data regarding existing pipe sizes, inverts, top of grate and edge of pavement elevations at each trunk line junction box or manhole. The County shall assist Wilson Miller by providing access to the drainage structures. 4.2.2. Wilson Miller will incorporate the expanded basin area into the Basin Boundary Delineation Map that will be prepared in accordance with Section 3 of the Scope of Services of the Agreement. 4.2.3. No additional cross sections 4.3. Additional Basin Related Research and Information Collection 4.3.1. Wilson Miller will collect available information as described in Section 1 of the Scope of Services of the Agreement for existing developments within the expanded basin area described in Exhibit 1. 4.4. Secure new 1:24000 scale black and white aerial photography. Scan 1000 DPI and georeference to control coordinates provided by Wilson, Miller, Barton & Peek, Inc. Provide three (3) image files in TFW/TIFF format on CD-ROM. Refer to the attached letter from Aerial Cartographics of America, Inc. dated June 18, 1998 incopor 11/10198-44135 Ver: 03 n-AC, ONZ.~LF_2. N0475-003-000o-~3 Exhibit A, Scope of Services Page 2 Gordon River Extension Basin Study Area Supplemental Agreement No. 1 for an explanation of the aerial photography services to be provided in accordance with the scope of work described in Item B. 4.5. Deliverables 4.5.1. No additional deliverables will be produced for the additional services referenced herein. The work products will be incorporated into the deliverables defined in Section 4 of the Scope of Services of the Agreement. 4.6. Reimbursable Expenses No additional reimbursable expenses are anticipated. 4.7. Excluded Services The professional services that Wilson Miller will provide under this Proposal/Agreement --- include, and are limited to, those described above in Section 4.0, SCOPE OF SERVICES. All other services are specifically excluded. Listed below are excluded services which may be required or desired for the Project: 4.7.1. Materials testing. 4.7.2. Geotechnical services. Hydrogeological services. Hazardous waste assessments. 4.7.3. Review of abstract of title. 4.7.4. Subdivision plans. 4.7.5. Plat preparation. EXHIBIT B - FEES PROJECT: Gordon River Extension Basin Smdv Phase III DATE: December 8.1998 Supplemental A~zreement No. 1 PARAGRAPH SERVICE FEE FIXED FEE OR TYPE ESTIMATED AMOUNT 4.1 Mapping Additional Services T/M/E $620 4.2 Surveying Additional Services T/MfE $8,840 4.3 Additional Basin Research and Information T/M/E $3,915 Collection 4.4 New 1:24000 digital aerial photography Fixed $3,125 Total Additional T/M/E fees $16,500 JAN 2 E 1999 1 I / 10/98-44135 Ver 031 -A GONZ ALEZ .... NO475-003 -000-0 June 18, 1998 i 6LbE' . ........................ Mr. Sloven Ries GIS Manager WILSON, MILBER, BARTON & PEEK 3200 Bailey Lane ~ Ai~o~ Road, Suite 2OO Naples, FL 34105 Subject: Gordon Ri~er Basin Image~ AGA Proposal ~9614 Dear Mr. Rjes: Pursuant to your request for digital raster image~ for the above menloned project, please fine Aeria~ Canographics of Ameri~'s proposed scope of work and related fees. Project Limits: -~ ~5, ~o~ I~ ~ t~ Z~,~,~,~, ~ ~ownship 49S, Range 25, Sections 2, ~, 1 O. ~ 1 ~ ~. ~ 5, 22, 23 2~, 27, 34, 35 Scope of Work: A) Utilize existing 1:24000 s~le black an~ whi~e photography secured on 10/21/96. Scan ~PI and geo-referen~ to existing TFW~tFF ima~e~ provided by Wilson, Miller, Ba~o~ ~ Peek. Provide three (3) image files in TFW~I FF format on CD-ROM. B) Secure new 1:24000 scale black and white a~rial photography. S~n 1000 DPI reference to control coordinates provided ~y Wilson, Milter, Ba~on & Peek. Provid~ image flies in TFW~IFF format on Fee Schedule: Item A: One thousand, ~o hundred and seventy dollars ................. $1,270.00 Item S: Three thousand, one hundred and thi~y-five dollars ................. $3,125.00 We appreciate the oppo~uni~ of submittin~ this proposal and look fo~ard to working with project. Ve~ truly yours, ~ ~~ S~~ ~ ' VF ':3 AERIAL CARTOG~PHICS OF AMERICA, INC. ~ o . ~ Steven Kuda, P.S.M. SK/pb 1999 1722 ~ OOk i?idQ ,' ~,~'~, ! · ~: i, ~: ~ t~, I[ EXECUTIVE SUMMARY AUTHORIZE THE PUBLIC WORKS ENGINEERING DEPARTMENT(PWED) DIRECTOR TO APPROVE A WORK ORDER WITH WILSON, MILLER, BARTON, PEEK, INC., TO OBTAIN AERIAL MAPPING OF HALDEMAN AND ROCK CREEK BASINS UTILIZING THE FIXED TERM ANNUAL CONTRACT. PROJECT # 31010, WORK ORDER # WM-FT-99-1. OBJECTIVE: To gain Board approval to authorize the PWED Director to execute a Work Order with Wilson, Miller, Barton, Peek, Inc.(WMBP) for the purpose of generating the necessary aerial mapping to study the Haldeman and Rock Creek Basins. CONSIDERATION: Haldeman Creek is a natural stream that has been channelized and modified to extend from Naples Bay along the northern perimeter of the Windstar PUD to its headwater terminus at the southeast comer of Kings Lake. Rock Creek is a natural stream that has been modified to extend from the headwaters of Naples Bay at the southern end of the Naples Airport to its headwater terminus at the Collier County Production Park north of Radio Road. The drainage basins for both of these creeks are intensively developed with both older and newer residential and commercial properties. Both the 1984 Water Management District No. 6 Design Report and the 1990 Collier County Stormwater Management Master Plan identified areas within these basins as needing major improvements to the'existing stormwater management facilities. This aerial mapping project is the first phase of initiating detailed basin studies to identify the problems and needed improvements. The mapping project will establish surveying monuments for future project use and provide aerial photography and topographic plotting in both mylar and raster imagery formats. As a cost saving measure, while the airplane is in the air, this aerial mapping project will obtain some needed aerial photography to supplement existing aerial photography for the ongoing Lely Area Stormwater Improvement Project (Project No. 31101 ), the ongoing Gordon River Extension Basin Master Plan (Project No. 31005) and the Gateway Triangle Stormwater Master Plan (Project No. 31803). Additionally, through the coordination of staff, the City of Naples requested some aerial photography of the land sections along the east side of Naples Bay. The City is providing the funding in the amount of $10,000 for their requested portion of the photography. The County Attomey's office has already approved this Work Order. ^. ,- FISCAL IMPACT: Funds in the amount of $35,000 are available: Fund 325 1981 Water Management CIP Cost Center 172960 Environmental studies &Land Acquisition ,,--. Project 31010 Haldeman &Rock Creek Aerial Mapping JAN 2 6 1999 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the PWED Director to execute the proposed Work Order # WM-FT-99-1 in the amount of $35,000 with WMBP and proceed with the aerial mapping of Haldeman and Rock Creek Basins. Mitch Momtaz, P.E., Project Manager Public Works Engineering Department DATE: Jeff Bibby, P.E., Director Public Works Engineering Department DATE: ' Johrf'H, Boldt, P.E., P.S.M., Director Stormwater Management Dept. APPROVED Ed Ilsc~r~dministrator ' ' ' B~_,,; DATE:/-/3 -~ ? --- Public Works Division JAN 2 6 1999 EXHIBIT A -SCOPE OF SERVICES Project: Halderman & Rock Creek Drainage Basin PHASE 1 Aerial Photography Date: October 20, 1998 SCOPE OF SERVICES BY WILSON~ MILLER. BARTON & PEEK~ iNC.: 1. Phase 1: Aerial Photo~m'aphy for Halderman and Rock Creek A. Placement and coordination of targets for the 18 square mile project. B. Flight to gather the photogaphic images and the processing necessary to provide the following: Aerial photograph)' Black and white phot%m-aphy for raster imagery, and 1 set of contact prints Black and white photogaphy for stereoscopic mapping of the 8.5 square miles One set of contact prints Color infrared aerial photography 1 "=800' and 1 set of contact prints Line index for all photogaphy Production of 1 "=200' raster images for all 18 square miles Production of 1 '=100' raster images for the entire project, delivered in two sections 1 N0~ '- JAN 2 6 1999 PG. ,,~ HALDEMAN CREEK AND ROCK CREEK BASINS Aerial Mapping Technical Specifications 1.0 Introduction The purpose for these specifications is to produce geo-referenced or aerial photo maps, and for some areas geo-referenced aerial topographic maps with one foot contour intervals, at a scale of 1" = 200' that meet the mapping standards in Rule 61G17-6 F.A.C. 2.0 Scope of Work' 2.1 General Requirements The aerial mapping project involves aerial maps (AM) for some sections and topographical aerial maps (TAM) for other sections as follows: Location AM .TAM Township 49 South, Range 25 East Section 34 Yes Township 50 South, Ran_qe 25 East Sections 1,2, 11.12, 13, and 14 Yes Sections 3, 10, 15, 22, and 23 Yes Township 50 SOuth, Range 26 East Sections 6, 7, and the west half of 18 Yes Township 51 South, Range 25 East Section 1 Yes Township 51 South, Ran_qe 26 East Sections 5 and 6 Yes The aerial photographs shall be taken while the sun is 35°above the horizon to minimize the tree shadows. Details not specifically described or required in this agreement are, nevertheless, a firm requirement, if they ,can be identified as an item or items commonly part ,of professional grade work of comparative nature. Aerial Mapping (AM) The Aerial Mapping (AM) project shall produce one odginal set and one duplicate set of aerial photo maps at a scale of 1" = 200', related computer generated mapping data, one set of aedal photo mosaic maps at 1" = 1000', two sets of 9" x 9" black and 2 N0.~,/~ HALDEMAN CREEK AND ROCK CREEK BASINS Aerial Mapping Technical Specifications white aedal photo contact prints. Each aerial photo map will cover one land section. Sheet size will be 30" x 36" with image size 30" x 30". Topographic Aerial Mapping {TAM) The Topographic Aedal Mapping (TAM) project shall produce one odginal set and one duplicate ~et of aedal photo maps with 1 foot contour intervals at a scale of 1" = 200', related computer generated mapping data, one set of aedal photo mosaic maps at 1" = 1000', two sets of 9" x 9" black and white aedal photo contact prints. Each TAM will cover one land section. Sheet size will be 30" x 36" with image size 30" x 30". The products shall be of the highest professional quality. To this end, all project work will be accomplished under the supervision of a Florida Registered Surveyor and Mapper. 2.2 Area to be Mapped The area to be mapped is shown on Exhibit "A" and described above in Section 2.0. The area to be photo mapped is approximately 8.5 square miles of topographic aerial mapping and 9 square miles of aerial mapping. The mapping project will require 18 standard formatted sheets of a scale of 1" = 200'. 3.0 Topographic Aerial Maps The following specifications will apply to the aedal photo base maps at a scale of 1" = ~00', with one (1) foot contour intervals and spot elevations expressed to the nearest tenth of a foot. 3.1 Negatives The negatives will be the property of the County, but stored by Aerial Cartographics of America. 3.2 Mylars The aerial 'photography shall, be reversed reading on the emulsion side and superimposed on a four-mil double matte surface mylar sheets of 30" x 36" size, using a screen containing either 85 or 100 lines per inch unless otherwise specified- Enlargements for 1" = 200° base maps shall not exceed 6 diameters. The horizontal scaling accuracy of the mylars shall be not less than 1 part in 2500. 3 J A N 2 6 1999 , PG. / HALDEMAN CREEK AND ROCK CREEK BASINS Aerial Mapping Technical Specifications The finished mylars shall be of such quality for blueprint reproduction. The format of the mylars shall be coordinated with the County's project manager. 3.4 One contact print shall be furnished with each negative. 3.5 Ground control is to be provided by the vendor per specifications. 3.6 Vendor shall have the facilities to produce contour maps through the use of aerotriangulation and stereoplotting to the following specifications: Feature (contoUr lines) accuracies shall be stated in a manner consistent with the general survey and map accuracy provisions of Rule 61G-17-6.003(1 )(0. Contours shall be shown as solid lines except in areas where the ground is completely obscured by heavy brush or tree cover. In such areas, the contours shall be shown as dashed lines and shall be plotted as accurately as possible from the stereoscopic model with particular reference to spot elevations measured photogrammetrically and indicated in places where the ground is visible. Spot elevations determined photogrammetrically shall be shown on maps in proper position at water level on lakes, reservoirs and ponds, on hilltops, levees, roadways, etc., in saddles and at the bottom of depressions. Accuracy For one foot contour mapping, all digital mapping will comply with the Florida Minimum Technical Standards and National Map Accuracy Standards. Ninety percent (90%) of the contours tested will be accurate within one half of the contour interval and the remaining ten percent (10%) within the contour level. Ninety percent (90%) of all spot elevations will be accurate to within .25'. The remaining ten percent (10%) within .5'. In vegetated areas where the ground is obscured, we recommend that the client supplement those areas with cross sections or profiles by field survey methods 3.7 , Map Format Samples of County format, title block, and logo will be made available . All map sheets produced will be in conformity with County format. Coordinate grid lines shall be shown on the contour and base maps at 5 inch increments and shall be based on the Ftorida State Plane Coordinate System, East Zone, NAD27, 1983/90 adjustment. ~. 4 ~ .0.~' JAN 2 6 1999/ HALDEMAN CREEK AND ROCK CREEK BASINS Aerial Mapping Technical Specifications 4.0 Computer Generated Diaital MaD_DincJ Data For the entire Topographic Mapped Area (TAM), the vendor shall provide the following digital data compatible with the County's CAD (AutoCAD with a GSX overlay for raster photographs) and GIS (ARCINFO) systems. 4.1 Coordinate file in ASCII format for horizontal and vertical control used on the project. 4.2 Coordinate file in ASCII format, of spot elevations collected in stereo instruments to . support SFVVMD hydrographic modeling. 5.0 Raster Imagery The vendor will scan the film aliapositives at a scan rate suitable for an imagery product at 1" = 200' scale. The vendor understands that future usage of the raster imagery by the County may include zooming in to enlarge the imagery to a 1" = 100' scale. While the quality of the imagery may be reduced at this closer scale, the product will still be usable. Imagery will be supplied in TIFF format on CD-ROM disks. The file(s) will be ready to use with CAD Overlay GSX software. A. Summary of Work Products Required 1. Aerial Photos Two (2) sets of black and white aerial photos consisting of 9" x 9" contact prints prepared on semi-matte single weight photographic paper affording stereoscopic coverage of the project area. Photos will be separated into envelopes by flight lines. Envelopes will be labeled with flight lines, photo number, project name, roll, scale, date and camera serial number. One (1) set of color infrared aedal photos at a scale of 1" = 800' consisting of 9" x 9" contact prints prepared on semi-marie single weight photographic paper affording stereoscopic coverage of the project area. Photos will be separated into envelopes by flight lines. Envelopes will be labeled with flight lines, photo number, project name, roll, scale, date and camera serial number. This photography will be used for we{lands delineation. ACA can produce raster , imagery, hard copy enlargements, or planimetdc mapping to scales as large as 1" = 100" from the aerial photography. The final products required should be ordered by the environmentalist under their contract. 2. Photo and sheet Indices A line index will show the relative location of individual exposures from black and 5 JAN 2 6 1999 HALDEMAN CREEK AND ROCK CREEK BASINS .,,_, Aerial Mapping Technical Specifications white photography, color infrared photography, raster files and AutoCAD topographic map files. A sheet index map, placed within the available clear space above the title block, will show the relative location of each sheet in the mapping project. The map shall be a line drawing that will include, but not be limited to, the following: sections, as discernible from U.S. Geological Survey Quad maps. 3. Topographic Aerial Maps & Aerial Maps Mylars CRAM} One set of photo contour maps and one duplicate set, scale 1" = 200' with 1 foot contour intervals, related computer generated mapping data and spot elevations. 4. Raster Mosaic Map Provide an overall raster image of the entire project area. 5. Original Negatives All original film will become the property of the County but may be stored for preservation purposes with the vendor. 6. Horizontal and Vertical Control Data One set of each of horizontal and vertical (benchmark) control data shall be furnished to the County in hard copy and on a 3.5" disc. 7. Field Notes and Computations 8. Digital Data Data to be furnished to the County in digital form shall consist of the following. Coordinates of horizontal and vertical control stations in ASCII format. Contours and spot elevations as line and point coverages respectively in ARCINFO V.7 (or later) export format written on compact disks. An item reflecting the >_- value for all contours and spot elevations will be required in the ARCINFO database defined as 44N2. Digital black and white, geo-referenced photography with 1" = 200', 1.3 Pixels and 1" = 1000', 6' Pixels in .GEOTIFF format. 6 JAN, 2 1999 EXHIBIT B~ FEES Project: Halderman & Rock Creek Drainage Basin PHASE 1 Aerial Photography Date: October 20, 1998 SCOPE OF SERVICE FEES: 1. Phase 1: Aerial Photography for Halderman and Rock Creek A. Placement and coordination of targets Fixed $15,000. B. Aerial photo~aphy flight and processing Fixed $20.000. Total fees Phase 1: S35,000. 1 JAN 2 6 1St99 EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENT TO RE-APPROPRIATE FUNDS FOR THE COMPLETION OF WATER DEPARTMENT PROJECTS CURRENTLY IN PROGRESS OBJECTIVE: Authorize a budget amendment re-appropriating $556,594 to complete the balance of four capital projects currently in progress. CONSIDERATIONS: The four projects listed below are in various stages of completion and a number of outstanding items from FY 98 remain to be completed. Total forecast expenditures for these projects in FY 98 were $914,320. However, only $357,726 was actually expended or encumbered prior to the end of the fiscal year, leaving a projects balance of $556,594. Project Forecast Actual Carryforward Underground Storage Tanks(70026) $137,120 $122,996 $ 14,124 Maintenance Building(70036) $321,800 $221,730 $100,070 Mariatee Pump Upgrades(70052) $376,000 $ 0 $376,000 Concentrate Header(70057) $ 79,400 $ 13,000 $ 66,400 ~"' Total $914,320 $357,726 $556,594 As the entire $914,320 was forecast in FY 98 but not expended/encumbered, carryforward revenue should be available to fund the remaining balance of these Water Department projects in FY 99. However, to the extent possible, staff avoids appropriating carryforward revenue until audited carryforward figures are available. As a result, staff recommends re-appropriating the $556,594 projects balance using available reserve funds. FISCAL IMPACT: The total fiscal impact of this Executive Summary is $556,594. Funds are available in' the Reserves for Contingencies account of the Water Department Reserves Fund (919010-991000). These funds will be appropriated to; Water Capital Fund - Water Capital Projects - Underground Storage Tanks 412-273511-763100-70026 - $ 14,124 Water Capital Fund - Water Capital Projects - Maintenance Building 412-273511-763100-70036 - $100,070 Water Impact Fees - Water Capital Projects - Manatee Pump Upgrades 411- 273511 - 631400 - 70052 - $ 43,000 411- 273511 - 763100 - 70052 - $333,000 Water Capital Fund - Water Capital Projects - 412 - 273511 - 631400 - 70057 - $ 4,000 ~_. 412-273511-763100-70057 - $ 62,400 The reserve account will be replenished when audited carryforward figures are available. JAN 2 6 1999 PG. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment appropriating reserves to complete the balance of these four Water Department projects. PREPARED BY: -- DATE: Bobb Reeder - Facilities Superintendent/Water REWEWEDBY: '/ '~~,~,,~,~/ DATE: Paul usch - Director/Water APPROVED B~ DATE: Ed Ilsclm~(A~tminiltra(or/Public Works JAN 2 6 1999 EXECUTIVE SUMMARY REJECTION OF BID ~98-2832 FOR DEGASIFIER/MEDIA AND HEADER REPLACEMENT OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Goveming Board of the Collier County Water-Sewer District reject Bid #98-2832 for the purchase of degasifier/media and header replacement. CONSIDERATION: 1. Bid #98-2832 was posted on June 18, 1998. One-hundred and thirty inquires were sent to vendors and one bidder responded. 2. Staff has reviewed the proposal received from Milimir Construction and determined that this vendor was already onsite at the North Plant, as the Contractor overseeing the Plant expansion project. It has been determined that the degasifier/media and header replacement can be accomplished as part of this project rather than a separate bid at a considerable cost savings. FISCAL IMPACT: There is no fiscal impact to approving this item. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, reject Bid #98-2832 for degasifier/media and header replacement. / SUBMITTED BY: _ ':: ,,, -e..,....-.-,,, Date: " "~ '~; ? Pam Libby, Field fnpervisor REVIEWED BY: c- Date: Paul Mattausch, Water Director Stev~ Carn~llfPurchasing'Virector APPROVED BY:~ Date: / -/,,3 Works Administrator - JAN 2 6 1999 PG. EXECUTIVE SUMMARY REJECTION OF BID//98-2815 FOR DOMESTIC WATER METERS OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District reject Bid//98-2815 for the purchase of domestic water meters. CONSIDERATION: 1. The Water and Department of Revenue utilize water meters to register customer usage of potable and effluent water in the County Water-Sewer District. 2. Bid #98-2815 for domestic water meters was posted on June 24, 1998 Twenty-three inquires were sent to vendors and five bidders responded. 3. Staff has reviewed the bids received. As the Department of Revenue is exploring utilizing an automatic meter reading system, an additional requirement was added to this years bid that required that meters provided as part of this bid be able to be read in this manner. Bidders experienced confusion over the exact requirements that this new system would impose. Several bidders provided the cost of a meter that could now be read automatically, while the majority of the vendors bid a meter that could be converted to automatic reading at an additional cost. 4. The Water Department is working in conjunction with the Department of Revenue to produce a clearer set of specifications and will be rebidding this item within the next 30 days. FISCAL IMPACT: There is no fiscal impact to approving this item. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners, Ex-Offlcio, the Governing Board of the Collier County Water-Sewer District, reject Bid//98-2815 for domestic water meters and allow for a rebidding of this item. SUBMITTED BY:j_';-,'-.-, -,,,~..>.~:i Date: j / Pam Libby, Field Super%,isor Paul ausch, Water Director Steve tamell, Pu;chasing Director APPROVED B Date: Ed Ilschn'~r, P~'blTc ~Vorks Administrator ' JAN NO.~ JAN 2 6 1999 PG. ~ EXECUTIVE SUMMARY ADDITION TO BID #98-2882 FOR CONSTRUCTION OF THE 6TH STREET SIDEWALK AS PART OF THE ANNUAL PATHWAY PROJECT. ~I~.~T. LY.~: To obtain Board approval to add the 6th Street (Naples Park) location to Bid #98-2882 for sidewalk construction. CONSIDERATIONS: On December 15, 1998, Agenda Item 16(B)(10), the Board awarded Bid#98-2882 to Bonness, Inc. for the construction of various bicycle and pedestrian pathways. In that agenda item, the Transportation Services Department recommended the deletion of the 6th Street location to stay within budgetary limitations. The 6th Street sidewalk bid was $81,666.27. Community support for this location, once questionable, has solidified. Reserve dollars are limited in the Road Construction Gas Tax Fund 313-919010-993000. Staff reviewed other projects in Fund 313 and is able to take a short-term loan from the Airport Road Phase 2 Project No. 69153. The Public Works Engineering Department (PWED) is preparing an agenda item to recognize Fund 3 13 's actual carry forward. A provision will be made to repay the loan using actual carry forward dollars. FISCAL IMPACT: Funds are available in Road Construction Gas Tax Fund 313-163673-763100-69153 in the amount of $90,800 ($81,700 for the 6m Street sidewalk and $9,100 which was approved by the Board December 15, 1998 for the balance of the original approval), and will be repaid when actual carry forward of the fund is recognized and distributed among the projects within the fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the addition of the 6th Street location to Bid #98-2882 for construction of pathways and authorize the required Budget Amendment. SUBMITTED BY: ~"~'/'C'/~"~/t~/~-'~- DATE:/-/~ Russell D. Muller, Engineer II, Transportation Services Department Ste~en Y. Camell, Director, Purchasing Department REVIEWED BY:""' ""' ' ' , DATE:. D (fit, .., ' , REVIEWED B DATE:',"-/ APPROVED BY: Edward a "" '~tor DATE://-/J' Ed Ils[hner, P~ublic Works Administrator JAN 2 6 1999 ,, PG,.. / _ EXECUTIVE SUMMARY APPROVE A LAND PURCHASE AGREEMENT WITH PELICAN RIDGE OF NAPLES ASSOCIATION, INC. PURSUANT TO EMINENT DOMAIN CASE NO. 95-5071-CA-01-TB FOR THE RECENTLY CONSTRUCTED VANDERBILT BEACH ROAD FOUR LANING IMPROVEMENTS (HAMMOCK OAK DRIVE TO AIRPORT-PULLING ROAD). OBJECTIVE: Board approval and execution of a land Purchase Agreement with Pelican Ridge of Naples Association, Inc. for fight-of-way necessary along Pelican Ridge Boulevard to conclude an Eminent Domain lawsuit with the Summerplace Condominium property owner. CONSIDERATION: Eminent Domain Case No. 95-5071-CA-01-TB for the recently constructed Vanderbilt Beach Road four laning project includes right-of-way acquisition parcel nos. 117B and 517 that were acquired by Collier County from the Summerplace Condominium property owner under an order of taking process. Negotiations are being finalized with representatives of the Summerplace Condominium that shall result in a final settlement of Case No. 95-5071-CA-01-TB for the subject two right-of-way parcels. The Collier County Attorney's Office is concluding a Stipulated Final Judgment agreement with the Summerplace Condominium which shall be presented to the Board for approval in the near future under a separate staff report. A key provision under the pending Stipulated Final Judgment shall require Collier County to reinstate limited roadway access for the Summerplace Condominium property. The access improvements are located on Pelican Ridge Boulevard immediately south of Vanderbilt Beach Road, and consist of a two lane two-way driveway entrance. A land strip owned by the abutting property owner to the south (Pelican Ridge of Naples Association, Inc.) separates the Summerplace Condominium site from the Pelican Ridge Boulevard roadway pavement, and hence the attached land Purchase Agreement with Pelican Ridge of Naples Association, Inc. has been negotiated to provide the required right-of-way for the driveway connection. It is noted that the right-of-way land strip (30 feet wide) for the driveway will be conveyed to Collier County as a Quit Claim Deed and shall also be utilized by Collier County for maintenance of existing utilities and drainage systems. The acquisition purchase amount for the Pelican Ridge Boulevard right-of-way is $30,000.00, and includes full compensation for all potential site damages such as existing landscaping and related ground fixtures. FISCAL IMPACT: The final negotiated right-of-way acquisition purchase cost is $30,000.00. ?,<~.;'Miscellaneous administrative costs for recording and providing additional copies of the Purchase l ~\' Agreement approximates $50.00. The total fiscal impact shall not exceed $30,050.00. Funds are available in the FY 1999 budget and project account as follows: Cost: $30,050.00 Fund: 331 - Road Impact Fees (District 1 ) Cost Center: 163650 - Road Impact Construction Project No.: 67021 - Vanderbilt Beach Road Four Laning Improvements l" J A N 2 6 1999 PG, / Executive Summary--- Vanderbilt Beach Road Eminent Domain Case No. 95-5071-CA-01-TB GROWTH MANAGEMENT IMPACT: Vanderbilt Beach Road is a Capital Improvement Element (Project No. 023) of the Collier County transportation plan, and as such, the recommendations herein are consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: (1) Approve the-attached Purchase Agreement and authorize the Board Chairman to execute same; (2) Accept the Quitclaim Deed from Pelican Ridge of Naples Association, Inc.; (3) Authorize Staff to prepare related vouchers and warrants for payment; and (4) Authorize Staff to proceed with recording all appropriate documents pertinent to this transaction in the Public Records of Collier County, Florida. " · ......... DATE: PREPARED BY: ~ . ~ '~ ' Wilma Ive , Senior Property Specialist ' Real o / an gement artme t ~VIEWED BY: ~~~ DATE: ~ibby, P.E., Director APPROVED B~ ks~~~rtment DATE: Ed llschner, Administrator Public Works Division JAN 2'd ;999 PG. PROJECT: Pelican Ridge FOLIO NO: 67390720004 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereina~er referred to as the "Agreement") is made and entered into by and between PELICAN RIDGE OF NAPLES ASSOCIATION, INC., A FLORIDA NOT-FOR PROFIT CORPORATION, (hereina~er referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafier referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $30,000, payable by County Warrant (said transaction hereinafier referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. 2, Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments ~/~ I~ which will remove or release such encumbrances from the Property upon their ',~',~, recording in the public records of Collier County, Florida. Owner shall provide ~ 3. I , and further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Purchase Agreement Page 2 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6, presently are in compliance with all Federal, State and Local environmental laws; ~at no hazardous substances have been generated, stored, treated or on the Property except as specifically disclosed to the Purchaser; that has no knowledge of any spill or environmental law violation on any uous to or in the vicinity of the Property to be sold to the ~at the Owner has not received notice and otherwise has no - knowledge a) any spill on the Property, b) any existing or threatened environmental against the Property or c) any lawsuit, proceeding or investigation regar ' g the generation, storage, treatment, spill or transfer of hazardous substance n the Property. This provision shall survive Closing and is not deemed satisfied b conveyance of title. 7. Owner shall indemnify, def d, save and hold harmless the Purchaser against and from, and to reimburse th urchaser with respect to, any and all damages, claims, liabilities, laws, costs d expenses (including without limitation reasonable paralegal and attorney f and expenses whether in court, out of court, in bankruptcy or administrative p eedings or on appeal), penalties or fines incurred by ,or asserted ag. ainst the Purc. ser by re.ason o.r .arising out of !he ~~ ~. prows~on shall survive 8. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any Costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. ' AG[N[..IA [ "~1 6 199 Purchase Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this __day of ,19 Date Property acquisition approved by 13CC: AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk Pamela s. MacKie, 'Chairwoman AS TO OWNER: DATED: IZ 'Z l -~ ~ ature) Pelican Ridge of Naples Association, Inc. Name:T(~ A. ~/A.(::,4,.~P_ ~t Witness (Signatdre) Name: ~40~'Fr[' 114. ~1~ (Print or Type) Approved as to form and legal sufficiency: Assistant County Attorney OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAM! TRAIL NAPLES. FLORIDA 34112 (941) 774.-8192 PROJECT NO. -5 r I. PROJECT PARCEL NO. TAX PARCEL NO. SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) A PORTION OF BLOCK 2 OF THE PLAT THEREOF" PINE RIDGE SECOND EXTENSION REPLAT", AS RECORDED IN PLAT BOOK 12, PAGES 58 & 58 OF THE PUBLIC RECORDS OF COLLIER, COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS', BEGIN AT THE SOUTHWEST CORNER OF "SUMMERPLACE", A CONDOMINIUM AS RECORDED IN OFFICIAL RECORD BOOK 873, PAGE 79, OF THE PUBLIC RECORDS OF COLLIER COUNTY; THENCE NORTH 0 DEGREES 38 MINUTES 54 SECONDS WEST ALONG THE WEST LINE OF SAID BLOCK 2 A DISTANCE OF 258.27 FEET; THENCE SOUTH 89 DEGREES 21 MINUTES 06 SECONDS WEST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 0 DEGREES 38 MINUTES 54 SECONDS EAST ALONG A LINE LYING 30 FEET WEST, AS MEASURED PERPENDICULAR TO, SAID EAST LINE OF BLOCK 2 -.----- A DISTANCE OF 313.27 FEET; THENCE NORTH 89 DEGREES 2 ! MINUTES 06 SECONDS EAST, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 38 MINUTES 54 SECONDS WEST ALONG THE EAST LINE OF SAID BLOCK 2 A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.216 ACRE (9,398 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SA1D BLOCK 2 BEING NORTH 00 DEGREES 38 MINUTES 34 SECONDS WEST. PARCEL SUM. 2 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX JAN ,.%301 E TAMIAMI TRAIL NAPLES~ FLORIDA 3411 DRAWN BY: CHECKED Bf: SCALE: . DATE; FILE NO,: ' ' SHEET .':' ) [----~=_ OFFICE OF CAPITAL PROJECTS ,5301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54-112 (94-1) 774-8192 SKETCH OF DESCRIPTION HICKORY ROAD ~ R=5960" T i -- (PREVIOUSLY : I ~- 4 ACQUIRED) 0 , , / ~ ,~ N.89'21 '26"E. PELICAN RIDGE GENERAL NOTES 1) P.D.C. indicetes Point oF Commencement ~) P.B.B. Indicates Poin~ oF Beginning - 3) Sec, Indicates Section ! E X H'I B I T ] 4) Twp, Indicates Township -- A 5) Rge. indicates Ronge ' -- 6) R/~ Indica~es RIght-oF-way e~ ~ ~& L 7) All dlstgnces ope tn 'Fee% and decimals theneoF 8) B~sIs oF beepings is ~he NoPth line oF Block ~ being N.00'38'34'~. 9) Not valid unless signed and seeled with the embossed sed oF the pcoFessiond I~nd sucveyoc ,,, _ NO'~ /~ THIS IS ONLY A SKETCH JAN 2 ~ ISSJ D~ BY: CHECKED B~; S~E: DAE: FILE NO.: ~_~ NBT TD SHEET ~. SCALE 05-21-97 V~R-O~ ~ . _:~_, EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HUMISTON & MOORE ENGINEERS FOR WORK ASSOCIATED WITH THE BIG MARCO AND CAPRI PASS INLET MANAGEMENT PLAN. OBJECTIVE: To obtain approval of an Amendment to the Professional Services Agreement with Humiston & Moore Engineers to provide monitoring services required by permit conditions for the Marco Island T-Groin Construction project. CONSIDERATION: On May 17, 1994, the Board of County Commissioners approved a Professional Services Agreement with Humiston & Moore Engineers to perform the Big Marco and Capri Pass Inlet Management Study. Amendment No. 2 to said Agreement authorized additional services related to T-Groin Construction on Hideaway Beach. Construction has been completed and it is now necessary to continue the services to monitor the performance of the structures as required by special conditions in the permits issued by the Florida Department of Environmental Protection. The information and data provided by these services will be used to evaluate the performance of these temporary structures and provide a basis for the design and application for permitting of permanent structures. The attached Amendment has been prepared to provide authorization for the required monitoring services during 1999. This proposal has been reviewed and recommended for approval by the Beach Renourishment/Maintenance Committee and the Tourist Development Council. FISCAL IMPACT: Cost: $127,425.00 to be obligated in the budget for FY 98/99. Fund: (195) Tourist Development - 60% Cost Center: (110406) Beach Renourishment and Pass Maintenance - Category A Project Number: (80221) Big Marco/Capri Pass Inlet Management Appropriation of funds for this purpose was approved by the Beach Renourishment/maintenance Committee on October 8, 1998, the Tourist Development Council on October 19, 1998 and the Board of County commissioners on December 15, 1998, Agend~ Item 16(B)(7). GROWTH MANAGEMENT IMPACT: None. JAN 2 6 1999 PC,. ,/ ~ .--- Executive Summary Big Marco & Capri Pass Inlet Page 2 RECOMMENDATION: That the Board of County Commissioners approve the attached Amendment No. 4 to the Professional Services Agreement with Humiston & Moore Engineers for the Big Marco & Capri Pass Inlet Management Plan and authorize the Chairman to execute the Amendment. SUBMITTED BY: ~/~./L.~ DATE: tz./~5'. Harry Huber, Project Manager III Public Works Engineering Department REVIEWED BY: e~ff Bibby' P.E., Director DATE: Public Works Engineering Department Ed Ilschn~rr, Administrator Public Works Division Attachment cc: Beach Renourishment/Maintenance Committee Humiston & Moore Engineers JAN 2 6 1999 AMENDMENT NO. 4 CAPRI PASS AND BIG MARCO PASS INLET MANAGEMENT PLAN PROFESSIONAL SERVICES AGREEMENT THIS 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 (hereinafter referred to as the "OWNER") and Humiston & Moore Engineers, a Florida corporation, authorized to do business in the State of Florida, whose business address is 10661 Airport Road North, Suite 14, Naples, Florida 34109 (Hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional engineering and surveying services of the CONSULTANT concerning certain monitoring services for the Capri Pass and Big Marco Pass Inlet Management Plan (hereinafter referred to as the "Project"), said services being more fully described in Exhibit A attached hereto; and WHEREAS, on May 17, 1994 the Board of County Commissioners approved a Professional Services Agreement with the CONSULTANT to perform design services for the Project; and WHEREAS, the CONSULTANT has submitted a proposal for provision of monitoring services during 1999; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the Capri Pass and Big Marco Pass Inlet Management Plan Professional Services Agreement entered into on May 17, 1994 (hereinafter also referred to as the "Agreement") is hereby amended as follows: 1. Schedule B, Attachments B and C of the Agreement dated May 17, 1994, is hereby amended and revised as set forth in Exhibit "A" attached hereto. Said Exhibit "A" is the December 15, 1998, letter from Humiston & Moore Engineers to Project Manager Harry Huber re: "Proposal for_ JAN 2 6 1999 2. Article Five of the Agreement is hereby amended as follows: Compensation by the OWNER for services rendered hereunder by CONSULTANT shall not exceed an aggregate amount of $127,425.00 provided in Exhibit "A" attached hereto without an appropriate change order or amendment to this Agreement. 3. Other than the changes/additions indicated in this Amendment, all provisions of the original contract are in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment to the Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A By: POLITICAL SUBDIVISION OF THE STATE Clerk OF FLORIDA By: Pamela S. Mac'Kie, Chairwoman Approved as to form and legal sufficiency: County Attorney Humiston &Moore Engineers By: ~ Kenneth K. Humiston, P.E. President Typed or printed name Witness~J'~ (CORPORATE SEAL) Typed or printed name AMENDMENT#4.HEH.Ih JAN 2 2 PG.,/-~ EXHIBIT "A" HUMISTON & MOORE ENGINEERS COASTAL 10661 AhRPORT ROAD N, SUFFE 14 NAPES, FLORIDA 34109 ENGINEERING DESIGN FAX 94I 594 2025 AND PERMITTING PHONE 941 594 2021 December 15, 1998 Hand Delivered Mr. Harry Huber, P.E. Office of Capital Projects Management 3301 E. Tamiami Trail Naples, FL 34112 Re: Revised Proposal for Monitoring of the T-Groin Project Performance - 1999 HM File No. 8-002a Dear Harry, In response to our last meeting on June 29, 1998, our presentation on Marco Island on July 7, 1998, and your meeting with Ken Humiston last week, we are providing you with this updated proposal for the continued monitoring of the T-groins and comprehensive monitoring of the Hideaway Beach shoreline as you have requested. This proposal supersedes our last proposal dated August 13, 1998. Specifically, we are providing you with 'this proposal for the second year's monitoring under a five year monitoring program of the performance of the Marco Island T-Groin Project, as required by DEP to satisfy the monitoring requirements of the temporary installation. Consistent with our initial proposal, this proposal is for the second year of monitoring, renewable on an annual basis in accordance with fee schedules current at the time of renewal. Monitoring requirements were negotiated between the DEP Bureau of Beaches and Coastal Systems, the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. We plan to use Sea Systems Corporation (SSC) to collect the hydrographic profile data. Agnoli Barber and Brundage (ABB) will remain available to conduct monument recovery, emergency post storm profiling and upland beach profile surveying as needed. As part of the post construction survey completed last year, additional stationing and monumentation was included near Collier Bay. At the request of the Marco Island Beach Advisory Committee this past July, and your subsequent meeting with Ken Humiston, we have included additional survey coverage of the entrance to Collier Bay consisting of a total of 32 profiles. Scope of Work Task A: Surveys are required for post construction, 3-months, 6-months and thereafter at 6-month intervals for 5 years, comprising a total of 11 surveys. These surveys beginning with the post construction survey will be referred to as the comprehensive surveys. These surveys will incorporate both the monitoring of the T-groins, the Hideaway Beach element of the Marco Island Beach Restoration project monitoring, and 11 additional nrofile lines Page 1 of 3 JAN 2 6 1999 EXHIBIT "A" -'-'- along the entrance to Collier Bay. The full scope of work consists of surveying a total of 49 beach profiles and 32 additional profile lines in Collier Bay. Please refer to the enclosed diagram for the survey layout. Task B: Compaction monitoring is required each year and the results must be provided to DEP prior to April 1 of each year. The results will be coordinated with Collier County OCPM and DEP to determine the need for any additional tilling each year. Task C: Monitoring reports and project performance assessments are required annually, The costs associated with the surveys and reports are listed below by year: (Task) Description Cost Annual Cost (A): Comprehensive surveys (2) $46,940 (B): Compaction Testing for Report 2,105 (C): Report &Analysis 11,970 Subtotal for 1999: $61,015 In addition to the items above, we propose to add Task D, the collection of post storm survey data. We propose to allow for two surveys to consist of the same survey as Task A, the results of which would be incorporated in a subsequent report. Such task will only be done upon written direction from the Collier County Office of Capital Projects Management, ---- Task D: Post storm surveys upon direction from the OCPM $46,940 Additional report analysis following collection of post storm data $11,970 Total for Task D $58,910 Task E is additional services, to be provided on a time and materials basis, to coordinate any necessary changes, report interpretations, project adjustments, meetings with County staff or representatives of Hideaway Beach regarding performance of the structures, or any other tasks required by the county which are not specifically included in Tasks A through D. A budget of $7,500 is recommended for this task. Should additional services requested by the county exceed this budget, a contract amendment to perform for such services will be submitted to Collier County for approval prior to conducting those services. All invoices related to this Task E will be itemized in accordance with the attached fee schedule dated January 1, 1998. The fee schedule is subject to adjustment during the period of this contract. Engineering services as referenced will be provided in accordance with the general conditions enclosed as part of this proposal. Total: Basic and Additional Services (Tasks A through E) $127,425 We propose to provide the services for tasks A and B above on a lump sum basis, billed on a monthly basis as percentage complete. Additional Services will be billed on a time and """ materials basis in accordance with the attached fee schedule, dated January 1, 1998, and Standard General Conditions dated August 22, 1996. HUMISTON & MOORE ENGINEERS · NAPLES. FLORIDA EXHIBIT "A" As a reminder, the permanent structure design will be based upon data collected during the ongoing monitoring. As required by DEP, the applications for the permanent installation cannot be filed until after three years of monitoring. Should you have any questions regarding this request, please give me a call. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Humiston, P.E. Enclosures Page3of3 JAN 2 6 1999 HUMISTON & MOORE ENGINEERS · NAPLES. FLORIDA PG.. .......7 EXHIBIT "A" ,--- TABLE 1: HIDEAWAY BEACH ANNUAL MONITORING SEPTEMBER 1997 TO 2002 PROFILE STATION LOCATION SURVEY OFFSHORE STATION NORTHING EASTING AZIMUTH DISTANCE 1 M-1 595775.9 254919.5 0° 2000' 2 M-2 595389.9 255005.8 270° 2000' 3 T-128 591169.6 253606.0 270° 2000' 4 -5+37 591262.1 253510.5 290° 400' seaward of MHW 5 -4+37 591356.1 253544,7 290° ' 400' seaward of MHW 6 -3+37 591450.1 253578.9 290° 400' seaward of MHW 7 -2+37 591544.0 253613.1 290° 400' seaward of MHW 8 ~1+37 (M-3) 591638.0 253647.3 317° 30' 31" 2000' 9 0+00 (H-1) 591730.1 253748.9 317° 30' 31" 400' seaward of MHW 10 1+30.5 591816.1 253847.1 317° 30' 31" 400' seaward of MHW 11 2+61 591902.1 253945.3 317° 30' 31" 400' seaward of MHW 12 3+91.5 591988.1 254043.4 317° 30' 31" 400' seaward of MHW 13 M-4 592043.3 254089.7 317° 30' 31" 2000' 14 5+22 (H-2) 592074.1 254141.6 317° 30' 31" 400' seaward of MHW 15 H-3 592400.9 254534.4 317° 30' 31" 2000' 16 M-5 592718.8 254827.1 317° 30' 31" 2000' 17 H-5 593069.8 255262.8 317° 30' 31" 2000' 18 M-6 593394.2 255564.5 317° 30' 31" 2000' ---- 19H-7 593872.5 255874.3 317° 30' 31" 2000' 20 M-7 593934.6 256154.4 317° 30' 31" 2000' 21 34+68.5 (H-8) 594298.8 256099.7 317° 30' 31" 2000' 22 37+06 594518.7 256220.4 317° 30' 31" 400' seaward of MHW 23 39+43.5 (H-9) 594738.5 256341.0 317° 30' 31" 2000' 24 40+63 594830.1 256419.6 317° 30' 31" 400' seaward of MHW 25 41 +83 594921.7 256498.2 317° 30' 31" 400' seaward of MHW 26 43+03 595013.3 256576.8 317° 30' 31" 400' seaward of MHW 27 44+31 (H-10) 595104.9 256665.4 317° 30' 31" 2000' 28 45+56 595197.4 256751.6 317° 30' 31" 400' seaward of MHW 29 46+89.5 595289.8 256847.8 317° 30' 31" 400' seaward of MHW 30 46+23 595382.2 256943.9 317° 30' 31" 400' seaward of MHW 31 49+56 595474.6 257040.1 317° 30' 31" 400' seaward of MHW 32 50+89.5 (H-11) 595567.1 257136.3 317° 30' 31" 2000' 33 53+39.5 595740.3 257316.6 317° 30' 31" 400' seaward of MHW 34 H-12 595893.8 257505.9 317° 30' 31" 2000' 35 H-13 596202.4 257891.9 317° 30' 31" 2000' 36 H-14 596457.8 258326.7 317° 30' 31" 2000' 37 H-15 596509.0 258948.7 317° 30' 31" 2000' 38 H-16 596502.8 259090.0 47° 30' 31" 2000' 39 C-1-3 200' OFFSET 200' OFFSET 47° 30' 31" 2000' 40 C-4 596502.8 259090.0 63° 47' 25" 500' "' 41 C~5-17 200' OFFSET 200' OFFSET 80° 03' 19" 500' 42 C-18 594551.9 259179,7 141° 30' 22" 500' JAN 2 6 1999 PGo EXHIBIT "A" TABLE 1 CONTINUED 43IC-19-32J200'OFFSETJ 200' OFFSET J141°30'22''I5oo'' JAN 2 6 1999 zoo ~ ¢~ ,,~ ~ ~ 'I~ , ~, G ,~ o~ o ~ ~ o ~ oo % oz ~ ~ ~0 <~ w ~ ;//. O o ~ ~ox NO. JAN 2 6 1999 EXHIBIT "A" :, '~ ,~ HUMISTON ~ MOORE ENGINEERS COASTAL 10661 AIRPORT ROAD N, SUITE 14 NAPLES, FLORIDA 34109 ENGINEERING DESIGN FAX: 94t 5c24 2025 AND PERMITTING PHONE: 94I 594 2021 FEE SCHEDULE Humiston & Moore Engineers January 1, 1998 Principal Engineer* ...........................................................$100.00/hr Senior Engineer* ...............................................................$75.00/hr Staff Engineer ..................................................................$65.00/hr Technician .......................................................................$55.00/hr Administrative Assistant ......................................................$45.00/hr Facsimile ..........................................................................$1.00/pg Copies (in house) ...............................................................$0.05/pg Mileage ............................................................................$0.31/mi Telephone ......................................................................No Charge * Registered Professional Engineer All out of pocket expenses not covered above will be billed as expenses and included with the monthly invoice. There will be a 10% markup on all expenses not specifically listed above as well as for any necessary subconsultants or laboratory fees. Invoicing will be provided on a monthly basis unless specified differently in the contract. Payments are due upon receipt of invoice. A late payment charge of 1.5% per month, calculated from the date of invoice, may be imposed on any unpaid balance which remains unpaid more than 30 days from the date of invoice. EXHIBIT "A" HUMISTON & MOORE ENGINEERS COASTAL 10661 AIRPORT ROAD N, SUFFE NAPLES, FLORIDA 34 ] 09 ENGINEERING DESIG",~ FAX 94I 5942025 AND PERM'TTING PHONE: 941 594 2021 HUMISTON & MOORE ENGINEERS Standard General Conditions for Professional Services Contracts August 22, 1996 The purpose of these standard General Conditions is to govern all services performed by Humiston & Moore Engineers. Payment for Services Humiston & Moore Engineers (ENGINEER) will bill Client (OWNER) monthly, on a time and materials basis, for services rendered. Payment of bills is due within thirty days of the invoice date. If the OWNER fails to make any payment due for services and expenses within thirty days, the amounts due shall include a late charge at the rate of 1.5% per month beginning on the thirtieth day after the date of the invoice, and in addition, after giving seven days written notice services under this agreement may be suspended until such time as full payment is made for amounts due. ENGINEER shall be entitled to collect reasonable fees and costs, including attorneys fees and interest, should it be required to obtain collection of any amount due under this agreement by court action or settlement without court action. Renegotiation of Fees ENGINEER reserves the right to renegotiate fees on an annual basis to reflect changes in price indices and pay scales applicable to the period when the services are rendered. Additional Services, Reimbursable Expenses, and Application Fees Additional Services not specifically included in the description of Basic Services will be provided at the cost of time and materials. Additional services may include any other services requested by OWNER, such as design and plan modifications, responding to requests of regulatory agencies, attendance at meetings and hearings, making presentations and time spent preparing for same. Reimbursable expenses associated with travel, copies, faxes, application fees, laboratory testing fees, etc., will be billed at cost plus 10%, with the exception of mileage which will be billed at the prevailing government rate, Application fees and impact fees, etc., are the responsibility of OWNER; if paid by ENGINEER such fees will be subject to the same markup as other reimbursable expenses. Project Delays The OWNER recognizes and agrees that various factors both within and without the control of ENGINEER can operate to delay the performance of the work, the issuance of permits and licenses, and the overall construction of the project. The OWNER agrees that it shall not be entitled to any claim for damages on account of hindrances or delays from any cause whatsoever including but not limited to: the production of contract documents; issuance of permits from any agency; beginning or completion of construction; or performance of any phase of work pursuant to this Agreement. HUMISTON & MOORE, Standard General Conditions, page 1 of 2 JAN 2 6 1999 EXHIBIT "A" Project Representation It is customary for ENGINEER's responsibilities to include services through the Bidding or Negotiation and Construction phases in order to interpret and clarify ENGINEER's documentation, to give OWNER some degree of assurance (but not a guarantee) that what CONTRACTOR produces is generally in accordance with the contract documents. If ENGINEER's responsibilities as identified elsewhere in this contract do not specifically include construction observation services, then OWNER shall indemnify and hold harmless ENGINEER from all claims, damages, loses and expenses including attorneys fees resulting from any interpretation, clarification, substitution acceptance, shop drawing or sample approval issued by OWNER or others. Limitation of Liability OWNER and ENGINEER agree that because of the risks, rewards and benefits of the project relative to the design professional's total fee for services, that the risks have been allocated such that. to the fullest extent permitted by law, ENGINEER's total liability to OWNER for any and all injuries, claims. losses, expenses, damages or claims arising out of this agreement from any cause or causes, shall not exceed the total amount of $10,000 or the amount of the fee charged for the specific services described, whichever is greater. Such causes include, but are not limited to, design professional's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Termination The obligation to provide further services under this Agreement may be terminated by either party upon thirty days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. OWNER's Responsibility OWNER will provide ENGINEER with all criteria and full information as to OWNER's requirements for the project. as well as all existing site surveys and other site information. Document Reuse All document prepared or furnished by ENGINEER pursuant to this Agreement are instruments of service in respect to the project and ENGINEER shall retain an ownership and property interest therein whether or not the project is completed. Such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the project or any other project without written verification or adaptation by ENGINEER. Any reuse without written verification or adaptation by ENGINEER will be at OWNER's sole risk, and OWNER shall indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses including attorneys' fees resulting therefrom. HUMISTON & MOORE, Standard General Conditions, page 2 of 2 AG DA I JAN 2 6 1999 HUMISTON & MOOF~E ENGINEERS · NAPLES, FLORIDA PG.~,~ /" EXECUTIVE SUMMARY AWARD A CONTRACT TO GULFCOAST COMMERCIAL ELECTRIC INC., TO CONSTRUCT MASTER PUMPING STATIONS MOTOR CONTROL RENOVATIONS, BID 98-2893, PROJECT 73044. OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water Sewer District, award a contract for the services of an electrical contractor to facilitate interior build-out of five existing wastewater Master Pumping Stations (MPS). CONSIDERATIONS: The Wastewater Collections Department plans to install additional pumps at five of the existing wastewater MPS. This contract will provide the electrical service including motor controls and starters, primary and backup power for these pumps. On January 6, 1999 sealed bids were opened for this project. Invitations to bid were sent to 67 contractors, 18 no bid responses were received, seven contractors purchased plans. Six bid packages were received and are tabled below: Bidder Amount Gulfcoast Commercial Electric, Inc. $ 302,000 ~- Gulf States, Inc. $ 311,300 E.B. Simrnonds Electrical, Inc $ 336, 184 Bentley Electric Co., Inc. $ 345,725 Best Electrical Construction, Inc. $ 361,000 Goff Communications, Inc. $ 478,500 The bid tabulations are attached, The design professional's estimated cost was $339,430. The lowest bid was from Gulfcoast Commercial Electric, Inc., in the amount of $302,000. The design professional has reviewed the qualifications of the low bidder and recommends the selection of Gulfcoast Commercial Electric, Inc., for this project. .,c~{'xFISCAL IMPACT: Funds are currently budgeted for this project in: Fund: 414, County Sewer Capital Projects. Cost Center: 263611, Combined Sewer Capital Projects. Project No.: 73044, Master Pumping Stations. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissions, as ex-officio the Governing Board of the Collier County Water Sewer District, award a contract to _. Gulfcoast Commercial Electric Inc., in the amount of $302,000 per Bid 98-2893. NO. ~.~o~ JAN 2 d 1999 _ L,pra. I Executive Summary Award Bid 98-2893 Page 2 Alicia Abbott, PWED Project Manager II irector Stephen Y. Carfr~ll, Purchasing Director REVIEWED BY~~~~~I~ DATE:../-,;3 -e2q Ed II~cl'u~'er, Public Works Administrator AA/aa JAN 2 6 1999 EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HUMISTON & MOORE ENGINEERS FOR THE MARCO ISLAND SEGMENTED BREAKWATER PROJECT. OBJECTIVE: To obtain approval of an Amendment to the Professional Services Agreement with Humiston & Moore 'Engineers to provide post-construction monitoring services for the Marco Island Segmented Breakwater project. CONSIDERATIONS: On December 20, 1994, the Board of County Commissioners approved a Professional Services Agreement with Humiston & Moore Engineers to perform professional services related to the design, permitting and construction of a segmented breakwater system for the Marco Island Beach Restoration Project. Construction of the Segmented Breakwater System has been completed and it is now necessary to monitor the performance of same consistent with the program required by the state following completion of the Marco Island Beach Restoration Project. Results of the monitoring will be presented in report form to the permitting agencies and the Beach Renourishment/Maintenance Committee for review and recommendations as to future activities necessary to maintain the integrity of the segmented breakwater system. The attached Amendment to the Professional Services Agreement has been prepared to provide authorization for the proposed monitoring services during 1998/1999. This proposal has been reviewed and recommended for approval by the Beach Renourishment/Maintenance Committee and the Tourist Development Council. ~'FISCAL IMPACT: Cost: $23,900; to be obligated in the budget for FY 98/99. Fund: (195) Tourist Development - 60% Cost Center: (110406)Beach Renourishment & Pass Maintenance-Category A Project Number: (80218) Marco Island Beach Maintenance Appropriation of funds for this purpose was approved by the Beach Renourishment/Maintenance Committee on October 8, 1998, the Tourist Development Council on October 19, 1998, and the Board of County Commissioners on December 15, 1998, Agenda Item 16(B)(7). GROWTH MANAGEMENT IMPACT: None Executive Summary Amendment No. 2 Page 2 RECOMMENDATION: That the BOard of County Commissioners approve the attached Amendment No. 2 to the Professional Services Agreement with Humiston & Moore Engineers for the Marco Island Beach Restoration Project and authorize the Chairman to execute the Amendment. SUBMITTED BY: ~fi~~~/~ DATE:/Z. ~c. 9 ~f Harold E. Huber, Project Manager III Public Works Engineering Department REVIEWED BY e~ff Bibby, P.E., 'irector : f "'~//~~ DATE: Public Works Engineering Department APPROVED B~~~~-'~ DATE: Ed Ilschner, Administrator Public Works Division Attachments cc: Beach Renourishment/Maintenance Committee Humiston & Moore Engineers AN 2 1999 AMENDMENT NO. 2 MARCO ISLAND BEACH RESTORATION PROFESSIONAL SERVICES AGREEMENT THIS 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 (hereinafter referred to as the "OWNER") and Humiston & Moore Engineers, a Florida corporation, authorized to do business in the State of Florida, whose business address is 10661 Airport Road North, Suite 14, Naple~s, Florida 34109 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional engineering and surveying services of the CONSULTANT concerning certain monitoring services for the Marco Island Beach Restoration Project (herein after referred to as the "Project"), said services being more fully described in Exhibit "A" attached hereto~ and WHEREAS, on December 20, 1994, the Board of County Commissioners approved a Professional Services Agreement with the CONSULTANT to perform professional services related to the design, permitting and construction of a segmented breakwater system for the Project; and WHEREAS, the CONSULTANT has submitted a proposal for provision of monitoring services during 1998/1 999~ and WHEREAS, the CONSULTANT represents that it has expertise in the type of professionals services that will be required for the Project, NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the Marco Island Beach Renourishment Professional Services Agreement entered into on December 20, 1994 (hereinafter also referred to as the "Agreement") is hereby amended as follows: 1. Schedule B, Attachments B and C of the Agreement dated December 20, 1994, is hereby amended and revised as set forth in Exhibit "A" attached hereto. Said Exhibit "A" is the December 8, 1998 letter from Humiston & Moore Engineers to Project Manager Harry Huber re: "Revised Proposal for the 1998/1999 Monitoring of the Marco Island Breakwater Project Performance". JAN 2 6 1999 2. Article Five of the Agreement is hereby amended as follows: Compensation by the OWNER for services rendered hereunder by CONSULTANT shall not exceed an aggregate amount of $23,900.00 as provided in Exhibit "A' attached hereto without an appropriate change order or amendment to this Agreement. 3. Other than the changes/additions indicated in this Amendment, all provisions of the original contract are in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment to the Agreement the day and year first written above. ATTEST BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A By: POLITICAL SUBDIVISION OF THE Clerk STATE OF FLORIDA By: Pamela S. Mac'Kie, Chairwoman Approved as to form and legal sufficiency: County Attorney ~) Humiston &Moore Engineers By: ~ Witness Kenneth K. Humiston, P.E. President Typed or printed name (CORPORATE SEAL) Typed or printed name AMENDMENT#2.1tEH.Ih JAN 2 6 1999 2 EXHIBIT "A" HUMISTON &. MOORE ENGINEERS COASTAL 10661 ,NRPORT RO/~)N, SUFFE 14 NAPES, FLORIDA 34109 ENGINEERING DESIGN FAX: 941 594 2025 AND PERMITTING PHONE: 941 594 2021 December 8, 1998 Mr. Harry Huber, P.E. Office of Gapital Projects Management 3301 E. Tamiemi Trail Naples, FL 34112 Re: Revised Proposal for the 199811999 Monitoring of the Marco Island Breakwater Project Performance, H&M File No. 6053 Dear Harry: As a follow up to our meeting on September 2, 1998, we are providing this proposal, for ongoing monitoring of the referenced project. The overall scope of work includes monitoring for e period of five years, which is consistent with the program required by the state following completion of the Marco Island Beech Restoration Project. This proposal is for the second year of monitoring, analysis, and report preparation using data in part to be collected by others during the fell 1998 Marco Island Beach monitoring, end provided to Humiston & Moore Engineers by Gollier Gounty. As we discussed, this contract will be renewable on en annual basis in accordance with fee schedules current at the time of renewal. SCOPE OF WORK A. Beach Monitoring Analysis of beach profiles out to wading depth at nine locations at approximately 100 foot intervals from the south groin to the north end of the seawall at Cape Marco as shown on the attached figure, and analysis of the data for incorporation in the subsequent annual monitoring report. Estimated cost per monitoring event $ 5,380.00 B. Beach and Hydrographic Monitoring Analysis of beach profiles as described above plus hydrographic surveys of the nearshore region around the breakwater segments, the inlet shoals, and portion of the channel as shown on the attached figure. Analysis of the data, comparison with previous surveys, and preparation of an annual report with graphic iljustrations and discussion of results. Estimated cost per monitoring event $11,020.00 Page I of 2 ~ JAN 2 6'1999 EXHIBIT "A" C. Additional Services and Contingency To include but not limited to meetings, presentations, administrative assistance, and agency coordination as may be requested by the Owner. Estimated cost - $ 7,500.00 We propose to provide the services for tasks A and B above on a lump sum basis, billed on a monthly basis as percentage complete, Five copies of a monitoring report will be provided within 90 days of receipt of the hydrographic survey data from Collier County. Task C, Additional Services, will be billed on a time and materials basis in accordance with the attached fee schedule. Attached is a copy of our current fee schedule and Standard General Conditions, dated January 1, 1998. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Humiston, P.E. AGC~ID' I [ JAN 2 6 1999 HUMISTON & MOORE ENGINEERS · NAPLES. FLORIDA EXHIBIT "A" ~ """ ......., ....o.,,,o,,o.,,,,,.,.,~.,, .......... .............................. . ..........~ ..................... B}~ ~ ,.-..L .? ................................................................._ ~ ~ ~..i.~....'''~ .................................................... ::::.i':::::::: :::::::::::::::::::::::::::::::::::::::: ~ ~ ~ ~ ~ ,,,,,..,,,,,,,,,,,,.,..,,,,,,,,,,,,., .........,,.,,,,,,,, { ~~ "' ...........,,,.,,.,..,.,.,,,..,,.,,,..,.., .........,,...,,,,., ~ ~i~i~ ,,...,.,,. .........,,,,,,,.,o,,,,,,.,,,.,,,,,,,.,, ......, .....,,. ~ ~h~~ """""" ...... .,.,,,,,,...,,..,....,.....,, ...... ........,,,.~ ,.,.,,,,,.,,,,,,,,,,,,,o,,,,,,,,,,,,,,,,,,,.,,,,,,,.,,,.,,,,,,,,, p J A N 2 6 {999 PG- EXHIBIT "A" HUMISTON ENGINF IiRS COASTAL 10661 AIRPORT ROAD N, SUITE 14 NAPES, FLORIDA 34109 ENGINEER;I;'5 5:,E:,~G~ FAX: 94; 594 2025 m AND PEP, M~T',!:'3 PHONE: 941 5~'I 2021 FEE SCHEDULE Hurniston & Moore Engineers January 1, 1998 Principal Engineer* ...........................................................$100.00/hr Senior Engineer* ...............................................................$75.00/hr Staff Engineer ..................................................................$65.00/hr Technician .......................................................................S55.00/hr Administrative Assistant ......................................................$45.00/hr Facsimile ..........................................................................$1.00/pg Copies (in house) ...............................................................$0.05/pg Mileage ............................................................................$0.31/mi Telephone ......................................................................No Charge * Registered Professional Engineer All out of pocket expenses not covered above will be billed as expenses and included with the monthly invoice. There will be a 10% markup on all expenses not specifically listed above as well as for any necessary subconsultants or laboratory fees. Invoicing will be provided on a monthly basis unless specified differently in the contract. Payments are due upon receipt of invoice. A late payment charge of 1.5% per month, calculated from the date of invoice, may be imposed on any unpaid balance which remains unpaid more than 30 days from the date of invoice. EXHIBIT "A" e.e MOORE ENGINEERS COASTAL f066l AJRPORTROADN. SUFTE }4 NAPES. FLORIDA 34109 ENGINEER',N~5 3E.Z!GI; FAX: 941 594 2025 A N D P E R I..4 IT ' ', '2 PHONE: 94 ! 59,1 202 ! HUMISTON & MOORE ENGINEERS Standard General Conditions for Professional Services Contracts August 22, 1996 The purpose of these standard General Conditions is to govern all services performed by Humiston & Moore Engineers. Payment for Services Humiston & Moore Engineers (ENGINEER) will bill Client (OWNER) monthly, on a time and materials basis, for services rendered. Payment of bills is due within thirty days of the invoice date. If the OWNER fails to make any payment due for services and expenses within thirty days, the amounts due shall include a late charge at the rate of 1.5% per month beginning on the thirtieth day after the date of the invoice, and in addition, after giving seven days written notice services under this agreement may be suspended until such time as full payment is made for amounts due. ENGINEER shall be entitled to collect reasonable fees and costs. including attorneys fees and interest, should it be required to obtain collection of any amount due under this agreement by court action or settlement without court action. Renegotiation of Fees ENGINEER reserves the right to renegotiate fees On an annual basis to reflect changes in price indices and pay scales applicable to the period when the seNices are rendered. Additional Services, Reimbursable Expenses, and Application Fees Additional Services not specifically included in the description of Basic Services will be provided at the cost of time and materials. Additional services may include any other services requested by OWNER, such as design and plan modifications, responding to requests of regulatory agencies, attendance at meetings and hearings, making presentations and time spent preparing for same. Reimbursable expenses associated with travel, copies, faxes, application fees, laboratory testing fees, etc., will be billed at cost plus 10%, with the exception of mileage which will be billed at the prevailing government rate. Application fees and impact fees, etc., are the responsibility of OWNER; if paid by ENGINEER such fees will be subject to the same markup as other reimbursable expenses. Project Delays The OWNER recognizes and agrees that various factors both within and without the control of ENGINEER can operate to delay the performance of the work, the issuance of permits and licenses, and the overall construction of the project. The OWNER agrees that it shall not be entitled to any claim for damages on account of hindrances or delays from any cause whatsoever including but not limited to: the production of contract documents; issuance of permits from any agency; beginning or completion of construction; or performance of any phase of work pursuant to this Agreement. HUMISTON & MOORE, Standard General Conditions, page 1 of 2 A OA JAN2 6 1999 EXHIBIT "A" Project Representation It is customary for ENGINEER's responsibilities to include services through the Bidding or Negotiation and Construction phases in order to interpret and clarify ENGINEER's documentation, to give OWNER some degree of assurance (but not a guarantee) that what CONTRACTOR produces is generally in accordance with the contract documents. If ENGINEER's responsibilities as identified elsewhere in this contract do not specifically include construction observation services, then OWNER shall indemnify and hold harmless ENGINEER from all claims, damages, loses and expenses including attorneys fees resulting from any interpretation, clarification, substitution acceptance, shop drawing or sample approval issued by OWNER or others. Limitation of Liability OWNER and ENGINEER agree that because of the risks, rewards and benefits of the project relative to the design professional's total fee for services, that the risks have been allocated such that, to the fullest extent permitted by law, ENGINEER's total liability to OWNER for any and all injuries, claims, losses, expenses, damages or claims arising out of this agreement from any cause or causes, shall not exceed the total amount of $10,000 or the amount of the fee charged for the specific services described, whichever is greater. Such causes include, but are not limited to, design professional's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Termination The obligation to provide further services under this Agreement may be terminated by either party upon thirty days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. OWNER's Responsibility OWNER will provide ENGINEER with all cnteria and full information as to OWNER's requirements for the project, as well as all existing site surveys and other site information. Document Reuse All document prepared or furnished by ENGINEER pursuant to this Agreement are instruments of service in respect to the project and ENGINEER shall retain an ownership and property interest therein whether or not the project is completed. Such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the project or any other project without written verification or adaptation by ENGINEER. Any reuse without written verification or adaptation by ENGINEER will be at OWNER's sole risk, and OWNER shall indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses including attorneys' fees resulting therefrom. HUMISTON & MOORE, Standard General Conditions, page 2 of 2 JAN 2 6 1999 HUMISION & MOORE ENGINEERS - NAPLES. FLORIDA EXECUTIVE SUMMARY TO APPROVE THE TRANSFER OF PROPERTY FROM COLLIER COUNTY TO THE STATE OF FLORIDA TO SATISFY THE REQUIREMENTS OF PERMIT # 11-00368-S. OBJECTIVE: Recommendation to approve the transfer of property known as the Meli Property owned by Collier County to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to satisfy the requirements of Permit #11-000368-S (Naples Sanitary Landfill). CONSIDERATION: On April 1, 1997, the Board of County Commissioners approved a Real Estate Purchase Option Agreement ("Option Agreement") to purchase the Meli Property in order to satisfy South Florida Water Management District's permit requirement for the Naples Landfill. On June 24, 1997, the Board of County Commissioners approved the purchase of the 66.3 acre property known as the Meli Property for $200,000.00. A Warranty Deed was recorded on September 5, 1997 in Official Records Book 2344, Page 542 et seq granting the subject property to Collier County. To fulfill the remaining pennit requirements, Collier County is required to transfer the property to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. .. The State of Florida has approved the transfer of property from Collier County and has provided the necessary documents. A copy of the County Deed and Closing Statement is attached hereto and made apart of this Executive Summary. The County Attorney's Office has reviewed and approved the documents for the transfer of the subject property. FISCAL IMPACT: Cost for the transfer of property will include: Recertification of survey map $1,000.00 Title Policy $1,066.50 - mandated by the State Recording fees $ 15.00 - mandated by the State Total Cost $2,081.50 Funds are currently available in Solid Waste Fund (470), Solid Waste Administration (173410) budget. GROWTH MANAGEMENT IMPACT: None. JAN 2 6 1999 RECOMMENDATION: That the Board of County Commissioners: 1) approve the transfer of property to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida; 2) authorize staff to obtain the Chairman's execution on the original County Deed and Closing Statement when presented; 4) authorize the Chairman to execute any document necessary to record and transfer property to the State of Florida; and 5) authorize staff to proceed with proper closing and recording procedures for the subject Property. ' "/' DATE PREPARED BY: . .z: -".' ~. ~ _- -. " Wfima Iverson, Senior Property Specialist Real Property Management Department David W. Russell, Director Solid Waste Management Department APPROVED BY: _ _ DATE Ed IlsChner, Administrator Public Works Division JAN 2 6 lgc2g PC,, "~ This Instrument Prepared By and Please Return To: Guardian Title Services, Inc. 1802 Broadway Fort Myers, Florida 33901 COUNTY DEED (STATUTORY FORM - SECTION 125.411, F.S.) THIS INDENTURE, made this __ day of , A.D. 1998, between Collier County, a political subdivision of the State of Florida, whose address is 3301 Tamiami Trail East, Naples, Florida 34112, of the County of Collier in the State of Florida, party of the first part, and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, whose post office address is c/o Florida Department of Environmental Protection, Division of State Lands, 3900 Commonwealth Boulevm-d, Mail Station 115, Tallahassee, FL 32399-3000, party of the second part, (Wherever used herein the terms "party of the first part" and "party of the second part" include all the parties to this instrument and their heirs, legal representatives, successors and assigns. "Party of the first part' and "party of the second part" are used for singular and plural, as the context requires and the use of any gender shall inclu~le all genders.) WITNESSETH: That the said party of the tint park, for and in consideration of the sum often Dollars, to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the said parry of the second part, its successors and assigns forever, the following described land situate, lying and being in Collier, County, Florida, to-wit: See Exhibit "A" artached hereto and by reference made a part hereof, together with all riparian and linoral rights appertaining thereto, and all interests in subsurface oil, g~s and minerals pursuant to 270.11(3), F.S. Acceptance of Transfer of Title to Donated Lands artached hereto as Exhibit "B" and by reference made a part hereof. Property Appraiser's Parcel Identification Number: 00736440002 IN WITNESS WHEREOF the said pa:~7 of the first pan has caused these presents to be executed in its name by its Board of County Commissioners acting by the chair or Vice Chair of said board, the day and year aforesaid. Collier County a political subdivision of the State of Florida BY: Pamela S. MacK~e, Chairman Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Attest: Dwight E. Brock, Deputy Clerk (Official Seal) EXHIBIT "A" / That portion of the North-half (N 1/2), lying North of U.S. 41 (Tamiami Trail), Section 11, Township 51 South, Range 26 East, Collier County, Florida. Meli Paxccl Collier County d A N 2 6 1999 PG. EXHIBIT "B" ACCEPTANCE OF TRANSFER OF TITLE TO DONATED LANDS Board of Trustees of the Internal Improvement Trust Fund of the State of Florida hereby accepts this conveyance as a transfer of title of the real property as described in this Deed. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SIGNATURE OF F~RST WITNESS) BY: e LANDS, DEPARTMENT OF ENVIRONMENTAL (PRINTED, TYPED OR STAMPED NA~IE OF PROTECTION, as agent for and on behalf FIRST WITNESS) of the Board of Trustees of the Internal Improvement Trust Fund ~M_J~;TM/4A~ of the State of Florida (SIGNATURE O~ SECOI~D WITNESS) /~c//~/e/~ne ~liPl~u, ev- ~ -/4- ~TED, TYPED OR STA~ED NA~IE OF Date Signed SECOND WITNESS) S~ATE OE FZ~'~/"/)~ ) COunTY OFIj~W' ) ) The foregoing insu'ument was ac~owledged before me this/t day of~ ,19c ~, ~ by Robe~ J. Lovem, Senior Management Analyst II, Division of State Lands, Depment of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally ~own to me. (NOTARY PUBLIC SEAL) Notary Public ~rimed, Typed, or Stamped Name of NotaD' Public) JAN 2 6 1999 ITEMIZED ACQUISITION COSTS PAID FROM DONEE'S PAID FROM DONOR'S FUNDS AT FUNDS AT SETI'LEMENT SETFLEMENT ITEMS TO BE PAID IN ADVANCE 1998 PROPERTY TAXES TITLE CtIARGES Settlement or Closing fee to: Abstract or Title search to: Title examination to: Title insurance binder to: Guardian Title $1,066.50 POC by Collier County Title Insurance to: Owner's Coverage $198300.00 GOVERNMENT RECORDING AND TRANSFER CHARGES Recording fees: Deed $ 15.00 to Clerk of Circuit Court POC by Collier County // · ADDITIONAL SEI~LEMENT CHARGES Survey to: SOUTHERN MAPPING TECHNOLOGY, INC. $4,500.00 POC BY COLLIER COUNTY Environmental site assessment to ERM-SOUTH. INC. $3,935,00 POC BY COLLIER COUNTY TOTAL ACQUISITION CItARGES Parties agree that no liability is assumed'by Settlement Agent for the accurancy of the information furnished by others as shov, n on the Donation Senlement Statement. Settlement Agent hereby expressly reserves the right to deposit any amounts collected for disbursement in an interest bea~ing account in a Federally insured institution and to credit any interest so earned to its own account as additional compensation for its services in this transaction. CER TIHCA TION 0 F D ONEE AND D ONO R I have carefully reviewed the Donation Settlement Starement and to the best of my knowledge and belief, it is a truc and accurate statement of all receipts and disbursements made on my account by me in this transaction. I further certify that 1 have received a copy of the Donation Scnlement Statement. BOARD OF TRUSTEES OF THE INTERNAL COLLIER COUNTY, A POLITICAL SUBDIVISION IMPROVEMENT TRUST FUND OF TIlE OF TIlE STATE OF FLORIDA STATE OF FLORIDA BY BY Paz~la S. MacKie, Chairman Collier County Board of County Commissioners AS TO PURCHASER: DATED: ATTEST: BY DWIGHT E. BRCCK, Clerk The foregoing statement is a tree and accurate account of this transaction. I have caused or will cause the funds to be disburseFLmlm aecoSance with this Settlement Agent Date . . I~,...] ~,..~'-[i.-'i-CC~ '~ T; ~' . .=i,~ .: ," "'~ ' NO.~ 1999 DONATION SETTLEMENT STATEMENT NAME AND ADDRESS OF DONEE NAME AND ADDRESS OF DONOR · BOARD OF TRUSTEES OF THE INTERNAL TRUST COLLIER COUNTY FUND OF THE STATE OF FLORIDA 3301 TAMIAMI TRAIL EAST 900 COMMONWEALTH BOULEVARD NAPLES, FLORIDA 34112 TALLAHASSEE. FLORIDA 32399-3000 MANAGING AGENCY: SETTLEMENT DATE: JUNE , 1998 PROPERTY LOCATION SETI'LEMENT AGENT: I 1-51-26 NORTH OF US 41 GUARDIAN TITLE FOLIA 00736440002 PLACE OF SETYLEMENT: 1802 BROADWAY FILE NUMBER: D7735OR FIRT MYERS, FLORIDA 39901 SUMMARY OF DONEE'S COSTS SUMMARY OF DONOR'S COSTS //119 VALUE ATYRIBUTED FOR DONATION PARCEL ] 98,300.00 VALUE AT'fPdBUTED FOR DONATION PARCEL 8,300.00 · GROSS ASSESSED VALUE 198,300.00 GROSS ASSESSED VALUE 198,300.00 AMOUNTS PAID BY OR IN BEHALF OF DONEE REDUCTIONS DONATED LANDS 198,300.00 DONATED LANDS 198,300.00 NO FUNDS EXCHANGED NO FUNDS EXCHANGED SETrLEMENT COSTS FROM ATTACHED PAGE TOTAL (DONATED ASSESSED VALUE) 193,300.00 TOTAL (DONATED ASSESSED VALUE PLUS 198,300.00 SETTLEMENT COSTS) GROSS AMOUNT ASSESSED 198,300.00 GROSS AMOUNT ASSESSED 198,300.00 CASH I ] TO [ ] FROM DONEE -0- CASH [ ] TO [ x ] FROM DONOR -0- EXECUTIVE SUMMARY RECOI~IMENDATION THAT THE BOARD OF COUNTY COSI1MISSIONERS AWARD BID #98-2901 FOR THE CLAM BAY TIDAL CREEK AND MAIN CHANNEL DREDGING TO ENERGY RESOURCES, INC. AND LUDLUM CONSTRUTION CO. , INC. AND APPROVE CHAIRWO/~IAN TO EXECUTE THE CONTRACT DOCUMENTS UPON ATTORNEY REVIEW. OBJECTIVE: To award Bid #98-2901 for Clam Bay Tidal Creek and Main Channel Dredging to Energy Resources, Inc. and Ludlum Construction Co. , Inc. and approve the chairwoman to execute the contract documents upon attorney review. CONSIDERATIONS: 1. On December 12, 1998 invitations to bid were sent to fifty one (51) contractors. The Bid opening was held on January 13,1999, seven ( 7 ) proposals were received. Staff has reviewed the proposals and finds the lowest Bidder for each project to be, Energy Resources, Inc. for Tidal Creek Dredging and Ludlum Construction Co. , Inc. for Main Channel Dredging. Proposals from these low Bidders meet all specifications of the Bid, therefore staff recommends that Bid #98-2901 be awarded to Energy Resources, Inc. for Tidal Creek Dredging and Ludlum Construction Co. ,lnc. for Main Channel Dredging. 2. Staff has submitted an application to receive Tourist Development Tax funds for the Clam Pass portion of the dredging that Tourist Development Tax funds had previously been used tbr. This submittal has been reviewed and approved by the Beach Committee and is going before the Tourist Development Council on January 25, 1999. Final approval of the TDC funds is expected to go before the Board of County Commissioners on February 9, 1999, provided the Tourist Development Council recommends the application. At that time staff will provide a revised fiscal impact for this Bid and related engineering costs to the Board. FISCAL lIMPACT: The fiscal impact for Bid #98-2901 is $495,770.00. Pelican Bay Serv'ices would fund 50% with Funds available in Fund 320, Cost Centers 183801 and 183802, the remaining 50% would be funded by WC1 Communities per the agreement approved by the Board of County Commissioners. GROWTit MANAGE/MENT II~!PACT: None RECON!/~IENDATION: That the Board of County Commissioners award Bid #98-2901 /" for the Clam Bay Tidal Creek and Main Channel Dredging to Energy Resources, Inc. and 9 1999 Ludlum Construction Co. , Inc. and approve the Chairwoman to execute the contract documents upon attorney review. ! PREPARED BY: //7~.-~ DATE: 5/',..,,' ./ ~Bes P. Ward Department Director ~VIE~D B Y: ~7 :.~2~ . ,' "2L. · '-4-~ ~:'" DATE: Steve Carnell APPRO~D _ DATE: I/7~/~ ~ Ed Ilschner Division Administrator r- ": = Ir--un r,-, ',~T _:' cc ac~ t-~ ~ D-- '-- :~:Q:,,r_. ~ ~ = .=_ -, . ..',: ._c ,- ~ .c - o =", !"'~ ,'5 ~ : C.~ ~ ~" - " m, ,,v O(j O~- -- i~ ~ I'~= '< " .- '-' .... It:.. [-.- '~ ._o ,--..._ ~ AG ENDA ?IT rn ,Lm.,, · ,,,-,,, 2 6 JAN 2 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 CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE FOUR-LANING IMPROVEMENTS FOR IMMOKALEE ROAD (C.R. 846) PROJECT BETWEEN 1-75 AND C.R. 951 CIE NO. 08. OBJECTIVE: To adopt a Resolution to acquire by gift, purchase or condemnation of fee simple title interests and/or non-exclusive, perpetual road right-of-way, sidewalk, utility, drainage, maintenance and temporary construction interests by easement required to complete the four-laning roadway improvements for Immokalee Road (C.R. 846) between 1-75 and C.R. 951, (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 Ordinance No, 97-62 for CIE No, 08. On September 16, 1997, the Board of County Commissioners adopted Resolution No. 97-356 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-laning roadway improvement of Immokalee Road between 1-75 and C.R. 951. 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 being more particularly described in Exhibit "A" of the attached Resolution. .~,~,.~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 are estimated at $1,135,077, and includes all land, improvements, and severance damage pay-outs as well as all overhead costs and expenses which may be incurred through condemnation and final judgment expenses for the non-exclusive, perpetual easements referenced in Exhibit "A", required to complete the four-laning roadway improvements for the Project. Page 2 ~ Immokalee Road Executive Summary Funds are available FY 9<~ in the amount of $1,135,077 in: Fund 331 - Road Impact Feed (District #1) Cost Center: 163650 - Road Impact Construction Project: 69101 - Immokalee Road Project GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan for CIE #08. RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Resolution authorizing the acquisition by gift, purchase or condemnation the fee simple title interests and/or non-exclusive, perpetual road right-of-way, sidewalk, utility, drainage, maintenance and temporary construction interests by easement required to complete the four-laning roadway improvements for Immokalee Road Project, between 1-75 and C.R. 951; and (2) Authorize the Chairman to execute the attached Resolution. PREPARED BY: ~-. ~ ~.~ ~- c ~ c ~.'~y--/ DATE: Wilma Iverson, Senior Specialist Real Property Management Department Micah K. Mass .~l/~/,Pro~c"(Manager Office of Capital'Projects Management ~VlEWED BY: ~ ~~~ DATE: ~ff Bibby, P. E., Director Public Works Engineering Department APPROVED BY :~__ DATE: Ed Ilschner, trator Public Works Division 1 RESOLUTION NO. 99- 2 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, 3 PURCHASE OR CONDEMNATION OF FEE SI/VEPLE TITLE INTERESTS 4 AND/OR NON-EXCLUSIVE, PERPETUAL ROAD RIGHT-OF-WAY, 5 SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY 6 CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF 7 THE FOUR-LANING ROADWAY IMPROVEMENTS FOR IMMOKALEE ROAD 8 (C.R. 846) PROJECT BETWEEN 1-75 AND C.R. 951, CIE NO. 08. 9 WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted Ordinance 10 No. 97-55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of the 11 Growth Management Plan in order to establish priorities for the design, acquisition and 12 construction of the various capital improvement projects. The Transportation Elen~ent of the 13 County's Comprehensive Plan was adopted in Ordinance No. 97-62; and 14 WHEREAS, the four-laning improvements to Immokalee Road between 1-75 and C.R. 951 is 15 one of the capital improvement projects required under lhe Transportation Elen tent of the 16 County's Comprehensive Plan; and 17 WHEREAS, the Board of County Commissioners, on September 16, 1997, ~dopted 18 Resolution No. 97-356 authorizing the County Staff to acquire by gift or purchase certain 19 easements and/or fee simple title to the property and property interests required and necessary 20 for the four-]aning roadway improvements of Immokalee Road between 1-75 and C.R. 951; and 21 WHEREAS, the location for construction of the proposed improvements has been fixed by 22 survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached 23 hereto and incorporated herein. 24 WHEREAS, after consideration of the availability of alternate routes and locations, the 25 comparative costs of project alternatives, various impacts upon the environment, long range 26 planning options, and public safety considerations, the Board desires to exercise its right to 27 condenm property for public purposes. 28 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 29 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by tl~' 30 Board that the construction of the four-laning roadway improvements for Immokalee Road , ,2 ;~. ~'~ , ~age 1 between 1-75 and C.R. 951, (hereinafter referred to as "the Project") is necessary and in the 2 public's best interest in order to protect the health, safety and welfare of the citizens of Collier 3 County. 4 AND IT IS FLIRTHER RESOLVED that construction of the Project is part of the County's 5 long range planning effort, and is included in the Transportation Element of the County's 6 Comprehensive Plan for Growth Management, as approved by the Florida Department of 7 Community Affairs. 8 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations 9 for the project, various impacts to the environmental, public safety and welfare considerations 10 associated with the design and construction of the project, and the costs associated with the 11 design, property rights acquisition, and construction of the project; and the Board finds that 12 after consideration of these issues, the most feasible location for construction of the proposed 13 improvements is collectively represented by the legal descriptions comprising Exhibit "A" 14 attached hereto and incorporated herein. ---- 15 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is 16 necessary for the Board to acquire the various real property interests described Exhibit "A" to 17 wit: fee simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, 18 slope, utility drainage, maintenance and temporary construction interests by easement. 19 AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 20 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to 21 immediately acquire by gift, purchase or condemnation in accordance with the provisions of 22 Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more 23 particularly described in Exhibit "A", attached hereto and incorporated herein. 24 AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought 25 to be acquired and therefore it will not be necessary to remove any mobile homes from the 26 property to be acquired. 27 This Resolution adopted on this __ day of ,1999, after motion, "" 28 second and majority vote. 29 Page 2 [ 1 BOARD OF COUNTY COMMISSIONERS 2 ATTEST: 3 DWIGHT E. BROCK, CLERK By: 4 BARBARA B. BERRY, CHAIRMAN 5 6 7 Approved as to form and 10 Heidi F. Ashton 11 Assistant County Attorney 12 13 14 PUBLIC WORKS ENGINEERING DEPARTMENT ,-,, 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 69101 PARCEL NOS...100 & 700. FOLIO NO..~.1.9.3.0.BS.0.QD.3 ...... Temporary Construction Easement IMMO~LEE ROAD (C.R.846) 100' R~W 492.8' 50'/r EXISTING R~W LINE 50' / 196.78' · DESCRIPTION (PARCEL 100) THE SOUTH FIFTEEN (15') FEET OF THE NORTH SIX~ FIVE (65') FEET OF THE EAST THIR~ FIVE (35') FEET OF T~CT 19 OF THE P~T THEREOF. GOLDEN GATE ESTATES. UNIT 97, AS RECORDED IN P~T BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNt. FLORIDA. CONTAINING 525 SQUARE FEET MORE OR LESS. DESCRIPTION (PARCEL 700) THE SOUTH TEN (10') FEET OF THE NORTH SIX~ (60') FEET OF THE WEST FOR~ FIVE (45') FEET OF THE EAST 241.78 FEET OF T~CT 19, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN P~T BOO~ 7 PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNt, FLORIDA. CONTAINING 450 SQUARE FEET MORE OR LESS. GENE~L NOTES 2) P,O.B. = POINT OF BEGINNING PREPARED BY ....... ~ ........................... DATE,..~ ............ 3) SEC, = SECTION GE R. RICHMOND 4) ~P, = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL REG, ~ 2~ 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) R~ = RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPL~ 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES. FLORIDA 34112 , PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 69101 PARCEL NO ................... 101 FOLIO NO..,.~I.1.93.Q920.Q02 ...... Fee Simple IMMOKALEE ROAD 100' R\W EXISTING R\W L.~~5~,,~.~ ~ 350.01' PARCEL 101 ..... ---. - -15' 300.0'1' TRACT 19 TRACT 20 DESCRIPTION (PARCEL 101) THE NORTH 81XTY FIVE (65') FEET OF THE WEST 252.96 FEET OF THE EAST 302.96 FEET AND THE SOUTH FIFTEEN (15} FEET OF THE NORTH SIXTY FIVE (65') FEET OF THE WEST 47.05 FEET OF TRACT 19, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 17,148 SQUARE FEET OR .394 ACRES MORE OR LESS. 2) P.O.B. = POINT OF BEGINNING PREPARED BY ................................................DATE ................... 3) SEC. = SECTION GE R. RICHMOND 4) ~P. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL. RE6. ~ 5) RGE. = ~NGE PUBLIC WORKS ENGINEERING DEPT. 6) R~ = RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECI~LS THEREOF 3~ EAST TAMIAMI TRAIL EMBOSSED SEAL OF A PROFESSIONAL ~ND SUR~YOR NAPLES, FLORIDA ~112 ~AWN BY ~E DATE FILE ~ NOTTOSCALE OCT. 14,1~8 101 SHEET 1 OF PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 "" (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO .......... 69101 PARCEL NO ............. 102 & 702 FOLIO NO..4~-9-3~.9~00-04 ........ IMMOKALEE ROAD (CR. 846) Fee Simple P,O.C. Temporary Cons,truction Easement 0 ~ pArCE~5~°'~ PARCEL [~ 225.01' 75' · -J ! P.O.B. o~ o: TRACT 21 v "' I LESS THE EAST 75' O DESCRIPTION PARCEL 102 THE NORTH 50 FEET OF THE EAST 225.01 FEET OF THE WEST 275.01 FEET OF TRACT 21, OF THE PLAT THEREOF, GOLDEN GATE ESTATES UNIT NO.97, AS RECORDED IN PLAT BOOK 7. PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 11,251 SQUARE FEET OR 0.258 ACRES MORE OR LESS. DESCRIPTION PARCEL 702 COMMENCE AT THE NORTHWEST CORNER OF TRACT 21 ,OF THE PLAT THEREOF, GOLDEN GATE ESTATES UNIT NO. 97,AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE EASTERLY ALONG THE NORTH LINE OF SAID TRACT 21 A DISTANCE OF 50 FEET; THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE OF CAKES BOULEVARD A DISTANCE OF 90 FEET TO THE POINT OF BEGINNING, THENCE NORTHERLY ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 40 FEET; THENCE EASTERLY ALONG A LINE LYING 50 FEET SOUTH, AS MEASURED PERPENDICULAR TO, SAID NORTH LINE OF TRACT 21, A DISTANCE OF 40 FEET; THENCE SOUTHWESTERLY A DISTANCE OF 56.57 FEET TO THE POINT OF BEGINNING. CONTAINING 800 SQUARE FEET OR 0.018 ACRES MORE OR LESS. GENERAL NOTES 1) P.o.c. = POINT OF COMMENCEMENT P.O.B. = POINT OF BEGINNING PREPARED BY ............. DATE./~ /,,.--- 4) ~P. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL REG. 5) RGE. = ~NGE PUBLIC WORKS ENGINEERING DEPT. 6) ~ = RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPL~ 7) ALL DISTANCES ARE IN FEET AND DECI~LS THEREOF ~1 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR NAPLES, FLORIDA NOT TO SCALE NO~MBER 2, 1998 IMR102 SHEET PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO .................. 69101 PARCEL NOS ....... 102A & 702A FOLIO NO..4.1..9..3.1.00.000.2 ........ Fee Simple Temporary Construction Easement IMMOKALEE ROAD (C.R. 846) 100' R\W // PARCEL 102A PARCEL 702A//40' EAST 75 FEET OF TRACT 21 DESCRIPTION (PARCEL 102A) THE NORTH FIFTY (50') FEET OF THE EAST 75 FEET OF TRACT 21, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 3750 SQUARE FEET MORE OR LESS. DESCRIPTION (PARCEL 702A) THE SOUTH TEN (10') FEET OF THE NORTH SIXTY (60') FEET OF THE EAST FORTY' (40') FEET OF THE EAST 75 FEET OF TRACT 21, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 400 SQUARE FEET MORE OR LESS. GENERAL NOTES 1) P.O,C. = POINT OF COMMENCEMENT 2) P.O,B. = POINT OF BEGINNING PREPARED B .............................. DATE.,../. ......... 3) SEC. -- SECTION RGE R. RICHMOND 4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 24O6 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) RAN = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112 DRAWN BY CHECKED B SCALE DATE I ' , ~_,,_,2_~oo~ SHEET 1 NOTTOSCALE OCT. 1~F ~ | +;~' F OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 (941) 774-8192 PROJECT NO, 6q I O] PROJECT PARCEL NO. lo3 TAX PARCEL NO. 419~1040004 LEGAL DESCRIPTION (NOT A SURVEY) fee simple title THE NORTH FIFTY (50') FEET OF TRACT 22 OF THE PLAT THEREOF, GOLDEN GATE ESTATES,UNIT 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE. PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. SAID TRACT CONTAINS 16500 SQUARE FEET OR .379 ACRES MORE OR LESS. PARCEL 103 DATE: ~ESS,ONAL b~ND SURV~OR//2,m6 '! j.,:: OFFICE OF CAPITAL PROJECTS · . COLLIER COUN~ GOVERNMENT COMPLEX 5~01 E TAMIAMI TRAIL NAPLES. FLORIDA ~4112 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO 69101 PROJECT PARCEL NO. 105 . TAX PARCEL NO. A~Q~qqgnnn7 .LEGAL DESCR pTON (NOT A SURVEY) fee simple title THE NORTH FIFTY (50') FEET OF TRACT 51 OF THE PLAT THEREOF, GOLDEN GATE ESTATES,UNIT 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. SAID TRACT CONTAINS 16500 SQUARE FEET OR .379 ACRES MORE OR LESS. PARCEL 105 EXHIBIT I DATE: OFFICE OF CAPITAL PROJECTS . . COLLIER COUN~ GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO. 6qlnl PROJECT PARCEL NO. 1N~ .. TAX PARCEL NO, z~q~z,~gnnn~ LEGAL DESCRIPTION [NOT A SURVEY) fee simple title THE NORTH FLFI'Y (50') FEET OF TRACT 70 OF THE PLAT THEREOF, GOLDEN GATE ESTATES,UNIT 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. SAID TRACT CONTAINS 16500 SQUARE FEET OR .379 ACRES MORE OR LESS. PARCEL 106 PO~FESSIGNAL LAND SURVEYOR//2406 OFFICE OF CAPITAL PROJECTS 3301 E TAMIAMI TRAIL NAPLES. FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 69101 PARCEL NOS ........ 109 & 709 FOLIO NO....4..1..9...3,.6...4..8...0..0...0,.9, ........ Fee Simple Temporary Construction Easement IMMOKALEE ROAD (C.R. 846) 100' R\W 330' EXISTING R\V~I LINE / PARCEL 109 140' PARCEL 70 TRACT 91 DESCRIPTION (PARCEL 109) THE NORTH FIFTY (50') FEET OF TRACT 91, OF THE PLAT THEREOF. GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 16,500 SQUARE FEET OR .379 ACRES MORE OR LESS. DESCRIPTION (PARCEL 709) THE SOUTH THIRTY (30') FEET OF THE NORTH 80 FEET OF THE EAST 140 FEET OF TRACT 91 OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 4200 SQUARE FEET OR .096 ACRES MORE OR LESS. GENERAL NOTES 'L-M'x ~ 8 i T 2) P.O.B. = POINT OF BEGINNING PREPARED ..... DATE ..... 3) SEC. = SECTION ~RGE R. RICHMOND 4) TWP, = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) RNV = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 ...... DRAWN BY tCHECKED BY, I SCALE I DATE I FILE NO NOT TO SCALE OCT. 16, 1998 IMR109 SHEET 1 OF 1 .., F:. /_,~ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 69101 PARCEL NOS..110 & 710 FOLIO NO...4.1.9.3.7.960.0.Q2 ........ Fee Simple Temporary Construction Easement IMMOKALEE ROAD (C.R. 846) 100' R\W ...... ~ ...... y 330' EXISTING R\V% LINE -- PARCEL 110 - PARCEL 710 4o' ""' TRACT 110 DESCRIPTION (PARCEL 110) THE NORTH FIFTY (50') FEET OF TRACT 110, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 16,500 SQUARE FEET OR .379 ACRES MORE OR LESS. DESCRIPTION (PARCEL 710) THE SOUTH 80 FEET OF THE NORTH 130 FEET OF THE EAST 40 FEET OF TRACT 110 OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 3200 SQUARE FEET OR .073 ACRES MORE OR LESS, GENERAL NOTES ~ 1) P.O.C. = POINT OF COMMENCEMENT ~ ~ = ....... ATE//~;PREPARED BY P.O.B. POINT OF BEGINNING .............................. 4) TWP. = TOWNSHIP PROFESSIONAL ~ND 8URVEYOR-FL. REG. ~ 24~ 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) R~ = RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3~ EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 3~112 EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR ' D~WN BY CH~D BY I ~E I DATE FILE NO. NOTTO SCALE OCT. 16, 1~8 IMR110 SHEET 1 OF 1 _ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................. 69101 PARCEL NO .......... 711 FOLIO NO....4.19,3B.Q.1.QD.0.8 ....... Temporary Construction Easement IMMOKALEE ROAD C.R. 846 100' R\W PREVIOUSLY CONVEYED o.R. 112-114 PARCEL 711 ~, 165' DESCRIPTION PARCEL 711 THE SOUTH 80 FEET OF THE NORTH 130 FEET OF THE WEST 165 FEET OF TRACT 111 OF THE PLAT THEREOF,GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 13,200 SQUARE FEET OR 0.303 ACRES MORE OR LESS. EX~iBET~_ GENERAL NOTES ~-7,~ ~o . 1) P.O.C. = POINT OF COMMENCEMENT B~~~ 2) P.O.B. = POINT OF BEGINNING PREPARED .... DATE,...~./.-~...~'~ 3) SEC. = SECTION 4) TWP. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL REG. ~ 24~ 5) RGE. = ~NGE PUBLIC WORKS ENGINEERING DEPT. 6) R~ = RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPL~ 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3~1 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA ~112 --~ - " NOTTOSOALE OCT. 21,1~8 IMR111 SHEET 1 OF I ' ,. ~ :. . , OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO. 69101 PROJECT PARCEL NO. 112 TAX PARCEL NO. 41941040007 LEGAL DESCRIPTION (NOT A SURVEY) fee simple title THE NORTH (50') FEET OF TRACT 150 OF THE PLAT THEREOF, GOLDEN GATE ESTATES,UNIT 97, AS RECORDED IN PLAT BOOK 7, PAGE 96 OF THE PUBLIC RECORDS OF COLLAR COUNTY, FLORIDA. CONTAINING 0.524 ACRE (22,836 SQUARE FEET), MORE OR LESS. PARCEL 112 BY E R RICHMOND DATE: PROFESSIONAL ~ND SURV~OR ~2406 OFFICE OF CAPITAL PROJECTS COLLIER COUN~ OO~RNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 69101 PARCEL NOS.113 & 713 FOLIO NO,...D0.1.95OD. QO.Q9 ...... Fee Simple Temporary Construction Easement 330.13' IMMOKALEE ROAD (C.R. 846) 100' R\W EXISTING R\W LINE' _.."~.. 330' PARCEL 113 /50' PARCEL 713/ WEST 1/2, NORTHWEST 1/4, NORTHWEST 1/4, NORTHWEST 1/4 SEC.28,TWP. 49S, RGE. 26 E. DESCRIPTION (PARCEL 113) THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 16.507 SQUARE FEET OR .379 ACRES DESCRIPTION (PARCEL 713) THE SOUTH 25 FEET OF THE NORTH 175 OF THE WEST 50 FEET OF THE EAST 165 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 1250 SQUARE FEET OR .029 ACRES EX 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O,B. = POINT OF BEGINNING PREPARED BY .... DATE... 3) SEC. = SECTION RGE R. RICHMOND 4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL BEG. if 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) RNV = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE ..... ~ _ . - ".~/~ EMBOSSED SEAL Of a PROFESSIONAL LAND SURVEYOR NAPLES FLORIDA 34112 2, 7 T(I~ '~'~ DRAWN BY CHECKED BY I SCALE } DATE ~ FILE NO. j ,'t - .t ..... . NOT TO SCALE OCT. 16. 1998 IMRl13 SHEET 1 OF 1 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (9-'11) 774.-8192 PROJECT NO. PROJECT PARCEL NO. TAX PARCEL NO. ~21q50 LEGAL DESCRIPTION (NOT A SURVEY) fee simple title THE SOU'~ FIFTY. (50') FEET OF THE NORTH 150 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECT]ON 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 16507 SQUARE FEET OR .379 ACRES MORE OR LESS PARCEL 114 ~G 'h. ICHMOND ,: , DATE: OFFICE OF CAPITAL PROJECTS- COLLIER COUN~ GOVERNMENT COMPLEX 3301 E TAMIAMI 'IRAIL NAPLES, FLORIDA 34112 OFFICE OF CAPITAL PROJECTS 3301. EAST TAMIAMI TRAIL NAPLES, FLORIDA 34-112 (9,1.1) 77,1.-8192 PROJECT NO. PROJECT PARCEL NO.. //,~ TAX PARCEL NO. .LEGAL. DESCRIP. TION..(NOT A SURVEY) fee simple title THE SOUTH FFFY (50') FEET OF THE NORTH 150 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 16507 SQUARE FEET OR .379 ACRES MORE OR LESS PARCEL 115 BY: -- DATE: 'K"'/o~','/~z s N su EYOR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVER, NMENT COMPLEX 3301 E I'AMIAMI IRAIL NAPLES, FLORIDA 34112 OFFICE OF CAPITAL PROJECTS """' 3301 EAST TAMIAMI ]'RAIL NAPLES, FLORIDA 34.112 (94.1) 774.-8192 PROJECT NO. PROJECT PARCEL NO. TAX PARCEL NO. .LEGAL DESCRIPTION (NOT A SURVgY) fee simple title THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLOPJDA, CONTA~qTNG 16507 SQUARE FEET OR .379 ACRES MORE OR LESS PARCEL ] ] 6 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774o8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 69101 PARCEL NOS ........ 117 & 717 FOLIO NO ..................................... Fee Simple Temporary Con~5.~W.ction Easement IMMOKALEE ROAD (C.R, 846) 100' R\W ~ EXISTING R\W LINE.. --~ PARCEL 117 ~, 20' PARCEL 717 WEST 1/2, NORTHWEST 1/4 NORTHEAST 1/4, NORTHWEST 1/4 SEC. 28, TWP. 48S, RGE 26E. DESCRIPTION (PARCEL 117) THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 16,507 SQUARE FEET OR .379 ACRES DESCRIPTION (PARCEL 717) THE SOUTH TWENTY (20') FEET OF THE NORTH 120 FEET OF THE WEST FORTY FIVE (45') OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26EAST, COLLIER COUNTY, FLORIDA. CONTAINING 900 SQUARE FEET OR .021 ACRES ~BgT GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT ~ (././. 2) P.O.B. = POINT OF BEGINNING D .... ~ .................................. ATE.,,~ 3) SEC. = SECTION . EORGE R. RICHMOND 4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) RAN = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMTAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112 _ . NOT TO SCALE 16. 1998 IMR1 ~7 SHEET 1 OF 1 --:~ ,: ,.,, '~ ., ~, - OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 77,t.-8192 PROJECT NO. ~' ~/0 f PROJECT PARCEL NO.. TAX PARCEL NO .LEGAL DESCRIPTION (NOT A SURVEY) fee simple title THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 16507 SQUARE FEET OR .379 ACRES MORE OR LESS PARCEL 118 "EXHDBI~T BY~-'L' ~ DATE: ND' 'R P SSIONAL LAND SURVEYOR ~240B OFFICF OF CAPITAL PROJECTS COLLIER CO!.'N]~' GOVERNMENT COMPLEX 3301 E 1AN~,/~MI 1RAIL NAPLES, FLORIDA 34112 ' " " OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3"1.112 (94-1) 77,1.-8192 PROJECT NO. PROJECT PARCEL NO TAX PARCEL NO. .LEGAL DESCRIPTION (NOT A. SURVEY) fee simple title THE SOUTH FIFFY (50') FEET OF THE NORTH 150 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 16507 SQUARE FEET OR .379 ACRES MORE OR LESS PARCEL 120 EXHjBaT~1 BY~ "' DATE: OFFICE OF CAPITAL PROJECTS '- COLLIER COUNTY GOVERNMENF COMPLEX ~' 7": ': ; - 3301 E ]AMIAMI 1RAIL NAPLES, FLORIDA 34112 ~' .,~ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMi TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ...............69~0'~ NORTH 1/4 COR,SEC. 28, PARCEL NOS ......... 121 & 721 TWP. 48S, RGE. 26E. FOLIO NO .............00196320005 S 89© 16' 32" E 660.30' IMMOKALEE ROAD 100' R\W TRACT "RW" DEDICATED TO COLLIER COUNTY 6 3 ~ ~ o__ PI.~,T BOOK 28, PAGES 78-94. ~ h / S 89° 16' 32" E 660.31' ' N%9;;76;.32"W TRACT"RW" P.OB. PARCEL721 ..... 0 02,,' 3 . ,' '" S.00' N 00;.~.28 PARCEL' · 1~889°16'32''E P.O,B, PARCEL 121 DESCRIPTION (PARCEL 121) fee si 1 t ' CoMbmNCING AT THE ,ORTH QUAR R8, ½ CTXON 28, TowNs 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLOP, IDA; THENCE SOUTH 1 DEGREE 30 MINUTES 47 SECONDS EAST, A DISTANCE OF 150.12 FEET; THENCE SOUTH 89 DEGREES 16 MINUTES 32 SECONDS EAST, A DISTANCE OF 122.71 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 16 MINLrFES 32 SECONDS EAST, A DISTANCE OF 537.60' FEET; THENCE SOUTH 01 DEGREES 31 MINUTES 17 SECONDS EAST A DISTANCE OF 10.01 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 32 SECONDS WEST, A DISTANCE OF 295.00 FEET; THENCE NORTH 0 DEGREES 43 MINUTES 28 SECONDS EAST, A DISTANCE OF 5.00 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 32 SECONDS WEST, A DISTANCE OF 243.00 FEET; THENCE NORTH 0 DEGREES 43 MINUTES 28 SECONDS EAST, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; SA1D DESCRIBED TRACT CONTAINING 0.096 ACRE (4165 SQUARE FEET), MORE OR LESS. DESCRIPTION (PARCEL 721) temporary construction easement COMMENCING AT TIlE NORTH QUARTER CORNER OF SECTION 28,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLOR1DA; THENCE SOUTH 89 DEGREES ]6 MINUTES 32 SECONDS EAST, ALONG THE NORTH RIGHT OF WAY LFNE OF IMMOKALEE ROAD (CR.846) A DISTANCE OF 660.30 FEET; THENCE SOUTH ] DEGREE 31 MINUTES 17 SECONDS EAST, A DISTANCE OF 160.13 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID LINE, A DISTANCE OF 2002 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 32 SECONDS WEST, A DISTANCE OF 110.00 FEET; THENCE NORTH 0 DEGREES 43 MINLrFES 28 SECONDS EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 89 DEGREES 16 MINUTES 32 SECONDS EAST, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.051 ACRES (2200 SQUARE FEET), MORE OR LESS. GENERAL NO TE S 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING ~"/'~':E "DATE'/""Z:r/Z~A'~ 3) SEC. = SECTION ORGE a. RICHMOND . .',' :. ""' 4) TWP. = TOWNSHIP 5) RGE. = RANGE PROFESSIONAL LAND SU,R'Vi=yOR-FL REG.# 2406 6) RAN = RIGHT OF WAY PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY G6dERNMENT COMPt:EX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TR~,IL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE ............ DRAWN BY CHECKED BY J SCALE { DATE I FILE NO 1 OF NOT TO SCALE DEC. 18, 1998 IMR121 SHEET ~ t.' : , PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 69101 PARCEL NOS. 122,722 & 722A FOLIO NO..D.Q.'t.9..4.BOD(3D.6 ........ NORTHEAST CORNER SEC. 28, TWP. 48,RGE. 26E, COLLIER COUNTY, FLORIDA. IMMOKALEE ROAD C.R. 846 <1 oo. R,w> N 89° 16' 32" W _1.98o..8.9__ .... rn 15;,, , 591.54' r----10' 961.79' '~1 ~ 10' 352.56' "' I in ~AR~ 352.35' 120' ,,, ...... 1/D~-\ k ' PARCEL 722A ~ ~ EL 722B s Fee Simple DESCRIPTION PARCEL 122: THE SOUTH 65 FEET OF THE NORTH 165 FEET OF THE WEST 352.56 FEET OF THE EAST 1980.89 FEET; AND THE SOUTH 50 FEET OF THE NORTH 150 FEET OF THE WEST 591.54 FEET OF THE EAST 1628.33 FEET; AND THE SOUTH 60 FEET OF THE NORTH 160 FEET OF THE WEST 961.79 FEET OF THE EAST 1036.79 FEET; AND THE SOUTH 50 FEET OF THE EAST 75 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 113,951 SQUARE FEET OR 2.616 ACRES MORE OR LESS. DESCRIPTION PARCEL 722A Temporary Construction Easement THE SOUTH 55 FEET OF THE NORTH 205 FEET OF THE WEST 170 FEET OF THE EAST 1628.33 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 9350 SQUARE FEET OR .215 ACRES. DESCRIPTION PARCEL722B Temporary Construction Easement THE SOUTH 20 FEET OF THE NORTH 170 FEET OF THE WEST 134 FEET OF THE EAST 684.44 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA. CONTAINING 2680 SQUARE FEET OR .062 ACRES. 1 ) P,O,C. = POINT OF COMMENCEMENT '~""D~' PRE R BY ....... DATE. 2) P.O.B. = POINT OF BEGINNING .- 3) SEC. = SECTION ORGE R. RICHMOND 4) TVVP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) RAN = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN BY CHECKED BY SCALE [ DATE FILE NO [ NOTTOSCALE OOT19,1998 IMR122 SHEET1 QE1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 "" (941 ) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 69101 PARCEL NOS ................. 723 NORTHWEST CORNER FOLIO NO....00.19.42~,0.008. ...... SEC. 27, TWP.48S. RGE 26E ""'COLLIERCOUNTY FLORIDA iTemporary Construction Easement IMMOKALEE ROAD (C.R. 846) 100' R\W 660.22' ._..50'R\W PREVIOUSLY CONVEYED O.R. BOOK 1626, PAGE 1060 ~ .,- 281.14' /--J" 50' PARCEL 723 " DESCRIPTION PARCEL 723 THE SOUTH 10 FEET OF THE NORTH 160 FEET OF THE EAST 50 FEET OF THE WEST // 331.14 FEET OF SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 500 SQUARE FEET OF .011 ACRES MORE OR LESS, j? EXHIBB'F J GENERAL NOTES .F,5~ a, . + = PREPARED BY ............................ 2) P.O.B. POINT OF BEGINNING DATE 3> sEc.- SECT,ON . ~ 4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) RAN = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112 NOT TO SCALE OCT. 19. 1998 IMR123 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 69101 PARCEL NOS ......... 124 & 724 FOLIO NO ..................................... Fee Simple Temporary Construction Easement IMMOKALEE ROAD (C.R. 846) 100' R\W 660.22' PARCEL 124 PARCEL 724 ~ 50' hE' 126.86' DESCRIPTION PARCEL 124 THE SOUTH 50 FEET OF THE NORTH 150 FEET OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH. Fb~,NGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 33,011 SQUARE FEET OR .758 ACRES MORE OR LESS. DESCRIPTION PARCEL 724 THE SOUTH 25 FEET OF THE NORTH 175 FEET OF THE WEST 50 FEET OF THE EAST 176.86 FEET OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA. CONTAINING 1250 SQUARE FEET OF .029 ACRES MORE OR LESS. GENERAL NOTES (F,,.~---- " ~ ~~ P.o.c.= Po,NT OF COMMENCEMENT 2) P,O.B. = POINT OF BEGINNING PREPARED BY ..... ~ DATE / 3) SEC. = SECTION RGE R. RICHMOND 4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) RNV = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 33oI EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112 ' ! DRAWN BY CHECKED BY ! SCALE DATE FILE NO NOT TO SCALE OCT. 19. 1998 IMR124 SHEET 1 Of I PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ...............69101 PARCEL NOS..127A, 727A, 127B, 727B FOLIO NO....D.Q.~9..4.7.2.1.2.0.8 ...... 00194721402 Fee Slmple Temporary Construction ~.asement IMMOKALEE ROAD C.R. 846 100' R\W 1162.26' 1298.96' ....... TRACT "R-2" 80' !' T, RACT "R-I" 10'/ /30' =~ E h I PPA~CEL 127B 30') ~ 27 T~CT 5 PARCEL 727~ DESCRIPTION T~CT 127A THE NORTH 10 FEET OF THE EAST ~0 FEET OF T~CT 5, OF THE P~T THEREOF PEBBLEBROOKE ~KES, AS RECORDED IN P~T BOOK 30, PAGES 4-12, OF THE PUBLIC RECORDS OF COLLIER COUNt, FLORIDA. CONTAINING 3400 SQUARE FEET OR .078 ACRES. DESCRIPTION T~CT 727A THE SOUTH 30 FEET OF THE NORTH 40 FEET OF THE EAST 30 FEET OF T~CT 5, OF THE P~T THEREOF, PEBBLEBROOKE ~KES, AS RECORDED IN P~T BOOK 30, PAGES 4-12, OF THE PUBLIC RECORDS OF COLLIER COUNt, FLORIDA. CONTAINING 900 SQUARE FEET OR .021 ACRES. DESCRIPTION T~CT 127B THE NORTH 10 FEET OF THE WEST 10 FEET OF T~CT 8, OF THE P~T THEREOF PEBBLEBROOKE ~KES, AS RECORDED IN P~T BOOK 30, PAGES 4-12, OF THE PUBLIC RECORDS OF COLLIER COUNt, FLORIDA. CONTAINING 100 SQUARE FEET OR .002 ACRES. DESCRIPTION T~CT 727B THE SOUTH 30 FEET OF THE NORTH 40 FEET OF THE WEST 10 FEET OF T~CT 8. OF THE P~T THEREOF, PEBBLEBROOKE ~KES, AS RECORDED IN P~T BOOK 30, PAGES 4-12, OF THE PUBLIC RECORDS OF COLLIER COUNt, FLORIDA. CONTAINING 300 SQUARE FEET OR .007 ACRES. 1) P.O.C. = POINT OF COMMENCEMENT ..... ~ ~EPARED BY P.O.B. = POINT OF BEGINNING .. ATE ..... 4) TWP. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL. REG, ~ 24~ 5) RGE. = ~NGE PUBLIC WORKS ENGINEERING DEPT. 6) ~ = RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMAL8 THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND S~LED WITH THE " EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR NAPLES, FLORIDA ~112 ~ ~ · DRAWN BY CHECKED BY ~E DATE FI~ NO. J ~ ' ' ~' . NOT TO SCALE OCT. ' ~, 1~8 IMR127A SHEET 1 OF 1 , , . PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO ............... 69101 PARCEL NO ................. 127C1 FOLIO NO...D.Q.1.938.4.Q.0. D.9 ..... LEGAL DESCRIPTION (NOT A SURVEY) Fee Simple COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 48 SOUTI I, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION 27 SOUTH 1 DEGREE 28 MINUTES 41 SECONDS EAST, A DISTANCE OF 150.12 FEET; THENCE NORTH 89 DEGREES l0 MINUTES 56 SECONDS WEST, A DISTANCE OF 160.13 FEET TO THE POINT OF BEGINNING; THENCE ALONG A LINE LYING 160 FEET WEST, AS MEASb~,ED PERPENDICULAR TO, SAID EAST LINE OF SECTION 27 SOUTH I DEGREE 28 MINUTES 41 SECONDS EAST, A DISTANCE OF 50.00 FEET; THENCE NORTH 57 DEGREES 49 MINUTES 50 SECONDS WEST, A DISTANCE OF 96.02 FEET; THENCE ALONG A LINE LYING 150 FEET SOUTH, AS MEASURED PERPENDICULAR TO, THE NORTH LINE OF AFORESAID SECTION 27 SOUTH 89 DEGREES 10 MINLrFES 56 SECONDS EAST, A DISTANCE OF 8000 FEET TO THE POIN~I' OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.046 ACRE (1,998 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SAID SECTION 27 BEING SOUTH 01 DEGREES 28 MINUTES 41 SECONDS EAST. PARCEL B~127C1 ~e_"' EX,~iBIT COLL ER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET I OF PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY P.O.C. NORTHEAST CORNER SECTION 27 TOWNSHIP 48 SOUTH RANGE 26 EAST IMMOKALEE ROAD 100' (100' R/W) ._~ ssg',o's~'E + 8o00' . ~'~,, P.O.B 160.13' PEBBLEBRoo,~E:~t KEs GENERAL NOTES 1) P.OG. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION ~~::L 4) TWP. = TOWNSHIP """' 5) RGE. = RANGE 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR OFFICE OF CAPITAL PROJECTS 5301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO 69101 PROJECT PARCEL NO. TAX PARCEL NO. nn~e2o'~nOO:L SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) fee simple title COMMENCING AT THE NORTHWEST CORNER OF SECTION 26 TOWNSHIP 4g ~0UTH ' RANGE 26 EAST, COLLIER COUNTY, FLORIDA ALSO LYING ON THE NORTH RIGHT OF WAY LINE OF IMMOKALEE ROAD (C.R. B46); THENCE SOUTH 89 DEGREES 16 MINUTES 18 SECONDS EAST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 100.0g FEET; THENCE SOUTH I DEGREE 33 MINUTES 36 SECONDS EAST, A .' DISTANCE OF 100.08 FEET TO THE SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD AND THE POFNT OF BEGINNING; THENCE SOUTH 89 DEGREES 16 MINUTES lg SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 1220.60 FEET; THENCE SOUTH 85 DEGREES 32 MINUTES 11 SECONDS WEST, A DISTANCE OF 276.2~ FEET; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS WEST, A DISTANCE OF 723.60 FEET; THENCE SOUTH 87 DEGREES 37 MINUTES 10 SECONDS WEST, A DISTANCE OF 220.?3 FEET TO THE EAST PdGHT OF WAY LINE Of A I00 FOOT CANAL EASEMENT; THENCE NORTH 1 DEGREE 33 MINUTES 41 SECONDS WEST ALONG SAID EAST LINE OF THE 100 FOOT CANAL EASEMENT A DISTANCE OF 37.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.652 ACRE (28,384 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD BEING SOUTH 89 DEGREES 16 MINUTES 18 SECONDS WEST. PARCEL 128 E'XH'!B!I ' SIONAL LAND SURVEYOR tt2406 OFFICE OF CAPITAL PRO EC S LE ET 'i !"""; ' '1 BRAWN BY:CHECKED BY:SCALE:. '2"' OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION N. Line N.E, 1/4 Sac. 26 , P.O.C. N.W. Corner Sec. 26 100.08' N.89'16'lB"W. 6 1B E 1220 57.00' S.87'~7 552' ' 276.25' ' 220'75' / ~ CANAL (100' N. Line N.W, Sac. 26 S.89~7'12"E. PARCEL 128 GENERAL NOTES 1) P.D.C, 'indicates Point o? Commencement 2) P.FI,:B. indicates Point oF :Beginning --' 3) Sec. indicates Section J J X ~;~rl B ! T 4) Twp. Indicates Township , 5) Rge. indicates Range 'c )'l 6) R/W indicates Right-oF-way 7) ALL distances are in f'eet and decimals thereof 8) Basis oF :Bearings is the North R/W Line oF Immokalee Road being S,89°16'18'E, 9) Not valid unless signed and sealed with the embossed ::-- ,?~l_(~ : seal o~ the proFessionaL Land surveyor THIS IS ONLY A SKETCH ~.', F 2c NOT TD SHE~ 2 SCALE 06-0~-97 PR-i~8 ...... PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO ........~.....~'../..C)../. ............... PARCEL NO ..............7'.,~..~.. LEGAL DESCRIPTION (NOT A SURVEY) FOLIO NO ....... temporary construction easement COMMENCING AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES 16 MINUTES', 18 SECONDS EAST, ALONG THE NORTH LINE OF SAID SECTION 26, DISTANCE OF 300.00 FEET; THENCE SOUTH 0 DEGREES 43 MINUTES 42 SECONDS WEST, A DISTANCE OF 126.41 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 37 MINUTES 10 SECONDS EAST, A DISTANCE OF 26.00 FEET; THENCE SOUTH 89 DEGREES 16 NfINUTES 18 SECONDS EAST, A DISTANCE OF 7236O FEET; THENCE NORTH 85 DEGREES 32 MINUTES I 1 SECONDS EAST, A DISTANCE OF 276.25 FEET; THENCE SOUTH 1 DEGREE 34 MINUTES 27 SECONDS EAST, A DISTANCE OF 38.03 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS WEST, A DISTANCE OF 426.02 FEET; THENCE SOUTH 0 DEGREES 43 1V~NUTES 42 SECONDS WEST, A DISTANCE OF 3900 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS WEST, A DISTANCE OF 512.98 FEET; THENCE SOUTH 48 DEGREES 48 MINUTES 04 SECONDS WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 0 DEGREES 43 MINUTES 42 SECONDS EAST, A DISTANCE OF 64.78 FEET; THENCE SOUTH 89 DEGREES 16 MINUTES 18 SECONDS WEST, A DISTANCE OF 54.02 FEET; THENCE NORTH 0 DEGREES 43 MrNUTES 42 SECONDS EAST, A DISTANCE OF 17.66 FEET; THENCE NORTH 87 DEGREES 37 MINUTES I0 SECONDS EAST, A DISTANCE OF 54.08 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.998 ACRE (43,466 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE NORTH LINE OF SECTION 26 BEING S 89°16'18" E. PARCEL 728 PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 ~F 2 ~ ,, , PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY P.O.C. N~.~W. CORNER SEC.26, TWP, 48S,RGE 26E IMMOKALEE ROAD (C.R.846) _ j~,e~.~s~,a"E _ __ ~ ~i s ?~,:_~__ N S~'~'~O"E ~ ~ ~' ~~ H~PARCEL ..... , ~ 723.~' ~ · ' P.O.S. S e: N0' 3' 2"~ M N89~!~ ' d ~', ""~;~%~'~ ~ o'~',~"~ ~ '~,'2~", 38.03, . pa .~ so.~ ~ ~. PARCEL 728 GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B = POINT OF BEGINNING 3) SEC. = SECTION ~_. l 4) TWP. = TOWNSHIP """' 5) RGE. = RANGE 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOTVALIDUNLESSSIGNEDANDSEALEDWITHTHE SCALE DECEMBER 16, 1998 IM728 SHEET PROJECT NO. 69101 PROJECT PARCEL NO. 729 FOLIO NO. 41939520005 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH THIRTY (30) FEET OF THE NORTH EIGHTY (80) FEET OF THE EAST FORTY (40) FEET OF THE WEST 166 FEET OF TRACT 130, GOLDEN GATE ESTATES UNIT NO. 97, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (Containing 1,200 square feet, or 0.028 acres, more or less.) temporary construction easement 40' N TRACT 130 WEST LINE. TRACT 130 ~ -- EAST LINE, TRACT 130 EXH~BBT · /-:""'8'~8 E i~; 'i~'~'&i:i~i~B' i~'.'E.'~: '~ '~ PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SKETCH NOT TO SCALE ! Collier County Real Property Management Departmenl 12~,e, 9S 2:29 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE CLOSING OF THE PURCHASE OF ROOKERY BAY SERVICES, INC. UTILITY COMPANY OBJECTIVE: The Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District (CCWSD) adopt the attached Resolution and thereby authorize closing of the County's purchase of the Rookery Bay Services wastewater facilities on February 1, 1999, accepts title to all assets being conveyed to the County and authorize the Public Works Administrator to execute all documents on behalf of the county as needed to complete the closing. CONSIDERATIONS: Collier County entered into a Purchase Agreement with Rookery Bay Services, Inc. on August 4, 1998. The agreement provides for the CCWSD to acquire the RBS wastewater service territory and approximately 2,500 customers at a purchase price of $1.2 million. That agreement requires that the CCWSD fund the cost of connecting the RBS system to the CCWSD system. The specific connecting improvements consist of a pump station and force main (the Additional Facilities) costing $143,287 to design and construct. After factoring for estimated customer pro-rations the CCWSD's total cost of the transaction including the "Additional Facilities" is $1,321,983 subject to minor final pro-ration and recording cost adjustments. The closing date is set for February 1, 1999. The Agreement of Purchase and Sale requires that specified actions . had to be taken prerequisite to closing. Those actions include completion/construction of the "Additional Facilities" as pre-approved by the Public Works Administrator, providing the County with an up to date customer list, mutual agreement regarding customer account pro-rations, providing updated system plans and specifications, and providing a schedule of assets with quantities and values. All of the required actions will be completed prior to the closing date. The County will commence being the utility service provider on February 1, 1999. The attached Resolution being recommended for approval includes the Bill of Sale with the following exhibits: Exhibit A -- Description of Purchased Assets (attached). Exhibit B -- Legal Description of Service AreNap (attached). Exhibit C -- Schedule of Purchased Assets and Values (to be prov,ded at closing). Exhibit D -- Schedule of Excluded Assets including existing RBS Treatment Plant Sites (attached). Exhibit E -- Schedule of Quantities and Value of the Additional Facilities Constructed on a Reimbursement Basis (attached). Exhibit F -- Sample Transaction Settlement Statement (attached). At closing, the Bill of Sale and Exhibits C, E and F will be approved by the PW Administrator in accordance with authorization provided by the attached Resolution. FISCAL IMPACT: Funds in the amount of $1.5 million are presently budgeted in 414-263611 project No. TBD for that acquisition of the RBS service territory. The County's net payment to RBS is $1,321,983, subject to minor final pro-rations and recording cost adjustments at closing. The transaction Settlement Statement (Exhibit F) provides a breakdown of estimated transaction costs and pro-rations. GROWTH MANAGEMENT IMPACT: Acquisition of the Rookery Bay Services, Inc. wastewater utility is consistent with the 1986 Wastewater Master Plan and all subsequent revisions thereto. The Collier County Water-Sewer District has planned, designed, financed and constructed wastewater facilities to serve the RBS, Inc. area and customers located therein. RECOMMENDATION: That the Board approve and adopt the attached Resolution and thereby authorize staff to proceed with the RBS closing, approve issuance of disbursements in accordance with the final Transaction Settlement Statement, and, after closing, record the Resolution, Bill of Sale and all exhibits ("A" through "F") in the Official Records of Collier County. PREPARED BY: I~ ' /'/~' ~'~ Ann Marie ylor, Xdrr~trative Assistant II Date ' / REVIEWED BY: Edward N. Finn, Operations/Interim Wastewater Director Date REVIEWED B '~~~ ///.//DL/Te ~j' q Ed Ilschner, Pu'glic Works Administrator Attachment: Resolution and its Exhibits G: Executive Summary/RookeD' Bay Final closing JAN Pg., _ RESOLUTION NO. 99- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF 2 COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING 3 BOARD OF THE COLLIER COUNTY WATER/SEWER DISTRICT; 4 AUTHORIZING CLOSING OF THE PURCHASE OF THE ROOKERY 5 BAY WASTEWATER FACILITIES; ACCEPTING TITLE TO ALL ASSETS BEING CONVEYED TO THE COUNTY; AND 7 AUTHORIZING THE ADMINISTRATOR OF PUBLIC WORKS TO 8 EXECUTE ALL DOCUMENTS REQUIRED TO CLOSE THE SALE 10 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 11 COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex-Of~cio the ~2 Governing Board of the Collier County Water/Sewer District, that: ~3 ~4 1. The Board of County Commissioners of Collier County, Florida, as the 1S governing body of Collier County and as ex-Of~cio the Goveming Board of the Collier 16 County Water/Sewer District (hereinafter "County"), on August 4, 1998, pursuant to ~7 Resolution 98-297 and Section 125.3401, Florida Statutes, authorized the Board's 18 Chairman to execute a Purchase and Sale Agreement, which was executed by the ~ 9 Chairman in accordance with that Resolution. 20 2~ 2. The Agreement of Purchase and Sale (recorded in the public records of 22 Collier County in OR Book 2460, Pages 0701 through 0713) required that specified 23 actions be taken prerequisite to closing the purchase and sale. The specified actions 24 have been completed in accordance with the Agreement for Purchase and Sale. 25 26 3. All documents attached hereto pursuant to the Agreement of Purchase and 27 Sale are hereby accepted on behalf of the County, and the Board's Chairman is hereby 28 authorized to sign those documents on behalf of the County as indicated, which 29 documents finalize the pumhase price (subject to schedule of costs and minor pro-ration 30 adjustments) and formally accept title to all assets being conveyed ro the County. 3'1 32 4. The Board hereby delegates to the Administrator of Public Works full 33 authority to execute all other documents that may be required to finalize the closing, 34 scheduled for Monday, February 1, 1999. 35 36 5. This Resolution and all documents attached hereto shall be recorded by the 37 County in the public records of Collier County, Florida. 38 39 This resolution adopted this __ day of January, 1999 after motion, second and 40 majority vote favoring adoption. 41 42 BOARD OF COUNTY COMMISSIONERS 43 ATTEST: COLLIER COUNTY, FLORIDA, A 44 DWIGHT E. BROCK, CLERK POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND AS EX- By: OFFICIO THE GOVERNING BOARD Deputy Clerk OF THE COLLIER COUNTY WATER/ SEWER DISTRICT By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency. Thomas C. Palmer Assistant County Attomey Res. Closing of RBU Sale JAN 2 6 1999 This instrament prepared by: MARK I. WOODWARD, ESQUIRE Woodward, Piles & Lombardo, P~. 802 Laure2 Oak Drive, Suite 710 Bill of Sale Naples, FL 34108 (sample only) ..r<SVOIYAI. L M~;N BY THESE PRESENTS, that ROOKERY BAY SERVICES. INC., a Florida corporation with offices at 801 Laurel Oak Drive. Suite 710, Naples. FL 34108, of the County of Collier, and State of Florida, partlea of the first part, for and In consideration of the sum of Ten Dollars ($10.00) lawful money of the United States, to them paid by Collier County. with offices at Public Works Division, Building H, 3301 East Tamlaml Trail, of Naples, FL 34112. parties of the second part. the receipt whereof Is hereby acknowledged, have granted, bargained, sold, transferred and delivered. and by these presents do grant, bargain, sell, transfer and deliver unto the said parties of the second part. their executors. administrators and assigns. the following goods and chattels: SEE A]'FACHED EXHIBIT 'A' TO 1.1AVE AND TO HOLD the same unto the said partlea of the second part, their executors, administrators and assigns forever. AND we do, for us and our heirs, executors and administrators, covenant to and with the said parties of the second part, their executors, administrators and asslgns, that we are the lawful owners of the said goods and chattels. that they are free from all encumbrances, that we have good right to sell the same aforesaid, and that we will warrant and defend the sale of the said proper~, goods and chatle[s hereby made, unto the sa!d parties of the second part, their executors, administrators and assigns against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of __ .19 Signed, sealed and delivered in the presence of: ROOKERY BAY SERVICES. INC., a Florida corporation Print Name: By: Mark J. Woodward. President Print Name: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrament was acknowledged before me thLv day of , 29.. , by MARK I. WOODWARD, President of Rookery Bay Services, Inc., a Florida corporation, on behalf of the corporation, He is personally known to me and did not take an oath. Exhibit "A" Rookery Bay Services, Inc., Seller Collier County, Purchaser Description of Purchased Assets The Purchased Assets are the customer base, transmission mains, supply pipes, and the Additional Facilities as defined herein (collectively, the "Utility System") which Seller owns or in which it has an interest. 1. All easements, licenses, rights-of-way and consents owned by Seller for the construction, operation and maintenance of the Utility System. 2. All certificates, immunities, privileges, permits, licenses, license rights, easements, consents, grants, ordinances, leaseholds, rights-of-way and all rights to construct, maintain and operate the Utility System for the collection and disposal of wastewater and every right of every character whatever in connection therewith, and the obligations thereof; together with all rights granted to Seller under Certificate No. (previously Rookery Bay Utility Certificate No. 06S) issued by the Commission. 3. All past and current customer records, prints, plans, engineering reports, surveys, specifications, shop drawings, equipment manuals, and other information reasonably required by the Purchaser which are in possession of Seller and its agents pertaining to the operation of the Utility System. 4. One (1) set of drawings showing the sanitary wastewater collection, treatment and' disposal facilities of the utility. Such drawings shall also include any original tracings, sepias or other reproducible material in possession of Seller. -- 5. All rights of Seller under the Developers' Agreements and/or Bulk Service Agreement entered into between Seller and owners, developers or bulk customers to properties that are provided wastewater service. 6. Purchaser shall reimburse Seller an amount agreed upon by the parties sufficient to pay the costs incurred by Seller for planning, design and construction of a pump station including, but not limited to, costs of supervision, inspections, engineering, drawings, permit application, materials, construction for the station, transmission lines, supply pipes, collection pipes, valves, service connections, if any, and other items as agreed by the parties (collectively, the "Additional Facilities"). ,'Je~'i N 2~_,6 1999 EXHIBIT 8 - ROOKERY BAY FRANCHISE SERVICE TERRITORY Township 51 South, Ranqe 26 East, Collier County Section 3. - The South % of Section 3 lying East of S.R. 951 and South of U.S. Highway 41. The SE Y~ of the S~V ¼, and the SW "A of the SE % lying South of Henderson Creek. Section 10 - The North ~ lying East of S.R, 951 and the North % of the North % of the South ~ lying East of S.R. 951. The NW ~ of the NE ¼ and the NE "~ of the NW%. Section 11 - The NW ¼ of the NE '/. and the NW ¼ lying South of U.S. Highway 41 and the SW ¼. Section 12 - The West % of East ~ lying North of U.S. Highway 41. That portion of the NW % of the SW % lying South of U.S. Highway 41 (Tamiami Trail) and that portion of the SW '/. of the NW % lying South of U.S. Highway 41: AND The SW ¼ of the SW ~. LESS THE FOLLOWING DESCRIBED PARCEL ----- .Starting at the Northwest comer of the property at the intersection of the South Right of Way of U.S. Highway 41 and the West line of Section 12, Township 51 South, Range 26 East, Collier County, Flodda, and proceeding Southerly along the Section line for approximately 870 feet; thence Easterly for 330 feel thence Northerly for 660 feet, thence Westerly along U,S. Highway 41 Southerly Right of Way for approximately 390 feet to the Point of Beginning comprising approximately 5.8 acres. Section 13 - All of Section 13. Section 14 --The NE % of the NE %. Section 15- The South ½ of the South % lying East of S.R. 951. Township 51 South, Ranfie 27 East, Collier County Section 8 - NE ¼ of NE %. All of Sections 18 and 19. Section 20 - East % and the East ',& of SW '/. and the South ",/. of the SE "/. of NW ¼. ~'he Remainder of this Page is Intentionally Left Bank). JAN 2 6 1999 EXHIBIT "C" - SCHEDULE OF PURCHASED ASSETS & VALUES (To be provided at Closing) JAN 2 6 1999 PG,. . .:_.__..,~,ZIO__ ~ · .... EXHIBIT D - SCHEDULE OF EXCLUDED ASSETS 1. .150 VWVTP: all personal property assets including: I blower and associated motor. all pads, small tools, equipment related to plant operation. 2. .300 VVVVTP: all personal prope,r~y assets including: · 2 blowers and associate~l motors \ · I well water pump and motor · 1 water pressure tank · I Polysonic flowmeter, associated chart recorder, manuals. suppiles, pads, records, etc. · I surge pump and motor · 1 chlodnator system, pads, manuals, etc. · Air pac system · Miscellaneous hand tools, supplies, pads related to plant operation 3. Monitoring wells built to DEP standards and in operation. quarlerly reports, and records, drawings, etc. related to groundwater monitoring wells. 4. Port au Prince .006 VVVVTP · I blower and motor · I lift station, pump, motor and related equipment · Fence · Krohm flowmeter. force main, related equipment it, staled to County specifications. 5. Accounts Receivable EXCLUDED SEWER TREATMENT PLANT SITE - LEGAL DESCRIPTION A parcel of land located in a podion of Section 14, Township 51 South, Range 26 East, Collier County, Flodda, being more padiculady described as follows: The SE 114 of the NE 114, of the NE 114, Section 14, Township ,51 South, Range 26 East, Collier County, Flodda; LESS AND SUBJECT TO: Any easements needed in support of the Additional Facilities. (The Remainder of this Page is Intentionally Left Blank). JAN 2 6 1929 EXHIBIT "E" - SCHEDULE OF QUANTITIES & VALUE OF THE ADDITIONAL FACILITIES CONSTRUCTED ON A REIMBURSEMENT BASIS ~,~ Pre,,~rving and enhanCfn9 Flor/~Ia'S HOLF., MONTEI & ASSOCIATES, ¢,NGINEER$ PLANNER5 StJFtVl~fOl~5 Mr. Ed Ilschncr Public Works AdministratOr Collier County. Public Works Engineering Department Building EI, 3 Floor 3301 Tamiami Trail East Naples, Florida 3411.2 SUBJECT: Rookery Bay Services, Inc. "Additional Facilities" lIMA File No. 97.37 B Dear Mr. Ilschner: This letter provides a summary of the cos~ associated with the improvements defined in the Purchase and Sale Agreement as "Additional Facilities". More specifically, these are the costs related to the pump station construction needed to discontinue operation of the Rookery Bay WWTP and redirect flows into South County Regional Wastewater System. The summarized costs are: .. 1) Engineering Services $ 23,711.25 2) Permit Fees - Collier County Development Review $ 1,769.80 - FDEP $ 500.00 3) Construction Costs - Guyman Construction $116,543.63 - FP&:L $ 762.00 TOTAL $143,286.68 For your convenience, I have attached a copy of the following: 1) .I-IM&A engineering services fee proposal and your approval letter dated May 22, 1998. Copies of our invoices are also attached. 2) Construction bid summary and your approval letter dated August 14, 1.998. Copies of the only contractor pay request submitted thus far is attached. 1999 Mr. Eel Ilschner Rookery Bay Services, Inc. "Additional Facilities" HMA File No. 97.37 B January- 14, 1999 Page 2 3) Copies of three cancelled checks for permits and FP&L improvements for the pump station service. You will note that the actual engineering services costs are less than the original proposal due to two time and materials line items being below estimates. Also, note the projected construction cost will be below the original budget due to a deduct change order to be processed by eliminating the irrigation/landscape line item and adding stone/gravel. This change was at County Staff request. This cost item will be adjusted upon negotiation of the change order. You will receive final lien release from Cruyman and HM&A prior to or at closing. If you have questions, please call me at your convenience. Very truly yours, HOLE, MONTES AND ASSOCIAIES, INC. Thom:~-q M. Taylor, P.E. Pr~sident/C.E.O. TMT/dj Attachments ec: Mark Woodward, Esquire w/attachment Joseph Parisi, Esquire, w/attachment Mark Strain, w/attachment Ed Finn, w/attachment Anne Marie Saylot, w/attachment Susan Usher, w/attachment EXHIBIT F -- SAMPLE TRANSACTION SETTLEMENT STATEMENT CLOSING STATEMENT Closin$ date l~bm~.,}, 1, 1~99 Pur~_-~--,, Price $1,:200,050,00 Additional Facilities (See HM&:A letter - Schedule "A") ~ To',~sl Sales Price $1,343,~,S5.68 ~ (see Schedule "F' auachsd) 1) Riverwood - Kssidenlial (Z1,471 87) 2) Itivezwood - Commercial (130.55) 3) Sk L's Farms 2,002.82 4) Port Au Prince ~ Gross Amoun~ due to Selier ~ (Payable lo Rookst7 Bay Services, Eric.) Seller in4 Se~er: KOO~Y BAY ~CES, ~C. a ~afida ~ra~n By: ...... Board of Co~W Ed B~,, ~bl{c Works Ad~is~tor : r JAN 2 6 1999 EXECUTIVE SUMMARY ~,~---., APPROVE THE MASTER AGREEMENT RELATING TO SERVICES FOR SENIORS' GRANT PROGRAMS AND AUTHORIZE THE CHAIRWOMAN TO SIGN THE MASTER AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. OBJECTIVE: In order to providc grant funded services to Services for Seniors' clients, a Master Agreement, which applies to all grant contracts, requires the signature of the Chairwoman. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 24 years through the Older Americans Act as well as other grant programs. These grants allow for the delivery of various services to the County's frail cldcrly preventing premature and costly institutional placement. A new requirement by the grantor agency, thc Area Agency on Aging, is the execution of a Master Agreement which outlines grantee requirements for administering all of the various grants. The Master Agreement addresses such items as federal laws and regulations, civil rights compliance, insurance requirements, audits, and thc safeguarding the State computer network system. The incorporation of identical language into one document required for all grant programs awarded by the Area Agency on Aging eliminates multiple signatory requirements of the Chairwoman, lessens the review time by the County Attorney, and reduces paper use. All individual grant contracts will make reference to the Master Agreement as well as specify the individual grant contract amounts (with necessary budget amendments), effective date of the grant agreement, method of payment, and any special provisions. GROWTH MANAGEMENT: Them is no growth management impact from this recommendation. FISCAL IMPACT: There is no financial impact as a result of this recommendation. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Master Agreement and authorize the Chairwoman to sign the contract. The agreement has been Date: //~'f~ Reviewed and ~flL~ Approved by: , Date: Marth~l'?-Ski'nner, Social Services Director ~ ' Approved by: . Date: \. Tho'~i ~r. ~i'iiff,~"~i~ices Administrator EXECUTIVE SUMMARY APPROVE THE OLDER AMERICANS ACT 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. OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 24 years through this Older Americans Act program. This continuation grant in the amount of $501,703 for the period January l, 1999 through December 31, 1999 will allow the delivery of homemaking services, personal care services, respite care, medical and meal transportation, congregate and home delivered meals, nutrition education, 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 $45,100 which was approved in the fiscal year 1999 budget. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: The total grant amount of $501,703 is funded from the State of Florida grants and aids appropriation administered by the Area Agency on Aging. Of the total grant award, $164,591 will require budget amendments to recognize the direct funding portion to the county for administration, case management and transportation. The remaining $337,112 will be retained by the Area Agency on Aging who contracts directly with service proriders to pay for direct services authorized by Collier County Services for Seniors. A total of $45,100 in local cash matching funds was approved in the FY 98/99 budget and will be funded from the General Fund (001). RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the OAA grant and authorize the Chairwoman to sign the contract and approve the necessary budget amendments. The agreement has been reviewed and approved by the County Attorney. Prepared by: ~ N~t~4~ Date: J errel!, Services for Seniors Accounting Technician Reviewed a .Lochner, Services 5or Seniors Program Manager / / 1V~arth~ Skinner, Social Services Director Reviewed and \ Thomas W. Olliff. Pu~ S~n'ices Administrator JAN 2 6 1999 EXECUTIVE SUMMARY APPROVE AN AGREEMENT BETWEEN COLLIER COUNTY AND THE GULFCOAST SKIMMERS WATER SKI SHOW, INC. FOR THE COMPLETION OF THE GRANDSTAND FACILITY CONSTRUCTION OBJECTIVE: To complete construction of the Sugden Regional Park grandstand facility. CONSIDERATIONS: Mr. and Mrs. Herbert J. Sugden donated $200,000 toward the construction of the Margaret s. Sugden grandstand facility. The construction estimate of $200,000 was based on figures compiled by the Gulfcoast Skimmers, which included a great deal of donated or reduced costs, materials and in-kind services. Given the nature of this estimate, it was believed that the County could not build the facility envisioned by $200,000. As a result, a construction contract was executed in January of 1997, with the Gulfcoast Skimmers for the construction of this facility. In order to complete construction, the Gulfcoast Skimmers are relying in large part on local contractors who are donating labor and materials. Unfortunately, due to the exceptionally busy construction environment, these contractors have found it difficult to free up crews to attend to the grandstand construction. As a result, this agreement is being amended to extend the time frame for an additional four months to May 31, 1999. ,"" This agreement, as the first, requires that the Skimmers use licensed contractors, have prior County approval for all planned work, and that the Skimmers or their authorized general contractor carry comprehensive general liability insurance coverage of not less than $1,000,000 combined single limits, and worker's compensation insurance coverage with the minimum limit of $100,000 each occurrence. FISCAL IMPACT: The unspent funds from the original $200,000 donation amount to $53,415.91. This amount represents the total remaining County financial exposure on this project and is shown in the agreement as the total amount that will be paid to the Skimmers for the completion of the grandstand' s construction. GROWTH MANAGEMENT IMPACT: The value of the facility once completed, which whould be in excess of the actually paid $200,000, will be counted towards the Level of Srvice inventory of Regional Park facilities. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, to approve the extension of an agreement between the Gulfcoast Skimmers Water Ski Show, Inc. and Collier County for the completion of the Sugden Regional Park grandstand facility construction, and authorize the Chairman to sign same agreement upon review and approval by the County Attorney. "" Prepared by: ~.~'~,'Z:"'~F'~ _ Thomas W. O~ff, Pub~ervices Administrator JAN'~Z _... SUGDEN REGIONAL PARK GRANDSTAND AGREEMENT THIS AGREEMENT RE: SUGDEN REGIONAL PARK GRANDSTAND (Agreement) is entered into on this day of ,1999, between GULF COAST SKIMMERS WATER SKI SHOW, INC., (Skimmers) a Florida Not-For-Profit Corporation, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, (County) and sets forth the terms and conditions for the development of a grandstand facility at Sugden Regional Park, Naples, Florida. WHEREAS, the County agrees to authorize development of a grandstand facility at Sugden Regional Park located in Naples, Florida; WHEREAS, the County executed a construction agreement with the Skimmers for the same grandstand on January 7, 1997, amended this agreement to correct a scriveners error on May 4, 1997, and amended this agreement to extend the term on July 28, 1998, and; WHEREAS, the construction was delayed because of an inability to secure the necessary contractors to complete the work, and; WHEREAS, completion of the grandstand facility within the previously established time frame was not possible, and; WHEREAS, the Skimmers still desire to develop the grandstand facility located at Sugden Regional ~nd complete the project to the satisfaction of the County. NOW, THEREFORE in consideration of the mutual promises and covenants exchanged herein, the parties agree as follows: ARTICLE 1. Demised Premises. The premises involved consists of the southeast part of the lake as highlighted on the attached Master Plan. Article 2. Term. The term of this Agreement shall be a minimum of four (4) months commencing on January 28, 1999, and ending May 31, 1999. The Skimmers agree that all construction and improvements will be completed by May 31, 1999. Article 3. Modifications to Facility. 1. Prior to making any changes, alterations, additions or improvements to the demised premises, the Skimmers will provide County with all proposals and plans for alterations, improvements, changes or additions to the demised premises for County's approval, specifying the nature and extent of the desired alteration, improvement, change or addition, along with the estimated starting and completion time for the project, and including factual budget statements showing sufficient funding to complete any phase or phases of the changes, alterations, additions or improvements to the demised premises. If upon obtaining the-County's consent and commencing said changes, alterations, additions, or improvements, the Skimmers , complete its work within the completion time as approved by the County, County may, at its JAN 2 S 1999 election, complete said changes, improvements, alterations or additions, in which event all improvements will belong to the County free and clear of all liens or claims. 2. The Skimmers 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 present and future laws, ordinances, rules, regulations and requirements of the United States of America, State of Florida, County of Collier and any and all governmental agencies having jurisdiction. 3. All alterations, improvements and additions to said demised premises shall be made in accordance with all applicable laws and shall at once, when made or installed, be deemed as attached to the freehold and to have become property of County and shall remain for the benefit of County at the end of the term or other expiration or termination of this Agreement in as good order and condition as they were installed, reasonable wear and tear accepted. If, prior to the termination of this Agreement, or within thirty days thereafter, County so directs, the Skimmers shall promptly remove all construction materials, debris and equipment. County may effect said removal at the Skimmers' expense upon Skimmers' failure to timely and/or fully remove all such materials, debris and equipment upon notice by County. 4. Upon commencement of this Agreement, the Skimmers shall construct the grandstand facility as described above on the demised premises in a business-like and responsible manner, and the Skimmers actions shall not conflict with County's regular control and daily operation of the Sugden Regional Park. County will continue to maintain regular activities and services at the Park, but will not cause any delay to the construction of the grandstand. 5. The Skimmers covenants and agrees not to use, occupy, suffer or permit the Park or any part thereof to be used or occupied during the construction of the grandstand facility except for the grandstand facility. Article 4. Access to Construction Site. County, its duly authorized agents, representatives and employees shall have the right a~er reasonable notice to the Skimmers, to enter into and upon the demised premises at all reasonable hours for the purposes of inspection. Article 5. Indemnity and Insurance. 1. In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is acknowledged by signing of this Agreement, the Skimmers covenants and agrees that it will defend, protect and save and keep County forever harmless and indemnified against and from any claims, suits, and actions, penalty, damage, injury, cost, attorney's fees and other charges imposed for any violation of any law or ordinance, whether occasioned by the neglect of the Skimmers or those holding or acting under Skimmers, and that Skimmers will, at all times, defend, protect, indemnify and save and keep harmless County against and from all claims, suits and actions, loss, injury, cost, attorney's fee, damage and expense arising out of or from any accident or other occurrence, on or about the demised premises causing injury or death to any person or damage in loss of personal property whosoever and whatsoever during the term of this Agreement and all extensions hereof. The Skimmer's obligation under this provision shall not be limited by 2 No../b JAN 2 6 PG ,,.-,__,,C;~__ °"'~mers limit of, or lack of, insurance protection. The Skimmers shall obtain and maintain with a able insurance company, at its sole cost and expense, public liability insurance against property damage or personnel injury arising out of the construction and use of the grandstand facility. Said insurance must specify detailed coverage on the grandstand facility. 2. The Skimmers and/or Skimmers' general contractor shall take out and maintain during the course of this Agreement, comprehensive general liability insurance coverage, including bodily injury and property damage, in the amount of not less than $1,000,000 combined single limits. The Board of County Commissioners of Collier County shall be listed as an additional insured on said policy. 3. The Skimmers and/or Skimmers' general contractor shall comply with Florida's Worker's Compensation Law. The insurance coverage shall be for statutory limits in compliance with the applicable state and federal laws. The policy must include employer's liability with a minimum limit of $100,000.00 each occurrence. 4. All insurance policies required shall be issued and written with a company or companies authorized to engage in the business of general liability insurance in the State of Florida and authorized to do business under the laws of the State of Florida, with the following qualifications as to management and financial strength: The Company must be rated no less than "A" as to financial rating in accordance with the latest edition of the Best's Key Waiting Guide published by AM Best Company, Inc. The Skimmers and/or Skimmers' general contractor shall deliver to County customary insurance ceruficates of insurance prior to the construction of the grandstand facility which certificates shall clearly indicate and evidence such paid up insurance and that said general contractor has obtained insurance in a type, amount and classification as required for strict compliance with this Agreement. The said general contractor shall agree to make no changes, or cancellations of the insurance without thirty (30) days prior written notice to County. The said general contractor shall assure that the insurance coverage provided shall require the company or companies writing such insurance policy shall provide to County, written notice of cancellation thirty (30) days prior~ to any such proposed cancellation. County reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to the general contractor. Said insurance shall not exceed that required by the County for similar projects. Upon receipt of such notice the General Contractor shall have thirty (30) days in which to obtain such additional insurance. Article 6. Utilities. The Skimmers will be responsible for all utility service charges during the construction of the grandstand facility. Article 7. Development. Skimmers shall be responsible for the retention of all necessary professionals, contractors and s~"""~ntractors, etc., to complete the construction of the grandstand facility. All of same shall be legally ~ ~d to do business in Collier County and possess valid Occupational Licenses. Skimmers shall be responsible for all payments to all of same and does hereby and shall indemnify and hold harmless County for any claims against County arising out of the construction of the grandstand facility. Skimmers shall use all due diligence to attempt to obtain reasonable bids and quotes for each phase of construction of the project. County may review all bids received by the Skimmers. The facility must be designed as shown in the attached Site Plan. Article 8. Financing. 1. County agrees to contribute to the development of the facility in the amount of $53,415.91 for the remaining construction of the grandstand facility. This amount represents the remaining unspent balance of the project funds. The Skimmers covenants and agrees that it will continue to solicit contributions and donations from other members of the community to help offset the expense of the construction of the grandstand facility. They shall provide the County with written updates as to the financing and expenditure of County funds for this project. The County reserves the right upon reasonable notice to audit the account or accounts for the construction project. 2. Payments shall be made to the Skimmers within 30 days of receipt of a summary invoice and the supporting invoices from the project's general or sub-contractors, and upon satisfactory review by the County or its authorized representatives. Due to the inordinate delay in permitting this project, invoices may be dated prior to the term of this agreement upon satisfactory review by the County or its authorized representative that the work was performed toward the design, permitting or construction of the grandstand facility. Article 9. General Provisions. 1. The Skimmers 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 for additional protection of the demised premises shall be the sole responsibility and cost of the Skimmers and shall involve no cost or expense to County. 2. Skimmers agree that the facility shall be open to the public; however, the Skimmers shall have priority use of the facility for activities, performances, practices, events, and or programs after County activities are scheduled as long as Skimmers remains a not-for-profit corporation in good standing and maintains an active roster of at least twenty-five (25) youths who are 19 years of age or younger. It is hereby agreed that a schedule of dates for activities, performances, practices, events, and or programs shall be established in advance by both the County and the Skimmers so as to avoid scheduling conflicts. This schedule must be agreed upon no later than 30 days prior to event, league, or program. Skimmers expressly agrees for itself, its successors and assigns, to refrain from any use of the demised premises that would interfere with or adversely affect the operation or maintenance of the County's operations at the park. Article 10. Termination Should the Skimmers' general contractor be found to have failed to perform his services in a manner satisfactory to the County as per Specifications, the County may terminate this Agreement immediately for JAN 2 b 1j j9 c"'l? with a fourteen (14) day written notice. The County shall be sole judge of non-performance. ly shall be responsible for payment of all work performed up to the date of termination. Article 11. Effective Date This Agreement shall become effective upon execution by County and Skimmers. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. As to County: Dated this day BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA of 1997 Attest: Dwight E. Brock, Clerk of Courts By: P, AMELA S - MAC ' KIE , CHAIRWOMAN As to Skimmers: P-~d this day Gulf Coast Skimmers Water Ski Show, Inc. ot 1998 By. John V. Gursoy, President WITNESS: (Corporate Seal) (Primed Name: (Printed Name: Approved as to form and legal sufficiency: David C. Weigel County Attorney EXECUTIVE SUMMARY AWARD A CONCESSION AGREEMENT FOR THE GOLDEN GATE POOL. Objective: That the Board of County Commissioners award That's Amore' in Napoli a concession agreement to sell food and sundry items at the Golden Gate Pool. Consideration: Last August the Board terminated an agreement for concession services at the Golden Gate Pool as the vendor's profits did not meet their expectations. Since that time staff has received numerous requests to find a new vendor, as the public appreciates the customer service and the menu variety that a vendor provides. Subsequently, That's Amore' in Napoli, a local vendor, approached staff with an offer to mna concession service at the pool. In normal circumstances an RFP would be the appropriate approach; however, the last RFP from February 1996 attracted only one proposer and a prior RFP did not receive any responses; therefore, staff is comfortable with the negotiation of this agreement without a competitive bid process. The vendor will provide food and sundry services during the pool 's busiest times: weekends, holidays, and school holidays (including summer vacation). In exchange for this consideration, the vendor will remit to the County 15% of total gross revenues or a minimum of $200 / monthly. The term of the initial agreement is for two years with an option to renew for an additional two one (1) year extensions under the same terms and conditions as the original agreement. Growth Management: None Fiscal Impact: It is estimated that revenue in the amount of $1600.00 will be received into General Fund, Golden Gate Aquatic Facility, Concession Fees - Taxable (001-156313-347908) from the concessionaire. Recommendation: That the Board award said agreement and authorize the chairwoman to execute the agreement. (]John Du?muck, Operations Coordinator Department of parks and Recreation Reviewed by: f/~/d~ ;~/// Date ['IY"~'~' ,larla Ramse , B/rector/ Department of Parks and Recreation Steve Camell, ~irector Department of Purchasing Reviewed by: 4jtl, h~cz Thomas W.i)llifSf,'Admini/jBitdr Division of Public Services , I~fl ...... Executive Summary APPROVAL TO AWARD BID # 98-2887 TO SHAMROCK PLUMBING INC. FOR ON-CALL PLUMBING EQUIPMENT REPAIR AND MAINTENANCE OBJECTIVE: Have the Board of Collier County Commissioners award Bid # 98-2887 to Shamrock Plumbing Inc. for the purchase, repair, maintenance and installation of plumbing equipment. CONSIDERATIONS: On November 12, 1998, the Purchasing Department solicited bids for the purchase, repair, maintenance and installation of plumbing equipment. The selection of a vendor was based on a pricing formula taking into account the different categories for labor costs Those categories included: cost per hour for Master Plumber, Journeyman, Helper/Apprentice and general laborer. In addition, consideration was given for emergency response time, on-call non-emergency response time and markup over actual cost for materials. Shammrock Plumbing Incorporated was the only vendor to repond within the time allotted. Their pricing, as compared to previous vendors, is very competitive. They are also well equipped to handle any and all of the County's plumbing repair needs. These services are utilized throughout the County for repairs, remodeling and new installation of plumbing equipment and fixtures. FISCAL IMPACT: Plumbing repair and maintenance expenses average $55,000 annually. Funds are budgeted in various operating and capital cost centers. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of Collier County Commissioners award Bid # 98-2887 to Shamrock Plumbing Inc. for the purchase, repair, maintenance and installation of plumbing equipment. Executive Summary Cont. On-Call Plumber Page 2 of 2 SUBMITTED SY~)aniel,R. Rodri'gU~C'ici~les Manager Date: Department of Facilities Management REVIEWED BY: ~ Date: Sk'i~ Camp, CFM, Director Department of Facilities Management REVIEWED BY: :,~!~-. '- ~ ,", '~---'~;'~ ' '~ Date: - '7 -~'2: ,; Stephe~ Y. Cameil, Director Purchasing Department .- APPROVED BY: .... ':' I ' / -- Date: "" '~ Leo E. Ochs, Jr., Xd~nigtistrat~;r Support Services Division JAN 2 6 1999 EXECUTIVE SUMMARY APPROVAL TO PURCHASE THREE (3) FULL-SIZE, 2-DOOR, 4-WHEEL DRIVE UTILITY VEHICLES FROM THE STATE OF FLORIDA AUTOMOBILES AND LIGHT TRUCKS CONTRACT. OBJECTIVE: Obtain Board of County Commissioners approval to purchase three (3) full- size, 2-door, 4-wheel drive utility vehicles from the State of Florida Automobile and Light Trucks Contract #070-001-99-1. CONSIDERATION: The Board has a contract with Tamiami Ford, Bob Taylor Chevrolet, and DeVoe Pontiac/GMC Trucks for purchase of automobiles and light trucks. Each year specifications are sent to each of the dealers and they submit bids according to set discounts from invoice price and other dealer and factory fleet incentives. Bids are awarded to the dealer with the lowest bid for a particular specification. This year, Bob Taylor Chevrolet and DeVoe Pontiac/GMC Trucks did not bid on any specifications. DeVoe is not currently manned to handle a fleet program. The sales manager for Bob. Taylor stated they did not bid due to new rules by Chevrolet where fleet sales counted against their allocation for retail vehicles. Tamiami Ford was thus awarded each bid they submitted. Tamiami did not bid on two specifications for full-size 2-door utility vehicles because Ford does not build the 2-door version. Of the three manufacturers represented on our contract, only Chevrolet built a full-size 2-door utility vehicle for 1999. This type of vehicle was not on the Florida Sheriffs Association/Florida Association of Counties bid. The State of Florida awarded the bid for full-size 2-door utility vehicles to Bell Chevrolet, Plant City, Florida. The State contract price for the vehicle per specifications is below dealer invoice. State contract prices and Collier County contract prices are normally within a few dollars of each other. There is little likelihood that a separate bid for three vehicles would be below the State contract prices since vendors bid on the State contract in view of high volume sales. With the above considerations, the State contract appears to be the best option for purchase of the three vehicles, which are replacements of like-type vehicles in the Pollution Control and Public Works Engineering Departments already approved by the Board. FISCAL IMPACT: The cost of the three vehicles is $71,865.00 under State contract prices. A total of $75,000.00 was budgeted for FY 1999 in Fund 522-122464-764110 (Motor Pool Capital Recovery) to purchase these particular replacement vehicles. ..._, GROWTH MANAGEMENT IMPACT: None, these are replacement vehicles and do not increase the number of vehicles in inventory. JAN 2 6 1999 , Pg'. / EXECUTIVE SUMMARY, APPROVAL TO PURCHASE THREE (3) FULL-SIZE, 2-DOOR, 4-WHEEL DRIVE UTILITY VEHICLES FROM THE STATE OF FLORIDA AUTOMOBILES AND LIGHT TRUCKS CONTRACT (Continued). RECOMMENDATION: Approve purchase of three (3) Chevrolet Tahoe 2-door, 4-wheel drive utility vehicles from Bell Chevrolet using the State of Florida Automobiles and Light Trucks contract -for a total price of $71,865.00. // Prepared By: "' , ~, ( . Date: Dan Croft, Fleet Manager Reviewed By: " : ,) ~ ,; ':7 ~> ' Date: Skip Camp, Facilities' Management Director Steve Car~nell, Purchasing Director Reviewed By: ' ' ' Date: Leo Ochs, Support Services Administrator AGENOA I,T[N "1 J A N 2 6 1999 EXECUTIVE SUMMARY AWARD CONTRACT #95-2338 TO LAW ENGINEERING AND ENVIRONMENTAL SERVICES INC. FOR THE REPLACEMENT OF INTEGRAL PIPING ON UNDERGROUND FUEL STORAGE TANKS. OBJECTIVE: To award a contract to La~v Engineering and Environmental Services Inc. for the replacement of the integral piping of four underground fuel storage tanks on the main Campus and the Immokalee Jail Center. CONSIDERATION: On July 13th, 1998 the Florida Department of Environmental Protection adopted new regulations governing underground fuel storage tanks. Under these new guidelines (Fla. State chapter 62-761.), all underground fuel storage tanks must have secondary piping and or corrosion resistant piping. This rule mandated that all underground fuel tanks be under contract, or comply with the newly adopted regulations by December 31, 1998. Currently, three tanks on the Main Campus and one tank at the Immokalee Jail Center do not have the correct piping to meet the State's requirements. As part of the FY 1998-99 annual budget process, the Department of Facilities Management .... received Board approval for funding of the replacement of the integral piping at the Main Campus and Immokalee Jail Center. Law Engineering Inc. is currently on an atmual professional service agreement for engineering and environmental services (RFP 95-2388). Law Engineering has proposed to perform the retrofit for $92,000: FISCAL IMPACT: This project was anticipated and budgeted for in the Countywide Facilities Capital Budget (301-120435). Total cost for this retrofit project is $92,000. GROWTH MANAGEMENT IMPACT: None RECO2NIMENDATION: That the Board of Collier County Commissioners award the contract to Law Engineering & Environmental Services, Inc., after review by the County Attorney's Office, and authorize the Chairman to execute. NAo?E,/~_/,A ITEM ,':, ,:;:-Z... .... JAN 2 Executive Summary Cont. Contract for Fuel Tank Retrofit Page 2 . ,- · SUBNIITTED BY: ,.f~~~,/~ Date: Dar;iel R. l~odriguez~ 'Faacit~t'~es 1Q/Ianager Department of Facilities Management Skip Camp, CFM, Director Department of Facilities Management APPROVED BY: ~ .~ , r -: ,, Date: :' ' Leo E. Ochs, Jr., Administrator Support Services Divigion J A N 2 6 1999 P9. ---L _ APPROVAL AND EXECUTION FOR SATISFACTIONS OF CLAIM OF LIENS FOR WATER AND/OR SEWER SYSTEM IMPACT FEES OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfactions of Claim of Liens. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, recorded the Claim of Liens in the Office of the Clerk of the Circuit Court of Collier County, Florida. 1) Robert M. Schultz & Ruth Ann Matre securing the principal balance of $1960.00 plus accrued interest and penalties. 2) Anderson Development West Inc. a Florida Corporation securing the principal balance of $900.00 plus accrued interest and penalties. 3) Anderson Development West Inc. a Florida Corporation securing the principal balance of $1340.00 plus accrued interest and penalties. 4) Arthur Levine and Lisa Ann Schaffer securing the principal balance of $1340.00 plus accrued interest and penalties. 5) First Church of the Nazarene of Pompano Beach Inc. securing the principal balance of $2440.00 plus accrued interest and penalties. 6) Phillip A. Arena and Patricia D. Arena securing the principal balance of $1340.00 plus accrued interest and penalties. 7) Kennth K. Kersey securing the principal balance of $3350.00 plus accrued interest and penalties. """" 8) Louis Soriero securing the principal balance of $1340.00 plus accrued interest and penalties. 9) Ed'S Electric Service, Inc. securing the principal balance of $2500.00 plus accrued interest and penalties. 10) Michael David Holland securing the principal balance of $2500.00 plus accrued interest and penalties. 11)Rodney M. Stanley securing the principal balance of $1340.00 plus accrued interest and penalties. 12) Jean France securing the principal balance of $1340.00 plus accrued interest and penalties. 13) Norman T. Reinertsen and Lillian B. Reinertsen securing the principal balance of $1340.00 plus accrued interest and penalties. 14)James J. Gruszka and Mary M. Gruszka securing the principal balance of $1100.00 plus accrued interest and penalties. 15)Anderson Development West Inc. securing the principal balance of $1340.00 plus accrued interest and penalties. 16)Anderson Development securing the principal balance of $900.00 plus accrued interest and penalties. 17) Keith T. Dion and Jeannine M. Dion securing the principal balance of $1340.00 plus accrued interest and penalties. 18)Orval K. Hill and Elizabeth H. Hill securing the principal balance of S1340.00 plus accrued interest and penalties. Full payment and satisfaction of these liens have been made. The County Attorney's Office has reviewed and approved the Satisfactions of Claim c,:u i~n,~ -J A N 2 6 1999 pg.... i FISCAL IMPACT: Payment in full of these Claim of Liens increases the cash flow in the County's sewer impact fee fund by $27,250.00. (Account No. 413-263611-343560) This will also increase the County's Water impact fee fund by $1800.00. (Account No.411-273511 - 343360). The fiscal impact for recording the satisfactions of liens is approximately $126.00, which is to be charged to account No. 510-102020-649030, Department of Revenue. GROWTH MANAGEMENT: None RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of these liens and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfactions of Claim of Liens. ""/~,. ~*-,~, '- Prepared by: ,"":"'/;~~,"'7 ~'~" .:/],""2//~'''f~ //'1'~ Date: 1 Ga~"'~'lorocc!;/; R~v~nue Supervisor '/' / " Depa~ment%f Revenue Reviewed by: ~%,,z~-- 2.,,'% -~%:'%.~--~ Date: Joh'~',,Yonkosky,- ectoF" ' .....~ Depa~ment ~f Revenue .... ~ ~ ,, ,.' Approved by:. ' "' L : '. Date: ,. ' Leo Ochs Jr., Administrator Suppod SeNices AGENOA ZTEH J A N 2 6 1999 Po.... EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #98-2898 FOR THE ADVERTISING OF DELINQUENT REAL ESTATE AND PERSONAL PROPERTY TAXES. OBJECTIVE: To obtain advertising services pertaining to the referenced properties pursuant to state law and the County's purchasing policy. CONSIDERATIONS: Pursuant to Chapter 197, F.S., counties are required each year to advertise the list of real estate and tangible personal properties for which annual tax payments have not been collected prior to final resolution of the unpaid debt. The list of delinquent real estate properties is to be advertised at least three times prior to the sale of tax certificates. The list of delinquent tangible personal properties must be advertised at least once prior to the issuance of warrants. Section 197,F.S. calls for the Board of County Commissioners to select the newspaper for advertising the referenced lists of delinquent properties. In the event that the Board does not select the newspaper, the Tax Collector makes the selection. On December 3, 1998, solicitations were sent to six (6) area publications. On December 18, 1998, proposals were received from one (1) newspaper, Tuff Publications, Inc. A copy of the tabulation sheet is attached to this summary. The specifications call for the successful bidder to publish the Delinquent Real Estate Tax Roll and the Delinquent Personal Property Tax Roll in the edition/issues agreed upon by the County, in a minimum of one thousand (1,000) copies of a newspaper of general circulation in Collier County as defined in Chapter 50, F.S.. Tuff Publications proposes to fulfill the legal considerations and bid requirements by publishing these materials in the Everglades Echo. In addition, Tuff Publications proposes to include the delinquent tax advertising in the Golden Gate Gazette and the Naples Shopper at no additional charge. AGENDA ITEM JAN 2 !:g .___L_/:_ FISCAL IMPACT: The cost per household is as follows: Method PublicationS(s} Total Cost Est. Circulation Cost/Household Full Distribution Everglades Echo $56,960 3,000 S18.99 Full Distribution * Everglades Echo $56,960 50,000 1,14 · Includes publishing three (3) times in Everglades Echo plus Golden Gate Gazette and the Naples Shopper for a total circulation of 50,000. The estimated cost of the advertising (a total of four insertions under the proposed bid offer is $57,000, though this figure is subject to variation depending on the number of properties listed. Upon selection of the newspaper, the Tax Collector' s office is responsible for placing and paying for the advertising. The cost of the advertising is ultimately recovered from the buyers of tax certificates or the original property owner. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid #98-2898 to Tuff Publications, inc. as shown herein for the advertising of delinquent real estate and personal property taxes for 1998. k PREPAR~.D mr: _ ~, , L /: ,~''' DATE: Gwen Butler, Senior Buyer 4, I. · ~' DATE: REVIEWED BY: _,I ,, ,(k~- '- <' ~ Steve Camell Purchasing/G eral Services Director REVIEWED BY: ~(' L~ -~ ......... DATE: Leo 6chs Jr. x/' Support Services Adm$~kstrator ?.' AGENDA ITEM ._,. No./~ JAN 2 6 pg._ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND EXECUTE THE NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER SYSTEM IMPACT FEES OBJECTIVE: Recommendation to approve and execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees between Winterview Court LDT a Florida Limited Partnership and the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. CONSIDERATIONS: The Board of County Commissioners at their April 18, 1991 meeting authorized the Utilities Division to work with any persons wishing to enter into an agreement to extend payment of either water and/or sewer system impact fees, and to bring any such agreements to the Board of County Commissioners for their consideration if the amount exceeds $6,000.00. Winterview Court LTD a Florida Limited Partnership, owning and operating commercial property, contacted the Revenue Services Department regarding extending payment of the sewer impact fees imposed upon them upon connection into the County's regional sewer system, said impact fee totals $10870.00. The owners have executed a Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees in accordance with Board direction at their April 16, 1991, meeting. In addition, the owners have deposited $85.18 to cover state document stamps and recording fees associated with providing extended payment. The County Attorney's office has reviewed and approved the Agreement. FISCAL IMPACT: Entering into this Agreement will defer payment of the impact fee over a seven (7) year period at an interest rate currently at 5.52 percent. GROWTH MANAGEMENT IMPACT: Collier County Ordinance No. 90-87 established the Board's policy that improvements and additions to the Regional Sewer System required to accommodate future connections or demand by Sewer System Impact Development shall be funded entirely by the revenue derived from the Sewer System Impact Fee. Therefore, new users should pay their fair share of costs of the system. At this time it is not expected that the diminished funds in the Sewer Impact Fee Trust account resulting from this agreement will inhibit the County's growth management or concurrency obligations. J A N 2 6 1999 ~age 2 Executive Summary RECOMMENDATION: Recommendation to approve and execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fee between Winterview Court LTD a Florida Limited Partnership, and the Board of County Commissioners of Collier County, Florida, as the Governing Bod-, of the Collier County Water-Sewer District. Authorize Chairman to execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fee. ,---Agenda Date: January 26, 1999 Revenue~ Services Y'J n YoRenu~kosk;:~ Reviewed b · J - Servi( Approved by: -~- ~-' / --""""> h r. Adm'/' / / AGENOA No./5/ST'~'N J A N 2 6 1999 pg. N~ 1014 This instrument prepared by: n Office of the County Attorney 3301 E. Tamiami Trail Naples, Florida 33962 (813)774-8400 NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES This Agreement made and entered into thisL(L..day of3anuary _ , 19 ,99, by Winterview Court LTD Whose mailingaddressis 4173 Domestic Ave. a Florida Limited Partnership Naples, F1.34 104 nereinafter "Owner") and the Board of County Commissioners of Collier County, Florida acting as the }overning Body of Collier County and the ~x-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter "County"). RECITALS: A. The parties to this Agreement adopt and incorporate into this Agreement by reference the Collier County .egional Water and/or Sewer System Impact Fee Ordinances in there entirety, same being more particularly escribed as Collier County Ordinance No. 90-86 and No. 90-87, including any amendments thereto, and/or its accessor in function. B. Owner represents and warrants to the County that he is the record fe~ iitte owner of certain lands situated ithin the Collier County Water-Sewer District (hereinafter "Property"), which have thereon existing Build- ~gs, structures and/or other improvements, and which are mandated to connect to the Regional water and/or ~wer system, said Property more particularly described below: See Exhibit A C. Owner represents and warrants to the County that the party or parties identified herein as Owner ~nstitute all persons or entities who are the record owners of the Property. D. Owner acknowledges and agrees that this Property is Water and/or Sewer System Impact Development hich has not heretofore paid applicable impact fees to the County, and as such, is subject to the imposition Water and/or Sewer System Impact Fees (hereinafter "Impact Fees") by the County. JAN 2 6 1999 23/96-2 N_o lu14 WITNESSETH: NOW THEREFORE in consideration of the above Recitals, the covenants exchanged herein, the County's ~rov of certain regional utilities service to the Property, the County's consent to allow the extended 3ayx .' the Impact Fees in installments over time, the Owner's promise to pay the Impact Fees and all costs assoc~.,~cd therewith and other good and valuable consideration exchanged amongst the parties, the parties agree and covenant with each other as follows: 1. The above Recitals are true and correct and are incorporated herein. 2. Owner will pay the subject Impact Fees to the County, together with any title verification expenses, -ecording fees, and any reasonable estimation of the cost and expense associated with providing an extended Payment alternative itemized as follows: Water Impact Fee ................................................$ Sewer Impact Fee ................................................$ ~ n; '77n nn Accrued Interest on Lien ...................................... $ Title Verification Expenses ................................... $ ~. nn Transactional Fees, (recording fees, documentary stamps, etc.) ................................. $ 85.15 · Extraordinary Administrative Expense associated with providing extended payment alternative ............................................ $_ 1 no. o~ · TOTAL DOLLAR AMOUNT FINANCED .......... $ In: ~7o .0{3 3 turn for the extended payment alternative that Owner has received, Owner promises to pay to ~e oh ( the County the principal sum reflected in Paragraph 2 above as the TOTAL DOLLAR ~MOUNT FINANCED with interest on the unpaid principal balance from the beginning of the second full ~onth following the date of this Agreement. The interest charged shall be adjusted during January of any alendar year and shall be based on the County's cost of funds for the immediately proceeding fiscal year. 4. Owner covenants to make monthly payments at any address or location designated by the County eginning with the second full month following the date of this Agreement in the amount of $ 155.79 . and a like amount payable each and every month thereafter over a seven (7) year period, ~e end of which shall be the maturity date. 5. On the maturity date, A FINAL BALLOON PAYMENT consisting of any remaining principal balance, :crued interest and other charges shall be due and payable. 6. If the County, in its sole discretion, determines that the monthly installments on the extended Impact Fees ~ould appear on the Owner's water and/or se~er bill, Owner will make full and timely payment of the entire ilities bill including any extended Impact Fec~ installments. Owner covenants not to attempt to partition the II or pay either the utilities' portion without paying the Impact Fees portion or vice-versa. 7. All payments under this Agreement shall be applied first to interest, then to any other unpaid charges at may be imposed by or appear on the Owner's utility bill, then to any other charges that may be imposed der this Agreement, with the remainder applied as a reduction of the remaining principal balance under this ;reement. Owner may pay the entire unpaid principal balance and any accrued interest or other charges at y time without penalty. If Owner makes a partial payment of principal, there will be no delay in the due date any subsequent payment due from Owner. 8. C>""-er covenants that Owner is lawfully seized of the Property and has the right to mortgage, grant and nve Property and that the Property is unencumbered, except for encumbrances of record. Owner .rran. .,d will defend generally the title of the Property against all claims and demands subject to any :umbranoes of record. No.~ 9. Owner covenants to promptly pay when due the principal and interest on the debt evidenced by the :teemerit and will at all times keep its water and/or sewer, and if applicable, irrigation utilities bill current. Pg., 1014 O. Owner covenants to pay all property taxes, including all non-advalorem assessments, assessments, charges, ines and other impositions attributable to the Property which may in any way attain priority over the County's ,en against the Property resulting from providing an opportunity for extended payment of the subject Impact ees. Owner shall promptly discharge any lien which has priority over the lien evidenced and contemplated by 'fis Agreement unless Owner: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to County; (b) contests in good faith the lien by, or defense against enforcement of the lien in, legal proceedings which in the County Attorney's opinion operates to prevent enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to County subordinating the lien to the interest of the County in obtaining full payment of the subject Impact Fees. ~ County determines that any part of the Property is subject to a lien which may attain priority over the County's ghts to full payment of the Impact Fees, County may give Owner a notice identifying the lien and Owner shall atisfy the lien or take one or more of the actions set forth above with in ten (10) days of the giving of notice. 11.The proceeds of any award or claim for damages, direct or consequential, in connection with any ondemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby ssigned and shall be paid to the County. 12. If the existing Buildings, structures and applicable improvements on the subject property consist of a ~obile home park or rental housing, Owner covenants and agrees, for the benefit of all affected occupants, to ass through and on the same terms all the benefits of any extended payment of these Impact Fees to the affected zcupants. 13. Owner will be in default under this Agreement if Owner fails to make any payment exactly on time, if wner files a petition of any kind in Bankruptcy Court, or if Owner should be in default under any of the ;reements, terms or covenant in this Agreement· If Owner is in default, the County may declare the entire npaid balance under this Agreement and accrued interest thereon to be due immediately without any advance ~tice. The County shall not waive its right to accelerate the payment if it fails to exercise its right for any past :faults. If the County requires Owner to pay the principal balance and the accrued interest immediately in full · described above, the County will have the right to be paid back for all of its costs and expenses in enforcing is Agreement to the extent permitted by applicable law. Those expenses include, for example, reasonable torney's fees and costs, including any attorney's fees or costs awarded by the Appellate Court· 14. Owner acknowledges and agrees that the TOTAL DOLLAR AMOUNT OF IMPACT FEES reflected Paragraph 2 is a fee, rate or charge for the services and facilities of Collier County's regional utility system. arther, Owner covenants and agrees that if any extended payment installment shall not be paid when and as Je, the unpaid balance thereof and all interest accruing thereon shall be an automatic fixed lien on the Property lrsuant to Chapter 153, Florida Statutes, and Chapter 88-499, Laws of Florida. Such lien shall be superior ~d paramount to the interest in the Property of any owner, lessee, tenant, mortgagee, or other person except e lien of county taxes and shall be on parity with the lien of any such County taxes. Further, Owner covenants d agrees that in the event that any such extended Impact Fees installment, or the balance of the Impact Fees ,on acceleration, shall not be paid as and when due and/or shall be in default for thirty (30) days or more, the lpaid balance of the Impact Fees and all interest accrued thereon, together with attorney's fees and costs, may recovered by the County in a civil action, and any such lien and accrued interest may be foreclosed or herwise enforced by the County by action or suit in equity as for the foreclosure of a mortgage on real operty. 15. Owner fully understands and agrees that failure to pay any monthly installments in a timely manner will ~ult in the water to the referenced Property being shut off without further notice and that the water service II not be restored until all outstanding balances are paid in full, including but not limited to outstanding utility arges, turn on charges and reinstatement of the extended Impact Fees installment to current· 16. The extension of time for payment or modification of amortization of the sums secured by this .,,reement granted by the County to any successor in interest of the Owner shall not operate to release the bility of the original Owner or Owner's successors in interest. County shall not be required to commence -- >ceedings against any successor in interest or refuse to extend time for payment or otherwise modify AGENO~ Z,TE~I tortization of the sums secured by this Agreement by reason of any demand made by the original Owner or No. _ ,/,c ·:., _ vner's successor in interest. Any forbearance by County in exercising any right or remedy shall not be a JAN 2 6 1999 Pg o. ,._~" i~o_ 1014 ~vaiver of or preclude the exercise of any right or remedy. The covenants and agreements of this Agreement shall bind and benefit successors and assigns of the County and the Owner. Owners' covenants and agreements shall b~j.0int and several. If more than one person signs this Agreement as Owner, each person or entity is fully and, ally obligated to keep all the promises made in this Agreement, including the promise to pay the full .~mo~ ed. Any person or entity who takes over the obligation under this Agreement is also obligated to ~eep all of the promises made herein. The County may enforce its rights under this Agreement against each person or entity individually or against all of them together. This means that any one person or entity signing as Owner or any one person succeeding to the Owner's interest may be required to pay all of the amount owed under this Agreement. 17. Owner or any other person or entity who has an obligation under this Agreement, waives the right of i~resentment and notice of dishonor. Presentment means the right to require the County to demand payment of tmounts due. Notice of dishonor means the right to require the County to give notice if any amounts due have 3ot been paid. 18. If enactment or expiration of applicable laws, or an adjudication by a court of competent jurisdiction, '~as the effect of rendering any of the provisions of this Agreement or the County's statutory lien rights .menforceable or alters the priority of the County's lien as contemplated and referenced in Paragraph 13, the 2ounty, at is sole option, may require immediate payment in full of all sums secured by this Agreement and nay invoke any remedies permitted hereunder or available by law. If County exercises this option, the County ihall give Owner notice of acceleration. The Notice shall provide a period of not less than thirty (30) days from :he date of notice is delivered or mailed within which the Owner may pay all sums secured by this Agreement. !f Owner fails to pay these sums prior to the expiration of this period, the County may invoke any remedies 3ermitted by this Agreement or otherwise available to it by law without further notice or demand on the Owner. 19. This Agreement shall be governed by the Laws of the State of Florida. In the event that any provision ~r clause of this Agreement conflicts with applicable law, such conflicts shall not affect other provisions of this 4. greement which can be given effect without the conflicting provision. To this end, the provisions of this ~,greement are declared to be severable. 20. Upon payment of all sums secured by this Agreement, the County shall file a notice indicating full -,ayme..~n the appropriate Public Records without charge to Owner. Owner shall pay any recordation cost. 21. 3wner meets certain conditions, Owner shall have the right to have enforcement of this Agreement tiscontinued at any time prior to the earlier: (a) five days (or such other period as applicable law may specify or reinstatement) before sale of the Property pursuant to any power of sale contained in this Agreement; or (b) ntry of a judgment enforcing this Agreement. The conditions are that the Owner: (a) pays the County all sums vhich then would be due under the Agreement had no acceleration occurred; (b) cures any defaults of any other ovenants under this Agreement; (c) pays all expenses incurred in enforcing this Agreement, including, but not imited to, reasonable attorney's fees; and (d) take such action as the County may reasonably require to assure :~at the lien or the lien rights of the County in the Property and the Owner's obligation to pay sums secured by his Agreement shall continue unchanged. Upon reinstatement by Owner, this Agreement and the obligation ecured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate hall not apply in the case of acceleration under Paragraphs 17 or 21. 22. Any notice to Owner provided for in this Agreement shall be given by delivering it or by mailing it by .rst-class mail unless applicable law requires the use of another method. The Notice shall be directed to the roperty address on the utility bill typically delivered by the County to the Owner. The Notice to the County hall be given by first class mail to the County's address on the utility bill, to the attention of the Collier County evenue Services Director, or any other address the County designates by notice to Owner. Any notice rovided for in this Agreement shall be deemed to have been given to Owner or the County when given as rovided in this Paragraph. If all or any part of the Property or any interest in it is sold or transferred to ther than a person related to the Owner by blood or marriage (or if a beneficial interest in the Owner sold or transferred and Owner is not a natural Person) immediate payment in full of all sums secured y this Agreement shall be due and payable. If these sums are not paid in full upon such sale or transfer, ~e County may invoke any remedies permitted by this Agreement or applicable law, including but not limited , the refusal to open a new utilities account and/or provide or turn on the water service. 23 ~ ;s agreement shall be recorded in the Public Records of Collier County to reflect a vested, fixed, and on the property. ~I~K)A ITEM 24. ThisAgreem~ntsha~~bebindingup~nthe~wner~th~~wner~ssuccess~rsandassignsandshaI~runwith e Property. J A N 2 6 1S 9 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. Fees was acknowledged before me this 16 day of December, 1998, by Andrew J. Saluan, , general partner of Winterview Court LTD., a Florida Limited Partnership, who is personally known to me or who has produced Drivers License ~ 't'Eo -~ ;j'.2~. -D as identification. =,: ,.. --%TTEST: ~c;~'/ICfit,St~"';'~ BOARD OF COUNTY COMMISSIONERS :)WIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT. ~TATE OF FLORIDA BY: 3OUNTY OF COLLIER Chairman HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take ~cknowledgments, personally appeared , Chairman, well known to me to be the Chairman of the ~oard of County Commissioners, Collier County, Florida, As The Governing Body of Collier County and as Ex-Officio ~e Governing Board of The Collier County Water-Sewer District, being authorized so to do, executed the foregoing Jotice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees for the purposes therein ontained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the -ue seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this __ day of _, 19_. Notary Public My Commission Expires: Dproved as to form ~d legal su ' ie cy: i AGENOA ITE~ ""Tn,A,, f~~ No._/~...: ssis~ant ~odnty Attorney J A N 2 6 1999 Exhibit A Commence at the Northwest comer of Tract B of Four Seasons, according to the plat thereof recorded in Plat Book 10 at Pages 95 through 97, Public Records of Collier Count% Florida, and run S00°08' 12"E for 31.00 feet to the Northwest corner of Lot 2 of said Winterview Court; thence run S89°15 '03"E along the North line of said Lot 2 for 150.00 feet to the "Point of Beginning"; Thence continue S89°15' 03"E for 102.47 feet; thence run S44°15'03"E for 39.59 feet; thence run N00°08' 12"W 59.00 feet to the North line of said Tract B; thence run N89°! 5'03"W along the said North line for 130.03 feet; ~-~ thence run S00°08' 12"E for 31.00 feet to the "Point of Begirming"- ;RN TO: ,~.~ .d~PHY ,~/FIRM --.UtTEE A ,,,.~.... -.-"'.~RT ROAD N. ;,. :,. 34105 J A N 2 tS 1999 Pg .... ,,~"' ,-- EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY TO ACCEPT STATE AND LOCAL ASSISTANCE FUNDING FOR EMERGENCY MANAGEMENT ACTIVITIES OBJECTIVE: That the Board of County Commissioners approve Agreement #99EM- 8X-09-21 - 10-011 between the State of Florida Department of Community Affairs and Collier County providing for State and Local Assistance funding for Fiscal Year 1999, adopt a Resolution indicating Board approval of the Agreement, authorizing the Chairman to accept and execute the Agreement with all understandings and assurances contained therein, and to act in connection with the Agreement. That the Board of County Commissioners approve the attached Budget Amendment increasing funds available to the Emergency Management Department for disaster preparedness related activities. CONSIDERATION: Each year the ~3oard of County Commissioners participates with the Department of Community Affairs by accepting State and Local Assistance (SLA) funding to partially offset costs for maintaining a comprehensive emergency management program. The amount of State funding for FY 1999 is $38,855.00, which is to be matched by Collier County. The amount of $3g,000.00 was initially included as revenue in the Emergency Management budget. FISCAL IMPACT: Increase in revenues of $855.00 in General Fund 001, Cost Center 144210 (Emergency Management Administrative), Revenue Code 331230 (Emergency Management Assistance Federal Grant). GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the Agreement for State and Local Assistance for FY 1999 with the State Department of Community Affairs, adopt the Resolution authorizing the execution and acceptance of said Agreement, and approve the necessary Budget Amendment that would increase the · ---, REVIEWED BY: ChiefI~ia/n/e~Flag,g' Emergency Services Director APPROVED BY: ~-~C;' ~,<L,~'~'''' Date: ,,//;~ ~,c~ a~m~ ~' "S _ .. . L\ Leo Ochs, Jr., Sup ort ~Servlces Admlmstra r . J A N 2 6 1999 EXECUTIVE SUMMARY APPROVAL OF A DISASTER RELIEF FUNDING AGREEMENT WITH TIIE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS. OBJECTIVE: For the Board to approve a Disaster Relief Funding Agreement (reviewed by the County Attorney for legal sufficiency) with the State of Florida, Department of Community Affairs regarding Hurricane Georges, declaration no. FEMA-3131 -EM-FL. CONSIDERATION: In late September 1998, Collier County experienced the effects of Hurricane Georges. Throughout Collier County, efforts were made to prepare for this storm to ensure the protection and safety of its citizens and property. These precautions had to be carried through the storm and then measures had to be taken to restore the County to its original operations. In order to perform these functions, County dollars were expended on labor, supplies, and equipment. These expenditures have been designated as eligible for reimbursement from the Federal Emergency Management Agency. FEMA categorizes the expenditures into three separate time periods with different reimbursement percents. From September 22-24, the County --- will be reimbursed at 75%, from September 25-27 at 100%, and from September 28- October 2 at 75%. The County will also receive reimbursement from the State at a rate of 12.5% for those time periods that FEMA only reimburses at 75%. The net cost to Collier County will be $50,100 compared to the total cost of approximately $895,000 or 5.6%. FISCAL IMPACT: If the Disaster Relief Funding Agreement is approved, there will be reimbursement to Collier County of approximately $895,000. Reimbursement will be deposited into the respective Funds from which the initial costs were expended. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the Disaster Relief Funding Agreement with the State of Florida, Department Of Community Affairs to allow us to receive reimbursement for expenditures related to Hurricane Georges. SUBMITTED BY: ~.i~l~,kt.,J"~.Jx~g] Date: 1.15'.qcl Michelle. M. Johnssen, Budget Analyst REVIEWED BY: fZ~__d~5.d-.-~d Date:/"/5'q2' Micl~el Smykowski, Budget Director ..-, APPROVED BY: /-~ ]'' ' Date: AGENDA' ITEM -'- ... Robert Fernandez, Co~ty Administrator ' No./~ d- ~: 0 J A N 2 6 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of January 26, 1999 General (Fund 001) Budget Amendment #99-108 Housing & Urban Improvement Grants $9,397 Reserves Contingencies (9,397) Total: '0- Explanation: To pay an outstanding invoice for Economic Development Program from FY-98. The purchase order was closed inadvertently at the end of the fiscal year. Public Works (Fund 301) Budget Amendment #99-106 Capital Projects Building Improvements $12,000 Building F Renovations &Other (12,000) Total: '0- Explanation: New dehumidification equipment at Immokalee Clinic and Golden Gate Park Administration Building. Solid Waste (Fund 472) Budget Amendment #99-112 Capital Data Processing Equipment $ 3,000 Other Operating Supplies (3,000) Total: '0- Explanation: Purchase of replacement computer for Recycling Coordinator. "*'- AGENDA ITEM No.. JAN 2 6 1999 Pg... I Parks & Recreation (Fund 001) Budget Amendment #99-131 Parks & Other Property Other Contractual Services $840 Reserves Contingencies (840) Total: -0- EXplanation: Pay for unexpected cost of tree removal as a result of Lethal Yellowing. AGENDA ITEM No. JAN 2 6 pg. 2_ . EXECUTIVE SUMMARY APPROVAL OF A CONTRACT AMENDMENT WITH HENDERSON, YOUNG & CO. OBJECTIVE: Board authorization of a contract amendment with Henderson, Young & Company related to the preparation of a correctional facilities impact fee rate study, and an update of the law enforcement impact fee study. CONSIDERATIONS: On March 18, 1997, the Board authorized staff to negotiate a contract agreement with Henderson, Young, & Co. to prepare three work products; the nature of each work product and the current status of each is identified below. Correctional Facilities Impact Fee Feasibility Study The initial component is the preparation of a feasibility study 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. The outcome of this analysis will give 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. The consultant will provide findings and recommendations on the feasibility of implementing such an impact fee, including initial estimated ranges of fee levels and revenues. Status: The estimated cost of performing this feasibility study, including travel expenses, was $11,750. Completed at a cost of $11,703.55. Correctional Facilities Impact Fee Feasibility Study The second component involves the preparation of a full scale, legally defensible correctional facilities impact fee rate study. This rate study will resolve specific issues that are not included in the scope of the feasibility study, including credits for other revenue sources also used by the County to pay for the capital facilities required by growth, and the allocation of costs (based on demand) to land use types. Status: The estimated cost of performing this correctional facilities impact fee rate study, including travel expenses, is $40,250. Total paid to date = $24,591.06. Outstanding invoices of $76.10. Consultant to present draft rate study results to the Board of County Commissioners and finalize based on input received. JAN 2 6 199,~ ........ Update of Law Enforcement Impact Fee Rate Study The f'mal component provides for an update to the 1992 Law Enforcement Impact Fee rate study, prepared previously by Henderson, Young & Company on the old data. The methodology described in the August, 1992 study will be updated to apply the research to the calculation of the law enforcement fee. Data will be analyzed to calculate the updated impact fee and the results will be documented in a new rate study. Status: The estimated cost of updating the law enforcement impact fee rate study, including travel expenses, is $43,500. Total paid to date = $42,522,69. Outstanding invoices of $8,009.18 including additional survey work authorized by staff to compare workload data provided by the Sheriff to other comparable jurisdictions. Consultant to present draft rate study results to the Board of County Commissioners and finalize based on input received. Proposed Contract Amendment Staff negotiated a contract for a not-to-exceed amount of $95,000 for the three work products outlined above. The total paid to date amounts to $78,817.30. Staff is requesting authorization of a contract amendment that would change the not-to-exceed amounts for each individual study totaling $95,000 to an overall not-to-exceed contract amount of $95,000 for work outlined above. This will provide contract flexibility in completing the balance of the impact fee rate studies, including presentation to the Board of County Commissioners of the final rate study results. The total cost of completing the three work products will not exceed the total initial contract amount ~ -""- of $95,000. GROWTH MANAGEMENT IMPACT: None, FISCAL IMPACT: The total estimated cost of performing all three study components was $95,500. The Board approved a contract in a not to exceed amount of $95,000. Approval of this contract amendment will not increase the County's liability for this work beyond the original contract amount of $95,000. Funds for the balance of this work are available in the General Fund, Office of Management and Budget operating budget (001 - 101520). RECOMMENDATION: That the Board of County Commissioners: 1 ) authorize the aforementioned contract agreement with Henderson, Young, & Co. 2) authorize the Chairman to sign the contract amendment which was reviewed by the County Attorney's Office for legal sufficiency. Mic,,,h53, el Smykowski, OME Director January 18, 1999 Robert Fernandez,. Coianty Administrator January 18, 1999 pg... BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JANUARY 26, 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. December 21 - 25, 1998 B. December 28, 1998 -January 1, 1999 C. January 4 - 8, 1999 3. Districts: A. Big Cypress Basin Board of the South Florida Water Management District o Minutes of October 30, 1998 meeting and agenda of December 3, 1998 B. Collier Soil and Water Conservation District - Agendas of August 26, 1998, October 21, 1998; minutes of meetings of August 26, 1998 and October 21, 1998; and, summary report of the Mobile Irrigation Laboratory Evaluations C. Golden Gate Fire Control & Rescue District - Agenda of December 9, 1998 D. South Florida Water Management District o Response to Preliminary Comments on the Proposed Budget regarding Adequacy of Fiscal Resources; Five-Year Capital Improvements Plan and Fiscal Year 1997-1998 Fiscal Report 4. Minutes: A. Affordable Housing Commission - Minutes of February 9, March 16, April 20, May 18, June 11, and August 11, 1998 meetings B. Bayshore Avalon Beauti~cation Advisory Committee - Agenda of December 9, 1998 and minutes of November 4, 1998 meeting C. Beach Renourishment/Maintenance Committee - Agenda of December 3, 1998 and minutes of meeting of November 5, 1998 D. Collier County Planning Commission - Agenda of December 17, 1998 and minutes of November 5, 1998 meeting AGEND TEM No. 5.~,4 JAN 2 6 1999 Pg. / E. County Government Productivity Committee - Minutes of November 18, 1998 meeting F. Development Services Advisory Committee - Minutes of July 1, August 5, September 2, and October 7, 1998 meetings G. Emergency Medical Services Advisory Council - Agenda of November 25, 1998 and minutes of October 28, 1998 meeting H. Environmental Advisory Board - Agenda of December 2, 1998 and minutes of November 4, 1998 meeting I. Environmental Policy Technical Advisory Board - Agenda of December 14, 1998 J. Golden Gate Beautification Advisory Committee - Minutes of November 10, 1998 and agenda of December 8, 1998 K. Golden Gate Estates Land Trust Committee - Minutes of September 28, 1998 meeting L. Hispanic Affairs Advisory Board - Minutes of August 20, 1998 and September 16, 1998 meetings M. Historic and Archaeological Preservation Board - Agenda of December 11, 1998 and minutes of December 11, 1998 meeting N. Immokalee Enterprise Zone Development Agency - Minutes of November 12, 1998 meeting O. Lely Golf Estates Beauti~cation Advisory Committee - Minutes of October 16, and November 13, 1998 meetings and agenda of November 13 and December 11, 1998 P. Library Advisory Board - Minutes of October 28, 1998 meeting and Director's Report of October 26, 1998 Q. Parks and Recreation Advisory Board - Agenda of December 16, 1998 and minutes of October 27 and November 18, 1998 meetings R. Pelican Bay MSTBU Advisory Committee - Agenda of December 2, 1998 and minutes of November 4, 1998 meeting S. Radio Road Beautification Advisory Committee - Agenda of January 11, 1999 and minutes of November 9, 1998 meeting T. Utility Authority (Collier County Water & Wastewater Authority) - Minutes of September 21, 1998 meeting "' JAN 2 6 1999 pg. EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE PURCHASE OF SPECIALIZED COMMUNICATIONS EQUIPMENT FROM CONFISCATED TRUST FUNDS IN ORDER TO PARTICIPATE IN A FLORIDA SHERIFFS' TASK FORCE. OBJECTIVE: To gain BCC approval for the purchase of specialized communications equipment from the Confiscated Trust Fund in order to participate in a Florida Sheriffs Association (FSA) state wide task force entitled "Law-Net". CONSIDERATIONS: The Florida Sheriffs Association (FSA) is coordinating a state wide Communications system as part of a task force entitled "Law-Net". This communications system can be used in times of emergency to communicate directly with other law enforcement agencies. The Sheriff's Office is requesting $1,610.00 for the purchase of ten (10) telephones and associated equipment (cords/cases) and $6,745.00 for one year of service associated with the system, for a total of $8,355.00. FISCAL IMPACT: Funds for this request are available from additional Confiscated Property revenues received (602-611010-351200) in the amount of $8,355.00. Costs will be expended from cost center 611010- Confiscated Trust Fund. GROWTH IMPACT: Subsequent years of service costs will be included as part of the Sheriff's Office operations budget request. RECOMMENDATION: That the Board of County Commissioners approve the purchase of communications equipment and the associated budget amendment. CERTIFICATION OF CONFISCATED TRUST FUND REQUEST This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055(4)(a), Florida Statutes, providing additional equipment for law enforcement purposes. REQUESTED BY: /~~~~ C in Thomas Storrar, COmmunity Services APPROVED BY: ~~i~ff DATE: January 4, 1999 wpd51 I exlawnet I dv ~ ---- Ar.~/~iDA iTEM FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS SP~CE_--~ REQUEST FOR LEGAL SERVICES (Please type or print) Date: January 4, 1999 To: Office of the County Attorney, Attention: Tom Palmer, Esq. From: Thomas Storrar 7J , captain (Name) (Title) Sheriff' s Office Community Services . . . ~ Re: -~Lu,, ..... (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise, and articulate). "' REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE PURCHASE OF SPECIALIZED COMMUNICATION EQUIPMENT IN THE AMOUNT OF $8,355.00 FROM ADDITIONAL CONFISCATED PROPERTY REVENUES AND BUDGET AMENDMENT. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.} ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services. ) Legal approval of information submitted for Board approval. OTHER COMMENTS: T: Don Hunter, Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer. ) · es ~LRlawnet I dv112-98 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS RECOGNIZE A CONTRACTUAL OBLIGATION BETWEEN FISCAL YEARS AND APPROVE CARRYFORWARD FUNDING. OBJECTIVE: To seek Board approval and carryforward funding for the Sheriff's Office Year 2000 compliance conversion contract. CONSIDERATIONS: In FY 1998, the Board approved funding for conversion Of the Sheriff ' s Office financial and other data processing systems in preparation for the Year 2000. In April of 1998, the Sheriff's Office contracted with Easirun USA, Inc. for conversion services. The contract and conversion were not completed by September 30, 1998. KPMG auditors are recommending that the Sheriff's Office return encumbered funds in the amount of $212,419. These funds should be appropriated by the Board for FY 1999 in order to strictly comply with Florida Statutes and complete the contract and conversion. FISCAL IMPACT: The net effect is zero. The Sheriff's Office would return $212,419, thereby increasing the General Fund carryforward by that amount (001-919010) to be recognized at a future date. These funds will be transfered to the Sheriff's Operating Fund (040-959050) and appropriated accordingly (040-611010). GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners accept the return of $212,419 for the Y2K conversion and re-appropriate that amount to the Sheriff's Office in FY 1999 for completion of the Y2K compliance contract. C~yst~K.. Kinz~l, F~Hance D~ector APPROVED BY: Do' ' Hu~ , iff DATE: January 7, 1999 . . EXECUTIVE SUMMARY REQUEST THAT THE BCC AUTHORIZE EXPENDITURE OF BUDGETED 301 FUNDS AND 199 FUND RESERVES FOR THE PURCHASE OF A PRINTRAK INTERNATIONAL COMPUTER AIDED DISPATCH (CAD) SYSTEM FOR THE SHERIFF'S OFFICE. OBJECTIVE: To obtain authorization for expenditure of 301 Funds and 199 Fund reserves for the purchase of a Printrak International for the Computer Aided Dispatch (CAD) system and conversion. CONSIDERATIONS: The present CAD system is 13 years old. Year 2000 conversion issues and replacement of antiquated technology is necessary for the smooth operation of county wide dispatch. The BCC allocated $850,000 for a CAD system in the FY 1998 Fund 301 budget. In April 1997, the Sheriff's Office bid the services of a consultant to assist in preparing the technical requirement of a Request for Proposal for a new CAD system. RCC Consultants, Inc. was selected as the consultant. Over the next 13 months, specifications were detailed, the RFP was released and proposals were received. Responsive proposals were received from Intergraph Public Safety, GTE/Tritech, Printrak International, and Open Software Solutions. Each vendor was evaluated based upon the merits of their .---- proposal and were ranked as follows: Printrak International $1,589, 181 Intergraph Public Safety $1,553,850 GTE/Tritech $1,819,792 Open Software Solutions *$1,331,357 (*Did trot l~tclude Networking, whi& is e,vsentiaO Printrak International was selected as the CAD vendor based on the following (not listed in order of priority): - Ease of user training (Saving training hours) - System functionality - Fault tolerance versus redundant system - Provides in-state support and maintenance (maintenance is discounted in combination with the current Printrak fingerprint system) - Printrak Itl. offered integrated screens versus fragmented screens - Printrak Itl. offered greater report writing flexibility - Printrak Itl. has experience in the Public Safety environment The current bid exceeds the original budget due, in part, to Y2K conversion issues and additional hardware requirements. 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 Printrak International CAD system. FISCAL IMPACT: Funds are available as follows: Fund Cost Fund Title Number Center Object Project Funding Level FY ' 99 Fund 301 611010 764210 00000 $ 825,000 301 Budget CAD FY '99 Fund 301 611010 764360 01008 $ 570,000 301 Budget E-911 Reserves 199 919010 ~l~ltOoc~ 00000 $ 194,181 Reserves TOTAL $ 1,589, 181 GROV~rTH IMPACT: None. "" RECOMMENDATION: That the Board of County Commissioners approve the Printrak International proposal and agree to fund the contract as outlined above and approve the necessary Dudget amenaments. REQUESTED BY: _~-'t. A~TBeatty, T~~ons Bureau REVIEWED BY: Dir. Damian DeAndres, Information Technology Division APPROVED BY: . o DATE: January 13, 1999 oxsum~ oxcad~ dv ~LE ~o.: ROUTED TO: DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) Date: January 13, 1999 To: Office of the County Attorney, Attention: Thomas Palmer, Esq. From: Damian DeAndres _,~~, , Director (Name) (Title) Information Technoloqy Sheriff's Office (Division) (Department) Re: Request Board to authorize Printrak CAD expenditure (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise, and articulate). REQUEST THAT THE BOARD AUTHORIZE EXPENDITURE OF BUDGETED 301 FUNDS AND 199 FUND RESERVES FOR THE PURCHASE OF A PRINTRAK INT. COMPUTER AIDED DISPATCH (CAD) SYSTEM FOR THE SHERIFF'S OFFICE. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services. ) Legal approval as to form & sufficiency. OTHER COMMENTS: C: Don Hunter, Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer. ) wpd51 I 1RCAD I dv101-9 9 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD FORWARD NOTICE TO PROCEED TO THE TAX COLLECTOR FOR TAX DEED APPLICATIONS ON THE 1996 COUNTY TAX CERTIFICATES .QB.j~C_.T.[Y~: That the Board consider forwarding to the Tax Collector a Notice to Proceed with tax deed applications for county certificates issued in the name of Collier County in 1996. CONSIDERATIONS: As fully outlined in the attached memorandum, the Board is statutorily required to provide the Tax Collector with a Notice to Proceed in order to make application for Tax Deeds for all tax certificates held by the County where the property has an assessed value of $5,000.00 or more. Only one of the 1996 County held tax certificates has an assessed value of $5,000.00 or more. On February 17, 1998, the Board approved a Notice to Proceed in order for the County to make application for Tax Deeds on all county held tax certificates for 1995, and such Tax Deed Applications have been made for all 1995 county tax certificates. Tax Deed Sales have been held and continue to be held on the various 1995 tax certificates. The Board has been and will continue to be reimbursed for all costs and delinquent taxes plus interest on all county tax certificates. It is important to note that the County recovers not only the specific year of taxes when a tax deed is sold, but also recovers all subsequent years of taxes for those properties (since it is a requirement of the sale) plus interest at the rate of 18% on the delinquent taxes. For example, if taxes are delinquent for 1996, 1997, and 1998 the minimum bid at the Tax Deed Sale will include the taxes for all three years, even though the County had only initiated the notice to proceed for the 1996 Tax Certificate. The County currently holds one hundred sixty-three 1996 county tax certificates. Only one of these certificates has an appraised value of $5,000.00 or more. Pursuant to Section 197.502, Florida Statutes, the County shall make application for a tax deed on all certificates on property with an assessed value of $5,000.00 or more. Section 197.502, Florida Statutes, provides that the County may make application for a tax deed on the certificates on property with an assessed value of less than $5,000.00. FISCAL IMPACT: The Application Fee per parcel is approximately $353.00. If the Board decides to take all one hundred sixty-three 1996 county tax certificates to Tax Deed Sale, the total application cost is approximately $57,539.00. If the Board decides to take the one 1996 tax certificate on property with an assessed value of $5,000.00 or more, the total application cost is approximately $353.00. There is currently $68,000.00 budgeted for tax deed applications in Account No. 001-013010-649040. . GROWTH MANAGEMENT IMPACT: None No. J A N 2 I999 Executive Summary 1996 County Tax Certificates Page 2 RECOMMENDATION: That the Board of County Commissioners forward a Notice to Proceed to the Tax Collector for Tax Deed Applications for all of the 1996Tax Certificates held by the County (163 certificates) and approve the appropriate budget amendment. Approved by:/~ ~ ~ '~f~~_Date:/--, ~ --' :f ? 15~vid C. Weigelt/' County Attorney h:ew/tax deed applications/1996 tax certi~cates/ex summary MEMORANDUM DATE: January 8, 1999 TO: Commissioner Barbara Berry, Chairman, District #5 Commissioner John C. Norris, Vice-Chairman District #1 Commissioner James D. Garter, Ph.D., District #2 - Commissioner Timothy J. Constantine, District #3 Commissioner Pamela S. Mac'Kie, District #4 FROM: David C. Weigel, County Attorney RE: County Held Tax Certificates; January 26, 1999 BCC Agenda Real estate taxes are payable on November 1s~ of each year and, if not paid by April 1s' of the next year, the taxes become delinquent. The Tax Collector, after publication of the Delinquent Tax List, conducts a sale of tax certificates on the delinquent tax parcels. Section 197,432, Florida Statutes, provides that if there is no buyer of a tax certificate, the tax certificate is issued to the county at the maximum rate (18%) of interest. Section 197,502, Florida Statutes, states that the County shall make application for a tax deed on all certificates on property with an assessed value of $5,000.00 or more two years after April 1 s~ of the year of issuance of the certificates. The Florida Statutes also set forth a limitation on liens of tax certificates and provide that after the expiration of seven years from the date of issuance of a tax certificate, if a tax deed has not been applied for and there is no other administrative or legal proceeding of record, the tax certificate shall be null and void and the Tax Collector shall cancel the tax certificate. On February 17, 1998, the Board of County Commissioners approved making Tax Deed Application for all tax certificates held in the name of the County for 1995. Tax Deed Applications have been made on all of the 1995 county held tax certificates and tax deed sales have been and are continuing to be held on these tax certificates. On October 8, 1998, Guy Carlton, Collier County Tax Collector, notified the Board of County Commissioners, pursuant to Section 197.502, Florida Statutes, of all Tax Certificates held in the name of the County that were eligible for the County to make application for Tax Deed (a copy of the Tax Collector's letter is attached). An update of the October 8, 1998, letter indicates that of the one hundred seventy-six certificates for 1996, there are one hundred sixty-three unpaid outstanding certificates that are not pending under a tax deed application. It is recommended that the Board of County Commissioners authorize tax deed applications for the one hundred sixty-three tax certifica :~' pre/~i.~el~k~ the County for 1996 No. j ;, 2 5 1999 January 8, 1999 Board of County Commissioners ,_, County Held Tax Certificates Page 2 The statutory procedure for the County to make application for Tax Deed is as follows: a) The Tax Collector gives Notice to the Board of all tax certificates held by the County which are now subject to tax deed application (Tax Collector's letter of October 8, 1998). Pursuant to Section 197.502, Florida Statutes, we are concerned with all tax certificates held by the County for more than 2 years, which in this case are only the 1996 tax certificates. b) The Board of County Commissioners gives written Notice to Proceed to the Tax Collector to proceed with a Tax Deed Application for the tax certificates held by the County, accompanied by a check in the amount of $90.00 per certificate for title search, and pursuant Section 197.502, Florida Statutes, the Tax Collector shall be allowed a tax deed application fee of $15.00 per certificate. c) The Tax Collector files the application for Tax Deed with the Clerk on behalf of the County. d) The County deposits the following fees and costs with the following entities when the Notice to Proceed is given to the Tax Collector: 1) Tax Collector - $90.00 per tax certificate for title search. 2) Tax Collector's Application Fee - $15.00 per tax certificate. 3) Clerk - Fees for processing the application after the title search is completed by the Tax Collector: a) Clerks Fees - $60.00 per parcel for processing application (includes sale, issuance of Tax Deed, preparation of Deed and disbursement of funds). b) Advertising Cost - approximately $108.00 per parcel. c) Mailing costs - approximately $25.00 per parcel. d) Sheriff Service - $40.00 per parcel. e) Recording fee - approximately $15.00. Total fees per parcel are approximately $353.00. e) The Tax Collector prepares and furnishes to the Clerk for each parcel a certificate showing a list of all tax certificates owned by individuals, all cot ntv AGENDA ITEM No. j' 2 a 1999 pg. z~ , January 8, 1999 Board of County Commissioners County Held Tax Certificates Page 3 certificates, all omitted years' taxes and the amount of interest earned by each tax certificate or omitted years' taxes as of the date of the tax deed application. f) Upon receipt of a completed tax deed application, the Tax Collector shall have an abstract or title search made which provides the ownership and encumbrance reports for a minimum of 20 years for each parcel, a list of all tax certificates and omitted years' taxes on each parcel of property, and the names and addresses of all persons or firms that the Clerk is required to notify prior to the tax deed sale. g) Delivering and Posting of Notices of the Tax Deed Sale. h) A Public Tax Deed Sale is then held: 1 ) A Tax Deed is issued immediately upon receipt of full payment of all applicable fees, costs, the amount of taxes owed, interest on the taxes, and all tax collector's fees. 2) If no bids are received at the Tax Deed Sale, then the property goes on a "List of Lands Available for Taxes". 3) The county can purchase the property on the "List of Lands Available for Taxes" after 90 days, for the opening bid amount. 4) If the property on the "List of Lands Available for Taxes" is not purchased after 7 years, then the land becomes County property. i) The Clerk immediately disburses the monies collected from the tax deed sale to the Tax Collector. The Tax Collector then issues checks to the Board of County Commissioners for reimbursement of the costs and the taxes recovered less the Tax Collectors fee, plus the 18% interest on the tax certificates. The1996 tax certificates were issued to the County on May 30, 1996, therefore, the Board of County Commissioners should take appropriate action to provide the Tax Collector with a Notice to Proceed and make application for tax deeds for all of the 1996 county held tax certificates. Attachments cc: Guy Carlton, Tax Collector Sue Filson, Administrative Assistant J;,~l 2 5 1999 p~, ' - 98 OC]' -Sb: 36 COLLIER COUNTY TAX COLLECTOR OCTOBER 8, 1998 " HONORABLE BA.RBJU~A BERRY, CHAIRMAN BOARD OF COUNTY CO~MISSIONERS COLLIER COUNTY GOVERI~NT CENTER BUILDING F NAPLES, FLORIDA 34112 DEAR CHAIRMAN BERRY: FLORIDA STATUTE 197.502 STATES THAT THE COUNTY SHALL M3U{E APPLICATION FOR TAX DEED ON kLL CERTIFICATES ON PROPERTY VALUED AT $5j000 OR MORE ON THE PROPERTY APPRAISER'S ROLL, EXCEPT DEFERRED PAY}TENT Tin~X CERTIFICATES, A/qD MAY FE APPLICATION ON THOSE CERTIFICATES ON PROPERTY VALUED AT LESS THAT $5~00ON THE PROPERTY APPRAISER'S ROLL, TWO YEARS AFTER APRIL 1 OF THE YEAR OF ISSUANCE OF THE CERTIFICATES. A SUM~Y OF TAX CERTIFICATES SO INVOLVED FOLLOWS: 1992 CERTIFICATES - TAX YF3~ 1991 INITIALLY ISSUED - MAY, 1992 2,947 $189,493.79 REDEMPTIONS, C~CELLATIONS & T.D.A.'S 2,945 165,241.13 AS OF 9-30-98 BA/~UPTCY ~0- -0- DEFERED 2 24,252.66 -0- -0- 1993 CERTIFICATES - TAX YF. AR 1992 INITIkLLY ISSUED - MAY, 1993 2,036 $113,618.31 REDEMPTIONS, CANCELLATIONS & T.D.A.'S 2,033 88,969.59 AS OF 9-30-98 BANKRUPTCY -0- -0- DEFEBED 3 24,648.72 -0- -0- 1994 CERTIFICATES - TAX YE3~ 1993 INITIALLY ISSUED - MAY, 1994 1,183 $ 63,561.88 REDEMPTIONS, C~CELLATIONS & T.D.A.'S 1,181 50,439.94 A~ OF 9-30-98 BANKRUPTCY -0- -0- DEFERRED 2 13,121.94 -0- -0- AGEN DA ITEM 2 8 999 COURTHOUSE-BLDG. C-1 · NAPLES, FLORIDA ~1124997 P8. - C.C 1995 CERTIFICATES - TAX YEAR 1994 INITIALLY ISSUED - JUNE, 1995 781 $ 99,459.58 REDEMPTIONS, CANCELLATIONS & T.D.A. 'S 772 64,029.21 in~ OF 9-30-98 BANKRUPTCY -0- -0- DEFER/{ED 4 23,373 . 81 5 12,056.56 1996 CERTIFICATES - TAX YEAR 1995 INITIALLY ISSUED - JUNE, 1996 627 $ 68,079.83 REDEMPTIONS, CANCELLATIONS & T.D.A.' S 446 26,627.62 A5 OF 9-30-98 BANKRUPTCY -0- -0- DEFER_RED 5 26,091 . 36 176 15,360.85 THE AFOREMENTIONED REMAINING TAX CERTIFICATES A_RE IN OUR VAULT. SINCERELY, GLC/rej COPIES: HONORABLE JO]{N C. NORRIS - DISTRICT ONE HONORABLE TIMOTHY L. HANCOCK, DISTRICT TWO HONORIUBLE TIMOTHY J. CONSTANTINE - DISTRICT THREE HONOPJ~BLE PAMELA S. MAC'KIE - DISTRICT FOUR DAVID WEIGEL - COUNTY ATTORNEY --EA.RLENE WEBER - LEGAL ASSISTANT AGENDA ITEM _ z-r__ Pfi... ? EXECUTIVE SUMMARY Recommendation to approve a Legal Services A~reement with Fixel & Maguire as legal counsel to represent county relating to county's property acquisition interests including eminent domain proceedings, for the North Naples Roadway MSTU (A/<A Livingston Road; Project No. 65041). OBJECTIVE: That the Board of County Commissioners approve the attached Legal Services Agreement with the law firm of Fixel & Maguire as legal counsel to represent county relating to county's property acquisition interests, including eminent domain proceedings for the North Naples Roadway MSTU (AKA Livingston Road; Project No. 65041) between Immokalee Road and the Lee/Collier line and an east/west roadway running approximately 3 miles east of Old U.S. 41. CONSIDERATIONS: On 10 November 1998 and 12 January 1999, the Board entered into two Developer Contribution Agreements with Long Bay Partners, wherein the developer shall initially finance and manage the construction of three miles of the north/south Livingston Road improvements as well as various County water and sewer infrastructure. Accordingly, the County's Public Works Engineering Department on behalf of the Board has a need to expedite right-of-way acquisition activities for Livingston Road, particularly with regard to anticipated future eminent domain proceedings, to ensure that the scheduled construction start by Long Bay Partners is not delayed. The use of expert outside counsel for Livingston Road eminent domain proceedings in coordination with the County Attorney and professional staff better assures that contractual project milestones with Long Bay partners shall be achieved in a timely manner in accord with prior Board directives. Attorney Joe Fixel and the firm of Fixel & Maguire have been counsel for Collier County on many capital improvement projects over the past several years. County Attorney staff will be utilized with the firm to reduce costs. The County Attorney has reviewed this approach/selection with professional staff, and has a~lso received the support and concurrence from both the Public Works Administrator and the Public Works Engineering Director. "" AGENDA ITEM No. 1~, J A 2 6 1999 EXECUTIVE SUMMARY---LIVINGSTON ROAD LEGAL SERVICES AGREEMENT FISCAL IMPACT: Requested periodic legal services, as may be authorized by the County Attorney, will be compensated unto Fixel & Mcguire at a discounted rate of $235.00 per hour for all trial work and $200.00 per hour for non-trial work. Additionally, the firm shall be compensated at a rate of $60.00 per hour for paralegat services. Funding is available for Livingston Road legal services under the project account as follows: Fund: 331 -Road Impact Fees (District I) Cost Center: 163650-Road Impact Construction Project No.: 65041 -North Naples Roadway MSTU (AKA Livingston) GROWTH MANAGFa~ENT IMPACT: Livingston Road is a Capital Improvement Element (CIE NO. 021) of the Collier County transportation plan, and as such, the recommendations herein are consistent with the County's Growth Management Plan. RECOb~ENDATION: That the Board approve the attached Legal Services Agreement with the firm of Fixel & Maguire and authorize the Chairman o execute same. Revi V Dat / Public Works Engineering DeparZment Reviewed By: J~ Bibby, P .~ector Date/~/9 9 Public Works Engineering Department Ed Ilschner,Administrator Date Public Works Division Approved by: David C. Weigel, ~ Date County Attorney AGENDA ITEM A N 2 6 1999 pS. ~ . st;nvlCl s THIS ~O~ S~CES AG~ ~c ~d entered intu ~s ~y ,1999, by and ~w~n the Bo~d ofCo~ Co~is~o~r~ ~~ r~ed to M ~e "Bo~' ~or "Co~t~'), ~d the law ~ efFkel ~ ~~. 211 South S~e~ T~lahass~, FloOds 32301, ~erein~r re~ to ~ "~u~el"). ~~s~: The pmlu h~eto, in ~nsideration ~e premls~ ~d ~ cove~nts ~nt~ned h~eln, murkily ~ee u ~Rows: 1. CounMl is hereby retai~d by the Bo~d to ~res~t ~d ~si~ ~e Coun~ rcla~ to Coun~'s prope~ n~uisizton l~erests including eminent dean pro~i~s for ~e ~o~h Naples Roadway MS~ (~A Li~ngston Ro~d) ~j~ot No. 65~1) b~w~n I~okalee ~ad ~d the Le~Collier line and an ~s~west roadway mnnlng appro~mat~ly 3 ~les ~t of Old U.S. 41. 2 Cou~el, upon autho~ty of the County A~lomey, is m prep~ ~I l~$al do~mentn, co~espondenoe, ~u~caIton$, ~c ~d to arid II negofi~on meeti~s, set~meat conferences, eou~ hearings and trial(a) nec~ d~ng ~y emine~ domain proceedjars ~r Pmj~t No. 65041. 3. The Boar~ t~ouSh its hblic Wor~ Dlvi~on, hereby alre~ ~o pay Go~iel's aRomey$ as compensation for leg~ settees at Counsel's di~unted ~e of$1]~.00 p~ hour for work and :$200.00 per ho~ for non-~al work. Cou~l s~ll be ~mpennted at $50.~ per hour for p~egah providing s~ices her~nder. 4. The Bo~d h~eby aBr~i to reimburse Counsel for ~ual costs in~ed includt~ of mailing, copi~s, ~o$imile~ telephone expense ud dooum~ ~ansmlt~l ~penses (e.g., "Fed~al Express", ~c.) incu~ed pur~t ~ ~is ~men[, provided ~at such ~$~$ ~e ~ppo~ed by appropriate documen~on submined wiffi ~he invoice or ~atmen~ for leVI ~1~$ Io the Coun~ ~v, z ~4 AGENDA ITEM J A N 2 6 lg99 pg. Attorney. Counssl's travel expenses are expressly excluded ~rorn this Agreement unless approved in sdvanc~ by the County Artornery. 5. A statement or invoice for leltsl services and direct oord incurred by Counsel shall be billed to the County Attorney on a monthly or quarterly basis at the discrstion of'Counsel. All invoices shall ~ontiir,, as a minimum, the followtrl tnformsIion: 1) The.proper ha.me of the INWe8 as it app,,sn in the Aereement; 2) The dsxe of the L'~voice; sad 3) Tl~e description oj'services and the time period in which billshie services were rendered. All payments lad the resolution of any disputes regarding r, zch are subject to lind shall be ptoccss~ in accordance with Ch~ipter 218, Part VII, otherwise known ss "The Florida Prompt Payment Act." The County sh~ll pay all invoices submitted In accordemce with the provisions of Section 218.74, Florida SLiturea. IJ'the County fikils to pay any invoice for lellsl services within the time period sl~ci~ed in Section 218.74, Florida Stslutes, Counsel shall have the right to invoice for interest on the unpaid Invoice at the rate percent (I%) per month compounded monthly commentins thirty (30) days a~er the due 6. Counsel shall be solely responsible to parties with whom it shall deal in csn'ylni out the terms ofthis Aereement r,,nd kh~ll no~ subcontract Its responsibilities to the Boszd under this ABreement. Counsel shall P,44'ry Law~er's Professional Liability insurance in an mount not less than $1,000,000 per occurrence. An insurance certificate evidencing this Lawyer's Profession&l Liability instance requirement shall be tendered to the Collier County l~-isk M~nqtement Department within fburteen (14) days of the date of this Aereement. Current, valid insurance policy(tea) meetinl~ the requirement herein identified shill be maintained by Counsel during the duration oftMs Altreement. Renr, val oerfi~cate(s) shall be s~nt to the County thirty (30) days prior to the expiration date(s) on any such policy(tea). There shall be a thirty (30) day notification to the Board in the event of c, tncellatlon or modification of'any stipulatzd insurance coverN~e. PaSe 2 of 4 AGENDA ITEM No. [r~ JAN 2 6 1999 ps 7. Counsel shall protect, defend, {ndemni~y, and hold the Bond and its oi'fi~crs, 6tnployees, and agents humless fTom and aiainst say and all ]oslel~ penalties, darnalas, professional tees. tncludlnS attorney fees and all costs of litilSstion and Judgments arising out ofauy willful or intentional misconduct, neglilent dots or an'or c~r omission of Counsel, its subconsultants. subcontractors, al~ents or employees, swising out ot' or incidental to the peneormance of this Agreement or work performed thereunder. including s.n)? claim(s) broui~ht sadins1 the County, its officers, employees. or tgents by any employee of Counsel, any subconsultants. subcontractor, or anyone directly or lndirectJy employed by any of ,.hem, Counsel's obilgatton under this provision shall not be limited in any way by the aSreed-upon total ~ontract fee specified in this .~J'eement or the Counscl's limit o~ or lack of~ sufficient ins~rm~ce protection. The pan~es agree that one percent (1%) of the total compensation to Counsel for performance of services authorized by this A~cemen! iS Specific considerat{on for Counsel's indemnifieslion of the County. it. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduet of its business and agrees to ~mply with all Jaws governinS the responsibiliD~ of an employer with respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of any and all taxes levied on Counsel. In addition. Counsel shall comply with eli rules, regulations and laws of Collier County, the Stat~ of Florida, or the U. S. Government now in force or heres. x~ter ~opted. 9. It ia mutually agreed between the parties ~hat all authorization for legal services shall originate with the County Attorney. 10. Either party may terminate this Agreement for convenience with a minimum of thirty (30) days writ'ten notice to the oth~ pony. The parties shall deal w~th each other in good faith during the thirty (30) day poriod aRer any notice of intent to terminate for convenience has been yqe3 or4 AGENDA ITEM J A N 2 1999 8iven. The County reserves ~hc fight to ira'urinate this Agreement immediately, for cause, upon wdtten notice to Counsel. 11. This AeTezment shall be eff'sc~vs upon ~'xecution by tl~ Bosrd end Counsel. LN WITNESS WH~_.-~OF, Counsel and the Board, havo each, r~poctively, by sn an~orize~ psrsor~ or s~ent, hereunder set Their hands aN seals on the date end year firs~ above written. WITNESSES: FIXEL & MAGUIRE (p~nted wimess ---. (Printed w{mcss ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BKOCK, CLERK COLLIER COUNTY, FLORIDA Approved as to form and le~n~~ David C. Weigel" /_,] County ARomey "' Pap 4 d4 AGENDA ITEM J A N 2 6 1999 Pig./,_o EXECUTIVE SUMMARY RECOMMENDATION FOR THE BOARD OF COUNTY COMMISSIONERS TO PAY THE LEGAL FEES AND COSTS OF FORMER ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE MEMBERS PURSUANT TO COLLIER COUNTY RESOLUTION NO. 95-632. OBJECTIVE: That the Board of County Commissioners reimburse four former Isles of Capri Fire Control District Advisory Committee members (hereina~er also referred to as the "Committee") for legal fees and costs they incurred in successfully defending non-criminal infraction charges filed by the State Anomey. CONSIDERATIONS: On May 19, 1998 this matter was brought before the Board for the Board to make a determination, pursuant to Collier County Resolution No. 95-632, regarding providing a legal defense to members of the Committee. The charges involved allegations of a violation of the Florida Sunshine Law in regard to a meeting held by the Committee. At the Board of County Commissioners meeting held last May, the County Attorney and the County Administrator recommended reimbursement for the individual members of the Committee if they were acquitted or the charges dismissed. On December 3, 1998, a trial was held in regard to these charges before the Honorable Robert Shafer, a Collier County Circuit Judge, and the Judge ruled that the State failed to prove the charges and acquitted the defendants. The Judge found that the notice provided for the meeting was reasonable under the circumstances. One of the Committee members was not tried with the others because of illness. However, the State Attorney has publicly stated that he shall not pursue the remaining case against the Committee member who was not tried. Raymond L. Bass, Jr., Esq. has provided the County Attorney's Office correspondence which includes his billing for fees and costs in this case in representing all four Committee member defendants. A copy of that correspondence is attached as Exhibit "A". The County Attorney and Risk Management Offices have reviewed said correspondence and find the charges to be reasonable. Collier County Resolution No. 95-632 provides for the payment of legal fees and/or costs incurred by advisory board members under the following circumstances: the charges arise out of or in connection with the performance of official duties while serving a valid public purpose; the advisory board member is acquitted or the charges dismissed; and the legal fees and/or costs charged are reasonable in amount. In reviewing this case, it is the opinion of the County Administrator designee, Jeff Walker, Risk Management Director, and the County Attorney that all of the requirements for payment under Resolution No. 95-632 have been met. Specifically, the case involved a public meeting addressing public issues, the Committee members were either acquitted or the charges dismissed, and the legal fees and/or costs cha ied ..... ' ' 1 J A N 2 6 1999 pg.. I .. amount. While this case is technically not a charge involving criminal penalties, it does involve the potential for punitive fines. The Resolution, at Section 8, provides that the Board shall make all final determinations regarding the payment of legal expenses for advisory board members for any type of legal claim or suit arising from the advisory board member's performance of official duties while serving a valid public purpose if said type of claim or suit is not specifically addressed by this Resolution. Civil infraction charges are not specifically addressed by this Resolution but are similar in nature to criminal violations for which the Resolution does provide for payment of legal fees and/or costs. For the reasons stated above, the Risk Manager and the County Attorney recommend reimbursement of costs and/or fees in this case. FISCAL IMPACT: The bill received from Bass & Chernoff, Attorneys at Law, for this case, is for $6,740.00 in legal fees and $276.11 in costs. Criminal type cases are normally not covered cases under County insurance policies. Any payments to be made would have to be made from General Fund reserves. If approved by the Board, payment of these fees and costs should be made to: Bass & Chernoff, Attorneys at Law, Client Trust Account for the firm to settle accounts with the Committee members. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners pay the legal fees and costs set forth in the attached correspondence from Bass & Chernoff, Attorneys at Law, for the acquitted Isles of Capri Fire Control District Advisory Committee members pursuant to Collier County Resolution No. 95~632. ~Ramiro Mafia~iich Chief Assistant County Attorney Risk Management APPROVEDBY: .,(_~./~~ Date://~a"/~f David C. Weigel /_,) / ' / County Attorney h: GB'~ExSurn-lsles of Capri-FireAdv. Boatd-RM AGENDA ~T_T_.,F~ No. jA;,J 2 tS 1999 2 PE. oD BASS & CHERNOFF Attorneys at Law The Moorings Professional Building 2335 Tamiami Trail North, Suite 409 :Naples, Florida 34103-4459 Raymond L. Bass, Jr., Esq. Telephone (941) 262-4555 Holly B. Chernoff, Esq. Fax (941) 262-4025 December 18, 1998 Ramiro Manalich, Assistant County Attorney Office of the County Attorney 3301 Tamiami Trail East Building F ~:. .... Naples, Florida 34112 ,~.mL,' ..:'--;-,. RE: State of Florida v. Hueqel, et al. x'.:,).:~ Case No.: 98-3959MMA Case No.. 98-3960MMA ~o, , Case No.: 98-3961MMA ;.,.:,. .... ,-. Case No.' 98-3962MMA ~' :; ';:" Dear Mr. Manalich: > Thank you for responding so promptly to my inquiry about whether the defendants in the above-referenced cases can recover their attorney's fees and legal expenses after they were exonerated at trial. As I understand it from your response message, you needed to have a detailed description of the legal services and costs. Enclosed you will find two lists detailing fees and costs for my clients. My hourly rate is indicated at ~200.00 and the costs are, I believe, self-explanatory. I have hi-lighted the items that you should be concerned with to make reading the statements easier. If you have any questions or comments about the enclosures, please call me. Sincerely, Raymd~L.~ass, Jr. RLB/gf Enclosures cc: Edward Huegel, without enclosures Gerard Marinara, without enclosures Philip A. Popovici, without enclosures p, GENDA~t~!2; Lloyd Woolsey, without enclosures No. J A N 2 6 Ei99 PUBLIC INQUIRY SYSTEM Use the keys [ D ] - page down [ UP ARROW ] - up one to the right---> [ U ] - page up [ DOWN ARROW ] - down one "' [ F ] - first line [ L/Payments ] - last line ,03959MM3~ [ PF4 or E ] - E X I T [ p ] - print info + ................... + .......................................................... Defendant Information: Name : HUEGEL, EDWARD Address : 278 CAPRI BLVD City : NAPLES State : Florida Race/Sex : WHITE / MALE Birth Date : 01/17/34 Charge Information: Charge-001 : 286.011 3A VIOLATION OF SUNSHINE LAW Count : 01 Def. Status : SUMMONS AGENDA ITEM No. l L~ (~] j A N 2 6 1999 Date: 12/17/98 Detail Fee Transaction File List Page: 1 Bass and Chernoff, P.A. H T B R Client Date Tmkr Cat Src P X C C Tcd Rate Hours Amount Ref 48483.01 05/19/98 001 1 A 2 200.00 1.50 300.00 ARCH Telephone conference with Mr. Huegel about the basic facts of the charge. Research the elements of the charge as made. HUEGEL/ED Subtotal for 05/19/98 Billable 1.50 300.00 Total 1.50 300.00 48483.01 05/20/98 001 1 A 1 200.00 2.50 500.00 ARCH Office conference with Messrs. Huegel, Popovici and Woolsey to debrief them about the events. Direct them to obtain evidence of how notice of the meeting in question was circulated (civic association, news papers, signs and the like). Prepare notes about the case. Supervise staff setting up the file and setting arraignment date reminders. HUEGEL/ED Subtotal for 05/20/98 Billable 2.50 500.00 Total 2.50 500.00 48483.01 05/21/98 001 1 A 9 200.00 1.00 200.00 ARCH Listen to the tape of the meeting in question. HUEGEL/ED Subtotal for 05/21/98 Billable 1~00 200.00 Total 1.00 200.00 48483.01 05/22/98 001 1 A 8 200.00 1.75 350.00 ARCH Research the sufficiency of the charge as alleged in the information. Prepare and file the motion to dismiss. Letter to clients with the motion and an explanation of the motion and the arraignment. HUEGEL/ED AGENDA ITEM J N 2 6 IB99 , pa. Date: 12/17/98 Detail Fee Transaction File List Page: 2 Bass and Chernoff, P.A. HTBR Client Date Tmkr Cat Src P X C C Tcd Rate Hours Amount Ref# Subtotal for 05/22/98 Billable 1.75 350.00 Total 1.75 350.00 48483.01 05/26/98 001 1 A 6 200.00 0.75 150.00 ARCH Receive and review the "flyer" about the meeting. Prepare written pleas of not guilty. Obtain a hearing date from the court on my motion to dismiss. Prepare notice of hearing. HUEGEL/ED 48483.01 05/26/98 001 1 A 2 200.00 0.70 140.00 ARCH Telephone conference with Mr. Huegel, Mr. Popovici and Ms. DeVolder about the flyer that was circulated. HUEGEL/ED Subtotal for 05/26/98 Billable 1.45 290.00 Total 1.45 290.00 __.48483.01 05/29/98 001 1 A 2 200.00 0.50 100.00 ARCH Telephone conferences with the clerk to determine the trial date. TC with Mr. Provost (prosecutor) to discuss consolidation of the cases to the latest trial date. HUEGEL/ED Subtotal for 05/29/98 Billable 0.50 100.00 Total 0.50 100.00 48483.01 06/01/98 001 1 A 5 200,00 1.50 300.00 ARCH Prepare the notice of intent to participate in discovery. Prepare the motion to consolidate the cases. Letter to Judge Wilson regarding the stipulation. Prepare proposed order on the motion. Fax letter to Judge Wilson requesting an expedited pretrial conference to deal with the various procedural problems in the case. Telephone conferences with the State Attorney's Office and Judge Wilson's office to attempt coordination of hearings. HUEGEL/ED AGENDA J A N 2 6 Pc. _ Date: 12/17/98 Detail Fee Transaction File List Page: 3 Bass and Chernoff, P.A. HTBR Client Date Tmkr Cat Src P X C C Tcd Rate Hours Amount Re Subtotal for 06/01/98 Billable 1.50 300.00 Total 1.50 300.00 48483.01 06/08/98 001 1 A 2 200.00 0.25 50.00 ARCH Telephone conference with Mr. Popovici regarding the status of the case and witness information. HUEGEL/ED Subtotal for 06/08/98 Billable 0.25 50.00 Total 0.25 50.00 48483.01 06/09/98 001 1 A 2 200.00 0.30 60.00 ARCH Telephone conference with Mr. Huegel and Court Administration about the status of the case set for 6/10. HUEGEL/ED Subtotal for 06/09/98 Billable 0.30 60.00 Total 0.30 60.00 48483.01 06/16/98 001 1 A 6 200.00 1.50 300.00 Receive and review the administrative judge's order reassigning all of the cases to Judge Turner. TC with the latter's assistant and Mr. Provost's office to coordinate a trial date. Prepare a stipulation and order setting the trial date. Letter to Mr. Provost transmitting the documents. Letter to Judge Turner regarding same. Letter to all clients regarding same. HUEGEL/ED Subtotal for 06/16/98 Billable 1.50 300.00 Total 1.50 300.00 48483.01 06/22/98 001 1 A 2 200.00 0.25 50.00 ARCH Telephone conference with Mr. Provost to ascertain his position on the July 9th trial date. Discuss obtaining discovery materials the State must provide. HUEGEL/ED J;,N 2 6 1S,,.,.,39 Date: 12/17/98 Detail Fee Transaction File List Page: 4 Bass and Chernoff, P.A. HTBR Client Date Tmkr Cat Src P X C C Tcd Rate Hours Amount Ref# Subtotal for 06/22/98 Billable 0.25 50.00 Total 0.25 50.00 48483.01 06/25/98 001 1 A 9 200.00 0.50 100.00 ARCH Receive word from Judge Turner's office that he has recused himself. Prepare letter to all clients regarding same. Telephone conference with Mr. Provost to discuss the same. HUEGEL/ED Subtotal for 06/25/98 Billable 0.50 100.00 Total 0.50 100.00 48483.01 07/07/98 001 1 A 6 200.00 1.20 240.00 ARCH Receive and review the State's witness list and discovery disclosure. Letter to the clients regarding same and advising what is being done about getting a trial date, a hearing on the motion to dismiss and obtaining the remaining --- discovery documents. Telephone conference with Mr. Huegel to discuss the witness names and their likely testimony. HUEGEL/ED 48483.01 07/07/98 001 1 A 5 200.00 0.80 160.00 ARCH Prepare a notice of inspection of documentary evidence and fax same to Mr. Provost. Direct and supervise staff efforts in obtaining and coordinating hearing and trial dates. Prepare a notice of hearing on my motion to dismiss. Prepare a notice that the trial should be set for one day. HUEGEL/ED Subtotal for 07/07/98 Billable 2.00 400.00 Total 2.00 400.00 48483.01 07/10/98 001 1 A 1 200.00 0.50 100.00 ARCH Office conference with Mr. Huegel to discuss the correspondence he received from the county attorney's office several months ago. Review other documents in his possession that might relate to the case. HUEGEL/ED AGENDA ITEM No. 2 6 I 59 Date: 12/17/98 Detail Fee Transaction File List Page: 5 Bass and Chernoff, P.A. HTBR Client Date Tmkr Cat Src P X C C Tcd Rate Hours Amount Re Subtotal for 07/10/98 Billable 0.50 100.00 Total 0.50 100.00 48483.01 07/29/98 001 1 A 9 200.00 1.00 200.00 ARCH Obtain the State's documentary discovery production (250 pages). Begin review. HUEGEL/ED Subtotal for 07/29/98 Billable 1.00 200.00 Total 1.00 200.00 48483.01 08/10/98 001 1 A 9 60.00 3.50 210.00 ARCH Staff work in organizing the State's discovery documents and preparing the copies for the clients to review. HUEGEL/ED Subtotal for 08/10/98 Billable 3.50 210.00 Total 3.50 210.00 48483.01 08/31/98 001 1 A 9 200.00 1.25 250.00 ARCH Review the State's discovery and the staff work relating to same. Letter to clients transmitting same and requesting a conference with them to discuss the documents. HUEGEL/ED Subtotal for 08/31/98 Billable 1.25 250.00 Total 1.25 250.00 48483.01 09/09/98 001 1 A 9 200.00 1.25. 250.00 ARCH Prepare for and attend the hearing on my motion to dismiss the information. (The prosecutor partially amended the charges to conform with legal requirements. Otherwise the motion was denied) HUEGEL/ED j;.N 2 6 ISS9 Date: 12/17/98 Detail Fee Transaction File List Page: 6 Bass and Chernoff, P.A. HTBR Client Date Tmkr Cat Src P X C C Tcd Rate Hours Amount Ref# Subtotal for 09/09/98 Billable 1.25 250.00 Total 1.25 250.00 48483.01 09/23/98 001 1 A 1 200.00 1.25 250.00 ARCH Office conference with Messrs. Huegel, Popovicci, and Woolsey to discuss the upcoming trial and the State's discovery. HUEGEL/ED Subtotal for 09/23/98 Billable 1.25 250.00 Total 1.25 250.00 48483.01 09/28/98 001 1 A 5 200.00 0.75 150.00 ARCH Prepare trial witness subpoenas, letters and praecipice. HUEGEL/ED Subtotal for 09/28/98 Billable 0.75 150.00 ~-- Total 0.75 150.00 48483.01 10/15/98 001 1 A 6 200.00 0.50 100.00 ARCH Receive and review additional discovery provided by the State (ordinances and statutes the State wants the court to judicially notice). HUEGEL/ED Subtotal for 10/15/98 Billable 0.50 100.00 Total 0.50 100.00 48483.01 11/20/98 001 1 P 9 200.00 0.50 100.00 24 Contact the judge's office to ascertain whether the trial is still on schedule for 11/30/98. Letter to clients regarding the setting of the trial. HUEGEL/ED Subtotal for 11/20/98 Billable 0.50 100.00 Total 0.50 100.00 48483.0t 11/24/98 001 1 P 9 200.00 0.75 150.00 25 Telephone conference with Mr. Huegel about the .. . AGENDA ITEM No, le, ( ")(~'~ Date: 12/17/98 Detail Fee Transaction File List Page: 7 Bass and Chernoff, P.A. HTBR Client Date Tmkr Cat Src P X C C Tcd Rate Hours Amount Re testimony Mrs. Devoulder would give. Prepare a subpoena and praecipe for issuance of same. Witness letter to her and memo the process server regarding service of same. HUEGEL/ED Subtotal for 11/24/98 Billable 0.75 150.00 Total 0.75 150.00 48483.01 11/25/98 001 1 P 9 200.00 0.90 180.00 26 Telephone conference with the judge's office to set the actual trial date and time. Prepare update witness letters to Mr. Norris and Mrs. Henry. Supervise staff efforts in updating the file in preparation for trial. HUEGEL/ED Subtotal for 11/25/98 Billable 0.90 180.00 Total 0.90 180.00 48483.01 11/30/98 001 1 P 9 200.00 1.75 350.00 Receive and review the return of service of the subpoena on Mrs. Devoulder. Check the adequacy of service. Direct and supervise staff in contacting all witnesses and updating contact information. Office conference with Mressrs. Huegel and Woolsey to discuss their testimony tomorrow. HUEGEL/ED Subtotal for 11/30/98 Billable 1.75 350.00 Total 1.75 350.00 48483.01 12/01/98 001 1 P 9 200.00 2.50 500.00 28 Final preparation for trial. Final research of pertinent cases for the court. HUEGEL/ED T-. Date: 12/17/98 Detail Fee Transaction File List Page: 8 Bass and Chernoff, P.A. HTBR Client Date Tmkr Cat Src P X C C Tcd Rate Hours Amount Ref# Subtotal for 12/01/98 Billable 2.50 500.00 Total 2.50 500.00 48483.01 12/02/98 001 1 P 9 200.00 4.00 800.00 29 Attend the trial and have a post-trial conference with the clients. HUEGEL/ED Subtotal for 12/02/98 Billable 4.00 800.00 Total 4.00 800.00 48483.01 12/03/98 001 1 P 9 200.00 0.50 100.00 30 Attend the court's announcement of the decision in the case. HUEGEL/ED Subtotal for 12/03/98 Billable 0.50 100.00 Total 0.50 100.00 48483.01 12/07/98 001 1 P 6 200.00 0.25 50.00 31 Receive and review the State's notice of dismissing the charge against Mr. Marinaro. Letter to him advising of same. HUEGEL/ED Subtotal for 12/07/98 Billable 0.25 50.00 Total 0.25 50.00 Total for Client # 48483.01 Billable 36.15 6740.00 Total 36.15 6740.00 Grand Totals Billable 36.15 6740.00 Total 36.15 6740.00 AGENDA ITEM Da~e: 12/17/98 Detail Cost Transaction File List Page: 1 Bass and Chernoff, P.A. HTBR Client Date Tmkr E/A Src P X C C Tcd Stmt # CT Amount Re2 48483.01 07/10/98 00! E A 110 0 0 18.00 ARCH Coastal Couriers HUEGEL/ED Subtotal for 07/10/98 Billable 18.00 Total 18.00 48483.01 08/20/98 001 E A 150 0 0 64.11 ARCH Office Depot - Copies HUEGEL/ED Subtotal for 08/20/98 Billable 64.11 Total 64.11 48483.01 09/28/98 001 E A 100 0 0 4.00 ARCH Collier County Clerk of Court - Issuance fee for 4 subpoenas HUEGEL/ED Subtotal for 09/28/98 Billable 4.00 Total 4.00 48483.01 10/01/98 001 E A 150 0 0 7.00 ARCH John C. Norris Witness fee for trial HUEGEL/ED 48483.01 10/01/98 001 E A 150 0 0 7.00 ARCH Claudia Henry - Witness fee for trial HUEGEL/ED 48483.01 10/01/98 001 E A 150 0 0 7.00 ARCH Nancy Devolder Witness fee for trial HUEGEL/ED Subtotal for 10/01/98 Billable 21.00 Total 21.00 48483.01 10/05/98 001 E A 150 0 0 68.00 ARCH Barnett & Young Investigations - Service fees for 4 subpoenas HUEGEL/ED AGENDA I'T~M. No. J ~ 6~2)(~3 2 5 1 99 Date: 12/17/98 Detail Cost Transaction File List Page: 2 Bass and Chernoff, P.A. HTBR Client Date Tmkr E/A Src P X C C Tcd Stmt # CT Amount Ref# Subtotal for 10/05/98 Billable 68.00 Total 68.00 48483.01 11/03/98 001 E P 150 0 0 75.00 19 Barnett & Young Investigations - Service fee for subpoenas (3) HUEGEL/ED Subtotal for 11/03/98 Billable 75.00 Total 75.00 48483.01 11/24/98 001 E P 100 0 0 1.00 20 Collier County Clerk of Court - Issuance fee for a Trial Subpoena HUEGEL/ED Subtotal for 11/24/98 Billable 1.00 Total 1.00 48483.01 11/30/98 001 E P 150 0 0 25.00 21 Barnett & Young Investigations - Service fee for Nancy Devolder HUEGEL/ED Subtotal for 11/30/98 Billable 25.00 Total 25.00 Total for Client # 48483.01 Billable 276.11 Total 276.11 Grand Totals Billable 276.11 Total 276.11 AGENDA ITEM Pg. EXECUTIVE SUMMARY Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance health care facilities for NCH Healthcare System and educational facilities for The Community School of Naples. OBJECTIVE: To accomplish the necessary approvals to authorize proposed revenue bond issues by the Collier County Industrial Development Authority to be used to finance health care facilities for NCH Healthcare System and educational facilities for The Community School of Naples. CONSIDERATIONS: The Industrial Development Authority has been requested to issue its bonds to finance certain qualifying facilities. Community Health Care, Inc. and its subsidiary, Marco Island Hospital, Inc. which do business as NCH Healthcare System and will therefore be referred to as "NCH", propose to borrow approximately $20 million to construct and equip the Project and to re~nance certain Existing Indebtedness incurred in connection with the acquisition and equipping of certain health care facilities. The proposed uses are more fully described in the attached resolution, and include I-.-.-- retiring of loans incurred to construct the Immokatee Health Park and the health care facilities at Grand Central Station, and the construction of a building on Marco Island which will house a cardiac wellness center and outpatient rehabilitation services. The Community School, Inc. proposes to borrow $9 million to construct two Lower School buildings, two High School buildings, and a volunteer/administration center. The project also includes the purchase of equipment, and installation of roadway, drainage, and utility infrastructure within the campus and the re-working of existing parking lots. Also included is the acquisition of real property for future expansion and paying existing indebtedness incurred for this project. The Authority met on January 15, 1999 and heard presentations from NCH and the School. The meeting was noticed by publication in the Naples Daily News in the manner required by the Internal Revenue Code, and any comments of members of the public were considered. At the conclusion of the public heating, the Authority determined to proceed with both bond issues, and adopted the attached Inducement Resolutions to evidence this approval. In addition to Authority approval, federal tax law requires that the County Commission, as the local governing body, must also approve the issuance of the Bonds. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. Resolutions for the Board to adopt for each project are attached. As are all revenue bonds of this type, these bonds are based on re No C ~MyFiles/documen~,IDA',NCH-CornmSchExecSumm.wPd J A N 2 6 1999 ---- are not obligations of the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the Borrower. Neither the County, the Board, nor any officer of the County is liable for their payment. Further, the Resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. The Bonds are not liabilities of the County, and the County is not liable for payment in any way. On the other hand, the issuance of bonds for educational and health care facilities have a positive fiscal and social impact on the community, and the statutes authorizing the Authority to issue such bonds declare that such issuance is for a public purpose. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolutions will have no adverse growth management consequences. The facilities located in the unincorporated area of the County were permitted and constructed in accordance with all County growth management regulations, and are subject to the LDC, the Growth Management Plan, concurrency requirements, and the payment of impact fees. The facilities to be constructed within the corporate limits of the City of Marco Island will be permitted and constructed in accordance with the City's regulations. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolutions. Prepared by: Donald A. Pickworth, Counsel Collier County Industrial Development Authority Approved by: I2;/vid d. Weigel, C~Unty/i~mey " AGEI~,D T .M, J A N 2 6 1999 RESOLUTION NO. 99- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY SECTION 147(0 OF THE INTERNAL REVENUE CODE, AS AMENDED; AND PROVIDING FOR OTHER RELATED MATTERS. Whereas, the Collier County Industrial Development Authority (the "Authority") is a body corporate and politic of Collier County, Florida CCollier County") created by Collier County Resolution No. 79-34 duly adopted by the Board of County Commissioners on February 27, 1979 pursuant to Part III of Chapter 159, Florida Statutes, as amended, with the power to issue revenue bonds for the purposes of financing a "project" as defined in Part II of Chapter 159, Florida Statutes, as amended; and Whereas, Community Health Care, Inc. (the "Corporation") and Marco Island Hospital, Inc. (the "Hospital"), each a Florida not-for-profit corporation, and each owning or operating certain facilities located within the boundaries of Collier County, Florida, have requested the Authority to issue its Health Care Facilities Revenue Bonds (Community Health Care, Inc. Obligated Group), Series 1999A in an amount not to exceed $17,000,000 (the "Bonds") for the purpose of making a loan to the Corporation and the Hospital for the purpose of providing funds, together with other available funds, to (a) retire all or a portion of certain interim indebtedness incurred in connection with the refinancing of a commercial bank loan the proceeds of which were used to construct and equip a two-story, approximately 39,000 square foot building which houses a medical clinic operated by Collier Health Services, Inc., a Florida not-for-profit corporation, a laboratory, various administrative offices and various social service agency offices (the "Immokalee Health Park Project"), (b) retire all or a portion of certain interim indebtedness incurred in connection with the acquisition of a two-story, approximately 162,000 square foot building, a portion of which is used as a medical plaza which houses a wellness center, space for outpatient rehabilitation services, laboratory facilities, physician offices and clinical space (the "Grand Central Station Project"), (c) finance all or a portion of the construction and equipping of a two-story, approximately 24,000 square foot building, a portion of which will be used as a health care facility which will include a cardiac wellness center and space for outpatient rehabilitation services (the "Marco Island Project") and (d) pay certain expenses incurred in connection with the issuance of the Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Bonds; a' .d Whereas, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the elected legislative body of the governmental unit which has jurisdiction over the area in which the facility financed with the proceeds of tax-exempt bonds is located is to approve the issuance of such bonds after a public hearing; and Whereas, the Board of County Commissioners of Collier County, Florida (the "Board") is JAN Z 6 1999 pg._ 3 Whereas, the Authority caused a notice of a public heating to consider approval of the Bonds and the location and nature of each of the Immokalee Health Park Project, the Grand Central Station Project and the Marco Island Project to be financed with the proceeds of the Bonds to be published on or before December 30, 1998 in the Naples Daily News, a newspaper of general circulation in Collier County, and a copy of said notice is attached as Exhibit A (the "Notice"); and Whereas, the Authority held a public hearing on January 15, 1999, pursuant to the Notice and adopted a resolution ( the "Resolution") authorizing the issuance of the Bonds, a copy of which is attached as Exhibit B, and has recommended to the Board that it approve the issuance of the Bonds in accordance with Section 147(f) of the Code; and Whereas, for the reasons set forth above, it appears to the Board that the approval of the issuance and sale of such Bonds as required by Section 147(f) of the Code is in the best interests of Collier County, NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of Collier County, Florida, that: Section 1. A~vproval of Issuance of the Bonds. This Board hereby approves the issuance of the Bonds by the Authority for the purposes described in the Notice pursuant to Section 147(0 of the Code. The Bonds shall be issued in such aggregate principal amount, bear interest at such rate or rates, mature in such amount or amounts and be subject to redemption as are approved by the Authority without the further approval of this Board. The Bonds shall not constitute a debt, liability or obligation of Collier County, the Board, any officer, agent or employee of Collier County, the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board or any officer or employee thereof shall be liable personally on the Bonds by reason of their issuance. This approval shall in no way be deemed to abrogate any regulations of Collier County for any portions of the project located within the regulatory jurisdiction of Collier County. Such portions of the Marco Island Project shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 2. Severability. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. - ........ 2 J A N 2 6 1999 Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption, and any provisions of any previous resolutions in conflict with the provisions hereof are hereby superseded. PASSED and Adopted this . day of January, 1999. ATTEST: COLLIER COUNTY, FLORIDA BY Dwight E. Brock, Clerk ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk Pamela S. Mac'Kie Chairwoman [SEAL] Approved as to form and legal sufficiency: DaVid C. Weigel; e hty Naples Pail News Naples, FL ~4102 Affidavit of Publication Naples Da~ly News PZCKI~ORTH, DONALD P.A. 5150 TAMIAMI TRL N #602 NAPLES FL 34103 de i ' for' REFERENCE: 010784 :ness 57801964 Notice of Public Hea opprox]- State of Florida H el qouses a e th Services, County of Collier laboratory Social. Before the undersi ned authority, personally appeared John-E. Te;~or, who-on o~th gays ~hat he . serves as Assistant Controller of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on act'! dates Listed. Affiant further says that the said Naples Daily °~c~ waft w News is a newspaper published at Na lea, in said space for Collier County, FLorida, and that t~e said co Island Certain ex arises in- newspaper has heretofore been continuously !nirred in suonce of ~e Bonds, cludlng certain fees and expenses incurred in con- published in said Collier County7 FLorida, each ctlon with credlfenhoncernen+forfhe Bonds. day and has been entered as second class mail ' . Thein~mdki~iee Heoffh Core PrOloot is located ~f 1454 matter at the post office in Naples, in said Madison' ve Ue'ilrnmokolee,:Florldoond Is owned bv Collier County, Florida, for a period of 1 year COr~mun~o[~l~Core. - no-e-preceding the first publication of the "' · Thoe Grand Central :Station Pro ~ i~'locoted of ."d copy of advertisement; and aftlent G odlefte Rood 5oufh, NoPles,*~lorldo and ls 308 ~ says that she has neither paid nor i ondoperofedbyCornmunltyHeoHhCore.. owned p, .....sad any person, firm or coporation any i The fitarea Island PFoect IS Iotated of '40Heathwood discount, rebate, commission or refund for the Drive South, Marco'Island, Florida and }s owned ond purpose of securing this advert i seaant for operated by Marco ISland HaspIra. .... publication in the said newspaper. All In+erested ~Persons ,ore Invited to submit written comrne.n+s~Or.~xjffen~lfhe hear ng either Personally or ~hrl~Ugh~h~lf*representofive on~ will be Ivan on op~ PUBLZSHED ON: t2/30 'potfUn/~yto eX~re'ss their vfews COncer~ fne pro/- ecfs or the ~noncing. An one desiring '~o rn~gke comments 'lh Octvance :~Y the hear ng may send such Comrnerits to:' * - . AD SPACE: 1S3,000 ZNCH e comments received in advance of the hear- :: Scem~;,t,~Oretan/and General Counsel ~No, 1331231 s d fo ,. thisd.y of 'D- t ~. ' ]oyce E Blozier flclpote In this hearing shP~uid con+act Donald A. ~,",~. MY COM~iSStON # CC702521 EXPt~.IS worth, GenerOI Courtsos, of (94}) 263-8060 'fro Safer fnan AGENDAI EXHIBIT A TO COUNTY RESOLUTION JAN 2 6 19S9 (COMMUNI~ HEALTH CARE) Pc. RESOLUTION NO. 99- AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF ITS HEALTH CARE FACILITIES REVENUE BONDS (COMMUNITY HEALTH CARE, INC. OBLIGATED GROUP) SERIES 1999A IN AN INITIAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $17,000,000 FOR THE PRINCIPAL PURPOSE OF FINANCING AND REFINANCING CERTAIN COSTS INCURRED OR TO BE INCURRED BY COMMUNITY HEALTH CARE INC. ( THE "CORPORATION") AND MARCO ISLAND HOSPITAL, INC. (THE "HOSPITAL") IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN HEALTH CARE FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY OF A PRELIMINARY AGREEMENT BY AND AMONG THE AUTHORITY, THE CORPORATION, AND THE HOSPITAL; AND PROVIDING FOR RELATED MATTERS. WHEREAS, Community Health Care Inc., a Florida not-for-profit corporation (the "Corporation") and Marco Island Hospital, Inc. a Florida not-for-profit corporation (the "Hospital") have applied to the Collier County Industrial Development Authority (the "Authority") to issue a series of its private activity revenue bonds in the initial aggregate principal amount of not to exceed $17,000,000 (the "Series 1999A Bonds") for the principal purpose of( 1 ) financing a portion of certain costs of acquisition, construction and equipping of certain health care facilities (the "Project") to be owned and operated by the Hospital, (2) refinancing a portion of certain outstanding indebtedness (the "Existing Indebtedness")ofthe Corporation previously incurred for the purpose of financing the cost of acquisition and construction of certain health care facilities, and (3).paying costs associated with the issuance of the Series 1999A Bonds; and WHEREAS, the Corporation and the Hospital have also applied to the Authority to issue simultaneously with the issuance of the Series 1999A Bonds a series of its taxable private activity revenue bonds in the initial aggregate amount of not to exceed $12,000,000 (the "Series 1999B Bonds" and, together with the Series 1999A Bonds, the "Bonds") for the principal purpose of (1) financing a portion of certain costs of acquisition construction and EXHIBIT B TO COUNTY RESOLUTION (COMMUNITY HEALTH CARE) jAN 2 6 I9~9 P~. ~ '*" equipping of the Project, (2) refinancing a portion of the Existing Indebtedness, and (3) paying costs associated with the issuance of the Series 1999B Bonds; and WHEREAS, the Corporation and the Hospital have requested that the Authority loan the proceeds of the Bonds to the Corporation and the Hospital pursuant to Chapter 159, Parts II and III, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act") in order to accomplish the foregoing purposes; and WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the Corporation and the Hospital to finance the costs of the Project and refinance the Existing Indebtedness under loan agreements or other financing agreements, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Corporation and the Hospital and promote the public purposes provided in the Act; and WHEREAS, the Corporation and the Hospital have submitted the Preliminary Agreement (the "Preliminary Agreement") relating to the issuance of the Bonds, attached hereto as Exhibit A; and WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Authority did on the date hereof hold a public hearing on the proposed issuance of the Series 1999A Bonds for the purposes herein stated, which date is more than 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County and which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on the issuance of the Series 1999A Bonds and the location and nature of the Project and the property financed by the Existing Indebtedness, as more particularly described in the notice of public hearing attached hereto as Exhibit B; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Series 1999A Bonds within the meaning of the applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by the Corporation and the Hospital; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY ---- INDUSTRIAL DEVELOPMENT AUTHORITY, THAT: AGENDA ITEM . 2 No. ~ r,, ( J A N 2 6 19 9 pg. SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act and other applicable provisions of law. SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Corporation and the Hospital to proceed with the financing of the costs of the Project and the refinancing of the Existing Indebtedness and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available for such purposes, all in accordance with and subject to the provisions of the Act, the Constitution and other laws of the State of Florida and the laws of the United States of America, including the Code, and this Resolution, but subject in all respects to the terms of the Preliminary Agreement. SECTION 3. APPROVAL OF THE FINANCING AND REFINANCING. The financing of the costs of the Project and the refinancing of the Existing Indebtedness by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the economic development, prosperity, health and welfare of the citizens of Collier County, will promote the general economic structure of Collier County, and will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Corporation and the Hospital meeting the conditions set forth in the Preliminary Agreement to the sole satisfaction of the Authority. SECTION4. EXECUTION AND DELIVERY OF PRELIMINARY AGREEMENT. The Chairman or the Vice-Chairman is hereby authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement, in the form attached hereto as Exhibit "A", among the Authority, the Corporation and the Hospital providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the costs of the Project and re finance the Existing Indebtedness in an aggregate principal amount not to exceed the lesser of (a) $29,000,000 or (b) the amount determined by the Authority, the Corporation and the Hospital to be necessary to accomplish the foregoing purposes. SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Corporation and the Hospital and subject in all respects to the conditions set forth in the Preliminary Agreement, in an aggregate principal amount not to exceed $29,000,000 for the principal purpose of financing the costs of the Project and refinancing the Existing Indebtedness as described in the Preliminary Agreement. The rate of interest payable on the Bonds shall not exceed the maximum rate permitted by law. ITE _'~ AGENDA c '~, ~ No. i~" '~ 3 JAN 2 6 19S9 p... SECTION 6. GENERAL AUTHORIZATION. The Chairman and the Vice-Chairman are hereby further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds subject in all respects to the terms and conditions set forth in the Preliminary Agreement authorized hereby. SECTION 7. OFFICIAL ACTION. This resolution is an official action of the Authority toward the issuance of the Series 1999A Bonds, as contemplated in the Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. SECTION 8. LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into by and among the Authority, the Corporation and the Hospital prior to or contemporaneously with the issuance of the Bonds. The Authority has no taxing power. SECTION 9. LIMITED APPROVAL. The approval given herein shall not be construed as an approval or endorsement of approval of any necessary rezoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of Collier County or estopping Collier County from asserting any fights or responsibilities it may have in that regard. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately. ADOPTED this 15th day of January, 1999. COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY (SEAL) J.R. Humphrey, Chairman ATTEST: AGENDA ~E~,?Z..{.~ No.. I~ 4 JAN 2 6 1 S9 Secretary AGENDA IT~:!~r~z.) No. ~ 5 J A N 2 6 1~9 EXHIBIT A TO RESOLUTION PRELIMINARY AGREEMENT FOR ISSUANCE OF PRIVATE ACTIVITY REVENUE BONDS This Agreement between the Collier County Industrial Development Authority, a public body corporate and politic (the "Authority"), Community Health Care, Inc., a Florida not-for-profit corporation (the "Corporation"), and Marco Island Hospital, Inc., a Florida not- for-profit corporation. WITNESSETH: 1. Preliminary_ Statement. Among the matters of mutual understanding and inducement which have resulted in the execution of this Agreement are the following: (a) The Act provides that the Authority may issue revenue bonds and loan the proceeds thereof to one or more persons, firms or private corporations, or use such proceeds, to defray the cost of acquiring, by purchase or construction, certain qualifying health care facilities. (b) The Corporation and the Hospital are considering ( 1 )financing the costs of the acquisition, construction and equipping of health care facilities to be owned and operated by the Hospital and (2) refinancing certain outstanding indebtedness of the Corporation previously incurred for the purpose of financing the cost of acquisition and construction of certain health care facilities, all of which facilities are more fully described in Exhibit A attached hereto. (c) The Corporation and the Hospital have applied to the Authority to issue a series of its private activity revenue bonds in the initial aggregate principal amount of not to exceed $17,000,000 (the "Series 1999A Bonds") for the principal purpose of( 1 ) financing a po.rtion of certain costs of acquisition, construction and equipping of certain health care facilities (the "Project") to be owned and operated by the Hospital, (2) refinancing a portion of certain outstanding indebtedness (the "Existing Indebtedness") of the Corporation previously incurred for the purpose of financing the cost of acquisition and construction of certain health care facilities, and (3) paying costs associated with the issuance of the Series 1999A Bonds. The Corporation and the Hospital have applied to the Authority to issue simultaneously with the issuance of the Series 1999A Bonds a series of its taxable private activity revenue bonds pg. ~' in the initial aggregate amount of not to exceed $12,000,000 (the "Series 1999B Bonds" and, together with the Series 1999A Bonds, the "Bonds") for the principal purpose of (1) financing a portion of certain costs of acquisition, construction and equipping of the Project, (2) refinancing a portion of the Existing Indebtedness, and (3) paying costs associated with the issuance of the Series 1999B Bonds. (d) The Authority considers the issuance and sale of the Bonds, for the purposes hereinabove set forth, consistent with the objectives of the Act. This Agreement constitutes official action of the Authority toward the issuance of the Series 1999A Bonds in accordance with the purposes of the Act and the applicable United States Treasury Regulations. 2. Undertakings on the Part of the Authority. Subject to the terms hereof, the Authority agrees as follows: (a) Subject to the Corporation and the Hospital providing the Authority with sufficient evidence to enable the Authority to make the findings set forth in Section 159.29 of the Act, the Authority will, subject to Section 4(g) hereof, authorize the issuance of the Bonds, in one or more series, in the aggregate principal amount necessary and sufficient to finance the cost of acquiring, constructing and equipping the Project and to refinance the Existing Indebtedness as the Authority, the Corporation and the Hospital shall agree in writing (including costs of issuance of such Bonds), but in all events, the principal amount of such Bonds shall not exceed the lesser of(i) the amount determined by the Authority, the Corporation and the Hospital necessary to accomplish the foregoing, or (ii) $29,000,000. (b) The Authority will cooperate with the Corporation and the Hospital and with the underwriters, placement agents or purchasers of the Bonds and the Bond Counsel of the Authority with respect to the issuance and sale of the Bonds and will take such further action and authorize the execution of such documents as shall be mutually satisfactory to the Authority, the Corporation and the Hospital for the authorization, issuance and sale of such Bonds and the use of the proceeds thereof to finance the cost of constructing, acquiring and equipping the Project, to retinanee the Existing Indebtedness and to pay costs related to the issuance of the Bonds. (c) Such actions and documents may permit the issuance from time to time in the future of additional bonds on terms which shall be set forth therein, whether pari passu with other series of bonds or otherwise, for the purpose of (1) defraying the cost of completion, enlargements, improvements and expansions of the Project, or any segment thereof, or (2) refunding all or a portion of the Bonds. AGENDA No. i c~ A-2 2 6 (d) The loan agreements, trust indentures, and other financing documents (collectively, the "Financing Agreements") among the Authority, the Corporation and the Hospital shall, under terms agreed upon by the parties, provide for payments to be made by the Corporation and the Hospital in such sums as shall be necessary to pay the amounts required under the Act, including the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable. (e) In authorizing any issuance of the Bonds pursuant to this Agreement, the Authority will make no warranty, either expressed or implied, that the proceeds of the Bonds will be sufficient to pay all costs of acquiring, constructing and expanding the Project or that those facilities encompassed by the Project will be suitable for the purposes or needs of the Corporation. (f) The Bonds shall specifically provide that they are payable solely from the revenues derived from the Financing Agreements among the Authority, the Corporation and the Hospital or other agreements approved by the Authority. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit of Collier County, the State of Florida or any political subdivision or agency thereof, and such fact shall be plainly stated on the face of each of the Bonds. (g) Issuance of the Series 1999A Bonds by the Authority shall be contingent upon (i) satisfaction of all of the provisions hereof and all provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations promulgated thereunder, including the ability of and desirability by the Authority to issue obligations to finance the costs of the Project and to refinance the Existing Indebtedness and (ii) the approval by the Board of County Commissioners of Collier County in accordance with the provisions of Section 147(0 of the Code. 3. Undertakings on the Part of the Corporation and the Hospital. Subject to the terms hereof, the Corporation and the Hospital agree as follows: (a) The Corporation and the Hospital will use reasonable efforts to insure tk~.: the Bonds in the aggregate principal amount as stated above are sold; provided, however, that the terms of such Bonds and of the sale and delivery thereof shall be mutually satisfactory to the Authority, the Corporation and the Hospital. (b) Prior to the issuance of the Bonds in the principal amount stated above in one or more series from time to time as the Authority, the Corporation and the Hospital shall ~-- agree in writing, the Corporation and the Hospital will enter into the Financing Agreements with the Authority, the terms of which shall be mutually agreeable to the Authority, the A-3 AGENDA J A N 2 6 1 59 pg. , Corporation and the Hospital, providing for the loan or use of the proceeds of the Bonds to finance a portion of the costs of the Project and to refinance the Existing Indebtedness. Such Financing Agreements will provide that the Corporation and the Hospital will be obligated to pay the Authority (or the trustee for holders of the Bonds on behalf of the Authority, as the case may be) sums sufficient in the aggregate to enable the Authority to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable, and all other expenses related to the issuance and delivery of the Bonds. (c) The Corporation and the Hospital shall, in addition to paying the amounts set forth in the Financing Agreements, pay all applicable costs of operation, maintenance, taxes, governmental and other charges which may be assessed or levied against or with respect to the Project or the property financed by the Existing Indebtedness and refinanced with a portion of the proceeds of the Bonds. (d) To the extent not otherwise paid from Bond proceeds, the Corporation and the Hospital hereby agree to pay (i) the Authority Bond Issuance Fee, (ii) all of the out-of-pocket expenses of officials and representatives of the Authority incurred in connection with the issuance of the Bonds and (iii) all fees and expenses of Donald A. Pickworth, P.A., Counsel to the Authority, and of Brown & Wood, LLP, Bond Counsel. (e) The Corporation and the Hospital will hold the Authority and Collier County free and harmless from any loss or damage and from any taxes or other charges levied or assessed by reason of any mortgaging or other disposition of the Project or the property financed by the Existing Indebtedness and retinaneed with a portion of the proceeds of the Bonds. (f) The Corporation and the Hospital agree to indemnify and defend the Authority and Collier County and hold the Authority and Collier County and any officer or employee thereof harmless against any and all claims, losses, liabilities or damages to property or any injury or death of any person or persons occurring in connection with the Project or the property financed by the Existing Indebtedness and refinanced with a portion of the proceeds of the Bonds or the issuance of the Bonds and the Corporation's or the Hospital's undertaking thereof, or in any way growing out of or resulting,' from this Agreement including, without limitation, all costs and expenses of the Authority and reasonable attorneys' fees incurred in the enforcement of any agreement of the Corporation contained herein, but excluding any claims, losses, liabilities or damages resulting from the Authority's or Collier County's gross negligence or willful misconduct. In the event that the Bonds are not issued and delivered, this indemnity shall survive the termination of this Agreement. 7 (g) The Corporation and the Hospital will take such further action as may be required to implement its aforesaid undertakings and as it may deem appropriate in pursuance thereof. 4. General Provisions. All commitments of the Authority under Section 2 hereof and of the Corporation and the Hospital under Section 3 hereof are subject to the conditions that all of the following events shall have occurred not later than January 1, 2000, or such other date as shall be mutually satisfactory to the Authority, the Corporation and the Hospital. (a) The Authority shall be lawfully entitled to issue the Bonds as herein contemplated. (b) The Authority, the Corporation and the Hospital shall have agreed on mutually acceptable terms for the Bonds and the sale and delivery thereof and mutually acceptable terms and conditions of any trust instruments or instruments in respect thereto and any Financing Agreements or other agreements incidental to the financing or referred to in Sections 2 and 3 hereof. (c) Rulings satisfactory to the Corporation, the Hospital and the Authority as to such matters with respect to the Series 1999A Bonds, the Project, the property financed by the Existing Indebtedness, the Financing Agreements and any other trust instrument or instruments, if specified by the Authority, the Corporation and the Hospital, shall have been obtained from the Internal Revenue Service and/or the United States Treasury Department and shall be in full force and effect at the time of issuance of the Series 1999A Bonds. (d) Such other rulings, approvals, consents, certificates of compliance, opinions of counsel and other instruments and proceedings satisfactory to the Corporation, the Hospital and the Authority as to such matters with respect to the Bonds, the Project, the property financed by the Existing Indebtedness, the Financing Agreements and any other trust instrument or instruments, as shall be specified by the Corporation, the Hospital or the Authority, shall have been obtained from such governmental, as well as non-governn',mtal, agencies and entities as may have or assert competent jurisdiction over or interest in matters pertinent thereto and shall be in full force and effect at the time of issuance of the Bonds. (e) Compliance with all applicable provisions of Chapters 159, 189, 215 and 218, Florida Statutes, and the Authority's guidelines and procedures relating to the issuance of the Bonds, the interest rates thereon, the type of purchasers of the Bonds and the terms on which the Bonds may otherwise be issued. AGENDA No. ~ur ::z_ A-5 JAN 2 6 1,~S9 (f) Notwithstanding any other terms hereof, nothing contained herein shall be construed to create a binding commitment by the Authority to issue the Bonds until such time, if ever, as the Authority shall grant its final approval for the issuance of the Bonds and the final terms and provisions of the Financing Agreements. By execution hereof, the Corporation and the Hospital agree that the Authority may withhold its final approval of the issuance of the Bonds in its sole discretion and shall not incur any liability whatsoever as a result of it not granting any such approval notwithstanding any other provision hereof. (i) Receipt by the Corporation and the Hospital of all licenses and necessary approvals from the Florida Department of Insurance and any other applicable governmental authorities. If the events set forth in this Section 4 do not take place within the time set forth or any extension thereof, the Corporation and the Hospital agree that they will reimburse the Authority for all the reasonable and necessary direct or indirect expenses which the Authority may incur at the Corporation's or the Hospital's request arising from the execution of this Agreement and the performance by the Authority of its obligations hereunder, including reasonable legal fees and expenses for Counsel to the Authority and Bond Counsel. 5. Binding Effect. All covenants and agreements herein contained by or on behalf of the Authority, the Corporation and the Hospital shall bind and inure to the benefit of the respective successors and assigns of the Authority, the Corporation and the Hospital whether so expressed or not. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers thereunder duly authorized as of the 15th day of January, 1999. COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY (SEAL) /s/ Chairman ATTEST: /s/ Secretary COMMUNITY HEALTH CARE, INC. No. JA;'~ 2 ~ ISSa pg. (SEAL) /s/ President ATTEST: /s/ Secretary MARCO ISLAND HOSPITAL, INC. (SEAL) /s/ President ATTEST: /s/ Secretary AGENDA ~.~,~ No. ~ ~ A-7 JAN 2 6 1S~9 p~..,, ~'~ EXHIBIT A TO PRELIMINARY AGREEMENT DESCRIPTION OF EXISTING INDEBTEDNESS AND PROJECT The Existing Indebtedness consists of two loan agreements with First Union National Bank relating to (a) the acquisition, construction, installation and equipping of a two-story, approximately 39,000 square foot building which houses a medical clinic operated by Collier Health Services, Inc., a laboratory, various administrative offices and various social service agency offices and (b) the acquisition of a two-story, approximately 162,000 square foot building, a portion of which is used as a medical plaza which houses a wellness center, space for outpatient rehabilitation services, laboratory facilities, physician offices and clinical space. The Project will Consist of the construction and equipping of a two-story, approximately 24,000 square foot building, a portion of which will by used as a health care facility which will include a cardiac wellness center and space for outpatient rehabilitation services. ---- Naples Dai Ly News Naples, FL 34102 Affidavit of publication . '~Notlc~ofPublcHeorng Naples Daily News ~!!fle Is hereb :given th~ the'Collier County Indusfrl- .................................... ~1 DeVel~pme ~ A~orlN (the .A~orl '~} will con- ' d a speCIal hear nO on JanUory~15 :l~af ~:00 o.m. In ;the Economlc~Deyelo me~ Coun~l .of.Colller Coun- ~ ~Co~,fen~e R0d~, '~ :NO~'~Horseshoe Drive, Su[~ l~,Noples~ F orl~,-341 4 for .~e Qrpose. of re- Ce]VlnO:~ub Jccom~e~ ond~ea~ ng~d?;cusslon con- pIC~ORTH/00NALD P.A. ce~nlng ~e;~ r0pbjed IssUance '~ ~e A~horl's 5150 TANZANZ TRL N ~602 Heath Core ~Ocllltles Revenue '~n~s, ~Commu~ HeO~ Core Inc. Obliged Group Series 199~A In N~LES FL 34103 amount not +o exceed $20,~0,000 ~ n n I e uBofndS" for the ' umose 0f mdklng o I~n ~ Comm~nl~ Heath Core, . ~c., ~ Florida car or~on no+ for profit ("Community Hag ffi Cor~"), an~orco Island Hospital, Inc., o Flori- da corporalIon nOt fo~ profit '~MaFCO Island Hospltog"), for the U~ose of p~oVldtng ~unds ~o effier w~h ovallob~; 'funds to~(a) retire ced~n ~ferlm 'indebted- ;*n~sS ~InC~e~ ~n' c0nne~on Wlffi 'the re~nonclnO of o co~m~rClal .~dnk I~n ~e roc~s::of:~whlch were REFERENCE: 01078~ used/.~;:c~"s~Udand equ~ a' '~o-s~ry, opproxl- 578019~ Notice of Public Hea m~ey'*:3~O00's~udre f~t building which houses medical clinic ~er~ed by Collier Hearth ~rvices. inc. o Florida corpor~lon not for pr~, o laboratory, State of FLorida vor[ous odmlnl~lve offices ~ ~do~ sKie~ County of CoL~er senile ~en ~ffices ~e "1 the undePs~ ned author~ty~ personally Before Jehn.~..Tay~r~ uho-on oat.. ~ys tha~. e · ' appe~r~ .. '9, approxlm~ely 162,~0 square fog buildIn, a serves as Assistant Controller of the Naples. Dail'. >gallon of which 15 used as o medical plaza ~lch Ne~s~ a daily newspaper published at Naples, in qouses o wellhess center, space for o~lent rehabll- COL liar County, FLorida= that the attached copy ~ ~j°~l~;~C~;a~?f~°~ of adver t is i ng was pub t is bed in s. i d newspaper on ~:~+~71;;;~,~,%%%i~s2%.%i;~q~%IZVou~?ldl;g ~tes Listed. o o~on of which wlll.beus~ as o health core facility Aftlent further says that the said Naples Daily ~c~ WIII'lnClD~ a Cardiac Wellnqss center end News is a newsyper published at Na Lee, tn said ~dmlm%nf~ ~r~l~ei~ma~a~a~m~io%e~C.~(~,';~?~: COLt tar County, Florida, and t~t tK. said cuffed ,n~onned?on w.~ the Tssubnce of ~. Bonds,. newspa er has heretofore been continuously InclUding cedoIn fees and expenses incurred In con- pubLis~+ in said Collier County, F Lotida, each nedion w~ credH enhonceme~forme Bonds. day and has been entered as second class mail The.lmmokalee Heo~ ~re Pro elf is located ~ 1454 matter at the post office in Naples, in sa~d MadiSOn Avenue Immokalee, Florl~ and Is owned by C~er County, FLorida, for a period of 1 year C°m'Un~HeOlVhCare' , -.c.ing the first publication of the S%Sd~:~2~i~l~:.offl~lffolS%~ll . r . .: I.. r . owned ~ copy of advert i seaant} and aft i ant · and ape ~ bY Commun ~-H~h ~re. ~. .dr says that she has neither pa~d nor i The ~orcoJSlond PPo'ed IS I~ed~ 40 He~hWood promis~ any person, firm or coporation any DriVe :So).~o cd Island Flofi~o and Is owned and discount~ rebate~ commission or refund for the op~rmedbv~q~.~0q~ospltol., ~ ::.. : r v I r pur~se of securing th~s advertisement for JAIl i~eSi.~:~;~.s'~:ore 'lnVlt;d ~ submit ~l~en publication in the said newspaper. coma' U~:~ena~fhe h~rlng either ~erso~lly or ~t~rt' represe~ · onB ~11 be Ivan on op- 'pd~nl~ ~ express their vfews concern~g ~e p ol- PUBLISHED ON: 12/30 e~ or the flnanc nO An one des ringto make wr commen~ In O~once ~the hearing may send such Comme'~io: "' ' AD SPACE: 18a.~0 INCH {he(0nsl.er~n~X~0r, dndwllln;~blndme FILED ON: 12~~~ A~hor . '~gre~ of f · opp c~ons for fw~ncln o e .... ' ............' ........................ ............... signa~dr= of A'r~"'~; meA~hor~s~bo ._- ~ ~ ~ . ~ TOBEBA'SED.'; :. - ' . In acCordOnce'w~ She ~er cons wlffi DIsabilities Ad persons neeffin ' d s ' clal occommod~lon ~o por- flclp~e Inthls' hearing s~uld co~o~ Donald A. Pick- fernol Revenue C~e, ~s oreenid. JA t 2 6 lgS9 EXHIBIT B (INDUCEMENT RESOLUTION-COMMUNITY HEALTH pg. ZO , CARE, INC./MARCO IS~ND HOSPITAL) . RESOLUTION NO. 99- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY SECTION 147(f) OF THE INTERNAL REVENUE CODE, AS AMENDED; PROVIDING FOR OTHER RELATED MATTERS. Whereas, the Collier County Industrial Development Authority (the "Authority") is a body corporate and politic of Collier County, Florida ("Collier County") created by Collier County Resolution No. 79-34 duly adopted by the Board of County Commissioners on February 27, 1979 pursuant to Part III of Chapter 159, Florida Statutes, as amended, with the power to issue revenue bonds for the purposes of financing a "project" as defined in Pan II of Chapter 159, Florida Statutes, as amended; and Whereas, Community School of Naples, Inc., a Florida not for profit corporation, with certain facilities located within the boundaries of Collier County, Florida, (the "Corporation") has requested the Authority to issue its revenue bonds (the "Bonds") for the benefit of the Corporation and to loan all or a portion of the proceeds thereof to the Corporation to, among other things, (i) pay or reimburse the Corporation for the payment of, or to refinance certain prior debt the proceeds of which were used to pay, costs of acquiring, constructing, renovating, rehabilitating and equipping certain educational facilities located in Collier County, Florida (the - - "Project"), and (ii) pay certain expenses incurred in connection with the issuance of the Bonds, and Whereas, Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the elected legislative body of the govemmental unit which has jurisdiction over the area in which the facility financed with the proceeds of tax exempt bonds is located is to approve the issuance of such bonds after a public hearing; and Whereas, the Board of County Commissioners of Collier County, Florida (the "Board") is the elected legislative body of the County; and Whereas, the Authority caused notZce of a public hearing to consider approval of the Bonds and the location and nature of the Project to be financed with the proceeds of the Bonds to be published on or before December 30, 1998 in the Naples Daily News, a newspaper of general circulation in the County, and a copy of said notice is attached as Exhibit A (the "Notice"); and Whereas, the Authority held a public hearing on January 15, 1999, pursuant to the Notice and adopted a resolution ( the "Resolution") authorizing the issuance of the Bonds, a copy of which is attached as Exhibit B, and has recommended to the Board that it approve the issuance of the Bonds in accordance with Section 147(f) of the Code; and Whereas, for the reasons set forth above, it appears to the Board that the: ....... ~ ~c,~,~ .. issuance and sale of such Bonds as required by Section 147(f) of the Code is in t] ~ I JA t 2 6 I'339 pg, ZX · if · i -_7 of Collier County, NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of Collier County, Florida, that: Section 1. Agproval of Issuance of the Bonds. This Board hereby approves the issuance of the Bonds by the Authority for the purposes described in the Notice pursuant to Section 147(f) of the Code. The Bonds shall be issued in such aggregate principal mount, bear interest at such rates, mature in such amounts and be subject to such optional and mandatory redemptions as are approved by the Authority without the further approval of this Board. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer or employee thereof shall be liable personally on the Bonds by reason of their issuance. This approval shall in no way be deemed to abrogate any regulations of Collier County applicable to the project and the project shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan, all concurrency requirements contained ,.-._ therein, and the Collier County Land Development Code. Section 2. Severability. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption, and any provisions of any previous resolutions in conflict with the provisions hereof are hereby superseded. PASSED and Adopted this __ day of January, 1999. [Remainder of this page intentionally left blank, signatures on next page] ,JA. t 2 6 1, 39 2 ATTEST: COLLIER COUNTY, FLORIDA BY Dwight E. Brock, Clerk ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk Pamela S. Mac'Kie Chairwoman [SEAL] Approved as to form and legal sufficiency: David C. Weigel, U'ohnty ~[tomey No. Naples Dat Ly News Naples, FL 34102 Affidavit of Publication Naples Daily Ne~/s ............................ NOTICE OF MEETING AND PUBLIC HEARING The Coillet un~/Indus~r a Development Author the "A~hor~ .) will hold o s eclol meeting and ~c hearing on ra~uOr 15 199~ 9 00A ~ ~ the ~co- ~mic ~DeV' ~pme~ ~ouncll - ~ . Collle~ Coun~ PIC~0RTH/DONALD P.A. ~nferehce ~ ~m, 3050N~ Horseshoe Orlve, Suite 20,NdPle$, ~ orl~, '~104 t0-C'0nslder adopt on of a 5150 T~ZAHI TRL N ~2 esol~ion p~ ,Idln Yor ~e 'pfellmfna~ approval of NAPLES FL 3~103 he .IsSUance by ~he .~.~Ort~' f not exceeding S~,~0,~0 dr: iln~uS~lOi-~Deve?~pme~-Revenue Bdnd~ 'Comn ~:~$Chobl ~:Nep ~S,:lnc, Proled), Se- ties ]~ ,~[~ ?~r es '1999. Bbnds ').:The. Se~ es 1999 ~n~ ~ll be ssUed forthe 'rlnc~ put ose of loan- Ing ~e proceeds ~ereof ~ Commun~ .School of ~oplest Ihc.~ :Florldo cor~r~lon no~ for profl~ (the OSf.of OC' ulsff[on, cons~udlon and equ pp ng of cer- 57801939 NOTZCE OF NEETZNG AN ~ln bduc~lonol faCIlities descfib~ below and fo State of FLorida 1. PROJECT DESCRIPTION: County of ColHer ~ Before the unders~ ned authority, personally ' appeared John E. Tay~ to 2 I bul sch~l build[figs' or, ~h0 on oath says that he ' . ng~ serves as Assistant Controller of the Naples Da~Ly -,andav01unteer/od lsl- fignot additional prope~ c~M gUous to ~he Bor- Ne~s~ a da~Ly newspaper published at NapLes~ ~n rower's existin sch~ls for fmure expansion' and ColHer C~nty~ FLorida: that the attached copy me reconS~u~on and reworkn0 of porkln~ and ~letic fields 'on~e prope~. Of advertising ~as published ~n sa~d newspaper on ,~.PROJECTLOCATION:' dates Hst~. 32511neRId eRoad . Affiant further says that the sa~d Naples Da~ty NaPles 'Florl~34109 ::INI.TIALOPERATOR AND OWNER:. Ne~s is a newspaper published at Na Les, ~n sa~d com~u~1~ school of Naples ;Inc., '(a Florida cor- ColHer County~ FLoHda~ and that tKe sa~d ~0r~lonnoffor~r~ffco~ or~on). T Sqrles ~999 Bonds shall~:' payable solely ~om ~he newspaper has heretofore been continuously re e~u~s'~edV~d~yfhe A~ho~0m a I~n ond o~h- published ~n sa~d ColHer County, FLorida, each er flnonclng ~umen~be~een ~he A~horl~ and the day and has been entered as second class M} L Borrower prlor~o 0r co~em ~aneousl w fhfhe Issu- .~nce of the Series 1999 Bon~. SuCh SeXes 1999 Bonds matter at the pat office ~n Naples, ~n sa~d and the I~eresf ~ereod shall ~ constlt~e on Indebt- Collier County/FLorida/fop a period of 1 year edness or: led e of~he general credit artaxing power of 'Collier ~ou~,'+he Sf~e of Florida or any po H cot ~Pec~ng the first pubL~cat.~on of the subdiviSIon or o ency ~ereo. ISsuance of the Series ~d copy of advertisement; and affiant '~ BOnds Sho ? be subled ~ severo conditions In- Cluding s~lsfOdor dOcume~lon -~e a~roval by prum~s;dsays that she has neither pa~d nor ~~ ~duD~el as fo .~he'tox-exempf s~us of the interest any pePson~ firm oP co~Pat~on any on ~ e Series 1999 Bon~ and recelp+ ~f necessary Qp- pr~ls.f0r',~e ~nonclng. The ~oremen~ oned meet ng d~scount, rebate, commission or refund for the shOII be ~ ~Ubl c 'meeting and all persons who may be ~n~se of secudng th~s advenfisement for IntereSted ,will be given on ~nlN to be heard con- C rnln ~he'~me. . publication ~n the sa~d newspaper. . '. Al?l~eresfed ~etSons are lnvffed to subraft wrl~en c 'men~ or .~end the hearing ellher Personally Or PUBLZSHED ON: 12/30 t OUght air r~rese~lve On~ wU be ivan on op- ~ ~nl~ express their v(ews concerning the prol- e~ or the financing. An one desiring ~o make wr ~en comma '!n advance ~Y~e hear ng may send such comme~fo: . ~ Col ler Coun~ ndu ~ o Dave opmenf A~hor ~ ' ~/o'Ec0nomlc'D~opmem ~un~ll .. z 050 Nodh Horseshoe Drlve~ Suite 120 AD SPACE: I~.~0 ZNCH "%:N~leS;Florlda34104 : :. % ~ ~ rl~: pies d the app lc~lons for ~nonc ng are Signature of Affian :~ allable~e%}gs e~W~t~0~Bd co,~yng ¢~he offl~ of the .... ~,-ANY'cPERS:ON DECI~E"TO APPEAL ANY P u % 'SPECT TO ~ATTER CONSIDERED AT SUCH ~ HEARING SUCH PERSON WILL:NEED A RECORD OF - --3- ~RBATIM RECORD OF THE ;PR¢"EDJNG5 ~ADE WHICH RECORD INCLUDES THE TESTIMONY AND'.~IDENCE UPON WHICH THE APPEAL S TO BE ..~ '~ .... ]OVCe ~ ~$OZ~T :~ ~~occordance ~1~ ~e AmeriCans w~ Dls~llffies -~E~:,,~ 60N~DiR~UT~YF~NBU "' fiS;'~f~C~;IS given pursua~ ~ ~dlon 147(~ of me an- ~al R~Vehue C0de~ as ~mended · ~.~r, ' ~lller C~'u~l dus~larDeVelopme~ AufhorlW /s7 Doff~ld A::PP~wodh ;, ASsls~anfSe~arV and General ~unsel . · December 30 ~ . No. ~ 331283 EXHIBIT A TO COUN~ RESOLUTION jA;'t 2 6 (COMMUNI~ SCHOOL) pe. . RESOLUTION 99- AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF PRIVATE ACTIVITY REVENUE BONDS IN AN INITIAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $9,000,000 FOR THE PRINCIPAL PURPOSE OF FINANCING AND REFINANCING CERTAIN COSTS INCURRED OR TO BE INCURRED BY THE COMMUNITY SCHOOL OF NAPLES (THE "CORPORATION") IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EXPANSION OF CERTAIN EDUCATIONAL AND ANCILLARY FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF AGREEMENT BY AND BETWEEN THE AUTHORITY AND THE CORPORATION; AND PROVIDING FOR RELATED MATTERS. WHEREAS, The Community School of Naples, a Florida not-for-profit corporation (the "Corporation"), has applied to the Collier County Industrial Development Authority (the "Authority"), to issue its private activity revenue bonds in the initial aggregate principal amount of not to exceed $9,000,000 in one or more series (the "Bonds") for the principal purpose of (1) financing or re~nancing certain costs of acquisition, construction and equipping of certain educational facilities (the "Project") to be owned and operated by the Corporation, (2) re~nance certain outstanding indebtedness of the Corporation previously incurred for the purpose of financing the cost of acquisition and construction of certain educational facilities, and (3) paying costs associated with the issuance of the Bonds. WHEREAS, the Corporation has requested that the Authority loan the proceeds of the Bonds to the Corporation pursuant to Chapter 159, Parts II and III, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act") in order to accomplish the foregoing; and WHEREAS, the bond resolution granting the final authority for the issuance of the Bonds has not yet been adopted by the Authority; and WHEREAS, the issuance of the Bonds under the Act in one or more issues or Series in such amounts of tax-exempt and/or taxable bonds not exceeding an aggregate principal amount of $9,000,000 and the loaning of the proceeds thereof to the Corporation to finance and refinance a portion of the costs of the Project under a loan agreement or loan agreements or other financing agreements, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authox .."j, ;~!l ~ssis* t_he . . EXHIBIT B TO COUNTY RESOLUTION JAN 2 S lSS9 (COMMUNITY SCHOOL) pg. WHEREAS, the Corporation has submitted the Memorandum of Agreement (the "Memorandum of Agreement") relating to the issuance of the Bonds, attached hereto as Exhibit A; and WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Authority did on the date hereof hold a public hearing on the proposed issuance of the Bonds for the purposes herein stated, which date is more than 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County and which public hearing was conducted in a manner that provides a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on the issuance of such Bonds and the location and nature of the Project, as more particularly described in the notice of public hearing attached hereto as Exhibit B; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by the Corporation; NOW, THEREFORE, IT IS DETERMINED AND RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution, ~._ hereinafter called "Resolution" is adopted pursuant to the provisions of the Act and other applicable provisions of law. SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Corporation to proceed with the financing and refinancing of a portion of the costs of the Project and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available to finance and refinance a portion of the costs of the Project, all in accordance with and subject to the provisions of the Act, the Constitution and other laws of the State of Florida, including the Internal Revenue Code of 1986, as amended and this Resolution, but subject in all respects to the terms of the Memorandum of Agreement hereinafter referred to. SECTION 3. APPROVAL OF THE FINANCING AND REFINANCING. The financing and refinancing of a portion of the costs of the Project by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the economic development, prosperity, health and welfare of the citizens of Collier County, will promote the general economic structure of Collier County, and will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Corporation meeting the conditions set forth in the Memorandum of Agreement to the sole satisfaction of the Authority. SECTION 4. EXECUTION AND DELIVERY OF MEMORANDUM OF AGREEMENT. The Chairman or the Vice-Chairman is hereby authorized and directed to execute, AGENDA ITE~.s 2 No. t~ t3: ~YLt) for and on behalf of the Authority, the Memorandum of Agreement attached hereto as Exhibit "A" between the Authority, the Corporation providing understandings relative to the proposed issuance of the Bonds by the Authority to finance a portion of the costs of the Project in an aggregate principal amount not to exceed the lesser of(a) $9,000,000 or (b) the amount determined by the Authority, the Corporation to be necessary to accomplish the foregoing. SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Corporation and subject in all respects to the conditions set forth in the Memorandum of Agreement attached hereto, in one or more issues or Series of such revenue bonds in an aggregate principal amount not to exceed $9,000,000 for the principal purpose of financing a portion of the costs of the Project as described in the Memorandum of Agreement. The rate of interest payable on the Bonds shall not exceed the maximum rate permitted by law. SECTION6. GENERAL AUTHORIZATION. The Chairman and the Vice-Chairman are hereby further authorized to proceed, upon execution of the Memorandum of Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds subject in all respects to the terms and conditions set forth in the Memorandum of Agreement authorized hereby. SECTION 7. OFFICIAL ACTION. This resolution is an Official Action of the Authority toward the issuance of the Bonds, as contemplated in the Memorandum of Agreement, in accordance with the purposes of the laws of the state of Florida and the applicable United States Treasury Regulations. SECTION 8. LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the state of Florida or any political subdivision or agency thereof but shall be payable solely from the revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority, the Corporation prior to or contemporaneously with the issuance of the Bonds. The Authority has no taxing power. SECTION 9. LIMITED APPROVAL. The approval given herein shall not be construed as an approval of any necessary rezoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of Collier County or estopping Collier County from asserting any rights or responsibilities it may have in that regard. pe. 'L "/ SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately. ADOPTED this 15th day of January, 1999. COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, COLLIER COUNTY, FLORIDA (SEAL) /s/ Chairman ATTEST: Isl Secretary EXHIBIT A TO RESOLUTION MEMORANDUM OF AGREEMENT FOR ISSUANCE OF PRIVATE ACTIVITY REVENUE BONDS This Agreement between the Collier County Industrial Development Authority, a public body corporate and politic (the "Authority"'), and The Community School of Naples, a Florida not-for- profit corporation (the "Corporation"). WITNESSETH: 1. Preliminary_ Statement. Among the matters of mutual understanding and inducement which have resulted in the execution of this Agreement are the following: (a) Whereas Chapter 159, Parts II and III, Florida Statutes, and other applicable provisions of law (the "Act") provides that the Authority may issue revenue bonds and loan the proceeds thereof to one or more persons, firms or private corporations, or use such proceeds, to defray the cost of acquiring, by purchase or construction, certain qualifying educational facilities. (b) The Corporation is considering financing or refinancing a portion of the costs of acquisition, construction and equipping of educational facilities, which facilities are more fully described in Exhibit A attached hereto (the "Project"). (c) The Authority intends this Agreement to constitute its preliminary approval, subject in all respects to the terms hereof, to issue its bonds (the "Bonds") in one or more Series or issues pursuant to the Act in an amount to be agreed upon by the Authority and the Corporation and to loan the proceeds thereof to the Corporation, or to use such proceeds, to finance and refinance a portion of the costs of the Project and payment of all or a portion of the costs incurred in connection with the issuance of the Bonds by the Authority and the Corporation, up to an amount not to exceed $9,000,000. (d) The Authority considers the issuance and sale of the Bonds, for the purposes hereinabove set forth, consistent with the objectives of the Act. This Agreement constitutes the official preliminary action of the Authority toward the issuance of the Bonds as herein contemplated in accordance with the purposes of both the Act and the applicable United States Treasury Regulations. 2. Undertakings on the Part of the Authority_. Subject to the terms hereof, the Authority agrees as follows: (a) Subject to the Corporation providing the Authority with sufficient evidence to enable the Authority to make the findings set forth in Section 159.29 of the Act, the Authority will, subject Pa. zq , to Section 4(g) hereof, authorize the issuance of the Bonds, in one or more Series or issues, in the aggregate principal amount necessary and sufficient to finance and refinance a portion of the cost of acquiring, constructing and expanding the Project as the Authority and the Corporation shall agree in writing (including costs of issuance of such Bonds), but in all events, the principal amount of such Bonds shall not exceed the lesser of(i) the amount determined by the Authority and the Corporation necessary to accomplish the foregoing, or (ii) $9,000,000. (b) The Authority will cooperate with the Corporation and with the underwriters, placement agents or purchasers of the Bonds and the bond counsel of the Authority with respect to the issuance and sale of the Bonds and will take such further action and authorize the execution of such documents as shall be mutually satisfactory to the Authority and the Corporation for the authorization, issuance and sale of such Bonds and the use of the proceeds thereof to finance and refinance a portion of the cost of constructing, acquiring and expanding the Project and pay costs related to the issuance of the Bonds. (c) Such actions and documents may permit the issuance from time to time in the future of additional bonds on terms which shall be set forth therein, whether pari passu with other Series of bonds or otherwise, for the purpose of defraying the cost of completion, enlargements, improvements and expansions of the Project, or any segment thereof, or refunding of the Bonds. (d) The loan agreement(s), trust indenture, mortgage(s) and other financing documents --'- (collectively, the "Financing Agreements") between the Authority and the Corporation shall, under terms agreed upon by the parties, provide for payments to be made by the Corporation in such sums as shall be necessary to pay the amounts required under the Act, including the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable. (e) In authorizing any issuance of the Bonds pursuant to this Agreement, the Authority will make no warranty, either expressed or implied, that the proceeds of the Bonds will be sufficient to pay all costs of acquiring, constructing and expanding the Project or that those facilities encompassed by the Project will be suitable for the purposes or needs of the Corporation. (f) The Bonds shall specifically provide that they are payable solely from the revenues derived from the Financing Agreements between the Authority and the Corporation or other agreements approved by the Authority, except to the extent payable out of amounts attributable to Bond proceeds. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit of Collier County, the State of Florida or any political subdivision or agency thereof, and such fact shall be plainly stated on the face of the Bonds. (g) Issuance of the Bonds by the Authority shall be contingent upon satisfaction of(i) all of the provisions hereof and (ii) all provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations promulgated thereunder, including the ability of and desirability by the Authority to issue obligations to finance a portion of the costs of the Pro ect and the approval No. 1~( A-2 ' thereof by the Board of County Commissioners of Collier County in accordance with the provisions of Section 147(0 of the Code. 3. Undertakings on the Part of the Corporation. Subject to the terms hereof, the Corporation agrees as follows: (a) The Corporation will use reasonable efforts to insure that the Bonds in the aggregate principal amount as stated above are sold; provided, however, that the terms of such Bonds and of the sale and delivery thereof shall be mutually satisfactory to the Authority and the Corporation. (b) Prior to the issuance of the Bonds in the principal amount stated above in one or more Series or issues from time to time as the Authority and the Corporation shall agree in writing, the Corporation will enter into the Financing Agreements with the Authority, the terms of which shall be mutually agreeable to the Authority and the Corporation, providing for the loan or use of the proceeds of the Bonds to finance a portion of the costs of the Project. Such Financing Agreements will provide that the Corporation will be obligated to pay the Authority (or the trustee for holders of the Bonds on behalf of the Authority, as the case may be) sums sufficient in the aggregate to enable the Authority to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable, and all other expenses related to the issuance and delivery of the Bonds. (c) The Corporation shall, in addition to paying the amounts set forth in the Financing Agreements, pay all applicable costs of operation, maintenance, taxes, governmental and other charges which may be assessed or levied against or with respect to the Project. (d) To the extent not otherwise paid from Bond proceeds as part of the costs of the Project, the Corporation hereby agrees to pay all of the out of pocket expenses of officials and representatives of the Authority incurred in connection with the issuance of the Bonds and will pay all fees and expenses of the Authority in accordance with its guidelines, of Donald A. Pickworth, Esq., Counsel to the Authority, and ofNabors, Giblin & Nickerson, P.A., Bond Counsel. (e) The Corporation will hold the Authority and Collier County flee and harmless from any loss or damage and from any taxes or other charges levied or assessed by reason of any mortgaging or other disposition of the Project. (f) The Corporation agrees to indemnify and defend the Authority and Collier County and hold the Authority and Collier County harmless against any and all claims, losses, liabilities or damages to property or any injury or death of any person or persons occurring in connection with the Project or the issuance of the Bonds and the Corporation's undertaking thereof, or in any way growing out of or resulting from this Agreement including, without limitation, all costs and expenses of the Authority and reasonable attorneys' fees incurred in the enforcement of any agreement of the Corporation contained herein, but excluding any claims, losses, liabilities or damages resulting from the Authority's or Collier County's gross negligence or willful misconduct. In the event that the Bonds are not issued and delivered, this indemnity shall survive the termination of this Agreement. AGENDA tTEr,,,a . A-3 No. t d.:,:l 2 6 1539 pg.. 3i -'- (g) The Corporation will take such further action as may be required to implement its aforesaid undertakings and as it may deem appropriate in pursuance thereof. 4. General Provisions. All commitments of the Authority under Section 2 hereof and of the Corporation under Section 3 hereof are subject to the conditions that all of the following events shall have occurred not later than January 1, 2000, or such other date as shall be mutually satisfactory to the Authority and the Corporation. (a) The AuthoriV' shall be lawfully entitled to issue the Bonds as herein contemplated. (b) The Authority and the Corporation shall have agreed on mutually acceptable terms for the Bonds and the sale and delivery thereof and mutually acceptable terms and conditions of any trust instrument or instruments in respect thereto and any Financing Agreements or other agreements incidental to the financing or referred to in Sections 2 and 3 hereof. (c) Rulings satisfactory to the Corporation and to the Authority as to such matters with respect to the Bonds, the Project, the Financing Agreements and any other trust instrument or instruments, if specified by the Authority and the Corporation, shall have been obtained from the Internal Revenue Service and/or the United States Treasury Department and shall be in full force and effect at the time of issuance of the Bonds. (d) Such other rulings, approvals, consents, certificates of compliance, opinions of "" counsel and other instruments and proceedings satisfactory to the Corporation and to the Authority as to such matters with respect to the Bonds, the Project, the Financing Agreements and any other trust instrument or instruments, as shall be specified by the Corporation or the Authority, shall have been obtained from such govemmental, as well as non-governmental, agencies and entities as may have or assert competent jurisdiction over or interest in matters pertinent thereto and shall be in full force and effect at the time of issuance of the Bonds. (e) Compliance with all applicable provisions ofChapters 159, 189,215 and218, Florida Statutes, and the Authority's guidelines and procedures relating to the issuance of the Bonds, the interest rate thereon, the type of purchasers of the Bonds and the terms on which the Bonds may otherwise be issued. (f) Receipt of a favorable feasibility report demonstrating the financial feasibility of the Project in form and substance satisfactory to the Authority. - (g) Notwithstanding any other terms hereof, nothing contained herein shall be construed to create a binding commitment by the Authority to issue the Bonds until such time, if ever, as the Authority shall grant its final approval for the issuance of the Bonds and the final terms and provisions of the financing and refinancing. By execution hereof, the Corporation agrees that the Authority may withhold its final approval of the issuance of the Bonds in its sole discretion and shall ,_. not incur any liability whatsoever as a result of it not granting any such approval notwithstanding any other provision hereof. , " A-4 j,:.:'t 2 s lsSa Pc. ,B?--- , (h) Receipt by the Corporation of all licenses and necessary approvals from the Florida Department of Insurance and any other applicable governmental authorities. If the events set forth in this Section 4 do not take place within the time set forth or any extension thereof, the Corporation agrees that it will reimburse the Authority for all the reasonable and necessary direct or indirect expenses which the Authority may incur at the Corporation's request arising from the execution of this Agreement and the performance by the Authority of its obligations hereunder, including reasonable legal fees for counsel to the Authority and the expenses of bond counsel. 5. Binding Effect. All covenants and agreements herein contained by or on behalf of the Authority and the Corporation shall bind and inure to the benefit of the respective successors and assigns of the Authority, the Corporation whether so expressed or not. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers thereunder duly authorized as of the __ day of ., 1999. COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, COLLIER COUNTY, FLORIDA (SEAL) /s/ Chairman ATTEST: /s/ Secretary THE COMMUNITY SCHOOL OF NAPLES (SEAL) /s/ President ATTEST: /s/ Secretary A-5 JAI'I 2 a 1BS9 Pc- 33 ... EXHIBIT A TO MEMORANDUM OF UNDERSTANDING DESCRIPTION OF PROJECT The Project will consist of, but not be limited to, the acquisition, construction, installation and equipping of additional buildings to the Borrower's present campus, such buildings to include but not be limited to 2 lower school buildings, 2 high school buildings and a volunteer/administration center and a library; the acquisition of additional property contiguous to the Borrower's existing schools for future expansion; and the reconstruction and reworking of parking lots and athletic fields on the property. pg. Naples DaiLy Neus Naples, FL 34102 Affidavit of Publication Naples Dai Ly News ............................ . NOTICE ~)F MEETING AND PUBLICHEARING The Collier County Industrlol DevelOpment Authority the "A'Uthoi'lty") will hold o s eCIol meeting and ub- IIc hearing on*Jaguar 15 199~>at 9:00 A.M. at the Bco- nomlc !~DeV~ opmen¥ ~ouncll of Collier County ConferenCe RoOm, 3050-North HOrseshoe Drive, 5ulte PICK140RTH, DONALD P.A. 120, Nc~ples ;Floi"jda, 34104 to consider adoptlon of a 5150 TAflIAMZ TRL N #602 resolution proPidlng :for the preliminary approval of NAPLES FL 34103 the ssu~ncel-by the ~t~uth.orlty of not exceeding S9,000,000 ~of 'its industrial :Development Revenue Boids Community School Of Naples, Inc. Project], So- des -19~9. (l~e "series 1999 BOnds.). The. Series 1999 Bo ds ~/.'ll be Issued for the principal pu Dee of loan- Ing the proceeds thereat to Communl~ .School of · Naples~ Inc. ,a Florida corporation not for profit (the REFERENCE: 010784 ; co~t:of'ac ulSlfion, Constructlon'and eqUlpplng of cer- 57801939 NOTICE OF flEETING AN ' Lain educelanD1 facilities described below and to re- finance Certain outstanding 'indebtedness of the Borrower: State of F loPida a. PROJECT DESCRIPTION: County of Col Liar Acquisition, construction Installation and eclulpping · 0 · pallrio · ull Ings :~ the B WE~ O~ oath says that he w' I . 2, .t n 2 serves .. Assistant Controller of the Naples Daily . ;d :v;~ t~on f oddltlonal properh/contiguous to the Bar- News, a dai ty newspaper published at Naples, in rower's exlsfin schools for ~uture expansaon; CoLlier County, Florida: that the attached copy the reconsfru~on and reworkSrig of parking ~ofs Of advertising wee published in said newspaper on ond~h~e~cfie~dson'theproperh/. 2. PROJECT LOCATION: ' dates tiered. 3~51R~neR~d BRoad NaPles Affiant further days that the seid Naples Oai ly 3. ~N~T~A] OPERATOR AND OWNER: ~ews is a newspaper published at Ne Les, in said community SChool of Nap!dE i~nc~, (o F~oddo cor'- ppr0tlOn n0f to~ p otlf car or~ CoL Liar county, FLorida, and that t~e said T ese lea 1999 Bands shall ~e payable solety from the newspaper has heretofore been continuously i r r I r revenues derlP~d by the Authority .f am a loan and oth- · financing documents between the Authority and the published in said Collier County, FLorida, each Borrower prior to or content oroneously wlth the issu- o ce of the Series 1999 Bon~. Such Series 1999 Bonds day and has been entered as second class mait matter at the post office in Naples, in said and the Interest thereon shall not conStitute anlndebt- COL Liar County, F Lorida, for a period of I year edness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political next preceding the first publication of the subdivlSlonoiagency thereof. Issuance of the Series attached copy of advertisement; and aftlEnt 1999 Bonds sol be subled to several conditions In- clud ng sat sfoctor documentation, the o provol by bond counsel as to .¥he tax-exempt status of ~e interest further says that she has neither paid nor I i n f t on the 'Series 1999 Bonds and receipt o necessary op- promised any person, firm or coporation any proPals for;the financing. The aforementioned meeting discount, rebate, commission or refund for the shall be a'i>ub lc-meetlng and El! persons who may be Interested will be 'glven an opportu Ity to be heard con- purpose of securing this advertisement for cernln the same. pubLi cotton in the said newspaper. Al~lnterestod persons ore Invited to subml written c0rr~ments-or triterid the hearing either personally or through their representative on~ w111 be ivan on op- PUBLISHED ON: 12/30 portUlilty to express their v(ews concern~r~g the pro- acts or the financing. An one desiring to make written Comments '.in advance o~( the heOrlng may send such comments o: " . Coil er County Industrial Development Authority c/o Ec0nomlc'D'eV~lopmentCouncll .. 3050 North Horse hoe Drive, Suite 120 ~ .:NalSlesZFIo ida 34104 : · AD SPACE: 186.000 INCH Written comments receivedinlEt!Once of the hearing, FILED 0N: 12/30/98 _E~_~~ anLd'~r0 ~0mments mode .at he hearIn , ore for the Y a o labia for ns action-and copying ~t.~he off'ca of the Signature of Affia '- · A rltVSetfo~>~rbbO e;%..~-~-2'5"" r ~ H S~UtO~FD!ANY PERSON D CI "TO PPEAL ANY swat. to .nd ubscr thi, 3D- dsy C- ~'/9/--~' ~PECT TO"'/s,'I~Y MATTER CONSIDERED AT SUC ~ HEARING SUCH PERSON WILLNEED A RECORD OF THE PROCEEDINGS AND FOR THAT PURPOSE, PersonaLLy known by me O (> . ~'_. ~ ~ J~- SUCH PERSON MAY NE~'D TO ENSURE THAT A VERBATIM RECORD OF THE .PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY - AND~vJIDENCE UPON WHICH THE APPEAL IS TO BE · :In accordor~:e~with the Americans Ith'TLL~lllfies~ct~ "~'~"' ~oyce ~. B~clzief ~.R persons neeffir~i~ o special accommodation to particl- e., · : :. fitlO, ~Og2 seven(7 davsprlZr'to't2ehlia5ln .W A This r~ottce ls given pdrsuont to ~dtlon 1 (f) of the In- COllier COurrh/Industi' a Dev~ opmerrt' thorh~y /S/Dor~ald A, PIc worth :, !- 'ASsistantSecretary and Gone ol Counse December30 , . o, 133 283 EXHIBIT B J.Abl 2 ~ ~53.9 (INDUCEMENT RESOLUTION-THE COMMUNITY SCHOOL OF NAPLES, INC. PC. -_35 Naples DaiL News Naples, FL ~4102 Affidavit of Publication Naples Daily News PICKWORTH, DONALD P.A. 5150 TANIAMZ TRL N #602 NAPLES FL 34103 da~ for the avail{ REFERENCE: 010784 nes: 5780196~ .Notice of Public Hea cdmme State of FLorida County of Collier appeaP~ ~-on-oath ~sya that he serves as Assistant Controller of the Naples Daily " News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on ed" dates listS. Affiant further says that the sa~d Naples Daily 'o News is a newspaper published at Naples, in said Collier County, FLorida~ and that t e said co Islond (the "~or- r newspaper has heretofore been continuously cu red In Including .cedoln fees ond expenses incurred In con- publish~ in said Collier County, Florida, each n~lonw~credlfenhonceme~forffieBonds. day and has been entered as second class mail matter at the post office in Naples~ in said The Immokolee Heolfh Core Prole~ is I~ed ~ 145~ ~odlson Avenue Im~okolee, Fiorl~ ond Is owned by Collier County, Flopida, for a period of I year Commun~Heo~hCore. next receding the first publication of the ~ The Grond Cen~ol St~lon Pro ed is ioc~ed ~ Copy Of advertisement; and affiant Goodle~e R~d So~, Noples, ~lorido ond Is ~ 308 r says that she has neither paid nor ) ond oper~ed by Communl~ H~lih Care. owned ~ any person, firm or coporation any ' The ~orco Isiond P~o e~ is locked ~ 40 He~wood ~,_.~nt, rebate, commission or refund for the 'DriVe ~h~ ~orco Is$ond F)or)~ end ~s'oWned pur~se of securing this advertisement for °~r~e~by~orcpl~lond~Ospto . publication in the said newspaper. AmI I~'re~ed perSonS .o~'ln~d~'submlt wrffien mmen~';0r ~end'~e h~rlng e~er Parsone s or the flnonClng. An one desiring 'fo moke ~lffen Collier Coun~ IDdus~)ol Development AD SPACE: 188.OOD 1NCH ' ~' ~' -'-N~les;~lOrmdo341~ ~ ~ ~ ~ · consi~et~on~f'~e X~H ond w I n~ bind the ..... .' ~h~; ~BleS 0f~e oppllc~onsf~ 'flnoncXng ore averifle ~K in' edion 'and copying ~ ~e office of Personally known by me ' ~ ~ ~~('~L THE PROCEEDINGS AND FOR T~T' PURPOSE, 'UCH PERSON ~Y N~D TO ENSURE THXT A ERBATIM'RECORD OF ~HE .PROCEEDINGS S ~ ~ ' ' ADE. WH CH 'RECORD INCLUDES THE TF' FIMO- . u o. w., c. n accordance ~h :the ~merl~ans Wlffi Dlsoblllfies kd, persons needIn a ~ eclol accommod~lon to pot- MY COMMtSSiON ~ CC702521 ~PI~ES ~even'(7 dove prl~ to ~e heorln . 'his n~e s ~lven Pursuo~ ~ ~on 147(f} of fhe .' ~rU 10, 20D2 srnol Revenue COde, Os omendad. ,~,,~K~;,o' BONDED~RUT~OYFAiNINBU~CLINC ;olllerCou~l~dus~ IDevelopme~Auihor)~ /s/Oono d A. Pjckwo~ Assi~ont Se~elo~ ~ Generol Counse Dec~m~eK30. -. No. 1331231 JAN 2 6 1S 9 EXECUTIVE SUMMARY PETITION PUD-98-12, MR. KEVIN MCVICKER, OF PHOENIX PLANNING & ENGINEERING, REPRESENTING ANN DEE DEVELOPMENT, INC., REQUESTING A REZONE FROM "A" RURAL AGRICULTU'RE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS FOU'NTAIN PARK PUD FOR PROPERTY LOCATED ON THE WESTSIDE OF AIRPORT- PULLING ROAD (C.R.' 31), AND APPROXIMATELY 350 FEET SOUTH OF VANDERBILT BEACH ROAD IN SECTION 2, TOV~rNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.14 ACRES. OBJECTIVE: This petition seeks to have certain property rezoned from "A" Agriculture to "PUD" Planned Unit Development to be known as Fountain Park PUD which will consist of commercial retail uses. CONSIDERAIIONS: The Fountain Park PU'D provides for a mix of commercial and retail uses on Tracts "A" and "B". The /-""DU"D document allows up to 72,000 square feet of commercial development on these two tracts. The .racts are separated by an internal road that connects Airport-Pulling Road (CR-31) with Emerald Lakes Drive. The proposed commercial uses are similar to the permitted uses in the C-4 zoning district and the adjacent Walgreens PUD to the north. The PUD also permits hotel/motel uses at a density of 26 units per acre and may include a shopping center and a bank. Most of the higher intensity commercial uses (such as restaurants) will occur in Tract "A" and along the fi'ontage of Airport-Pulling Road. A portion of the site will contain water management and landscape buffers while .45 acres are dedicated for the internal road. The remaining area has been designated for commercial development. The proposed Master Plan indicates that the primary access to the site will be from Airport-Pulling Road while a secondary access point will be from Emerald Lakes Drive. This section of Emerald Lakes Drive is currently a 100 foot wide easement along the south end of the subject property. All structures on site will be required to comply with the County's architectural and design standards at the time of site development plan review. The Traffic Impact Statement (TIS) estimates the site generated trips to be approximately 4,380 average weekday trip ends. These trips will not exceed 5 percent of the LOS "C" design volume on CR-31 or lower the capacity below any roads adopted LOS "D". The Traffic Circulation Element (TCE) lists CR-31 as a 4 lane arterial road. The current traffic count for this segment fronting the project is 37,031 AADT which results in LOS "D" operation. This segment is scheduled to be improved to a 6 lane facility by 1999/2000. AGENDA ITEM 'he subject PLrD is located within an Activity Center which is designed to be inclusive ~>f a ~,~,,~jI commercial uses and activities. Activity Centers also designed to concentrate a: most all new commercial zoning in locations where traffic impacts can readily be accommodated, to .voitl/ti~l~a~d1999 2isorganized patterns of commercial development. The Fountain Park PUD document allows commercial uses which are authorized uses of land consistent with the intent of the Activity Centers as designated on the Future Land Use Map, therefore, it is consistent with the Future Land Use Element of the Growth Management Plan. With respect to compatibility with the adjacent land uses, the permitted uses within this proposed PUD are similar to the uses approved in the Walgreen's PLrD to the north. These land uses are also similar to those uses found in the C-4 district. To the south of the subject site and across Emerald Lakes Drive is an existing assisted living facility. The propert3, to the east across CR-31 is approved for commercial uses and is located within the Vineyards PUD. Lastly, the properties to the east across Tennis Court Road are developed with multi-family residential dwellings. To improve the relationship and compatibility with the adjacent residential land uses, this PUD provides additional landscaping along the west property line while a 20 foot wide drainage easement is provided along the north and west property lines. Staff is of the opinion that the relationship of the proposed C-4 type uses with the residential area to the west and the ALF to the south may potentially create incompatibilities that can be mitigated by limiting commercial uses to those uses less obtrusive of a residential environment. Therefore, the land uses proposed for Tract "B" have been limited to prohibit night time uses and the uses have also been limited to low intensity retail uses (i.e. excluding restaurants). Conversely, the proposed C-4 type uses in Tract "A" are compatible with the adjacent commercial uses that have been approved for the ""v~7algreens PU'D. Furthermore, the proposed maximum height of structures is 50 feet, which is the ,ame height allowed in the WalgreenS PUD zoning district. However, staff is of the opinion that the maximum height of structures in Tract "B" be limited to 35 feet which is the same as the C-1 district. It should be noted that the maximum height allowed in the C-4 district is 100 feet. Lastly, the commercial structures within the commercial tracts are subject to Architectural and Site Design requirements of Section 2.8 of the LDC. The general development standards are similar to the C-4 zoning district and the Walgreens PUD to the north. With respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the GMP. The project is also compatible with other approved commercial land uses in the area. The Collier County Planning Commission reviewed this petition during their public hearing on December 17, 1998. By a vote of 7 to 0, they forwarded Petition PUD-98-12 to the Board of County Commissioners with a recommendation of approval subject conditions that have been incorporated into the PU'D document. It should be noted that no individuals spoke in opposition during the public hearing. Since staff has not received any letters in opposition to this request, this petition has been placed on the summary agenda. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this zone change ,---achieves its objective, the land will be developed. The mere fact that new development has been pproved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new deveJonrnen~ nn public facilities. These impact fees are used to fund projects in the Capital Improve~ent',~e~./7/q needed to maintain adopted levels of service for public facilities. In the event that impact fee 2 JAN 2 6 1999 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. GROV~'TH M,~NAGEi~IENT II~IPACT: The subject property is located within the Airport-Pulling Vanderbilt Beach Road Activity Center which permits conunercial uses. Therefore 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. PLANNING CO~I.~IISSION RECOMI~IENDATION: The Collier County Planning Commission recommends approval of Petition PUD-98-12, being an application to rezone certain property from "A" Rural Agriculture to "PU'D" subject to the conditions of approval that ha\;e been incorporated into the PUD document and attached in the Ordinance of Adoption and made a part of this executive summary'. PREPARED BYi/ RAY B4/~LLO 75. P~CIP,~ PLAN~R DATE " C~NT PLAN~'~G SECTION VIE~ED BY: ~ ~ /- ChaNT PL,&N~( SECTION APPROVED BY: ," ...... - 9 /~,OB,E/.R'~ J. MUmHERE, AICP, DIRECTOR DATE ' PLANNTNG SERVICES DEPARTMENT PLT)-98-12 EX SUM,MARYi?,\'t3.'rb JAN 2 6 1999 3 AGENDA iTEM 7-G MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: NOVEMBER 30, 1998 RE: PETITION NO: PUD-98-12, FOUNTAIN PARK PUD OV~,.'NER/AGENT: Agent: Mr. Kevin McVicker Phoenix Planning & Engineering 1786 Trade Center Way Naples, Florida 34109 Owner: Carla Collins-Smith, Trustee Naples Realty Co. 6871 Bottlebrush Avenue Naples, Florida Contract Purchaser: Ann Dee Development, Inc. 533 Turtle Hatch Lane Naples, Florida 33940 REQUESTED ACTION: This petition seeks to have the herein-described land rezoned from its current classification of "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Fountain Park. GEOGRAPHIC LOCATION; The property is located on the west side of Airport-Pulling Road (CR-31), and approximately 350 feet south of Vanderbilt Beach Road in Section 2, Township 49 South, Range 25 East (See location map on following page). PURPOSE/DESCRIPTION OF PROJECT: The Fountain Park PUD encompasses a land area of approximately 10.14 acres, of which 2 tracts CA" and "B") have been established to provide for a mix of commercial and retail uses. The tracts are separated by an internal road that connects Airport-Pulling Road with Emerald Lakes Drive. The proposed 36,000 square feet of commercial uses allowed in the PUD document are similar to the permitted uses in the C-4 zoning district. The PUD also permits hotel/motel uses a~f_a deti~ffg6 units per acre. The requested rezoning proposes to allow the site to be developed 'ith cornfh~r&fal land uses. which may include a shopping center and/?r a hotel'facility. Most of theThigB~[4rklZe~i~9 1 commercial uses (such as restaurants) will occur in Tract "B" and along the frontage of Airport- Pulling Road. A portion of the site (1.61 acres) will contain water management and landscape buffers while .45 acres are dedicated for the internal road. The remaining area (6.36 acres) has been designated for commercial development. The proposed Master Plan indicates that the primary access to the site will be from Airport-Pulling Road with a secondary access point from Emerald Lakes Drive and Tennis Court Road. The final location of access points along major roads will be coordinated with the development to the north. All structures on site will be required to comply with the Countv's architectural and design standards at the time of site development plan review. SURROUNDING LAND USE AND ZONING: Existing: The subject property is currently undeveloped and is infested with exotic vegetation. The site is also zoned "A" Agriculture and is within the Airport- Pulling Road (CR-31) and Vanderbilt Beach Road (CR-862) Activity Center. Surrounding: North- The vacant property. located on the southwest comer of CR-31 and CR-862 is the "Wal~eens PLq2)". This PLq2) is approved for 156.800 square feet of commercial uses and/or a motel at 26 units per acre. East- Airport-Pulling Road parallels the eastern boundary~ of the site. East of CR-31 is a planned commercial retail development, as part of the Vineyards PLrD.. South- To the south is Emerald Lakes Drive that is a 100 foot access easement. Across Emerald Lakes Drive is an existing assisted living facility that is zoned: Brighton Gardens PUD. West- To the west is Tenms Court Lane and a portion of the undeveloped Walgeen's PLrD and the existing multi-family residential dwellings that is zoned: Emerald Lakes PUD. GROXVTH MA-N'AGENIENT PLA.N CONSISTENCY' All of the subject property is located within the Urban Mixed Use Activity Center Subdistrict as designated on the Future Land Use Map to the Future Land Use Element (FLUE) of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element - The subject PUD proposes to allow commercial uses consistent with it's FLU'E designation. Activity Centers are inclusive of a variety of commercial uses and activities that contain a mixture of uses. It is also designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized paRems of commercial development. The Fountain Park PUD document allows commercial uses which are authorized uses of land consistent with the intent of the Activity Centers as designated on the Future Land Use Map, therefore, it is consistent with the Future Land Use Element of the Growth Management Plan. N~GE.SD&'T,~ 2 JAN 2 6 1999 Traffic Circulation Element - The Traffic Impact Statement estimates the site generated trips to be approximately 4.380 average weekday trip ends. These trips will not exceed 5% of the LOS "C" --- design volume on Airport-Pulling Road (CR-31) after tnp assignments and adjustments are made. Furthermore, the site generated trips will not create a concurrency problem within the projects radius of development influence (RDI) because the project trips don't lower the capacity below any road's adopted LOS "D" standard. The proposed PUD rezone will not create or excessively increase traffic congestion on the arterial road system at built-out and complies with Policies 1.3, 1.4, 5.1, 5.2, 7.2 and 7.3 of the TCE. The Traffic Circulation Element (TCE) lists CR-31 as a 4 lane arterial road fronting the site. The current traffic count for this segment fi'onting the project is 37,031 AADT and is operating at LOS "D". It should be noted that this segment is projected to be operating below it's adopted standard by 1999. However, this segment is planned to be improved to a 6 lane facility prior to the build-out of this project. Therefore, this petition meets the County's concurrency requirement and is consistent with the standards referenced in Policy 1.4 of the TCE of the GMP. Open Space Element - The total open space and the open space that each individual development parcel sets aside as a function of complying with setbacks, water management and design features exceeds the thirty (30) percent required by the LDC. Staff is confident that this project as desired is consistent with the open space element. Other Applicable Element(S) - These elements include utilities and water management facilities. Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. Once these utility lines are completed in accordance with County standards, they will be deeded to the Collier County Water-Sewer District as required by County Ordinance. All water management facilities will be constructed consistent with County Ordinances and they will also be reviewed and approved as a sanction of obtaining subsequent development order approvals. Therefore. this petition is consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analvsis 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, an Historical/Archaeological Survey and Assessment is not required. However, this project is subject to Section 2.2.25.8.1 of the Land Development Code which 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. EVALUATION FQR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: This petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental, Engineering staff, and the staff of the Transportation Department. The environmental review requires that wetland jurisdictional determinations and, if necessary, permits from the U.S. :M'my Corps of Engineers shall be presented prior to final site deve!ep.~,~.~ approval.. The Transportation Department has stipulated that the petitioner provideuoa~,~,/?,q 3 JAN 2 6 7999 competent evidence to assure the county that the petitioner has access fights to its property over and upon the Emerald Lakes access road. 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. 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 as Exhibit "A". In addition. appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected officials. The evaluation by professional staff should r>.,pically 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 and 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. Nom,ithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advises 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 surrounding properties. The permined uses within this proposed PLrD are similar to the uses approved in the Wal~een's PUD to the north. These land uses are also similar to those uses found in the C-4 district. To the south of the subject site and across Emerald Lakes Drive is an existing assisted living facility.. The property to the east across CR-31 is approved for commercial uses and is within the Vineyards PUD. Lastly, the properties to the east across Tennis Court Road are developed with multi-family residential dwellings. To improve the relationship and compatibility with the adjacent residential land uses, this PUD provides a Type "B" landscape buffer (15 feet wide) along the west property. line while a 20 foot wide drainage easement is provided along the north and west property. lines. In addition, no automobile parking, homeless shelters or soup kitchens shall be permitted. Staff is of the opinion that the relationship of the C-4 type uses with the residential area to the west and the ALF to the south may potentially create incompatibilities that can be mitigated by limiting commercial uses to those uses less obtrusive of a residential environment. Therefore, the land uses proposed for Tract "A" should not have any night time uses and be limited to low intensity retail uses (excluding restaurants). Conversely, the proposed C-4 type uses in Tract "B" are compatible with the adjacent commercial uses that have been approved in the Walgreens PUD. -"'~~ 4 JAN 2 6 1999 In addition. the proposed maximum height of structures is 50 feet, which is the same height allowed in the Walgreens PUD zoning district. However, staff is of the opinion that the maximum height of --- structures in Tract "A" be limited to 35 feet which is the same as the C-1 district. It should be noted that the maximum height allowed in the C-4 district is 100 feet. The PUD Master Plan provides 2 primar).' land use parcels on-site. Access to the commercial area is from the internal access road. The commercial structures within the commercial tracts are subject to Architectural and Site Design requirements of Section 2.8 of the LDC. The general development standards include Front Yard setbacks that are similar to the C-4 zoning district and the Walgreens PUD to the north. With respect to compatibility. issues, staff is of the opinion that the subject petition is consistent with the GMP. The project is also compatible with other approved commercial land uses in the area. Relationship tO Future Land Use Element: With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus is the relationship of the proposed zoning action to the FLUE. In the case at hand, and based upon the FLUE, we have an expectation that the land will be used and developed for those land uses consistent with the Activity Center Subdistrict. The proposed PUD Document also includes the same intensity of C-4 commercial uses that was approved in the Walgreens PUD to the north. The PUD proposes a mixture of C-4 uses excluding homeless shelters and soup kitchens. Regarding the matter of timing, it should be appreciated that urban commercial development has been approved within this 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 GMP. Traffic - The primary vehicular access point is from CR-31 and a secondary access point from Emerald Lakes Drive. In view of the adequate depth and sight distance on CR-31, the access point "" should operate adequately. The access is subject to all the required CounD' permits and the Access Management Plan. The developer shall provide a Arterial level street lighting at all project entrances. The Transportation Department has stipulated that the petitioner provide adequate competent evidence to assure the count5' that the petitioner has access rights to its property over and upon the Emerald Lakes access road. 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 GNIP consistency review stales that approval of this petition is consistent with policies of the TCE. Utility Infrastructure - Both a public sanitary sewer and municipal water supply are available to the property and will be extended as a consequence of future development. Potable water will be supplied by the County Water system. Connection to the County sewer system shall be to the County force main. All development must comply with surface water management requirements invoked at the time of site development plan approval as the case will be for development of this land. Master Plan and PUD Development Standards: The Master Plan iljustrates the Land Development Code requirements relative to landscape buffers, open space, and water management. The internal street system provides connections to an arterial level road. Access to the arterial road complies with the Access Management Plan. The proposed development standards for commercial development are similar to the C-4 zoning district and the adjacent Walgreen's PUD. Nevertheless, the relationship of the Co4 type uses with the residential area to the west may potentially create incompatibilities that can be mitigated by limiting commercial uses to those uses less obtrusive of a residential environment. Therefore the uses in Tract "A" should be limited to low intensity retail while Tract "iv" C-4 type uses. ~ JAN 2 6 1999 ., STAFF RECONINIENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-98-12, the Fountain Park PUD Document and Master Plan subject to the conditions of approval that have been incorporated into the PUD Document. PREPARED BY: RAY i~LLOV¢S, PRINCIPAL PLANNER ......-- DATE R'ONALD F.L'5,q'NO. A_ICP, MANAGER DATE ' CURRENT PkAN.."Nq'NG SECTION · ROBERT J. MULHERE, AJCP, DIRECTOR DATE PLAN~q'NG SERVICES DEPARTMENI R~_ VINCENT A. CAUTERO. AICP, ADMINISTRATOR DATE CO~M'N{U~qTY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the December 17, 1998 CCPC meeting. C _PL CO vHSSION: MICH~ J. BRUrET, CHAIRMAN PUD-98-12/STAFF REPORT/RVB/rb JAN 2 6 1999 FINDINGS FOR PUD PUD-98-12 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 !and, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development panems produces economics of scale relative to public utilities, facilities and services, which are currently available in this area along CR-3 1. (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. Con: (i) Existing residents often perceive a mixed use commercial 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. ~ Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PU"D 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 bv 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. P_t_o.Z_G.Q~ Evaluation not applicable. F_hajag; Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Exhibit "A" ~ JAN 2 6 1999 1 3. ConformiC' 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 goats, objectives and policies of the Growth Management Plan. Con: None. Finding: 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 C-4 type uses 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. 4. The internal and external compatibili~ of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The PU'D has been designed to provide the same uses and development standards as the approved Wal~een's PUD to the north. In addition, increased landscaping and buffering has been provided to buffer the residential neighborhood with the commercial 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 automaticalIv regulated bv 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. SummaD' 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. I i JAN g 6 1999 2 SummaD' Finding: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is nox allowed or the LOS deficiency is corrected. 7. The abilit)' of the subject propert).' and of surrounding areas to accommodate expansion. Pro: This petition seeks to extend the existing commercial zoning that is adjacent to the site to the north since the subject site is located within an Activity Center. This project will not adversely impact any adopted level of service standard. Con.' None. SummaD' Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the propert>, 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 propert>, is timely, because supporting infrastructure is available. 8. Conformit:,.' 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: Ex;aluation not applicable. SummaD' 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 PLrD-98-12IRVB/rb JAN 2 6 1999 REZONE FINDINGS PETITION PUD-98-12 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 Planrang 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 Activitv Center District on the FLUE of the Growth Management Plan. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GNfP should be considered a positive relationship. Con: None SummaD' 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 Wal~een's PUD and is consistent with the uses allowed within Activity Centers. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. (a more detailed study is contained in the staff report.) SummaD' Findings; To the north is the approved Walgreen's PUD. This is a commercial PU'D within the Activity Center. The property to the east of CR-31is an approved commercial tract as part of the Vineyards PUD. To the south is Emerald Lakes Drive and an existing ALF. To the west are multi-family dwellings on land that is zoned PUD. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The subject site is of sufficient size (10.14 acres) and is located within an Activity Center. In addition, the site is adjacent to an existing commercial PUD. Con: None. JAN 2 6 999 SummaD' 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 FLU'E. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the propert).' proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. SummaD' 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. SummaD· Findings: Consistent with the FLUE and Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood: Pro: (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. 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. Summan.' Findings: 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. 2 JAN E 6 1999 7. Whether the proposed change will create or excessively increase traffic congestion or create ~'pes of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected ~'pes of vehicular traffic, including actiriS' during construction phases of the development, or otherwise affect public safer'. Pro: (i) An action to rezone the property, as requested is consistent with the traffic circulation element. (ii) The proper~., fronts directly on a public road (CR-31) 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 de~ee of discomfort is regulated by concurrency requirements as adopted in the Grov,,~h Management Plan.. (ii) In the short run construction traffic made necessary for development may be irritating to local residents. Summan-' 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 advisin~ 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 flooding in areas when the drainage outfall condition is inadequate. Summan,' 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 b.',; developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to mee~ County standards as a condition of approval. ~,~v~ JAN 2 6 1999 3 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: 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 PUT) is the same as the maximum height permitted within the commercial PUD projects to the north and is half of the maximum allowed in the C-4 zoning district. 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. Con.' None. -SummaD' 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 proper~' values in the adjacent area; Pro; T,vpically urban intensification increases the value of contiguous underutilized land. Con: None. SummaD' Findings: This is a subjective determination based upon anticipated results, which mav 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 proper~, in accordance with existing regulations; ~ Evaluation not applicable. Summan' Findings: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the ,._. 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. 4 JAN 2 6 1999 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. Summan_' 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 propert}.' cannot be used in accordance with existing zoning; Pro/COn: Evaluation not applicable. Summarx' Findings: The subject propert), 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. ~Vhether the change suggested is out of scale with the needs of the neighborhood or the Count).'; Pro: The project is desigmed in a manner that is compatible with surrounding and approved PUD propert>' in size and scale. Con: Existing neighbors within the adjacent subdivision to the north may feel that the proposed change is out of scale with the neighborhood. SummaD' Findings: The subject PUD complies with the Growth Management Plan while the intensit), of land uses is deemed acceptable for this site. 15. Whether is it impossible to find other adequate sites in the Count1,' for the proposed use in districts already permitting such use. PrO/Con: Evaluation not applicable. SummaD' Findings: There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. I JAN 2 6 1999 5 16. The physical characteristics of the property and the degree of site alteration which would be required to make the properR' 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. SummaD' Findings: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. 17. The impact of development on the availabilih.' of adequate public facilities and sen'ices consistent with the levels of sen'ice adopted in the Collier Count' Growth Management Plan and as defined and implemented through the Collier Count' Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. SummaD' 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 serMces and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS R-98-12 'RVB rb ; J/~N 2 S ~999 I PUD-98-12 FOUNTAIN PARK PUD View along Tennis Court Lane (2)View from Emerald Lakes (3) Viex~' south of Assisted Living Facilib' (4) View east across CR-3 1 7 JAN 2 6 ~999 A PETi?ION iYUM"BER ' DATE APPLICATION FOR PUBLIC HEAR/NG FOR STA:~DARD K.a/~ON ~ AND CO~iT]ONAL USE iKBOUES'I'~i, PL/LN)~D L,~,qT DE\rELOPRfER7 R.EQUBSTS COiVL'ML.~'N'qTY DEVELOPMENT AND EiN'~IRONMENTAL SERVICES CLrRR.ENT PLANNING 1. Name of Applicant(s) ANN DEE DEVEI,C~PMENT: YNC, Applicant's Mailing Address 533 TURTLE HATCH LANE City NAPLES State FLORIDA Zip33940 Applicanfs Telephone Number'. Res.: ( 9 4 1 ) 2 6 1 - ~ 4 ~ 4 Bus.: !s the applicant the o~mer of the subject ro e~'? Yes X No P P , (a) Ifappiican: is a land mast, so indicate and name beneficiaries below. ......(b) rf apphcant ~ co~ur~tmn other than a public coloration, so indicate and nam~ ~ officers and major stoc~olders below. ... (c) If applicant is a p~ership, limited pa~ership or other business cmi~', so indicate and name pnncjpais below. (d) If appiicant is an o~er, indicate exactly as recorded, ~d list all other o~crs, if any. (e) If applicant is a lessee, a~ach copy of lease, '.and indicate actual o~mers if not indicated on the lease. X (0 If applicant is a contact p~chascr, znach copy of contact, and indicate actual o~er(s) name and address below. ~ CARLA COLLINS-SMITH, TRUSTEE *SccA ach dC/O CHRIS SMITH, NAPLES REALTY CO 6871 BOTTLEBRUSH AVE. NAPLES ~ FL. (If space is inadequate, anach on separate page.) ~ Li~ o~ ~n~'~i'c',~v'~e % ',5 e~v;~~ i~ ~ 2. Name of Agent KEVIN NCVICKER Fim PHOENIX pLANNING & ENGINEERING Agents Mailing Ad&css ~ 786 TRADE CENTER W~Y SUITE ~ 2 ~ Ci~ NAPLES State FL. Zip 34109 Telephone Number: Res.: N/A B~s.: (94~) 596-9] ] q 2 B 999 3. DETA.ILED LEG.q. DESCRIPT/ON OF THE PROPERTY COVEKED BY THE .~PLICATION (If space is inadequate. attach on separate page. If request involves change to more than one zoning disNet. include separate legal description for properU.' involved in each distncL If properD' is odd-shaped, submit four (4) copies of survey (1" to 400' scale). THE APPLICA~\T IS RESPONSIBLE FOR SUPPLYTNG THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS .ARISE CONCERNING THE LEGAL DESCRIPTiON, A.N ENGINEER'S CERTIFICATION SHALL BE REQUF~D. SECTION 2 TO~V'NSHIP 4 9 S RANGE 2 5 E SEE ATTACHED -4. Size of property 292 ft. X 561 ft. Acres 10 ac ± 5. Address or location ofsubiect prope,w22' SOUTH OF SOUTHWEST CORNER OF AIRPORT & VANDERBILT BEACH ROAD 6. Existing land ticration 8-14 County. Flood Criteria Elevation "X" 7. a. Date subject properiC acquired ( ) or leased ( ): day of . 19 Term of lease .ws./mo~. b. If, Petitioner has opnon to buy, indicate date of option: 31 MARCH 98 and date option terminates: 1 DEC. 98 8. Does propert).' owner own conti~zuous propert)' to the subject property? If so, give complete legal description of entire contiguous property. CIf space is inadequate, attach on separate page). NO 9. THIS APPLICATION IS rN'FEN'DED TO COVER: (~heck which type of petition your are requesting): X A. REZONING: PRESENT ZONING A REQUESTED ZONING PUD FOR B. PROVISIONAL USE OF ZONING FOR 10. REASON WHY APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary): THE PROPOSED PROJECT I$ WITHIN AN ACTIVITY CENT]:IR AND THEREFORE PERMITTED AS COMMERCIAL DEVELOPMENT, ! ,JAN 2 6 1999 2 i 1. IS PROPOSED USE PROHIBITED BY DEED P,.ES'I~CTIONS? "" Yes X No IF ~S, PRO\'TDE COPY OF THE DEED RESTRICTIONS. 12. IS THIS REQUEST A RESULT OF A VIOLATION? NO FF SO, TO WHOM WAS THE NOTICE SERVED? 13. tIAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WiTHIN THE LAST YEAR? IF SO, L'N WHOSE NAME? .... NO 14. ARE THEE EX~STENG STRUCTUP, ES ON ~ PROPERTY? NO TYPE: CBS . FRAME . MOBI].E HOME ,OTHER__ AFFIDAVIT V~, 1M ~ t~-2~ being fu'st duly sworn, depose and say that I am are the ovmers 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, dam, and other supplementary matter artached to and made a part of this application, are honest and true to the best of our knowledge and belief. I understand this appiicatmn must be completed and accurate before a heanng can be advertised. I ~rther permit the undersi_~ned to act as our representative in any matters regarding this Petition. ~rt/a.-"~,~..- ~-g.,'~~ ----~IGNATL'RIZ OF O'&"NER SIGNATURE OF OWi'4ER State of Florida Count2:' of Collier by ._.tMd ,~-,.}a aP--DT ~5 . who is p~r'i'a~ally tQown to mD'ho ~as~'produced as identification and who did' (d~take an oath. (Pnnt Name of Notary Public) NOTARY PUBLIC Serial/Commission f# 0_.0.. My Commission Expires: ""U?PUD?R. EZONE APPLICATIONVnd/4/I 7/98 ~~,~11' 2 6 999 Utility Provisions for Conditional Uses and Rezones ~ NAME: PHOENIX P!.ANNTN~ & ENGINEERING 2. ADDRESS: 1786 TRADE CENTER WAY SUITE ~ 2 NAPLES, FLORIDA 34109 PHONE: (941) 596-9111 3. LEGAL DESCRIPTION: SEE ATTACHED 4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (Check applicable system): A. COb~TY SYSTLM X B. CITY SYSTEM C. FRINCHISED SYSTEM NAME: D. PACKAGE TREATMENT PLANT CAPACITY (GPD) E. SEPTIC SYSTEM 5. TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system): A. COL~TY SYSTEM X B. CITY SYSTE~ C. FRINCHISED SYSTEM NAME: D. PRIVATE SYSTEM 6. TOTAL POPULATION TO BE SERVED: 128 ERVS 7. PEAK AND AVERAGE DAILY DEMANDES: 1. WATER-PEAK 38520 GPD AVERAGE DAILY 9000 GPD 2. SEWER-PEAK 30816 GPD AVERAGE DAILY 7200 GPD 8. IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYSTEM, DATE SERVICE EXPECTED TO BE REQUIRED: MID 1999 9. Provide a brief and concise narrative and schematic drawing of the sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data of soil involved shall be provided from tests prepared bY a professional engineer. -!- i JAN g G 1999 I. A statement, in writing, signed by the owner should be provided ~greeing to deed to the County Utilities the water distribution and sewage collecticn facilities within the project area upon completion cf the construction of these facilities in accordance with applicable County ordinances. This statement should also include agreement that applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County Community Development Division. The statement should also contain agreement to dedicate appropriate Utility Easements for serving the water and sewer systems. FOR OFFICIAL USE ONLY APPROVER: DENIED: CO~LM. ENTS: UTILITIES ADMINISTRATOR JAN 2 6 1999 LEGAL DESCRIPTIONS THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 SECTION 2. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. LESS AND EXCEPTING THE EAST 100 FEET PREVIOSLY GRANTED TO THE STATE OF FLORIDA FOR HIGHWAY PURPOSES. AND THE NORTH HALF (N 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 2 TOWNSHIP 49 SOUTH, RANGE 25E, COLLIER COUNTY, FLORIDA LESS EXCEPTING THE EAST 100 FEET THEREOF PREVIOUSLY DEEDED TO THE STATE OF FLORIDA. JAN 2 6 1999 D 6 t 35'6 89184 Z ~;,~~ I.e. M~. ~ of ~ 3~e . A D 19 88 . T~t ~r~t ~ ~ 17. 198 . ~ ~ ~cy ei~ to p~ec[. c~ ~ to sel~ ~ to le~e, cr to b89.071. ~=rlt part~. to C~ COLLINS-~X~. ~USTEE w wA~.aeH~cee~...,, 5071 Sea Shell Drive Naples Florida 339~0 in iA. Co~,~ ~ Collier S~ o~ Ftorida . The Nor=h Half (N !/2) of ~he Southeast ~arceT (S~ 1/~) of NCTt~eISt ~fcer (~ ~/~) of ~he ~heas= qua=tar [NE ~/&) Secc~o~ 2. To~hip ~9 5ou~h, Range 25 ~asc. tolllet F~oTida, 'Less ~d [xceptin8 =~e Eas= 100 fee~ ~eTeo[ pT~ouslv deeded =o =he S~a:e ot Florida; and Less and ~cepC~n~ a 30 foo~ easeant alcnr~ the Noah l~ne ~,~eof f~ Toad ~uTposes *under ~and TmsC ~re~en~ ~aCed March 17, 1988, wit~ full pore= an8 au=hori=7 e~=heT ~o oro~ect, conee~e ~ co sell, or ~o lease, or :o enc~bet or :o othemse manage end dispose of the real ~roperty herein described, pursuant to F.S. 689.071 ~,~ S · 55' P~q Stam~ Tax ~e:e~eO S ~/~ Ctms~ 'C' q~la~E,~e ~ - D C. L(~TY OF CO~IER RECE V C~ISTOPHER TC. SMITH. ~US~E of L~d T~sC Agreeant dated June ~. D ,~ 88 . . . ..':at m:r. o~,umo~ ~ ~ C~ru~ l~' 42..,i~r:. Pitau ral 77~2627 f~ ~ ~ t~ ~ CARLA ~OLL;NS-SH;TF ~5 T~STEE OF A ,AND GULF SUN D~YELOPH[NT CORP. See attached Exhibit A ~:x~elher w~ fix, tin, el. rmc~ud~ buill-in ml~gw~, refiiera~' ~ ~er, ~r, ~ ~, ~ ~, ~ t~l~ ~ the I/~fiN rnvento~, free from Jtl~l. The tollowing fiems Ire l~ffi~l~ exclu~ ~m ~ii ~us]~u~ ...................................................... s~OO ~.} ~ ~. ~ m ~ ~ ~..~.~;~En.C~ ........................ S JO, 9~. O0 ~~e~~~ ............................... S ~,000 .O0 tsee 8dd ndum (~) ~~=~ ~.[~P~c)] ......................................... $ (e) ~ . 3 M~-~PI~/n~:{m){x) ~~,~~~~ 1~11 1~ ~~~d~~~dc~-~=~ . any Other ~t~r Of title sol · t title searc~ durin t~ Ins i n P rio . N jAN 2 6 1999 CX:)NIXTIC~ 0,~ PI:~,PER'I'Y ;RISK C~ ~. WARRA/fT!I~: JAN ~ 6 1999 IWT),BSCC)mVr14ACTSHOULDBE~Bg'AINda'PKINApARTIC6m, AJ4~ 'rN, SISALEG.ALLYBt()I~C~'I;M~r See attached adden~um. ~ ,~,_~.r~~ ~ 6ULF SUN DEVELOPMEN.T CORP.. CARLA COLLZNS-SMZTh/~S)TEE 0F A LAND (Signlum) TR~ST A~,~FFMrNT ~ATrt~ ¥APr~ Morri son & Conroy ~ Attorneys JAN 2 6 1999 ADDENDLrM TO CO,VIIACT This addendurn as to that contract by and between CA.RL~ COI.L[NS-SMITH. TRUSTEE OF A LA2qD TRUST AGRF_F2~q. EN'f DATED M,ARCH 17, 1988 ("Seller"), and GULF SUN' DEVE.LOPMENvT CORP. or agsxg?a to a r~izted ent,~ ("Buyer'D- 1. InUre'non Period: Buy. er shall, a,' Buyer's expense, have ssxvy (60) days from the Effec:ve Date of this Conra._"t to mvesngate all f'~cc~ for i~ comrneraal developmeter of the sublec~ property mcJudmg affable financing. ~e and survey runners. 'l~e l~.ayer shall have the sole right m der~-n'nne, ~o its sansfle~or~ that the prup~rry shall have a,4cquatc regrets and egress, lot coverage paxking ~ easerr~nts, s~gnage, c~aslxng blnboards, er~, together w~th any other c~a.r~trts,=e~ of the subject propetiT that could impact upon Buyer's ~illt7 ,o drrek:~p the propera/. If, for an~ reason, Buyer detcm-an,~ dunng sand Insperson Period that it does not ~'ant to procreel w,th the purdue of the subiect property, Buyer shall nonfy Seller, m ~mtmg, on or before the 60* <x~ of sa~d Inspection Pcrio~ thaz ~t ts ~:n'nmanng the Confute, and at that me zlJ depont monies shall be returned to the Buyer. In ~e event that Buyer does not so hoary Seller w,thm sa~d Inspecton Period that it ts termmanng the contract, Buyer shall be deemed ro have accepted the condition of ~ Properry including all matters of arle and s~u-ve?... Seller shall, wtthi, n five (5) days of E/-f=c-nve da~e of th~s Coneraze, re]ruse to B,yex zny surveT~, env~roru-nenral reports, en~'~ronmenta~ a~d~ts, etc she may have ..hat ~-ill aSSktt Buy~ in h5 inspcc~on of property.. Seller agrees to mdernmFv and hold Buyer hanrdess from aJ.1 losses, ela.r~3-g~, COSl/, Ci~.rt~ and c.xp~nses of any nature tncludmg attome.v's fee= and from liability to any person znsmg from the conduct of any and ~ inspet'tons authorized or done by Buyer which mctcmntty shall sur':rre terrrunznon of this c~nra~. In the event that Buyer elects not ro proceed with the closing of t~is conr'a~, copaes of all surv~s, env~rorrnenra] and cngmeenng reports and other inspet'non mat'errals shall be ciehvered ~o Seller t'~' "' Z Z.~nxnv ~d Sire Develooment Plan Ar~,~mra] Perneed: Buyer shajj have a"' period of 180 days '?Tom eondu$ion~of fl~e lnspe~ion Pe~od m which to obtain a cornroe. real phnne~ u~it development ("PUB") zornrig for the .~-~._ n ......... 'a--_:LTr~.---~.~...r p~_.r. (,.e__~p,,; _F~:..v:2' Buyer ~rees to subtrot same. If Buyer has nme}y rabrvu~-ed such zpphc=nons but a.ftc:r a good faith effort' is unable to ob~'n the PUB ann,rig ;;.da '..Dr -'er-~::'; w~thm the 180 day nine period, then l~aycr -~. may ex~c-nd the nine period for ~ (60) days. The zppbcax~on for the PL'D zoning mus! "' not be mor~ resmc=ve ,'hun general commema/uses :rod-k.ek the cop~es of a2J subrn~rtzh m~le to Collie~ C.~un~ and w~th codes of all corrtsponcience to Collier Count~. U n re-quest of Seller, B~er .thai pre~v~de progress re?on= on the PL'D ~ ~pplic~t~,~.r.r~ to Seller. &lj apphc-anons sh~l] / be ~ Buyer's sole cost md e:tpense. 3. 5j~lj: Buyer shall have the nghr to place its proiecr stgn'.s on the subiect property from the effec~ve date of this contract through the closerig date unless d~e contract n tcrr~t~t~d prior to th~'.~ me- B-yea sh~lJ be r~pons~ble for ob~nnmg '.all s~n~ge pern~ts. 4. ~gL~Jl~l: Seller sh~J pay Na.v~ Re~l~ Services, Inc./L1. Srnnh a comm~sxon at closing equaj ro three percen~r C3%) of the s'-aJes price. >, (~_ 5, ~ Buyer shall close on the pvopen'y on or before 30 day[ obtaining the PUB zorung n~-6{}Ix-s~l~ bur m no event Fartn' than Febtwa~ 2~, 1999. If Buyer fails m dose nnthou~ having properly rerrmr~red rhts ovntract, all deposits shall be no~efunel-~ble and shal/be disbursed to Seller as hquidared d~.mag~s. 6. Eramere Domain Pr~ceedin_os: Seller shall be ents~ed to all m from Collier County wsth respect to the ctarrent ~sl~u~gs of a 15 foot ~acle s~tev-aJk, dnmage, unliry and rr~anrmance easement and a 10 foot wnde tin'hi>or-a/5, ecmrmaenon ezsem~ along the e-as~a'n edge of the property.. JAN g 6 1999 ~nsp~on Pen~. Buyer sh~ p~y ~ ~d,uon~ d~os,t oF Sl 0,~0 O0 pnnr ~ the ~a of ~: ~'; .... ' - ~ ~ Inspe~on Period. ~d sh~l p~ ~d~Uon~ a~os~ u[SI0,000.00 ~ch on or be[ore ~ ; .... , ~. ~ canciusmn oF ~e ]nspecaon Pm~ ~] dcpos~ sh~J be ~t ~k..~1 de~s~ sh~] be p~a ~a S~ter ~d ~pphed ~ ~e putch~ pn~ ~t ciosm~ or ~EB~cr d~ul~ ~nd da~ not dos~ such de~s~E sh~ be p~d ~ ~ ~ ~t~ ~. lfB~ d~ not t~te ~ BL~T:.,R: GL'LF SUN DEVELC)PMF,~'T COPdg. JAN ~ 6 1999 '_~A!, DESCRIPTIONS ~9~ ~ 5~ I%.). . TAX I.D. t 0~;3~Q006 , book ]~36 , . p~Se 18A6 5 · I~ AC, ~ ~t~ alg '(I 1/2) ~ ~ ~M ~rter {~ 114) oZ TAI !.'D. I 0023~18000} , ~o~k '1356 pa%e 1999 aDlSOI 00181 OR BOOK P GE ;.;~.,,,~'~' This Grant of Easement is made the day and year belc~ IND~ritten. WITNESSETH WHEREAS, Carla Collins-Smith, Trustee of Land Trust iAgreement dated March 17, 1988 ( "Grantor" ) is the owner of certain real property located in Collier County, Florida, and described in Exhibit "A" attached hereto and made a part hereof, and W~EREAS, Ronald H. Stahnke-Acc#DDS-PA-PS, ( "Stabnke" ) is the owner of certain real property located in Collier County, Florida, and described in Exhibit "B", attached herarc and made a part hereof, >-and 5 WHEREAS, Rose Mary Wuerz, Trustee, ("Wuertz") is the owner _ypf certain real property located in Collier County, Florida, and ~escribed in Exhibit "G" attached hereto and made a part hereof, and ~EAS, John R. Whiting as Trustee under a Declaration of Trust dated April 8, 1987, ( "Whiting" ) is the owner of certain real property located in Collier County, Florida, and described in Exhibit "C" attached hereto and made a part hereof, and ~ER~S, John J. 'Nevins, Bishop of the Diocese of Venice, his successors in office, a corporation sole, ("Nevins") is the o~er of certain real property located in Collier County, Florida, and described in Exhibit "D" attached hereto and made a part hereof, and ~EREAS, Levitt Homes at Emerald Lakes, Inc., ("Levitt") is the o~er of certain real property located in Collier County, Florida, and described in Exhibit "E" attached hereto and made a part hereof, ~S, Stahnke and Wuertz, ~iting, Nevins, and Levitt are desirous of obtaining an easement over a certain portion of ~ ~ece~,ed · _ '~ %~cumenla~ ~,3mp Tax .c.. 6 1999 erScnsl Frcperl~ Tax ', ;j',' b~~ ~_ C ' n01501 OR BOOK P ,'GE Grantor's property for lnqress and egress to their respective pro~ertiea, and NOW THEREFORE, in consideration of t~e sum of Ten Dollars ($10.00) and other good and valuable considers=ion, =he receipt of which is hereby acknowledqed, and the mutual covenants contained hirein, the parties hereto agree ss follows-' 1. Grin=or hereby grlnts, Is1 ls s/~ conveys to Stal~e ~uerz , Whiting, Nevins and Levitt · ~er1>etual Easement end of-Way upon and across lands owned by the Grantor and descr~be<l Exhibit · F" , which Easedlilt; I~)d Rlght-of-Wa)~ shall used for the purpose of providing J)edeatrian and vehicular ingress and egress to and from the paved highway located sail; of grentor'e property known as Airport-Pulling }~oed and the property of Stalu~ke , ~uerz , Whiting, Nayins and 2. The easement, rights and privileges herein granted shall perpetual and shall be binding on and shall inure to the benefit of the heirs, executors, saminks=re=ors, successors and assigns of the ~artiem hereto. 3. The rights herein granted shall be deemed appurtenant to, and run with the ow~ership of the ExJlibi=l "Am, mB", 'C" , "D" , wE" and properties and the parties' buyers, successors and assigns to all or part of the P_x. hibits "Am, "])", mCm, mDm, mEm, and "G' properties, and their tenants, agents, employees, ~uests and invitees. 4. This easement is granted wlth the express condition the= Grantor shall have no responsibility for Improving or maintaining roadway that presently exisl;s ( described 'herein as exhibit "P", ]oca~ed on "A'jnor any other liability or responsibility to Stahnke ., Wuerz Whiting, NaYins and Levitt, their heirs, executors m successors and assigns, or to others who may use the roadway. 5. Am met forth in that certain ~asemant Agreement dated Ju~e 20, 1988, aid recorded in Official Recoram B~ 1362, Page 1183, of the Public Records of Collier County, Florida, <Levitt shall be responsible for maintaining and repairing the easements described in /"- JAN 2 6 1999 ~0t501 301813 OR BOOK PAGE EXhibit "= " IN WITNESS W~HEREOF, this instrument made and executed on =hisday of . , COUNTY OF ) SS: I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowled~ents personally appeared Carla Collins-Smith, Trustee of Land Trust Agreement dated March 17, 1988, to me kno~ to be the person described in and who executed the foregoing Agreement and she acknowledged before me that she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this ~ day of ~k/ . , 198i· Not~r~Pub"li~i~lo~da ~ . My Co~ission Expires: : JAN g 6 1999 001501 001814 OR BOOK P.a, GE EXHIBIT ~e South one-half (1/2) of the Northeast one-guarter (I/4) of the Northeast one-quarter (1/4) of the Northeast one-quarter (1/4) of Section 2, Township 49 South, Range 25 East, Collier County, Florida; LESS AND EXCEPTING the East 100 feet previously granted to the State of Florida for highway purposes; and LESS AND EXCEPTING a 30 foot easement along the South Line thereof for road purposes. AND The North Half (1/2) of the Southeast one-quarter (1/4) of the Northeast one-quarter (1/4) of the Northeast one-quarter (1/4) cf Section 2, Township 49 South, Range 25 East, Collier County, Florida: LESS AND EXCEPTING the East 100 feet thereof previously deeded to the State of Florida: and LESS AND EXCEPTING a 30 foot easement along the North Line thereof for road purposes. Smith i JAN 2 6 1999 ".:at S01 0 01815 OR E300~ PAINE Co.-~encing at the Southwest corner of the West 1/2 of the Northwes~ I1.'4 of the Northeast I/4 of the Northeast I/4 Section 2, Township 49 South, Range 25 East, Collier County, Florida; thence North 01'51'31" West 435.60 feet mlong the West line of the West 1/2 of the Northwest 1./4 of the Northeast 1/4 of the Northeast 1/4 of said Section 2; thence South 89'57'36" East 150.00 feet parallel and 435.60 feet from the South line of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of said Section 2; thence South o1'52'31" East 435.60 feet parallel and 150.00 feet from the West line of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of said Section 2; thence North 89'57'36" West 150.00 feet along ,--- the South line of the West 1/2 of the Northwest 1/4 of the Northeast 1'4 cf the Northeast 1'4 of Section 2, to the Point of Beginning. 5tahnke N JAN 2, 6 1999 s×~=s~:r "c.~ 0 ~ 5 0 I 0 0 I 8 1 OR 80DK PAGE The East one-b~]f (1/2) of the ~ ~e-quartar (1/4) of the Northwest ~%e-~.artar (1/4) cf ~ ~~t c~-~-quartar (1/4) of Sect/an 2, Tc~nship 49 Soar. h, Range. 25 '~st, of ~ PubLic Records of Oollier County, Florida. Tsx~ A~D ~ a 30 foot ~t along the So,:th Lir~ thereof for road [xEposes. _ JAN 2 6 1999 F!01501 001817 ErS~SZ~, "D" OR BOOK PAGE Parcel I. The East half (1/2) of the Northwest quarter (1/4) of the NoI--_hwest quarter (1/4) of the Noraeast quarter (1/4) of Section 2, Township 49, South, Range 25 Fast, of the Public Records of Collier County, Florida: LESS AND EXCEPTING a 30 foot easement along the South Line thereof for road purposes. Parcel 2. The West half (1/2) of the Northeast qu~r (1/4) of the Northwest quarter ( 1/4 ) of the Northeast quarter ( 1/4 ) of Section 2, Tornship 49 South, Range 25 East, of the Public Records of Collier County, Florida; LESS AND EXCEPTING a 30 foot easement along the South Line thereof for road purposes. JAN 2 6 1999 ;evins r)ol501 001818 sxnsz~r -~ 800K PAGE The West half (1/2) of the Northwesu quarter (1/4) of the No. thwest quarter (1/4) of the Northeast quarter (1/4) of Section 2, Township 49 South, Range 25 East, of the Public Records of Collier County, Florida; LESS AND EXCEPTING a 30 foot easement along the South Line thereof for road purposes. ~ ~:~,,,~ JAN 2 6 1999 ,~ WILSON · MILLER · BAI~I'ON · BOLL & PEEK, INC. ENGINEEF:IS I::x...,~NNERS S_IRVEYOi::~S EXHIBIT "F" for I~ ~ ~m~ ~ Utfl~ty ~s ~ ~ 92.00 f~t ~f ~ ~ 1~, of ~e ~t 1/4, of ~ ~t 1/4 ef t~ ~t 1/4 of ~ti~ 2, ~hip 49 ~th, ~e ~5 ~t, ~llier Ibt valid u~iess ~boss~cl with the P~'ofessional's seal. Ref: 3G-370 (~:kjd !~r I) ~: Nove~er 29, 1988 description of easement given in lieu of abandonment of old section of Tennis Lane located on Smiths 'exhibit "A". : JAN 2 8 1999 · . nolSol 00t820 OR BOOK P,4.GE The West 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northeast I/4, Section 2, Township 49 South, Range 25 East, Collier County, Florida, Official Records Book 1114, Page 1591, and the Eas~ i/2 of the Northwest 1/4 of the Northeast i/4 of the Northeast 1/4, Secticn 2, Township 49 South, Range 25 East, Collier County, Florida, Official Records Book 1229, Page 1476, Less the following described parcel: Ccr~encing at the Southwest corner of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 Section 2, Township 49 South, Range 25 East, Collier County, Florida; thence North 01'51'31" West 435.60 feet along the West line of the West 1/2 of the Northwest I/4 of the Northeast 1/4 of the Northeast 1/4 of said Section 2; thence South 89'57'36" East 150.00 feet parallel and 435.60 feet from the Sou=h line of the West 1/2 of the Northwest 1/4 of the Northeast !/4 of the Northeast 1/4 of said Section 2; thence South o1'52'31" East 435.60 feet parallel and 150.00 feet from the West line of the Wes= 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of said Section 2; thence North 89'57'36" West 150.00 feet along the South line of the West 1/2 of the Northwest 1/4 of the Northeast 1'4 of the Northeast 1'4 of Section 2, to the Point of Beginning. Wuerz jAN g 6 1999 BOOK ~ P~GE ~ ~ 'Z~ ....,.,.,,~.' ..... AIRPORT ROAD BOULI ~OI .~ ,,,,:,~ -- ORDINANCE NO. kN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WI{ICH iNCLL~ES THE COMPREHENSIVE ZONING REGLF~ATiONS FOR THE L~INCORPOP~ATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9502N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AGRICULT~JRE TO "PU'D" PLAN'NED UNIT DEVELOPMENT .~NOWN AS FOUNTAIN PARK PUD FOR COMMERECI~.L USES, LOCATED AT THE SOLTHWEST CORNER OF AIPRORT-PLrLLING ROAD {C.R.-31) AND VANDERBILT BEACH ROAD {C.R.- 862) IN SECTION 2, TOWNSHIP 49 SOUTH, PJUNGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.14 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREASI Kevln McVicker of Phoenix Planning and Engineering, i.nc., represent;ng knn Dee Development, pe~_izioned the Board of Co'ann}' Ccmw. lsslcners to change ~he zcnlng classlflcation of the here!n described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County So~misslcners of Ccl!ier County, F!crida: SZSTZOZ; SXE: The zcnznS classification of the herein described real ~rcpertV located in Sectlcn 2, Townshlp 49 South, Range 25 East, Cclller Taunt-/, F!orzda, is changed from "A" Agrzc'dlture to ;fanned Unzt Development in accordance with the Fountain Park Document, aftached hereto as Exh!bit "A' and incorporated by reference herezn. The Official Zonin~ Atlas Map Number 95S2N, 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. JAN 2, 6 1999 -i- ;ASSED AN~ D~Y ADOPTED by nhe ~card of Ccunty Ccmmissloners cf Cciller Ccunzy, F!cr~da, zhls __ day of , ~OARD CF TS'JNTY S~MMISSiONERS COLLIER ~CL~Y, FLORIDA ATTEST: BY: Chairman DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency Marl er2e M. Studenz Ass~s'_anz County Aztcrney ~D'D- 98 - 12 CRDIN]~NCE/ FOUNTALN PARK A PLANNED UNIT DEVELOPMENT Regulations and Supporting Master Plan Governing the Fountain Park PUD A Planned Unit Development Pursuant to Provisions of The Collier County Unified Land Development Code Prepared For: Ann Dee Development 533 Turtle Hatch Lane Naples, FI 33940 Prepared By: Phoenix Planning & Engineering 1786 Trade Center Way Suite # 2 Naples, Florida 34109 Date Filed ~ Date Revised Oct 20 98 Date Approved by BCC ORDINANCE NUMBER TABLE OF CONTENTS Statement of Compliance i SECTION 1 Property Ownership & Description 1-1 SECTION 2 Project Development Requirements 2-1 SECT1ON 3 Commercial Plan 3-1 SECTION 4 Development Commitments 4-1 EX~IIBIT A Master Plan JAN g 6 1999 ' Po ~ STATEMENT OF COMPLIANCE The development of approximately 10.14 -4-/. acres of property in Collier County, as a Commercial Planned Unit Development to be known as Fountain Park PUD, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Grov(th Management Plan. The project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons~ Activity Center Development The subject propen>, is located in an area identified as an Activity Center in the Collier County Growth Management Plan. 2 Activity Centers are the preferred locations for the concentration of commercial and development activities that contain a mixture of uses. 3 The subject tract is located at 350' South of the corner of Airport-Pulling Road (CR-31 ) and Vanderbilt Beach Road (CR-862) intersection. This strategic location allows the site superior access for the placement of commercial actMties 4. The project is in compliance with all applicable County regulations including the growth Management Plan. 5. The project will be served by a complete range of services and utilities as approved by the Count>, and/or the City of Naples. 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. 7. The Planned Unit Development includes open spaces and naturalized open features which serve as project amenities. JAN 2 6 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 Fountain Park PUD. 1.2 LEGAL DESCRIPTION PROPER]'~' DESCRIPTION THE SOLTH 1."2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 SECTION 2. TOVv,,~SHIP 49 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA LESS AND EXCEPTING THE EAST 1Do FEET PREVIOU SLY GR.~NTED TO THE STATE OF FLORIDA FOR HIGHWAY PURPOSES. THE NORTH H,~LF (N 1/2! OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER CN'E 1/4) OF THEE NORTHEAST QU,~RTER (NE 1/4) OF SECTION 2. TOWNSHIP 49 SOUTH. RANGE 25 EAST. COLLIER COL~'f'Y. FLORIDA LESS AND EXCEPTING THE EAST 100 FEET THEREOF PREVIOUSLY DEEDED TO THE STATE OF FLORIDA. CONTAdNTNG 10, 14 ACRES MORE OR LESS ""' JAN 2 6 1999 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of The Vanderbilt Beach Road Land Trust Trust distribution as follows: Carla Collins Smith 25%, Roger and Florence Collins 50%, and Christopher Smith 25%. Ann Dee Development has a Purchase and Sale Agreement to purchase the property for the intended use of retail and office development. 1.4 GE3,:ERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in section 2, Iownship 49 South, Range 25 East, just South of the Southwest comer of the intersection of Airport-Pulling Road and Vanderbilt Beach Road. The property is currently vacant. B. The zoning classification of the subject property prior to the date of this approved PLrD Document was A 1.5 PHYSIC4L DESCRIPTION Elevations vdthin the project site range from 8.0 to 14.0 feet NGVD All of the site is in Flood Zone "X" according to Firm Map 120067-0385 D, effective date of June 3.1986 The soil types on the site are Immokalee fine sand Basinger fine sand. 1.6 PROJECT DESCRIPTION The project will be a high quality commercial park with a maximum of 72.000 gross square feet of commercial development. 1.'7 SHORT TITLE This Ordinance shall be known and cited as the "Fountain Park PUD Planned Unit Development Ordinance" (1-2) JAN 2. 6 1999 SECTION 2 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 Fountain Park PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and pans of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application Where these regulations fail to provide developmental standards then the provisions of the most similar district in the Collier County Land Development Code shall apply Unless other~'ise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application C. All conditions imposed for the development of Fountain Park PUD shall become pan of the regulations which govern the manner in which the PUD site may be developed. D Except as modified by this PUD, the provisions of the Collier County Land Development Code remain in full force and effect with respect to the development of the land which comprises this PUD 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 Section of the Collier County Land Development Code at the earliest or next to occur of either final SDP approval, final plat approval or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Conceptual Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan. The project shall have a maximum of 72,000 gross square _, feet of commercial development. JAN ~ 6 1999 SECTION 3 COMMERCIAL PLAN 3.1 PURPOSE The purpose of this Section is to identify the type of Commercial Uses and development standards that will be applied to the 10. 14 +/- acre Fountain Park PUD. The entire site will be developed as a commercial project with two tracts to determine uses. All numerical group references are from the "Standard Industrial Classification Manual - 1987" . 3.2 USES PERMITTED No building or structure or part thereof, shall be erected, altered or used or land uses. in whole or part, for other than the following: A. Permitted Principal Uses and Structures Tract A .' 1. Agricultural Services (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752-0783 except outdoor kenneling). 2 A.rnusements and recreation services (groups 7911-7941, 7991-7993, 7997, 7999). 3. Apparel and accessory, stores (groups 5611-5699). 4 Automotive dealers and gasoline service stations (groups 551, 5531, 5541 with sen'ices and repairs as described in section 2.6.28 of the Collier County Land Development Code and Groups, 5571, 5599 new vehicles only). 5 Building materials, hardware and garden supplies (groups 5231-5261 ). 6 Business services (groups 73 11-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, groups 7361-7393 except armored car and dog rental, group 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 7. Commercial printing (group 2752, excluding newspapers). 8 Eating and drinking establishments (groups 5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic bevarages for on-premise consumption are subject to the locational requirements of section 2.6.10 of the Collier County Land Development Code. 9 Engineering, accounting, research, management and related services (groups 8711- 8748) (3-1) I JAN 2 6 1999 1 10. Food stores (groups 5411-5499). 11 General merchandise stores (groups 5311-5399). 12 Glass and glazing work (group 1793). 13 Hardware stores (group 5251 ). 14. Health services (groups 8011-8049, 8051-8059, 8062-8069, 8071-8072, and 8092 8099) 15. Home furniture, furnishings and equipment stores, (groups 5712-5719, 5722, 5731- 5736). 16 Hotels and motels (group 7011). 17 Insurance agents, brokers and service (group 6411 ). 18 Legal Sen'ices (group 8111 ) 19 Membership organizations (groups 8611-8699). 20 Miscellaneous repair services, except aircrat~, business and office machines, large appliances, and white goods such as refrigerators and washing machines (groups 7629- 763 1 ). 21. Miscellaneous retail (groups 5912-5963, 5992-5999). 22 Motion picture theaters (group 7832). 23 Museums and an galleries (group 8412). 24 Nondepository' credit institutions (groups 6111-6163). 25 Paint, glass and wallpaper store (groups 523 1). 26. Personal services (groups 7215, 7217, 7219-7261 except crematories, groups 7291 - 7299) 27 Public administration (groups 9111-9199, 9229, 93 11, 94 11-9451, 9511-9532, 9611- 9661 ) ---- 28 Real estate (group 6512). (3-2) ~ ~~ , JAN ~ ~ ~999 I 29 Retail nurseries, lawn and garden suply stores (group 5261). 30. Security and commodity brokers, dealer, exchanges and services (group 6211-6289). 31. Social services (groups 8322-8399, except for homeless shelters and soup kitchens). 32 United States Postal Service (group 4311 except major distribution center). 33 Veterinary, serMces (groups 0742, 0752 excluding outside kenneling). 34 Videotape rental (group 7481 ). 35. Vocational schools (groups 8243-8299). B Permitted Principal Uses and Structures Tract B.' 1 .Agricultural Services (groups 0741 except outdoor kenneling, 0742 except outdoor kennellug; 0752-0783 except outdoor kenneling). 2 .Apparel and accessor3.' stores (groups 5611-5699). 3 Building malerials, hardware and garden supplies (groups 5231-5261 ). 4. Business ser,,ices (groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, groups 7361-7393 except armored car and dog rental, group 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 5. Commercial printing (group 2752, excluding newspapers). 6 Engineering, accounting, research, management and related services (groups 8711- 8748). 7 Food stores (groups 5411-5499). 8. General merchandise stores (groups 53 11-5399). 9. Glass and glazing work (group 1793). 10. Hardware stores (group 5251). (3-3) ~ JAN ~ 6 1999 i 11 Health services (groups 8011-8049, 8051-8059, 8062-8069, 8071-8072, and 8092- 8099). 12 Home furniture, furnishings and equipment stores, (groups 5712-5719, 5722, 5731- 5736) 13 Insurance agents, brokers and service (group 64 11 ). 14. Legal Services (group 8111) 15 Membership organizations (groups 8611-8699). 16 .Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines (groups 7629- 7631 ) 17 Miscellaneous retail (groups 5912-5963, 5992-5999). 18 Museums and art galleries (group 8412) 19 NondepositorS.' credit institutions (groups 6111-6163). 20 Paint, glass and wallpaper store (group 5231). 21 Personal ser-,'ices (groups 7215, 7217, 7219-7261 except crematories, groups 7291- 7299) 22 Public administration (groups 9111-9199, 9229, 93 11,9411-9451,9511-9532, 9611- 9661 ). 23 Real estate (group 6512). 24 Retail nurseries, lawn and garden supply stores (group 5261) 25. Security and commodity brokers, dealer, exchanges and services (group 6211-6289). 26. Social services (groups 8322-8399, except for homeless shelters and soup kitchens). 27. United States Postal Service (group 43 11 except major distribution center). 28. Veterinary services (groups 0742, 0752 excluding outside kenneling). 29 Videotape rental (group 7841). J.a,N 2 6 1999 30. Vocational schools (groups 8243-8299). B. Permitted A ccessoD' Uses and Structures: 1. Accessory. uses and structures customarily associated with principal uses permitted in this district. 3.3 DI,~IENSIONAL STANDARDS The following dimensional standards shall apply to all permitted and accessory uses: A. Minimum Lot Area: Ten Thousand (10,000) Square Feet. B Minimum Lot Width: One Hundred (100') Feet C Minimum Yard Requirements: 1 Front Yard: Twenty-five feet (25') " Side Yard: Fifteen feet (15') 3 Rear Yard: Fifteen feet (15') 4 Waterfront Iwenty-five feet (25') 5 Building Separation for Principal Structures Fifteen feet (15') or distance equal to one half (1/2)the sum of their heights, whichever is the greater D Maximum Height: Fifty feet (50') for Tract "A"; Thirty Five Feet (35') for Tract "B". E Minimum Floor Area of Principal Structure: Seven Hundred (700) Square Feet gross floor area for each building on the ground floor. F Minimum Off-Street Parking and Off-Street Loading: As required in Division 23, Collier County Land Development Code. Landscaping and Buffering: 1. As required in Division 24 and 2.8, Collier County Land Development Code 2 A six foot opaque fence shall be provided along tennis court line. JAN 2 no 1999 SECTION 4 DEVELOPMENT COMMITMENTS 4. I PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4. 2 GENER4L All facilities shall be constructed in strict accordance with the Final Site Development Plan and all applicable State and local laws, codes and regulations applicable to this PLY. Except where specifically noted or stated otherwise, the standards and specifications of the official Coumy Land Development Code shall apply to this project The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Plan and the regulations of the PLrD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer shall be responsible for any commitments within this agreement 4. 3 PI.'D MASTER PLAN A Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be constructed to be final and may be varied at any subsequent approval phase. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, changes and 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. 4. 4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION This PUrD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. (4-1) JAN 2 6 999 4.5 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions~ A. Arterial level street lighting shall be provided at all project entrances Said Improvement shall be in place prior to the issuance of any Certificates of Occupancy. 4. 6 ~4TER M_~btGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions A. Big Cypress right-of-way permit and discharge permit shall be submitted prior to final Site plan / Construction plan approval B Water Management design and construction shall conform to Division 3.3.5.55.4 of the Collier County Land Development Code. 4. 7 UTILITIES The development of this PUD Master Plan shall be subject and governed by the following conditions 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 Colloer County Ordinance No. 88-76, as amended, and other applicable County rules regulations. 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 sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's offsite sewer facilities are available to serve the project ~ Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial fights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities. (4-2) N JAN 2 6 1999 "" 4. 8 ENGL~LEERING The development of this PUD Master plan shall be subject and governed by the following conditions A. This project shall be required to meet all County ordinances in effect at the time of final Site plan / Construction plan 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 Subdivision. 4. 9 ENVIRO;%34ENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: A Wetland Jurisdiction determinations and, if necessary, permits from the U.S. Army Corps ofEn~neers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final Site / Construction plan approval. B An appropriate portion of Native vegetation shall be retained on site as required in Section 3 9.5.5.4 Collier County Land Development Code. C An Exotic vegetation removal, monitoring, and maintenace (exotic free) plan for the site shall be submitted to current Plarming Environmental Staff for review and approval prior to final Site plan/Construction plan approval. (4-3) J/~N 2~ 6 1999 A General Sign regulations of Division 2.5 of the Collier County Land Development Code shall apply unless such regulations are in conflict with the conditions set forth in this section. 2. For the purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. Should any of the signs be requested to be placed within the public fight-of- way, a right-of-way permit must be applied for and approved 4. All signs shall be located so as not to cause sight distance problems 5 Rights-of-way may be utilized for decorative landscaped entrance features and signage if prior approval is received from Engineering Review Services. (3-6) J A N 2 6 1999 EXECUTIVE SUMMARY PETITION NO. V-98-22, WALTER CHEVILLET REPRESENTING ANCHORAGE CONDOMINIUM, REQUESTING A 10 FOOT VARIANCE FROM THE REQUIRED 15 FOOT SIDE YARD TO 5 FEET ON THE SOUTH PROPERTY LINE FOR CARPORTS FOR A CONDOMINIUM COMPLEX LOCATED ON VANDERBILT DRIVE APPROXIMATELY ONE HALF MILE SOUTH OF WIGGINS PASS ROAD. OBJECTIVE: The petitioner is requesting the above described variance in order to install open sided carports. CONSIDERATIONS: The applicant is proposing to cover some of the existing parking spaces with carports. The property in question is zoned RT "Residential Tourist" and the side setback in this district is 15 feet. Because of the location of existing parking spaces it is necessary to ---- obtain a variance to build carports. It should be noted that the proposed carports will be adjacent to a mangrove preserve. The proposed carports will not abut a developed property or a Public ROW. The Collier County Planning Commission reviewed this petition on December 17, 1998 and by a vote of 7-0 recommended approval of the variance. Staff has not received any letters in opposition to the granting of this request. At the CCPC meeting no one spoke in opposition to this variance petition. Because of the above facts and staffs recommendation to the CCPC for approval, this petition qualifies to be placed on the Summary Agenda. 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 AssE!ssm~~,E ' required. ' JAN 2 6 1999 1 PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals approve V-98-22. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER ~/t~E/~,]k/I EWED BY: 'ALD F. ~iNO, AICP, MANAGER DATE CURRENT PLANNING SECTION ~ :, RQBE~ J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES JAN 2 6 1999 2 AGENDA ITEM 7-F (- MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: November 6, 1998 RE: PETITION V 98-22 AGENT/APPLICANT: Owner: Anchorage Condominium Association 12945 Vanderbilt Drive Naples, FL. 34110 Agent: Walter Chevillet, President KC Construction of Naples, Inc. P.O. Box 9954 Naples, FL. 34101 ( REQUESTED ACTION: The petitioner is requesting a 10 foot variance from the required 15 foot side yard to 5 feet on the south property line for carports. GEOGRAPHIC LOCATION: The subject property is located on Vanderbilt Drive, in section 17, Township 48 south, Range 25 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The applicant is proposing to cover some of the existing parking spaces with carports. The property in question is zoned RT "Residential Tourist" and the side setback in this district is 15 feet. Because of the location of existing parking spaces it is necessary to obtain a variance to build carports. It should be noted that the proposed carports will be adjacent to a mangrove preserve. The proposed carports will not abut a developed property or a Public ROW. SURROUNDING LAND USE AND ZONING: Existing: - Multi-family residential, zoned RT. Residential Teurist~e~,, JAN 2 6 1999 ! ~ GULF OF JAN ~ 6 1999 Surrounding: North - Water East - ROW, water South - Vacant mangrove preserve, zoned RSF-3 West - Water ' 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. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or required environment relationships. 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 Subsection(6)(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 (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? Yes, all buildings and parking lots are existing. This project was not designed to contain carports. 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 site was developed several years ago. All buildings and parking lots are existing. It is not possible to relocate the parking lot where a variance would not be necessary for carports. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? JAN 2 6 1999 -2- No, there are several condominium buildings in Collier County without carports. Carports are not a necessity. Unit owners lived in this development for years without them. 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, a variance is not necessary to make possible the reasonable use of the land. The land is being used for a condominium complex. However, this variance is the minimum variance necessary to allow each unit owner to have a carport. 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, if granted, will allow the petitioner to build carports 10 feet from the front property lines, which will be denied to others in the same zoning district unless a similar variance is granted. 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, if approved, will reduce the front yard requirements and will not be in harmony with the general intent and purpose of the Land Development code; 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.? Yes, These carports will be adjacent to a mangrove preserve. h. Will granting the variance be consistent with the Growth Management Plan. The granting of this variance will not change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition V 98-22 to the B;A vv,,~~ recommendation for approval. JAN ~ 6 1999 -3- PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER R ED Y' , , MANAGER DATE CURRENT PLANNING SECTION ~RE, AI~'~, DIRECTOR DATE PLANNING SERVICES VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-98-22 Staff report for December 17,1998 CCPC meeting. This Petition has tentatively been scheduled for January 26,1999 BZA Public Hearing. Collier County Planning Commission: ~MAN JAN g 6 1999 -4- ~-, 1 RESOLUTION NO. 99- 2 3 RELATING TO PETITION NUMBER V-98-22, 4 FOR A VARIANCE ON PROPERTY HEREINAFTER 5 DESCRIBED IN COLLIER COUNTY, FLORIDA. 6 7 8 WHEREAS, the Legislature of the State of Florida in Chapter 125, 9 Florida Statutes, has conferred on all counties in Florida the power to 10 establish, coordinate and enforce zoning and such business regulations 11 as are necessary for the protection of the public; and 12 WHEREAS, the County pursuant thereto has adopted a Land 13 Development Code (Ordinance No. 91-102) which establishes regulations 14 for the zoning of particular geographic divisions of the County, among t5 which is the granting of variances; and 16 WHEREAS, the Board of Zoning Appeals, being the duly elected 17 constituted Board of the area hereby affected, has held a public 18 hearing after notice as in said regulations made and provided, and has 19 considered the advisability of a 10-foot variance from the required 15 20 foot side yard setback to 5 feet as shown on the attached plot plan, 21 Exhibit "A", in a "RT" Zone for the property hereinafter described, and 22 has found as a matter of fact that satisfactory provision and 23 arrangement have been made concerning all applicable matters required 24 by said regulations and in accordance with Section 2.7.5 of the Zoning 25 Regulations of said Land Development Code for the unincorporated area 26 of Collier County; and 27 WHEREAS, all interested parties have been given opportunity to be 28 heard by this Board in public meeting assembled, and the Board having 29 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 V-98-22 filed by Walt Chevillet of K.C. Construction 33 of Naples, Inc., representing Anchorage Condominium Association, with 34 respect to the property hereinafter described as: 35 36 EXHIBIT "B" 3v be and the same hereby is approved for a 10-foot variance from the 38 required 15 foot side yard setback to 5 feet as shown o~thoA~6" d "~ 2 6 999 1 plot plan, Exhibit "A", of the "RT" Zoning District wherein said 2 property is located. 3 <> 4 5 BE IT RESOLVED that this Resolution relating to Petition Number 6 V-98-22 be recorded in the minutes of this Board. 7 This Resolution adopted after motion, second and majority vote. 8 Done this day of , 1999. 9 10 ATTEST: BOARD OF ZONING APPEALS n DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 12 13 14 15 Chairman 16 17 18 Approved as to Form and Legal Sufficiency: 19 20 22 ~arjoBie M. Student 23 Assistant County Attorney 24 25 f/v-98-22 RESOLUTION 26 27 JAN 6 199c,) -2- pq. q' , 1' , %, :~3~, %W~tS ~NINNV'~" ,. ~ .: ,,~ . ~ er ',, "- -, · (.' d ~ [ .. ,,,.--.:.. II %" / , ' ~ i i .... ~ ~: : -%~., : :- I! ~ ~e,~ .... i. / :'~ "" ' :Lt'i"' ~::""':~':l' ~'' l,'' ( .'.,:.. · ~.:~ -' ..'< '. ~,:. i . \ '-:, , , "'~;" J ~"' 'l LLI ,%'- ' /" ~ i'~ " ~ i~il~ ' i,) ' " '~' .. ~ .~ .J ,5 '-' liJ C}ti.: - ~ '! ..i.:t.-' ....":" "' ....' =' 3-. ':' 't',2""' .... EXHIBIT "A" JAN 2 6,1999 Y,' ", ,PROPERTY DESCRIPTION ,-r-~ THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS "( fOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST OUARTER OF SAID SECTION 17, RUN S.89'53'18'W. FOI~ 50 FEET TO THE POINT OF BEGINNING ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD S-865A; THENCE RUN N.OO'26'OO'W., ALONG SAID RIGHT-OF-WAY LINE, FO~ 211.15 FEET TO A POINT ON BULKHEAD LINE NO. 3, AS SHOWN ON THE PLAT THEREOF RECORDED IN BULKHEAD UNE PLAT BOOK 1, PAGE 7, OF THE PUBUC RECORDS OF COLLIER COUNTY, FLOP, IDA; THENCE S.41'11'03'W., ALONG SAID BULKHEAD LINE, FOR 414.13 FEET; THENCE S.00'06'42'E., FOR 120.00 FEET, THENCE N.89-'-'-'53'18'E. FOR 275.72 FEET TO A POINT ON SAID RIGHT-OF-WAY UNE OF STATE ROAD S-865A; THENCE N.OO'26'OO"W. FOR 220.00 FEET TO THE pOINT OF BEGINNING. COLUER COUNTY, FLORIDA. NOES: PROPERTY DESCRIPTION SUPPLIED BY CLIEN'I. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE EAST UNE OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER ( 30UNTY, FLORIDA, AS BEING S.00'26'00'E. sxH~s:? ,'s" JAN g 6 1999 V/~RIANCE PETITION (VARIANCE FROM SETBACK (S) PET]TION NO. DATE PETITION RECEIVE CI'3 0 t~9a PROJECT PLANNER (ABOVE TO BE FILLED IN BY STAFF) PETITIONER'S NAME Anchorage Condominium Association PETITIONER'S ADDRESS 12945 Vanderbilt Dr. Naples, Florida 34110 TELEPHONE 941 948-9119 AGENT'S ADDRESS _yalt Che~illet. Pres.. K C. CQn$~rUC~iOn Of Naples, Inc. _. P,O, Box 9954 Naples, FL. 34101 TELEPHONE 941 948-9119 LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S) BLOCK(S) SUBDIVISION SECTION 17 TWP, 48 R/UqGE 25 (If legal description is lengthy, i.e. metes & bounds description, attach additional page) See Attachment. "'TRPENT ZONING OF SUBJECT PROPERTY R.T. EXISTING LAND USE ON SUBJECT PROPERTY Residential ADJACENT ZONING & LAND USE ZONING LAND USE N Water S Vacant ' Vacant E Street W Water MINIMUM YARD REQUIREMENTS FOR SUBJECT P'~OPERTY FRONT: 30' CORNER LOT: No/YES (CIRCLE ONE) SIDE: 15' WATERFRON LOT: NO/YES (CIRCLE ONE) REFLR: 3Q' North and West 1999 NATURE OF PETITION Provide a detailed explanation of the request including what structures are existing and what is propoMed; 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 if possible); why encroachment is necessary; how existing encroachment came to be; etc. The Condominium ~.~ ...... : .as under Building parking however, not enough for all:Unit Owners. The request for a south boundry set back Variance would allow Carport parking as well as a dumpster- recycle compound out of sight. The request is to allow a Variance at the south boundry of 10'. The original permit No.81-3860 and 81-4477 dated 4-82. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that ehe Board of Zoning Appeals shall be guided in its determination to approve or de~y a variance petition by the below listed criteria (1-6). (Please addres~ 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. If allowed this Variance would enhance the view from the street (Vanderbilt Dr.) to be more appealing. It would hide the dumpster and recycle bins also hide vehicles. 2 JAN / /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 propert~ which is the subject of the variance request. A]] [lnit Ow~e!s will not have a covered parkins space. The unsiEhtly condition of dumpster and recycle bins will continue to be seen from the street. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. The app]icanL has planned more than a year and has Board of Directors and [[nit Owners approval. Applicant has spent approximately $4,000.00 to date for preliminary work. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes 5. 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. JAN ?,, 6 1999 3 ,/ 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. Yes 7. Are there natural conditions or physically induced conditions that ameliorate the goalB and objectives of the regulation such as natural preserve~, lakes, golf course, etc. No 8. Will granting the variance be consistent with the growth management plan. Yes 4 JAN 2 6 1999 EXECUTIVE SUMMARY PETITION V-98-20, ROGER HILL, REPRESENTING LOWELL AND CLAUDIA NEWTON, REQUESTING A 10.3-FOOT VARIANCE TO THE REQUIRED 15-FOOT REAR YARD SETBACK TO 4.7 FEET FOR PROPERTY LOCATED AT 520 BALD EAGLE DRIVE, FURTHER DESCRIBED AS BLOCK B, LOT 18, NAPLES BATH AND TENNIS CLUB # B, IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a variance of 10.3 feet from the required 15ofoot rear yard setback to 4.7 feet to allow the construction of a swimming pool and screened enclosure. CONSIDERATIONS: The subject property is located at 520 Bald Eagle Drive in the Naples Bath and Tennis Club PUD, legally described as Block B, Lot 18, Naples Bath and Tennis Club # B. The petitioner wishes to construct a swimming pool and screened enclosure on an irregularly shaped lot which would not allow construction of a swimming pool of conventional size and shape without encroaching into the rear yard setback. A similar variance was approved for nearby Lot 14. The property owner has obtained the approval of the homeowners' association for the project, and has agreed in writing to stipulations for a landscape buffer between the proposed structure and adjacent Lot 17. A substantial landscape buffer already exists between the subject property and adjacent Lot 19. Several objections to this project were withdrawn following discussions with the petitioner, and no further objections were received. The Collier County Planning Commission reviewed this petition on February 20, 1997, and unanimously recommended approval. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: The proposed variance is consistent with applicable provisions of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an ~areaN~EN-~?eE' archaeological or historical probability. JAN g 6 1999 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission forwarded Petition V-98-20 to the Board of Zoning Appeals with a recommendation of approval. PREPARED BY: ROSS GOC, HENAUR, PLANNER II D/T/E/. CURRENT PLANNING SECTION ALD F. NINO'TAICP, MANAGER DATE CURRENT PLANNING SECTION ROBERT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT APPROV~~. ~ /,-/~ --~ ? VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summaryN-98-20 JAN 2, 6 1999 AGENDA ITEM 7-A MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: 15 October 1998 RE: PETITION V-98-20 AGENT/APPLICANT: Owner: Lowell W. and Claudia G. Newton 520 Bald Eagle Drive Naples, FL 34105 REQUESTED ACTION: The petitioner requests a variance of 10.3 feet from the required 15-foot rear yard accessory structure setback to construct a swimming pool and screened enclosure on a legal, conforming lot in the Naples Bath and Tennis Club Planned Unit Development. GEOGRAPHIC LOCATION: The subject property is located at 520 Bald Eagle Drive, legally described as Block B, Lot 18, Naples Bath and Tennis Club # B, in Section 14, Township 49 South, Range 25 East. JAN g 6 1999 Proposed site seen from adjacent Lot 17, showing vegetation and 8-foot hedge along property line shared with Lot 18 View of proposed site as seen from entrance to screened enclosure on a~ ~ E Lot 17 ~°. ~ JAN g 6 1999 2 View of proposed site looking along common lot line with Lot 19 showing 8-foot ,__ hedge and vegetation View of subject site as seen from common ground to northeast, showing ~ous~a'E~ and back yard; Lot 17 is at left o JAN g 6 1999 3 PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to construct a swimming pool and screened enclosure which would encroach 10.3 feet into the required 15-foot rear yard accessory structure setback. SURROUNDING LAND USE AND ZONING: Existing: Single-family residence, zoned PUD Surrounding: North - Common area tract South - Bald Eagle Drive East - Single-family residence, zoned PUD West - Single-family residence, zoned PUD HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the site is not located in an area of historical/archaeological significance. 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 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 11.14) 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 subject property, Lot 18, is irregularly shaped, approachir3g.__a. parallelogram, and would not allow construction of a swimming pc01 of~~ conventional size and shape without encroaching into the required rear yard JAN 2 6 1999 accessory structure setback. The single-family residence has been so situated on the lot in order to maximize the restricted building envelope dictated by the shape of the lot. The rear property line abuts a common area tract with a lake which is located immediately behind the 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 single-family residence on the lot was constructed by the previous owner. The irregularly-shaped lot was the result of an approved plat. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. A swimming pool is not a necessity; however, it is an amenity commonly associated with other similar single-family residences in the development. 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. A variance of less than the requested amount would allow construction of a swimming pool and screened enclosure; however, these structures would be considerably smaller than those which could be constructed on a lot of similar size but more conventional shape within the Naples Bath and Tennis Club Community. At 13 X 30 feet, the proposed swimming pool is of about average dimensions, although somewhat narrow for its length. 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. The requested 10.3-foot variance amounts to greater than two-thirds of the required 15-foot rear yard accessory structure setback. 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? Yes. The petitioner has agreed to provide landscaping and buffering in mitigation of the proposed variance, and has received the approval of the Jfrif--IE~.s~ ,T Homeowners' Association. No ~ JAN 2 6 1999 5 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.? Yes. Because the subject property's rear lot line abuts a common area, the proposed structures would not have the visual and restrictive effects that such structures would have if the rear lot line abutted a single-family residential lot, or lots. The subject Lot 18 is separated from adjacent Lot 19, to the west, by an 8- foot hedge terminating in a much taller stand of bamboo and other vegetation at the north end of the lot. The proposed structures would be largely invisible from Lot 19. Existing vegetation on the subject lot includes four large slash pines and other relatively tall vegetation which already somewhat obstructs the view from adjacent Lot 17 to the east. The proposed screening vegetation, to which the owner of Lot 17 has agreed, would conceal the proposed structures and would -have about the same impact on the view as the existing vegetation. h. Will granting the variance be consistent with the Growth Management Plan. Approval of this plan will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Staff believes that the irregular lot shape constitutes a special condition peculiar to the subject property, and that the proposed structures, subject to landscaping and buffering as agreed to by the petitioner, will not be injurious to the Naples Bath and Tennis Club community and will be in harmony with the general intent and purpose of the Land Development Code. Staff therefore recommends approval of this petition. J/~N 2 6 1999 6 ~r~. C/__- PREPARED BY: ROSES ~,,(~HI~NAU'R, ~LANNERII DATE" CURRENT PLANNING RON~ED F. I~, AICP, DATE CURRENT PLANNING MANAGER , .., ~'~---,,,_ /I- I "ROI3~RT J. MULHERE, AICP, DATE PLANNING SERVICES DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V 98-20 Staff report for the 7 January 1999 CCPC meeting. This Petition has tentatively been scheduled for the 26 January 1999 BZA Public Hearing. Collier County Planning Commission: JAN g 6 1999 P~. ___/~ ..- VA/RIA/qCE PETITION (VARIANCE FROM SETBACK (S) ""' V 9 8 - 2 0 ~., 0~T 0 1 1998 PETITION N0. DATE PETITION RECEIVED ,", ~LANNIN.~ Se'RViCES' PROJECT PLANNER (ABOVE TO BE FILLED IN BY STAFF) PETITIONER' S NAME L-Ov3~'CL. ,,>J. ~ ccX~uO ,A ~.-. A~e,.., PETITIONER'S ADDRESS ~20 G4~D G",~GL-~-' ~A~cr~ FL 5H Io~ TELEPHONE AGENT ' S ~DRESS [oG~ ~ ~ ~eq~ A~Po~T ~D. ~. ) N~PL~5) FL 3HIO~TELEpHONE LEG~ DESCRIPTION OF SUBJECT PROPERTY: LOT(S) I~ BLOCK(S) SUBDIVISION c~u~ SECTION ~G" TWP. ~GE (If legal description is lengthy, i.e. metes & bounds description, attach additional page) CURRENT ZONING 0F SUBJECT PROPERTY ~ U D EXISTING ~D USE 0N SUBJECT PROPERTY ~D~T,~t -- DJACENT ZONING & ~D USE ZONING LAND USE N s W MINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY FRONT: ~" CORNER LOT: eYES (CIRCLE ONE) SIDE: JO WATERFRON LOT: NO~(CIRCLE ONE) REAR: JAN g 6 1999 1 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 if possible); why encroachment is necessary; how existing encroachment came to be; etc. TH'-- POoL ~ousC A,,a D ~ease ~o~e ~ha~ s~a~ and A~pea~s, a~d ~ha~ ~he Boa:d its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circ~stances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. ~0~ 5e~c~ aAN 6 1999 2 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. NO 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. 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 wel fare. 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. No. uae ~,,~DE/tS-n4,~-D TI4~.T AT ~r JAN 2 6 1999 3 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. . 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of t regulation such as natural preserves, lakes, golf course, etc. 8, ~ ~:an~n~ ~he vaE~ance ~e cons~s~en~ w~h ~he mana~emen~ p~an, ....,.- / JAN 2 6 1999 Pn ~ AFFIDAVIT I, ~///,_/, A/eZ4/ ;~n , ~/~a2,'~ being first duly sworn, depose and say that I am the owner 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 completed and accurate before a hearing can be advertised. I further permit ~O~- F~LcL to act as my (AGENT ' S NAME ) representative in any matters regarding this Petition. Sf ATU State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this ~ ,~ho iS pe~s~~k~ o~ who has p~oduced as ~en~fica~ion and who dl~ (did no~) ~ake an oath. /(~i~u~e ~f Notary Public) ~ ~ JUNE 7; s~, ,~, ~ NOT~Y PUBLIC SI State of Florida County of Collier ,~i~ person~ k.u~. Lu~ or who has produced__ as identification and who d' 'd not) take an ~ ~e~'~~;~L~K.~::~( Signature' 6f Notary Public ) . O~[~O M~UNE 4~1999 ' Co~ission My Co~ission E~pir~F~ V~I~CE APPLICATION/md JAN 2 6 1999 5 PLAN PREPARED PC, F, DAN BAILEY 6~O~ Chcstr,'.,t~. it Naples. FL*34tO9 .... ~A FAX T~SMISSION 649-8008 (3 Page) Naples Bath & Tennis Club, " Unit B, Homeowners Association Arm: Garry Lakin. Association Director RE: ~rchasers: Lowell W. Newton and Claudia O. Newton Property: 520 B~d Eagle Dr, Naples, FL 34105 Legal: Fa~ly Living Unit 18. NBTC, Unit B ~"' ~ ~ 8 - ~ 0 Dear Mr. I~kin: Please be advised that this firm reproach. as the Purchasers, Lowell and C audia Newton. in cont:ection with d'~eir purchase of the above described real property on September I. 1998. My clients request that the Association approve the plans for construction ol a swin'.ming pool. screen enclosure and patio area located as ~-n extension to the existing patio in the re ;tr uf the property, according to the Plot Plan prepared by G.C. Spencer & Associates (copy attached) A better qua!ity ~py of the Pie: Plan was previously delivered to you by Roger Hill. Please note that the proposed plan calls for ~e pool and patio to extend b :yond the s=:.backs currently approved by the Association. At its closes: pain:, tl'te screen enclosed p.a,. o (pool dec.:. area) will be ~.ppre, ximat=ly 4.7 fee: front my clien:'s lot line. Thus, my clients requesl t la~ the Association grant approval of the proposed plan and grant a variaz:ce to allow the proposed pool as 'outlined in said Plot Plan. Further, should such approval be granted, then my clients will comply vith the fo]lowing procedures in con. nection with the construction of the improvements: 1. The Pool equipment and concrete pad for said equipment shall be poe ilianed on the west side of my clients house, per the P:ot Plan. 2. All cons~.ruction equipment, mate:ia!s and workers shaI[ enter on fi '-. West .side of tke premise. s at all time,s. However. should an incident arise that makes it virtually impossible or impractical for equipment, materials or workers to acre is on ~.e West side of my dient's premises. then the adjacent owner to the East of my eli :nt's property, Mr. Garry Lakin, shall be notified of the problem at each incld~nt and rr ty grant consent to pertnit said ac~ss for each incident. Such consent shall not be unr~ asonably withheld. however, my elient's shall be re-~pc~rk~ible for the repair or replacen cut of all property damage caused by said access. 3. The General Contractor of the-poor and all subcontractors shall be .allfled. to clean up .. . all food and drink debris on a d:iily basis. 'and leave the premises ih s ele:~n ,. conditi. or'.' as possible. Also. siid parties shall be notified not to play any loud n usic < r perrnt~;~Is~l, .~ · noises from radios to occur such that it becomes disturbing to the ac iacen, neig~~ J~N 1999 po./7 Garry Lzkin Page Two 47 Should the General Contractor plan on having workers construct the pc ol for a prolonged period of time during any one day (between 6 to 8 consecutive hours ~er day), then the General Contractor and my clients shall make arrangements with the m-site workers to ensure d',e workers have proper acc~s to a bathroom, end the Genttel Contractor may, if needed, have a [,ortab[c toilet delivered to my client's premises t >r the use of said workers. My clients understand that the Association will not rolerat., any worker who does pot fcllov? the proper procedur--.s concerning use of available b~ brooms, ' g. My clients shall cause hedges, bushes and/or trees to be planted al ~ng the Northeast portion of Lot !8 in a manner consistent and similar to the foliage alr :ady planted along the Northwest side of my cl[ent's propert>'. and .in a manner acceptal le to the neighbor on the East side of my client's property. Mr. Garry Lakin. In thi regard, as many existing hedges, bushes and trees on Lot 18 outside :i'.e proposed sc~ :on enclosure wi!t be saved and not removed. Should the terms of this letter be acceptable to you. please forward this letter ilong with the plot p~an to the association for their approval. To evidence said approval. please ask the A: ;ociation President to sign the acceptance block zt the bottom of fi',is page and return a dup!!cate original 1 ::ter to me withem delay. Ve~, ~ru])' yours, DAN BAILEY Dan Bailey % Attorney at Law ' ' THE WITHIN PROPOSAL IS HEREBY ACCEPTED BY THI~ NAPLES BATH & TENNIS CLUB, UNIT B, ASSOCIATION: By: ...[ DBB Enclos-r.e(s) CC: Lowell Newton and Claudia Newton --- ~ Rog~.r Hill. Realtor Louise Sanders. Realtor ., , · JAN g 6 1999 AFFIDAVIT OCT 0 1 1998 , _ being firs~ duly s~~~5 and say that I am the owner of the property described herein anQ 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 completed and accurate before a hearing can be advertised. I further permit ~0~ ~%cL to act as my (AGENT'S N~E) representative in any matters regarding this Petition. SI'G~ATURE OF O~TNER State of Florida County of Collier The foregoing Agreement SheeZ was acknowledged before me this [,~_o..._ pe~sona.t.~v k~ or ~ho has produced as identification and who Qi~ (did not) take an oath. f ~ ) /(S'i~hlture 6 Notary Pub_ic My ./ S! .' ' / ' State of Florida County of Collier j , ~~' o~soha~ h~o~. C~ or who has produced as identkfication and ~ho d' ' ~6a-~~~ (Signature'6f Notary Public) My CoMiCsiOn Expires: V~I~NCE AP PLI GTI ON/rod 5 JAN 2 6 1999 . _ ....... -- ..... : _. .. ............... .__ 1 RESOLUTION NO. 99-__ 2 3 RELATING TO PETITION NUMBER V-98-20, ~ FOR A VARIANCE ON PROPERTY HEREINAFTER 5 DESCRIBED IN COLLIER COUNTY, FLORIDA. 6 7 8 WHEREAS, the Legislature of the State of Florida in Chapter 125, 9 Florida Statutes, has conferred on all counties in Florida the power to 10 establish, coordinate and enforce zoning and such business regulations 11 as are necessary for the protection of the public; and 12 WHEREAS, the County pursuant thereto has adopted a Land 13 Development Code IOrdinance No. 91-102) which establishes regulations 14 for the zoning of particular geographic divisions of the County, among 15 which is the granting of variances; and 16 WHEREAS, the Board of Zoning Appeals, being the duly elected 17 constituted Board of the area hereby affected, has held a public 18 hearing after notice as in said regulations made and provided, and has 19 considered the advisability of a 10.3-foot variance from the required 20 15-fcot rear yard accessory structure setback feet to 4.7 feet as shown 21 on ~he attached plot plan, Exhibit "A", in a "PUD" Zone for the 22 property hereinafter described, and has found as a matter of fact that 23 satisfactory provision and arrangement have been made concerning all 24 applicable matters required by said regulations and in accordance with 25 Section 2.7.5 of the Zoning Regulations of said Land Development Code 26 for the unincorporated area of Collier County; and 27 WHEREAS, all interested parties have been given opportunity to be 28 heard by this Board in public meeting assembled, and the Board having 29 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 V-98-20 filed by Roger Hill, representing Lowell W. 33 and Claudia G. Newton, with respect to the property hereinafter 34 described as: 35 36 Lot 18, Naples Bath & Tennis Club, Unit B, as recorded in 37 Plat Book 9, Page 64, of the Public Records of Collier ~ 38 County, Florida. 39 JAN 6 7999 -l- po. be and the same hereby is approved for a 10.3-foot variance from the 2 required 15-foot rear yard accessory structure setback to 4.7 feet as 3 shown on the attached plot plan, Exhibit "A", of the "PUD" Zoning 4 District wherein said property is located, subject to the following 5 conditions: 6 7 1. Hedges, bushes and/or trees shall be planted along 8 the northeas~ portion of subject Lot 18 in a manner 9 consistent with and similar to the vegetation planted 10 along the northwest portion of Lot 18. 11 BE IT RESOLVED that this Resolution relating to Petition Number 12 V-98-20 be recorded in the minutes of this Board. 13 This Resolution adopted after motion, second and majority vote. 14 Done this day of , 1999. 15 16 ATTEST: BOARD OF ZONING APPEALS 17 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 18 19 20 21 Chairman 22 23 Approved as to Form and Legal Sufficiency: 24 25 26 27 MarDor~e M. Student 28 Assistant County'Attorney 29 30 f/v-98-20 [SOLUTION 31 32 JAN 6 1999 -2- . OCT 0 1 1998 ~ ~675 D = a'28'49' ~NI~ ~E~' c~ - ~' V 9 8 - 2 9 ~xh~ "~" :_,:- :_=:.: ::E:~,~E: =::= JAN g 6 1999 P~. ~:FA ::5 ~7, :T '." .'.,',Z? GEORGE C SPENCER. JR EXECUTIVE SUMMARY PETITION PUD-89-23 (1), MR. ROBERT L. DUANE, AICP, OF HOLE, MONTES & ASSOCIATES, INC., REPRESENTING THE JIM COLOSIMO, TRUSTEE, REQUESTING TO REZONE THE PROPERTY PREVIOUSLY APPROVED AS A "PUD" NAMELY THE LAWMETKA PLAZA PUD TO A NEW PUD HAVING THE EFFECT OF ADDING TO THE LIST OF PERMITTED USES AND RELOCATING THE WETLAND PRESERVE FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF WIGGINS PASS ROAD AND US-41, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 33.6 ACRES. OBJECTIVE: This petition seeks to replace the current Lawmetka Plaza Planned Unit Development (PUD) with a new PUD with the same name. Consequently, this fezone action is from PUD to PUD. CONSIDERATIONS: On March 27, 1990, the Lawmetka Plaza PUD was approved with a mix of neighborhood commercial, specialty retail, office uses, and a hotel/motel on individual tracts designated for these uses. The petitioner now proposes to amend the PUD to allow similar land uses including the uses permitted in the C-3 and C-4 zoning districts excluding homeless shelters, bottle clubs, gas stations, auto repair, and communication towers. The remaining additional uses were selected because they are compatible with the existing permitted PUD useS. These proposed commercial structures will also be designed to conform with the architectural design standards contained in the Land Development Code. The master plan also provides a perimeter 20 foot wide landscape buffer including a 40 foot wide drainage easement along the northern property line to buffer the project. It should be noted that the adjacent Tarpon Cove PUD was approved 1995, five (5) years after the approval of the Lawmetka Plaza PUD. As a result, the Tarpon Cove PUD was designed and developed with preserve areas, open space areas, and with an internal access road adjacent to the property line of the Lawmetka Plaza PUD to provide an additional buffer between the two projects. The petitioner is also proposing to modify the Wetland Preserve Area on the Master Plan in accordance with the requirements of the South Florida Water Management District (SFWMD). The District staff expressed concerns about the long term viability of the currently approved wetland preserve which runs through the middle of property. Therefore, a re-configuration of the preserve area to encompass a single block of preserve acreage will complement the adjacent preserves on the Tarpon Cove property. The petitioner indicates that the primary intent of relocating the Preserve Tract is to create a larger and more viable preserve area. It has the added benefit of increasing the buffer between the Tarpon Cove PUD and the commercial uses within the Lawmetka PUD. In addition, the proposed master plan depicts a 1.5 acre Tract for an internal access road. The location of this road and its access points on U.S. 41 and Wiggins Pass Road will remain the same as is currently depicted on the approved master plan except that the potential future access to the northwest comer of the site has been eliminated. Lastly, building heights are increased from 35 feet to 50 feet on Tract "A" along the southeast portion of the project. This will unify the maximum building heights that are currently approved at 50 feet in the north and central portions of the PUD. The building heights have been limited to a oB~.~'tlJ~M of 35 feet on Tract "B" that fronts on Wiggins Pass Road near Tarpon Cove. - , - JAN 2 6 999 1 The subject site is located within the Urban Mixed Use Designated Area and the Wiggins Pass Road/US-41 Activity Center as identified on the Future Land Use Map and Element (FLUE) of the GMP. The function of the Activity Center is to provide for a mixture of commercial uses (i.e.: restaurants, gasoline service stations and convenience uses) for the traveling and passer-by public. In 1989, the subject property was designated as an Activity Center on the FLUE, consequently earmarking this property for commercial use. Therefore, this petition is deemed consistent with the criteria set forth in the FLUE of the GMP. In regards to compatibility with adjacent land uses, it should be noted that three other corners of this Activity Center have commercial development. The Southeast Quadrant contains the US-41/Wiggins Pass Road PUD which was approved with similar development standards and the same or more intensive commercial uses (i.e. mini warehousing). In the Northeast Ouadrant there is a convenience store and a strip mall that were developed consistent with the C-4 development standards. Lastly, the Germain PUD located in the Southwest Quadrant was approved for an automobile dealership and repair facility. Staff is of the opinion that the current location of the preserve area is not optimal for the long term viability of the wetland preserve. The layout and design also creates a disjointed land use development pattern. However, the revised Master Plan reconfigures the preserve area to encompass a single 8.5 acre block along the western property line which contains a mix of uplands and wetlands. The environmental staff has indicated that the revised location of the preserve area will better complement the adjacent preserves within the Tarpon Cove PUD. It will also allow for a more unified development pattern for the commercial uses. Given the urban influence impacting this area, the proposed change is timely in that this property is consistent with requirements of the FLUE to the GMP. Since the proposed land uses are similar to the land uses permitted in the C-3/C-4 zoning districts and the existing PUD, this amendment will not change any consistency standard or ..__ relationship with the existing commercial zoned properties. The Traffic Impact Statement review indicates that the site generated trips resulting from the proposed change will not exceed 5 percent of the LOS "C" design volume on US-41 or on Wiggins Pass Road. The site generated trips will not lower the capacity below the adopted LOS "D" standard on any state or county road. The Traffic Circulation Element (TCE) lists US-41 as a 4 lane arterial road. The current traffic count for the segment is 24,364 AADT which results in LOS "A". It should be noted that the adopted standard for this segment is LOS "D". The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on January 7, 1999. By a vote of 8 to 0, they forwarded Petition PUD-89-23 (1) to the Board of County Commissioners with a recommendation of approval subject to staff stipulations including the Transportation Services request that the ingress/egress from Tract "A" onto Wiggins Pass Road be relocated as far west as possible and be subject to their approval. It should be noted that 4 persons spoke during the public hearing to express concerns over the proposed increase in building heights on parcels adjacent to Tarpon Cove. The Planning Commission indicated that this petition does not increase building heights on the tracts adjacent to Tarpon Cove and that the relocated preserve area will increase the buffer between the two projects. Staff has received one letter in support of the proposed amendment and two letters requesting that building heights not be increased on parcels adjacent to Tarpon Cove. Since building heights are not increased adjacent to Tarpon Cove and the CCPC unanimously recommended approval, this petition has therefore been placed on the summary agenda. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. 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 hTipaCtA~i~i~5/_,~M used to fund projects in the Capital Improvement Element needed to maintain adopted level: of sc~vice fer ;"TZ~ public facilities. In the event that impact fee collections are inadequate to maintain adopted le ~els of service, the County must provide supplemental funds from other revenue sources in order to build neede. facjlJ~s.~ 6 1999 2 GROWTH MANAGEMENT IMPACT: The subject site is located within the Urban Designated Area and the US-41/Wiggins Pass Road Activity Center as identified on the Future Land Use Map. The proposed amendment will make it possible to construct any or a combination commercial uses that are consistent with Activity Centers. Since the subject site is designated as a commercial node, it is deemed consistent with the criteria set forth in the Future Land Use Element of 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 LDC requirements will be made applicable to the development of the subject property. PLANNING COI~IMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition PUD-89-23 (1), being an application to rezone certain property from "PUD" to "PUD" subject to the conditions of approval that have been incorporated into the Lawmetka Plaza PUD document and attached in the Ordinance of Adoption and made a part of this executive summary. PREPARED BY: ..5.. f: RAY BELLOWS, PRINCIPAL PLANNER DATE RENT PLANNING SECTION R~2)~A~'Bq~I~(5,~AI'~P, MANAGER DAIE CURRENT PLANNING SECTION "' ....:' / c/z ,,/-~ ~ PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-89-23 ( 1 )/EX SUMMARY/RVB/rb JAN 2 6 1999 3 AGENDA ITEM 7-E MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FRO}I: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: DECEMBER 14, 1998 RE: PETITION NO: PUD-89-23 (1), LAWMETKA PUD AGENT/APPLICANT: Agent: Mr. Robert L. Duane. AICP Hole, Monies and Associates. Inc. ? 15 Tenth Street South P.O. Box 1586 Naples. Florida 34106 Mr. Bruce ,Anderson Young, VanAssenderp & Varnadoe 801 Laurel Oak Drive Naples. Florida 34108 Oxvner: Jim Colosimo. Trustee 4099 Tamiami Trail Suite 305 Naples. Florida 34 t 05 GEOGRAPHIC LOCATION: The subject propert>.' is located on the northwest corner of Wiggins Pass Road (CR-888) and U.S. 41 in Section 16. Township 48 South. Range 25 East. (See iljustration on following page) REQUESTED ACTION: This petition seeks to replace the current Lavffnetka Plaza Planned Unit Development (PUD) with a new PUD. Consequently, this fezone action is from PUD to PUD. PURPOSE/DESCRIPTION OF PROJECT: The subject site is located within the Wiggins Pass/U.S. 41 Activity Center which functions as an area that provides for a mixture of commercial uses for the traveling public. The current Lawmetka Plaza PUD is approved for neighborhood commercial, specialty retail and an office area with tracts designated for each use. The petitioner proposes to develop the subject site with similar land uses which are also permitted in the C-3 and C-4 zoning districts, including some of the conditional uses from both the C-3 and C-4 zoning district. The conditional uses not with the currently approved principal retail use of the property,. Therefore, uses pert] i JAN 2 6 1999 JAN 2~ 1999 Dq,. L~/ revised PUD document are generally similar in character to the uses that are currently approved in the PUD document. The petitioner is also proposing to modify. the Wetland Preserve Area in accordance with the requirements of the South Florida Water Management District (SFWMD). Since the District staff expressed concerns about the long term viability of the wetland preserve which runs through the middle of propert>.', a re-configuration of the preserve area to encompass a single block of preserve acreage that complements the adjacent preserves on the Tarpon Cove property, was encouraged. Lastly, building heights are increased from 35 feet to 50 feet Tract "A" that fronts along of Wiggins Pass Road. This will unify, the maximum building heights that are currently approved at 50 feet in the north and central portions of the PUD. Building heights are limited to a maximum of 35 feet on Tract "B". The proposed master plan also provides a 1.5 acre Tract for the internal road. The location of this road and the access points from U.S. 41 and Wiggins Pass Road will remain the same as is currently depicted on the approved master plan except that the potential future access to the northwest corner of the site has been eliminated. In addition, the master plan provides a 20 foot perimeter landscape buffer. water management facilities, and open space. The buffering standards. setback standards and architectural standards meet or exceed all requirements of the Land Development Code. SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject site is undeveloped and is zoned PUD. Surrounding: North: Partially developed residential that is Zoned: Tarpon Cove PUD East: Developed retail store and vacant commercial land on the northeast and southeast corners of Wiggins Pass Road and U.S. 41: Zoned: C-4 & PUD respectively. South: - Developed automobile dealership; Zoned: PUD and C-4. West - Partially developed residential that is Zoned: Tarpon Cove PUD GROWTH .,MANAGEMENT PLAN CONSISTENCY: The PUD has been distributed to the appropriate jurisdiction review entities for review of the PUD for consistency with the current Growth Management Plan (GMP) and they find the following: Future Land Use Element: The subject site is located within the Urban Mixed Use Designated Area and the Wiggins Pass Road/US-41 Activity. Center as identified on the Future Land Use Map and Element (FLUE) of the GMP. The function of the Activity Center is to provide for a mixture of commercial uses (i.e.: restaurants, gasoline service stations and convenience uses) for the traveling and passer-by public. In 1989, the subject property was designated as an Activity. Center on the FLUE, consequently earmarking this property for commercial use. In addition, the site was zoned PUD in 1990 to allow for commercial retail !and uses and is therefore deemed consistent with the criteria set forth in the FLUE of the GMP. In addition, as pan of the "Sunset" time limit review of the PUD, the BCC adopted Resolution 96-586 which found this PUD consistent with all the applicable elements of the Growth Management Plan. As a result, they granted a two vear extension of the PUD zoning until November 1998. This petition fulfills the requirement for the property, owner to submit an amended PUD or request an additional extension of two (2) years based on the current PUD document. The advantage of the new PUD is that it gives the owner up to five vears to initiate development. JAN 2 6 1999 2 Traffic Circulation Element: The traffic impact review indicates that the difference in site generated trips from the currently approved PUD versus the proposed revision to the PUD Document will not exceed the significance test on Wiggins Pass Road and US-41 within the project's radius of development influence (RDI). In addition, US-41 is currently a 4 lane arterial road fronting the project. The current traffic count for this segment from the Lee County Line to Wiggins Pass Road is 24.364 AADT which results in LOS "A" operation. 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 GMP, Staff has concluded that no level of service standards will be adversely affected by this amendment. 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. HISTORIC/ARCHAEOLOGICAL IMPACT: "" Staffs analysis indicates that the petitioner's propert)' 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 Count>.' Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: 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. The Environmental Advisory. Board (EAB) heard this petition on December 2, 1998. The EWAB has stipulated that the PUD Master Plan be amended to re-title the tract on the western boundary to note that no vegetation be removed to facilitate water management in Tract "D". The Transportation Department has indicated that the access proposed on Wiggins Pass Road be revised to be consistent with the Collier County Access Management Plan. EVALUATION: The purpose of this petition is to amend the Lawmetka Plaza PUD even though the prc cess of rezoning the land from "PUD" to "PUD". The intent of this type of zoning procedure is to JAN 2 6 1999 achieve a level of administrative convenience by avoiding the requirement to track amendments to the original document in order to understand the totalit).' of the regulations as they apply to this PUD zoning district. For this reason staff is of the opinion that the required findings for standard and PUD fezones 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. Nevertheless, 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. Relationship to Existing Land Uses - In regards to compatibility, it should be noted that three other comers of this Activity Center have commercial development. For example. the Southeast Quadrant contains the US-41/Wiggins Pass Road PUD which was approved with similar development standards and the same or more intensive commercial uses (i.e. mini warehousing). In the Northeast Quadrant there is a convenience store and a strip mall that were developed consistent with the C-4 development standards. Lastly, the Germain PUD located in the Southwest Quadrant was approved for an automobile dealership and repair facility. The proposed amendment to the Lawmetka Plaza PUD document and Master Plan provides similar or less intensive land uses. Development regulations. landscaping, screening and buffering are more restrictive than that which is allowed on adjacent commercial development. A comparison of the approved development standards are as follows: LAWMETKA US-41/WIGGINS PLAZA PUD PASS PUD C-4 ZONING GERMAIN PUD Setbacks: Front: 35 Feet 25 Feet 25 Feet 75 Feet Side: 35 Feet 15 Feet 15 Feet 50 Feet Rear: 35 Feet 25 Feet 0 or 5 Feet 100 Feet Height: 35 Feet (Tract B) 35 Feet (Tract E) 100 Feet 50 Feet 50 Feet (Tract A) 50 Feet (Other Tracts) *Buffer: 20 Feet 20 Feet 20 Feet 20 Feet 20 Feet * A Type "D" Landscape Buffer shall be provided adiacent to any road right-of-way external to the development proiect as required in Section 2.4.7.4 of the Land Development Code. On March 27, 1990, the Board of County Commissioners approved Ordinance 90-26 e.,~a_bfiishiny... mme fi~.DA ~T ~ the Lawmetka Plaza PUD which allowed for a neighborhood commercial, specialty cc r~ ~ a hotel/motel and office uses. The petitioner indicates that their original plans provide~ a mix of JAN 2 6 1999 4 xvetland and uplands areas which ran through the middle of the property. The design and location of the preserve area was not optimal for the tong term viability of the wetland preserve and created a disjointed development pattern. The revised Master Plan reconfigures the preserve area to encompass a single 8.5 acre block along the western property. line which contains a mix of uplands and wetlands. This location will better complement the adjacent preserves on the Tarpon Cove property and allows for unified development pattern for the commercial uses. Relationship tO Future Land Uses - A discussion of this relationship, as it applies specifically to Collier Counb"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. The property is located within an Activity Center on the Future Land Use Map. Since this district permits commercial and residential uses, the existing commercial PUD is compatible with the commercial uses to the south and east. Given the urban influence impacting this area, the proposed change ~s timely in that this land is consistent with requirements of the FLUE to the GMP. The proposed land uses are also similar to the uses permitted in the C-3 and C-4 zoning districts. These uses include miscellaneous retail, hotels/motels, family services and group care facilities. This amendment will not change any consistency standard or relationship with the existing commercial zoned properties. 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. Traffic Circulation and Impact - Staff has identified the fact that the change in land use will not have a significant impact on Pine Ridge Road by virtue of the fact that vehicular site generated trips will not exceed 5% of the LOS "C" design capacity. Furthermore, it should be appreciated that all future development is subject to actions which may be taken as a result of application of the Count}"s Concurrency Management provisions. PLrD Development Standards - The are no changes to the currently approved development standards. However. since the original preserve area in the middle of the site has been eliminated in favor of the reconfigured preser,'e area along the western property' line, parcels "A" and "B" have been combined to form a new parcel "A". Therefore, a 50 foot height is proposed throughout the new parcel "A" on the proposed Master Plan. Staff is of the opinion that the additional 15 feet in height for this new' tract will not significantly intensify the commercial use of the site due to the larger preserve area. Because of the Tarpon Cove residential development to the west, building heights will be limited to 35 feet in Tract "B". Lastly, the relocated preserve area increases the separation of any commercial structure from Tarpon Cove. It should be noted that in the Northeast Quadrant of this Activity Center, the maximum building height is 100 feet. Additionally, all development is subject to an architectural theme requirement. PUD Master Plan - The PUD Master Plan has been revised to relocate the central preserve area to the western property line. The original design and location of the preserve area was not optimal for the long term viability of the wetland preserve. It also created a disjointed development pattern while the revised preserve area will better complement the adjacent preserves on the Tarpon Cove Property and allows for unified development pattern for the commercial uses. The main access points off of US-41 and Wiggins Pass Road rernain~ the_ same. As a result, this PUD amendment essentially unifies the internal land use r atidn hips~a~_~_~ el , s JAN 2 6 1999 5 STAFF RECOMMENDATION: Staff recommends that the Collier Count).' Planning Commission forward Petition PUD-989-23 (l) to the Board of County Commissioners with a recommendation for approval subject to the conditions of approval that have been incorporated into the PUD Document. PREPARED BY: /~, ~ IZ'tur. RAY ~gELLOWS. PRINCIPAL PLANNER DATE CURRf~T PLANNING SECTION ,EVI,E, ';ED BY: j* . ~ CURRENT PLA~NNING SECTION ~'C)BERT J. MU'~HERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT VIIq~ENT A. CAUTERO..,iCP. ADMTNISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the January.' 7. 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: ~AIRMAN RVB/rb/STAFF REPORT/PUD-89-23 ( 1 ) JAN 2 6 1999 6 Pr~ ~ PETITION NUMBER " DATE APPLICATION FOR PUBLIC HEARING FOR REZONE AND CONDITIONAL USE REQUESTS PLANNED UNIT DEVELOPMENT REQUESTS COMMUNITY DEVELOPMENT DIVISION CLrRRENT PLANNING t. Name of Applicant(s) Jim Colosimo, Trustee Applicant's~Mailing Address 4099 Tamiami Trail North, Suite 305 City Naples State Florida Zip 34105 Applicant's Telephone Number: Res.: Bus.: (941) 262-3034 Is the applicant the owner of the subject property? Yes No X (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockhoide~s below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) if applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant .is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. (If space is inadequate, attach on separate page. ) Bruce Anderson Young, VanAssenderp & Varnadoe ?- Name of Agent Robert Duane Firm Hole,Montes &Associates 801 Laurel Oak Dr., Ste. 300 Agents Mailing Address 7]5 Tenth St. South Florida 34108 ~ City ~aa~½eess: State Florida Zip 34102 (941) 597-2814 Telephone Number: Res.: Bus.: (941) 262-4617 JAN 2 6 1999 ,. '.' : 1 Pa. 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. tf 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 . .15 TOWNSHIP 48 S 'RANGE 25 E The southeast 1/4 of the northeast 1/4 of Section 16, Township 48 South, Range 25 East 4. Size of property 1273 ft. X 1086 ft. Acres 33.6 5. Address or location of subject property ~Yorthwest corner of Wiggins Pass Road and U.S. 41 6. Existing land elevation _+8 County Flood Criteria Elevation A.E. 11 7. a. Date subject property acquired 5) or leased ( ): day of August , 19 92 Term of lease .yrs./mos. b. If, Petitioner has option to buy, indicate date of option: N.A. and date option terminates: 8. Does property owner own contiguous property to the subject property? If so, give complete legal ~desCription of entire contiguous property. (If space is inadeqdate, attach on separate page). No 9. THIS APPLICATION IS INTENDED TO COVER: (Check which type of petition your are requesting): A. REZONING: PRESENT ZONING PUb REQUESTED ZONING PUb FOR Similar retail uses as permitte'[Fa'fn current PUb. B. CONDITIONAL USE OF ZONING FOR i JAN 2 6 1999 2 , ., F~e ~ i0: REASON WHY APPLICATION SHOULD BE APPROVED (Attach additional A sheets if necessary): See Cover Letter. 11. IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS? Yes X No IF YES, PROVIDE COPY OF THE DEED RESTICTIONS. 12. IS THIS REQUEST A RESULT OF A VIOLATION? No IF SO, TO WHOM WAS THE NOTICE SERVED? !3. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN-WHOSE NAME? No 14. ~E THERE EXISTING STRUCTURES ON THE PROPERTY? No TYPE: CBS , FRA/<E , MOBILE HOME , OTHER AFFIDAVIT We, ~/f~{~ ~- ~O~O~L-~D being first duly sworn, depose and say that I am are the owners of the property described herein and which is the subject matter of the proposed hearingi that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and ms~- a part of this application, are honest and true to the best c :r knowledge and belief. I understand this application must bt _ompleted and accurate Before a hearing can be advertised~ I further permit the undersigned to act as our representative in any matters regarding this Petition. SIGNATURE OF O~ER ~' GNATURE OF OWNER SIGNATURE OF'AGENT State of Florida County of Collier The foregoing Application was acknowledged before me this D day of ~cpi , 199~ by .~7~.~ Ix. C,!t~,Q~.., who is personally_known to me or who has produced ~s identification and who ~ (did not) take an oath. ~ (Signettire of Notary PubIlc) ,~~~""~ (Print Name Of Notary Public) ~.~.~e ~ NOTARY PUBLIC ~0,,,~ Serial/Commission f~ My Commission Expires:,~ '>$ REZONE/CU AppLICATiON/md/7/27/92 DeMetro Realty Co., Inc. Richard B. Armstrong 1991 Modern Marketing & Living Trust Management Inc. -larold M. Becker Harbet Company O.L. Becker Trust ~egent Investment Corp. Anchor Bay Communications Krishna Bhatt Profit Sharing Plan Mma M. Blazic Dr. Roger Bohn and Amy Elroy E. Bourgraf Peterson Bohn 'he Bowen Family Partnership Mary Brett Thomas C. Bruening ~ay CastleoBrinker Frank P. Cleveland Donald D. Coates ~oy A. Cotcamp Richard B. Crosset, Jr. Estate John Davies Trust Agreement, #01-20000 dated December 9, 1994 Quinton J. DeBrosse, M.D. Herkimer Co Tr Co, Custoidan for Barbara R. DeGarmo SD IRA ~/illiam D. DeVaux William Jay Doyle &Joan Marie Doyle, JTWROS )uval Evans Lois M. Evans Zeddie L. Evaq~Zr_uiL__ dtd March 15 'l 199"~~ JAN 2 6 1999 Man Glen Fejes II, U/OH/UGMA Julius Fejes Family Trust William A. Frech ~IAGAC, Inc. Larry Glidersleeve Stanley M. Gleason ~obert Gott & Joan U Gott Charles Gozder Glenn A. Healey Richard L. Jaeger ~erald W. Jardine James D. Jessee Janet K. Knauber lanet K. Knauber Smulekoff Investment Co. F. Paul Logeman &Carol Lou Logeman ~ernd Ludwig Carolyn Mararea Daniel J. Martin }aniei J. Martin William A. Mauch Molly McCarthy ~obert J. McCarthy Tikco Enterprises, Inc. Tom Powell McHenry Michel &company ~.~ Sharing Plan JAN 2 6 1999 -larold G. Michel, Trustee The Harold G. Michel Robert J. Miller -larolcl G Michel Trust Dtd 1- 8-91 1. Bradley Motz PNC BANK, Ohio, NA Trustee Wade R. Nichols &Pamela V. u/a W Bruce Motz dtd Nichols 10/31/90 Acct #70-70-001o 1033634 !dward G. O'Neil Self Directed Thomas W. Osborn III & Janet Terry L. Overby RA K. Osborn WROS :lark A. Oyler Robert D. Scheideler &Louise Raymond Sheakley S. Scheideler !ames R. Stoecklin Self Gary Ventress Jill Ann Ventress Altman ~irected IRA Viiijam W. Ventress Self Patricia A. Wagner Edward N. Wambach ]irected IRA ;herwyn & Ruth Wayne Dorsie R. Whisman or Mary James N. Weghorst & Linda V. Whisman WROS Weghorst /lichael V. Withrow Patrick J. Withrow, M.D. JAN 2, 6 1999 '3~A,NTY DEED ~'.',"'~l.3~,~J THiS WARRANTY DEED, made the.~"'day of 1992, h'/KAFLAW, iNC., hereinafter called the Grantor, to JAMES R. COLCSIMO, TRUSTEE, under unrecorded Land Trust Agreement da~ed June i, 1992 ("the Trust"l, with full power and authority to ~rotect, conserve, sell, lease, encumber or otherwise manage and dispose cf the ~roperty which is the subject of the Trust as provlded in Florida Statutes 689.071, whose FEIN No. is 65-034-~389 and whose post office address is 4099 Tam~a~i Trail~ First Florida Dank Building, S~cOnd FloOr~ Naples, F~orida 33940, hereinafter called the Grantee. WITNESSE~fH That the grantor, for and in consideration of the sum of TEN DOLLA2S and other good and valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains sells, aliens, remises, releases, conveys and confirms unto the cramtee, all that certain land situate in Collier County, Florida, VlZ: (SEE ATTACHED LEGAL DESCRIPTION AS EXHIBIT "A" INCORPO~TED HEREIN AND ~DE A PART HEREOF) Property ID ~ 00154640002 THiS iS NOT THE HOMESTEAD OF THE G~NTOR. T~E~ with all the tenements, hereditaments and appurtenances thereto belonging or in anFise appertaining. TO ~VE ~D ~ HOLD the same in fee simple forever. ~D the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1991, restrictions, reservations and easements of record, and except as outlined cn Schedule "A" hereto. IN WITNESS ~OF, the said grantor has signed and sealed these presents the day and year first above written. Si ed, sealed and delivered ~~ ~~2~ ~PLAW INC. Sicnature ~ ~ JohfKaptyn, President STATE OF FLORIDA ~y~~.'k~ _D.C COUNTY OF COLLIER day , 1992, by [~';ZA~ ~W~Z//J ' ,.,; ?~_j'.Oj,¢.," , Of BPLAW, INC. , a Floriaa -- corporation, on behalf of the corporation. He is ersonally known to me and did not take an oath. ~'pe~', Pri~e~ or Stamp~N~T.%e. . (s~n~ ' ' ' ' JAN 2 6 1999 Certificate No. -'-' ~.+ u~ ~ ,~' . My. Commission Expires ~ EXHIBIT "~__" THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, LYING WEST OF NEW U. S. 41, COLLIER COUNTY, FLORIDA. jAN 2~ 6 1999 Jan-06-99 12:09P lewis 314 458-7571 P.01 Start & Jane Lewis .... ~hx (314)458-7571 Tel...(314) 458-1756 JAN i~ 6 1999 J. A. FED BROTHERS 2419 ONANDAGA DRI'~'E ('OLUMBUS. OHIO 43221 January 4, 1999 Collier County Current Planning Section Develpment Services Building 2800 North Horseshoe Drive Naples, FL 34104 ATTN: Raymond V. Bellows, Principal Planner Dear Mr. Bellows: I own a condominium unit in Tarpon Cove and wish to file a comment on Petition No. PUD-89-23(1). My family and I are totally against increasing the building height to 50 feet in this proposed project. This area of Collier County is becoming too crowded already. Thank you for considering my comments. Very truly yours, JAB:csy JAN 2 6 7999 2 ORDINANCE 99- 3 5 AN ORDINANCE ~MENDING ORDINANCE NUMBER 6 9i-102, THE COLLIER COUNTY LA/qD 7 DEVELOPMENT CODE, W}~ICH INCLUDES THE 8 COMPREHENSIVE ZONING REGULATIONS FOR THE 9 UNINCORPOPJ~TED AREA OF COLLIER COUNTY, 10 FLORIDA, BY AMENDING THE OFFICIAL ZONING iI ATLAS MAP NUMBERED 8516N BY CHANGING THE 12 ZONING CLASSIFICATION OF THE HEREIN 13 DESCRIBED REAL PROPERTY FROM "PUD" TO 14 "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS 15 LAWMETKA PLAZA, FOR PROPERTY LOCATED ON ]6 THE NORTHWEST CORNER OF WIGGINS PASS ROA/D 17 (C.R. 888) AND U.S. 41, iN SECTION 16, 18 TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER ]9 COUNTY, FLORIDA, SDNSiSTING OF 23.6: 20 ACRES; PROVIDING FOR THE REPEAL OF 2] ORDINANCE NI3MBER 90-26, THE FORMER 22 LAWMETE& PLAZA 23 EFFECTIVE DATE. 24 25 26 WHEREAS, Robert Duane cf Hole, Monzes & Associates, inc., 27 representing Jim Colosimo, Trustee, petitioned the Board of County 28 Ccmmlss!oners to change the zoning classification of the herein 29 described real property; 30 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 31 SF COLLIER COUNTY, FLORIDA; 32 cm "~N - 33 The Zcnlng Classlficatzon of ~he herein aescrlbed real Froperry 34 located in Section 16, Township 48 South, Range 25 Eas~, Collier County, 35 Florida, is changed from "P?JD" to "PUD" Planned Unit Development 36 accordance wzth the PL~ Document, attached hereto as Exhibit I'A", which 37 Is zncorporaEed hereln and by reference made part hereof. The Official 38 Zonmng A~las Map numbered 8516N, as described in Ordinance Number 39 91-!02, the Collier County Land Developmen~ Code, is hereby amended 40 accordingly. 41 T . 42 Ordinance Number 90-2~, known as ~he Lawmetka Plaza PUD, adopted on .~ 43 March 27, 1990 by the Board of County Commissioners of Collier County, ~ is hereby repealed in its entirety. JAN 2 6 1999 _45' ..._ i 2 SECTION THREE: 3 This Ordinance shall become effective upon filing with the 4 Eepartment cf State. 5 PASSED AND DULY ADOPTED by the Board of County Commissioners of 6 Collier County, Florida, this day of , 1999. ? 8 ATTEST: BOAgjD OF CO~. COMMISSIONERS 9 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 10 12 ]3 BY: ]4 Chairman t5 16 Apprcved as to Form and J? Legal Sufficiency i8 19 20 2] Mar]orie M. Student 22 Assistant County Attorney 23 24 25 f,'PUD-89~23(1} 26 27 JAN 6 1999 -2- LAWMETKA PLAZA A PLANNED UNIT DEVELOPMENT EYd-IIBIT A Prepared for: JIM COLOSIMO AS TRUSTEE 4099 Tamiami Trail North. Ste. 305 Naples. Florida 34103 Prepared bv: HOLE. MONTES AND ASSOCIATES, INC. 715 Tenth Street South Naples. Florida 34102 And YOUNG, VANASSENDERP AND VARNADOE 801 Laurel Oak Drive. Ste. 300 Naples. Florida 34108 October. 1998 HMA File No. 98.112 Date Reviewed by CCPC: [ Date Approved by BCC: [ Ordinance No. ~ J~N 2 6 ]999 ,Amendments & Repeals TABLE OF CONTENTS Page SECTION I - Statement of Compliance ...................................................................................................1 SECT/ON II - ProperrS,' Ownership. Legal Description Short Title and Statement of Unified Control ...2 SECTION III- Statement of Intent and Project Description ....................................................................3 SECTION IV - General Development Regulations ..................................................................................4 SECTION V - Permitted Uses and Dimensional Standards for Tracts A and B ......................................8 SECTION VI - Permitted Uses and Dimensional Standards for Tract C ..............................................11 SECTION VII- Environmental Standards ..............................................................................................13 SECTION VIII- Transportation Requirements .......................................................................................14 SECTION IX - Utility and Engineering Requirements ..........................................................................15 SECTION X - Water Management Requirements ..................................................................................17 EXHIBITS Exhibit A - PUD Master Plan Exhibit B - Legal Description JAN 2 6 1999 SECTION I Statement of Compliance The development of approximately thirty-four (34) acres of property in Collier County. as a Planned Unit Development. to be known as Lawrnetka Plaza. will be in compliance with the goals. objectives and policies of Collier County. as set forth in the Growth Management Plan. The commercial uses of kawmetka Plaza will be consistent with growth policies, land development regulations. and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject propera.' is located in an area identified as an Activity. Center on the Future Land Use Map of the Collier County Growth Management Plan. 2. Activitv Centers are the preferred locations for the concentration of commercial and mixed use development activities. 3. The subject tract is located on the northwest comer of the intersection of U.S. 41 and Wiggins Pass Road. This strategic location allows the site superior access for the placement of commercial activities. 4. The project shall be in compliance with all applicable Counw regulations including the Growth Management Plan. 5. The project will be served by a complete range of services and utilities as approved by the Count,,,'. 6. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 7. The project development will result in an efficient and economical extension of communitv facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. 8. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required bv Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 9. All final Local Development Orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. JAN 2 6 1999 SECTION II Propert2,.' Ownership. Legal Description Short Title and Statement of Unified Control 2.1 Propera' Ownership The subject propert.',' is currently under the ownership of a land trust of which Jim Colosimo is Trustee. 2.2 Legal Description All that pan of the southeast 1/~ of the northeast '/~ of Section 16, Township 48 South, Range 25 East. Collier CounD', Florida. _..~ General Description of Property The subject propert>' is located on the northwest comer of Wiggins Pass Road and U.S. 41. The zoning of the subject propert).' prior to the application of rezoning is PUD. Physical Description The site is generally flat and naturally drains to the east and west. Access to the property will be via four entrances. two on U.S. 41 and two from Wiggins Pass Road. A wetland Preserve Area. comprising 8.5 acres. is located along the western portion of the propert3'. The flood elevation of the subject property. is A.E. 11. Short Title This ordinance shall be known and cited as the "Lawmetka Plaza Planned Unit Development Ordinance". 2.4 Statement of Unified Control This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD Zoning on the subject property.. Development of this Planned Unit Development will occur in accordance with the Planned Unit Development regulations contained herein and any conditions approved with the Rezone Petition as described and agreed to within the PUD Ordinance. JAN ~, 6 ~999 SECTION III Statement of Intent and Project Description 3.1 Introduction It is the intent of this ordinance is to establish a Planned Unit Development meeting the requirements as set forth in the Collier County. Land Development Code (LDC) that will permit approximately thirt3'-/bur (34) acres of retail, office, hotel/motel use, including 8.5 acres of Preservation Area for the subject property.. The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planrang principles and practices. and to implement the Collier County, Growth Management Plan. 3.2 Proiect Description It is the intent of this project to create an integrated commercial development with a compatible mixture of commercial land uses and open spaces. The developer. who has unified control over the subject propert3.', intends to commence development of a mixed use activity center Planned Unit Development (PUD). It is the intent of the developer to develop architecturalIv unified commercial establishments based on the concept of arrangement and unified management control. The unified development approval under the PUD district designation will ensure that the shopping center is aesthetically pleasing and functionalIv efficient. It will allow an efficient pattern of internal circulation to be established and limited points of vehicular ingress and egress. These functional and aesthetic advantages. which cannot be provided in the conventional strip commercial development configurations. have been maximized and shall be sustained in the approval of this Planned Unit Development. 3.3 Land Use Plan and Project Phasing, A. The PUD Master Plan contains a total of three (3) tracts consisting of development areas A. B. and C and one Tract D consisting of an upland and wetland Preserve Area in addition to street right-of-way. The Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More detailed plans will be submitted at the time of site development plan and permining approval, based on compliance with all applicable require~nents of this ordinance, the LDC and Local, State and Federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. --- B. The anticipated time of build-out of the project is approximately five (5) years from the time of issuance of the first building permit. JAN 2 6 1999 SECTION IV General Development Regulations The purpose of this Section is to set forth the development regulations that mav be applied generally to the development of the Lawrnetka Plaza 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 Lawmetka Plaza PUD shall be in accordance with the contents of this document. the PUD-Planned Unit Development District and other applicable sections and pans of the Collier County Land Development Code {LDC) and Growth Management Plan in effect at the time of issuance of anv development order to which said regulations relate which authorize the construction of improvements. The developer, his successor or assignee. agree to follow the PUD Master Plan and the regulations of this PUD as adopted and anv 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. B. Unless otherwise noted. the definitions of all terms shall be the same as the definitions set tbnh 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 Lawmetka Plaza PUD shall become part of the regulations which govern the manner in which this site may be developed. D. Development permitted by the approval of This petition will be subject to a concurrency review under the provisions of Div. 3.15 Adequate Public Facilities of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. E. 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. 4.2 Site Clearing and Drainage work shall be performed i Clearing, grading, earthwork. and site drainage with the Collier County LDC and the standards and commitments of this ocume~t in JAN 2 6 1999 effect at the time of construction plan approval. 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. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. 4.4 ,~anendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this ordinance. :xanendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3 ~5 of the Collier Count',' LDC in effect at the time such amendment may be requested. 4.5 Prqiect Plan Approval Requirements -"'-- Exhibit "A". the PUD Master Plan. constitutes the required PUD Development Plan. Subsequent to. or concurrent with PUD approval. a Preliminary Subdivision Plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division 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 the recording of the final subdivision plat, when required bv the Subdivision Regulations set Ibrth 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. where applicable. Should no subdivision of land occur. Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4.6 Provision for Off-site Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site. there_j~ at. ~umlus of earthen material. off-site disposal is also hereby permitted subject to th, follo~~ conditions: JAN 2 6 1999 A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby off-site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20.000 cubic yards. B. A timetable to facilitate said removal shall be submitted to the Development Services' Manager for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 4.7 Sunset and Monitoring Provisions Lawmetka Plaza 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. 4.8 Polling Places Anv community recreatiowpublic building/public room or similar common facility located within the Lawmetka Plaza PUD may be used for a polling place, if determined necessary, by the Board of County Commissioners upon recommendation of the Supervisor of Elections in accordance with Section 2.6.30 of the LDC. 4.9 Native Vegetation The project will meet the native vegetation requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property.. 4.10 Open Space Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Sec. 2.6.32.3 of the LDC, which requires a minimum of thirty (30) percent for commercial developments. A majority of the open space area for the project is provided in the 8.5 acre Preserve Area. parcel D. 4.11 Archaeological Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event that they are contained on the property. 4.12 Common Area Maintenance N~,J,7~ Zties, open Common Area Maintenance, including the maintenance of common facil ~~ ~~ 3 °6° -- spaces. and water management fiacitities shall be the responsibilit2:' of a homeowners' association to be established bv the developer. 4.13 Architectural and Site Design Standards All development within Lawmetka Plaza shall be subject to Division 2.8 of the LDC and architectural considerations shall be unified for each tract including building design. landscaping, and signage. The development of the first tract will set the standards for other development areas. unless architectural guidelines are established in advance of development of the first tract in the form of deed restrictions or other measures acceptable to Collier County. 4.14 Signs All signage shall be in conformance with Division 2.5 of the LDC: however. platted interior tracts are permitted two i2) ground signs at the tract entrance. not to exceed a total of one hundred and twenty (120) feet at each tract entrance. 4.15 Parkin~ All development shall be subject to Division 2.3 of the LDC Off-Street Parking and Loading. 4.16 Landscaping All landscaping shall be in conlbrmance with Division 2.4 of the LDC. 4.17 Utility ,Areas Utility areas. including trash receptacles. shall be completely screened from the view of customers and adjacent properrS.' owners to a height of 6 feet above finished grade. JAN 2 6 1999 SECTION V Permitted Uses and Dimensional Standards for Tracts A and B 5.1 Purpose The purpose of this Section is to identi~' permitted uses and development standards for Tracts A and B within the Lawrnetka Plaza PUD designated for commercial development on the PUD Master Plan, Exhibit "A". 5.2 Development Intensity 1. A maximum of two hundred-thirty thousand (230.000) square feet of floor area is allowed for permitted retail and office uses on LawTnetka Plaza's parcel A and B or subdivisions. thereof A maximum of forty (40,000) square Ibet of retail or office use is pertained on parcel C. (See also Section VI of this Ordinance.) 2. Hotel/motel uses may be developed at twenD'-six (26) dwelling units per acre on Tract A and/or C and may include all or a portion of the Preservation Area on parcel D, adjacent to Tracts A and C in calculating the number of hotel/motel units permitted. 5.3 General Description The PUD Master Plan designates the following uses for each tract designated on the PUD Master Plan. TRACT ACRES HEIGHT USE A 16.4 50 Retail. Office. Hotel/Motel B 2.7 35 Retail or Office C 4.9 50 Hotel/Motel or Retail or Office' D 8.5 N.A. Preservation Area ROAD 1.5 N.A. Road TOTAL 34 *Other uses are also permitted on Tract C. (See Section VI of this Ordinance.) The approximate acreage of commercial tracts is depicted on the PUD Ma~' ter PlY5Nx~d~'~I/7~ acreage of all development tracts will be provided at the time of Site Dew :lopment Plan or JAN 2 6 1999 Preliminan' Subdivision Plat approvals in accordance with Article 3. Division 3.3. and Division 3.2. respectively, of the Collier County Land Development Code. All tracts are designed to accommodate internal roadways, open spaces. water management facilities. and other similar uses to support non-residential development of the subject property. 5.4 Permitted Principal Uses and Structures No building or structure. or pan thereof, shall be erected. altered or used. or land used. in whole or part. for other than the following: A. Permitted commercial and conditional uses allowed in the C-3, Commercial Intermediate Disnick as of the effective date of adoption of this Ordinance. excluding Homeless Shelters and Soup Kitchens. B. Permitted commercial and conditional uses in the C-4. General Commercial District with the exception of the ibllowing uses: Bottle Clubs: Fuel Dealers (groups 5983 - 5989); Automotive repair services, parking (groups 7514. 7515. 7521 ); Arnusement and recreational services: outdoor (groups 7948. 7992. 7996, 7949); Homeless Shelters. Soup Kitchens. Justice. Public Order and Safety (groups 9222-9224). Communication Towers above specified height. subject to section 2.6.3.5 of the LDC. 5.5 Permitted A. ccessorv Uses and Structures No building or structure. or pan thereof, shall be erected. altered or used. on land. in whole or part. for other than the following: A. Accesson,' uses and structures customarily associated with the above permitted commercial principal uses and structures. 5.6 Dimensional Requirements Minimum Lot Area Twenty thousand (20,000) square feet B. Minimum Lot Width One hundred (100) square feet JAN 2 6 1999 Pc. '--~o/' .. C. Minimum Yard Requirements 1. From Project Perimeter boundarv lines - thirty-five (35) feet. From internal tract boundaO,' lines - twenty. (20) feet. 2. Distance between principal structures shall be a minimum of twenty-five (25) feet or one-half (1/2) the sum of the heights of the two buildings, whichever is greater. D. Minimum Floor Area of Principal Structure 1000 square feet per building on the ground floor except that fleestanding specialty, structures of nationally recognized standard size less than 1000 square feet shall be permitted when site plan approval has been received. E. Maximum Height Fifi).' (50) feet above finished grade for Tract A and thirty-five {35) feet above finished grade for Tract B. F. Minimum Off-Street Parking and Off-Street Loading Requirements As required by Division 2.3 of the LDC. G. Minimum Landscaping Requirements As required by Division 2.4 of the LDC. H. Merchandise Storage and Display Unless specifically permitted by certain uses. there shall be no outside storage or display of merchandise. I. Lighting Lighting facilities shall be arranged in a manner that will protect roadways and neighboring properties from direct light. J. Hotel/Motel Use Should hotel/motel uses develop on Tract A, such uses shall be subject to the requirements of Section 5.2, Development Intensity, of this Ordinance and the requirements of Section VI. JAN 2 6 1999 - 10- Po.__,~~ SECTION VI Permitted Uses and Dimensional Requirements for Tract C 6.0 PURPOSE The purpose of this Section is to set forth the permitted uses and land development regulations for Tract C designated on the PUD Master Plan. along with other permitted uses. 6.1 USES PERMITTED 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. Principal Uses: 1. Hotel " Motel 3. Homes for the Aged 4. Hospices "' 5. Adult/child care centers 6. Con`"alescent centers 7. Nursing Homes 8. Rest homes 9. Sanitariums 10. Adult Congregate Living Facility I 1. Retail or office use as permitted b`" Section 5.4.* 12. :~m`', other use which is comparable in nature with the foregoing uses and which the director determines to be compatible in the District. *A maximum floor area of fort'. (40) thousand square feet is allocated to this parcel. if it does not develop with hotel/motel uses. and development intensity may be shifted between parcels. In the event that Tract C develops with a mix of motel and retail or office uses, 4.8 motel units can be converted for each 1,000 square feet of retail or office area. B. Permined Accessory Uses and Structures 1. Accesson, uses and structures customarily associated with the uses permitted in this District. JAN 2 6 1999 DIMENSIONAL REQUIREMENTS A. Minimum Lot Area One ( 1 ) acre B. Minimum Lot Width One hundred (100} Ibet C. Minimum Yard Requirements 1. From Project Perimeter boundaD.' lines - ttxim,.'-five (35'1 feet. From internal tract boundan' lines - twenw (20) feet. 2. Distance between principal structures shall be a minimum of twenty-five t25~ feet or one-half the sum of the heights of the tv~'o buildings, whichever is greater. D. Maximum Height Fifty (50) feet above the finished grade, E. Minimum Off Street Parking and Off-Street Loading Requirements As required by Division 2.3 of the LDC. F. Minimum Landscaping Requirements A.s required by Division 2.4 of the LDC. G. Lighting Lighting facilities shall be arranged in manner which will protect roadways and neighboring properties from direct light. ~ JAN 2 6 1999 - i SECTION VII Environmental Standards The purpose of this Section is to set Ibnh the environmental commitments of the Project Developer. 7.1 .An 8.4 acre upland and wetland Preser,'e Area is located along the western portion of the subject property and is pertained to be used for open space and passive recreational use only, All preservation 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 3.2.8.4.7.3 CCLDC. 7.2 .-X Gopher Tortoise retocafion plan shall be submitted to Current Planning Environmental Staff for reviexv and approval prior to final site plan/construction plan approval. The approved language shall be added to the site development plan or construction plans. Off-site relocation may be required if the applicant cannot provide adequate habitat on-site relocadon. ""' 7.3 Petitioner shall be subject to the Collier CounW Growth Management Plan Policy 12.1.3 contained in the Conservation and Coastal Management Element (discover3' of a archaeological or historical site. artifact or other indicator of preservation). 7.4 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 Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier Count3.' jurisdictional wetlands. 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 fi'om 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 Current Planning Environmental Staff. 7.5 Native vegetation preservation shall conform to the requirements of Section 3.9.5.5.4 of the Collier County LDC and the Preserve Areas, shall be generally provided for as depicted on the PUD Master Plan, E,'chibit A. 7.6 An exotic vegetation removal. monitonng and maintenance (exotic free) plan for the site. .... with emphasis on the preservation area. shall be submitted to the Current Planning Environmental Review staff for review and approval prior to Final Site Plan/Construction Approval. A schedule for exotic removal with all Preservation Areas sha{f be sa~13~eta&M with the above mentioned plan. 7773" JAN 6 1999 7.7 Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Sen'ice (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 these protected species shall be submitted to Current Planning Environmental Staff for review' and approval prior to Final Site Plan/Construction Approval. SECTION VIII Transportation Requirements The purpose of this Section is to set Ibnh the transportation commitments of the project development. 8.1 Subject to Florida Department of Transportation approval. the developer shall provide left and right turn lanes on Tamiami Trail at both project entrances. Should any of the required turn lanes be constructed due to other development activity in the area prior to completion of this project. the developer shall provide a fair share reimbursement of the cost of such construction. The Florida Department of Transportation and Collier County each reserve the right to control median openings. both existing and future. and to limit access points to right turns in and right turns out. 8.2 The developer shall provide left and right turn lanes on Wiggins Pass Road at the project's two entrances. 8.3 All road access points requiring mrn lanes and use of existing righbof-way shall provide tbr compensating right-of way dedication. 8.4 Existing drainage easements. t~ture drainage easements. and planned preser3,'e areas shall remain available to Collier County and Florida Department of Transportation for future roadway water management purposes subject to appropriate capacity controls and operating controls. The responsibility for maintenance of such areas shall remain with the developer'owner and/or assignees. 8.5 The northern access on Tamiami Trail shall be in alignment with Old U.S. 41 (CR 887). The developer shall be responsible Ibr any and all costs incurred in modif1:'ing the traffic signal installation at Old U.S. 41 so as to accommodate the project. 8.6 The road impact fees shall be in accordance with the fee structure set forth in Ordinance 92-22 or as may be amended and shall be paid at the time building pegits are issued unless otherwise approved by the Board of County Commissioners. 8.7 All required access improvements shall be in place before any certificates of occupancy are issued and shall not be subject to impact fee credits. 8.8 All traffic control devices used shall conform to requirements of the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747. Florida Statutes. 8.9 The determination as the whether roadways internal to the project are public or private is at the discretion of the county. N / JAN 2 6 1999 SECTION IX Utility and Engineering Requirements The purpose of this Section is to set Ibrth the utilities and engineering commitments of the project developer. 9.1 Utilities A. Water distribution. sewage collection and transmission and interim water and/or sewage treatment/hcilities 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. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed bv the County in accordance with the Countv's established rates. Should the Count',' not be in a position to provide sewer sen;ice to the project. the sewer customers shall be customers of the interim utilit'`' established to serve the project until the County's off- site sewer facilities are available to serve the project. C. Prior to approval of construction documents by the County, the developer must present verification. pursuant to Chapter 367. Florida Statutes. that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities. D. The utility construction documents for the project's sewerage system shall contain the design and construction of an onsite force main. which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage, when connection to the County's central sewer facilities becomes available. E. Prior to or at the time of submission of construction plans and final plat for the project. the potable water supply from the Collier County Water-Sewer District to serve this project shall be installed adjacent to the property. and be in service. 9.2 Engineering A. Detailed paving, grading, site drainage and utility plans shall be submit-ted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans shall-he_____ d AGEND ITEM submitted to the and until approval of the proposed construction. in acc >r an.e ~ the submitted plans, is granted by the Development Services Departreel ct. JAN ,g 6 ~999 B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. C. Subdivision of the site shall require platting in accordance with Section 3.2 of LDC to define the right-of-way and tracts shown on the PUD Master Plan. D. The developer and all subsequent owners of this project 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 Prelimina. rv Subdivision Plats, Site Development Plans and any other applications that will result in the issuance of a final development order. JAN 2 6 1999 -17- SECTION X Water Management Requirements The purpose of this Section is to set forth the water management commitments of the project developer. 10.1 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. 10.2 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side. rear or abutting property lines with side. rear or abutting property lines fenced. i 0.3 Landscaping may be placed within the water management area in compliance with the criteria established within Section 2.4.7.3 of the LDC. 10.4 The wet season water table elevation shall be established at the time of South Florida Water Management District permitting, which is required for the subject property. 10.5 One half(I/2) inch of dry pretreatment shall precede the discharge of any water into the preservation area or whatever altemate conditions may be incorporated into the South Florida Water Management District permitting requirements. 10.6 The stormwater system shall be reviewed and approved by Collier County Public Works Engineering (PWED) in order to verify its consistency with the Wiggins Pass outfall project now being designed bv PWED. EXHIBIT B LEGAL DESCRIPTION All that part of the southeast ¼ of the northeast ¼ of Section 16. Township 48 South. Range 25 East. Collier County., Florida. JAN 2 6 1999 View of the southeast corner of the Lawmetka Plaza PUD site. View of a convenience store in the northeast corner of Wiggins Pass Road & ~S-41~a~_,2~ J/~N 2 6 1999 ? EXECUTIVE SUMMARY PETITION NO. R-98-7, WILLIAM L. HOOVER, AICP, OF HOOVER PLANNING, REPRRESENTING MARPET INVESTMENT, INC., REQUESTING A REZONE FROM RSF- 3 TO C-4 FOR PROPERTY LOCATED ON THE EAST SIDE OF S.R. 95 1 APPROXIMATELY 700 FEET SOUTH OF U.S. 41 IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 1.43 +/- ACRES. OBJECTIVE: The petitioner seeks to rezone the subject property from "RSF-3" Residential Single Family, three (3) dwelling units per acre to "C-4" General Commercial, in order to develop a small commercial shopping center. CONSIDERATIONS: A commercial shopping center is not permitted as a use within the current RSF-3 zoning district. One way to achieve this is to rezone the subject property to a district that will allow the intended land use. The site is 1.43 acres in size and is located within the current boundaries of the activity center surrounding the intersection ofU. S. 41 and S.R. 951. However, the activity center boundaries are proposed to change upon the adoption of a Settlement Agreement between the State Department of Community Affairs (DCA) and Collier County. This change in boundary will exclude the subject property from the activity center. PROS/CONS: Pros A rezoning of the subject property to a C-4 zoning district is compatible with its surrounding environs because the U.S. 41/S.R. 951 intersection is largely either developed with similar type of commercial uses, zoned to allow commercial uses, or eligible to be rezoned to allow commercial type of land uses. Adjacent property to the north, although zoned for residential use, is developed with a public facility type of land use( switching station/pump station). A Cirele-K convenience store is located at the southeast comer of the intersection of U.S. 41 and S.R. 951. Properties to the north of the subject site will remain in the proposed activity center boundaries should the settlement agreement pursuant to the EAR-based amendments be adopted. The property to the east is vacant, zoned Agricultural, is located within the current activity center boundaries, and will remgin within the proposed activity center boundaries. The property immediately abutting the subject site to the south is located within the current activity center boundaries and is presently under staff review for a rezoning to General Commercial, C-4. Cons Some people may find any form of non-residential land use in this area as offensive and adversely influencing their perception of neighborhood conditions. Should the pending settlement agreement between the DCA and the County be adopted, the subject property's Future Land Use designation would no longer be consistent with required future land use designation as an activity center, as required for a rezoning to C-4. ~.~..~.:~,~_ - Pg. FISCAL IMPACT: This rezoning by and of itself will have no fiscal impact on the County. However, if this rezoning is approved, the land could be further developed. New development will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset 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. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. The site lies within the boundaries of the currently adopted activity center surrounding the intersection of S.R. 951 and U.S. 41. The Activity Center Mixed Use district advises those types of uses permitted shall be related to commercial, residential and open space. Regarding other applicable elements of the GMP, staff is of the opinion that a rezoning action from RSF-3 to C-4 would not change any level of service relationship in a negative manner. The effect of this rezoning will be to develop the site for a commercial land use. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element - This rezoning petition to C-4 is consistent with the currently adopted boundaries of the activity center surrounding this intersection. However, as part of the Evaluation and Appraisal Report (EAR) based amendments to the County's Growth Management Plan, the boundaries of this activity center, upon adoption of a settlement agreement by the Board, are proposed to change. The proposed amendment to the activity center boundaries for this intersection indicate that the proposed activity center boundary will abut the subject property along its northern property line, excluding the subject site. Regardless, the subject petition is presently consistent with the locational criteria for commercial zoning as it is presently adopted on the Future Land Use Map to the Future Land Use Element of the County's Management Plan. Regarding other applicable elements of the GMP, staff is of the opinion that a rezoning action from RSF-3 to C-4 would not change any level of service relationship in a negative manner, or impact the Growth Management Plan in any other way. Compatibili_ty - A rezoning of the subject property to a C-4 zoning district is compatible with its surrounding environs because the U.S. 41/S.R. 951 intersection is largely either developed with similar type of commercial uses, zoned to allow commercial uses, or eligible to be rezoned to allow commercial type of land uses. The subject site to the north, although presently zoned RSF- 3 is developed with a public use/facility type of land use as a switching station, then a pump station. A Circle K convenience store is located at the southeast comer of the intersection of U.S. 41 and S.R. 951. Properties to the north of the subject site will remain in the proposed activity center boundaries should the settlement agreement pertaining to the EAR-based amendments be adopted. The property to the east is vacant, zoned Agricultural, is located within the current activity center boundaries, and will remain within the proposed activity center boundaries. The property immediately abutting the subject site to the south is located within the current activity center boundaries and is presently under staff review for a rezoning to General Comm ~rcial ASEuD^ C-4. e~o. JAN :~ 6 ~999 property immediately abutting the subject site to the south is located within the current activity center boundaries and is presently under staff review for a rezoning to General Commercial, C-4. Timing - The requested rezoning is timely in its application. The surrounding commercially zoned properties at this intersection are presently developed and water and sewer service is available to serve the site. Traffic - The ITE Trip Generation manual indicates that the proposed commercial facility will generate 686 trips per day. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on C.R. 951 or on U.S. 41. In addition, the project will not lower the level of service below any adopted LOS "D" standard on any County road within the project's radius of development influence (RDI). The Traffic Circulation Element (TCE) lists this segment of S .R. 951 as a 4-lane road. The current traffic count for this road is 27,326 ADT which results in LOS "B" operation. It should be noted that this road segment is not projected to be deficient within the next five years. Therefore, the project is consistent with Policy's 1.3, 1.4, 5.1 and 5.2 of the TCE. Infrastructure- Municipal water and sewer services are available to serve the site. Storm water will be designed to code requirements as a function of the site development plan approval process. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner' s property is located outside an area of Historical and Archaeological Probability as designated on the official Collier County Probability Map. Therefore, no survey and assessment is required. However, 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. PLANNING COMMISSION RECOMMENDATION: At the January 7, 1999 meeting of the Collier County Planning Commission the Commission voted unanimously to recommend approval of Petition R-98-7 to the Board of County Commissioners with the following stipulations: 1. Development of the site shall incorporate a recorded access easement which provides an access road running north and south and an interconnect to the property abutting the site to the north and south and shall facilitate interconnectivity between the subject site and the property abutting the site to the north and south. Cost of providing the interconnects shall be a fair share proportional cost between property owners of each site. 2. Development of the site shall incorporate a recorded access easement which provides an access road running east and west and an interconnect to the property abutting the site to the northeast and shall facilitate interconnectivity between the subject site and the property abutting the site to the northeast. Cost of providing the interconnect shall be a fair proportional cost between property owners of both sites. JAN :~ 6 1999 Pursuant to the 2nd stipulation, the petitioner presented staff and the Commission with a proposed site plan showing an east-west interconnect, shared with the property to the south. Staff advised the Planning Commission that the proposed interconnect will sufficiently meet the intent of the 2nd stipulation to which the Board agreed. 3. The Board of County Commissioners should reconsider the boundaries of the Activity Center at this intersection in order that they may be inclusive of the subject property. Pursuant to the 3rd stipulation, staff advised the Planning Commission that an amendment to the Activity Center boundaries could occur through the remedial amendment process which may occur after the adoption of the Settlement Agreement with the DCA. PREPARED BY: .. r , "" ' '~-4 I. . ,~, / -t / - <,, c/ ./S'Gii;AN ~V, AICP -/ DATE CHIEF PLANNER IE Y: R NALD F. , AICP DATE CURRENT PLANNING MANAGER ,,,-/--- BE'R DATE R"O T J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APP OVED BY: NT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Tentatively scheduled for the January 26, 1999 Board of County Commissioner's meeting. JAN 2 6 1999 AGENDA ITEM 7-D MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: DECEMBER 10, 1998 RE: PETITION NO: R-98-7, Marpet Investment, Inc. OWNER/AGENT: Owner: Marpet Investment, Inc. c/o Douglas Hulme 9853 Tamiami Trial N., Suite 227B Naples, FL 34108 Agent: William L. Hoover, AICP Hoover Planning 3785 Airport Road N., Suite B --- Naples, FL 34105 And Richard Yovanovich Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 REQUESTED ACTION: This petition seeks to rezone the subject property from "RSF-3" Residential Single Family, three (3) dwelling units per acre to "C-4" General Commercial, in order to develop a small commercial center with primarily commercial retail land uses. GEOGRAPHIC LOCATION: The subject site is located on the east side of S.R. 951, approximately 700 feet south of its intersection with U.S. 41. The site is presently vacant, and is located in Section 3, Township 51 South, Range 26 East. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is desirous of developing a small commercial center consisting of most!y commercial retail land uses. A commercial center is not permitted as a use within the cur~~ RSF-3 zoning district. One way to achieve this is to rezone the subject property to idistrict JAN 2 6 1999 1 261! which will allow the intended land use. However, it should be noted that when a standard zoning district is approved the action results in all of the uses of that district being allowed and not simply the targeted retail uses unless otherwise restricted by the rezoning action. SURROUNDING LAND USE AND ZONING: Existing: The subject 1.43 acre site is currently vacant. It has 240 feet of frontage on S.R. 951 and is 230 feet deep. Surrounding: North: The property to the noah is zoned RSF-3, residential single family and is currently developed with a pump station. South: The properly to the south is zoned for RSF-3, residential single family and is currently vacant. It is presently under consideration for a rezoning to C-4. East: The property to the east is zoned Agricultural, and is presently vacant. West: The property to the east, across S.R. 951 is zoned C-4 and PUD, Eagle Creek. The property is developed with commercial uses associated with the Shops at Eagle Creek. GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located within the Urban Mixed Use Activity Center designated area on the Future Land Use Map, located at the intersection of U.S. 41 and S.R. 951. A description of the meaning of the Urban Mixed Use Activity Center district in the FLUE advises that types of uses shall be related to commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized pattems of commercial development and to create focal points xvithin the community. It should be noted that this rezoning petition to C-4 is consistent with the currently adopted boundaries of the activity center surrounding this intersection. However, as part of the Evaluation and Appraisal Report (EAR) based amendments to the County's Growth Management Plan, the boundaries of this activity center, upon adoption by the Board, are proposed to change. The proposed amendment to the Activity Center boundaries for this intersection, as transmitted to the State Department of Community Affairs (DCA), indicate that the proposed activity center boundary will abut the subject property along its northern property line, excluding the subject site (see attached map). With respect to the revised Activity Center boundaries transmitted to the DCA as part of the EAR Growth Management amendments, staff recommends that should the CCPC forward this petition to the Board of County Commissioners with a recommendation for approval, that the CCPC also recommend to the BCC that the boarders of this activity center be re-reviewed as part of the Board' s adoption hearings on the EAR-based amendments. These amendments were transmitted to the DCA approximately one (1) year ago. The amendments were structured such that each element was set forth in a separate ordinance which could be approved independently by the DCA. Nevertheless, although the DCA offered no objections to the Future Land Use Element, they have held up their approval ~'a~,'~,~.. element pending resolution of various issues in the Conservation and Coastal Man agem~nt- Element. Staff has been attempting to resolve these outstanding issues over the pa;t si~) 2 months, however, it is not likely that a resolution to the outstanding issues will occur until late April or May of 1999. Regardless, the subject petition is presently consistent with the locational criteria for commercial zoning as it is presently adopted on the Future Land Use Map to the Future Land Use Element of the County's Management Plan. Regarding other applicable elements of the GMP, staff is of the opinion that a rezoning action from RSF-3 to C-4 would not change any level of service relationship in a negative manner. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historic/archaeological probability as designated on the official Collier County Probability Map. 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. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the ,_, Community Development environmental and engineering staff, and the Transportation Services Division staff. This petition was administratively reviewed on behalf of the EAB and staff recommended approval with conditions as presented in the attached ordinance for adoption. ANALYSIS: 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 petitioner'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. The most important facet of the rezoning is that it constitutes a legislative statement that authorized the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. 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 <~bjecti;($tND i ~ comprehensive overview of the impacts of the proposed land use change, be they F ositiv~.or ~.-~ negative, culminating in a staff recommendation based on that comprehensive ove~ view. The JfiN 2 6 1999 3 listed criteria are specifically noted in Section 2.7.3.2.5. of the Land Development Code thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified by the Board of County Commissioners. 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 Land Development Code provides for a zoning district(s) within the Urban Mixed Use Activity Center land use designation which permit uses characterized as commercial, such as retail shopping centers which are generally located within commercial nodes at intersections of major roadways. In the opinion of staff, an action to fezone the property to C-4 for commercial land uses meet the criteria for serving the community at large is consistent with the FLUE. It is not sufficient that a petition only need to show consistency with the GMP in order to justify a rezoning action. Other factors are equally important and include the following: Compatibility - Staff is of the opinion that a rezoning of the subject property to a C-4 zoning district is compatible with its surrounding environs because the U.S. 41/S.R. 951 intersection is largely either developed with similar type of commercial uses, zoned to allow commercial uses, or eligible to be rezoned to allow commercial type of land uses. The subject site to the north, although presently zoned RSF-3 is developed with a public use/facility type of land use as a switching station. Adjacent property to the north is developed with a pump station. A Circle K convenience store is located at the southeast comer of the intersection of U.S. 41 and S.R. 951. Properties to the north of the subject site will remain in the proposed activity center boundaries should the EAR-based amendments be adopted. The property to the east is, vacant, zoned Agricultural, is located within the current activity center boundaries, and will remain within the proposed activity center boundaries. The property immediately abutting the subject site to the south is located within the current activity center boundaries and is presently under staff review for a rezoning to General Commercial, C-4. Timing - There are no issues of timing inasmuch as the land is ripe for development as well as all of the surrounding environment which is serviced with an optimum level of community infrastructure. Traffic - The ITE Trip Generation manual indicates that the proposed commercial facility will generate 686 trips per day. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on C.R. 951 or on U.S. 41. In addition, the project will not lower the level of service below any adopted LOS "D" standard on any County road within the project's radius of development influence (RDI). JAN 2~ 6 1999 4 The Traffic Circulation Element (TCE) lists this segment of SR-951 as a 4-lane road. The current traffic count for this road is 27,326 ADT which results in LOS "B" operation. It should be noted that this road segment is not projected to be deficient within the next five years. Therefore, the project is consistent with Policy's 1.3, 1.4, 5.1 and 5.2 of the TCE. STAFF RECOMMENDATION: Staff recommends that should the CCPC forward this petition to the Board of County Commissioners with a recommendation for approval, that the CCPC also recommend to the BCC that the boarders of this activity center be re-reviewed as part of the Board's adoption hearings on the EAR-based amendments. Staff also recommends that the CCPC forward this petition with a recommendation for approval having the effect of rezoning certain lands from "RSF-3", residential single family to "C-4" General Commercial as conditioned in the recommended Ordinance for Adoption and summarized below as follows: 1. Development of the site shall incorporate a recorded access easement which provides an access road running east and west and an interconnect to the property abutting the site to the northeast and shall facilitate interconnectivity between the subject site and the property abutting the site to the northeast. Cost of providing the interconnect shall be a fair share proportional cost between property owners of both sites. 2. Development of the site shall incorporate a recorded access easement which provides an .--_ access road running north and south and an interconnect to the property abutting the site to the north and south and shall facilitate interconnectivity between the subject site and the property abutting the site to the north and south. Cost of providing the interconnects shall be a fair share proportional cost between property owners of each site. 1999 PREPARED BY: Y, AIC DATE CHIEF PLANNER R XLD F. NINO, AICP DATE CURRENT PLANNING MANAGER HERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROV D BY: ~//7 VINCEN~T A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number: R-98-7 Staff Report for January 7, 1999 CCPC Meeting NOTE: This Petition has been tentatively scheduled for the January 26, 1999 BCC Meeting. COLLIER ~ Y PLANN G CO MISSION: MICH J. BRUET4~ JAN g 6 1999 P~. /'P _.._o REZONE FINDINGS FOR PETITION R-98-7 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 Findines: The proposed development is in compliance with 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. Existing: The subject 1.43 acre site is currently vacant. It has 240 feet of frontage on S.R. 951 and is 230 feet deep. Surrounding: North: The property to the north is zoned RSF-3, residential single family and is currently developed with a pump station. South: The property to the south is zoned for RSF-3, residential single family and is currently vacant. It is presently under consideration for a rezoning to C-4. East: The property to the east, across S.R. 951 is zoned Agricultural and is vacant. West: S.R. 951; C-4; Eagle Creek PUD. Developed with commercial retail type of land uses. JAN g 6 1999 p~. /,-? Summary Findings: The proposed rezoning and subsequent use of the property for a retail commercial development is compatible with the surrounding properties which are either developed with non-residential uses to the north, similar type of commercial uses to the east, or properties to the west and south which are eligible to be rezoned for commercial land uses due to their current location within the activity center boundaries. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summa~' Findings: The parcel is in a location such that it will not result in an isolated generic zoning district unrelated to adjacent and nearby districts. Adjacent properties to the north and west are developed with uses permitted in the C-4 zoning district. The property to the south is currently under staff review for a rezoning to C-4. The properties to the east, while currently zoned Agriculture, are eligible, due to their location within the Activity Center boundary, to be rezoned for commercial land uses. These properties front U.S. 41 and it is highly unlikely they would be developed for residential type of land uses. 4. Whether existing district boundaries are illogicaily drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summan' Findings: The district boundaries are logically drawn and they are consistent with the GMP. The rezoning action does not change the fact that development is for commercial retail purposes related to nearby commercial land uses and located within an activity center boundary which is consistent with the Mixed Use Activity Center land use designation. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element) of the GMP remains consistent. Con: The Board of County Commissioner's has transmitted EAR-based amendments to the FLUE including the FLUM which when adopted will have the effect of altering the current adopted boundaries of the Activity Center Future Land Use designation at the intersection of U.S. 41 and SR 951. Should this petition be submitted after the effective date of those amendments, as they were transmitted, the subject site would no longer be consistent with the locational JAN 2 6 1999 8 criteria for commercial land uses. However, this does not render the site undevelopable under its current zoning classification. SummaT Findings: The proposed zoning change is appropriate based on the existing conditions of the properly and because its relationship to the FLUE (Future Land Use Element) of the GMP presently remains consistent. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) A rezoning action that is consistent with a community's comprehensive master plan is a statement that acknowledges the action as contributing to the basic goals and objectives of master planning which is the promotion of the overall public health, welfare and safety, and is therefore also part of the equation which promotes the best principles of neighborhood composition. The proposed change will have the affect of permitting a commercial land use on the property, similar to surrounding properties also located within the same Activity Center. Con: Some people may find any form of non-residential land use in this area as offensive and adversely influencing their perception of "" neighborhood conditions. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because the change is consistent with the goals and objectives of the master plan and because recommended development standards and other conditions for approval that come into play at subsequent approval phases are designed to ensure the least amount of adverse impact on adjacent and nearby developments. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic incompatible with surrounding !and 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: Development of the subject property is consistent with the provisions of the Traffic Circulation Element of the GMP, therefore traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads. Con: None. .-I 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 c .... '~.~ JAN 2 6 1999 consistent, a statement advising that this project when developed will not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem; Pro/Con: Evaluation not applicable. 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 surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships upon original development. Any redevelopment of the site will require design and construction plans which shall 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 others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. The criteria governing development in the C-4 zoning district were designed to take into account the proximity of nearby residential land uses. 10. Whether the proposed change will adversely affect property values in the adjacent area: Pro/Con: Evaluation not applicable. Summary Findines: 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. JAN 2 6 1999 lO 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: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. Surrounding properties which are developed appear to be in a well-maintained condition. 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 development complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is 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 Finding: 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 Future Land Use Element of the Comprehensive Plan. 14. Whether the change requested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. AGENDA T.E.,~ No /~/..:.. JAN 2 6 7999 11 Summa~' Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable 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 Findints: The County has limited number of sites within this Activity Center which have the potential to be zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the propert}, usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summan' Findints: The site is currently undeveloped. The normal disruption of property attendant to the development phase is to be expected. To this extent the current natural vegetation will be removed and certain earth fill activity will be required to prepare the site. 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: Public facilities are available, and their Level of Service is commensurate with Adequate Public Facilities standards. JAN 2 6 1999 12 2RDiN~CE NO. 99- AN ORDINANCE ~MENDING ORDINkNCE h'UMBER 91-102, THE COLLIER COUNTY I~ DEV~ELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGLrLATIONS FOR THE UNINCORPORATED A2EA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS ~P ~JMBER 1603N CHA_NGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE F/STBR/q SIDE OF S.R. 951 APPROXIMATELY 700 FEET SOUTH OF U.S. 41 IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM RSF-3 TO C-4 FOR A RETAIL CE/qTER; PROVIDING FOR STAFF A/qD PI~ING COMMISSION STIPULATIONS; ~ BY PROVIDING AN EFFECTIV~E DATE. WHEREAS, Wililam L. Hoover, AICP cf Hoover P!annlng, representlng Marpet investment, Inc., petitioned the Board of County Commissioners to change the zoning ciassi=~caticn of the here!n described real property; NOW, THEREFORE BE iT ORDAINED BY THE BOARD OF COLr~Y COMMiSSICNERS OF COLLIER COUNTY, FLORIDA: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and lnccrporated by reference heroin, and located in Section 3, Township 5! South, Range 26 Eas~, Collier County, Florida, is changed from RSF-3 to C-4 and the Official Zoning Atlas Map Nuw~Der 1603N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The heroin described real property is the same for which the rezone is hereby approved subject to the following conditions: !. Permits or letters of exemption from the U.S. Amy Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. ~ 2. An appropriate portion of native vegetation shall be retained on site as required in sectlon 3.9.5 5.4. Collier County Land Development Code. NAoG~ JAN g 6 1999 2. an exotic '.'egezazzcn removal, mcnltcr=ng, and malntenance .exotic freet plan for Ene s!ne shall be susml~ted to Current F!annmng Env;ronmentai Staff for revlew and apprcvai pr!cr zc. final site plan/construczzcn plan apprcvai. This Ordinance shall ~ecome 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: CHAIRM3tN ATTEST: DWIGHT E o BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY MARJORiE M. STUDENT ASSISTANT COUNTY ATTORNEY f/R-98-~ REZONE ORJDINANCE/ JAN 2~ 6 1999 ,__ P~.._..~i_.___ : ORDINANCE NO. 99- 2 3 4 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, s THE COLLIER COUNTY LAND DEVELOPMENT CODE 6 WHICH ESTABLISHED THE COMPREHENSWE ZONING -7 REGULATIONS FOR THE UNINCORPORATED AREA OF 8 COLLIER COUNTY, FLORIDA, BY AMENDING THE 9 OFFICIAL ZONING ATLAS MAP NUMBER 1603N CHANGING ~. 0 THE ZONING CLASSIFICATION OF THE HEREIN ~ DESCRIBED PROPERTY LOCATED ON THE EASTERN SIDE ~2 OF S.R. 951 APPROXIMATELY 700 FEET SOUTH OF U.S. 41 ~3 IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, ~4 COLLIER COUNTY, FLORIDA, FROM RSF-3 TO C-4 FOR A ~s RETAIL CENTER; PROVDING FOR STAFF AND PLANNING ~s COMMISSION STIPULATIONS; AND BY PROVIDING AN ~ 7 EFFECTIVE DATE. ~9 WHEREAS, William L. Hoover, AICP of Hoover Planning, representing Marpet 2 o Investment, Inc., petitioned the Board of County Commissioners to change the zoning 2 ~ classification of the herein described real property; 22 NOW, THEREFORE BE IT ORDAINliD BY THE BOARD OF COUNTY 23 COMMISSIONERS OF COLLIER COUNTY, FLORIDA: 24 ~ 2 s The zoning classi~cation of the real property as more particularly described by Exhibit 2 s "A", attached hereto and incorporated by reference herein. and located in Section 3, Township 51 27 South, Range 26 East, Collier County, Flonda~ is changed from RSF-3 to C-4 and the Official 2 s Zoning Atlas Map Number 1603N, as described in Ordinance 91-102, the Collier County Land 29 Development Code is hereby amended accordingly. The herein described real property is the same 30 for which the fezone is hereby approved subject to the following conditions: 3~- 32 1. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE)and the z. 3 South Florida Water Management District (SF~qVlD) shall be presented prior to final site s 4 plan/construction plan approval. 35 3 s 2. An appropriate portion of native vegetation shall be retained on site as required in section s 7 3.9.5.5.4. Collier County Land Development Code. 38 s ~ 3. Development of the site shall incorporate a recorded access easement which provides an 4 o access road running east and west and an interconnect to the property abutting the site to 4 ~ the northeast and shall facilitate interconnectivity between the subject site and the property 42 abutting the site to the northeast. Cost of providing the interconnect shall be a fair share 43 proportional cost between property owners of both sites. 44 45 4. Development of the site shall incorporate a recorded access easement which provides an 4 s access road runrang north and south and an interconnect to the property abutting the site to 47 the north and south and shall facilitate interconnectivity between the subject site and the 48 property abutting the site to the north and south. Cost of providing the interconnects shall 49 be a fair share proportional cost between property owners of each site. 50 ran forltterS~lr _ s ~ 5. An exotic vegetation removal, monitoring, and maintenance (exotic flee ~..: s 2 shall be submitted to Current Planrang Environmental Staff for review a appro~gal s3 to final site plan/construction plan approval. . JAN 6 1999 '1 1 ~ 2 3 This Ordinance shall become effective upon filing with the Department of State. 4 PASSED AND DUEY ADOPTED by the Board of County Commissioners of Collier s County., Florida. this day of ,1999 6 7 BOARD OF COUNTY COMMISSIONERS 8 COLLIER COUNTY, FLORIDA 9 10 x~ BY: ~2 CHAIRMAN 13 ~4 ATTEST: ~ s DWIGHT E. BROCK, CLERK 16 17 18 19 : o APPROVED AS TO FORM AND LEGAL SUFFICIENCY 21 22 MARJO~-IE M. STUDENT 25 ASSISTANT COUNTY ATTORNEY 26 27 FR-98-7 REZONE ORDINANCFj 29 JAN g 6 1999 2